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[FULL COMMITTEE PRINT]

Union Calendar No. ll
116TH CONGRESS
2D SESSION

H. R. ll
[Report No. 116–ll]

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
ll --, 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.

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1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3 That the following sums are appropriated, out of any
4 money in the Treasury not otherwise appropriated, for the
5 Department of Homeland Security for the fiscal year end6 ing September 30, 2021, and for other purposes, namely:
7

TITLE I

8

DEPARTMENTAL MANAGEMENT, OPERATIONS,

9

INTELLIGENCE, AND OVERSIGHT

10

OFFICE

OF THE

SECRETARY

AND

EXECUTIVE

11

MANAGEMENT

12

OPERATIONS AND SUPPORT

13

For necessary expenses of the Office of the Secretary

14 and for executive management for operations and support,
15 $158,868,000; of which $20,000,000 shall be for the Of16 fice of the Ombudsman for Immigration Detention, of
17 which $5,000,000 shall remain available until September
18 30, 2022; and of which $10,000,000 shall be withheld
19 from obligation until the date on which the Secretary pub20 lishes the first semi-monthly data required in section
21 106(d) of this Act and submits the first annual report re22 quired in section 106(e) of division D of Public Law 11623 93: Provided, That not to exceed $30,000 shall be for offi24 cial reception and representation expenses.

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3
1

MANAGEMENT DIRECTORATE

2

OPERATIONS AND SUPPORT

3

For necessary expenses of the Management Direc-

4 torate for operations and support, $1,401,757,000: Pro5 vided, That not to exceed $2,000 shall be for official recep6 tion and representation expenses.
7

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

8

For necessary expenses of the Management Direc-

9 torate for procurement, construction, and improvements,
10 $359,450,000, of which $159,611,000 shall remain avail11 able

until

September

30,

2023;

and

of

which

12 $199,839,000 shall remain available until September 30,
13 2025.
14

FEDERAL PROTECTIVE SERVICE

15

The revenues and collections of security fees credited

16 to this account shall be available until expended for nec17 essary expenses related to the protection of federally
18 owned and leased buildings and for the operations of the
19 Federal Protective Service.
20

INTELLIGENCE, ANALYSIS,

AND

OPERATIONS

21

COORDINATION

22

OPERATIONS AND SUPPORT

23

For necessary expenses of the Office of Intelligence

24 and Analysis and the Office of Operations Coordination
25 for operations and support, $311,263,000, of which

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4
1 $82,620,000 shall remain available until September 30,
2 2022: Provided, That not to exceed $3,825 shall be for
3 official reception and representation expenses and not to
4 exceed $2,000,000 is available for facility needs associated
5 with secure space at fusion centers, including improve6 ments to buildings.
7

OFFICE

8

OF THE INSPECTOR

GENERAL

OPERATIONS AND SUPPORT

9

For necessary expenses of the Office of Inspector

10 General for operations and support, $190,186,000: Pro11 vided, That not to exceed $300,000 may be used for cer12 tain confidential operational expenses, including the pay13 ment of informants, to be expended at the direction of the
14 Inspector General.
15

ADMINISTRATIVE PROVISIONS

16

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

17 shall submit a report not later than October 15, 2021,
18 to the Inspector General of the Department of Homeland
19 Security listing all grants and contracts awarded by any
20 means other than full and open competition during fiscal
21 years 2020 or 2021.
22

(b) The Inspector General shall review the report re-

23 quired by subsection (a) to assess departmental compli24 ance with applicable laws and regulations and report the
25 results of that review to the Committees on Appropriations

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5
1 of the Senate and the House of Representatives not later
2 than February 15, 2022.
3

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

4 of each month, the Chief Financial Officer of the Depart5 ment of Homeland Security shall submit to the Commit6 tees on Appropriations of the Senate and the House of
7 Representatives a monthly budget and staffing report that
8 includes total obligations of the Department for that
9 month and for the fiscal year at the appropriation and
10 program, project, and activity levels, by the source year
11 of the appropriation.
12

SEC. 103. The Secretary of Homeland Security shall

13 require that all contracts of the Department of Homeland
14 Security that provide award fees link such fees to success15 ful acquisition outcomes, which shall be specified in terms
16 of cost, schedule, and performance.
17

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

18 in consultation with the Secretary of the Treasury, shall
19 notify the Committees on Appropriations of the Senate
20 and the House of Representatives of any proposed trans21 fers of funds available under section 9705(g)(4)(B) of title
22 31, United States Code, from the Department of the
23 Treasury Forfeiture Fund to any agency within the De24 partment of Homeland Security.

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1

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

2 may be obligated until the Committees on Appropriations
3 of the Senate and the House of Representatives are noti4 fied of the proposed transfer.
5

(c) The funds available under such section may not

6 be obligated for the construction of border security infra7 structure.
8

SEC. 105. All official costs associated with the use

9 of Government aircraft by Department of Homeland Secu10 rity personnel to support official travel of the Secretary
11 and the Deputy Secretary shall be paid from amounts
12 made available for the Office of the Secretary.
13

SEC. 106. (a) The Secretary of Homeland Security

14 shall establish metrics and collect data for assessing each
15 modality through which aliens are removed, expelled, ex16 tradited, or otherwise involuntarily returned to Mexico or
17 to a third country with respect to making an asylum claim
18 for all such modalities that were implemented by the De19 partment of Homeland Security after January 1, 2019.
20 Such data shall include:
21

(1) For aliens removed, expelled, extradited, or

22

otherwise involuntarily returned—

23

(A) the country to which the alien is re-

24

moved, expelled, extradited or returned;

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1

(B) whether the alien was a member of a

2

family unit;

3

(C) the nationality of the alien;

4

(D) the gender of the alien;

5

(E) the age of the alien;

6

(F) the port of entry, Border Patrol Sec-

7

tor, or city and State, as appropriate, in which

8

the alien was apprehended or processed;

9

(G) the departmental component and office

10

responsible for such apprehension or processing;

11

(H) whether the alien belongs to a vulner-

12

able group, as defined by the Secretary in col-

13

laboration with the Office of Civil Rights and

14

Civil Liberties, and the vulnerable group to the

15

which the alien belongs;

16

(I) whether the alien expresses fear,

17

disaggregated by the number who receive a

18

positive fear determination based on an inter-

19

view by an asylum officer;

20

(J) whether the alien is represented by

21

legal counsel;

22

(K) the location and facility type in which

23

the alien was detained; and

24

(2) For aliens returned to Mexico—

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1

(A) the number who appear at a port of

2

entry to attend immigration adjudication pro-

3

ceedings;

4

(B) the number scheduled to appear at a

5

port of entry for such proceedings who do not

6

so appear;

7

(C) the outcomes of such proceedings, in-

8

cluding data on the number of removals ordered

9

in absentia;

10

(D) the number who remain overnight in

11

the United States following such proceedings;

12

and

13

(E) the number who subsequently reenter

14

without inspection, disaggregated by adults and

15

children who reenter unaccompanied.

16

(b) For the purposes of this section, the term ‘‘fear’’

17 shall refer to credible or reasonable fear of:
18

(1)

persecution,

as

defined

in

section

19

235(b)(1)(B)(v) of the Immigration and Nationality

20

Act; or

21

(2) torture, as defined in section 208.31 of title

22

8, Code of Federal Regulations (as in effect on Jan-

23

uary 1, 2020).

24

(c) No Federal funds may be obligated or expended

25 to implement a return modality for purposes of an alien

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1 establishing an asylum claim in a third country until the
2 Secretary has certified to Congress that such third coun3 try has the capacity to assess asylum claims and safely
4 resettle such claimants.
5

(d) Beginning not later than 30 days after the date

6 of enactment of this Act, the Secretary shall publish on
7 a semi-monthly basis not less than the previous 12 months
8 of the data required to be collected by subsection (a) as
9 of the last date of each reporting period on a publicly
10 available website of the Department in a downloadable,
11 searchable, and sortable format.
12

SEC. 107. (a) The Secretary of Homeland Security

13 shall conduct a comprehensive study to determine the ex14 tent of human trafficking in the United States, consistent
15 with the conclusions of the consultation under subsection
16 (b).
17

(b) Prior to commencing the study, the Secretary

18 shall carry out the following activities in consultation with
19 such Federal departments and agencies and State and
20 local government entities as the Secretary determines ap21 propriate—
22

(1) determine the appropriate time period for

23

the study to consider;

24

(2) determine what information regarding the

25

incidence of human trafficking is currently reported

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1

to any Federal department or agency, and the avail-

2

ability of such information;

3

(3) take appropriate actions to obtain such in-

4

formation, consistent with privacy protection laws

5

and considerations and, where such information can-

6

not be obtained, promptly report to Congress such

7

unavailability;

8

(4) determine what additional information from

9

State and local government entities is necessary to

10

complete the study; and

11

(5) enter into agreements with such States or

12

local governments providing for the reporting of

13

such information.

14

(c) The Secretary shall provide a report to Congress

15 on the results of the study required by subsection (a),
16 which shall also include:
17

(1) the estimated number of human trafficking

18

victims disaggregated by—

19

(A) whether the victim was trafficked with-

20

in a State; and

21

(B) whether the victim was trafficked in

22

interstate commerce; and

23

(2) a description of industries and geographical

24

regions in which the practice of human trafficking is

25

most prevalent.

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1

SEC. 108. (a) The Secretary of Homeland Security

2 shall establish and implement pilot programs under which
3 Mexican nationals admitted as nonimmigrant visitors in
4 a State pursuant to the requirements described in sections
5 212.1(c)(1)(i) and 235.1(h)(v)(A) or (C) of title 8, Code
6 of Federal Regulations, shall, notwithstanding the geo7 graphic

limitations

described

in

such

section

8 235.1(h)(v)(A) or (C), be permitted to travel within the
9 boundaries of such State for a period not to exceed 30
10 days, as applicable.
11

(b) The pilot programs described in subsection (a)

12 shall begin not later than 90 days after the date of enact13 ment of this Act and terminate five years thereafter.
14

SEC. 109. (a) The Secretary shall provide a quarterly

15 travel report to the Committees on Appropriations of the
16 Senate and the House of Representatives detailing all
17 costs for the prior quarter for travel by the Secretary and
18 Deputy Secretary, disaggregated by funding source, indi19 rect costs, direct costs, official travel, and nonofficial trav20 el.
21

(b) The first report required under subsection (a)

22 shall be provided not later than 30 days after the end of
23 each fiscal quarter, beginning with the end of the first
24 quarter beginning after the date of enactment of this Act.

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SEC. 110. (a) No Federal funds may be obligated for

2 any pilot or demonstration program that uses more than
3 5 full time equivalents or costs in excess of $1,000,000
4 until 30 days after the Secretary of Homeland Secretary
5 provides the following to the Committees on Appropria6 tions of the Senate and the House of Representatives for
7 such program:
8

(1) Objectives that are well-defined and meas-

9

urable;

10

(2) An assessment methodology that details—

11

(A) the type and source of assessment

12

data;

13

(B) the methods for and frequency of col-

14

lecting such data; and

15

(C) how such data will be analyzed;

16

(3) An implementation plan, including mile-

17

stones, a cost estimate, and schedule, including an

18

end date; and

19

(4) A signed interagency agreement or memo-

20

randum of agreement for any pilot or demonstration

21

program involving the participation of more than

22

one Department of Homeland Security component or

23

that of an entity not part of such Department.

