Department of Homeland Security Appropriations Act, 2021
This bill provides FY2021 appropriations for the Department of Homeland Security.
The bill provides appropriations for Departmental Management, Operations, Intelligence, and Oversight, including
The bill provides appropriations for Security, Enforcement, and Investigations, including
The bill provides appropriations for Protection, Preparedness, Response, and Recovery, including
The bill provides appropriations for Research, Development, Training, and Services, including
The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations Acts.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7669 Reported in House (RH)]
<DOC>
Union Calendar No. 368
116th CONGRESS
2d Session
H. R. 7669
[Report No. 116-458]
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2021, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2020
Ms. Roybal-Allard, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2021, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Homeland Security for the fiscal
year ending September 30, 2021, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $151,868,000; of which
$20,000,000 shall be for the Office of the Ombudsman for Immigration
Detention, of which $5,000,000 shall remain available until September
30, 2022; and of which $10,000,000 shall be withheld from obligation
until the date on which the Secretary publishes the first semi-monthly
data required in section 106(d) of this Act and submits the first
annual report required in section 106(e) of division D of Public Law
116-93: Provided, That not to exceed $30,000 shall be for official
reception and representation expenses.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, $1,401,757,000: Provided, That not to exceed $2,000 shall
be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $359,450,000, of which
$159,611,000 shall remain available until September 30, 2023; and of
which $199,839,000 shall remain available until September 30, 2025.
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,
$311,263,000, of which $82,620,000 shall remain available until
September 30, 2022: Provided, That not to exceed $3,825 shall be for
official reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with secure space
at fusion centers, including improvements to buildings.
Office of the Inspector General
operations and support
For necessary expenses of the Office of Inspector General for
operations and support, $190,186,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
Sec. 101. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2021, 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 2020 or 2021.
(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, 2022.
Sec. 102. Not later than 30 days after the last day of each month,
the Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report that
includes total obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and activity
levels, by the source year of the appropriation.
Sec. 103. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes, which shall be
specified in terms of cost, schedule, and performance.
Sec. 104. (a) The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9705(g)(4)(B) of
title 31, United States Code, from the Department of the Treasury
Forfeiture Fund to any agency within the Department of Homeland
Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives are notified of the proposed transfer.
(c) The funds available under such section may not be obligated for
the construction of border security infrastructure.
Sec. 105. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
Sec. 106. (a) The Secretary of Homeland Security shall establish
metrics and collect data for assessing each modality through which
aliens are removed, expelled, extradited, or otherwise involuntarily
returned to Mexico or to a third country with respect to making an
asylum claim for all such modalities that were implemented by the
Department of Homeland Security after January 1, 2019. Such data shall
include:
(1) For aliens removed, expelled, extradited, or otherwise
involuntarily returned--
(A) the country to which the alien is removed,
expelled, extradited or returned;
(B) whether the alien was a member of a family
unit;
(C) the nationality of the alien;
(D) the gender of the alien;
(E) the age of the alien;
(F) the port of entry, Border Patrol Sector, or
city and State, as appropriate, in which the alien was
apprehended or processed;
(G) the departmental component and office
responsible for such apprehension or processing;
(H) whether the alien belongs to a vulnerable
group, as defined by the Secretary in collaboration
with the Office of Civil Rights and Civil Liberties,
and the vulnerable group to the which the alien
belongs;
(I) whether the alien expresses fear, disaggregated
by the number who receive a positive fear determination
based on an interview by an asylum officer;
(J) whether the alien is represented by legal
counsel;
(K) the location and facility type in which the
alien was detained; and
(2) For aliens returned to Mexico--
(A) the number who appear at a port of entry to
attend immigration adjudication proceedings;
(B) the number scheduled to appear at a port of
entry for such proceedings who do not so appear;
(C) the outcomes of such proceedings, including
data on the number of removals ordered in absentia;
(D) the number who remain overnight in the United
States following such proceedings; and
(E) the number who subsequently reenter without
inspection, disaggregated by adults and children who
reenter unaccompanied.
(b) For the purposes of this section, the term ``fear'' shall refer
to credible or reasonable fear of:
(1) persecution, as defined in section 235(b)(1)(B)(v) of
the Immigration and Nationality Act; or
(2) torture, as defined in section 208.31 of title 8, Code
of Federal Regulations (as in effect on January 1, 2020).
(c) No Federal funds may be obligated or expended to implement a
return modality for purposes of an alien establishing an asylum claim
in a third country until the Secretary has certified to Congress that
such third country has the capacity to assess asylum claims and safely
resettle such claimants.
(d) Beginning not later than 30 days after the date of enactment of
this Act, the Secretary shall publish on a semi-monthly basis not less
than the previous 12 months of the data required to be collected by
subsection (a) as of the last date of each reporting period on a
publicly available website of the Department in a downloadable,
searchable, and sortable format.
Sec. 107. (a) The Secretary of Homeland Security shall conduct a
comprehensive study to determine the extent of human trafficking in the
United States, consistent with the conclusions of the consultation
under subsection (b).
(b) Prior to commencing the study, the Secretary shall carry out
the following activities in consultation with such Federal departments
and agencies and State and local government entities as the Secretary
determines appropriate--
(1) determine the appropriate time period for the study to
consider;
(2) determine what information regarding the incidence of
human trafficking is currently reported to any Federal
department or agency, and the availability of such information;
(3) take appropriate actions to obtain such information,
consistent with privacy protection laws and considerations and,
where such information cannot be obtained, promptly report to
Congress such unavailability;
(4) determine what additional information from State and
local government entities is necessary to complete the study;
and
(5) enter into agreements with such States or local
governments providing for the reporting of such information.
(c) The Secretary shall provide a report to Congress on the results
of the study required by subsection (a), which shall also include:
(1) the estimated number of human trafficking victims
disaggregated by--
(A) whether the victim was trafficked within a
State; and
(B) whether the victim was trafficked in interstate
commerce; and
(2) a description of industries and geographical regions in
which the practice of human trafficking is most prevalent.
Sec. 108. (a) The Secretary of Homeland Security shall establish
and implement pilot programs under which Mexican nationals admitted as
nonimmigrant visitors in a State pursuant to the requirements described
in sections 212.1(c)(1)(i) and 235.1(h)(v)(A) or (C) of title 8, Code
of Federal Regulations, shall, notwithstanding the geographic
limitations described in such section 235.1(h)(v)(A) or (C), be
permitted to travel within the boundaries of such State for a period
not to exceed 30 days, as applicable.
(b) The pilot programs described in subsection (a) shall begin not
later than 90 days after the date of enactment of this Act and
terminate five years thereafter.
Sec. 109. (a) The Secretary shall provide a quarterly travel report
to the Committees on Appropriations of the Senate and the House of
Representatives detailing all costs for the prior quarter for travel by
the Secretary and Deputy Secretary, disaggregated by funding source,
indirect costs, direct costs, official travel, and nonofficial travel.
(b) The first report required under subsection (a) shall be
provided not later than 30 days after the end of each fiscal quarter,
beginning with the end of the first quarter beginning after the date of
enactment of this Act.
Sec. 110. (a) No Federal funds may be obligated for any pilot or
demonstration program that uses more than 5 full time equivalents or
costs in excess of $1,000,000 until 30 days after the Secretary of
Homeland Secretary provides the following to the Committees on
Appropriations of the Senate and the House of Representatives for such
program:
(1) Objectives that are well-defined and measurable;
(2) An assessment methodology that details--
(A) the type and source of assessment data;
(B) the methods for and frequency of collecting
such data; and
(C) how such data will be analyzed;
(3) An implementation plan, including milestones, a cost
estimate, and schedule, including an end date; and
(4) A signed interagency agreement or memorandum of
agreement for any pilot or demonstration program involving the
participation of more than one Department of Homeland Security
component or that of an entity not part of such Department.
