[House Report 116-458]
[From the U.S. Government Publishing Office]
Union Calendar No. 368
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-458
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2021
_______
July 20, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Ms. Roybal-Allard of California, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 7669]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2021.
INDEX TO BILL AND REPORT
_________
Page number
Bill Report
TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE,
AND OVERSIGHT
Office of the Secretary and Executive Management... 2
8
Operations and Support..................... 2
8
Management Directorate............................. 3
14
Operations and Support..................... 3
14
Procurement, Construction, and Improvements 3
15
Federal Protective Service................. 3
16
Intelligence, Analysis, and Operations Coordination 3
16
Operations and Support..................... 3
16
Office of Inspector General........................ 4
16
Operations and Support..................... 4
17
Administrative Provisions.......................... 4
19
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection................. 13
20
Operations and Support..................... 13
20
Procurement, Construction, and Improvements 15
29
U.S. Immigration and Customs Enforcement........... 16
30
Operations and Support..................... 16
31
Procurement, Construction, and Improvements 18
41
Transportation Security Administration............. 19
42
Operations and Support..................... 19
42
Procurement, Construction, and Improvements 19
43
Research and Development................... 19
44
Coast Guard........................................ 20
45
Operations and Support..................... 20
45
Procurement, Construction, and Improvements 21
48
Research and Development................... 21
49
Health Care Fund Contribution..............
50
Retired Pay................................ 22
50
United States Secret Service....................... 22
51
Operations and Support..................... 22
51
Procurement, Construction, and Improvements 24
52
Research and Development................... 24
52
Administrative Provisions.......................... 24
52
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency... 49
55
Operations and Support..................... 49
55
Procurement, Construction, and Improvements 49
61
Research and Development................... 49
62
Federal Emergency Management Agency................ 50
62
Operations and Support..................... 50
62
Procurement, Construction, and Improvements 50
64
Federal Assistance......................... 50
64
Disaster Relief Fund....................... 54
68
National Flood Insurance Fund.............. 55
70
Administrative Provisions.......................... 57
70
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
US Citizenship and Immigration Services............ 63
71
Operations and Support..................... 63
72
Federal Assistance......................... 63
78
Federal Law Enforcement Training Centers........... 63
78
Operations and Support..................... 63
79
Procurement, Construction, and Improvements 64
80
Science and Technology Directorate................. 64
80
Operations and Support..................... 64
80
Procurement, Construction, and Improvements 64
81
Research and Development................... 64
81
Countering Weapons of Mass Destruction Office...... 65
84
Operations and Support..................... 65
84
Procurement, Construction, and Improvements 65
86
Research and Development................... 65
86
Federal Assistance......................... 65
86
Administrative Provisions.......................... 66
86
TITLE V--GENERAL PROVISIONS
This Act........................................... 69
87
Compliance with House Rules................
Tables.....................................
Overview
The Committee recommendation includes $55,944,949,000 in
total discretionary budget authority for the Department of
Homeland Security (DHS), including $50,720,000,000 in net
discretionary budget authority, $215,000,000 as a budget cap
adjustment for overseas contingency operations, and
$5,059,949,000 as a budget cap adjustment for major disaster
response and recovery activities. The discretionary budget
authority total is a reduction of $12,065,163,000 below the
fiscal year 2020 total and $1,183,546,000 below the President's
budget request. The net discretionary total is $252,000,000
above the fiscal year 2020 level.
Balanced Homeland Security Investments
Investments in this bill are intended to balance competing
priorities across the Department's important missions, all of
which are critical to the security of the country. Among other
efforts, the bill continues important investments in Coast
Guard readiness and to recapitalize Coast Guard air and sea
fleets, including continued support for the Polar Security
Cutter and Offshore Patrol Cutter programs; to complete the
Fast Response Cutter program; to hire more Secret Service
agents and Uniformed Division officers to reduce mandatory
overtime; to restore funding for the National Computer
Forensics Institute; to restore the Transportation Security
Administration's (TSA) Law Enforcement Officer Reimbursement
program and Visible Intermodal Prevention and Response program;
and to expedite the procurement of more effective imaging
technology for TSA and U.S. Customs and Border Protection
(CBP).
The bill sustains prior year increases for Homeland
Security Investigations at U.S. Immigration and Customs
Enforcement (ICE); continues to expand ICE's Alternatives to
Detention programs; funds at least two detention facility
inspections per year at ICE's over-72 hour detention
facilities; provides targeted increases for the Federal
Emergency Management Agency's (FEMA) major preparedness and
response grant programs; and recommends increased resources for
the Cybersecurity and Infrastructure Security Agency to better
protect federal civilian cyber networks and help state and
local governments and the private sector secure both cyber and
physical infrastructure, including election infrastructure.
The bill recommends significant new CBP resources for
procuring and deploying new technologies to improve situational
awareness at the border and for Office of Field Operations
hiring; discretionary resources recommended in the bill,
combined with fee revenue, will allow CBP to hire over 1,500
new personnel, including 1,200 new CBP officers, 200 new
agriculture specialists, and 100 mission support personnel.
Risk-Based Border Security
The Department of Homeland Security Appropriations Acts for
fiscal years 2017 through 2020 required the Secretary to submit
to the Committees a risk-based plan for improving security
along the borders of the United States, including the use of
personnel, fencing, other forms of tactical infrastructure, and
technology. While the Department delivered updates of its
Border Security Infrastructure Plan (BSIP) for fiscal year 2017
and 2018, those BSIPs did not address the specific elements
required by law, as confirmed by a GAO review of the fiscal
year 2018 BSIP. To date, the Department has failed to submit a
fiscal year 2019 BSIP, despite a legal requirement to comply
with Congress's reporting requirements by August 2019. For
fiscal year 2020, the reporting requirement was statutorily due
at the end of June.
Without the comprehensive analysis Congress has required in
law for the past four fiscal years, Congress lacks essential
information for determining how best to invest scarce taxpayer
dollars. Given the Department's failure to comply with the law,
no additional funding for border barrier construction is
provided and $5,000,000 is withheld from CBP until it submits a
plan that fully complies with congressional requirements.
There are also significant concerns about the negative
impacts of physical barriers on border communities and border
area ecology. While the Secretary may currently have the
authority to issue waivers to the requirements of
environmental, natural resource, and land management laws to
expedite construction of funded border barriers, that authority
does not obviate the obligation to provide Congress with an
analysis of such impacts as part of the justification for new
barriers prior to funds being appropriated. A report on border
barrier environmental impacts and mitigation options required
by House Report 116-180 was to be submitted to the Committee in
late June and is now overdue. In anticipation of receiving that
report, the bill recommends $75,000,000 to begin mitigating the
impacts of border barrier construction on federal lands,
including through land acquisition.
Detention Beds
The Committee recommendation includes funding to support an
overall average daily population in detention for single adult
aliens of 22,000 during fiscal year 2021, which will allow ICE
to arrest, detain, and remove high priority individuals while
also reflecting the Department's continued use of the inaptly
named ``Migrant Protection Protocols'' program, asylum
cooperative agreements, and expedited removal programs that
require no ICE detention capacity. While DHS continues to use
these novel and legally suspect approaches to turning asylum
seekers and other migrants away at the border, any associated
requirement for ICE detention beds does not exist. In addition,
the bill reduces a portion of the funds appropriated for
detention for each day that CBP continues to immediately return
most migrants to Mexico or to their countries of origin without
due process under the Department of Health and Human Services
(HHS) order first issued on March 20, 2020.
Pandemic Response
The Committee is closely monitoring the Department's
estimates of how the COVID-19 pandemic will impact departmental
operations, programs, and funding requirements, both for fiscal
year 2020 and for fiscal year 2021. To date, Congress has
appropriated $45,873,000,000 for DHS pandemic response
activities, including $476,000,000 for Operations and Support,
$400,000,000 for Federal Assistance; and $44,997,000,000 for
the Disaster Relief Fund. Another $289,000,000 was made
available to CBP and ICE via transfer from the Department of
Health and Human Services for pandemic-related medical care of
individuals in DHS custody. Additional funding for Federal
Assistance is currently awaiting Senate action.
While it is too early to effectively estimate the impact of
the pandemic on the Department's fiscal year 2021 requirements,
the Committee stands ready to address those needs based on
formal requests from the Administration as the appropriations
process moves forward.
Due Process Rights of Migrants
There is a strong bipartisan consensus on the importance of
homeland security, even if the focus in recent years has too
often been on funding and policy disagreements related to
border security and immigration enforcement. The COVID-19
pandemic has reinforced the importance of homeland security
beyond the immigration issue, particularly as FEMA has taken a
major response coordination role.
It is unfortunate, therefore, that the Administration has
taken advantage of the current crisis to continue its
aggressive and unbalanced obsession with vastly curtailing
legal immigration to the United States and significantly
eroding the rights of asylum seekers and others who enter the
country fleeing desperate circumstances. Time and time again,
this Administration's response to challenges at the border has
been to ignore or seemingly even exacerbate the negative
impacts on migrants.
One of the latest examples has been the Department's abuse
of title 42 authority under the Order Suspending Introduction
of Certain Persons From Countries Where a Communicable Disease
Exists, which was first issued by HHS on March 20, 2020. While
prudent precautions are unarguably required during a worldwide
pandemic to prevent the further spread of illness, the extreme
policies of quickly removing almost all migrants who cross the
border, including asylum-seeking families and unaccompanied
children, are not required and are likely not legal as
currently implemented. Once again, faced with the need to
balance competing values and priorities, the Administration and
the Department of Homeland Security have readily jettisoned the
rights of vulnerable migrants, sending them back across the
border where their security and health are in serious jeopardy.
While the order permits CBP to take humanitarian concerns into
consideration when implementing the order, there is no
indication that such concerns are being taken into account.
According to the Federal Register notice from HHS, ``the
danger to public health that results from the introduction of
[migrants] into congregate settings at or near the borders is
the touchstone of this order'' because it would exhaust local
or regional healthcare resources'' and ``further expose local
or regional healthcare workers to COVID-19.'' At the same time
CBP began enforcing this order, however, it was demobilizing
temporary holding facilities along the southern border that
might otherwise have been repurposed to safely allow more
asylum seekers and others fleeing desperate circumstances to
seek protection in the United States while minimizing any
danger to public health.
The Administration has taken an antithetical approach for
individuals detained in ICE detention facilities. While the ICE
detention population has decreased over the course of the
pandemic, most of that drop is attributable to the reduced
number of individuals transferred to ICE custody from CBP. ICE
has made only modest changes to its interior enforcement
posture and the resulting drop in the detention population has
been late and entirely insufficient; in late June, more than
2,600 detained individuals were being monitored for potential
COVID-19 infection, another 809 had tested positive, and at
least two had died of the illness.
ICE detention is civil detention; almost no one in ICE
custody is a criminal in the sense of having been convicted of
a crime for which they have not served a criminal sentence.
That is not to say that some individuals ICE arrests and
detains are not threats to public safety; but the vast majority
of detained individuals to whom ICE refers as criminals or
fugitives pose no such threat and, were they U.S. citizens,
there would be no clamor and no authority to detain them. It is
not, nor should it be, ICE's mission to require anyone to
essentially serve a second criminal sentence for the same
crime--which should be considered unconstitutional.
Unfortunately, the Administration's misleading rhetoric on this
issue distorts the public's view of ICE's mission, leads to
unnecessary detention costs, and dehumanizes people who are
placed in immigration removal proceedings.
There is a long running debate about how high a priority
immigration enforcement should be compared to other homeland
security priorities. During a pandemic, however, it should be
clear that detention in congregate settings is neither safe for
those who are detained nor for those assigned to monitor their
custody. Just as the crowding of CBP's short term holding
facilities should be avoided during the pandemic, so should ICE
detention facilities, which provide little opportunity for
social distancing and are understaffed for the level of medical
monitoring now required.
Defiance of Congressional Intent and Oversight
This Administration and the Department have increasingly
ignored the constitutional role of Congress in providing
oversight of the Executive Branch. The Administration ignored
the will of Congress, represented by the agreements on border
wall construction funding in Public Law 116-6 and Public Law
116-93, to limit fiscal year 2019 and fiscal year 2020 funding
for border barriers. Instead, the Administration diverted
billions of dollars from Department of Defense accounts that
Congress intended for Department of Defense priorities. To
partially compensate for this Administration overreach, the
bill rescinds $1,375,000,000 from CBP's Procurement,
Construction, and Improvements account, the amount appropriated
in fiscal year 2020 for border wall construction.
The Department has also provided inadequate and untimely
responses to numerous and repeated requests for information by
the Committee--bipartisan requests for information appropriate
and necessary for fulfilling the Committee's oversight role,
including requests for details on funding execution and
personnel hiring from CBP, ICE, U.S. Citizenship and
Immigration Services (USCIS), and the United States Secret
Service; metrics and data necessary for evaluating ``pilot''
programs; guidance to personnel and data on new expedited
removal pathways and the legally questionable Return to Mexico
program; briefings and information from the Department's Chief
Medical Officer and CBP related to medical guidance governing
CBP operations; guidance to CBP personnel on family separation;
resistance to requests for information from CBP and ICE on
expulsions carried out under the Secretary's interpretation of
title 42 authority; details regarding ICE's interior
enforcement, detention, and removal operations; information on
FEMA's pandemic response planning; and information related to
the Coast Guard's procurement decisions. As a consequence,
funding levels for various departmental headquarters offices
are reduced.
In addition, the Department has violated the long-standing
agreement on proposed reprogramming and transfer actions,
whereby the Department seeks concurrence from the Committee
prior to implementing such actions and works with the Committee
to resolve impediments to such concurrence. As a result, the
bill provides no transfer authority and limits most
reprogramming activity for the Department in fiscal year 2021.
USCIS Operations
USCIS responsiveness has improved incrementally since mid-
May, when the agency provided the Committee with technical
assistance on an emergency funding requirement stemming from an
imbalance between fee revenue and operational costs. Curiously,
despite acknowledging the agency's funding shortfall, the
Office of Management and Budget has failed to submit a formal
request for emergency funding.
While USCIS has asserted that its shortfall in resources is
due primarily to impacts of the COVID-19 pandemic, close
analysis indicates that the agency has ramped up its
administrative, vetting and fraud detection activities in a way
that has been unsustainable, and with no convincing
justification beyond the directives of the White House. The
Committee is working with USCIS and the House Judiciary
Committee, which has jurisdiction over USCIS fee funding, to
draft a recommendation for emergency funding that would ensure
USCIS can continue operating for the rest of fiscal year 2020
and into fiscal year 2021, while also imposing new oversight
requirements and fee revenue authorities to help prevent future
funding shortfalls and prevent the burden of the current
shortfall from falling on applicants for immigration benefits.
Summary
Title I contains funds for departmental management and
oversight activities, biometric identification services, and
law enforcement and protective security services at federally
owned, leased, or operated facilities. Title II ensures the
Department's frontline operational components have the
resources to carry out effectively their security, enforcement,
and investigative missions. Title III includes funds necessary
to prepare for, respond to, and recover from disasters and
cyber-attacks on the population or the nation's critical
infrastructure. Title IV supports citizenship, immigration, and
employment eligibility verification services; law enforcement
training; research and development functions; and efforts to
counter chemical, biological, radiological, and nuclear
threats. Title V includes basic general provisions for
oversight, reprogramming limitations, reporting requirements,
and funding limitations.
Account level funding details at the program, project, and
activity levels are included in the back of this report.
TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND
OVERSIGHT
Mission
The mission of Departmental Management, Operations,
Intelligence, and Oversight is to provide leadership and
services to DHS components; formulate policy guidance and
directives; disseminate intelligence; identify and track
performance measurements relating to DHS missions; and provide
oversight for all DHS operations.
Office of the Secretary and Executive Management
The Office of the Secretary and Executive Management (OSEM)
plans and executes departmental strategies to accomplish agency
objectives and provides policy guidance to departmental
components.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020....................... $168,808,000
Budget request, fiscal year 2021...................... 150,359,000
Recommended in the bill............................... 151,868,000
Bill compared with:
Appropriation, fiscal year 2020................... -16,940,000
Budget request, fiscal year 2021.................. +1,509,000
The recommendation includes increases above the request
totaling $19,588,000 to help maintain current services as
follows: $43,000 for the Office of the Secretary; $1,415,000
for the Privacy Office; $2,113,000 for the Office of Strategy,
Policy, and Plans; $5,081,000 for the Office of Civil Rights
and Civil Liberties (CRCL); $753,000 for the Office of the
Citizenship and Immigration Services Ombudsman; $10,000,000 for
the Office of the Immigration Detention Ombudsman; and $183,000
for the Office of Partnership and Engagement.
In addition, the Committee provides $19,000,000 in
enhancements above the request, including: $1,000,000 for the
Office of Strategy, Policy, and Plans; $6,500,000 for CRCL;
$10,000,000 for the Office of the Immigration Detention
Ombudsman, for a total for the office of $20,000,000; and
$1,500,000 for the Office of Partnership and Engagement;
Proposed amounts are reduced by $37,079,000, consisting of
$1,079,000 for Awards Spending, $7,000,000 as a general
reduction, and $29,000,000 due to inadequate responsiveness to
requests for information to inform Committee oversight,
including $3,000,000 from the Office of the Secretary;
$1,500,000 from the Office of Legislative Affairs; 4,500,000
from the Office of General Counsel; and $20,000,000 from the
Office of Strategy, Policy, and Plans.
Access to Counsel.--The Committee is concerned about
reports of DHS components denying attorney access to clients in
DHS custody and failing to permit meaningful attorney
participation in credible or reasonable fear screenings and
non-refoulement interviews taking place in CBP custody. A
provision is included in the bill prohibiting the use of funds
to obstruct migrants from having unimpaired access to counsel,
including prospective pro-bono counsel, and requiring the
Secretary and the CRCL Director to certify to the Committee as
to whether such obstruction is occurring.
In addition, not later than 60 days after the date of
enactment of this Act, the Committee directs the Secretary to
develop and make publicly available online a procedure for
reasonable and timely attorney access to clients at each land
port of entry, CBP holding facility along the southern land
border, and ICE detention facility, including processes for
ensuring that attorneys are able to communicate in person or
via telephone in any credible or reasonable fear screening or
non-refoulement interview taking place while the individual is
in custody. DHS shall also provide free unimpeded access to
telephones for all individuals held in its custody.
Blue Campaign.--The recommendation includes an increase
above the request of $1,000,000 to the Office of Partnership
and Engagement (OPE) for the Blue Campaign, for a total of
$2,160,000 for the program. A department-wide initiative to
combat human trafficking, the Blue Campaign has historically
been funded through end-of-year contributions from components,
an approach that is inappropriate for the program's long-term
sustainment. In addition to this direct appropriation, DHS is
directed to account for and propose full, direct funding for
program operations in the justification materials that
accompany future budget submissions.