24

(b) Not later than 30 days after the date of comple-

25 tion of a pilot or demonstration program, the Secretary

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1 of Homeland Security shall provide a report to Commit2 tees on Appropriations of the Senate and the House of
3 Representatives detailing lessons learned, actual costs,
4 and any planned expansion or continuation of the pilot
5 or demonstration program.
6

(c) For the purposes of this section, a pilot or dem-

7 onstration program is a policy implementation, study,
8 demonstration, experimental program, or trial that is a
9 small-scale, short-term experiment conducted in order to
10 evaluate feasibility, duration, costs, or adverse events, and
11 improve upon the design of an effort prior to implementa12 tion of a larger scale effort.
13

TITLE II

14

SECURITY, ENFORCEMENT, AND

15

INVESTIGATIONS

16

U.S. CUSTOMS

17

AND

BORDER PROTECTION

OPERATIONS AND SUPPORT

18

For necessary expenses of U.S. Customs and Border

19 Protection for operations and support, including the trans20 portation of unaccompanied minor aliens; the provision of
21 air and marine support to Federal, State, local, and inter22 national agencies in the enforcement or administration of
23 laws enforced by the Department of Homeland Security;
24 at the discretion of the Secretary of Homeland Security,
25 the provision of such support to Federal, State, and local

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1 agencies in other law enforcement and emergency humani2 tarian efforts; the purchase and lease of up to 7,500
3 (6,500 for replacement only) police-type vehicles; the pur4 chase, maintenance, or operation of marine vessels, air5 craft, and unmanned aerial systems; and contracting with
6 individuals for personal services abroad; $13,240,238,000;
7 of which $3,274,000 shall be derived from the Harbor
8 Maintenance Trust Fund for administrative expenses re9 lated to the collection of the Harbor Maintenance Fee pur10 suant to section 9505(c)(3) of the Internal Revenue Code
11 of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding sec12 tion 1511(e)(1) of the Homeland Security Act of 2002 (6
13 U.S.C. 551(e)(1)); of which $500,000,000 shall be avail14 able until September 30, 2022; and of which such sums
15 as become available in the Customs User Fee Account, ex16 cept sums subject to section 13031(f)(3) of the Consoli17 dated Omnibus Budget Reconciliation Act of 1985 (19
18 U.S.C. 58c(f)(3)), shall be derived from that account; and
19 of which $172,000,000 is for additional Office of Field
20 Operations staffing: Provided, That not to exceed $34,425
21 shall be for official reception and representation expenses:
22 Provided further, That not to exceed $150,000 shall be
23 available for payment for rental space in connection with
24 preclearance operations: Provided further, That not to ex25 ceed $2,000,000 shall be for awards of compensation to

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1 informants, to be accounted for solely under the certificate
2 of the Secretary of Homeland Security: Provided further,
3 That not to exceed $5,000,000 may be transferred to the
4 Bureau of Indian Affairs for the maintenance and repair
5 of roads on Native American reservations used by the U.S.
6 Border Patrol: Provided further, That, not to exceed
7 $75,000,000 shall be transferred to the United States
8 Fish and Wildlife Service for mitigation activities, includ9 ing land acquisition, related to the construction of border
10 barriers on Federal lands: Provided further, That of the
11 funds made available under this heading for the Executive
12 Leadership and Oversight program, project, and activity,
13 $5,000,000 shall be withheld from obligation until the
14 Commissioner of U.S. Customs and Border Protection
15 submits the report required by section 209(b).
16

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

17

For necessary expenses of U.S. Customs and Border

18 Protection for procurement, construction, and improve19 ments, including procurement of marine vessels, aircraft,
20 and unmanned aerial systems, $877,547,000, of which
21 $750,148,000 shall remain available until September 30,
22 2023, and of which $127,399,000 shall remain available
23 until September 30, 2025.

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16
1

U.S. IMMIGRATION

2

AND

CUSTOMS ENFORCEMENT

OPERATIONS AND SUPPORT

3

For necessary expenses of U.S. Immigration and

4 Customs Enforcement for operations and support, includ5 ing the purchase and lease of up to 3,790 (2,350 for re6 placement only) police-type vehicles; overseas vetted units;
7 and maintenance, minor construction, and minor leasehold
8 improvements

at

owned

and

leased

facilities;

9 $7,313,449,000; of which not less than $6,000,000 shall
10 remain available until expended for efforts to enforce laws
11 against forced child labor; of which not less than
12 $1,500,000 is for paid apprenticeships for participants in
13 the Human Exploitation Rescue Operative Child-Rescue
14 Corps; of which not less than $15,000,000 shall be avail15 able for investigation of intellectual property rights viola16 tions, including operation of the National Intellectual
17 Property

Rights

Coordination

Center;

of

which

18 $3,305,292,000 shall be for enforcement and removal op19 erations, including transportation of unaccompanied
20 minor aliens; and of which $317,613,000 shall be for the
21 Office of the Principal Legal Advisor: Provided, That not
22 to exceed $11,475 shall be for official reception and rep23 resentation expenses: Provided further, That not to exceed
24 $10,000,000 shall be available until expended for con25 ducting special operations under section 3131 of the Cus-

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1 toms Enforcement Act of 1986 (19 U.S.C. 2081): Pro2 vided further, That not to exceed $2,000,000 shall be for
3 awards of compensation to informants, to be accounted
4 for solely under the certificate of the Secretary of Home5 land Security: Provided further, That not to exceed
6 $11,216,000 shall be available to fund or reimburse other
7 Federal agencies for the costs associated with the care,
8 maintenance, and repatriation of smuggled aliens unlaw9 fully present in the United States: Provided further, That
10 of the funds made available under this heading,
11 $10,000,000 shall be withheld from obligation until the
12 second obligation and expenditure plan directed by the
13 Committee report accompanying this Act has been sub14 mitted: Provided further, That of the funds made available
15 under this heading for the Office of the Principal Legal
16 Advisor, $10,000,000 shall be withheld from obligation
17 until the Secretary submits the certifications described in
18 section 218(b): Provided further, That of the funds made
19 available under this heading for enforcement and removal
20 operations, $615,898,000 shall be withheld from obliga21 tion while the ‘‘Order Under Sections 362 and 365 of the
22 Public Health Service Act (42 U.S.C. 265, 268); Order
23 Suspending Introduction of Certain Persons From Coun24 tries Where a Communicable Disease Exists’’ issued on
25 March 20, 2020, and published on March 26, 2020, in

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18
1 the Federal Register, remains in effect, including any ex2 tensions of such order: Provided further, That the amount
3 in the previous proviso shall become available on a pro
4 rata basis corresponding to the number of days remaining
5 in the fiscal year at the time such order (or any extension
6 of such order) is no longer in effect: Provided further, That
7 any amount withheld from obligation as of September 20,
8 2021 resulting from the previous two provisos, shall be
9 transferred as an additional amount to ‘‘Coast Guard—
10 Procurement, Construction, and Improvements’’, to be11 come available on September 20, 2021, and to remain
12 available until September 30, 2025, for shore facilities and
13 aids to navigation: Provided further, That the Com14 mandant of the Coast Guard shall provide a detailed plan
15 for the use of such funds not later than 30 days prior
16 to the obligation of such funds.
17

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

18

For necessary expenses of U.S. Immigration and

19 Customs Enforcement for procurement, construction, and
20 improvements, $97,799,000, of which $24,538,000 shall
21 remain available until September 30, 2023, and of which
22 $73,261,000 shall remain available until September 30,
23 2025.

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19
1

TRANSPORTATION SECURITY ADMINISTRATION

2

OPERATIONS AND SUPPORT

3

For necessary expenses of the Transportation Secu-

4 rity

Administration

for

operations

and

support,

5 $7,427,407,000, to remain available until September 30,
6 2022: Provided, That not to exceed $7,650 shall be for
7 official reception and representation expenses: Provided
8 further, That security service fees authorized under section
9 44940 of title 49, United States Code, shall be credited
10 to this appropriation as offsetting collections and shall be
11 available only for aviation security: Provided further, That
12 the sum appropriated under this heading from the general
13 fund shall be reduced on a dollar-for-dollar basis as such
14 offsetting collections are received during fiscal year 2021
15 so as to result in a final fiscal year appropriation from
16 the

general

fund

estimated

at

not

more

than

17 $4,987,407,000.
18

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

19

For necessary expenses of the Transportation Secu-

20 rity Administration for procurement, construction, and
21 improvements, $154,492,000, to remain available until
22 September 30, 2023.
23

RESEARCH AND DEVELOPMENT

24

For necessary expenses of the Transportation Secu-

25 rity Administration for research and development,

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20
1 $29,524,000, to remain available until September 30,
2 2022.
3

COAST GUARD

4

OPERATIONS AND SUPPORT

5

For necessary expenses of the Coast Guard for oper-

6 ations and support including the Coast Guard Reserve;
7 purchase or lease of not to exceed 25 passenger motor ve8 hicles, which shall be for replacement only; purchase or
9 lease of small boats for contingent and emergent require10 ments (at a unit cost of not more than $700,000) and
11 repairs and service-life replacements, not to exceed a total
12 of $31,000,000; purchase, lease, or improvements of boats
13 necessary for overseas deployments and activities; pay14 ments pursuant to section 156 of Public Law 97–377 (42
15 U.S.C. 402 note; 96 Stat. 1920); and recreation and wel16 fare; $8,560,267,000, of which $555,000,000 shall be for
17 defense-related activities, of which $215,000,000 is des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section
20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
21 Deficit Control Act of 1985 and shall be available only
22 if the President subsequently so designates such amount
23 and transmits such designation to Congress; of which
24 $24,500,000 shall be derived from the Oil Spill Liability
25 Trust Fund to carry out the purposes of section

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21
1 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2 2712(a)(5)); of which $5,000,000 shall remain available
3 until September 30, 2023; and of which $21,212,000 shall
4 remain available until September 30, 2025, for environ5 mental compliance and restoration; and of which
6 $70,000,000 shall remain available until September 30,
7 2022, for vessel depot level maintenance: Provided, That
8 not to exceed $23,000 shall be for official reception and
9 representation expenses.
10

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

11

For necessary expenses of the Coast Guard for pro-

12 curement, construction, and improvements, including aids
13 to navigation, shore facilities (including facilities at De14 partment of Defense installations used by the Coast
15 Guard), and vessels and aircraft, including equipment re16 lated thereto, $2,158,791,000, to remain available until
17 September 30, 2025; of which $20,000,000 shall be de18 rived from the Oil Spill Liability Trust Fund to carry out
19 the purposes of section 1012(a)(5) of the Oil Pollution Act
20 of 1990 (33 U.S.C. 2712(a)(5)).
21

RESEARCH AND DEVELOPMENT

22

For necessary expenses of the Coast Guard for re-

23 search and development; and for maintenance, rehabilita24 tion, lease, and operation of facilities and equipment;
25 $8,276,000, to remain available until September 30, 2023,

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22
1 of which $500,000 shall be derived from the Oil Spill Li2 ability Trust Fund to carry out the purposes of section
3 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
4 2712(a)(5)): Provided, That there may be credited to and
5 used for the purposes of this appropriation funds received
6 from State and local governments, other public authori7 ties, private sources, and foreign countries for expenses
8 incurred for research, development, testing, and evalua9 tion.
10

RETIRED PAY

11

For retired pay, including the payment of obligations

12 otherwise chargeable to lapsed appropriations for this pur13 pose, payments under the Retired Serviceman’s Family
14 Protection and Survivor Benefits Plans, payment for ca15 reer status bonuses, payment of continuation pay under
16 section 356 of title 37, United States Code, concurrent
17 receipts, combat-related special compensation, and pay18 ments for medical care of retired personnel and their de19 pendents under chapter 55 of title 10, United States Code,
20 $1,869,704,000, to remain available until expended.
21

UNITED STATES SECRET SERVICE

22

OPERATIONS AND SUPPORT

23

For necessary expenses of the United States Secret

24 Service for operations and support, including purchase of
25 not to exceed 652 vehicles for police-type use for replace-

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23
1 ment only; hire of passenger motor vehicles; purchase of
2 motorcycles made in the United States; hire of aircraft;
3 rental of buildings in the District of Columbia; fencing,
4 lighting, guard booths, and other facilities on private or
5 other property not in Government ownership or control,
6 as may be necessary to perform protective functions; con7 duct of and participation in firearms matches; presen8 tation of awards; conduct of behavioral research in sup9 port of protective intelligence and operations; payment in
10 advance for commercial accommodations as may be nec11 essary to perform protective functions; and payment, with12 out regard to section 5702 of title 5, United States Code,
13 of subsistence expenses of employees who are on protective
14 missions, whether at or away from their duty stations;
15 $2,368,553,000; of which $39,763,000 shall remain avail16 able until September 30, 2022, and of which $6,000,000
17 shall be for a grant for activities related to investigations
18 of missing and exploited children: Provided, That not to
19 exceed $19,125 shall be for official reception and represen20 tation expenses: Provided further, That not to exceed
21 $100,000 shall be to provide technical assistance and
22 equipment to foreign law enforcement organizations in
23 criminal investigations within the jurisdiction of the
24 United States Secret Service.