(b) Not later than 30 days after the date of completion of a pilot
or demonstration program, the Secretary of Homeland Security shall
provide a report to Committees on Appropriations of the Senate and the
House of Representatives detailing lessons learned, actual costs, and
any planned expansion or continuation of the pilot or demonstration
program.
(c) For the purposes of this section, a pilot or demonstration
program is a policy implementation, study, demonstration, experimental
program, or trial that is a small-scale, short-term experiment
conducted in order to evaluate feasibility, duration, costs, or adverse
events, and improve upon the design of an effort prior to
implementation of a larger scale effort.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfers of funds)
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
minor aliens; 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; $13,240,238,000; of which $3,274,000 shall be derived
from the Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant to
section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $500,000,000 shall
be available until September 30, 2022; and of which such sums as become
available in the Customs User Fee Account, except sums subject to
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account;
and of which $172,000,000 is for additional Office of Field Operations
staffing: Provided, That not to exceed $34,425 shall be for official
reception and representation expenses: Provided further, That not to
exceed $150,000 shall be available for payment for rental space in
connection with preclearance operations: Provided further, That not to
exceed $2,000,000 shall be for awards of compensation to informants, to
be accounted for solely under the certificate of the Secretary of
Homeland Security: Provided further, That not to exceed $5,000,000 may
be transferred to the Bureau of Indian Affairs for the maintenance and
repair of roads on Native American reservations used by the U.S. Border
Patrol: Provided further, That, not to exceed $75,000,000 shall be
transferred to the United States Fish and Wildlife Service for
mitigation activities, including land acquisition, related to the
construction of border barriers on Federal lands: Provided further,
That of the funds made available under this heading for the Executive
Leadership and Oversight program, project, and activity, $5,000,000
shall be withheld from obligation until the Commissioner of U.S.
Customs and Border Protection submits the report required by section
209(b).
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, $877,547,000, of
which $750,148,000 shall remain available until September 30, 2023, and
of which $127,399,000 shall remain available until September 30, 2025.
U.S. Immigration and Customs Enforcement
operations and support
(including transfer of funds)
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; $7,308,449,000; of which
not less than $6,000,000 shall remain available until expended for
efforts to enforce laws against forced child labor; of which 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; of which
$3,305,292,000 shall be for enforcement and removal operations,
including transportation of unaccompanied minor aliens; and of which
$317,613,000 shall be for the Office of the Principal Legal Advisor:
Provided, That not to exceed $11,475 shall be for official reception
and representation expenses: Provided further, That not to exceed
$10,000,000 shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act of 1986
(19 U.S.C. 2081): Provided further, That not to exceed $2,000,000
shall be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security:
Provided further, That not to exceed $11,216,000 shall be available to
fund or reimburse other Federal agencies for the costs associated with
the care, maintenance, and repatriation of smuggled aliens unlawfully
present in the United States: Provided further, That of the funds made
available under this heading, $10,000,000 shall be withheld from
obligation until the second obligation and expenditure plan directed by
the Committee report accompanying this Act has been submitted:
Provided further, That of the funds made available under this heading
for the Office of the Principal Legal Advisor, $10,000,000 shall be
withheld from obligation until the Secretary submits the certifications
described in section 218(b): Provided further, That of the funds made
available under this heading for enforcement and removal operations,
$615,898,000 shall be withheld from obligation while the ``Order Under
Sections 362 and 365 of the Public Health Service Act (42 U.S.C. 265,
268); Order Suspending Introduction of Certain Persons From Countries
Where a Communicable Disease Exists'' issued on March 20, 2020, and
published on March 26, 2020, in the Federal Register, remains in
effect, including any extensions of such order: Provided further, That
the amount in the previous proviso shall become available on a pro rata
basis corresponding to the number of days remaining in the fiscal year
at the time such order (or any extension of such order) is no longer in
effect: Provided further, That any amount withheld from obligation as
of September 20, 2021 resulting from the previous two provisos, shall
be transferred as an additional amount to ``Coast Guard--Procurement,
Construction, and Improvements'', to become available on September 20,
2021, and to remain available until September 30, 2025, for shore
facilities and aids to navigation: Provided further, That the
Commandant of the Coast Guard shall provide a detailed plan for the use
of such funds not later than 30 days prior to the obligation of such
funds.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $97,799,000, of which
$24,538,000 shall remain available until September 30, 2023, and of
which $73,261,000 shall remain available until September 30, 2025.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $7,927,407,000, to remain
available until September 30, 2022: Provided, That not to exceed
$7,650 shall be for official reception and representation expenses:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2021 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $4,987,407,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$154,492,000, to remain available until September 30, 2023.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $29,524,000, to remain
available until September 30, 2022.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and
support including the Coast Guard Reserve; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of not more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase, lease, or improvements of boats necessary for overseas
deployments and activities; payments pursuant to section 156 of Public
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $8,560,267,000, of which $555,000,000 shall be for defense-
related activities, of which $215,000,000 is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 and shall be available only if the President
subsequently so designates such amount and transmits such designation
to Congress; of which $24,500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which
$5,000,000 shall remain available until September 30, 2023; and of
which $21,212,000 shall remain available until September 30, 2025, for
environmental compliance and restoration; and of which $70,000,000
shall remain available until September 30, 2022, for vessel depot level
maintenance: Provided, That not to exceed $23,000 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment
related thereto, $2,158,791,000, to remain available until September
30, 2025; 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; $8,276,000, to remain available until
September 30, 2023, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,869,704,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652
vehicles for police-type use for replacement only; hire of passenger
motor vehicles; purchase of motorcycles made in the United States; hire
of aircraft; rental of buildings in the District of Columbia; fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control, as may be necessary to
perform protective functions; conduct of and participation in firearms
matches; presentation of awards; conduct of behavioral research in
support of protective intelligence and operations; payment in advance
for commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$2,368,553,000; of which $39,763,000 shall remain available until
September 30, 2022, and of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children:
Provided, That not to exceed $19,125 shall be for official reception
and representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in criminal investigations within
the jurisdiction of the United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $52,306,000, to remain
available until September 30, 2023.
research and development
For necessary expenses of the United States Secret Service for
research and development, $11,937,000, to remain available until
September 30, 2022.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
overtime compensation limitations, shall apply with respect to funds
made available in this Act in the same manner as such section applied
to funds made available in that Act, except that ``fiscal year 2021''
shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico and the U.S.
Virgin Islands, in addition to funding provided by section 740 and
1406i of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 204. (a) For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $31,000,000, to remain
available until expended, to be reduced by amounts collected and
credited to this appropriation in fiscal year 2021 from amounts
authorized to be collected by section 286(i) of the Immigration and
Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of
the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law
114-25), or other such authorizing language.
(b) To the extent that amounts realized from such collections
exceed $31,000,000, those amounts in excess of $31,000,000 shall be
credited to this appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to section
501(b) of title 46, United States Code, for the transportation of crude
oil distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate measures
to ensure the use of United States flag vessels: Provided, That the
Secretary shall notify the Committees on Appropriations of the Senate
and the House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives within 2 business
days of any request for waivers of navigation and vessel-inspection
laws pursuant to section 501(b) of title 46, United States Code, with
respect to such transportation, and the disposition of such requests.
Sec. 207. (a) Beginning on the date of enactment of this Act, the
Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means a fee
that every pedestrian, cyclist, and driver and passenger of a private
motor vehicle is required to pay for the privilege of crossing the
Southern border or the Northern border at a land port of entry.