The Committee recognizes the importance of Blue Campaign
work with private sector and non-profit organizations to
identify and report human trafficking and notes that House
Report 116-180 directed OPE to provide a briefing on the
potential for in-person training of airline personnel on
recognizing the signs of human trafficking and for expanding
such training to include the identification of individuals at
risk for forced marriage abroad. The briefing provided by OPE
on June 30, 2020, concluded that the large number of airline
personnel nation-wide makes in-person training challenging and
noted that adding new training modules to identify signs of
forced marriage abroad or other trafficking indicators would
require OPE to partner across the federal government and
academia to define such indicators. Within the additional
funding recommended for the Blue Campaign, OPE is urged to
pilot in-person, interactive training approaches and to add
additional modules, including forced marriage indicators, to
its training curriculum.
Chief Medical Officer (CMO).--DHS is directed to comply
with the direction in the Explanatory Statement accompanying
Public Law 116-93 addressing the review of all medical
contracts and development of requirements for medical services.
It is the expectation of the Committee that the Chief Medical
Officer will have a lead role in the development of any related
contract requirements, requests for information and proposals,
and reviews of bids and offers for any DHS component to ensure
they include the appropriate requirements for medical services,
including but not limited to professional healthcare system
administration; disease surveillance, reporting, and outbreak
response; and measurable performance standards for current and
future healthcare record systems.
Additionally, DHS is reminded of the requirement in the
Explanatory Statement accompanying Public Law 116-93 concerning
a medical strategy. The Committee encourages the Secretary to
delegate this effort to the Department's Chief Medical Officer.
Counterfeit and Pirated Goods.--The report to the President
on Combating Trafficking of Counterfeit and Pirated Goods
includes an 11-point action plan to help commerce stakeholders
become more active in preventing the online trafficking of
counterfeit and pirated goods. The Committee directs the
Department to provide an update on the implementation of the
action plan within 30 days of the date of enactment of this
Act. In addition, the Department is directed to include in its
annual budget justifications a display on the implementation
status of this initiative.
CRCL Compliance Division.--The Committee recommends
$36,161,000 for CRCL, including an increase of $1,500,000 for
the Compliance Division to enhance the monitoring and
investigation of Secure Communities; the 287(g) program; the
Criminal Alien Program; detention facility conditions and
contracting; Fugitive Operations; enforcement at and near
sensitive locations, including courthouses, hospitals, houses
of worship, and schools; protections for crime victims and
witnesses; access to interpretation services; and border
enforcement actions, including due process protections and the
treatment of individuals in CBP facilities. Not later than 30
days after the date of enactment of this Act, CRCL shall
provide an obligation plan to the Committee on the use of funds
provided above the budget request.
CRCL shall ensure that all individuals whose complaints it
investigates receive information within 30 days of the
submission of a final report or recommendations memorandum,
including findings of fact, conclusions, and recommendations.
CRCL shall also ensure that such information is included in its
annual report to Congress, consistent with individual privacy
protections.
Freedom of Information Act (FOIA) Backlog Reduction Plan.--
The Committee notes that the November 8, 2019, plan the
Department provided to the Committees on April 17, 2020, for
eliminating the department-wide backlog of FOIA requests by the
end of fiscal year 2022 failed to include any funding
estimates, as required by House Report 116-80. The Secretary
shall provide an updated plan within 90 days of the date of
enactment of this Act that includes such funding estimates.
Homeland Security Academic Advisory Council.--Following the
termination of the Homeland Security Academic Advisory Council,
the Committee is aware of support for increased departmental
engagement with higher education institutions on a range of
issues, including foreign influence; student and recent
graduate recruitment; international students; academic research
and faculty exchanges; campus resilience; homeland security
academic programs; visa processing; proposed regulatory
changes; and cybersecurity. Within the funds provided, the
Secretary is directed to support expanded outreach to
universities, including through the establishment of an
advisory body consisting of representatives of universities and
education associations.
Immigration Case Processing.--The Committee is aware that
the Department is working with the Department of Justice (DOJ)
to develop a common, interoperable and automated immigration
case processing system for DHS and DOJ components that have
immigration related responsibilities. The Committee directs the
Office of Policy to provide an update on the implementation
plan for this system within 90 days of the date of enactment of
this Act.
Immigration Data Integration Initiative.--The Committee
recommends $3,113,000 above the request for the Immigration
Data Integration Initiative, which is focused on enabling the
Department to provide timely reporting of border security and
immigration enforcement data. Such data is important for
informing component operations and for supporting departmental
and congressional oversight. Specifically, the initiative will
enable DHS to develop uniform immigration data standards;
provide stakeholders with real- or near real-time access to
relevant data; ensure that immigration records are fully linked
across DHS and other federal agency data systems; and meet
transparency requirements directed by the Committee.
Joint Cybersecurity Coordination Group.--The Committee
recommendation includes $2,596,000 for the Joint Cybersecurity
Coordination Group (JCCG), as requested. The JCCG will serve as
a coordinating entity that will help the Department identify
strategic priorities and synchronize cyber-related activities
across the operational components. Not later than 180 days
after the date of enactment of this Act, the JCCG and the
Cybersecurity and Infrastructure Security Agency (CISA) shall
jointly brief the Committee on the Department's efforts to
develop, plan, and execute strategic operational priorities for
long-term cyber protection and deterrence in a risk reduction
framework. The briefing shall include a particular focus on how
the JCCG mission does not overlap on or intrude into CISA's
mission and shall also address the potential benefits of
adopting a'' Cybersecurity as a Service'' approach to better
mitigate risk across the Department.
Joint Requirements Council.--The Committee directs the
Department to continue providing quarterly updates on Joint
Requirements Council activities.
Metrics and Reporting on Removals, Expulsions, and
Returns.--The bill includes a provision requiring the Secretary
to establish, collect, and report on metrics related to
migrants who are removed under the Department's novel expedited
removal pathways, including the so-called Humanitarian Asylum
Review Process and Prompt Asylum Claim Review programs;
expelled under the Secretary's interpretation of title 42
authority; or returned under the Return to Mexico program and
asylum cooperative agreements. The bill withholds $10,000,000
from the Office of the Secretary and Executive Management until
the Secretary submits the first semi-monthly data required by
this provision.
National Use of Force Database.--The Committee directs the
Department to develop policies and procedures to submit use of
force data by departmental law enforcement components to the
Federal Bureau of Investigation's (FBI) National Use of Force
Data Collection database. The Committee further directs the
Department to update the Committee, not later than 90 days
after the date of enactment of this Act, on its efforts to
tabulate and submit its use of force data to the FBI.
Office of the Immigration Detention Ombudsman.--The
recommendation includes a total of $20,000,000 for the Office
of the Immigration Detention Ombudsman. The annual report of
the Immigration Detention Ombudsman, as required by Public Law
116-93, shall include descriptions of its activities, findings,
and recommendations, including a copy of any complaint form or
mechanism created; the number and types of complaints received,
investigated, referred to the Office of Detention Oversight,
and referred to the Office of Inspector General. In addition,
the Ombudsman shall brief the Committee quarterly on the
Office's activities.
The Committee notes that the Secretary has not yet
appointed a qualified individual to the ombudsman position and
reminds the Department that Public Law 116-93 withholds
$500,000 from the Office of the Secretary until that
appointment is made.
Performance Measures.--The Committee directs all agencies
funded by this Act to comply with title 31 of the United States
Code, including the development of their organizational
priority goals and outcomes such as performance outcome
measures, output measures, efficiency measures, and customer
service measures.
Public Complaint and Feedback System Working Group.--The
Committee continues to support efforts to improve departmental
performance in its interactions with the public and includes an
increase of $500,000 to support the activities of the Public
Complaint and Feedback System Working Group. The Working Group
should work to develop standards to improve customer service
and incorporate such standards into the performance plans
required under 31 U.S.C. 1115. The Office of Partnership
Engagement shall continue to brief the Committee semi-annually
on the progress of the Working Group, as described in the
explanatory statement accompanying Public Law 115-141.
Sodium Cyanide.--The Committee is aware of concerns about
certain containers used to import sodium cyanide briquettes for
use in mining operations. The Department is directed to work
with the Environmental Protection Agency and the Department of
Transportation to assess the safety and security of so-called
``bag-box'' containers when used to import sodium cyanide. Not
later than 45 days after the date of enactment of this Act, the
Department and these agency partners are directed to jointly
brief the Committee on whether such containers pose a safety or
security threat that might warrant a legal or regulatory
prohibition on the use of such containers.
Strategic Response Strategy for Biological Threats.--The
Committee directs the Secretary to establish and maintain a
strategic response strategy for biological threats that have
the potential to impact the ability of the Department to
execute or sustain its homeland-security mission. The Committee
directs DHS to provide a briefing on the strategy not later
than 120 days after the date of enactment of this Act. At a
minimum, the strategy should contain a plan to safeguard front-
line personnel, travelers, and migrants at and between the land
ports of entry and procedures that facilitate international
trade and all essential travel by U.S. citizens and lawful
permanent residents seeking entry into the United States.
Targeted Violence and Terrorism Prevention.--A total
increase of $80,000,000 is provided for Targeted Violence and
Terrorism Prevention (TVTP), including increases of $11,000,000
for the TVTP Office within the Office of Strategy, Policy, and
Plans; $10,000,000 for TVTP grants under the Federal Emergency
Management Agency; $1,000,000 through the Federal Law
Enforcement Training Centers; $20,000,000 through Intelligence,
Analysis, and Operations Coordination; $31,000,000 through the
Cybersecurity and Infrastructure Security Agency; and
$7,000,000 through the Science and Technology Directorate.
Over the last few decades, white supremacists and other
far-right extremists have been responsible for almost three
times as many targeted attacks on U.S. soil as Islamic
terrorists. One of the most recent examples was the brazen
murder of contract Federal Protective Service Officer David
Patrick Underwood and the injury of a second officer in
Oakland, California, in late May, allegedly by an individual
associated with a far-right extremist group; the same
individual allegedly murdered a Santa Cruz County, California,
law enforcement officer. The Committee is supportive of the
rebalancing of resources throughout the Department to reflect
this preponderance of threat. The Committee directs the Office
of Strategy, Policy, and Plans to continue to provide regular
updates on the programs and activities of the Office for TVTP,
including its efforts to broaden the Department's focus on
countering domestic extremism, terrorist radicalization, and
recruitment.
Training.--The Committee supports vigorous action to
improve training for all federal, state and local law
enforcement officers on racial profiling, implicit bias,
procedural justice, the use of force, and the duty for officers
to intervene when witnessing the use of excessive force against
civilians. The Committee therefore directs the Secretary to
work with the Attorney General and the Federal Law Enforcement
Training Centers to establish improved, mandatory training on
these topics for all federal law enforcement officers, along
with the development of related standards that can be applied
in hiring and performance assessments. Such standards should be
designed to also apply to state and local governments as an
eligibility requirement for receiving federal grant funding,
including State Homeland Security Program grants and Urban
Areas Security Initiative grants. These training requirements
and standards should be based on the related provisions in H.R.
7120, as passed by the House of Representatives in June 2020.
The Committee recommends an increase of $4,700,000 above
the request for the Federal Law Enforcement Training Centers to
expand use of force and de-escalation training to additional
state and local law enforcement personnel.
Transnational Criminal Use of Agriculture Imports.--The
Committee is concerned with reports that transnational criminal
organizations (TCO) are combining narcotics smuggling and money
laundering with agriculture operations, thereby further
subsidizing foreign produce and harming domestic farm
operations. TCOs have concealed narcotics or comingled them
within produce shipments entering the United States, while
comingling or concealing illicit financial proceeds within
goods or merchandise being exported from the country. The
Committee directs the Department to determine the extent of TCO
involvement in foreign produce bound for the United States and
to brief the Committee on efforts taken to address these
threats in fiscal years 2020 and 2021 and how those efforts
compare to prior years.
Translation Services.--The Committee reminds the Department
of the requirement in House Report 116-180 to provide a plan
for ensuring access to appropriate translation services for all
individuals encountered by CBP, ICE, and U.S. Citizenship and
Immigration Services, including an estimate of related resource
requirements and the feasibility and potential benefit of these
components jointly procuring such services. The Committee looks
forward to receiving this overdue plan as soon as possible.
Travel Costs.--A provision is included in the bill
requiring the Department to provide a quarterly travel report
to the Committee not later than 30 days after the end of each
fiscal quarter, beginning with the end of the first quarter
after the date of enactment of this Act. The report shall
detail all direct and indirect costs of both official and
nonofficial travel by the Secretary and the Deputy Secretary,
delineated by trip for that quarter, within all DHS
appropriations.
Travel Restrictions.--The Committee directs the Secretary
to work with the Government of Canada to establish and maintain
the following exemptions to the US-Canada non-essential travel
restrictions: family reunification and travel to secure
property with the appropriate quarantining measures recommended
by the Centers for Disease Control and Prevention.
Management Directorate
Mission
The mission of the Management Directorate is to provide
policy, guidance, operational oversight and support, and
management solutions for the Department.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020....................... $1,182,142,000
Budget request, fiscal year 2021...................... 1,402,196,000
Recommended in the bill............................... 1,401,757,000
Bill compared with:
Appropriation, fiscal year 2020................... +219,615,000
Budget request, fiscal year 2021.................. -439,000
The recommendation includes $4,105,000 above the request to
help maintain current services, including: $1,693,000 for the
Office of the Chief Procurement Officer; $1,154,000 for the
Office of the Chief Financial Officer; and $1,258,000 for the
Office of the Chief Information Officer. A reduction to the
request of $2,569,000 is associated with the proposal for Award
Spending.
Advertising Services.--The Committee directs the Department
to provide, as part of the fiscal year 2022 budget
justification or as a report to the Committee not later than 60
days after the date of enactment of this Act, the following
information: the total amount obligated for advertising service
contracts for the prior fiscal year and a target amount for the
current year and the budget year, including delineations of
such total amounts obligated to socially and economically
disadvantaged small business concerns, as defined in section
8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)), and to
women-owned and minority-owned businesses.
Obligation Plans.--The Department shall continue to submit
obligation plans on a quarterly basis, as detailed in Public
Law 114-113 and Public Law 115-31. The Office of the Chief
Financial Officer (OCFO) shall require the use of a uniform
obligation plan template to ensure consistency across
components, which shall include quarterly spending targets for
each account and PPA. Each component shall be required to
report to OCFO all actual obligations and expenditures within
20 days of the close of each quarter and OCFO shall provide the
consolidated set of plans to the Committee within 30 days of
the close of each quarter. OCFO will also be responsible for
ensuring that components with major acquisition programs
include the breakout of these programs within their quarterly
plans and provide additional context to describe and justify
any changes from the prior submission. During the period of any
continuing resolution, OCFO shall provide a briefing on the
corresponding obligation and budget execution plan, as directed
in House Report 114-215.
Shooting Ranges.--The Committee again reminds DHS of the
directive in House Report 116-9 to assess options for expanding
the availability of shooting ranges across departmental
components. The required briefing on this fiscal year 2019
directive shall be provided to the Committee as soon as
possible.
Summary Ratings.--The Committee directs the Department's
Chief Acquisition Officer to provide quarterly updates on
summary ratings for all Level 1 and 2 programs.
Traveler Identity Verification.--The Committee reminds the
Department of the requirement in House Report 116-180 to brief
the Committee on the status of testing CBP's Traveler
Verification System (TVS) in TSA's operational environment, and
the potential for TVS to serve as an enterprise level solution
for biometric identification of travelers for the Department.
The Committee looks forward to receiving this overdue
briefing as soon as possible.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020....................... $381,298,000
Budget request, fiscal year 2021...................... 359,450,000
Recommended in the bill............................... 359,450,000
Bill compared with:
Appropriation, fiscal year 2020................... -21,848,000
Budget request, fiscal year 2021.................. - - -
Headquarters Consolidation.--The Committee directs the
Department to provide an update on headquarters consolidation
not later than 30 days after the date of enactment of this Act.
FEDERAL PROTECTIVE SERVICE
Appropriation, fiscal year 2020....................... $1,559,930,000
Budget request, fiscal year 2021...................... 1,588,748,000
Recommended in the bill............................... 1,588,748,000
Bill compared with:
Appropriation, fiscal year 2020................... +28,818,000
Budget request, fiscal year 2021.................. - - -
Mission
The Federal Protective Service (FPS) delivers law
enforcement and protective security services to federally
owned, leased, or operated facilities.
The Committee recommends $1,588,748,000 for the FPS, the
same as the amount requested, which is fully offset by fees
collected from FPS customer agencies.
Intelligence, Analysis, and Operations Coordination
Appropriation, fiscal year 2020....................... $284,141,000
Budget request, fiscal year 2021...................... 312,638,000
Recommended in the bill............................... 311,263,000
Bill compared with:
Appropriation, fiscal year 2020................... +27,122,000
Budget request, fiscal year 2021.................. -1,375,000
Mission
The missions supported through Intelligence, Analysis, and
Operations Coordination are twofold: to equip the Homeland
Security Enterprise with timely intelligence and information to
keep the homeland safe, secure, and resilient; and to provide
operations coordination, information sharing, situational
awareness, a common operating picture, and departmental
continuity.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020....................... $284,141,000
Budget request, fiscal year 2021...................... 312,638,000
Recommended in the bill............................... 311,263,000
Bill compared with:
Appropriation, fiscal year 2020................... +27,122,000
Budget request, fiscal year 2021.................. -1,375,000
Recommended adjustments to classified programs and more
detailed oversight of funding for the Office of Intelligence
and Analysis are addressed in the classified annex accompanying
this report.
Office of Inspector General
Appropriation, fiscal year 2020....................... $190,186,000
Budget request, fiscal year 2021...................... 177,779,000
Recommended in the bill............................... 190,186,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. +12,407,000
Mission
The DHS Office of Inspector General (OIG) conducts and
supervises independent audits, investigations, and inspections
of DHS programs, projects, and activities; identifies fraud,
abuse, mismanagement, and inefficiencies in the use of funds;
and makes recommendations for improving the execution of DHS
missions.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020....................... $190,186,000
Budget request, fiscal year 2021...................... 177,779,000
Recommended in the bill............................... 190,186,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. +12,407,000
The recommendation includes increases to the request
totaling $12,407,000 to partially restore current services. A
reduction of $952,000 to the request is associated with a
proposed increase in awards spending.
Border Security and Immigration Oversight.--The OIG is
directed to enhance oversight and investigations related to
immigration and border security policies and activities,
including: the implementation of executive orders and policies;
enhanced vetting; processing delays or denials associated with
immigration benefit applications, particularly those
disproportionately affecting a particular applicant category;
Deferred Action for Childhood Arrival renewals; safeguards for
the due process rights of asylum seekers and other migrants;
the implementation of the ``Migrant Protection Protocols,''
``Asylum Cooperative Agreements,'' the ``Prompt Asylum Claim
Review'' program, and the ``Humanitarian Asylum Review
Process;'' the ``Criminal Alien Program'' and the ``Fugitive
Operations'' program; random inspections of ICE and CBP
detention facilities; detention facility contracting; the
287(g) and Secure Communities programs; and enforcement
activities at and near sensitive locations. Within the amount
provided, at least $300,000 shall be dedicated to obtaining
expert support for unannounced inspections of ICE and CBP
detention facilities, including experts in the fields of
medical care, mental health care, hygiene, and sanitation.