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24
1

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

2

For necessary expenses of the United States Secret

3 Service for procurement, construction, and improvements,
4 $52,306,000, to remain available until September 30,
5 2023.
6

RESEARCH AND DEVELOPMENT

7

For necessary expenses of the United States Secret

8 Service for research and development, $11,937,000, to re9 main available until September 30, 2022.
10

ADMINISTRATIVE PROVISIONS

11

SEC. 201. Section 201 of the Department of Home-

12 land Security Appropriations Act, 2018 (division F of
13 Public Law 115–141), related to overtime compensation
14 limitations, shall apply with respect to funds made avail15 able in this Act in the same manner as such section ap16 plied to funds made available in that Act, except that ‘‘fis17 cal year 2021’’ shall be substituted for ‘‘fiscal year 2018’’.
18

SEC. 202. Funding made available under the head-

19 ings ‘‘U.S. Customs and Border Protection—Operations
20 and Support’’ and ‘‘U.S. Customs and Border Protec21 tion—Procurement, Construction, and Improvements’’
22 shall be available for customs expenses when necessary to
23 maintain operations and prevent adverse personnel actions
24 in Puerto Rico and the U.S. Virgin Islands, in addition

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25
1 to funding provided by section 740 and 1406i of title 48,
2 United States Code.
3

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

4 United States-Colombia Trade Promotion Agreement Im5 plementation Act (Public Law 112–42), fees collected
6 from passengers arriving from Canada, Mexico, or an ad7 jacent island pursuant to section 13031(a)(5) of the Con8 solidated Omnibus Budget Reconciliation Act of 1985 (19
9 U.S.C. 58c(a)(5)) shall be available until expended.
10

SEC. 204. (a) For an additional amount for ‘‘U.S.

11 Customs and Border Protection—Operations and Sup12 port’’, $31,000,000, to remain available until expended,
13 to be reduced by amounts collected and credited to this
14 appropriation in fiscal year 2021 from amounts authorized
15 to be collected by section 286(i) of the Immigration and
16 Nationality Act (8 U.S.C. 1356(i)), section 10412 of the
17 Farm Security and Rural Investment Act of 2002 (7
18 U.S.C. 8311), and section 817 of the Trade Facilitation
19 and Trade Enforcement Act of 2015 (Public Law 114–
20 25), or other such authorizing language.
21

(b) To the extent that amounts realized from such

22 collections exceed $31,000,000, those amounts in excess
23 of $31,000,000 shall be credited to this appropriation, to
24 remain available until expended.

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26
1

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

2 Act for U.S. Customs and Border Protection may be used
3 to prevent an individual not in the business of importing
4 a prescription drug (within the meaning of section 801(g)
5 of the Federal Food, Drug, and Cosmetic Act) from im6 porting a prescription drug from Canada that complies
7 with the Federal Food, Drug, and Cosmetic Act: Provided,
8 That this section shall apply only to individuals trans9 porting on their person a personal-use quantity of the pre10 scription drug, not to exceed a 90-day supply: Provided
11 further, That the prescription drug may not be—
12

(1) a controlled substance, as defined in section

13

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

14

802); or

15

(2) a biological product, as defined in section

16

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

17

262).

18

SEC. 206. Notwithstanding any other provision of

19 law, none of the funds provided in this or any other Act
20 shall be used to approve a waiver of the navigation and
21 vessel-inspection laws pursuant to section 501(b) of title
22 46, United States Code, for the transportation of crude
23 oil distributed from and to the Strategic Petroleum Re24 serve until the Secretary of Homeland Security, after con25 sultation with the Secretaries of the Departments of En-

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27
1 ergy and Transportation and representatives from the
2 United States flag maritime industry, takes adequate
3 measures to ensure the use of United States flag vessels:
4 Provided, That the Secretary shall notify the Committees
5 on Appropriations of the Senate and the House of Rep6 resentatives, the Committee on Commerce, Science, and
7 Transportation of the Senate, and the Committee on
8 Transportation and Infrastructure of the House of Rep9 resentatives within 2 business days of any request for
10 waivers of navigation and vessel-inspection laws pursuant
11 to section 501(b) of title 46, United States Code, with re12 spect to such transportation, and the disposition of such
13 requests.
14

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

15 of this Act, the Secretary of Homeland Security shall
16 not—
17

(1) establish, collect, or otherwise impose any

18

new border crossing fee on individuals crossing the

19

Southern border or the Northern border at a land

20

port of entry; or

21

(2) conduct any study relating to the imposition

22

of a border crossing fee.

23

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

24 means a fee that every pedestrian, cyclist, and driver and
25 passenger of a private motor vehicle is required to pay

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28
1 for the privilege of crossing the Southern border or the
2 Northern border at a land port of entry.
3

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

4 enactment of this Act, the Secretary of Homeland Security
5 shall submit an expenditure plan for any amounts made
6 available for ‘‘U.S. Customs and Border Protection—Pro7 curement, Construction, and Improvements’’ in this Act
8 and prior Acts to the Committees on Appropriations of
9 the Senate and the House of Representatives: Provided,
10 That no such amounts may be obligated prior to the sub11 mission of such plan.
12

SEC. 209. (a) Of the total amount made available

13 under ‘‘U.S. Customs and Border Protection—Procure14 ment, Construction, and Improvements’’, $897,547,000
15 shall be available only as follows:
16

(1) $593,110,000 for the acquisition and de-

17

ployment of border security technologies and trade

18

and travel assets and infrastructure;

19

(2) $127,399,000 for facility construction and

20

improvements;

21

(3) $124,409,000 for integrated operations as-

22

sets and infrastructure; and

23

(4) $32,629,000 for mission support and infra-

24

structure.

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29
1

(b) Not later than 180 days after the date of enact-

2 ment of this Act, the Secretary of Homeland Security shall
3 submit to the Committee on Appropriations of the Senate,
4 the Committee on Appropriations of the House of Rep5 resentatives, and the Comptroller General of the United
6 States an updated risk-based plan for improving security
7 along the borders of the United States that includes the
8 elements required under subsection (a) of section 231 of
9 division F of the Consolidated Appropriations Act, 2018
10 (Public Law 115–141), which shall be evaluated in accord11 ance with subsection (b) of such section.
12

SEC. 210. Federal funds may not be made available

13 for the construction of fencing—
14

(1) within the Santa Ana Wildlife Refuge;

15

(2) within the Bentsen-Rio Grande Valley State

16

Park;

17

(3) within La Lomita Historical park;

18

(4) within the National Butterfly Center;

19

(5) within or east of the Vista del Mar Ranch

20

tract of the Lower Rio Grande Valley National Wild-

21

life Refuge;

22

(6) within historic cemeteries;

23

(7) within any site on the National Register of

24

Historic Places;

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30
1

(8) within the Lower Rio Grande Valley Na-

2

tional Wildlife Refuge; or

3

(9) within 1 mile of historic sites along the Los

4

Caminos del Rio Heritage Corridor.

5

SEC. 211. (a) Notwithstanding any other provision

6 of law, no Federal funds may be used for the construction
7 of physical barriers along the southern land border of the
8 United States during fiscal year 2021.
9

(b) Subsection (a) shall not apply to amounts made

10 available for such purpose by Public Law 116–6, Public
11 Law 115–141, Public Law 115–31, or Public Law 11612 93.
13

SEC. 212. (a) No Federal funds may be used for the

14 construction of physical barriers within the jurisdictional
15 limits of a city or the geographical limits or of a census
16 designated place described in subsection (d).
17

(b) Subsection (a) shall not apply if the Secretary of

18 Homeland Security has –—
19

(1) issued a notice for public comment on the

20

proposed construction of barriers for a comment pe-

21

riod of not fewer than 60 days;

22

(2) published in the Federal Register its re-

23

sponses to the comments received along with its

24

plans for construction in the areas identified in the

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31
1

notice to which it is responding not later than 90

2

days following the end of such comment period; and

3

(3) consulted with the local elected officials of

4

such city or place regarding the design and align-

5

ment of physical barriers within such city or place

6

(as the case may be), including barriers at or adja-

7

cent to ports of entry.

8

(c) The consultation required under subsection (b)(3)

9 shall continue until September 30, 2021, unless agreement
10 on design and alignment is reached earlier, but may be
11 extended beyond that date by agreement of the parties.
12

(d) The cities and census designated places described

13 in this subsection are as follows:
14

(1) The cities of:

15

(A) Laredo, Texas;

16

(B) Rio Bravo, Texas;

17

(C) El Cenizo, Texas;

18

(D) Zapata, Texas;

19

(E) Roma, Texas;

20

(F) Escobares, Texas;

21

(G) Rio Grand City, Texas;

22

(H) La Grulla, Texas; and

23

(2) The census designated places of:

24

(A) San Ygnacio, Texas;

25

(B) Ramireño, Texas;

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32
1

(C) Chapeno, Texas;

2

(D) Salineño, Texas;

3

(E) Fronton, Texas; and

4

(F) Garceño, Texas.

5

SEC. 213. None of the funds provided under the

6 heading ‘‘U.S. Immigration and Customs Enforcement—
7 Operations and Support’’ may be used to continue a dele8 gation of law enforcement authority authorized under sec9 tion 287(g) of the Immigration and Nationality Act (8
10 U.S.C. 1357(g)) if the Department of Homeland Security
11 Inspector General or the U.S. Government Accountability
12 Office determines that the terms of the agreement gov13 erning the delegation of authority have been materially
14 violated.
15

SEC. 214. (a) None of the funds provided under the

16 heading ‘‘U.S. Immigration and Customs Enforcement—
17 Operations and Support’’ may be used to continue any
18 contract for the provision of detention services if the two
19 most recent overall performance evaluations received by
20 the contracted facility are less than ‘‘adequate’’ or the
21 equivalent median score in any subsequent performance
22 evaluation system.
23

(b) Beginning not later than January 1, 2021, the

24 performance evaluations referenced in subsection (a) shall

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33
1 be conducted by the U.S. Immigration and Customs En2 forcement Office of Professional Responsibility.
3

SEC. 215. No Federal funds may be used to place

4 in detention, remove, refer for a decision whether to ini5 tiate removal proceedings, or initiate removal proceedings
6 against any individual—
7

(1) who provides or has provided information to

8

a federal employee or contractor related to facili-

9

tating the sponsorship of an unaccompanied alien

10

child (as defined in section 462(g) of the Homeland

11

Security Act of 2002 (6 U.S.C. 279(g))) or the re-

12

unification of such child with a family member; or

13

(2) based on information gathered in therapy

14

sessions conducted while in the custody of the Office

15

of Refugee Resettlement.