Sec. 208. Not later than 90 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit an
expenditure plan for any amounts made available for ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' in
this Act and prior Acts to the Committees on Appropriations of the
Senate and the House of Representatives: Provided, That no such
amounts may be obligated prior to the submission of such plan.
Sec. 209. (a) Of the total amount made available under ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'', $897,547,000 shall be available only as follows:
(1) $593,110,000 for the acquisition and deployment of
border security technologies and trade and travel assets and
infrastructure;
(2) $127,399,000 for facility construction and
improvements;
(3) $124,409,000 for integrated operations assets and
infrastructure; and
(4) $32,629,000 for mission support and infrastructure.
(b) Not later than 180 days after the date of enactment of this
Act, the Secretary of Homeland Security shall submit to the Committee
on Appropriations of the Senate, the Committee on Appropriations of the
House of Representatives, and the Comptroller General of the United
States an updated risk-based plan for improving security along the
borders of the United States that includes the elements required under
subsection (a) of section 231 of division F of the Consolidated
Appropriations Act, 2018 (Public Law 115-141), which shall be evaluated
in accordance with subsection (b) of such section.
Sec. 210. Federal funds may not be made available for the
construction of fencing--
(1) within the Santa Ana Wildlife Refuge;
(2) within the Bentsen-Rio Grande Valley State Park;
(3) within La Lomita Historical park;
(4) within the National Butterfly Center;
(5) within or east of the Vista del Mar Ranch tract of the
Lower Rio Grande Valley National Wildlife Refuge;
(6) within historic cemeteries;
(7) within any site on the National Register of Historic
Places;
(8) within any real property owned by the Sacred Heart
Children's Home in Laredo, Texas;
(9) within the Lower Rio Grande Valley National Wildlife
Refuge; or
(10) within 1 mile of historic sites along the Los Caminos
del Rio Heritage Corridor.
Sec. 211. (a) Notwithstanding any other provision of law, no
Federal funds may be used for the construction of physical barriers
along the southern land border of the United States during fiscal year
2021.
(b) Subsection (a) shall not apply to amounts made available for
such purpose by Public Law 116-6, Public Law 115-141, Public Law 115-
31, or Public Law 116-93.
Sec. 212. (a) No Federal funds may be used for the construction of
physical barriers within the jurisdictional limits of a city or the
geographical limits or of a census designated place described in
subsection (d).
(b) Subsection (a) shall not apply if the Secretary of Homeland
Security has ---
(1) issued a notice for public comment on the proposed
construction of barriers for a comment period of not fewer than
60 days;
(2) published in the Federal Register its responses to the
comments received along with its plans for construction in the
areas identified in the notice to which it is responding not
later than 90 days following the end of such comment period;
and
(3) consulted with the local elected officials of such city
or place regarding the design and alignment of physical
barriers within such city or place (as the case may be),
including barriers at or adjacent to ports of entry.
(c) The consultation required under subsection (b)(3) shall
continue until September 30, 2021, unless agreement on design and
alignment is reached earlier, but may be extended beyond that date by
agreement of the parties.
(d) The cities and census designated places described in this
subsection are as follows:
(1) The cities of:
(A) Laredo, Texas;
(B) Rio Bravo, Texas;
(C) El Cenizo, Texas;
(D) Zapata, Texas;
(E) Roma, Texas;
(F) Escobares, Texas;
(G) Rio Grand City, Texas;
(H) La Grulla, Texas; and
(2) The census designated places of:
(A) San Ygnacio, Texas;
(B) Ramireno, Texas;
(C) Chapeno, Texas;
(D) Salineno, Texas;
(E) Fronton, Texas; and
(F) Garceno, Texas.
Sec. 213. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue a delegation of law enforcement authority authorized
under section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General or
the U.S. Government Accountability Office determines that the terms of
the agreement governing the delegation of authority have been
materially violated.
Sec. 214. (a) None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue any contract for the provision of detention services
if the two most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
(b) Beginning not later than January 1, 2021, the performance
evaluations referenced in subsection (a) shall be conducted by the U.S.
Immigration and Customs Enforcement Office of Professional
Responsibility.
Sec. 215. No Federal funds may be used to place in detention,
remove, refer for a decision whether to initiate removal proceedings,
or initiate removal proceedings against any individual--
(1) who provides or has provided information to a federal
employee or contractor related to facilitating the sponsorship
of an unaccompanied alien child (as defined in section 462(g)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) or the
reunification of such child with a family member; or
(2) based on information gathered in therapy sessions
conducted while in the custody of the Office of Refugee
Resettlement.
Sec. 216. Not later than 45 days after the date of enactment of
this Act, the Director of U.S. Immigration and Customs Enforcement
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives, and make available on a publicly accessible
website, a report describing agreements pursuant to section 287(g) of
the Immigration and Nationality Act (8 U.S.C. 1357(g)) which shall
include --
(1) detailed information relating to the community outreach
activities of each participating jurisdiction pursuant to such
agreement, including the membership and activities of any
community-based steering committee established by such
jurisdiction;
(2) the number of individuals placed into removal
proceedings pursuant to each such agreement;
(3) data on the performance of the officers or employees of
a State or political subdivision thereof under each such
agreement, including the nationality and level of criminality
of the individuals described in paragraph (2); and
(4) information relating to any future plans to increase
the number of such agreements or expand the scope of such
agreements through the introduction of new operations pursuant
to such section.
Sec. 217. Not later than 7 days after the date of enactment of
this Act and updated semimonthly thereafter, the Director of U.S.
Immigration and Customs Enforcement shall make available a report, on a
publicly accessible website in a downloadable, searchable, and sortable
format, with not less than the previous twelve months of semimonthly
data as of the last date of each such reporting period; on--
(1) aliens detained by such agency, including data
disaggregated by single adults and members of family units, as
well as by whether the individual self-identifies as
transgender, on--
(A) the average fiscal year-to-date daily
populations of aliens detained;
(B) the daily count of aliens detained;
(C) the fiscal year-to-date total for book-ins;
(D) the average lengths of stay, including average
post-determination length of stay in the case of
detainees described in subparagraph (F);
(E) the number transferred to the custody of U.S.
Immigration and Customs Enforcement by U.S. Customs and
Border Protection after being--
(i) deemed inadmissible at a port of entry
or after being apprehended within 14 days of
entering the United States; or
(ii) arrested by U.S. Immigration and
Customs Enforcement;
(F) the number determined to have a credible or
reasonable fear of--
(i) persecution, as defined in section
235(b)(1)(B)(v) of the Immigration and
Nationality Act; or
(ii) torture, as defined in section 208.30
of title 8, Code of Federal Regulations (as in
effect on January 1, 2018);
(G) the number who have been issued a Notice to
Appear pursuant to section 239 of the Immigration and
Nationality Act, disaggregated by single adults and
members of family units;
(H) 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; and
(I) the number who have been in detention,
disaggregated by the number of detainees described in
subparagraph (F), for each of the following--
(i) over two years;
(ii) from over one year to two years;
(iii) from over six months to one year; and
(iv) for less than six months;
(2) the total number of enrollees in the Alternatives to
Detention program and the average length of participation,
disaggregated by--
(A) single adults and family heads of household;
(B) participants in the family case management
program;
(C) level of supervision; and
(D) location of supervision, by field office;
(3) for each facility where aliens are detained by U.S.