The OIG is directed to provide a briefing to the Committee,
not later than 30 days after the date of enactment of this Act,
detailing the funding baseline for its activities in these
areas during fiscal years 2019 and 2020.
Deaths in Custody.--The Committee is particularly concerned
about the deaths of individuals in the custody of ICE and CBP.
In addition to the categories of activities noted in the
section above, the OIG is directed to invest additional
resources in assessing whether systemic factors, policies, or
processes have played a role in such deaths and make
recommendations for reducing the risk of future deaths.
Reports and Detention Inspections.--The Committee is
concerned by the recent reduction in the number of OIG reports.
While the number of reports published is not an absolute
measure of OIG productivity, it is a quantifiable metric that
is related to workload for purposes of resource analysis. In
fiscal year 2015, for instance, the OIG published a total of
161 reports, but has only published 40 reports during the first
three quarters of fiscal year 2020.
The COVID-19 pandemic has likely contributed to reduced
productivity during the past few months, but it is insufficient
as an explanation for the broader trend that became apparent
during the first half of the fiscal year. When comparing the
first half of fiscal year 2015 to the first half of 2020, the
number of published reports decreased from 61 reports to 22
reports, a reduction of 64 percent. The Committee notes that
OIG funding for the current year is 42 percent higher than
fiscal year 2015, increases that allowed the OIG to hire for an
additional 100 positions, or an increase of over 15 percent.
Equally concerning are questions about the timeliness and
thoroughness of the reporting related to immigration detention
and enforcement. Several members of Congress have expressed
such concerns in writing to the Department, including concerns
about inadequate investigations into the tragic deaths of
migrants in CBP custody. In two instances, those investigations
took over a year and were published without any
recommendations. One of the reports consisted of only a one-
page summary of findings. Another investigation into the death
of a child in June 2019 is still awaiting completion.
Most concerning, the OIG has been directed and explicitly
funded in recent years to increase the frequency of its
unannounced inspections of the Department's detention centers
but conducted only three such inspections of ICE facilities in
fiscal year 2019, despite numerous and continued allegations of
deficient care. When asked by the Committee about plans for
increased unannounced inspections, the OIG indicated that
although it planned to conduct 38 unannounced inspections in
fiscal year 2020, it had completed only three such inspections
prior to the imposition of COVID-19 travel restrictions.
On June 18, 2020, the OIG published a report, Early
Experiences with COVID-19 at ICE Detention Facilities (OIG-20-
42) based on survey results and policy reviews at ICE detention
centers. Given the gravity of concerns with ICE detention, it
was disappointing to learn that the OIG used its resources to
conduct a simple survey that allowed the agency and its
contractors to evaluate themselves. Not only is this a concern
regarding the use of resources, but also about the loss of time
to institute timely corrective actions where a communicable
disease has captured the world's attention and the lives and
health of detainees and detention facility personnel are at
risk. The OIG has indicated that it is in the process of
planning on-site inspections as a follow-on to the survey; the
Committee urges the OIG to proceed with all due haste and looks
forward to a report on the results.
At a minimum, the Committee directs that future reviews and
inspections of DHS detention operations:
1. be thorough to evaluate actual conditions at facilities
and be based on a sufficiently large, representative sample of
unannounced inspections;
2. involve meaningful, confidential conversations with
detained individuals, using interpreters as needed; and
3. include interviews with legal service providers and
visitation groups.
Not later than 30 days after the date of enactment of this
Act, the OIG is directed to brief the Committee on its planned
use of fiscal year 2021 funding in line with the directives in
this report. That briefing should include a description of how
the OIG determines which complaints are sufficiently serious to
warrant an OIG investigation and which complaints it determines
can be effectively investigated at the component level.
Unannounced Inspections.--The OIG shall continue
unannounced inspections of immigration detention facilities and
publish the results of such inspections and other reports
related to custody operations activities on its public website.
Title I--Administrative Provisions--This Act
Section 101. The Committee continues a provision requiring
the Department to submit a report to the Inspector General
regarding grants or contracts awarded by means other than full
and open competition and requires the Inspector General to
review such grants or contracts and report the results to the
Committees.
Section 102. The Committee includes a provision requiring
the Chief Financial Officer of the Department to provide a
monthly budget and staffing report to the Committees.
Section 103. The Committee continues a provision requiring
the Secretary to link all contracts that provide award fees to
successful acquisition outcomes.
Section 104. The Committee continues a provision requiring
the Secretary to notify the Committees of any proposed transfer
of funds from the Department of Treasury Forfeiture Fund to any
DHS component and modifies it to prohibit the use of such funds
for border security infrastructure.
Section 105. The Committee continues a provision related to
official costs of the Secretary and Deputy Secretary.
Section 106. The Committee includes a provision requiring
the Secretary to collect and publish data on asylum cooperative
agreements signed with other countries, expedited removal
programs, and the Migrant Protection Protocols program.
Section 107. The Committee includes a provision requiring
the Secretary to conduct a survey and report to Congress on the
extent of human trafficking in the United States.
Section 108. The Committee includes a provision requiring
the Secretary to conduct pilot programs in certain states
allowing Mexican citizens with certain identification documents
to travel more extensively in those states.
Section 109. The Committee includes a provision requiring
the Secretary to provide quarterly reports on the travel of the
Secretary and Deputy Secretary.
Section 110. The Committee includes a provision limiting
the use of funds for pilot programs unless the Secretary first
provides information to the Committee related to the goals and
evaluation of such programs.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
Appropriation, fiscal year 2020*...................... $14,915,867,000
Budget request, fiscal year 2021...................... 15,558,792,000
Recommended in the bill............................... 14,407,785,000
Bill compared with:
Appropriation, fiscal year 2020................... -508,082,000
Budget request, fiscal year 2021.................. -1,151,007,000
*Note--total includes $233,000,000 in emergency funding.
Mission
The mission of U.S. Customs and Border Protection (CBP) is
to enforce laws regarding the admission of foreign-born persons
into the United States and facilitate the flow of legitimate
trade and travel.
OPERATIONS AND SUPPORT
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2020*...................... $12,735,399,000
Budget request, fiscal year 2021...................... 12,987,432,000
Recommended in the bill............................... 13,240,238,000
Bill compared with:
Appropriation, fiscal year 2020................... +504,839,000
Budget request, fiscal year 2021.................. +252,806,000
*Note--total includes $203,000,000 in emergency funding.
The recommendation includes increases above the request for
the following: $241,445,000 to maintain baseline operations;
$20,000,000 for the Office of Professional Responsibility;
$2,000,000 for the Office of the Chief Financial Officer;
$25,000,000 for innovative technology; $2,000,000 for rescue
beacons for a total of $4,000,000; $4,000,000 for Carrizo cane
eradication, for a total of $6,000,000; $132,000,000 for 1,200
CBP Officers, to include 350 officers funded with fee revenue;
$7,000,000 for 70 Enterprise Services mission support
personnel; $3,000,000 for 30 Office of Field Operations
operational support positions; $30,000,000 for 200 agriculture
specialists; $20,000,000 for port of entry (POE) technology;
$14,044,000 for incident driven video recording systems; and
$5,000,000 for border patrol roads. The recommendation does not
provide funding increases requested for awards spending, Border
Patrol relocation and retention, additional Border Patrol
Agents, or to sustain Border Patrol hiring carried out above
the funded level in fiscal year 2020.
Border Barrier Mitigation Activities.--The Committee
continues to be concerned about the impacts of border barrier
construction on sensitive lands and wildlife along the
southwest land border, including in national wildlife refuges,
national forests, national monuments, wilderness areas, and on
imperiled species. CBP is reminded that House Report 116-180
requires a report on potential mitigation opportunities, which
is due to the Committee in late June. In anticipation of that
report, the Committee provides an additional $75,000,000 for
barrier mitigation in the Procurement, Construction, and
Improvements (PC&I) account.
Custody and Transfer Metrics.--The Committee continues the
direction in the explanatory statement accompanying Public Law
116-6 on custody and transfer metrics requiring the Department
to publish the following on a publicly accessible website on a
semimonthly basis: the number of migrants detained in CBP
facilities broken out by sector, field office, temporary
spaces, humanitarian care centers, and central processing
centers; and the utilization rates of all such facilities. On a
monthly basis, CBP shall publish the number of migrants
transferred out of CBP custody, delineated by transfer
destination, removal modality, and processing disposition. The
Committee is encouraged by CBP's efforts over the last six
months to build the capability to fulfill this reporting
requirement.
Deaths in Custody.--The Committee directs CBP to notify the
applicable consulate, congressional committees with relevant
jurisdiction, the Office of the Inspector General, and the
Office of Civil Rights and Civil Liberties within 24 hours of
the death of any individual in CBP custody or any individual
not in custody if CBP personnel were involved in the death. The
notification shall include the name of the individual and the
circumstances of the death. For purposes of this requirement,
CBP custody includes any individuals detained on CBP's behalf
by another law enforcement agency or admitted to a medical
facility while still in CBP's legal custody. The Committee also
directs CBP to:
(1) provide the same notifications to the public
after the next-of-kin have been notified, or after
reasonable efforts have been made to notify the next-
of-kin;
(2) preserve all video recordings of such individuals
during their time in custody until the completion of
all related investigations;
(3) conduct interviews of relevant parties regarding
the circumstances of the death;
(4) conduct an autopsy as part of a review of the
circumstances leading to the death; and
(5) with the assistance of independent clinicians,
conduct a prompt mortality review of each death,
including a review of whether the individual's
treatment in detention complied with CBP's standards on
Transport, Escort, Detention, and Search (TEDS).
Not later than 30 days after the end of each fiscal year,
CBP shall submit a report to the Committee detailing all such
deaths, including summaries of mortality reviews and compliance
with TEDS. In addition, the Office of Professional
Responsibility (OPR) shall brief the Committee on its findings
and associated recommendations for any deaths it investigates.
Definition of Death in Custody.--Not later than 60 days
after the date of enactment of this Act, CBP shall brief the
Committee on the definition of a death ``in custody'' and a
death ``not in custody'' that will be used in notifications and
investigations of any deaths. The Committee expects to be
notified of both types of death within 24 hours of the death.
Fee Revenue.--The Committee understands that the COVID-19
pandemic has had a significant impact on the collection of
trade and travel fee revenue on which the Office of Field
Operations depends for a significant portion of its operations.
Because the impact on fiscal year 2021 collections is uncertain
and still being estimated by CBP, the recommendation is based
on fee revenue estimates provided in CBP's budget request. As
reliable estimates of the pandemic's impact on fee collections
in the budget become available, the Committee will address
potential funding shortfalls later in the appropriations
process.
Human Smuggling.--The Committee is concerned about reports
that transnational criminal organizations may combine narcotics
and humans in illicit smuggling attempts, thereby endangering
the lives of individuals being smuggled. The Committee directs
the Department to work with its federal law enforcement
partners to ensure that the enforcement of anti-drug and anti-
smuggling laws is carried out in a manner protective of human
life and safety. In particular, DHS should work to prevent the
passage of any vehicle through a checkpoint or port of entry
for purposes of a controlled delivery by another law
enforcement agency if the vehicle may contain individuals being
smuggled under unsafe conditions, such as the smuggling of one
or more individuals in a confined or non-air conditioned space.
Incident-Driven Video Recording System.--The Committee
provides $14,044,000 to deploy the Incident-Driven Video
Recording System to additional Border Patrol Stations. This
enhancement is in addition to $20,000,000 provided for this
purpose in Public Law 116-93. Not later than 90 days after the
date of enactment of this Act, CBP shall brief the Committee on
the execution plan for the effort, to include an implementation
schedule and relevant policies and procedures for the use of
the technology and retention of and access to video data.
Innovative Technology.--The Committee recommends a total of
$55,000,000 for innovation technologies, to include $25,000,000
within Operations and Support (O&S) and $20,000,000 under PC&I.
CBP is encouraged to review such technologies as mobile mini-
aerostat surveillance systems, Intelligence-Surveillance-
Reconnaissance technologies, countermeasures for unmanned
aerial vehicles, geospatial search and rescue platforms, remote
sensing technologies, high altitude persistence drones, and
innovative tower technologies. CBP is directed to update the
Committee on the planned obligation of these funds not fewer
than 15 days prior to any obligation of funds. Funding shall
not exceed $5,000,000 for any individual project.
Migrant Care.--To address deficiencies in CBP's guidance
and associated implementation plans for ensuring the humane
care of migrants in custody, the Commissioner shall modify the
existing guidance to include the following:
(1) Initial Health Screening.--Health screening shall
include an interview, questionnaire, and physical exam,
including a measurement of vital signs and an age-
appropriate assessment of signs, symptoms, or risks,
including for communicable diseases, mental health
conditions, or traumatic experiences.
(2) High-Priority Populations.--The initial health
screening shall take place within six hours of being
detained for individuals requiring prompt medical
attention or who exhibit signs of acute or potentially
severe physical or mental illness; have an acute or
chronic physical or mental disability or illness;
pregnant women; children; and elderly individuals.
(3) Medical Equipment and Personnel.--Each location
to which detainees are first transported after an
initial encounter shall have the necessary equipment
and trained personnel to conduct the initial health
screening, prevent the spread of communicable diseases,
provide basic over-the-counter medications appropriate
for all age groups, and provide basic mental health
interventions for children or other vulnerable
individuals. Detainees shall not be deprived of the use
of any medication required to manage a chronic illness.
(4) Access to Water and Food.--In lieu of the report
directed in House Report 116-80, the Committee directs
the CBP to ensure that detainees have access to not
less than one gallon of water per person per day; three
meals per day totaling not fewer than 2,000 calories
per day for adults; food with age-appropriate calorie
content for children under the age of twelve; and
accommodations for any dietary needs or restrictions.
(5) Holding Facility Standards.--The Committee
directs CBP to ensure, within 60 days of the date of
enactment of this Act, that each facility at which an
individual is detained is well lit and well ventilated,
with humidity and temperature kept at comfortable
levels (between 68 and 74 degrees Fahrenheit), and has
noise levels that are safe and conducive for sleeping
throughout the night between the hours of 10:00 in the
evening and 6:00 in the morning. In addition, each
detainee shall be provided with clean and temperature
appropriate clothing and bedding and no detainee may be
placed in a room for any period of time in which the
number of individuals exceeds the maximum occupancy
level as determined by the appropriate building code,
fire marshal, or other authority.
(6) Consumables.--CBP shall maintain a sufficient
supply of sleeping mats, toothbrushes, toothpaste,
feminine hygiene products, other personal hygiene
supplies, and diapers for holding facilities, and make
each available upon request. CBP shall also ensure that
showers are available to individuals held in custody
for longer than 48 hours and that individuals with wet
or soiled clothing are provided age and gender-
appropriate clothing that is clean and dry.
Migrants--Child Welfare Professionals.--Within the funds
provided in this and prior Acts for new operational support
positions, the Committee directs the Department to hire or
otherwise obtain the services of state-licensed child welfare
professionals with culturally competent, trauma-centered, and
developmentally appropriate interviewing skills to provide
child welfare expertise and screening services on a full-time
basis at each land POE and Border Patrol station along the
southern land border. Not later than 60 days after the date of
enactment of this Act, CBP shall provide an execution plan for
hiring child welfare professionals, to include how the
personnel will be deployed in the field and how translation
services will be provided.
Migrants--Families in Custody.--When considering whether a
family unit should remain together while in custody, the
Commissioner should consider the criminal history of the
parent, safety and comfort of the child, and physical and
mental health of all members of the family. When appropriate
and feasible, CBP shall ensure that separated family units are
reunited and transferred together prior to removal, release
from CBP custody, or transfer to Immigration and Customs
Enforcement custody. When CBP is responsible for the custody of
unaccompanied alien children who are siblings, the Commissioner
shall, to the extent practicable and when in the best interest
of the children, place such siblings together in the same
facility before the Department of Health and Human Services
assumes custody pursuant to 8 U.S.C. 1232(b).
Migrants--Personnel Training.--Because of the high
incidence of physical and mental trauma experienced by many
migrants, particularly women and children, during their journey
to the United States, the Committee directs CBP to provide
training on trauma-informed care for all personnel who interact
with migrants. This training should include field personnel as
well as mission support personnel. Not later than 60 days after
the date of enactment of this Act, CBP shall provide an
execution plan for such training, to include a timetable for
full implementation.
Migrant Property.--The Committee directs CBP to provide a
briefing, not later than 90 days after the date of enactment of
this Act, on its policies and protocols regarding the storage
and transfer or return of the personal property of migrants.
Migrants--Safety.--CBP shall continue its policies and
activities that help protect people who travel on foot through
dangerous terrain after having entered the United States
between the ports of entry. CBP shall continue to prohibit its
personnel from engaging in any activity that could damage water
and food caches and increase efforts to increase migrant
safety, including through the placement and maintenance of
additional rescue beacons. The recommendation includes
$4,000,000 for this purpose, an increase of $2,000,000 above
the fiscal year 2020 level.
Mitigation in Floodplains.--Not later than 60 days after
the date of enactment of this Act, CBP shall brief the
Committee on its specific efforts to mitigate flooding and the
negative economic, environmental, and quality of life impacts
of flooding on property owners, communities, and wildlife in
areas where border barriers have been constructed.
National Standards on Transport, Escort, Detention, and
Search (TEDS).--The Committee directs GAO to review CBP's
performance metrics and oversight processes for the adherence
of CBP personnel to the TEDS standards. The review should
consider whether CBP has processes in place to detect and
correct failures to meet standards; identify systemic
challenges that lead to recurrent failures across the
component; coordinate TEDS oversight to complaints filed by
individuals placed in CBP custody; and be informed by input
from stakeholder groups, including non-profit migrant services
organizations. GAO shall provide the Committee an update on its
progress and its preliminary findings not later than 180 days
after the date of enactment of this Act.
Performance Measures.--To appropriately assess any request
for additional funding requires a clear understanding of the
level of activities supported by existing funding within a
component's base budget. CBP should be able to directly tie
their base budget to comprehensive performance measures that
capture both outputs and outcomes. Within 60 days of the date
of enactment of this Act, CBP shall provide a briefing on a
plan to incorporate existing and develop new measures that
provide Congress with a robust description of the activities
supported by the agency's base budget.
Polygraph Waivers.--The Committee continues to direct CBP
to provide quarterly reports on the number of applicants for
employment to whom the Commissioner has granted polygraph
waivers, accompanied by the current Significant Admissions
Summary, which is a list of admissions to criminal and
national-security-compromising acts that are uncovered during
polygraph exams.