16

SEC. 216. Not later than 45 days after the date of

17 enactment of this Act, the Director of U.S. Immigration
18 and Customs Enforcement shall submit to the Committees
19 on Appropriations of the Senate and the House of Rep20 resentatives, and make available on a publicly accessible
21 website, a report describing agreements pursuant to sec22 tion 287(g) of the Immigration and Nationality Act (8
23 U.S.C. 1357(g)) which shall include —
24

(1) detailed information relating to the commu-

25

nity outreach activities of each participating jurisdic-

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34
1

tion pursuant to such agreement, including the

2

membership and activities of any community-based

3

steering committee established by such jurisdiction;

4

(2) the number of individuals placed into re-

5

moval proceedings pursuant to each such agreement;

6

(3) data on the performance of the officers or

7

employees of a State or political subdivision thereof

8

under each such agreement, including the nationality

9

and level of criminality of the individuals described

10

in paragraph (2); and

11

(4) information relating to any future plans to

12

increase the number of such agreements or expand

13

the scope of such agreements through the introduc-

14

tion of new operations pursuant to such section.

15

SEC. 217. Not later than 7 days after the date of

16 enactment of this Act and updated semimonthly there17 after, the Director of U.S. Immigration and Customs En18 forcement shall make available a report, on a publicly ac19 cessible website in a downloadable, searchable, and sort20 able format, with not less than the previous twelve months
21 of semimonthly data as of the last date of each such re22 porting period; on—
23

(1) aliens detained by such agency, including

24

data disaggregated by single adults and members of

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35
1

family units, as well as by whether the individual

2

self-identifies as transgender, on—

3

(A) the average fiscal year-to-date daily

4

populations of aliens detained;

5

(B) the daily count of aliens detained;

6

(C) the fiscal year-to-date total for book-

7

ins;

8

(D) the average lengths of stay, including

9

average post-determination length of stay in the

10

case of detainees described in subparagraph

11

(F);

12

(E) the number transferred to the custody

13

of U.S. Immigration and Customs Enforcement

14

by U.S. Customs and Border Protection after

15

being—

16

(i) deemed inadmissible at a port of

17

entry or after being apprehended within 14

18

days of entering the United States; or

19

(ii) arrested by U.S. Immigration and

20

Customs Enforcement;

21

(F) the number determined to have a cred-

22

ible or reasonable fear of—

23

(i) persecution, as defined in section

24

235(b)(1)(B)(v) of the Immigration and

25

Nationality Act; or

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36
1

(ii) torture, as defined in section

2

208.30 of title 8, Code of Federal Regula-

3

tions (as in effect on January 1, 2018);

4

(G) the number who have been issued a

5

Notice to Appear pursuant to section 239 of the

6

Immigration and Nationality Act, disaggregated

7

by single adults and members of family units;

8

(H) the average lengths of stay, including

9

average post-determination length of stay in the

10

case of detainees described in subparagraph

11

(F), for individuals who remain in detention as

12

of the last date of each such reporting period;

13

and

14

(I) the number who have been in detention,

15

disaggregated by the number of detainees de-

16

scribed in subparagraph (F), for each of the

17

following—

18

(i) over two years;

19

(ii) from over one year to two years;

20

(iii) from over six months to one year;

21

and

22

(iv) for less than six months;

23

(2) the total number of enrollees in the Alter-

24

natives to Detention program and the average length

25

of participation, disaggregated by—

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37
1

(A) single adults and family heads of

2

household;

3

(B) participants in the family case man-

4

agement program;

5

(C) level of supervision; and

6

(D) location of supervision, by field office;

7

(3) for each facility where aliens are detained

8

by U.S. Immigration and Customs Enforcement—

9

(A) the address;

10

(B) the field offices that assign detainees

11

to the facility;

12

(C) the detailed facility type, as defined in

13

the integrated decision support system;

14

(D) the gender of aliens detained;

15

(E) the average daily population of detain-

16

ees within each detainee classification level, as

17

defined in the integrated decision support sys-

18

tem;

19

(F) the average daily population of individ-

20

uals within each threat level, as defined in the

21

integrated decision support system;

22

(G) the average daily population within

23

each criminality category, as defined in the in-

24

tegrated decision support system, disaggregated

25

by gender;

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38
1

(H) the average length of stay;

2

(I) the average daily population of individ-

3

uals whose detention is classified as mandatory;

4

(J) the performance standards to which

5

the facility is held;

6

(K) the date of the two most recent inspec-

7

tions, the entity that performed each inspection,

8

and a detailed summary of the results of such

9

inspections; and

10

(L) the guaranteed minimum detention ca-

11

pacity, if applicable; and

12

(4) the total number of releases from custody,

13

by condition of release, and total number of remov-

14

als, disaggregated by adult facilities and family fa-

15

cilities.

16

SEC. 218. (a) Not later than 30 days after the date

17 of enactment of this Act, the Secretary of Homeland Secu18 rity shall—
19

(1) ensure that individuals who are placed in

20

proceedings under section 240 of the Immigration

21

and Nationality Act (8 U.S.C. 1229a) have—

22

(A) unimpaired access to legal counsel, in-

23

cluding prospective legal counsel;

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39
1

(B) opportunities for prospective pro-bono

2

legal counsel to be accessible to such individ-

3

uals; and

4

(C) meaningful opportunities to consult

5

with legal counsel prior to required appearances

6

for such proceedings; and

7

(2) implement a program to conduct a Know

8

Your Rights presentation for all individuals who

9

are—

10

(A) presenting for immigration hearings at

11

land ports of entry; and

12

(B) placed into expedited removal pro-

13

ceedings under section 235 of the Immigration

14

and Nationality Act (8 U.S.C. 1225(b)(1)) who

15

indicate an intention to apply for asylum or a

16

fear of persecution.

17

(b) Not later than 30 days after the date of enact-

18 ment of this Act, the Secretary and the Director of the
19 Office of Civil Rights and Civil Liberties shall each certify
20 to the Committees on Appropriations of the Senate and
21 the House of Representatives as to whether the require22 ments under subsection (a) have been satisfied.
23

SEC. 219. (a) Notwithstanding section 236(c) of the

24 Immigration and Nationality Act (8 U.S.C. 1226(c)), no
25 Federal funds may be used by the Department of Home-

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40
1 land Security to detain an individual for more than 20
2 days unless such individual is determined by the Director
3 of U.S. Immigration and Customs Enforcement, following
4 an individualized assessment, to pose a threat to public
5 safety or to be a flight risk.
6

(b) In the case of an individual who self-identifies as

7 transgender—
8

(1) the assessment described in subsection (a)

9

shall require the concurrence of the Immigration De-

10

tention Ombudsman; and

11

(2) the maximum period of detention described

12

in subsection (a) may not exceed 5 days.

13

(c) Notwithstanding subsections (a) and (b), no Fed-

14 eral funds may be obligated to detain an individual who
15 self-identifies as transgender in any facility that is not
16 contractually obligated to meet, at a minimum, the re17 quirements described in Attachment 1 of the June 19,
18 2015, U.S. Immigration and Customs Enforcement
19 memorandum entitled, ‘‘Further Guidance Regarding the
20 Care of Transgender Individuals’’ unless such individual
21 declines placement in such a facility after being informed
22 of the opportunity to do so.
23

(d) Not later than 30 days after the date of enact-

24 ment of this Act, the Director shall provide the Commit25 tees on Appropriations of the Senate and the House of

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41
1 Representatives the defined metrics used to make such as2 sessments.
3

SEC. 220. (a) None of the funds provided under the

4 heading ‘‘U.S. Immigration and Customs Enforcement—
5 Operations and Support’’ may be used to engage in civil
6 immigration enforcement activities, such as arrests, deten7 tions, removals, or the processing or issuance of charging
8 documents, using Homeland Security Investigations per9 sonnel or resources absent probable cause that the indi10 vidual facing such enforcement action has committed a
11 criminal offense not solely related to migration or immi12 gration status.
13

(b) For purposes of this section, criminal offenses

14 solely related to migration or immigration status include
15 any offense for which penalties may be imposed pursuant
16 to sections 243, 264, 266(a) or (b), 275, or 276 of the
17 Immigration and Nationality Act.
18

SEC. 221. No Federal funds may be used for the de-

19 tention or removal of any alien until there is a final denial
20 of the alien’s application for status after the exhaustion
21 of administrative and judicial review, if such individual—
22

(1) has a pending application under section

23

101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or

24

244(a)(3) (as in effect on March 31, 1997) of the

25

Immigration and Nationality Act; or

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42
1

(2) is a VAWA self-petitioner, as defined in sec-

2

tion 101(a)(51) of the Immigration and Nationality

3

Act, with a pending application for relief under a

4

provision referred to in one of subparagraphs (A)

5

through

6

101(a)(27)(J) of such Act.

7

SEC. 222. Members of the United States House of

(G)

of

such

section,

or

section

8 Representatives and the United States Senate, including
9 the leadership; the heads of Federal agencies and commis10 sions, including the Secretary, Deputy Secretary, Under
11 Secretaries, and Assistant Secretaries of the Department
12 of Homeland Security; the United States Attorney Gen13 eral, Deputy Attorney General, Assistant Attorneys Gen14 eral, and the United States Attorneys; and senior mem15 bers of the Executive Office of the President, including
16 the Director of the Office of Management and Budget,
17 shall not be exempt from Federal passenger and baggage
18 screening.
19

SEC. 223. Any award by the Transportation Security

20 Administration to deploy explosives detection systems
21 shall be based on risk, the airport’s current reliance on
22 other screening solutions, lobby congestion resulting in in23 creased security concerns, high injury rates, airport readi24 ness, and increased cost effectiveness.

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43
1

SEC. 224. Notwithstanding section 44923 of title 49,

2 United States Code, for fiscal year 2020, any funds in
3 the Aviation Security Capital Fund established by section
4 44923(h) of title 49, United States Code, may be used
5 for the procurement and installation of explosives detec6 tion systems or for the issuance of other transaction agree7 ments for the purpose of funding projects described in sec8 tion 44923(a) of such title.
9

SEC. 225. Not later than 30 days after the submis-

10 sion of the President’s budget proposal, the Administrator
11 of the Transportation Security Administration shall sub12 mit to the Committees on Appropriations and Commerce,
13 Science, and Transportation of the Senate and the Com14 mittees on Appropriations and Homeland Security in the
15 House of Representatives a single report that fulfills the
16 following requirements:
17

(1) a Capital Investment Plan (CIP) that in-

18

cludes a plan for continuous and sustained capital

19

investment in new, and the replacement of aged,

20

transportation security equipment;

21

(2) the 5-year technology investment plan as re-

22

quired by section 1611 of title XVI of the Homeland

23

Security Act of 2002, as amended by section 3 of

24

the Transportation Security Acquisition Reform Act

25

(Public Law 113–245); and

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44
1

(3) the Advanced Integrated Passenger Screen-

2

ing Technologies report as required by the Senate

3

Report accompanying the Department of Homeland

4

Security Appropriations Act, 2019 (Senate Report

5

115–283).

6

SEC. 226. Section 225 of division A of Public Law

7 116-6 (49 U.S.C. 44901 note; relating to a pilot program
8 for screening outside of an existing primary passenger ter9 minal screening area) is amended in subsection (e) by
10 striking ‘‘2021’’ and inserting ‘‘2023’’.
11

SEC. 227. None of the funds made available by this

12 Act under the heading ‘‘Coast Guard—Operations and
13 Support’’ shall be for expenses incurred for recreational
14 vessels under section 12114 of title 46, United States
15 Code, except to the extent fees are collected from owners
16 of yachts and credited to the appropriation made available
17 by this Act under the heading ‘‘Coast Guard—Operations
18 and Support’’: Provided, That to the extent such fees are
19 insufficient to pay expenses of recreational vessel docu20 mentation under such section 12114, and there is a back21 log of recreational vessel applications, personnel per22 forming non-recreational vessel documentation functions
23 under subchapter II of chapter 121 of title 46, United
24 States Code, may perform documentation under section
25 12114.