Immigration and Customs Enforcement--
(A) the address;
(B) the field offices that assign detainees to the
facility;
(C) the detailed facility type, as defined in the
integrated decision support system;
(D) the gender of aliens detained;
(E) the average daily population of detainees
within each detainee classification level, as defined
in the integrated decision support system;
(F) the average daily population of individuals
within each threat level, as defined in the integrated
decision support system;
(G) the average daily population within each
criminality category, as defined in the integrated
decision support system, disaggregated by gender;
(H) the average length of stay;
(I) the average daily population of individuals
whose detention is classified as mandatory;
(J) the performance standards to which the facility
is held;
(K) the date of the two most recent inspections,
the entity that performed each inspection, and a
detailed summary of the results of such inspections;
and
(L) the guaranteed minimum detention capacity, if
applicable; and
(4) the total number of releases from custody, by condition
of release, and total number of removals, disaggregated by
adult facilities and family facilities.
Sec. 218. (a) Not later than 30 days after the date of enactment of
this Act, the Secretary of Homeland Security shall--
(1) ensure that individuals who are placed in proceedings
under section 240 of the Immigration and Nationality Act (8
U.S.C. 1229a) have--
(A) unimpaired access to legal counsel, including
prospective legal counsel;
(B) opportunities for prospective pro-bono legal
counsel to be accessible to such individuals; and
(C) meaningful opportunities to consult with legal
counsel prior to required appearances for such
proceedings; and
(2) implement a program to conduct a Know Your Rights
presentation for all individuals who are--
(A) presenting for immigration hearings at land
ports of entry; and
(B) placed into expedited removal proceedings under
section 235 of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)) who indicate an intention to apply
for asylum or a fear of persecution.
(b) Not later than 30 days after the date of enactment of this Act,
the Secretary and the Director of the Office of Civil Rights and Civil
Liberties shall each certify to the Committees on Appropriations of the
Senate and the House of Representatives as to whether the requirements
under subsection (a) have been satisfied.
Sec. 219. (a) Notwithstanding section 236(c) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)), no Federal funds may be used by the
Department of Homeland Security to detain an individual for more than
20 days unless such individual is determined by the Director of U.S.
Immigration and Customs Enforcement, following an individualized
assessment, to pose a threat to public safety or to be a flight risk.
(b) In the case of an individual who self-identifies as
transgender--
(1) the assessment described in subsection (a) shall
require the concurrence of the Immigration Detention Ombudsman;
and
(2) the maximum period of detention described in subsection
(a) may not exceed 5 days.
(c) Notwithstanding subsections (a) and (b), no Federal funds may
be obligated to detain an individual who self-identifies as transgender
in any facility that is not contractually obligated to meet, at a
minimum, the requirements described in Attachment 1 of the June 19,
2015, U.S. Immigration and Customs Enforcement memorandum entitled,
``Further Guidance Regarding the Care of Transgender Individuals''
unless such individual declines placement in such a facility after
being informed of the opportunity to do so.
(d) Not later than 30 days after the date of enactment of this Act,
the Director shall provide the Committees on Appropriations of the
Senate and the House of Representatives the defined metrics used to
make such assessments.
Sec. 220. (a) None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to engage in civil immigration enforcement activities, such as
arrests, detentions, removals, or the processing or issuance of
charging documents, using Homeland Security Investigations personnel or
resources absent probable cause that the individual facing such
enforcement action has committed a criminal offense not solely related
to migration or immigration status.
(b) For purposes of this section, criminal offenses solely related
to migration or immigration status include any offense for which
penalties may be imposed pursuant to sections 243, 264, 266(a) or (b),
275, or 276 of the Immigration and Nationality Act.
Sec. 221. No Federal funds may be used for the detention or
removal of any alien until there is a final denial of the alien's
application for status after the exhaustion of administrative and
judicial review, if such individual--
(1) has a pending application under section 101(a)(15)(T),
101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3) (as in effect on
March 31, 1997) of the Immigration and Nationality Act; or
(2) is a VAWA self-petitioner, as defined in section
101(a)(51) of the Immigration and Nationality Act, with a
pending application for relief under a provision referred to in
one of subparagraphs (A) through (G) of such section, or
section 101(a)(27)(J) of such Act.
Sec. 222. Members of the United States House of Representatives
and the United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
Sec. 223. Any award by the Transportation Security Administration
to deploy explosives detection systems shall be based on risk, the
airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness.
Sec. 224. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2020, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives
detection systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section 44923(a) of
such title.
Sec. 225. Not later than 30 days after the submission of the
President's budget proposal, the Administrator of the Transportation
Security Administration shall submit to the Committees on
Appropriations and Commerce, Science, and Transportation of the Senate
and the Committees on Appropriations and Homeland Security in the House
of Representatives a single report that fulfills the following
requirements:
(1) a Capital Investment Plan (CIP) that includes a plan
for continuous and sustained capital investment in new, and the
replacement of aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of 2002,
as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening
Technologies report as required by the Senate Report
accompanying the Department of Homeland Security Appropriations
Act, 2019 (Senate Report 115-283).
Sec. 226. Section 225 of division A of Public Law 116-6 (49 U.S.C.
44901 note; relating to a pilot program for screening outside of an
existing primary passenger terminal screening area) is amended in
subsection (e) by striking ``2021'' and inserting ``2023''.
Sec. 227. None of the funds made available by this Act under the
heading ``Coast Guard--Operations and Support'' shall be for expenses
incurred for recreational vessels under section 12114 of title 46,
United States Code, except to the extent fees are collected from owners
of yachts and credited to the appropriation made available by this Act
under the heading ``Coast Guard--Operations and Support'': Provided,
That to the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and there
is a backlog of recreational vessel applications, personnel performing
non-recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 228. Without regard to section 503 of this Act, up to
$10,000,000 may be reprogrammed to or from the Military Pay and
Allowances funding category within ``Coast Guard--Operations and
Support'' if the Secretary notifies the Committees on Appropriations of
the Senate and the House of Representatives not less than 15 days in
advance of such reprogramming.
Sec. 229. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under
the heading ``Coast Guard--Acquisition, Construction, and
Improvements'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such heading.
Sec. 230. Funds made available for Overseas Contingency
Operations/Global War on Terrorism under the heading ``Coast Guard--
Operations and Support'' may be allocated by program, project, and
activity, notwithstanding section 503 of this Act.
Sec. 231. Amounts deposited into the Coast Guard Housing Fund in
fiscal year 2021 shall be available until expended to carry out the
purposes of section 2946 of title 14, United States Code, and shall be
in addition to funds otherwise available for such purposes.
Sec. 232. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 233. None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security: Provided, That the Director
of the United States Secret Service may enter into agreements to
provide such protection on a fully reimbursable basis.
Sec. 234. Notwithstanding section 503 of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support'' if the Secretary notifies the Committees on
Appropriations of the Senate and the House of Representatives not less
than 15 days in advance of such reprogramming.
Sec. 235. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for travel of
United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the Senate and the House
of Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 236. (a) Not later than 30 days after the date of enactment of
this Act and updated semi-monthly thereafter, the Secretary shall make
available a report on a publicly accessible website in a downloadable,
searchable, and sortable format that includes not less than the
previous 12 months of data, as of the last date of each such reporting
period, on all requests to any law enforcement component of the
Department of Homeland Security for law enforcement support in the form
of personnel, aircraft, equipment, or any other assets, which shall
include each of the following for each requesting entity:
(1) The name of the entity;
(2) The purposes for which support is requested;
(3) The numbers of personnel and the categories and numbers
of assets requested;
(4) The duration of the requested support;
(5) Whether the requested support was provided;
(6) The departmental official who approved providing such
support;
(7) The dates and descriptions of any support provided;
(8) The cost of providing such support; and
(9) Whether the support is subject to reimbursement by the
requesting entity.
(b) The reporting requirements in subsection (a) shall apply to
requests from--
(1) Non-Federal law enforcement components; and
(2) Federal law enforcement entities, including other such
entities of the Department of Homeland Security.