Prison Rape Elimination Act Compliance (PREA).--The
Committee directs CBP to brief the Committee, not later than 90
days after the date of enactment of this Act, on its planned
schedule for achieving 100 percent compliance with PREA
requirements, the results of completed PREA audits, and an
assessment of whether the standards are effective in protecting
vulnerable populations.
Prosecution of Asylum Seekers.--The Committee is concerned
by reports of the prosecution for illegal entry and reentry of
individuals who express a fear of return to their country of
origin during processing by CBP. The Administration is reminded
of the United States' obligation under the 1951 Refugee
Convention to refrain from punishing asylum seekers for the way
in which they enter the country.
Reporting Requirements.--CBP shall continue to follow the
directives in the explanatory statement accompanying Public Law
116-6 related to the following according to the previously
directed timeframes unless otherwise specified:
(1) CBP-wide capability gaps;
(2) Border Patrol Workforce Staffing Model;
(3) Combined table of CBP interdictions of currency
and major categories of drugs;
(4) The number of detainees held by CBP for more than
48 and 72 hours, respectively;
(5) Allegations related to employee corruption;
(6) Use of force abuses;
(7) Checkpoint, transportation check, and roving
patrol stop operations, to include a timeline for full
compliance with directed reporting;
(8) Search and rescue efforts for fiscal year 2020;
(9) Land Port of Entry Infrastructure Capital
Investment Plan, to be provided to the Committee not
later than 30 days after the submission of the
President's budget request for fiscal year 2022; and
(10) Staffing gains and losses.
Additionally, CBP shall continue to follow the directive in
House Report 116-180 related to the following according to the
previously directed timeframes unless otherwise specified:
(1) Electronic Device Searches, beginning not later
than 180 days after the date of enactment of this Act;
(2) High-Speed Pursuits, beginning not later than 90
days after the date of enactment of this Act including
any recommendations made by OPR based on its
investigations of the use of high-speed pursuits and
tactics used to stop vehicles;
(3) U.S. Citizens Held in CBP Custody;
(4) In-Custody Time for Unaccompanied Children; and
(5) Polygraph Waivers.
Staffing Shortages.--The Committee remains aware of
continued staffing shortages at land, sea, and air POEs, to
include International Mail Facilities (IMF) and Express
Consignment Facilities (ECF). The most recent resource
allocation model states that CBP requires at least 26,837
officers and 3,148 agriculture specialists for existing
requirements at the POEs, compared to current onboard personnel
levels of approximately 25,000 and 2,500, respectively.
Unfortunately, the President's discretionary budget request
makes no significant attempt to mitigate this gap. To help
address these concerns, the recommendation includes funding for
over 850 new CBP Officers, including 200 agricultural
specialists, along with 30 operational support staff and 70
mission support staff. Combined with 350 new officers CBP plans
to hire using fee resources, the total increase in CBP officer
and support staff in fiscal year 2021 will total more than
1,500.
Training Facilities.--CBP should ensure that Air and Marine
Operations training centers have sufficient resources to meet
training requirements for Air and Marine Agents, including
funding for a sufficient number of training simulators to
accommodate newly hired Agents.
Transparency.--The Committee continues to direct CBP to
reiterate its commitment to a policy of ``maximum disclosure,
minimum delay'' in releasing information to the media and
public; continue to post all policies and guidelines that may
be of interest to the public on the agency's website; and
continue--or expand as practicable--data collection that more
effectively detects and deters abuse, strengthens
accountability, and ensures effective use of limited resources.
Video Monitoring.--The Committee continues the direction
included in the statement accompanying Public Law 116-93 that
any failure of closed caption television and associated storage
equipment in excess of 120 hours at any CBP facility that
detains migrants must be reported to the Office of Professional
Responsibility. Such reporting shall be updated weekly.
While CBP continues to implement this type of
accountability across a component that has over 12,000 cameras,
it is clear to the Committee that not only are there concerns
with outages but with the age and type of equipment. To address
these concerns, the Committee recommends an increase of
$20,000,000 to procure new and updated video monitoring
equipment. CBP is encouraged to include automated processes for
maintenance detection and reporting.
Border Security Operations
Carrizo Cane.--The recommendation includes an increase of
$4,000,000 above the fiscal year 2020 funding level for efforts
to control the growth of Carrizo cane along the Rio Grande
River in Texas, for a total of $6,000,000. CBP should continue
to coordinate with the Texas State Soil and Water Conservation
Board and other stakeholders on control efforts. The Committee
reminds CBP that it is directed to provide regular updates to
the Committee on the performance of this program related to
increased visibility, biomass reduction, and miles of river
treated.
Collaboration with the Border Patrol.--The Committee
continues to encourage all state, local, tribal, and federal
law enforcement agencies working in the southwest land border
region to collaborate and operationally coordinate, when
feasible, with sector chiefs in their respective geographical
regions.
Radios.--The Committee directs CBP to review the need to
retrofit U.S. Border Patrol radios to allow agents to operate
on either the CBP system or transfer to either a commercial LTE
carrier or the First Responder Network Authority (FirstNet) LTE
Network.
Trade and Travel Operations
Agriculture Inspections--African Swine Flu.--CBP is
directed to ensure that its agriculture specialists are
provided appropriate training on detecting African Swine Flu.
Agriculture Inspections--Contaminated Products.--The
Secretary of Homeland Security, in coordination with the
Secretary of Agriculture, shall provide a report on the
inspection requirements for identifying contamination in
shipments of processed or raw food products; raw processed, and
finished meat products; or goods used in agriculture, including
livestock feeds and feed ingredients. The report should provide
recommendation for how such inspections may be expanded or
improved, including any associated resource requirements.
Additionally, CBP shall report quarterly on a public facing
website on the number of shipments seized due to contamination,
along with details on the contents of such shipments; the
intended use of products in the shipments; and their origin and
final destination.
Agriculture Inspections--Invasive Species.--The Committee
is concerned by the continued introduction of invasive species
to Hawai'i and to non-contiguous U.S. territories. The
Committee directs CBP to consult with the Department of
Agriculture and other state and local partners to better
prevent the introduction of invasive species to these
locations, and to provide a report to the Committee not later
than 180 days after the date of enactment of this Act on
recommendations for preventing the introduction of invasive
species to these non-contiguous jurisdictions.
Biometric Exit.--The Committee continues direction for CBP
to provide a detailed expenditure plan for biometric exit
activities within 90 days of the date of enactment of this Act,
as directed in House Report 114-668.
Cargo Processing.--The Committee continues to direct CBP to
provide a briefing on its efforts to improve automated
commercial cargo processing, to include passive scanning at
land ports of entry (POE), not later than 60 days after the
date of enactment of this Act.
Forced Labor.--The recommendation includes $290,746,000 for
the Office of Trade (OT), including $8,052,000 for Trade
Agreement, Remedies and Enforcement personnel to strengthen
enforcement actions and processes that prevent the importation
of products made with forced labor.
Jones Act.--The Committee recognizes the need for uniform
application and enforcement of coastwise laws across the nation
and directs CBP to devote not less than $1,000,000 to its Jones
Act Division of Enforcement.
Land POE Hours of Operation.--The Committee directs CBP to
refrain from reducing the hours of operation at any POE unless
CBP can demonstrate that the reduction will benefit commerce
without introducing increased local traffic delays, and that it
has consulted with elected officials at all levels, community
members, and impacted private sector stakeholders prior to
making changes. In addition, CBP shall notify the Committee not
later than 30 days in advance of any proposed changes.
Mail Interdiction of Heroin & Opioids.--The Committee
supports CBP's partnership with the United States Postal
Service to use innovative technologies to detect opioids at
international processing centers. The Committee expects this
collaboration to reach higher capture rates and to continue the
deployment of new technologies to increase the detection of
opioids and related substances.
Outbound Inspections.--DHS is directed to enhance its focus
on interdicting the outbound flow of smuggled firearms and
illicit currency that fund and facilitate transnational
criminal organizations. The Committee includes funding in the
PC&I account that may be used for outbound inspection equipment
and directs CBP to provide a briefing, not later than 90 days
after the date of enactment of this Act, on a plan for
expanding outbound inspections.
POE Hardening.--The Committee is concerned about the
extensive hardening and placement of barriers around POEs and
directs CBP to brief the Committee on the policy and guidance
for when such changes to the POE footprint are warranted and
how long they remain in place.
POE Technology.--The recommendation includes not less than
$20,000,000 for upgrades to POE technology, to include Border
Security Deployment Program equipment and license plate reader
technology for inspection lanes.
Resource Allocation Model.--The Committee continues
direction concerning the CBP resource allocation model. Any
modifications to the model shall be described in future budget
submissions at the field office level. Additionally, not later
than 60 days after the date of enactment of this Act, CBP shall
brief the Committee on resource staffing shortfalls on the
northern and southern borders compared to levels prescribed by
the resource allocation model for rail crossings and POEs in
the land, air, and sea environments, including cruise ship
terminals. CBP is encouraged to continue to improve the model
by seeking external review.
Trade Remedy Enforcement.--The Committee directs CBP to
review whether duties on importers of recycled, scrap, and
primary aluminum exempt from the Section 232 tariff are being
properly assessed, along with whether assessed tariffs have
been remitted to the government. Not later than 120 days after
the date of enactment of this Act, CBP shall submit a report to
the Committee of the findings of this review and any actions
taken to address inappropriate assessments.
User Fee Airports.--Consistent with House Report 114-668
and House Report 116-180, the Committee strongly encourages CBP
to give priority consideration to an application for POE status
to any user fee airport that served at least 75,000 deplaned
international passengers in the previous calendar year.
Visa Waiver Program (VWP).--The Committee continues to
direct CBP to better clarify which types of educational
experiences are permitted under VWP travel, including what
evidence or information is required to satisfy CBP that a
traveler does not intend to overstay the 90-day VWP time limit.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020*...................... $1,904,468,000
Budget request, fiscal year 2021...................... 2,281,360,000
Recommended in the bill............................... 877,547,000
Bill compared with:
Appropriation, fiscal year 2020................... -1,026,921,000
Budget request, fiscal year 2021.................. -1,403,813,000
*Note--total includes $30,000,000 in emergency funding.
The Committee recommends the following increases above the
request: $190,000,000 for border technology procurement;
$20,000,000 for innovation technology; $75,000,000 for border
barrier mitigation; $190,000,000 for non-intrusive inspection
(NII) equipment; and $86,000,000 for three additional multi-
role enforcement aircraft. The recommendation provides no
funding for additional border barriers.
Border Technology Procurement.--Within the funds provided
for border technology procurement, the Committee encourages CBP
to consider such projects as: cross border tunnel detection,
autonomous towers, and counter unmanned aerial systems. CBP is
directed to update the Committee on the planned obligation of
these funds at least 15 days prior to any obligation.
Coastal Interceptor Vessels.--The Committee directs CBP to
expedite the funding provided in fiscal year 2020 for coastal
interceptor vessels. The Committee fully supports the program
and encourages continued procurement to include the
recapitalization of the current enclosed cabin vessels that are
obsolescent and past their life expectancy. CBP shall brief the
Committee on the program not later than 30 days after the date
of enactment of this Act.
Electronic Health Records.--Public Law 116-93 provided
$30,000,000 for electronic health records within CBP's
Procurement, Construction, and Improvements account to enable
the DHS Chief Medical Officer (CMO), in conjunction with CBP,
ICE, and other operational components, to develop and establish
interim and long-term electronic systems for recording and
maintaining information related to the health of individuals in
the Department's custody that would be adaptable to component
operational environments and be interoperable with other
departmental systems, as appropriate, and with the National
Emergency Medical Services Information System. Additionally,
the explanatory statement included the requirement for a plan
for the design and development of such systems to be provided
to the Appropriations Committees within 90 days of the date of
enactment of the Act. After a significant delay, the Committees
finally received a plan on July 9, 2020. After reviewing the
plan, it is evident that funds should be held with the CMO in
order to create the electronic health record system that would
best serve the longer-term requirements and needs across the
whole Department, not just one component. To ensure a
successful investment of appropriated dollars and direction in
Public Law 116-93, the Committee includes language directing
the transfer of $20,000,000 from CBP to the Countering Weapons
of Mass Destruction Office for execution. The CMO is encouraged
to leverage contract staffing across multiple components to
avoid duplication of efforts and funding. Additionally, the
CMO, in conjunction with impacted components, shall brief the
Committee on the efforts across the Department to include the
execution of funds on a quarterly basis.
Environmental Mitigation.--The bill includes $75,000,000 to
help mitigate the impact of border barrier construction on
environmentally sensitive federal lands, including land
acquisition, which shall be transferred to the United States
Fish and Wildlife Service for execution.
Non-Intrusive Inspection (NII).--The Committee recommends
an additional $190,000,000 for NII technology at seaports and
land POEs, to include outbound inspection equipment. CBP shall
continue to update the Committee on the obligation of funds for
NII acquisition as a part of the required quarterly obligation
plans directed in title I of this report.The Committee expects
any procurement of technology to be competitively awarded.
One Hundred Percent Scanning.--Not later than 90 days after
the date of enactment of this Act, the Secretary shall submit
to the Committee a plan to scan all commercial and passenger
vehicles entering the United States at land ports of entry
along the border using large NII systems. The plan shall
include the following:
(1) fiscal year benchmarks for achieving incremental
progress towards 100 percent scanning and rationales
for the specified timeframes for each land port of
entry;
(2) estimated costs, together with an acquisition
plan, for achieving 100 percent scanning within the
timeframes specified, including total acquisition,
operations, and maintenance costs for large-scale NII
systems and associated costs for any necessary
infrastructure enhancements or configuration changes at
each POE;
(3) anticipated impacts on the total number of
commercial and passenger vehicles entering at land
ports of entry where such systems are in use, and
average wait times at peak and non-peak travel times by
lane type, if applicable, as scanning rates are
increased;
(4) anticipated impacts on land POE operations,
including any changes to the required number of CBP
officers or their duties and assignments; and
(5) a description of the likely impact on secondary
screening requirements and operations.
U.S. Immigration and Customs Enforcement
Appropriation, fiscal year 2020....................... $8,080,071,000
Budget request, fiscal year 2021...................... 9,927,063,000
Recommended in the bill............................... 7,406,248,000
Bill compared with:
Appropriation, fiscal year 2020................... -673,823,000
Budget request, fiscal year 2021.................. -2,520,815,000
Mission
U.S. Immigration and Customs Enforcement (ICE) enforces
federal laws governing border control, customs, trade, and
immigration to promote homeland security and public safety.
Homeland Security Investigations (HSI) is responsible for
disrupting and dismantling transnational criminal threats
facing the United States. HSI special agents also conduct
national security investigations targeting violations of the
nation's customs and immigration laws.
Enforcement and Removal Operations (ERO) enforces the
nation's immigration laws by identifying and apprehending
removable aliens, detaining apprehended individuals when
necessary, and removing them from the United States in a manner
consistent with legal processes and procedures.
OPERATIONS AND SUPPORT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020....................... $8,032,801,000
Budget request, fiscal year 2021...................... 9,822,109,000
Recommended in the bill............................... 7,308,449,000
Bill compared with:
Appropriation, fiscal year 2020................... -724,352,000
Budget request, fiscal year 2021.................. -2,513,660,000
The recommendation includes increases above the request
totaling $12,938,000 to help sustain current services,
including $2,586,000 for HSI and $10,352,000 for Mission
Support.
In addition, the Committee provides $169,498,000 in
enhancements above the request, including: $5,500,000 for the
Human Exploitation Rescue Operative (HERO) Child-Rescue Corps;
$147,733,000 for the Alternatives to Detention (ATD) program;
$5,000,000 to partially address the backlog of critical
facility maintenance and repairs requirements; $3,100,000 to
expand the ICE employee safety program; and $3,165,000 to
address ICE's FOIA backlog.
Proposed amounts are reduced by $2,691,096,000, consisting
of: $79,779,000 for proposed increases in Awards Spending;
$4,452,000 of the proposed increase in HSI staffing intended to
support anticipated increases in workload along the southwest
border associated with increased deployments of NII technology;
$6,548,000 for proposed increases for the Task Force Officer
program; $264,199,000 for proposed increases in staffing;
$126,000,000 in proposed increases for the Migrant Protection
Protocols program; and $2,210,118,000 in costs associated with
detention and removal. The recommendation also transitions
funding for alternatives to detention case management services
to the Federal Emergency Management Agency to be executed as a
grant program.
The recommendation does not assume the use of $112,287,000
from the Immigration Examination Fee Account (IEFA) to
reimburse costs in the ICE Operations and Support account due
to concerns with the impact on U.S. Citizenship and Immigration
Services (USCIS) operations and the growing backlog in
applications for immigration benefits; an administrative
provision in the bill prohibits the use of IEFA funds for ICE
operations.
Body Worn Cameras.--The Committee continues to believe that
the use of body-worn cameras would be beneficial for the
execution of many ICE operations. To that end, in consultation
with CRCL, ICE is directed to design a pilot program for the
implementation of body-worn cameras. Not later than 90 days
after the date of enactment of this Act, ICE and CRCL shall
provide a joint briefing to the Committee that details the
parameters of the forthcoming pilot; the metrics for success; a
cost and workload analysis; activities and civil liberties
concerns that may present challenges; how recorded footage
would interface with Freedom of Information Act requirements;
specific activities/operations where the use of body-worn
cameras could compromise undercover criminal investigations;
and activities where the use of body-worn cameras would be of
particular benefit to the safety and wellbeing of officers,
detainees, and the public.
Expenditure and Operations Plan Requirements.--Despite the
increased funding provided for the Office of the Chief
Financial Officer in the fiscal year 2020 appropriation, the
Department and ICE failed to comply timely with the
requirements set forth in the explanatory statement
accompanying Public Law 116-6 and reiterated in Public Law 116-
93 regarding detailed operational and spending plans for fiscal
years 2019 and 2020, respectively. The Committee acknowledges
recent improvements on these efforts but notes that significant
work remains. The Department and ICE are again directed to
fulfill such requirements for fiscal year 2021, and the bill
withholds funding in the Operations and Support account until
the second such plan has been provided.
Homeland Security Investigations
HSI Workforce.--The Committee is concerned about the
growing complexity and workload associated with executing HSI's
missions--especially given the increase in online and dark web
activity, such as growing reports of online child sex abuse;
criminal activity related to illicit opioid/fentanyl smuggling;
and increased commercial trade fraud and intellectual property
rights infringements. The Committee recognizes the advanced
investigative skillset of the HSI workforce, its unique
compilation of legal authorities, and its critical role in
investigating Transnational Criminal Organizations involved in
trafficking individuals into and within the United States.
Therefore, the Committee provides $84,845,000 for increased HSI
staffing and directs that not less than $10,000,000 be used to
increase the capabilities of the Child Exploitation
Investigations Unit above fiscal year 2020 levels. Further, to
improve its effectiveness against these threats, the bill
includes a new provision to focus HSI activities on functions
that are not redundant to those of ERO. The Committee
encourages HSI to work with appropriate nonprofit organizations
and victim service providers that can help identify human
trafficking victims, ensuring they receive the proper care and
access to victim service organizations.