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45
1

SEC. 228. Without regard to section 503 of this Act,

2 up to $10,000,000 may be reprogrammed to or from the
3 Military Pay and Allowances funding category within
4 ‘‘Coast Guard—Operations and Support’’ if the Secretary
5 notifies the Committees on Appropriations of the Senate
6 and the House of Representatives not less than 15 days
7 in advance of such reprogramming.
8

SEC. 229. Notwithstanding any other provision of

9 law, the Commandant of the Coast Guard shall submit
10 to the Committees on Appropriations of the Senate and
11 the House of Representatives a future-years capital invest12 ment plan as described in the second proviso under the
13 heading ‘‘Coast Guard—Acquisition, Construction, and
14 Improvements’’ in the Department of Homeland Security
15 Appropriations Act, 2015 (Public Law 114–4), which shall
16 be subject to the requirements in the third and fourth pro17 visos under such heading.
18

SEC. 230. Funds made available for Overseas Contin-

19 gency Operations/Global War on Terrorism under the
20 heading ‘‘Coast Guard—Operations and Support’’ may be
21 allocated by program, project, and activity, notwith22 standing section 503 of this Act.
23

SEC. 231. Amounts deposited into the Coast Guard

24 Housing Fund in fiscal year 2021 shall be available until
25 expended to carry out the purposes of section 2946 of title

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46
1 14, United States Code, and shall be in addition to funds
2 otherwise available for such purposes.
3

SEC. 232. The United States Secret Service is au-

4 thorized to obligate funds in anticipation of reimburse5 ments from executive agencies, as defined in section 105
6 of title 5, United States Code, for personnel receiving
7 training sponsored by the James J. Rowley Training Cen8 ter, except that total obligations at the end of the fiscal
9 year shall not exceed total budgetary resources available
10 under the heading ‘‘United States Secret Service—Oper11 ations and Support’’ at the end of the fiscal year.
12

SEC. 233. None of the funds made available to the

13 United States Secret Service by this Act or by previous
14 appropriations Acts may be made available for the protec15 tion of the head of a Federal agency other than the Sec16 retary of Homeland Security: Provided, That the Director
17 of the United States Secret Service may enter into agree18 ments to provide such protection on a fully reimbursable
19 basis.
20

SEC. 234. Notwithstanding section 503 of this Act,

21 up to $15,000,000 may be reprogrammed within ‘‘United
22 States Secret Service—Operations and Support’’ if the
23 Secretary notifies the Committees on Appropriations of
24 the Senate and the House of Representatives not less than
25 15 days in advance of such reprogramming.

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47
1

SEC. 235. Funding made available in this Act for

2 ‘‘United States Secret Service—Operations and Support’’
3 is available for travel of United States Secret Service em4 ployees on protective missions without regard to the limi5 tations on such expenditures in this or any other Act if
6 the Director of the United States Secret Service or a des7 ignee notifies the Committees on Appropriations of the
8 Senate and the House of Representatives 10 or more days
9 in advance, or as early as practicable, prior to such ex10 penditures.
11

SEC. 236. (a) Not later than 30 days after the date

12 of enactment of this Act and updated semi-monthly there13 after, the Secretary shall make available a report on a
14 publicly accessible website in a downloadable, searchable,
15 and sortable format that includes not less than the pre16 vious 12 months of data, as of the last date of each such
17 reporting period, on all requests to any law enforcement
18 component of the Department of Homeland Security for
19 law enforcement support in the form of personnel, aircraft,
20 equipment, or any other assets, which shall include each
21 of the following for each requesting entity:
22

(1) The name of the entity;

23

(2) The purposes for which support is re-

24

quested;

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48
1

(3) The numbers of personnel and the cat-

2

egories and numbers of assets requested;

3

(4) The duration of the requested support;

4

(5) Whether the requested support was pro-

5

vided;

6

(6) The departmental official who approved pro-

7

viding such support;

8

(7) The dates and descriptions of any support

9

provided;

10

(8) The cost of providing such support; and

11

(9) Whether the support is subject to reim-

12

bursement by the requesting entity.

13

(b) The reporting requirements in subsection (a) shall

14 apply to requests from—
15

(1) Non-Federal law enforcement components;

16

and

17

(2) Federal law enforcement entities, including

18

other such entities of the Department of Homeland

19

Security.

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49
1

TITLE III

2 PROTECTION, PREPAREDNESS, RESPONSE, AND
3
4

RECOVERY
CYBERSECURITY

AND INFRASTRUCTURE

5

AGENCY

6

OPERATIONS AND SUPPORT

7

SECURITY

For necessary expenses of the Cybersecurity and In-

8 frastructure Security Agency for operations and support,
9 $1,843,891,000, of which $27,849,000 shall remain avail10 able until September 30, 2022: Provided, That not to ex11 ceed $3,825 shall be for official reception and representa12 tion expenses.
13

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

14

For necessary expenses of the Cybersecurity and In-

15 frastructure Security Agency for procurement, construc16 tion, and improvements, $396,425,000, to remain avail17 able until September 30, 2023.
18

RESEARCH AND DEVELOPMENT

19

For necessary expenses of the Cybersecurity and In-

20 frastructure Security Agency for research and develop21 ment, $14,431,000, to remain available until September
22 30, 2022.

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50
1

FEDERAL EMERGENCY MANAGEMENT AGENCY

2

OPERATIONS AND SUPPORT

3

For necessary expenses of the Federal Emergency

4 Management

Agency

for

operations

and

support,

5 $1,155,750,000: Provided, That not to exceed $2,250
6 shall be for official reception and representation expenses.
7

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

8

For necessary expenses of the Federal Emergency

9 Management Agency for procurement, construction, and
10 improvements, $122,353,000, of which $61,237,000 shall
11 remain available until September 30, 2023, and of which
12 $61,116,000 shall remain available until September 30,
13 2025.
14

FEDERAL ASSISTANCE

15

(INCLUDING TRANSFER OF FUNDS)

16

For activities of the Federal Emergency Management

17 Agency for Federal assistance through grants, contracts,
18 cooperative

agreements,

and

other

activities,

19 $3,662,369,000, which shall be allocated as follows:
20

(1) $700,000,000 for the State Homeland Secu-

21

rity Grant Program under section 2004 of the

22

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

23

which

24

Stonegarden, $15,000,000 shall be for Tribal Home-

25

land Security Grants under section 2005 of the

$90,000,000

shall

be

for

Operation

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51
1

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

2

$180,000,000 shall be for organizations (as de-

3

scribed under section 501(c)(3) of the Internal Rev-

4

enue Code of 1986 and exempt from tax under sec-

5

tion 501(a) of such code) determined by the Sec-

6

retary of Homeland Security to be at high risk of a

7

terrorist attack: Provided, That notwithstanding

8

subsection (c)(4) of such section 2004, for fiscal

9

year 2021, the Commonwealth of Puerto Rico shall

10

make available to local and tribal governments

11

amounts provided to the Commonwealth of Puerto

12

Rico under this paragraph in accordance with sub-

13

section (c)(1) of such section 2004.

14

(2) $795,000,000 for the Urban Area Security

15

Initiative under section 2003 of the Homeland Secu-

16

rity Act of 2002 (6 U.S.C. 604), of which

17

$180,000,000 shall be for organizations (as de-

18

scribed under section 501(c)(3) of the Internal Rev-

19

enue Code of 1986 and exempt from tax under sec-

20

tion 501(a) of such code) determined by the Sec-

21

retary of Homeland Security to be at high risk of a

22

terrorist attack.

23

(3) $110,000,000 for Public Transportation Se-

24

curity Assistance, Railroad Security Assistance, and

25

Over-the-Road Bus Security Assistance under sec-

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52
1

tions 1406, 1513, and 1532 of the Implementing

2

Recommendations of the 9/11 Commission Act of

3

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

4

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

5

$3,000,000 shall be for Over-the-Road Bus Security:

6

Provided, That such public transportation security

7

assistance shall be provided directly to public trans-

8

portation agencies.

9

(4) $110,000,000 for Port Security Grants in

10

accordance with section 70107 of title 46, United

11

States Code.

12

(5) $770,000,000, to remain available until

13

September 30, 2022, of which $385,000,000 shall be

14

for

15

$385,000,000 shall be for Staffing for Adequate

16

Fire and Emergency Response Grants under sec-

17

tions 33 and 34 respectively of the Federal Fire Pre-

18

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

19

and 2229a).

Assistance

to

Firefighter

Grants

and

20

(6) $385,000,000 for emergency management

21

performance grants under the National Flood Insur-

22

ance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob-

23

ert T. Stafford Disaster Relief and Emergency As-

24

sistance Act (42 U.S.C. 5121), the Earthquake Haz-

25

ards Reduction Act of 1977 (42 U.S.C. 7701), sec-

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53
1

tion 762 of title 6, United States Code, and Reorga-

2

nization Plan No. 3 of 1978 (5 U.S.C. App.).

3

(7) $263,000,000 for necessary expenses for

4

Flood Hazard Mapping and Risk Analysis, in addi-

5

tion to and to supplement any other sums appro-

6

priated under the National Flood Insurance Fund,

7

and such additional sums as may be provided by

8

States or other political subdivisions for cost-shared

9

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

10

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

11

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

12

(8) $150,000,000 for the emergency food and

13

shelter program under title III of the McKinney-

14

Vento Homeless Assistance Act (42 U.S.C. 11331),

15

to remain available until expended: Provided, That

16

not to exceed 3.5 percent shall be for total adminis-

17

trative costs.

18

(9) $75,000,000 for Alternatives to Detention

19

Case Management, to remain available until ex-

20

pended: Provided, That such funding shall be award-

21

ed to nonprofit organizations and local governments

22

and administered by a National Board for the pur-

23

poses of providing case management services to any

24

consenting individual enrolled into the U.S. Immi-

25

gration and Customs Enforcement Alternatives to

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54
1

Detention program, including but not limited to:

2

mental health services; human and sex trafficking

3

screening; legal orientation programs; cultural ori-

4

entation programs; connections to social services;

5

and for individuals who will be removed, reintegra-

6

tion services: Provided further, That not to exceed

7

3.5 percent shall be for total administrative costs.

8

(10) $20,000,000 for Targeted Violence and

9

Terrorism Prevention grants.

10

(11) $284,369,000 to sustain current oper-

11

ations for training, exercises, technical assistance,

12

and other programs.