Sec. 237. No Federal funds may be made available to modify or
revoke the U.S. Immigration and Customs Enforcement guidance entitled
``COVID-19: Guidance for SEVP Stakeholders'', issued March 13, 2020,
with respect to the maintenance of or eligibility for a nonimmigrant
status, including an application for nonimmigrant status under
subparagraph (F) or (M) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)).
Sec. 238. None of the amounts appropriated or otherwise made
available by this Act to U.S. Immigrations and Customs Enforcement for
enforcement and removal operations may be made available to operate a
citizen academy program.
Sec. 239. (a) Upon receipt of a written request by a relevant
committee for an investigative report relating to an alien beneficiary
of a private bill that has been introduced in the Senate or the House
of Representatives, the Secretary of Homeland Security shall
immediately stay the removal of such alien, and such stay of removal
shall remain in effect until the earlier of--
(1) March 15 of the congressional term that commences after
the term in which the private bill is introduced; or
(2) the date that the relevant committee notifies the
Secretary of Homeland Security that the bill is no longer under
consideration.
(b) For purposes of subsection (a), the term ``relevant committee''
means--
(1) the Committee on the Judiciary of the House of
Representatives;
(2) the Committee on the Judiciary of the Senate; or
(3) a subcommittee of a committee identified in paragraph
(1) or (2) with jurisdiction over private legislation.
(c) This section shall take effect on the date of the enactment of
this Act and shall apply to any alien beneficiary of a private bill for
whom an investigative report was requested on or after January 3, 2019.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $1,843,891,000, of which
$27,849,000 shall remain available until September 30, 2022: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$396,425,000, to remain available until September 30, 2023.
research and development
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $14,431,000, to remain
available until September 30, 2022.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,155,750,000: 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, $122,353,000, of which
$61,237,000 shall remain available until September 30, 2023, and of
which $61,116,000 shall remain available until September 30, 2025.
federal assistance
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,662,369,000, which shall be allocated as
follows:
(1) $700,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002
(6 U.S.C. 605), of which $90,000,000 shall be for Operation
Stonegarden, $15,000,000 shall be for Tribal Homeland Security
Grants under section 2005 of the Homeland Security Act of 2002
(6 U.S.C. 606), and $180,000,000 shall be for organizations (as
described under section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such code)
determined by the Secretary of Homeland Security to be at high
risk of a terrorist attack: Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2021,
the Commonwealth of Puerto Rico shall make available to local
and tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $795,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $180,000,000 shall be for organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such
code) determined by the Secretary of Homeland Security to be at
high risk of a terrorist attack.
(3) $110,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be
for Amtrak security and $3,000,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(4) $110,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(5) $770,000,000, to remain available until September 30,
2022, of which $385,000,000 shall be for Assistance to
Firefighter Grants and $385,000,000 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) $385,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of
title 6, United States Code, and Reorganization Plan No. 3 of
1978 (5 U.S.C. App.).
(7) $263,000,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance
Fund, and such additional sums as may be provided by States or
other political subdivisions for cost-shared mapping activities
under section 1360(f)(2) of the National Flood Insurance Act of
1968 (42 U.S.C. 4101(f)(2)), to remain available until
expended.
(8) $150,000,000 for the emergency food and shelter program
under title III of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11331), to remain available until expended:
Provided, That not to exceed 3.5 percent shall be for total
administrative costs.
(9) $75,000,000 for Alternatives to Detention Case
Management, to remain available until expended: Provided, That
such funding shall be awarded to nonprofit organizations and
local governments and administered by a National Board for the
purposes of providing case management services to any
consenting individual enrolled into the U.S. Immigration and
Customs Enforcement Alternatives to Detention program,
including but not limited to: mental health services; human and
sex trafficking screening; legal orientation programs; cultural
orientation programs; connections to social services; and for
individuals who will be removed, reintegration services:
Provided further, That not to exceed 3.5 percent shall be for
total administrative costs.
(10) $20,000,000 for Targeted Violence and Terrorism
Prevention grants.
(11) $284,369,000 to sustain current operations for
training, exercises, technical assistance, and other programs.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$5,653,366,000, to remain available until expended: Provided, That of
the amount provided under this heading, $5,059,949,000 shall be for
major disasters declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is
designated by the Congress as being for disaster relief pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That of the amount in the
preceding proviso, $200,000,000 may be transferred to the Disaster
Assistance Direct Loan Program Account for the cost of direct loans as
authorized under section 417 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5184), including loans issued
pursuant to section 312 of this Act and loan cancellations provided for
in this title, of which $3,000,000 is for administrative expenses.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
1020), $204,412,000, to remain available until September 30, 2022,
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 $13,906,000 shall be available for mission support
associated with flood management; and of which $190,506,000 shall be
available for flood plain management and flood mapping: Provided, That
any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as offsetting collections to this account, to be available for
flood plain management and flood mapping: Provided further, That in
fiscal year 2021, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) in excess of--
(1) $189,021,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,156,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act (42
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That
total administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
Sec. 301. 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. 302. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (4), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days after the
grant announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of an
application.
Sec. 303. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(4), the Administrator of the Federal Emergency Management Agency shall
brief the Committees on Appropriations of the Senate and the House of
Representatives 5 full business days in advance of announcing publicly
the intention of making an award.
Sec. 304. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 305. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4) shall be applied in fiscal year 2021 with
respect to budget year 2022 and current fiscal year 2021,
respectively--
(1) in paragraph (1) by substituting ``fiscal year 2022''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 306. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Staffing for Adequate Fire
and Emergency Response grants, the Administrator of the Federal
Emergency Management Agency shall 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. 307. The aggregate charges assessed during fiscal year 2021,
as authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program for the
next fiscal year: Provided, That 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: Provided further, That 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, 2021, and remain available until expended.
Sec. 308. (a) Any balances of funds appropriated in any prior Act
for activities funded by National Predisaster Mitigation Fund under
section 203 of the Robert T Stafford Disaster Relief and Emergency
Assistance Act (42 USC 5133)(as in effect on the day before the date of
enactment of section 1234 of division D of Public Law 115-254) may be
transferred to and merged for all purposes with the funds set aside
pursuant to subsection (i)(1) of section 203 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, (42 USC 5133) as in
effect on the date of the enactment of this section.
(b) The transfer authorized in subsection (a) may not occur until
the Administrator of the Federal Emergency Management Agency submits to
the Committees on Appropriations of the Senate and the House of
Representatives a plan for the obligation of funds pursuant to such
subsection (i)(1), including the criteria to be used for awarding
grants and a process for tracking the obligation of such transferred
funds.
Sec. 309. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Assistance to Firefighter
Grants, the Administrator of the Federal Emergency Management Agency
shall waive subsection (k) of section 33 of the Federal Fire Prevention
and Control Act of 1974 (15 USC 2229).
Sec. 310. Funds made available under the heading ``Cybersecurity
and Infrastructure Security Agency--Operations and Support'' may be
made available for the necessary expenses of carrying out the
competition specified in section 2(e) of Executive Order No. 13870 (May
2, 2019), including the provision of monetary and non-monetary awards
for Federal civilian employees and members of the uniformed services,
the necessary expenses for the honorary recognition of any award
recipients, and activities to encourage participation in the
competition, including promotional items: Provided, That 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. 311. The Administrator of the Federal Emergency Management
Agency shall reconsider any re-submission of a request for assistance
under section 408 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174) related to the removal of
debris from an owner-occupied private residence or property for a major
disaster declared by the President in accordance with such Act on or
after May 1, 2018, and before September 30, 2020, as if such submission
were made within the time limit in section 206.40(d) of title 44, Code
of Federal Regulations.
Sec. 312. (a) For major disasters declared in 2018 pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), a territory or possession of the United States shall be
deemed to be a local government for purposes of section 417 of such Act
(42 U.S.C. 5184) and section 206.361(a) of title 44, Code of Federal
Regulations.