Human Exploitation Rescue Operative Child-Rescue Corps.--
The recommendation includes an increase of $5,500,000 above the
request for the training, equipping, and hiring of HERO Child-
Rescue Corps program graduates. The Committee reminds ICE of
the briefing on performance indicators for the HERO program
required by House Report 116-180 and looks forward to receiving
this briefing as soon as possible.
Intellectual Property Rights Enforcement.--The
recommendation provides not less than $15,000,000 for
intellectual property law enforcement through HSI and the
National Intellectual Property Rights (IPR) Coordination
Center. ICE is directed to ensure that the National IPR Center
is properly staffed in order to facilitate continued
enforcement actions against theft of U.S. intellectual
property, particularly online. Based on a new wave of digital
copyright piracy involving devices and software that connect
consumers televisions directly to copyright-theft sites, the
Committee directs ICE to increase investigation and enforcement
to thwart illicit streaming involving media boxes and
televisions.
Student and Exchange Visitor Program (SEVP).--In response
to the COVID-19 pandemic, universities and colleges have faced
the difficult decision of how to balance the health and safety
of their students, faculty, and staff against the benefits of
inperson classes. Many have concluded that temporarily shifting
many, if not all, of their courses to an online model is
necessary. Many of these schools and their communities rely
heavily upon international students, both financially and for
cultural enrichment and diversification. The Committee is
concerned about the Administration's recent policy to require
F-1 and M-1 nonimmigrants to attend in-person classes or either
leave the country or not be permitted to enter. Not only will
this have an irrecoverable detrimental impact on the lives of
these students and their families, but also on the schools and
the communities that rely upon and value them. The Committee
includes a provision in the bill requiring ICE to return to its
March 2020 guidance that largely waives the in-person
coursework requirement during the pandemic for current and new
students.
Worksite Immigration Enforcement Actions.--The Committee
continues to be concerned about the disproportionate use of HSI
resources dedicated to civil administrative arrests of
employees when the focus of worksite enforcement operations
should be accountability for employer violations. The Committee
reminds ICE of the briefing on worksite immigration enforcement
actions required by House Report 116-180 and looks forward to
receiving this overdue briefing as soon as possible.
Enforcement and Removal Operations
287(g) Program.--The recommendation continues a provision
in the bill that requires ICE to provide a report to the
Committees and the public regarding 287(g) steering committee
membership and activities; performance data; the number of
individuals placed into removal proceedings by 287(g)-
designated officers; and any plans for future expansion of or
changes to the program. ICE, OIG, and CRCL are also directed to
provide rigorous oversight of the 287(g) program, and ICE is
directed to notify the Committee prior to implementing any
significant changes to the program, including any changes to
training requirements, data collection, selection criteria, or
the jurisdictions with which ICE has agreements. The Committee
also reminds ICE that communities are not legally required to
enter into or continue with 287(g) agreements and that
immigration enforcement should not be used either to induce
communities to enter or deter them from discontinuing such
agreements.
Age-Outs.--The Committee reminds ICE of the semi-annual
updates on unaccompanied alien child (UAC) age-outs required by
House Report 116-180 and looks forward to receiving the overdue
updates as soon as possible.
ICE is further directed to prohibit the transfer or
maintenance of custody by ICE of any person formerly designated
as a UAC who reaches 18 years of age in the custody of the
Department of Health and Human Services Office of Refugee
Resettlement (ORR), as described in 8 U.S.C. Sec. 1232(c)(2),
unless the ICE juvenile coordinator provides written
certification of compliance with the requirement in 8 U.S.C.
Sec. 1232(c)(2)(B) to consider placement in the least
restrictive setting. This written certification must document
the specific factors demonstrating that any alternatives to
detention, including but not limited to any recommended in
ORR's post-18 plan, would be insufficient to mitigate any
danger to self, threat to public safety, and/or risk of flight.
The Committee notes that neither the lack of a sponsor nor the
lack of an ORR developed post-18 plan should be dispositive
factors. This written certification shall be provided to the
individual and the individual's attorney of record upon
request.
In addition, the Committee directs ICE to ensure that
training is provided to relevant personnel, including contract
personnel, on policies and procedures to ensure compliance with
8 U.S.C. Sec. 1232(c)(2)(B). Such training shall be mandated
annually for all officers who make custody decisions for
children who turn 18 in ORR custody, including but not limited
to deportation officers, field office juvenile coordinators,
and supervisory detention and deportation officers.
Finally, ICE shall provide a monthly report to the
Committee with the number of UAC who turned 18 in ORR custody
and were then transferred to ICE detention, including a
breakdown by ICE area of responsibility and the UAC's most
recent type of ORR placement, the reason for detention, and
whether ORR provided a post-18 plan.
Alternatives to Detention and Detention Capacity.--The
recommendation reduces Custody Operations by $2,074,015,000 and
correspondingly reduces the Transportation and Removal Program
by $292,689,000 from the fiscal year 2021 President's Budget.
The funding provided supports an average daily population (ADP)
in detention of 22,000 for single adults. Funding provided for
family detention is intended to phase out this activity by not
later than December 31, 2020. The Committee notes that the
Administration's border security operations in response to the
coronavirus public health crisis has dramatically reduced the
number of migrants transferred to ICE custody from CBP. In
recognition of that reduced operational demand on ICE, the
recommendation includes a proviso in the appropriating
paragraph that reduces availability of funds to support an ADP
of 10,000 for single adults for as long as an order or policy
is in effect that suspends the introduction of any persons into
the U.S. based on public health concerns related to the
coronavirus pandemic.
The Committee also remains concerned about the over-
detention of individuals in ICE custody and notes that the
average lengths of stay in detention continue to increase. The
bill includes a new provision (section 219) that restricts
detention for individuals who do not pose a public safety
threat and are not a flight risk to not more than 20 days and,
in the case of individuals who identify as transgender, to not
more than 5 days. The provision also continues detailed
reporting requirements related to ICE's detained population.
In recognition of the impact of this new provision, the
recommendation includes an increase of $147,733,000 above the
request to expand the ATD program. ICE is directed to use the
least onerous form of supervision necessary to ensure
compliance with the terms of the program; conduct regular
reviews of each participant's compliance obligations, with
input each participant's counsel and/or case manager; and de-
escalate supervision requirements when warranted by such
reviews.
The Committee is concerned that many individuals enrolled
in the ATD program will be terminated from the program before
their case is fully resolved. Getting timely resolution of
these cases is complicated by the historic volume of pending
cases on the Executive Office for Immigration Review (EOIR)
non-detained docket schedule. The Committee recognizes that the
longer an individual remains on ATD while their case is pending
before EOIR, the more expensive the ATD program is per
enrollee, and the less effective the ATD program is.
Prioritizing ATD enrollees' cases as if they were on the
detained docket could potentially increase the effectiveness of
the program, lower the cost per enrollee, and support more
individuals in the program overall. The Committee directs ICE
and EOIR to develop an analysis of alternatives to improve the
timeliness of resolving cases before EOIR for individuals in
the ATD program, and further to consider as one such
alternative the classification of ATD enrollees as part of the
detained docket for purposes of case prioritization. ICE and
EOIR are directed to brief the Committee on their findings not
later than 180 days after the date of enactment of this Act.
Arrest, Detention, and Removal Data.--Not later than 60
days after the date of enactment of this Act, ICE is directed
to publish on a publicly accessible website semiannual reports
on the arrests, detention, and removal of individuals who (a)
served in the United States Armed Forces; (b) were U.S.
citizens at the time of apprehension or subsequently determined
to be United States citizens while in Department custody; (c)
were granted deferred action under or are qualified to
participate in the Deferred Action for Childhood Arrivals
initiative, as delineated in the June 15, 2012, memorandum
entitled ``Exercising Prosecutorial Discretion with respect to
Individuals Who Came to the United States as Children''; (d)
are nationals of a foreign state that was designated for
Temporary Protected Status under section 244(b) of the
Immigration and Nationality Act as of October 1, 2017; or (e)
are parents of a U.S. citizen minor. ICE shall also provide
this information for fiscal years 2018 and 2019 in the first
such publication.
Bond Payments.--The Committee reminds ICE of its
requirements to provide the monthly bond statistics described
in House Report 116-9 and directs ICE to continue providing
such information in fiscal year 2021. Further, not later than
30 days after the delivery of the fiscal year 2021 budget
request, ICE is directed to provide a plan to allow the general
public to post and pay bonds electronically and to identify the
resources needed to execute such plan.
Case Management Services.--The Committee is concerned by
the significant delay in ICE's execution of funding provided in
fiscal years 2019 and 2020 for case management services. The
recommendation therefore realigns and increases funding for
case management services to be executed by nonprofit
organizations and local communities through a FEMA grant
program. Not later than 30 days after the date of enactment of
this Act, ICE, in collaboration with CRCL and the Office of
Privacy, is directed to develop a process to ensure that any
individual released from its custody on parole, bond, or into
the ATD program and anyone enrolled in the ATD program as of
the date of enactment of this Act:
(1) is made aware of these case management services;
and
(2) has an opportunity to consent to having their
contact information and relevant case file information
provided to any such grantee for the purpose of
receiving such services.
ICE shall provide Information describing this process to
FEMA, the national board responsible for administering the
grant program, and each grant recipient. The Committee directs
ICE, CRCL, and the Office of Privacy to jointly brief the
Committee on this process prior to its execution.
Deportation Priorities.--Congress and the Department of
State have recognized that a genocide has been committed
against Chaldeans and other religious minorities in Iraq. The
Committee recommends that ICE refrain from prioritizing the
deportation of people who will be subject to violent
persecution and death in their countries of origin.
Detainee Access to Legal, Medical, and Mental Health
Services.--ICE should not enter into, expand, or renew a
contract with any entity to operate an immigration detention
facility unless it is located fewer than 100 miles from:
(1) a Level IV (or lower) designated trauma center;
and
(2) at least one government-listed, legal aid
resource on the Executive Office for Immigration Review
(EOIR) ``List of Pro Bono Legal Service Providers''
from which the Director has received confirmation that
it is able to provide legal services to detainees at
the facility.
ICE is directed to continue adhering to the requirements in
House Report 116-9 regarding legal resources available to
detainees and shall ensure that such information is provided in
a language in which the detainee is proficient or is made fully
accessible to the detainee through the use of interpreter
services.
The Committee directs ICE to publish on a public facing
website, not later than 30 days after the date of the close of
the fiscal year, a description of the medical and mental health
staffing--delineated by position and qualification--at each
detention facility with a capacity to house at least 50 ICE
detainees, along with the average daily population of each
facility. The report should indicate the hours of availability
of in-person, specialized medical service typically available
during the week; whether any positions were unfilled for more
than one month of the previous year; and the average detainee
wait time for seeing a medical professional. ICE shall also
include in the report the number of individuals taken into ICE
custody with a serious medical or mental health condition,
including pregnant women, and their average and median lengths
of time in ICE custody. The Committee urges ICE to reinstate
the policies in its August 2016 directive on the Identification
and Monitoring of Pregnant Detainees that was superseded by its
December 2017 update.
The Committee directs ICE to ensure that each family
detention center has on-site at least one medical professional
qualified to provide pediatric care for every 200 children in
residence. In addition, at least one such medical professional
should be on-site or on-call for every 100 children detained in
the facility. The Committee further directs ICE to ensure that
each family detention center makes available at least one
mental health professional specializing in pediatric care. The
Committee urges ICE to explore working with nonprofit
organizations for the provision of mental health services of
those in its custody.
Detainee Forms.--The Committee directs ICE to provide all
forms that are required to be signed by a detained person in
the detainee's native language. The Committee reminds ICE of
the overdue report required by House Report 116-180 on a plan
and timeline for achieving this goal and looks forward to
receiving it.
Detaining Individuals with Credible Fear.--The Committee
reminds ICE of its policy to avoid the detention of an
individual who has received a positive credible fear
determination from an asylum officer or immigration judge,
absent a finding by an immigration officer that the individual
poses a risk to the community or is a flight risk. Not later
than 30 days after the date of enactment of this Act, and
monthly thereafter, ICE is directed to report data to the
Committee on the number of individuals who received a positive
credible fear or reasonable fear determination who were:
considered for parole; granted parole; or denied release on
parole, along with an individualized description of the
justification for each denial.
Detention Inspection Reporting.--ICE shall continue to
report and make public the following, as described in House
Report 116-9, and shall follow the previously directed
timeframes unless otherwise specified:
(1) Secure Communities report;
(2) Requirements related to detention facility
inspection reports;
(3) Death in custody reporting, with subsequent
reporting to be released within 90 days of the initial
report;
(4) Access to facilities;
(5) Detainee locator information;
(6) Changes to the current detention facility
category and inspection framework;
(7) Compliance with the 2011 Performance Based
National Detention Standards (PBNDS 2011) and PREA
requirements; and
(8) Weekly rate of operations for Custody Operations.
Detention Oversight.--The Committee remains concerned about
the conditions and care provided at ICE's civil detention
facilities and consequently recommends sustaining prior year
investments in the Office of Detention Oversight (ODO) within
the Office of Professional Responsibility to fully fund the
inspection of each over-72-hour detention facility not less
than twice per year. Not later than 120 days after the date of
enactment of this Act, ODO is directed to brief the Committee
on Appropriations, the House Judiciary Committee, and the House
Committee on Oversight and Government Reform on a detailed
description of the process it will use for detention facility
inspections.
ICE is reminded that the detailed results of these
inspections shall be promptly published on a public-facing
website, redacted as needed to protect any personally
identifiable information, along with a plan of action and
milestones to address any deficiencies that were identified
during the inspection. The status of addressing such
deficiencies shall be validated by the Office of Immigration
Detention Ombudsman and shall be updated on the website not
less that quarterly.
Consistent with direction provided in House Report 116-9,
the ICE Director shall have sole authority to approve detention
standard waivers and shall notify the Committee of each such
waiver within 3 business days of approval. Additionally, ICE
shall report publicly on a quarterly basis on any waivers
issued, including the justification for each such waiver.
Family Unity.--ICE must ensure that criminal and civil
immigration charging decisions and immigration custody
decisions carefully consider and prioritize family unity as a
primary factor and must, consistent with assessments of the
best interest of the child, ensure first and foremost that any
arrest in the interior of the United States does not result in
prolonged separation of family members from one another. This
directive should be followed regardless of whether family
members were together at the time of apprehension or are
subjects of an enforcement action.
If, in the course of an arrest in the interior of the
United States, DHS separates a minor child from a parent,
primary caregiver, or close relative who is caring for or
traveling with that child, DHS personnel must ensure that each
such person is asked about and has opportunities to report
family separation incidents; to verify the status, location,
and disposition of family members; and to regularly communicate
with one another. DHS shall advise adults of arrangements made
for the child's care and record tracking information about both
separated adults and children in all relevant DHS databases.
Immigration Detention Contract Transparency.--Not later
than 90 days after the date of enactment of this Act, ICE is
directed to publish on a publicly accessible website a
consolidated compilation of contract documents for each of the
facilities it uses for immigration detention purposes,
including the most current and complete contract modification
or addendum, any subcontracts, and all bid solicitation
requests. The Committee also directs ICE to update this
compilation on a monthly basis. For any documents requiring
redaction, ICE shall provide to the Committees on
Appropriations, Judiciary, and Oversight a written explanation
for each such redaction along with an unredacted version of
each such document.
Immigration Enforcement at Sensitive Locations.--The
Committee understands it is ICE's policy that enforcement
actions at or near sensitive locations--identified by ICE as
schools, healthcare facilities, places of worship, religious or
civil ceremonies or observances, and public demonstrations--
should generally be avoided, and require either prior approval
from an appropriate supervisory official or exigent
circumstances necessitating immediate action. The policy is
intended to ensure that anyone seeking to participate in
activities or utilize services provided at such locations are
free to do so without fear or hesitation. The Committee directs
ICE to follow this policy and to broaden the scope of the
category to include courthouses; bus stops; USCIS offices;
mental health, emergency, and social services centers; and
other locations where community impacts should be better
balanced against ICE law enforcement interests.
Further, ICE is directed to provide its officers with
guidance and training for engaging with victims and witnesses
of crime, and to clarify policy guidance on enforcement actions
in or near sensitive locations in order to minimize the effects
of immigration enforcement on the willingness and ability of
victims and witnesses to pursue justice.
The Committee also reminds ICE of the report on enforcement
actions at sensitive locations required by House Report 116-180
and looks forward to receiving this report as soon as possible.
Phone Access in Detention.--The Committee continues to
expect ICE to apply the terms of the Lyon v. ICE, et al.
Settlement Agreement regarding detainee telephone access to the
greatest extent possible at each of its detention facilities
and shall ensure that such access is free to the detainee. The
Committee reminds ICE of the briefing on phone access in
detention required by House Report 116-180 and looks forward to
receiving this overdue briefing as soon as possible. In
addition, not later than 90 days after the date of enactment of
this Act, ICE is directed to provide a report to the Committee
listing each facility that does not comply with this
requirement, to include the name of the entity responsible for
detention operations at the facility; the address of the
facility; the period of performance for the contract with the
facility (if applicable), along with any option periods; and
the entity's justification for not complying with these
requirements.
Rape Prevention in Immigration Detention Facilities.--The
Committee encourages ICE to collaborate with the National
Prison Rape Elimination Act (PREA) Resource Center, which is
supported by the Department of Justice, to help facilitate PREA
compliance. The Committee reminds ICE of the briefing on PREA
compliance required by House Report 116-180 and looks forward
to receiving this overdue briefing as soon as possible.
Reporting on Criminality.--ICE is directed to continue
monthly reporting regarding criminality, as described in House
Report 116-9, and shall further differentiate such individuals
detained as a result of interior enforcement efforts versus
those from CBP border security operations.
Risk Classification Assessment.--The Committee is concerned
about ICE's inconsistent treatment of similarly situated
individuals, to include decisions on whether to release or
detain; length of time in detention; whether to require a bond
and the amount of such bond; custody classification level of
those detained; and community supervision level of those not
detained. The Committee reminds ICE of the briefing on the
results of a reevaluation of its Risk Classification Assessment
(RCA) required by House Report 116-180 and looks forward to
receiving this briefing as soon as possible. The Committee
reiterates that the recommendations must provide a strong
preference for using ATD in lieu of detention, especially for
interior arrests, and clear guidance that describes situations
when detention must be used, such as when the officer can
clearly demonstrate with individualized evidence that a migrant
poses a flight risk or a risk to public safety. The Committee
finds that the current RCA does not adequately provide this
individualized assessment and is therefore not currently a
valid approach for meeting the requirement in section 219 of
the bill. ICE is directed to work with CRCL to improve this
assessment.