13

DISASTER RELIEF FUND

14

For necessary expenses in carrying out the Robert

15 T. Stafford Disaster Relief and Emergency Assistance Act
16 (42 U.S.C. 5121 et seq.), $5,653,366,000, to remain avail17 able until expended: Provided, That of the amount pro18 vided under this heading, $5,059,949,000 shall be for
19 major disasters declared pursuant to the Robert T. Staf20 ford Disaster Relief and Emergency Assistance Act (42
21 U.S.C. 5121 et seq.) and is designated by the Congress
22 as

being

for

disaster

relief

pursuant

to

section

23 251(b)(2)(D) of the Balanced Budget and Emergency
24 Deficit Control Act of 1985: Provided further, That of the
25 amount in the preceding proviso, $200,000,000 may be

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55
1 transferred to the Disaster Assistance Direct Loan Pro2 gram Account for the cost of direct loans as authorized
3 under section 417 of the Robert T. Stafford Disaster Re4 lief and Emergency Assistance Act (42 U.S.C. 5184), in5 cluding loans issued pursuant to section 312 of this Act,
6 of which $3,000,000 is for administrative expenses.
7

NATIONAL FLOOD INSURANCE FUND

8

For activities under the National Flood Insurance

9 Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster
10 Protection Act of 1973 (42 U.S.C. 4001 et seq.), the
11 Biggert-Waters Flood Insurance Reform Act of 2012
12 (Public Law 112–141, 126 Stat. 916), and the Home13 owner Flood Insurance Affordability Act of 2014 (Public
14 Law 113–89; 128 Stat. 1020), $204,412,000, to remain
15 available until September 30, 2022, which shall be derived
16 from offsetting amounts collected under section 1308(d)
17 of the National Flood Insurance Act of 1968 (42 U.S.C.
18 4015(d)); of which $13,906,000 shall be available for mis19 sion support associated with flood management; and of
20 which $190,506,000 shall be available for flood plain man21 agement and flood mapping: Provided, That any addi22 tional fees collected pursuant to section 1308(d) of the
23 National Flood Insurance Act of 1968 (42 U.S.C.
24 4015(d)) shall be credited as offsetting collections to this
25 account, to be available for flood plain management and

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56
1 flood mapping: Provided further, That in fiscal year 2021,
2 no funds shall be available from the National Flood Insur3 ance Fund under section 1310 of the National Flood In4 surance Act of 1968 (42 U.S.C. 4017) in excess of—
5

(1) $189,021,000 for operating expenses and

6

salaries and expenses associated with flood insurance

7

operations;

8

(2) $1,156,000,000 for commissions and taxes

9

of agents;

10

(3) such sums as are necessary for interest on

11

Treasury borrowings; and

12

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

13

until expended, for flood mitigation actions and for

14

flood mitigation assistance under section 1366 of the

15

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

16

4104c),

17

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

notwithstanding

sections

1366(e)

and

18 Provided further, That the amounts collected under section
19 102 of the Flood Disaster Protection Act of 1973 (42
20 U.S.C. 4012a) and section 1366(e) of the National Flood
21 Insurance Act of 1968 (42 U.S.C. 4104c(e)), shall be de22 posited in the National Flood Insurance Fund to supple23 ment other amounts specified as available for section 1366
24 of the National Flood Insurance Act of 1968, notwith25 standing section 102(f)(8), section 1366(e) of the National

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57
1 Flood Insurance Act of 1968, and paragraphs (1) through
2 (3) of section 1367(b) of such Act (42 U.S.C. 4012a(f)(8),
3 4104c(e), 4104d(b)(1)–(3)): Provided further, That total
4 administrative costs shall not exceed 4 percent of the total
5 appropriation: Provided further, That up to $5,000,000 is
6 available to carry out section 24 of the Homeowner Flood
7 Insurance Affordability Act of 2014 (42 U.S.C. 4033).
8

ADMINISTRATIVE PROVISIONS

9

SEC. 301. Notwithstanding section 2008(a)(12) of

10 the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12))
11 or any other provision of law, not more than 5 percent
12 of the amount of a grant made available in paragraphs
13 (1) through (4) under ‘‘Federal Emergency Management
14 Agency—Federal Assistance’’, may be used by the grantee
15 for expenses directly related to administration of the
16 grant.
17

SEC. 302. Applications for grants under the heading

18 ‘‘Federal Emergency Management Agency—Federal As19 sistance’’, for paragraphs (1) through (4), shall be made
20 available to eligible applicants not later than 60 days after
21 the date of enactment of this Act, eligible applicants shall
22 submit applications not later than 80 days after the grant
23 announcement, and the Administrator of the Federal
24 Emergency Management Agency shall act within 65 days
25 after the receipt of an application.

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58
1

SEC. 303. Under the heading ‘‘Federal Emergency

2 Management Agency—Federal Assistance’’, for grants
3 under paragraphs (1) through (4), the Administrator of
4 the Federal Emergency Management Agency shall brief
5 the Committees on Appropriations of the Senate and the
6 House of Representatives 5 full business days in advance
7 of announcing publicly the intention of making an award.
8

SEC. 304. Under the heading ‘‘Federal Emergency

9 Management Agency—Federal Assistance’’, for grants
10 under paragraphs (1) and (2), the installation of commu11 nications towers is not considered construction of a build12 ing or other physical facility.
13

SEC. 305. The reporting requirements in paragraphs

14 (1) and (2) under the heading ‘‘Federal Emergency Man15 agement Agency—Disaster Relief Fund’’ in the Depart16 ment of Homeland Security Appropriations Act, 2015
17 (Public Law 114–4) shall be applied in fiscal year 2021
18 with respect to budget year 2022 and current fiscal year
19 2021, respectively—
20

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

21

year 2022’’ for ‘‘fiscal year 2016’’; and

22

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

23

after ‘‘fifth’’.

24

SEC. 306. In making grants under the heading ‘‘Fed-

25 eral Emergency Management Agency—Federal Assist-

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59
1 ance’’, for Staffing for Adequate Fire and Emergency Re2 sponse grants, the Administrator of the Federal Emer3 gency Management Agency may grant waivers from the
4 requirements

in

subsections

(a)(1)(A),

(a)(1)(B),

5 (a)(1)(E), (a)(1)(G), (c)(1), (c)(2), and (c)(4) of section
6 34 of the Federal Fire Prevention and Control Act of 1974
7 (15 U.S.C. 2229a).
8

SEC. 307. The aggregate charges assessed during fis-

9 cal year 2021, as authorized in title III of the Depart10 ments of Veterans Affairs and Housing and Urban Devel11 opment, and Independent Agencies Appropriations Act,
12 1999 (42 U.S.C. 5196e), shall not be less than 100 per13 cent of the amounts anticipated by the Department of
14 Homeland Security to be necessary for its Radiological
15 Emergency Preparedness Program for the next fiscal year:
16 Provided, That the methodology for assessment and collec17 tion of fees shall be fair and equitable and shall reflect
18 costs of providing such services, including administrative
19 costs of collecting such fees: Provided further, That such
20 fees shall be deposited in a Radiological Emergency Pre21 paredness Program account as offsetting collections and
22 will become available for authorized purposes on October
23 1, 2021, and remain available until expended.
24

SEC. 308. (a) Any balances of funds appropriated in

25 any prior Act for activities funded by National Predisaster

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60
1 Mitigation Fund under section 203 of the Robert T Staf2 ford Disaster Relief and Emergency Assistance Act (42
3 USC 5133)(as in effect on the day before the date of en4 actment of section 1234 of division D of Public Law 1155 254) may be transferred to and merged for all purposes
6 with the funds set aside pursuant to subsection (i)(1) of
7 section 203 of the Robert T. Stafford Disaster Relief and
8 Emergency Assistance Act, (42 USC 5133) as in effect
9 on the date of the enactment of this section.
10

(b) The transfer authorized in subsection (a) may not

11 occur until the Administrator of the Federal Emergency
12 Management Agency submits to the Committees on Ap13 propriations of the Senate and the House of Representa14 tives a plan for the obligation of funds pursuant to such
15 subsection (i)(1), including the criteria to be used for
16 awarding grants and a process for tracking the obligation
17 of such transferred funds.
18

SEC. 309. In making grants under the heading ‘‘Fed-

19 eral Emergency Management Agency—Federal Assist20 ance’’, for Assistance to Firefighter Grants, the Adminis21 trator of the Federal Emergency Management Agency
22 may waive subsections (f),(g)(1) and (k) of section 33 of
23 the Federal Fire Prevention and Control Act of 1974 (15
24 USC 2229).

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61
1

SEC. 310. Funds made available under the heading

2 ‘‘Cybersecurity and Infrastructure Security Agency—Op3 erations and Support’’ may be made available for the nec4 essary expenses of carrying out the competition specified
5 in section 2(e) of Executive Order No. 13870 (May 2,
6 2019), including the provision of monetary and non-mone7 tary awards for Federal civilian employees and members
8 of the uniformed services, the necessary expenses for the
9 honorary recognition of any award recipients, and activi10 ties to encourage participation in the competition, includ11 ing promotional items: Provided, That any awards made
12 pursuant to this section shall be of the same type and
13 amount as those authorized under sections 4501 through
14 4505 of title 5, United States Code.
15

SEC. 311. The Administrator of the Federal Emer-

16 gency Management Agency shall reconsider any re-sub17 mission of a request for assistance under section 408 of
18 the Robert T. Stafford Disaster Relief and Emergency As19 sistance Act (42 U.S.C. 5174) related to the removal of
20 debris from an owner-occupied private residence or prop21 erty for a major disaster declared by the President in ac22 cordance with such Act on or after May 1, 2018, and be23 fore September 30, 2020, as if such submission were made
24 within the time limit in section 206.40(d) of title 44, Code
25 of Federal Regulations.

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62
1

SEC. 312. (a) For major disasters declared in 2018

2 pursuant to the Robert T. Stafford Disaster Relief and
3 Emergency Assistance Act (42 U.S.C. 5170), a territory
4 or possession of the United States shall be deemed to be
5 a local government for purposes of section 417 of such
6 Act (42 U.S.C. 5184) and section 206.361(a) of title 44,
7 Code of Federal Regulations.
8

(b) Notwithstanding section 206.361(a) of title 44,

9 Code of Federal Regulations, the President may provide
10 a loan until the last day of the fiscal year that is 3 fiscal
11 years after the fiscal year in which the natural disaster
12 described in such subsection occurs.
13

(c) Notwithstanding section 417(b) of such Act and

14 section 206.361(b) of title 44, Code of Federal Regula15 tions, the amount of any loan issued to a territory or pos16 session may—
17

(1) exceed $5,000,000; and

18

(2) may be based on the projected loss of tax

19

and other revenues and on projected cash outlays

20

not previously budgeted for a period not to exceed

21

one year beginning on the date that the major dis-

22

aster occurred.

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63
1

TITLE IV

2

RESEARCH, DEVELOPMENT, TRAINING, AND

3

SERVICES

4

U.S. CITIZENSHIP

5

AND IMMIGRATION

SERVICES

OPERATIONS AND SUPPORT

6

For necessary expenses of U.S. Citizenship and Im-

7 migration Services for operations and support of the E8 Verify Program, $163,949,000.
9

FEDERAL ASSISTANCE

10

For necessary expenses of U.S. Citizenship and Im-

11 migration Services for Federal assistance for the Citizen12 ship and Integration Grant Program, $20,000,000.
13

FEDERAL LAW ENFORCEMENT TRAINING CENTERS

14

OPERATIONS AND SUPPORT

15

For necessary expenses of the Federal Law Enforce-

16 ment Training Centers for operations and support, includ17 ing the purchase of not to exceed 117 vehicles for police18 type use and hire of passenger motor vehicles, and services
19 as authorized by section 3109 of title 5, United States
20 Code, $317,945,000, of which $54,283,000 shall remain
21 available until September 30, 2022: Provided, That not
22 to exceed $7,180 shall be for official reception and rep23 resentation expenses.

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64
1

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

2

For necessary expenses of the Federal Law Enforce-

3 ment Training Centers for procurement, construction, and
4 improvements, $26,000,000, to remain available until Sep5 tember 30, 2023, for acquisition of necessary additional
6 real property and facilities, construction and ongoing
7 maintenance, facility improvements and related expenses
8 of the Federal Law Enforcement Training Center.
9

SCIENCE

10

AND

TECHNOLOGY DIRECTORATE

OPERATIONS AND SUPPORT

11

For necessary expenses of the Science and Tech-

12 nology Directorate for operations and support, including
13 the purchase or lease of not to exceed 5 vehicles,
14 $303,162,000, of which $180,204,000 shall remain avail15 able until September 30, 2022: Provided, That not to ex16 ceed $10,000 shall be for official reception and representa17 tion expenses.
18

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

19

For necessary expenses of the Science and Tech-

20 nology Directorate for procurement, construction, and im21 provements, $18,927,000 to remain available until Sep22 tember 30, 2025.
23

RESEARCH AND DEVELOPMENT

24

For necessary expenses of the Science and Tech-

25 nology

Directorate

for

research

and

development,

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65
1 $433,222,000, to remain available until September 30,
2 2023.
3 COUNTERING WEAPONS
4

OF

MASS DESTRUCTION OFFICE

OPERATIONS AND SUPPORT

5

For necessary expenses of the Countering Weapons

6 of Mass Destruction Office for operations and support,
7 $179,977,000: Provided, That not to exceed $2,250 shall
8 be for official reception and representation expenses.
9

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

10

For necessary expenses of the Countering Weapons

11 of Mass Destruction Office for procurement, construction,
12 and improvements, $87,413,000, to remain available until
13 September 30, 2023.
14

RESEARCH AND DEVELOPMENT

15

For necessary expenses of the Countering Weapons

16 of Mass Destruction Office for research and development,
17 $58,209,000, to remain available until September 30,
18 2023.
19

FEDERAL ASSISTANCE

20

For necessary expenses of the Countering Weapons

21 of Mass Destruction Office for Federal assistance through
22 grants, contracts, cooperative agreements, and other ac23 tivities, $69,663,000, to remain available until September
24 30, 2023.