(b) Notwithstanding section 206.361(a) of title 44, Code of Federal
Regulations, the President may provide a loan until the last day of the
fiscal year that is 3 fiscal years after the fiscal year in which the
natural disaster described in such subsection occurs.
(c) Notwithstanding section 417(b) of such Act and section
206.361(b) of title 44, Code of Federal Regulations, the amount of any
loan issued to a territory or possession may--
(1) exceed $5,000,000; and
(2) may be based on the projected loss of tax and other
revenues and on projected cash outlays not previously budgeted
for a period not to exceed one year beginning on the date that
the major disaster occurred.
Sec. 313. Repayments of the remaining balances of all loans, as of
September 30, 2020, by the Federal Emergency Management Agency under
section 417 the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5184) are hereby canceled.
Sec. 314. (a) Subtitle A of title XXII of the Homeland Security Act
of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the
following new section:
``SEC. 2215. CYBERSECURITY ADVISORY COMMITTEE.
``(a) Establishment.--The Secretary shall establish within the
Agency a Cybersecurity Advisory Committee (referred to in this section
as the `Advisory Committee').
``(b) Duties.--
``(1) In general.--The Advisory Committee may advise,
consult with, report to, and make recommendations to the
Director, as appropriate, on the development, refinement, and
implementation of policies, programs, planning, and training
pertaining to the cybersecurity mission of the Agency.
``(2) Recommendations.--
``(A) In general.--The Advisory Committee shall
develop, at the request of the Director,
recommendations for improvements to advance the
cybersecurity mission of the Agency and strengthen the
cybersecurity of the United States.
``(B) Recommendations of subcommittees.--
Recommendations agreed upon by subcommittees
established under subsection (d) for any year shall be
approved by the Advisory Committee before the Advisory
Committee submits to the Director the annual report
under paragraph (4) for that year.
``(3) Periodic reports.--The Advisory Committee shall
periodically submit to the Director--
``(A) reports on matters identified by the
Director; and
``(B) reports on other matters identified by a
majority of the members of the Advisory Committee.
``(4) Annual report.--
``(A) In general.--The Advisory Committee shall
submit to the Director an annual report providing
information on the activities, findings, and
recommendations of the Advisory Committee, including
its subcommittees, for the preceding year.
``(B) Publication.--Not later than 180 days after
the date on which the Director receives an annual
report for a year under subparagraph (A), the Director
shall publish a public version of the report describing
the activities of the Advisory Committee and such
related matters as would be informative to the public
during that year, consistent with section 552(b) of
title 5, United States Code.
``(5) Feedback.--Not later than 90 days after receiving any
recommendation submitted by the Advisory Committee under
paragraph (2), (3), or (4), the Director shall respond in
writing to the Advisory Committee with feedback on the
recommendation. Such a response shall include--
``(A) with respect to any recommendation with which
the Director concurs, an action plan to implement the
recommendation; and
``(B) with respect to any recommendation with which
the Director does not concur, a justification for why
the Director does not plan to implement the
recommendation.
``(6) Congressional notification.--Not later than 45 days
after the date of the President's budget submission to
Congress, the Director shall provide to the Committee on
Homeland Security and Governmental Affairs and the Committee on
Appropriations of the Senate and the Committee on Homeland
Security and the Committee on Appropriations of the House of
Representatives a briefing on feedback from the Advisory
Committee.
``(c) Membership.--
``(1) Appointment.--
``(A) In general.--Not later than 180 days after
the date of the enactment of this section, the Director
shall appoint the members of the Advisory Committee.
``(B) Composition.--The membership of the Advisory
Committee shall consist of not more than 35
individuals.
``(C) Representation.--
``(i) In general.--The membership of the
Advisory Committee shall be geographically
balanced and shall include representatives of
State and local governments and of a broad
range of industries, which may include the
following:
``(I) Defense.
``(II) Education.
``(III) Financial services and
insurance.
``(IV) Healthcare.
``(V) Manufacturing.
``(VI) Media and entertainment.
``(VII) Chemicals.
``(VIII) Retail.
``(IX) Transportation.
``(X) Energy.
``(XI) Information Technology.
``(XII) Communications.
``(XIII) Public works.
``(XIV) Cybersecurity research
community.
``(XV) Privacy policy
organizations.
``(XVI) Other relevant field
identified by the Director.
``(ii) Prohibition.--Not more than three
members may represent any one category under
clause (i).
``(2) Term of office.--
``(A) Terms.--The term of each member of the
Advisory Committee shall be two years, except that a
member may continue to serve until a successor is
appointed.
``(B) Removal.--The Director may review the
participation of a member of the Advisory Committee and
remove such member any time at the discretion of the
Director.
``(C) Reappointment.--A member of the Advisory
Committee may be reappointed for an unlimited number of
terms.
``(3) Prohibition on compensation.--The members of the
Advisory Committee may not receive pay or benefits from the
United States Government by reason of their service on the
Advisory Committee.
``(4) Meetings.--
``(A) In general.--The Director shall require the
Advisory Committee to meet not less frequently than
semiannually, and may convene additional meetings as
necessary.
``(B) Public meetings.--At least one of the
meetings referred to in subparagraph (A) shall be open
to the public.
``(C) Attendance.--The Advisory Committee shall
maintain a record of the persons present at each
meeting.
``(5) Member access to classified and deliberative budget
information.--
``(A) In general.--Not later than 60 days after the
date on which a member is first appointed to the
Advisory Committee and before the member is granted
access to any classified and deliberative budget
information, the Director shall determine if the member
should be restricted from reviewing, discussing, or
possessing such information.
``(B) Access.--Access to classified materials shall
be managed in accordance with Executive Order No. 13526
of December 29, 2009 (75 Fed. Reg 707), or any
subsequent corresponding Executive Order.
``(C) Protections.--A member of the Advisory
Committee shall protect all classified information in
accordance with the applicable requirements for the
particular level of classification of such information.
``(D) Budget information.--A member of the Advisory
Committee shall be permitted access, as appropriate, to
five-year deliberative budget data, analysis, and any
other underlying materials information that is
considered during the annual budget development process
and shall protect such information in the same manner
and with the same regard as agency personnel.
``(6) Chairperson.--The Advisory Committee shall select,
from among the members of the Advisory Committee--
``(A) a member to serve as chairperson of the
Advisory Committee; and
``(B) a member to serve as chairperson of each
subcommittee of the Advisory Committee established
under subsection (d).
``(d) Subcommittees.--
``(1) In general.--The Director shall establish
subcommittees within the Advisory Committee to address
cybersecurity issues, which may include the following:
``(A) Information exchange.
``(B) Critical infrastructure.
``(C) Risk management.
``(D) Public and private partnerships.
``(E) State, local, tribal, and territorial
governments.
``(F) Citizen engagement.
``(2) Meetings and reporting.--Each subcommittee shall meet
not less frequently than semiannually, and submit to the
Advisory Committee for inclusion in the annual report required
under subsection (b)(4) information, including activities,
findings, and recommendations, regarding subject matter
considered by the subcommittee.
``(3) Subject matter experts.--The chair of the Advisory
Committee shall appoint members to subcommittees and shall
ensure that each member appointed to a subcommittee has subject
matter expertise relevant to the subject matter of the
subcommittee.
``(e) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Committee and its
subcommittees''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2214 the following new item:
``2215. Cybersecurity Advisory Committee.''
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support of the E-Verify Program, $163,949,000.
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, $317,945,000, of which $54,283,000 shall remain available
until September 30, 2022: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training
Centers for procurement, construction, and improvements, $26,000,000,
to remain available until September 30, 2023, for acquisition of
necessary additional real property and facilities, construction and
ongoing maintenance, facility improvements and related expenses of the
Federal Law Enforcement Training Center.