Transgender Detainees.--The Committee is concerned about
the health and wellbeing of transgender immigrants detained by
ICE given this population's vulnerability to sexual assault,
abuse, and harassment in custody, and is also concerned about
the frequent use of administrative solitary confinement for
these individuals. The Committee directs ICE to report monthly,
on a publicly available website, on the following for
transgender individuals, by detention facility:
(1) the average and median number in detention;
(2) the average and median number of days in
detention, along with the number of days in detention
for the longest-held individual;
(3) For each individual in solitary confinement, the
number of days in and the rationale for placement in
such confinement;
(4) For each individual not in solitary confinement--
(a) the number of days detained in a separate
transgender unit;
(b) if a transgender woman, the number of
days detained with other women and the number
of days detained with men; and
(c) if a transgender man, the number of days
detained with other men and the number of days
detained with women;
(5) the number of requests made each month for
hormone treatments and of that number how many requests
were approved and the average wait time for receiving
such treatments; and
(6) the number of requests made each month for HIV
screening tests versus the number provided and the
average wait time for receiving the test.
U Visas.--The Committee recognizes the value of the U visa
program in protecting victims of violent crime and promoting
public safety by enabling criminal investigations. The
Committee reminds ICE of the report on U Visas required by
House Report 116-180 and looks forward to receiving this
overdue report as soon as possible. Further, ICE is directed to
provide an updated report on this subject within 90 days of the
date of enactment of this Act.
Office of the Principal Legal Advisor
Access to Counsel.--The Committee is disappointed by the
Department's lack of willingness to work with Congress to
protect the due process rights of individuals who are placed in
removal proceedings by ensuring that each one has unimpaired
access to counsel, including prospective legal counsel. This
denial of meaningful access to counsel is especially concerning
when considered against the request to increase the number of
attorneys for the Office of the Principal Legal Advisor (OPLA),
which acts as the prosecution in civil immigration cases. These
due process shortfalls have been especially prevalent in the
Department's execution of its Migrant Protection Protocols
program because non-Mexican migrants who are returned to Mexico
are rarely able to contact prospective U.S.-based legal
counsel. Similarly, the Committee is concerned about the lack
of know-your-rights presentations for individuals in DHS
custody. Therefore, the bill includes a new provision requiring
the Secretary and CRCL to each certify that requirements to
improve access to counsel, prospective counsel, and know-your-
rights presentations are satisfied. The bill imposes a
$10,000,000 withholding from OPLA until the requirement has
been met.
Mission Support
Critical Facility Maintenance and Repairs Backlog.--The
Committee recommends an increase of $5,000,000 to address the
significant backlog of critical facility repairs, complete
ongoing leasehold projects, and fulfill operations and
maintenance requirements for ICE's owned and leased real
property portfolio. Not later than 30 days after the date of
submission of the fiscal year 2022 budget request, ICE shall
brief the Committee on its plan for the use of these funds.
Employee Safety Program Expansion.--The recommendation
includes an increase of $3,100,000 above the request to improve
ICE's employee safety program, to include the purchase of a
safety management information system.
Freedom of Information Act (FOIA) Backlog.--The Committee
is concerned about the growing backlog of FOIA requests and the
delays in providing responses. The recommendation includes an
increase of $3,165,000 to address this concern.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020....................... $47,270,000
Budget request, fiscal year 2021...................... 104,954,000
Recommended in the bill............................... 97,799,000
Bill compared with:
Appropriation, fiscal year 2020................... +50,529,000
Budget request, fiscal year 2021.................. -7,155,000
The recommendation does not include $7,155,000 proposed for
the expansion of Executive Office for Immigration Review (EOIR)
facilities.
Transportation Security Administration
Appropriation, fiscal year 2020....................... $7,813,567,000
Budget request, fiscal year 2021...................... 7,632,328,000
Recommended in the bill............................... 8,111,423,000
Bill compared with:
Appropriation, fiscal year 2020................... +297,856,000
Budget request, fiscal year 2021.................. +479,095,000
Mission
The Transportation Security Administration (TSA) is charged
with protecting U.S. transportation systems, while facilitating
the flow of travelers and commerce.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020....................... $7,680,565,000
Budget request, fiscal year 2021...................... 7,569,419,000
Recommended in the bill............................... 7,927,407,000
Bill compared with:
Appropriation, fiscal year 2020................... +246,842,000
Budget request, fiscal year 2021.................. +357,988,000
The recommendation includes $357,988,000 above the request
including: $25,378,000 to maintain funding for the Screening
Partnership Program (SPP) base, rejecting a proposed contract
renewal delay; $62,752,000 to continue the Visible Intermodal
Prevention and Response (VIPR) Team program; $46,414,000 to
continue the Law Enforcement Officer Reimbursement Program;
$90,066,000 to continue legally mandated staffing at certain
exit lanes; $ 3,100,000 to maintain Federal Flight Deck Officer
and Crew Training; and $171,416,000 to maintain current
services. Reductions to the request totaling $41,038,000 are
associated with proposed Awards Spending increases.
Civil Aviation Screening Technology Maintenance.--GAO
recently issued a report, Aviation Security: TSA Should Ensure
Screening Technologies Continue to Meet Detection Requirements
after Deployment (GAO-20-56), which raised concerns about TSA's
ability to address ongoing requirements after the deployment of
screening technology. Within 90 days of the date of enactment
of this Act, TSA shall brief the Committee on steps it has
taken or is taking to implement those recommendations.
Countering Unmanned Aerial Systems (c-UAS).--The Committee
is aware that TSA is establishing a c-UAS testbed for
detecting, identifying, monitoring, and classifying UAS
operating in the vicinity of airports, which can pose a serious
threat to arriving and departing aircraft. Included in the
recommendation is $3,000,000 to expand the c-UAS testing
program to a second major U.S. airport. In selecting a second
airport, TSA should consider factors such as geographic
diversity, frequency of UAS intrusions, and high passenger
volume. TSA is directed to brief the Committee, not later than
60 days after the date of enactment of this Act, on the status
of the testing program, including the process for selecting a
second testbed site and a multi-year plan and schedule for the
program.
Exit Lanes.--The recommendation restores full funding to
maintain TSA staffing at certain existing airport exit lanes,
as required by law.
Federal Air Marshals (FAMS).--GAO recently addressed the
mental and physical health challenges facing Federal Air
Marshals in Aviation Security: Federal Air Marshal Service Has
taken Steps to Address Workforces Issues, but Additional
Actions Needed (GAO-20-125). Within 90 days of the date of
enactment of this Act, TSA shall brief the Committee on the
steps it has taken or is in the process of taking to address
the recommendations in the report.
Interoperable Communications.--TSA is directed to identify
gaps within its interoperable communications networks across
media platforms, including radio, voice, text, video, data
files, and telephone communications. Based on the results of
that analysis, TSA shall brief the Committee, not later than
120 days after the date of enactment of this Act, on a plan for
pilot testing technology solutions at multiple airports to fill
such gaps.
K-9 Program.--The Office of Inspector General recently
released a report, TSA's Challenges with Passenger Screening
Canine Teams (OIG-20-28), that addressed concerns with the
current approach to using canines and included recommendations
for improvement. Within 60 days of the date of enactment of
this Act, TSA shall brief the Committee on the steps it is
taking to implement the report's recommendations, as well as
its methodology for determining where teams are deployed.
Screener Training.--GAO released a report in February 2020,
TSA Updated Screener Training to Address Risks, but Should
Enhance Processes to Monitor Compliance (GAO-20-219),
highlighting the need for the screener workforce to complete
and track training requirements. Within 60 days of the date of
enactment of this Act, TSA shall brief the Committee on the
steps it is taking to implement the report's recommendations,
as well as its plan to incorporate innovative training
solutions to enhance screening performance, including an
evaluation of distributed, game-based training.
Screening Medical Devices.--The Committee is aware that TSA
works with other federal agencies to identify best practices
for appropriately identifying medical devices during the
passenger screening process while respecting passenger privacy
and minimizing the risk of damaging the devices. TSA is
directed to brief the Committee, not later than 90 days of the
date of enactment of this Act, on its screening practices
related to medical device equipment.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020....................... $110,100,000
Budget request, fiscal year 2021...................... 33,385,000
Recommended in the bill............................... 154,492,000
Bill compared with:
Appropriation, fiscal year 2020................... +44,392,000
Budget request, fiscal year 2021.................. +121,107,000
The recommendation includes increases above the request
totaling $121,107,000, including $46,107,000 for computed
tomography equipment; $55,000,000 for credential authentication
and standoff detection technology; and $20,000,000 for
reimbursements to airports for the purchase of legacy in-line
explosive detection equipment.
Aviation Security Capital Fund.--The Public Area Security
National Framework, which TSA issued in 2017 in coordination
with aviation security stakeholders, recognizes Airport
Operations Centers (AOC) as the best manifestations of aligning
resources across various domains in support of aviation
security. The establishment of joint AOCs is one of the
Framework's 11 recommendations. As TSA continues to work with
airports around the country to establish AOCs, the Committee
encourages TSA to consider the use of ASCF funding to support
such efforts, and directs TSA to brief the Committee, not later
than 60 days after the date of enactment of this Act, on the
feasibility of using the ASCF for this purpose.
Computed Tomography Equipment (CT).--The recommendation
includes $75,000,000, an increase of $46,107,000 above the
request, to accelerate the procurement and installation of CT
equipment, which provides enhanced detection capabilities for
carry-on baggage at airport checkpoints.
Credential Authentication and Standoff Detection.--The
recommendation includes $55,000,000 to finish the nationwide
deployment of credential authentication technology (CAT) and
for standoff detection technology. The Committee is aware of
TSA's interest in deploying technology that will minimize
physical contact between screeners and passengers, including
Credential Authentication Technology with Camera (CAT-C). Not
later than 90 days after the date of enactment of this Act, TSA
shall provide a briefing on technology in use, being deployed
or being considered that would reduce physical contact with
passengers including CAT-C. The Committee is aware that TSA is
working on a technology solution and legal framework that would
help facilitate the continued operation of the Registered
Traveler Program. As part of the CAT briefing, TSA shall
address how CAT implementation will impact the Registered
Traveler Program and progress TSA is making on this technology
solution and legal framework. The briefing shall also address
steps being taken to safeguard passenger privacy.
Explosive Detection System Reimbursements.--The
recommendation includes $20,000,000 for TSA to continue
reimbursing airports that incurred costs associated with the
development of a partial or completed in-line baggage system
prior to August 3, 2007. TSA is directed to brief the
Committee, within 60 days after the date of enactment of this
Act, on its timeline and allocation plan for these funds and on
a plan for how it will address the remaining balance of
reimbursement claims in future budget requests.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2020....................... $22,902,000
Budget request, fiscal year 2021...................... 29,524,000
Recommended in the bill............................... 29,524,000
Bill compared with:
Appropriation, fiscal year 2020................... +6,622,000
Budget request, fiscal year 2021.................. - - -
Coast Guard
Appropriation, fiscal year 2020*...................... $11,966,124,000
Budget request, fiscal year 2021...................... 12,101,598,000
Recommended in the bill**............................. 12,812,825,000
Bill compared with:
Appropriation, fiscal year 2020................... +846,701,000
Budget request, fiscal year 2021.................. +711,227,000
*Note--total includes $190,000,000 in overseas contingency operations
funding.
**Note--total includes $215,000,000 in overseas contingency operations
funding.
Mission
The Coast Guard is the principal federal agency charged
with maritime safety, security, and stewardship. It is a
military, multi-mission, maritime service within the Department
of Homeland Security and one of the nation's armed services.
OPERATIONS & SUPPORT
Appropriation, fiscal year 2020*...................... $8,181,253,000
Budget request, fiscal year 2021...................... 8,377,740,000
Recommended in the bill**............................. 8,560,267,000
Bill compared with:
Appropriation, fiscal year 2020................... +379,014,000
Budget request, fiscal year 2021.................. +182,527,000
*Note--total includes $190,000,000 in overseas contingency operations
funding.
**Note--total includes $215,000,000 in overseas contingency operations
funding.
The recommendation in this bill continues and expands upon
on this Committee's support for the Coast Guard, by not only
providing additional air and sea assets, but also to investing
further in personnel and families, operational readiness, and
shore facilities. The recommendation includes the following
increases above the request: $6,000,000 for recruitment and
retention; $6,359,000, for training and critical course
development; $14,000,000 for infrastructure modernization--
Rescue 21 Alaska; $6,000,000 to implement a big data platform;
$6,500,000 for phone systems modernization; $15,000,000 for
next generation cutter underway connectivity; $3,000,000 to
support MH-65 Link 16; $16,000,000 for cyber readiness;
$17,500,000 for cutter navigation and domain awareness Systems;
$5,000,000 for critical depot level maintenance for cutters,
boats, and aircraft; $26,866,000 to begin to address the
backlog for Command, Control, Communications, Computers, Cyber,
and Intelligence Systems; $20,000,000 for depot maintenance for
shore assets; $5,000,000 for per- and polyfluoroalkyl
substances evaluations and response; $2,500,000 for the Safe
Homes Initiative; $19,500,000 to maintain current services;
$4,900,000 for mental health support and services: and
$5,000,000 to continue fiscal year 2020 support activities
authorized under section 303 of Public Law 115-282.
The recommendation includes $215,000,000 in Overseas
Contingency Operations funding, rejecting the Administration's
proposal to fund those activities in the Coast Guard's
discretionary base. The recommendation does not include
$11,662,000 proposed for civilian awards spending increases.
Asian American and Pacific Islander (AAPI) Report.--The
Commandant is directed to provide to the Committee, not later
than 90 days after the date of enactment of this Act, data on
the number of Coast Guard personnel who identify as AAPI,
disaggregated by sub-ethnic groups identified in the American
Community Survey.
Ballast Water.--The Committee is concerned by the spread of
invasive species and other threats to marine and coastal
ecosystems through ballast water discharge infecting reefs
around Florida, the Caribbean Sea, and the Pacific Region. The
Committee directs the Coast Guard to provide a report not later
than 180 days after enactment of this Act on current
enforcement efforts on ballast water management and discharge
and additional resources needed to expand enforcement to
include a requirement for owners and operators of vessels with
ballast systems to conduct biological assessments and testing
of ballast water discharge.
Center of Expertise for Great Lakes Oil Spill Preparedness
and Response.--The Frank LoBiondo Coast Guard Authorization Act
of 2018 (Public Law 115-282) directed the Coast Guard to
establish a Center of Expertise for Great Lakes Oil Spill
Preparedness and Response. That Act specified that the Center
of Expertise shall be located in close proximity to critical
crude oil transportation infrastructure on the Great Lakes,
such as submerged pipelines, and near an institution of higher
education with adequate aquatic research laboratory facilities
and capabilities and expertise in Great Lakes aquatic ecology,
environmental chemistry, fish and wildlife, and water
resources. In accordance with Public Law 115-282, the Committee
urges the Coast Guard to prioritize a location for the Center
of Expertise that has established infrastructure, including
deep-water berths for large vessels, along with laboratories
and facilities for freshwater microbial research.
Coast Guard Museum.--The Recommendation includes $5,000,000
for the Coast Guard Museum, which may be used for authorized
activities including the preservation and protection of Coast
Guard artifacts and the design, fabrication, and installation
of exhibits or displays in which these artifacts are included.
The Coast Guard is directed to brief the Committee on a plan
for the use of these funds prior to their obligation.
Countering Transnational Criminal Organizations.--The
recommendation includes the request of $9,000,000 to expand the
Coast Guard's capacity to execute a multi-layered approach in
the Western Hemisphere maritime transit zone and dismantle
Transnational Criminal Organizations in the region. Within 60
days of the date of enactment of this Act, the Coast Guard
shall report to the Committee on its allocation plan for these
funds, including a detailed assessment on how the Coast Guard
will enhance the effectiveness of interdiction efforts and
mission requirements across the Eastern Pacific and the
Caribbean.
The Committee recognizes the importance of the Joint
Homeland Operations Center in San Diego, California, as a part
of this initiative and encourages future additional investments
to sustain mission capabilities in this critical region.
Electronic Health Records.--The Committee wishes to ensure
that the Coast Guard's transition to MHS GENESIS includes
digital transformation of legacy health records. The Secretary
is directed to review the plans for the digital transformation
of Coast Guard legacy health records, including time lines and
expected costs, and provide a briefing on the results not later
than 120 days after the enactment of this Act.
Expedited Requests for Transfer.--The Committee directs the
Coast Guard to report, not later than 90 days of the enactment
of this Act, on the number of ``expedited requests for
transfer'' that have been made by victims of sexual assault
during the previous fiscal year, the number of applications
denied, and, for each application denied, a description of the
reasons why such application was denied. As part of this
report, the Coast Guard shall also report on the number of
service members served by its Special Victim Counsel program in
the previous fiscal year.
Great Lakes Icebreaker Program.--The Committee includes the
requested amount to continue support for the Great Lakes
Icebreaker program office. The program office will continue to
explore ways to enhance icebreaking capacity on the Great
Lakes.
Indo-Pacific Strategy.--The Committee supports an expanded
operational role for the Coast Guard in the implementation of
the Administration's Indo-Pacific Strategy, especially in
building closer ties with partner countries and assisting in
capacity building in maritime security. The Committee directs
the Coast Guard to provide a new strategic intent report to the
Committee on its evolving role in the Indo-Pacific Strategy,
including risk assessments, strategy, implementation,
partnerships, and performance measures not later than 180 days
after the date of enactment of this Act.
Junior ROTC Program.--Section 519 of Public Law 116-92, the
National Defense Authorization Act of 2020, authorized the
Secretary to establish and maintain a Junior Reserve Officers'
Training Corps, at public and private secondary educational
institutions. The Committee directs the Coast Guard, within 60
days of the date of enactment of this Act, to report on the
requirements for establishing this program.
My Career Advancement Account Initiative.--The Committee
recognizes the strong correlation between servicemember
retention and the employment outcomes of their spouses. Section
580G of Public Law 116-92, the National Defense Authorization
Act of 2020, allows the spouse of a member of the Coast Guard
to participate in the My Career Advancement Account (MyCAA)
program of the Department of Defense. The Committee strongly
encourages the Coast Guard to ensure Coast Guard spouses are
able to benefit from this program and directs the Coast Guard
within 60 days of enactment of this Act to submit to the
Committee a report describing the resource requirements for
establishing this program.
Natural Disaster Resiliency.--The Committee remains
concerned about the risks posed by natural disasters and the
effects of climate change on Coast Guard facilities. Within 90
days of the date of enactment of this Act, the Coast Guard is
directed to brief the Committee on its efforts to address the
risk management recommendations in GAO 19 675 and GAO 19 711T,
including an assessment on the effects of sea level rise.
Powered Ascenders for Rotary-Wing Fleet.--The Committee
recognizes the importance of redundant systems for aviation
rescue operations and encourages the Coast Guard to consider
equipping its rotary-wing aircraft with lightweight, portable,
powered ascenders with lift capacity equivalent to conventional
rescue hoists.