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66
1

ADMINISTRATIVE PROVISIONS

2

SEC. 401. Notwithstanding any other provision of

3 law, funds otherwise made available to U.S. Citizenship
4 and Immigration Services may be used to acquire, operate,
5 equip, and dispose of up to 5 vehicles, for replacement
6 only, for areas where the Administrator of General Serv7 ices does not provide vehicles for lease: Provided, That the
8 Director of U.S. Citizenship and Immigration Services
9 may authorize employees who are assigned to those areas
10 to use such vehicles to travel between the employees’ resi11 dences and places of employment.
12

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

13 may be used to process or approve a competition under
14 Office of Management and Budget Circular A–76 for serv15 ices provided by employees (including employees serving
16 on a temporary or term basis) of U.S. Citizenship and Im17 migration Services of the Department of Homeland Secu18 rity who are known as Immigration Information Officers,
19 Immigration Service Analysts, Contact Representatives,
20 Investigative Assistants, or Immigration Services Officers.
21

SEC. 403. (a) Notwithstanding section 286(n) of the

22 Immigration and Nationality Act (8 U.S.C. 1356(n)), not
23 more than $1,855,000 shall be available for the Office of
24 the Director of U.S. Citizenship and Immigration Services
25 during fiscal year 2021.

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67
1

(b) Of the amount made available under subsection

2 (a), $50,000 shall be withheld from obligation and expend3 iture until each of the reports and briefings required under
4 the heading, ‘‘U.S. Citizenship and Immigration Services’’
5 in the explanatory statement accompanying Public Law
6 116–93 and the report accompanying this Act have been
7 provided.
8

SEC. 404. Section 403 of the Department of Home-

9 land Security Appropriations Act, 2020 (division D of
10 Public Law 116–93) shall continue in effect during fiscal
11 year 2021, except that such section shall be applied by
12 substituting ‘‘15 days after the date of enactment of this
13 Act’’ for ‘‘30 days after the date of enactment of this
14 Act’’.
15

SEC. 405. None of the funds deposited into the Immi-

16 gration Examinations Fee Account pursuant to section
17 286(m) of the Immigration and Nationality Act (8 U.S.C.
18 1356(m)) may be made available for activities for which
19 specific amounts are made available by this Act unless
20 such deposited funds were obligated for such activities in
21 fiscal year 2020.
22

SEC. 406. The Director of the Federal Law Enforce-

23 ment Training Centers is authorized to distribute funds
24 to Federal law enforcement agencies for expenses incurred
25 participating in training accreditation.

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1

SEC. 407. The Federal Law Enforcement Training

2 Accreditation Board, including representatives from the
3 Federal law enforcement community and non-Federal ac4 creditation experts involved in law enforcement training,
5 shall lead the Federal law enforcement training accredita6 tion process to continue the implementation of measuring
7 and assessing the quality and effectiveness of Federal law
8 enforcement training programs, facilities, and instructors.
9

SEC. 408. The Director of the Federal Law Enforce-

10 ment Training Centers may accept transfers to the ac11 count established by section 407(a) of division F of the
12 Consolidated Appropriations Act, 2018 (Public Law 115–
13 141) from Government agencies requesting the construc14 tion of special use facilities, as authorized by the Economy
15 Act (31 U.S.C. 1535(b)): Provided, That the Federal Law
16 Enforcement Training Centers maintain administrative
17 control and ownership upon completion of such facilities.
18

SEC. 409. The functions of the Federal Law Enforce-

19 ment Training Centers instructor staff shall be classified
20 as inherently governmental for purposes of the Federal
21 Activities Inventory Reform Act of 1998 (31 U.S.C. 501
22 note).
23

SEC. 410. (a) Section 540 of title V of division D

24 of the Consolidated Security, Disaster Assistance, and

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1 Continuing Appropriations Act, 2009 (Public Law 110–
2 329; 122 Stat. 3688) is repealed.
3

(b) Section 538 of title V of division D of the Consoli-

4 dated Appropriations Act, 2012 (Public Law 112–74; 125
5 Stat. 976) is repealed.
6

TITLE V

7

GENERAL PROVISIONS

8

(INCLUDING TRANSFERS OF FUNDS)

9

SEC. 501. No part of any appropriation contained in

10 this Act shall remain available for obligation beyond the
11 current fiscal year unless expressly so provided herein.
12

SEC. 502. The unexpended balances of prior appro-

13 priations provided for activities in this Act may be trans14 ferred to appropriation accounts for such activities estab15 lished pursuant to this Act, may be merged with funds
16 in the applicable established accounts, and thereafter may
17 be accounted for as one fund for the same time period
18 as originally enacted.
19

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

20 provided by previous appropriations Acts to the compo21 nents in or transferred to the Department of Homeland
22 Security that remain available for obligation or expendi23 ture or provided from any accounts derived by the collec24 tion of fees available to the components of such Depart25 ment, shall be available for obligation or expenditure

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70
1 through a reprogramming of appropriated funds or a
2 change in the planned obligation of funds derived from
3 such fees that—
4

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

5

activity;

6

(2) contracts out any function presently per-

7

formed by Federal employees or any new function

8

proposed to be performed by Federal employees in

9

the President’s budget proposal for the current fiscal

10

year for the Department of Homeland Security;

11

(3) augments funding for existing programs,

12

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

13

percent, whichever is less;

14

(4) reduces funding for any program, project,

15

or activity, or numbers of personnel, by 10 percent

16

or more; or

17

(5) results from any general savings from a re-

18

duction in personnel that would result in a change

19

in funding levels for programs, projects, or activities

20

as approved by the Congress.

21

(b) For purposes of this section, a ‘‘program, project,

22 or activity’’ is defined as—
23

(1) each item listed under each appropriation or

24

fee funded account identified in the detailed funding

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71
1

table at the end of the explanatory statement accom-

2

panying this Act; and

3

(2) each item for which the explanatory state-

4

ment accompanying this Act specifies a funding

5

amount, except for amounts identified in a funding

6

table other than that described in subsection (1).

7

(c) For purposes of this section, ‘‘reprogramming of

8 funds’’ is defined as a reduction to or augmentation of
9 an amount associated with an item described in subsection
10 (b).
11

(d) For purposes of this section, a change in the

12 planned obligation of funding derived from fee collections
13 is defined as a reduction or augmentation of an amount
14 associated with an item described in subsection (b) under
15 each ‘‘Fee Funded Programs’’ subheading.
16

SEC. 504. Section 504 of the Department of Home-

17 land Security Appropriations Act, 2017 (division F of
18 Public Law 115–31), related to the operations of a work19 ing capital fund, shall apply with respect to funds made
20 available in this Act in the same manner as such section
21 applied to funds made available in that Act: Provided,
22 That funds from such working capital fund may be obli23 gated and expended in anticipation of reimbursements
24 from components of the Department of Homeland Secu25 rity.

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72
1

SEC. 505. Funds made available by this Act for intel-

2 ligence activities are deemed to be specifically authorized
3 by the Congress for purposes of section 504 of the Na4 tional Security Act of 1947 (50 U.S.C. 414) during fiscal
5 year 2021 until the enactment of an Act authorizing intel6 ligence activities for fiscal year 2021.
7

SEC. 506. (a) The Secretary of Homeland Security,

8 or the designee of the Secretary, shall notify the Commit9 tees on Appropriations of the Senate and the House of
10 Representatives at least 3 full business days in advance
11 of—
12

(1) making or awarding a grant allocation,

13

grant, contract, other transaction agreement, or task

14

or delivery order on a Department of Homeland Se-

15

curity multiple award contract, or to issue a letter

16

of intent totaling in excess of $1,000,000;

17

(2) awarding a task or delivery order requiring

18

an obligation of funds in an amount greater than

19

$10,000,000 from multi-year Department of Home-

20

land Security funds;

21

(3) making a sole-source grant award; or

22

(4) announcing publicly the intention to make

23

or award items under paragraph (1), (2), or (3), in-

24

cluding a contract covered by the Federal Acquisi-

25

tion Regulation.

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1

(b) If the Secretary of Homeland Security determines

2 that compliance with this section would pose a substantial
3 risk to human life, health, or safety, an award may be
4 made without notification, and the Secretary shall notify
5 the Committees on Appropriations of the Senate and the
6 House of Representatives not later than 5 full business
7 days after such an award is made or letter issued.
8

(c) A notification under this section—

9

(1) may not involve funds that are not available

10

for obligation; and

11

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

12

fiscal year for which the funds for the award were

13

appropriated; the type of contract; and the account

14

from which the funds are being drawn.

15

SEC. 507. Notwithstanding any other provision of

16 law, no agency shall purchase, construct, or lease any ad17 ditional facilities, except within or contiguous to existing
18 locations, to be used for the purpose of conducting Federal
19 law enforcement training without advance notification to
20 the Committees on Appropriations of the Senate and the
21 House of Representatives, except that the Federal Law
22 Enforcement Training Centers is authorized to obtain the
23 temporary use of additional facilities by lease, contract,
24 or other agreement for training that cannot be accommo25 dated in existing Centers’ facilities.

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1

SEC. 508. None of the funds appropriated or other-

2 wise made available by this Act may be used for expenses
3 for any construction, repair, alteration, or acquisition
4 project for which a prospectus otherwise required under
5 chapter 33 of title 40, United States Code, has not been
6 approved, except that necessary funds may be expended
7 for each project for required expenses for the development
8 of a proposed prospectus.
9

SEC. 509. Sections 520, 522, and 530 of the Depart-

10 ment of Homeland Security Appropriations Act, 2008 (di11 vision E of Public Law 110–161; 121 Stat. 2073 and
12 2074) shall apply with respect to funds made available in
13 this Act in the same manner as such sections applied to
14 funds made available in that Act.
15

SEC. 510. None of the funds made available in this

16 Act may be used in contravention of the applicable provi17 sions of the Buy American Act: Provided, That for pur18 poses of the preceding sentence, the term ‘‘Buy American
19 Act’’ means chapter 83 of title 41, United States Code.
20

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

21 Act may be used to amend the oath of allegiance required
22 by section 337 of the Immigration and Nationality Act
23 (8 U.S.C. 1448).
24

SEC. 512. None of the funds provided or otherwise

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

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75
1 section 872 of the Homeland Security Act of 2002 (6
2 U.S.C. 452) unless explicitly authorized by the Congress.
3

SEC. 513. None of the funds made available in this

4 Act may be used for planning, testing, piloting, or devel5 oping a national identification card.
6

SEC. 514. Any official that is required by this Act

7 to report or to certify to the Committees on Appropria8 tions of the Senate and the House of Representatives may
9 not delegate such authority to perform that act unless spe10 cifically authorized herein.
11

SEC. 515. None of the funds made available in this

12 Act may be used for first-class travel by the employees
13 of agencies funded by this Act in contravention of sections
14 301–10.122 through 301–10.124 of title 41, Code of Fed15 eral Regulations.
16