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, $303,162,000, of which $180,204,000 shall remain
available until September 30, 2022: Provided, That not to exceed
$10,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology Directorate
for procurement, construction, and improvements, $18,927,000 to remain
available until September 30, 2025.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $433,222,000, to remain available until
September 30, 2023.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $179,977,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and improvements,
$87,413,000, to remain available until September 30, 2023.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $58,209,000, to remain
available until September 30, 2023.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $69,663,000, to remain
available until September 30, 2023.
Administrative Provisions
Sec. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease: Provided, That
the Director of U.S. Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles to
travel between the employees' residences and places of employment.
Sec. 402. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service
Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 403. (a) Notwithstanding section 286(n) of the Immigration and
Nationality Act (8 U.S.C. 1356(n)), not more than $1,855,000 shall be
available for the Office of the Director of U.S. Citizenship and
Immigration Services during fiscal year 2021.
(b) Of the amount made available under subsection (a), $50,000
shall be withheld from obligation and expenditure until each of the
reports and briefings required under the heading, ``U.S. Citizenship
and Immigration Services'' in the explanatory statement accompanying
Public Law 116-93 and the report accompanying this Act have been
provided.
Sec. 404. Section 403 of the Department of Homeland Security
Appropriations Act, 2020 (division D of Public Law 116-93) shall
continue in effect during fiscal year 2021, except that such section
shall be applied by substituting ``15 days after the date of enactment
of this Act'' for ``30 days after the date of enactment of this Act''.
Sec. 405. None of the funds deposited into the Immigration
Examinations Fee Account pursuant to section 286(m) of the Immigration
and Nationality Act (8 U.S.C. 1356(m)) may be made available for
activities for which specific amounts are made available by this Act
unless such deposited funds were obligated for such activities in
fiscal year 2020.
Sec. 406. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 407. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors.
Sec. 408. The Director of the Federal Law Enforcement Training
Centers may accept transfers to the account established by section
407(a) of division F of the Consolidated Appropriations Act, 2018
(Public Law 115-141) from Government agencies requesting the
construction of special use facilities, as authorized by the Economy
Act (31 U.S.C. 1535(b)): Provided, That the Federal Law Enforcement
Training Centers maintain administrative control and ownership upon
completion of such facilities.
Sec. 409. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for purposes of the Federal Activities Inventory Reform Act of 1998 (31
U.S.C. 501 note).
Sec. 410. (a) Section 540 of title V of division D of the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Public Law 110- 329; 122 Stat. 3688) is
repealed.
(b) Section 538 of title V of division D of the Consolidated
Appropriations Act, 2012 (Public Law 112-74; 125 Stat. 976) is
repealed.
Sec. 411. None of the funds made available to the Secretary of
Homeland Security or to the head of any other Federal department or
agency may be used to place in detention, remove, refer for removal,
initiate removal proceedings against, or deny work authorization to any
individual who--
(1) meets the qualifying criteria to participate in the
Deferred Action for Childhood Arrivals initiative, as
delineated in the June 15, 2012, memorandum entitled
``Exercising Prosecutorial Discretion with respect to
Individuals Who Came to the United States as Children'',
including the criteria barring conviction for criminal offenses
in such memorandum; or
(2) is a national of a foreign state that was designated
under section 244(b) of the Immigration and Nationality Act on
January 1, 2017 (or in the case of an alien having no
nationality, a person who last habitually resided in such
state) if such individual has continuously resided in the
United States since the effective date of the most recent
designation of that state under section 244(b)(1) and otherwise
meets the requirements of section 244(c) other than
subparagraph (1)(A)(iv) and is not barred on criminal grounds
under such section.
Sec. 412. In fiscal year 2021, nonimmigrants shall be admitted to
the United States under section 101(a)(15)(H)(ii)(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform
agricultural labor or services, without regard to whether such labor
is, or services are, of a temporary or seasonal nature.
Sec. 413. (a) For fiscal years 2021 and 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), the worldwide
level of employment-based immigrants under subsection (d) of such
section, and the worldwide level of diversity immigrants under
subsection (e) of such section shall each be increased by the number
computed under subsection (b) of this section with respect to each of
such worldwide levels.
(b) For each of the worldwide levels described in subsection (a) of
this section, the number computed under this subsection is the
difference (if any) between the worldwide level established for the
previous fiscal year under the applicable subsection of section 201 of
the Immigration and Nationality Act (8 U.S.C. 1151) and the number of
visas that were, during the previous fiscal year, issued and used as
the basis for an application for admission into the United States as an
immigrant described in the applicable subsection.
(c) The additional visas made available for fiscal years 2021 and
2022 as a result of the computations made under subsections (a) and (b)
of this section shall be proportionally allocated as set forth in
subsections (a), (b), and (c) of section 203 of the Immigration and
Nationality Act (8 U.S.C. 1153).
(d) For fiscal years 2021 and 2022, the number computed under
subsection (c)(3)(C) of section 201 of the Immigration and Nationality
Act (8 U.S.C. 1151), and the number computed under subsection (d)(2)(C)
of such section, are deemed to equal zero.
Sec. 414. Notwithstanding the numerical limitation set forth in
section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of American businesses cannot be satisfied in fiscal year 2021 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, may increase the total number of
aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above
such limitation by not more than the highest number of H-2B
nonimmigrants who participated in the H-2B returning worker program in
any fiscal year in which returning workers were exempt from such
numerical limitation.
TITLE V
GENERAL PROVISIONS
(including rescission of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. The unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this Act, may be merged
with funds in the applicable established accounts, and thereafter may
be accounted for as one fund for the same time period as originally
enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure or provided from any accounts derived by the collection of
fees available to the components of such Department, shall be available
for obligation or expenditure through a reprogramming of appropriated
funds or a change in the planned obligation of funds derived from such
fees that--
(1) creates or eliminates a program, project, or activity;
(2) 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 proposal for the
current fiscal year 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) For purposes of this section, a ``program, project, or
activity'' is defined as--
(1) each item listed under each appropriation or fee funded
account identified in the detailed funding table at the end of
the explanatory statement accompanying this Act; and
(2) each item 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 subsection (1).
(c) For purposes of this section, ``reprogramming of funds'' is
defined as a reduction to or augmentation of an amount associated with
an item described in subsection (b).
(d) For purposes of this section, a change in the planned
obligation of funding derived from fee collections is defined as a
reduction or augmentation of an amount associated with an item
described in subsection (b) under each ``Fee Funded Programs''
subheading.
Sec. 504. Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31), related to
the operations of a working capital fund, shall apply with respect to
funds made available in this Act in the same manner as such section
applied to funds made available in that Act: Provided, That funds from
such working capital fund may be obligated and expended in anticipation
of reimbursements from components of the Department of Homeland
Security.
Sec. 505. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2021 until the enactment of an Act authorizing
intelligence activities for fiscal year 2021.
Sec. 506. (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, grant, 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 $1,000,000;
(2) 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;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or award
items under paragraph (1), (2), or (3), including a contract
covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 507. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Centers' facilities.
Sec. 508. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 509. Sections 520, 522, and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161;
121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
Sec. 510. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act:
Provided, That for purposes of the preceding sentence, the term ``Buy
American Act'' means chapter 83 of title 41, United States Code.
Sec. 511. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 512. None of the funds provided or otherwise made available
in this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the
Congress.
Sec. 513. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 514. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 515. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 516. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 517. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code, or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 518. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 519. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 520. None of the funds made available in this Act may be used
to pay for the travel to or attendance of more than 50 employees of a
single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations: Provided further,
That the total cost to the Department of Homeland Security of any such
conference shall not exceed $500,000.