STARBASE.--The Committee is pleased with the Coast Guard's
expanded authority to engage with the Department of Defense on
the youth STARBASE program. Based on the availability of
resources, the Coast Guard is encouraged to explore the
feasibility of participating in this program; evaluate and
obtain an understanding of best practices in implementing the
program; and keep the Committee informed of its activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020....................... $1,772,506,000
Budget request, fiscal year 2021...................... 1,637,091,000
Recommended in the bill............................... 2,158,791,000
Bill compared with:
Appropriation, fiscal year 2020................... +386,285,000
Budget request, fiscal year 2021.................. +521,700,000
The Coast Guard is directed to continue to brief the
Committee quarterly on all major acquisitions, consistent with
the direction in the explanatory statement accompanying Public
Law 114-4.
Vessels
Cutter Boats.--The recommendation includes $5,500,000 above
the requested level to procure combat craft assault vessels for
the Maritime Security Response Teams to address mission
capability requirements and standardize the mix of vessels
across both units.
Fast Response Cutter (FRC).--The recommendation provides
$260,000,000 for four FRCs, $240,000,000 above the request to
finish the program of record for this asset.
National Security Cutter (NSC).--The bill does not include
the proposed rescission of $70,000,000 of the $100,500,000
provided in fiscal year 2020 for the acquisition of long lead
time materials for the construction of a twelfth National
Security Cutter.
Offshore Patrol Cutter (OPC).--The recommendation provides
the requested $546,000,000 to continue the program of record
for these critical assets. The Committee directs the Coast
Guard to continue briefings, as described in Public Law 116-93,
on the metrics used to evaluate adherence to production
timelines and costs, as well as progress towards or challenges
experienced in meeting these metrics.
Polar Security Cutter (PSC).--The recommendation includes
the requested $555,000,000 for the procurement of a second PSC.
The Committee is committed to the importance of a U.S. presence
in the polar regions, especially the Arctic, and is pleased to
be able to continue to advance the procurement of these assets.
Aircraft
HC-130J Acquisition/Conversion/Sustainment.--The Committee
recommends $120,000,000, $110,000,000 above the request, for
one HC-130J long range surveillance aircraft, which will
support the production and missionization of the eighteenth
plane as part of an acquisition program goal of twenty-two
aircraft.
Long Range Command and Control Aircraft (LRCCA).--The Coast
Guard's LRCCA fleet includes one owned legacy asset that was
procured in 2001 and a newer leased asset. The Committee
understands that the Coast Guard currently plans to use funding
provided in its fiscal year 2020 appropriation to replace the
newer leased asset. Before committing to that approach, the
Commandant is directed the to reassess whether replacement of
the older aircraft couldbe more cost effective and provide
added operational capability. The Committee directs the Coast
Guard to provide an updated analysis to the Committee not later
than 60 days after the date of enactment of this Act.
In addition, the Coast Guard is directed to provide semi-
annual updates to the Committee on the utilization of these
aircraft, including operating and maintenance costs; dates when
the aircraft are out of service for maintenance, and whether
such maintenance was planned or unplanned; and the names and
titles of departmental officials and non-departmental
individuals traveling on the aircraft, including their dates of
travel. The first such update is due not later than 60 days
after the date of enactment of this Act and shall include the
required information for fiscal year 2020.
Shore Facilities and Aids to Navigation
Major Construction; Housing; Aids-to-Navigation; and Survey
& Design.--The recommendation includes $166,200,000 above the
request to support Coast Guard personnel and families by
funding the top two projects from the Housing, Family Support,
Safety, and Training Facilities category of the Coast Guard's
Unfunded Priority List (UPL) and the top four projects from the
Shore Construction Supporting Operational Assets and Maritime
Commerce category of the UPL. In addition to the amounts
provided, the recommendation assumes $4,000,000 from the Coast
Guard Housing Fund will be used for these projects. The Coast
Guard is directed to report to the Committee the actual
receipts collected into the fund not later than 30 days after
the end of the fiscal year.
Runway 1/19.--The Committee continues to support plans to
recapitalize Runway 1/19 at Base/Air Station Elizabeth City.
The Committee expects that the Coast Guard will continue to
work with state and local partners, including institutions of
higher learning on a plan for this project. The Committee also
expects the Coast Guard will continue to provide timely
information regarding the scope, costs, and benefits of the
project, including the viability of a financial and/or
operational partnership with non-federal stakeholders.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2020....................... $4,949,000
Budget request, fiscal year 2021...................... 5,276,000
Recommended in the bill............................... 8,276,000
Bill compared with:
Appropriation, fiscal year 2020................... +3,327,000
Budget request, fiscal year 2021.................. +3,000,000
Blue Technology Center of Expertise.--The Committee
understands the Coast Guard has detailed personnel to the new
Blue Technology Center of Expertise with a goal of advancing
opportunities for rapid identification, evaluation, and
transition of new blue technologies into Coast Guard
capabilities. The Committee directs the Coast Guard to report
periodically on the successes of the Center and encourages the
Coast Guard to continue and expand this partnership.
Comprehensive Incident Management System.--The Committee
understands that the Coast Guard currently lacks a unified
technology platform for situational awareness, including the
status of Coast Guard resources and assets, at U.S. ports. The
Committee encourages the Coast Guard to assess the feasibility
of conducting a pilot program to evaluate comprehensive
maritime incident management systems at one or more ports;
report to the Committee on the results of its assessment; and,
if warranted, provide a plan and timeline for carrying out such
a pilot.
Small Unmanned Aerial Systems (sUAS).--The Committee
supports the integration of unmanned aerial systems into Coast
Guard operations to provide greater situational awareness and
take advantage of developments in rapidly improving
reconnaissance technology. The Committee includes $3,000,000
above the request for further R&D as described in the UPL. The
Committee directs the Coast Guard to report to the Committee on
the results of this effort, to include the viability of sUAS on
appropriate assets in its existing fleets and any plans utilize
this capability for future programs, such as the OPC and PSC.
Unmanned Surface Vehicles (USV).--The Committee directs the
Coast Guard to report on the plans for research and development
activities related to USVs not later than 90 days after the
date of enactment of this Act, and of the subsequent findings
when they are available. Such findings should include how data
collected by these vehicles could augment current assets and
support operational maritime awareness, surveillance and
reconnaissance.
HEALTH CARE FUND CONTRIBUTION*
Appropriation, fiscal year 2020....................... $205,107,000
Budget request, fiscal year 2021...................... 215,787,000
Recommended in the bill............................... 215,787,000
Bill compared with:
Appropriation, fiscal year 2020................... +10,680,000
Budget request, fiscal year 2021.................. - - -
*This is a permanent indefinite discretionary appropriation.
The Health Care Fund Contribution accrues the Coast Guard's
military Medicare-eligible health benefit contribution to the
Department of Defense Medicare-Eligible Retiree Health Care
Fund. Contributions are for future Medicare-eligible retirees,
as well as retiree dependents and their potential survivors.
RETIRED PAY
Appropriation, fiscal year 2020....................... $1,802,309,000
Budget request, fiscal year 2021...................... 1,869,704,000
Recommended in the bill............................... 1,869,704,000
Bill compared with:
Appropriation, fiscal year 2020................... +67,395,000
Budget request, fiscal year 2021.................. - - -
The Retired Pay mandatory appropriation provides payments
as identified under the Retired Serviceman's Family Protection
and Survivor Benefits Plans and other retired personnel
entitlements identified under prior-year National Defense
Authorization Acts. This appropriation also includes funding
for medical care of retired personnel and their dependents.
United States Secret Service
Appropriation, fiscal year 2020....................... $2,415,845,000
Budget request, fiscal year 2021*..................... 2,360,538,000
Recommended in the bill............................... 2,432,796,000
Bill compared with:
Appropriation, fiscal year 2020................... +16,951,000
Budget request, fiscal year 2021.................. +72,258,000
*Note--funding for the Secret Service was proposed in the
Administration's fiscal year 2021 budget through the Department of the
Treasury.
Mission
The United States Secret Service (USSS) protects and
investigates threats against the President and Vice President,
their families, visiting heads of state, and other designated
individuals; protects the White House, the Vice President's
Residence, foreign missions, and certain other facilities
within Washington, D.C.; and coordinates the security at
National Special Security Events (NSSE). The Secret Service
also investigates violations of laws relating to counterfeiting
of obligations and securities of the United States; financial
crimes, including access device fraud, financial institution
fraud, identity theft, and computer fraud; and computer-based
attacks on financial, banking, and telecommunications
infrastructure. In addition, the agency provides support for
investigations related to missing and exploited children.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020....................... $2,336,401,000
Budget request, fiscal year 2021...................... 2,310,296,000
Recommended in the bill............................... 2,368,553,000
Bill compared with:
Appropriation, fiscal year 2020................... +32,152,000
Budget request, fiscal year 2021.................. +58,257,000
The fiscal year 2021 budget proposes transferring USSS to
the Treasury Department. Absent an enacted law to effect such a
transfer, the Committee recommends continued funding for the
Secret Service through the Department of Homeland Security.
The recommendation includes the following increases above
the request: $7,500,000 for overtime pay; $10,000,000 for
additional retention initiatives; $1,500,000 for Electronic
Crimes Task Force modernization; $20,000,000 for radio
modernization; $29,140,000 for basic and advanced computer
forensics training for state and local law enforcement
officers, judges, and prosecutors in support of the Secret
Service mission; $11,300,000 for IT support and infrastructure
modernization; and $14,000,000 for Operational Mission Support
(OMS).
Within the total amount provided, the bill makes
$41,807,000 available until September 30, 2022, of which
$11,480,000 is for the James J. Rowley Training Center;
$7,827,000 is for OMS; $4,500,000 is for NSSEs; and $18,000,000
is for protective travel. As directed in House Report 115-239,
USSS should attempt to fully obligate its Operations and
Support (O&S) funding during the fiscal year, including for OMS
projects.
Electronic Crimes.--The Committee notes that the Secret
Service is a lead federal agency in the effort to protect U.S.
consumers, banks, and small businesses from complex, cyber-
enabled financial crimes. This includes such crimes as Business
Email Compromise scams, network intrusions, online identity
theft, and the use of electronic ``skimming'' devices,
typically at gas station pumps or ATM machines, that steal
encoded information from debit and credit cards. The Committee
is concerned about the growing threat to consumers posed by
skimming, and encourages the Secret Service, in partnership
with the Federal Trade Commission, law enforcement officials
and gas station owners, to strengthen efforts to educate the
public about skimming, conduct anti-skimming investigations,
and apprehend the criminals responsible.
The Committee recognizes the efforts of the Secret
Service's Financial and Electronic Crimes Task Forces to combat
skimming across the United States, as well as the work of the
National Computer Forensics Institute (NCFI) to train and equip
state, local, and tribal law enforcement personnel to
effectively investigate and prosecute electronic crimes,
including skimming. To help address these concerns, the
Committee includes $1,500,000 above the request for electronic
crimes task force modernization, in addition to funds provided
for NCFI.
National Computer Forensics Institute.--The recommendation
includes $33,140,000 for continued support of the NCFI, which
is $29,140,000 above the request. The NCFI provides electronic
crimes investigation training to state and local law
enforcement officers, prosecutors, and judges who are nominated
for participation by USSS field offices.
Support to Missing and Exploited Children.--The
recommendation includes $6,000,000 for support of missing and
exploited children investigations, as requested, for a grant
related to investigations.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020....................... $66,989,000
Budget request, fiscal year 2021...................... 38,305,000
Recommended in the bill............................... 52,306,000
Bill compared with:
Appropriation, fiscal year 2020................... -14,683,000
Budget request, fiscal year 2021.................. +14,001,000
The recommendation includes an increase of $14,001,000
above the request for the James J. Rowley Training Center.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2020....................... $12,455,000
Budget request, fiscal year 2021...................... 11,937,000
Recommended in the bill............................... 11,937,000
Bill compared with:
Appropriation, fiscal year 2020................... -518,000
Budget request, fiscal year 2021.................. - - -
Title II--Administrative Provisions--This Act
Section 201. The Committee continues by reference a
provision regarding overtime compensation.
Section 202. The Committee continues and modifies a
provision allowing CBP to sustain or increase operations in
Puerto Rico and the U.S. Virgin Islands with appropriated
funds.
Section 203. The Committee continues a provision regarding
the availability of fee revenue collected from certain arriving
passengers.
Section 204. The Committee continues a provision allowing
CBP access to certain reimbursements for preclearance
activities.
Section 205. The Committee continues a provision regarding
the importation of prescription drugs by an individual for
personal use.
Section 206. The Committee continues a provision regarding
waivers of the Jones Act.
Section 207. The Committee continues a provision
prohibiting DHS from establishing a border crossing fee.
Section 208. The Committee continues a provision
prohibiting the obligation of funds prior to the submission of
an expenditure plan for funds made available for CBP
Procurement, Construction, and Improvements.
Section 209. The Committee continues and modifies a
provision allocating funds within CBP Procurement,
Construction, and Improvements account for specific purposes
and directs an updated risk-based plan be submitted.
Section 210. The Committee continues and modifies a
provision prohibiting the construction of border security
barriers in specified areas.
Section 211. The Committee includes a provision prohibiting
the construction of physical barriers along the southern land
border except by using amounts made available for such purposes
by prior appropriations Acts.
Section 212. The Committee continues and modifies a
provision prohibiting the construction of border security
barriers in specified areas.
Section 213. The Committee continues a provision
prohibiting the use of funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support''
for the 287(g) program if the terms of the agreement governing
the delegation of authority have been materially violated.
Section 214. The Committee continues a provision
prohibiting the use of funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support''
to contract for detention services if the facility receives
less than ``adequate'' ratings in two consecutive performance
evaluations.
Section 215. The Committee continues and modifies a
provision related to information sharing between ICE and the
Office Refugee Resettlement (ORR) that prohibits ICE from using
information for removal purposes if it was provided by as part
of a process of sponsoring an unaccompanied alien child or
reuniting a child with a family member or if it is based on
information gathered in therapy sessions for child while in
ORR.
Section 216. The Committee continues a provision that
requires ICE to provide information and statistics about the
287(g) program.
Section 217. The Committee continues and modifies a
provision that requires ICE to provide statistics about its
detention population.
Section 218. The Committee includes a new provision
ensuring aliens' access to legal counsel and know your rights
presentations for specified legal proceedings and requires the
Secretary and the Director of the Office of Civil Rights and
Liberties to certify that such requirements have been met.
Section 219. The Committee includes a provision that
prohibits the detention of individuals for more than the
specified periods if they do not pose a threat to public safety
or a flight risk and ensures that transgender detainees are
detained in facilities that comply with ICE standards for such
individuals.
Section 220. The Committee includes a provision to focus
Homeland Security Investigations activities on functions that
are not redundant to those of Enforcement and Removal
Operations.
Section 221. The Committee includes a provision that
prohibits ICE from removing individuals with a pending Violence
Against Women Act (VAWA), U-visa, or T-visa application or a
pending appeal of a denial related to such visas.
Section 222. The Committee continues a provision clarifying
that certain elected and appointed officials are not exempt
from federal passenger and baggage screening.
Section 223. The Committee continues a provision directing
the deployment of explosive detection systems based on risk and
other factors.
Section 224. The Committee continues a provision
authorizing TSA to use funds from the Aviation Security Capital
Fund for the procurement and installation of explosive
detection systems or for other purposes authorized by law.
Section 225. The Committee includes a provision directing
the Administrator of TSA to report to specified Committees
about the agency's investment plans.
Section 226. The Committee includes a provision to extend
the authority for a reimbursable TSA pilot program in Public
Law 116-6 through fiscal year 2023 to enable completion of the
pilot.
Section 227. The Committee continues a provision
prohibiting funds made available by this Act under the heading
``Coast Guard--Operations and Support'' for recreational vessel
expenses, except to the extent fees are collected from owners
of yachts and credited to this appropriation.
Section 228. The Committee continues and modifies a
provision allowing up to $10,000,000 to be reprogrammed to or
from Military Pay and Allowances within ``Coast Guard--
Operations and Support''.
Section 229. The Committee continues a provision requiring
submission of a future-years capital investment plan.
Section 230. The Committee includes a provision allowing
the allocations of funds made available for Overseas
Contingency Operations/Global War on Terrorism.
Section 231. The Committee includes a provision allowing
for the use of the Coast Guard Housing Fund.
Section 232. The Committee continues a provision allowing
the Secret Service to obligate funds in anticipation of
reimbursement for personnel receiving training.
Section 233. The Committee continues a provision
prohibiting funds made available to the Secret Service from
being used for the protection of the head of a federal agency
other than the Secretary of Homeland Security, except when the
Director has entered into a reimbursable agreement for such
protection services.
Section 234. The Committee continues and modifies a
provision allowing the reprogramming of funds within ``United
States Secret Service--Operations and Support''.
Section 235. The Committee continues a provision allowing
for funds made available for ``United States Secret Service--
Operations and Support'' to be available for travel of
employees on protective missions without regard to limitations
on such expenditures in this or any other Act after
notification to the Committees on Appropriations.
Section 236. The Committee includes a provision requiring
semi-monthly reporting on a public website related to requests
by law enforcement agencies for support from DHS law
enforcement personnel and requiring notification to the
Committee when DHS provides such support.
Section 237. The Committee includes a provision prohibiting
the use of funds to modify or revoke ICE guidance related to
SEVP stakeholders.
Section 238. The Committee includes a provision prohibiting
the use of funds by ICE to operate a citizen academy program.
Section 239. The Committee includes a provision requiring
the Secretary to temporarily stay the removal of certain alien
beneficiaries of private bills.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
Appropriation, fiscal year 2020....................... $2,015,622,000
Budget request, fiscal year 2021...................... 1,757,798,000
Recommended in the bill............................... 2,254,747,000
Bill compared with:
Appropriation, fiscal year 2020................... +239,125,000
Budget request, fiscal year 2021.................. +496,949,000
Mission
The Cybersecurity and Infrastructure Security Agency (CISA)
is responsible for enhancing the security of the nation's
physical and cyber infrastructure and interoperable
communications systems; safeguarding and securing cyberspace;
and strengthening national preparedness and resilience.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020....................... $1,566,229,000
Budget request, fiscal year 2021...................... 1,437,888,000
Recommended in the bill............................... 1,843,891,000
Bill compared with:
Appropriation, fiscal year 2020................... +277,662,000
Budget request, fiscal year 2021.................. +406,003,000
The recommendation includes increases above the request
totaling $240,902,000 to help maintain current services through
restorations of proposed program reductions and annualizations
of prior year initiatives. In addition, the Committee provides
$170,742,000 in enhancements above the request, which are
describe in more detail below.
Proposed amounts are reduced by $3,866,000 for proposed
increases in awards spending and a net reduction of $1,775,000
associated with proposed adjustments across the account that
were either unjustified or in error.