SEC. 516. Notwithstanding any other provision of

17 this Act, none of the funds appropriated or otherwise
18 made available by this Act may be used to pay award or
19 incentive fees for contractor performance that has been
20 judged to be below satisfactory performance or perform21 ance that does not meet the basic requirements of a con22 tract.
23

SEC. 517. None of the funds appropriated or other-

24 wise made available by this Act may be used by the De25 partment of Homeland Security to enter into any Federal

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76
1 contract unless such contract is entered into in accordance
2 with the requirements of subtitle I of title 41, United
3 States Code, or chapter 137 of title 10, United States
4 Code, and the Federal Acquisition Regulation, unless such
5 contract is otherwise authorized by statute to be entered
6 into without regard to the above referenced statutes.
7

SEC. 518. (a) None of the funds made available in

8 this Act may be used to maintain or establish a computer
9 network unless such network blocks the viewing,
10 downloading, and exchanging of pornography.
11

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

12 funds necessary for any Federal, State, tribal, or local law
13 enforcement agency or any other entity carrying out crimi14 nal investigations, prosecution, or adjudication activities.
15

SEC. 519. None of the funds made available in this

16 Act may be used by a Federal law enforcement officer to
17 facilitate the transfer of an operable firearm to an indi18 vidual if the Federal law enforcement officer knows or sus19 pects that the individual is an agent of a drug cartel unless
20 law enforcement personnel of the United States continu21 ously monitor or control the firearm at all times.
22

SEC. 520. None of the funds made available in this

23 Act may be used to pay for the travel to or attendance
24 of more than 50 employees of a single component of the
25 Department of Homeland Security, who are stationed in

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77
1 the United States, at a single international conference un2 less the Secretary of Homeland Security, or a designee,
3 determines that such attendance is in the national interest
4 and notifies the Committees on Appropriations of the Sen5 ate and the House of Representatives within at least 10
6 days of that determination and the basis for that deter7 mination: Provided, That for purposes of this section the
8 term ‘‘international conference’’ shall mean a conference
9 occurring outside of the United States attended by rep10 resentatives of the United States Government and of for11 eign governments, international organizations, or non12 governmental organizations: Provided further, That the
13 total cost to the Department of Homeland Security of any
14 such conference shall not exceed $500,000.
15

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

16 Act may be used to reimburse any Federal department
17 or agency for its participation in a National Special Secu18 rity Event.
19

SEC. 522. None of the funds made available to the

20 Department of Homeland Security by this or any other
21 Act may be obligated for any structural pay reform that
22 affects more than 100 full-time positions or costs more
23 than $5,000,000 in a single year before the end of the
24 30-day period beginning on the date on which the Sec-

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78
1 retary of Homeland Security submits to Congress a notifi2 cation that includes—
3

(1) the number of full-time positions affected by

4

such change;

5

(2) funding required for such change for the

6

current year and through the Future Years Home-

7

land Security Program;

8

(3) justification for such change; and

9

(4) an analysis of compensation alternatives to

10

such change that were considered by the Depart-

11

ment.

12

SEC. 523. (a) Any agency receiving funds made avail-

13 able in this Act shall, subject to subsections (b) and (c),
14 post on the public website of that agency any report re15 quired to be submitted by the Committees on Appropria16 tions of the Senate and the House of Representatives in
17 this Act, upon the determination by the head of the agency
18 that it shall serve the national interest.
19

(b) Subsection (a) shall not apply to a report if—

20

(1) the public posting of the report com-

21

promises homeland or national security; or

22

(2) the report contains proprietary information.

23

(c) The head of the agency posting such report shall

24 do so only after such report has been made available to
25 the Committees on Appropriations of the Senate and the

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79
1 House of Representatives for not less than 45 days except
2 as otherwise specified in law.
3

SEC. 524. (a) Funding provided in this Act for ‘‘Op-

4 erations and Support’’ may be used for minor procure5 ment, construction, and improvements.
6

(b) For purposes of subsection (a), ‘‘minor’’ refers

7 to end items with a unit cost of $250,000 or less for per8 sonal property, and $2,000,000 or less for real property.
9

SEC. 525. The authority provided by section 532 of

10 the Department of Homeland Security Appropriations
11 Act, 2018 (Public Law 115–141) regarding primary and
12 secondary schooling of dependents shall continue in effect
13 during fiscal year 2021.
14

SEC. 526. (a) For an additional amount for ‘‘Federal

15 Emergency Management Agency—Federal Assistance’’,
16 $41,000,000, to remain available until September 30,
17 2022, exclusively for providing reimbursement of extraor18 dinary law enforcement personnel costs for protection ac19 tivities directly and demonstrably associated with any resi20 dence of the President that is designated or identified to
21 be secured by the United States Secret Service.
22

(b) Subsections (b) through (f) of section 534 of the

23 Department of Homeland Security Appropriations Act,
24 2018 (Public Law 115–141), shall be applied with respect
25 to amounts made available by subsection (a) of this section

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1 by substituting ‘‘October 1, 2021’’ for ‘‘October 1, 2018’’
2 and ‘‘October 1, 2020’’ for ‘‘October 1, 2017’’.
3

SEC. 527. (a) Section 831 of the Homeland Security

4 Act of 2002 (6 U.S.C. 391) shall be applied—
5

(1) In subsection (a), by substituting ‘‘Sep-

6

tember 30, 2021,’’ for ‘‘September 30, 2017,’’; and

7

(2) In subsection (c)(1), by substituting ‘‘Sep-

8

tember 30, 2021,’’ for ‘‘September 30, 2017’’.

9

(b) The Secretary of Homeland Security, under the

10 authority of section 831 of the Homeland Security Act of
11 2002 (6 U.S.C. 391(a)), may carry out prototype projects
12 under section 2371b of title 10, United States Code, and
13 the Secretary shall perform the functions of the Secretary
14 of Defense as prescribed.
15

(c) The Secretary of Homeland Security under sec-

16 tion 831 of the Homeland Security Act of 2002 (6 U.S.C.
17 391(d)) may use the definition of nontraditional govern18 ment contractor as defined in section 2371b(e) of title 10,
19 United States Code.
20

SEC. 528. (a) None of the funds appropriated or oth-

21 erwise made available to the Department of Homeland Se22 curity by this Act may be used to prevent any of the fol23 lowing persons from entering, for the purpose of con24 ducting oversight, any facility operated by or for the De25 partment of Homeland Security used to detain or other-

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81
1 wise house aliens, or to make any temporary modification
2 at any such facility that in any way alters what is observed
3 by a visiting member of Congress or such designated em4 ployee, compared to what would be observed in the absence
5 of such modification:
6

(1) A Member of Congress.

7

(2) An employee of the United States House of Rep-

8 resentatives or the United States Senate designated by
9 such a Member for the purposes of this section.
10

(b) Nothing in this section may be construed to re-

11 quire a Member of Congress to provide prior notice of the
12 intent to enter a facility described in subsection (a) for
13 the purpose of conducting oversight.
14

(c) With respect to individuals described in subsection

15 (a)(2), the Department of Homeland Security may require
16 that a request be made at least 24 hours in advance of
17 an intent to enter a facility described in subsection (a).
18

SEC. 529. (a) Except as provided in subsection (b),

19 none of the funds made available in this Act may be used
20 to place restraints on a woman in the custody of the De21 partment of Homeland Security (including during trans22 port, in a detention facility, or at an outside medical facil23 ity) who is pregnant or in post-delivery recuperation.
24

(b) Subsection (a) shall not apply with respect to a

25 pregnant woman if—

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1

(1) an appropriate official of the Department of

2

Homeland Security makes an individualized deter-

3

mination that the woman—

4

(A) is a serious flight risk, and such risk

5

cannot be prevented by other means; or

6

(B) poses an immediate and serious threat

7

to harm herself or others that cannot be pre-

8

vented by other means; or

9

(2) a medical professional responsible for the

10

care of the pregnant woman determines that the use

11

of therapeutic restraints is appropriate for the med-

12

ical safety of the woman.

13

(c) If a pregnant woman is restrained pursuant to

14 subsection (b), only the safest and least restrictive re15 straints, as determined by the appropriate medical profes16 sional treating the woman, may be used. In no case may
17 restraints be used on a woman who is in active labor or
18 delivery, and in no case may a pregnant woman be re19 strained in a face-down position with four-point restraints,
20 on her back, or in a restraint belt that constricts the area
21 of the pregnancy. A pregnant woman who is immobilized
22 by restraints shall be positioned, to the maximum extent
23 feasible, on her left side.
24

SEC. 530. (a) None of the funds made available by

25 this Act may be used to destroy, or to implement a policy

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1 or practice that permits the destruction of, any document,
2 recording, or other record pertaining to any—
3

(1) death of,

4

(2) potential sexual assault or abuse per-

5

petrated against, or

6

(3) allegation of abuse, criminal activity, or dis-

7

ruption committed by,

8 an individual held in the custody of the Department of
9 Homeland Security.
10

(b) The records referred to in subsection (a) shall be

11 made available to an individual who has been charged with
12 a crime, been placed into segregation, or otherwise pun13 ished as a result of an allegation described in paragraph
14 (3), upon the request of such individual.
15

SEC. 531. Section 519 of division F of Public Law

16 114–113, regarding a prohibition on funding for any posi17 tion designated as a Principal Federal Official, shall apply
18 with respect to any Federal funds in the same manner
19 as such section applied to funds made available in that
20 Act.
21

SEC. 532. (a) Not later than 10 days after the date

22 on which the budget of the President for a fiscal year is
23 submitted to Congress pursuant to section 1105(a) of title
24 31, United States Code, the Secretary of Homeland Secu25 rity shall submit to the Committees on Appropriations of

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84
1 the Senate and the House of Representatives a report on
2 the unfunded priorities, for the Department of Homeland
3 Security and separately for each departmental component,
4 for which discretionary funding would be classified as
5 budget function 050.
6

(b) Each report under this section shall specify, for

7 each such unfunded priority—
8

(1) a summary description, including the objec-

9

tives to be achieved if such priority is funded

10

(whether in whole or in part);

11

(2) the description, including the objectives to

12

be achieved if such priority is funded (whether in

13

whole or in part);

14

(3) account information, including the following

15

(as applicable):

16

(A) appropriation account; and

17

(B) program, project, or activity name;

18

and

19

(4) the additional number of full-time or part-

20

time positions to be funded as part of such priority.

21

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

22 the case of a fiscal year, means a requirement that—
23

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

24

subsection (a);

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85
1

(2) is necessary to fulfill a requirement associ-

2

ated with an operational or contingency plan for the

3

Department; and

4

(3) would have been recommended for funding

5

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

6

(A) additional resources had been available

7

for the budget to fund the requirement;

8

(B) the requirement has emerged since the

9

budget was formulated; or

10

(C) the requirement is necessary to sustain

11

prior-year investments.

12

(RESCISSION)

13

SEC. 533. Of the funds appropriated to the Depart-

14 ment of Homeland Security, $1,375,000,000 of the
15 amounts made available under the heading ‘‘U.S. Customs
16 and Border Protection—Procurement, Construction, and
17 Improvements’’ by Public Law 116-93 is hereby rescinded:
18 Provided, That no amounts may be rescinded from
19 amounts that were designated by the Congress as an
20 emergency requirement pursuant to a concurrent resolu21 tion on the budget or the Balanced Budget and Emer22 gency Deficit Control Act of 1985 (Public Law 99–177).
23

This Act may be cited as the ‘‘Department of Home-

24 land Security Appropriations Act, 2021’’.

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H. R. ll

Union Calendar No. ll

[FULL COMMITTEE PRINT]
116TH CONGRESS
2D SESSION

[Report No. 116–ll]

A BILL
Making appropriations for the Department of
Homeland Security for the fiscal year ending
September 30, 2021, and for other purposes.

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, 2020
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

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