Sec. 521. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 522. None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for any
structural pay reform that affects more than 100 full-time positions or
costs more than $5,000,000 in a single year before the end of the 30-
day period beginning on the date on which the Secretary of Homeland
Security submits to Congress a notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 523. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website
of that agency any report required to be submitted by the Committees on
Appropriations of the Senate and the House of Representatives in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the Senate and the House of Representatives for not
less than 45 days except as otherwise specified in law.
Sec. 524. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
Sec. 525. The authority provided by section 532 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115-141)
regarding primary and secondary schooling of dependents shall continue
in effect during fiscal year 2021.
Sec. 526. (a) For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $41,000,000, to remain
available until September 30, 2022, exclusively for providing
reimbursement of extraordinary law enforcement or other emergency
personnel costs for protection activities directly and demonstrably
associated with any residence of the President that is designated or
identified to be secured by the United States Secret Service.
(b) Subsections (b) through (f) of section 534 of the Department of
Homeland Security Appropriations Act, 2018 (Public Law 115-141), shall
be applied with respect to amounts made available by subsection (a) of
this section by substituting ``October 1, 2021'' for ``October 1,
2018'' and ``October 1, 2020'' for ``October 1, 2017''.
Sec. 527. (a) Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) shall be applied--
(1) In subsection (a), by substituting ``September 30,
2021,'' for ``September 30, 2017,''; and
(2) In subsection (c)(1), by substituting ``September 30,
2021,'' for ``September 30, 2017''.
(b) The Secretary of Homeland Security, under the authority of
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may
carry out prototype projects under section 2371b of title 10, United
States Code, and the Secretary shall perform the functions of the
Secretary of Defense as prescribed.
(c) The Secretary of Homeland Security under section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition
of nontraditional government contractor as defined in section 2371b(e)
of title 10, United States Code.
Sec. 528. (a) None of the funds appropriated or otherwise made
available to the Department of Homeland Security by this Act may be
used to prevent any of the following persons from entering, for the
purpose of conducting oversight, any facility operated by or for the
Department of Homeland Security used to detain or otherwise house
aliens, or to make any temporary modification at any such facility that
in any way alters what is observed by a visiting member of Congress or
such designated employee, compared to what would be observed in the
absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of Representatives or
the United States Senate designated by such a Member for the purposes
of this section.
(b) Nothing in this section may be construed to require a Member of
Congress to provide prior notice of the intent to enter a facility
described in subsection (a) for the purpose of conducting oversight.
(c) With respect to individuals described in subsection (a)(2), the
Department of Homeland Security may require that a request be made at
least 24 hours in advance of an intent to enter a facility described in
subsection (a).
Sec. 529. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used to place restraints on a
woman in the custody of the Department of Homeland Security (including
during transport, in a detention facility, or at an outside medical
facility) who is pregnant or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant woman
if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot
be prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other
means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b),
only the safest and least restrictive restraints, as determined by the
appropriate medical professional treating the woman, may be used. In no
case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a
restraint belt that constricts the area of the pregnancy. A pregnant
woman who is immobilized by restraints shall be positioned, to the
maximum extent feasible, on her left side.
Sec. 530. (a) None of the funds made available by this Act may be
used to destroy, or to implement a policy or practice that permits the
destruction of, 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 to an individual who has been charged with a crime, been
placed into segregation, or otherwise punished as a result of an
allegation described in paragraph (3), upon the request of such
individual.
Sec. 531. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated as a
Principal Federal Official, shall apply with respect to any Federal
funds in the same manner as such section applied to funds made
available in that Act.
Sec. 532. (a) Not later than 10 days after the date on which the
budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105(a) of title 31, United States Code, the
Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a report
on the unfunded priorities, for the Department of Homeland Security and
separately for each departmental component, for which discretionary
funding would be classified as budget function 050.
(b) Each report under this section shall specify, for each such
unfunded priority--
(1) a summary description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(2) the description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time
positions to be funded as part of such priority.
(c) In this section, the term ``unfunded priority'', in the case of
a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in subsection
(a);
(2) is necessary to fulfill a requirement associated with
an operational or contingency plan for the Department; and
(3) would have been recommended for funding through the
budget referred to in subsection (a) if--
(A) additional resources had been available for the
budget to fund the requirement;
(B) the requirement has emerged since the budget
was formulated; or
(C) the requirement is necessary to sustain prior-
year investments.
Sec. 533. No Federal funds may be made available to implement or
carry out any of the following:
(1) The proposed rule entitled ``Procedures for Asylum and
Withholding of Removal; Credible Fear and Reasonable Fear
Review'', dated June 15, 2020, or any final version of such
rule.
(2) The Migrant Protection Protocols announced by the
Secretary of Homeland Security on December 20, 2018, and any
subsequent revisions to those protocols.
(3) DHS Policy Memorandum 602-0169, dated January 28, 2019,
or any other agency policy memorandum implementing the
protocols described in such policy memorandum.
(4) Presidential Proclamation 9983, issued on January 31,
2020 (85 Fed. Reg. 6699).
(5) The interim final rule entitled ``Implementing
Bilateral and Multilateral Asylum Cooperative Agreements Under
the Immigration and Nationality Act'', dated November 19, 2019,
including--
(A) the agreement between the Government of the
United States and the Government of the Republic of
Guatemala on Cooperation Regarding the Examination of
Protection Claims, dated November 20, 2019 (84 Fed.
Reg. 64095); and
(B) any other agreements establishing ``Asylum
Cooperative Agreements'', new ``safe third country''
designations, or otherwise relating to returning
individuals to a third country for purposes of
establishing an asylum claim.
(6) Executive Order 13768, issued on January 25, 2017
(relating to enhancing public safety in the interior of the
United States; 82 Fed. Reg. 8799).
(7) Any policy requiring an applicant for citizenship to
attend an interview at a location other than the U.S.
Citizenship and Immigration Services office at which the
applicant submitted the application.
(8) Any official duty of an asylum officer by an individual
who is not directly employed by U.S. Citizenship and
Immigration Services.
Sec. 534. Not later than 30 days after the date of enactment of
this Act, $20,000,000 from the unobligated balances from the amount
described in section 212(b) of division D of Public Law 116-93, shall
be transferred to ``Countering Weapons of Mass Destruction Office--
Procurement, Construction, and Improvements'' for electronic health
records, and shall remain available until September 30, 2022, in
addition to any amounts otherwise available for such purposes:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, and shall be
available only if the President subsequently so designates such amount
and transmits such designation to the Congress.
(rescissions)
Sec. 535. Of the funds appropriated to the Department of Homeland
Security, $1,375,000,000 of the amounts made available under the
heading ``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' by Public Law 116-93 is hereby
rescinded: Provided, That no amounts may be rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177).
Sec. 536. From the unobligated balances available in the ``U.S.
Customs and Border Protection--Border Security, Fencing,
Infrastructure, and Technology'' account (70 X 0533), $5,000,000 is
hereby rescinded.
Sec. 537. Of the unobligated balances available under the heading
``U.S. Customs and Border Protection--Procurement, Construction, and
Improvements'', $50,000,000 is hereby rescinded.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2021''.
Union Calendar No. 368
116th CONGRESS
2d Session
H. R. 7669
[Report No. 116-458]
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2021, and for other purposes.
_______________________________________________________________________
July 20, 2020
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Introduced in House
The House Committee on Appropriations reported an original measure, H. Rept. 116-458, by Ms. Roybal-Allard.
The House Committee on Appropriations reported an original measure, H. Rept. 116-458, by Ms. Roybal-Allard.
Placed on the Union Calendar, Calendar No. 368.
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