The Committee is disappointed in the lack of quality and
detail provided in CISA's fiscal year 2021 budget justification
documents, to include several errors and unjustified
adjustments that appear to be attributable to CISA's premature
proposal for a new PPA structure and raise questions about
whether the budget could be executed as requested. The
Committee is also concerned that the request did not sustain
funding for initiatives funded in fiscal years 2019 and 2020,
to include significant hiring initiatives, and the budget
justification materials failed to address the personnel who
would be impacted.
While the recommendation adopts the proposed PPA structure,
it rejects adjustments that CISA was unable to adequately
defend and it allocates funding at a more detailed accounting
level to ensure transparency and executability and to encourage
accountability. CISA is directed to submit the fiscal year 2022
budget request at the same level of PPA detail as provided in
the table at the end of this report with no further adjustments
to the PPA structure.
Additionally, CISA is directed to continue to provide the
quarterly spend plan and hiring briefings required by the
explanatory statement accompanying the Department of Homeland
Security Appropriations Act, 2020, (Public Law 116-93), to be
updated for the new initiatives funded in this Act.
Cybersecurity
Consequence Analysis.--The Committee encourages CISA to
continue to use commercial, human-led threat behavioral
analysis and technology, and to employ private sector,
industry-specific, threat intelligence and best practices to
better characterize potential consequences to critical
infrastructure sectors during a systemic cyber event.
Cyber Defense Education and Training Initiative.--The
Committee provides an increase above the request of $32,607,000
to support the Cyber Defense Education and Training Initiative,
of which $11,907,000 is to sustain related prior year
initiatives, including $4,300,000 for the Cybersecurity
Education and Training Assistance Program (CETAP). The
recommended increase also includes $5,700,000 above the request
to further expand cybersecurity education programs targeting
the Kindergarten through 12th grade (K-12) community, including
CETAP, to support the development of education delivery methods
that engage K-12 students, teachers, counselors and post-
secondary institutions and encourage students to pursue
cybersecurity careers. Lastly, the recommended increase
includes $15,000,000 above the request to support the National
Institute of Standards and Technology (NIST) National
Initiative for Cybersecurity Education (NICE) Challenge project
or for similar efforts to address shortages in the
cybersecurity workforce through the development of content and
curriculum for colleges, universities, and other higher
education.
Cyber Threats to Critical Election Infrastructure.--The
Committee is encouraged by CISA's election-related support to
state and local election officials and urges CISA and the
Election Infrastructure Information Sharing and Analysis Center
(EI-ISAC) to expand outreach to the most vulnerable
jurisdictions. By not later than December 1, 2020, CISA is
directed to brief the Committee on the outcome of its efforts
related to the 2020 elections, to include any preliminary
findings.
Cybersecurity Briefings.--The Committee directs CISA to
continue providing the semiannual briefing on the National
Cybersecurity Protection System (NCPS) program and the
Continuous Diagnostics and Mitigation (CDM) program as
described in House Report 116-180. The Committee also reminds
CISA of the briefing on CDM and NCPS modernization required by
the Explanatory Statement accompanying Public Law 116-93 and
looks forward to receiving this briefing as soon as possible.
Cybersecurity Mission Systems Engineering.--The
recommendation provides an increase of $3,633,000 above the
request in the Operations and Support account and $47,846,000
in the Procurement, Construction, and Improvements account to
upgrade and invest in a strategic, agency-wide approach to the
systems engineering lifecycle of capabilities that support all
CISA cybersecurity operations, including Threat Hunting and
Vulnerability Management. This funding will help protect
federal networks and critical infrastructure from nation-state
threats and reduce vulnerabilities.
Cybersecurity Workforce.--The Committee reminds CISA of the
briefing on addressing shortages in the cybersecurity workforce
required by the Explanatory Statement accompanying Public Law
116-93 and looks forward to receiving this briefing as soon as
possible.
Federal Cybersecurity.--Advanced CDM cybersecurity
capabilities and the Agency-Wide Adaptive Risk Enumeration
(AWARE) scoring system have enabled agencies to prioritize
actions and improve their basic cybersecurity hygiene. However,
CISA can do more to assist agencies in using CDM tools. CISA is
encouraged to ensure agencies have the training and information
necessary to fully leverage their CDM capabilities, to include
guidance on best practices, sample architectures, and
downloadable security policy sets.
Additionally, given NCPS's success at delivering core
capabilities for CISA and the federal government, it may be a
useful platform on which to overlay other critical
cybersecurity capabilities. Therefore, the Committee directs
CISA to develop an analysis of alternatives for aligning
vulnerability management, incident response, and NCPS
capabilities. Not later than 60 days after the date of
enactment of this Act, CISA shall brief the Committee on its
findings.
Federal Cyber Risk Administration.--The Federal Information
Security Modernization Act (FIMA) requires that the Secretary,
in consultation with the Director of the Office of Management
and Budget, ``administer the implementation of agency
information security policies and practices'' for specified
federal civilian information systems and operate a ``central
Federal information security incident center'' (44 U.S.C. 3553,
3556). To support this role, the Committee provides an increase
of $5,881,000 above the request to establish a formal program
office to help federal civilian agencies understand, adopt, and
implement effective cybersecurity governance practices and
promote proactive interagency planning and coordination. The
Committee also provides an increase of $9,257,000 to establish
a formal program office to coordinate supply chain risk
management efforts for federal civilian agencies; act as the
executive agent for the Federal Acquisition Security Council
(FASC), as authorized by the SECURE Technology Act, 2018
(Public Law 115-390); and fund various supply chain related
efforts and services.
Hunt and Incident Response Teams.--In the face of cyber
threats from nation-state adversaries such as Russia, China,
Iran, and North Korea, the Committee recommends an increase of
$6,000,000 above fiscal year 2020 funding levels to continue to
grow CISA's threat hunting capabilities. CISA's threat hunting
teams are a critical capability to identifying and mitigating
threats that are present on our federal government networks and
nation's critical infrastructure. CISA's threat hunters pursue
advanced threat actors by leveraging information from the U.S.
intelligence community, private sector threat intelligence
providers, and international partners, and from private sector
partners through voluntary partnerships.
Joint Cyber Center (JCC) for National Cyber Defense.--The
recommendation provides an increase of $11,568,000 above the
request to establish a JCC to bring together federal and SLTT
governments, industry, and international partners to
strategically and operationally counter nation-state cyber
threats. The Committee directs CISA to brief the Committee not
later than 60 days after the date of enactment of this Act on a
plan for establishing the JCC, including a charter; budget and
hiring plan; description of how it will complement and leverage
other CISA capabilities; and strategy for partnering with the
aforementioned stakeholders.
Multi-State Information Sharing and Analysis Center (MS-
ISAC).--The Committee is encouraged by the successes of the MS-
ISAC to provide cost effective and innovative solutions to SLTT
governments. The recommendation restores the proposed
$11,439,000 reduction to this capability and provides an
additional $8,007,000 to sustain and continue to expand and
invest in the program's capabilities, to include endpoint
detection and response; malicious domain activity blocking; and
improving threat intelligence capabilities.
Shared Cybersecurity Services Office.--Through the Shared
Cybersecurity Services Office (SCSO), CISA serves as the
Quality Services Management Office for federal cybersecurity.
To help improve efforts to make strategic cybersecurity
services available to federal agencies, the Committee includes
$5,064,000 above the request to sustain prior year investments
and an additional $5,000,000 to continue to expand the office.
The Committee also supports continuing efforts by the
Department to protect its networks from adversaries, including
the development of a vulnerability disclosure policy, and
supports CISA's efforts to implement similar policies across
federal civilian agencies, such as through Binding Operational
Directive 20-01. Within the funds provided for SCSO, CISA is
directed to work with the Management Directorate to conduct a
crowd-sourced security testing program that uses technology
platforms and ethical security researchers to test for
vulnerabilities on departmental systems. In addition, not later
than 90 days after the date of enactment of this Act, CISA is
directed to brief the Committee on opportunities for state and
local governments to leverage shared services provided through
SCSO or a similar capability and to explore the feasibility of
executing a pilot program focused on this goal.
Vulnerability Management Infrastructure.--The Committee
recognizes that as the number of networked devices across
cyberspace increases exponentially, so has the number of
identified and reported vulnerabilities in the software and
hardware that operates critical infrastructure globally. The
Committee provides an increase of $10,022,000 above the request
for the underlying infrastructure that enables better
identification, analysis, and publication of known
vulnerabilities and common attack patterns, including through
the National Vulnerability Database, and to expand the
coordinated responsible disclosure of vulnerabilities.
Infrastructure Security
Bombing Prevention--Advanced Training Initiative.--The
Committee provides an increase of $5,370,000 above the request
for the bombing prevention advanced training initiative, to
include improvements to the counterterrorism and targeted
violence program and to expand capacity and coverage.
Stakeholder Exercise Program.--The Committee provides an
increase of $5,185,000 above the request to address the growing
demand for CISA exercise services.
Emergency Communications
First Responder Emergency Medical Communications.--The
recommendation continues prior year funding of $2,000,000 to
administer SLTT projects that aid in the implementation of the
National Emergency Communications Plan and demonstration of
emergency medical communications in rural areas.
Integrated Operations
Grid Security and Resiliency.--Electricity grid security
and resiliency are issues of paramount importance to our
national security. In the face of global cyber threats from
nations such as Iran, Russia, China, and North Korea, the U.S.
national grid infrastructure remains a top target for attacks.
The committee encourages CISA to work closely with electric
cooperatives, state investor owned utilities, municipal
utilities, and other utility providers to plan and build out
needed cybersecurity infrastructure and enhance ongoing efforts
to improve cybersecurity posture.
Risk Management Operations
Critical Infrastructure Dependency Analyses.--The Committee
provides an increase of $2,000,000 above the request to
accelerate the availability of capabilities to better
understand, operationalize, and visualize critical
infrastructure dependencies. CISA is encouraged to consider
enhanced capabilities provided by emerging technologies, such
as Artificial Intelligence (AI)/Machine Learning (ML), to
support the understanding and visualization of cross-sector
dependencies. These analyses aid CISA's ability to make
available information required for decision support to
government and community cross-domain cyber and physical
incident planning, response, and recovery actions.
Modeling Capability Transition Environment (MCTE).--MCTE is
the National Risk Management Center's (NRMC) analytic
environment for the integration, refinement, and running of
models, simulations, and geospatial analyses. The NRMC's
expanded mission set has necessitated an increase in
requirements, which has impacted the MCTE's lifecycle cost
estimate. The Committee provides an increase of $4,056,000
above the request to fund these additional requirements.
National Critical Functions (NCFs) Analytic Capability.--
The Committee provides an increase of $25,200,000 above the
request to develop an agile analytic capability that can
evaluate evolving strategic technology risks for NCF assets
over a 5 to 20-year timespan. The NRMC is directed to brief the
Committee not later than 60 days after the date of enactment of
this Act on a plan of action and milestones for bringing this
capability online, including a budget and hiring plan.
Payment Systems.--CISA is directed to perform a risk
assessment, not later than 180 days after the date of enactment
of this Act, on vulnerabilities in U.S. payments systems,
including point of sale and online purchase systems, vulnerable
to data breaches. CISA shall make an unclassified version of
the assessment publicly available to help inform businesses and
consumers.
Supply Chain Risk Management.--The Committee continues to
be concerned about cyber vulnerabilities within supply chains,
which pose unacceptable risks to the nation's physical and
cyber infrastructure and, therefore, to national security. The
recommendation includes an increase of $18,005,000 above the
request to continue the development of capabilities to address
these risks through the ICT Supply Chain Risk Management Task
Force and other stakeholders, such as the FASC. This funding
shall be used for activities such as supply chain mapping and
risk assessments; qualified bidder and manufacturer lists
criteria development; and critical infrastructure commodities
supply chain analysis and modeling.
Stakeholder Engagement and Requirements
Critical Infrastructure Sector Management.--The
recommendation provides an increase of $5,000,000 to begin to
increase CISA's critical infrastructure sector management
support for the 8 sectors for which it is the Sector Specific-
Agency, and for its role in coordinating all 16 sectors on
behalf of the Secretary of Homeland Security, as defined in
Presidential Policy Directive 21.
Public Awareness Campaigns.--The recommendation includes an
increase of $5,500,000 to expand CISA's public awareness
campaigns to improve public resiliency to cybersecurity
attacks.
SLTT Resilience Technical Assistance.--The Committee is
concerned by the increasing prevalence of cyber-attacks on SLTT
governments, including ransomware attacks. The recommendation
provides an increase of $8,078,000 above the request to
increase technical assistance and other support for SLTT
partners to enhance cyber resilience and cyber information
sharing across the critical infrastructure ecosystem. The
Committee encourages CISA to explore opportunities to partner
with universities to leverage their expertise to help public
and private institutions prevent and respond quickly to
crippling cyber-attacks.
The Committee also directs CISA to work with appropriate
stakeholders on the development and promotion of cybersecurity
plans that could be adopted or modified for adoption by SLTT
governments, and to partner with FEMA to better leverage DHS
grant assistance authorities to support cybersecurity
investments. Not later than 45 days after the date of
submission of the fiscal year 2022 budget request, CISA is
directed to brief the Committee on its SLTT technical
assistance efforts, including a current understanding of the
threats to SLTT cybersecurity, known vulnerabilities, and an
assessment of SLTT capability gaps.
Stakeholder Relationship Management.--The recommendation
provides an increase of $6,100,000 above the request to
formally establish a Stakeholder Experience branch within the
Stakeholder Management subdivision, which shall be responsible
for implementing, operating, and maintaining CISA's Stakeholder
Relationship Management (SRM) system; implementing the CISA-
wide stakeholder Knowledge Management Program; coordinating,
publishing, and maintaining CISA's products and service
catalog; and managing a Stakeholder Analytics program.
State Court Electronic Data.--The Committee is concerned
with potential cyber-attacks on State Court electronic data,
which contain more than 95 percent of court filings in the
United States and on which state and federal agencies,
including law enforcement, rely on as a source of criminal
information. The Committee recommends that CISA advance its
efforts to help secure State Court electronic case management
systems, electronic data systems, and data transfers between
state courts and the state and federal agencies that rely on
this data.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020....................... $434,962,000
Budget request, fiscal year 2021...................... 313,479,000
Recommended in the bill............................... 396,425,000
Bill compared with:
Appropriation, fiscal year 2020................... -38,537,000
Budget request, fiscal year 2021.................. +82,946,000
Infrastructure Security
CISA Gateway Enterprise Data Platform.--The recommendation
provides an increase of $10,000,000 above the request to
modernize the CISA Gateway Enterprise Data Platform, which has
not been modernized significantly since 2014. These
capabilities need to be updated and aligned to provide value to
owners, operators, and decision makers, and to create an
information collection and analysis system that is mobile,
scalable, and user friendly.
Next Generation Networks (NGN) Priority Services (PS).--The
Committee provides an increase of $25,100,000 to accelerate
development and deployment of NGN-PS Phase 2 video, data, and
information services. This enhancement will support the
addition of priority voice capabilities to support all levels
of decision making, from senior leadership to first responders,
with real-time information to prevent, protect, and preserve
human life, critical infrastructures, and property from acts of
terrorism and natural disasters. Not later than 90 days after
the date of enactment of this Act, CISA is directed to provide
a briefing to the Committee on an updated NGN-PS acquisition
plan and deployment schedule.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2020....................... $14,431,000
Budget request, fiscal year 2021...................... 6,431,000
Recommended in the bill............................... 14,431,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. +8,000,000
Integrated Operations
Consistent with the funding provided in fiscal year 2020,
the recommendation includes increases above the request to
restore the proposed $5,000,000 reduction to the Technology
Development and Deployment Program and $3,000,000 to sustain
funding to develop capabilities to model, simulate, and conduct
other advanced analytics of disruptions to cyber and
infrastructure networks.
Federal Emergency Management Agency
Appropriation, fiscal year 2020................ $22,536,700,000
Budget request, fiscal year 2021............... 9,594,388,000
Recommended in the bill........................ 10,831,610,000
Bill compared with:
Appropriation, fiscal year 2020............ -11,705,090,000
Budget request, fiscal year 2021........... +1,237,222,000
Note:These amounts include funding designated by the Congress as being
for disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Mission
The Federal Emergency Management Agency (FEMA) helps build,
sustain, and improve the nation's capability to prepare for,
protect against, respond to, recover from, and mitigate all
hazards through disaster response, recovery, and grant programs
supporting first responders, emergency management, mitigation
activities, and preparedness.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020....................... $ 1,102,199,000
Budget request, fiscal year 2021...................... 1,134,195,000
Recommended in the bill............................... 1,155,750,000
Bill compared with:
Appropriation, fiscal year 2020................... +53,551,000
Budget request, fiscal year 2021.................. +21,555,000
The recommendation includes the following increases above
the request: $4,000,000 to restore the Emergency Management
Assistance Compact (EMAC); $20,000,000 for the Next Generation
Warning System as part of the Emergency Alert System;
$4,500,000 for the Integrated Public Alert and Warning System
(IPAWS); $3,000,000 for National Geospatial Infrastructure for
Disaster Response; and $1,000,000 to maintain current services
of the Interoperable Gateway System.
This recommendation also includes a reduction to the
request totaling $10,945,000 associated with proposed Awards
Spending increases.
Mitigation
Access to Flood Information.--The Committee supports FEMA's
efforts to integrate and improve technology in the National
Flood Insurance Program and other mitigation programs, and is
concerned about reports that state and local floodplain
mangers, emergency managers, and other officials are no longer
able to access data critical to performance of their
preparedness, mitigation and recovery responsibilities. Within
60 days of the date of enactment of this Act, FEMA is directed
to brief the Committee on steps that it can take within its
existing authorities to ensure state and local officials
receive the necessary access to this data while assuring
appropriate privacy protections.
Chief Resilience Officer.--The Committee is aware and
supportive of the six states that have designated a Chief
Resilience Officer (CRO) to coordinate planning and response
activities associated with addressing risks resulting from
flooding, sea level rise, and severe storms. The Committee
expects FEMA to coordinate with the existing state CROs in
addition to all of FEMA's state, tribal and other state agency
partners to identify opportunities for collaboration, create
new efficiencies in federal-state relations, and identify how
new or existing federal funding and other resources, including
non-federal resources, may be used to develop state-wide
resilience master plans and to work with additional states that
are beginning to take the lead on resilience by creating
agencies or offices specifically tasked with overseeing large
adaptation projects, proactively incorporating resilience into
old and new infrastructure, and coordinating across agencies.
To the extent possible, existing programs and initiatives
should be leveraged to include resilience and adaptation in
lieu of creating entirely new programs or initiatives that
would run in parallel with but disconnected from existing state
programs.
Mississippi River Resilience.--The Committee recognizes
that the Mississippi River basin from Minnesota to Louisiana is
a vital American waterway. Therefore, the Committee urges FEMA
to participate and coordinate as an essential federal
stakeholder with the Environmental Protection Agency on
developing a Mississippi River restoration and resiliency
strategy focused on improving water quality, restoring habitat
and natural systems, improved navigation, eliminating aquatic
invasive species, and building local resilience to natural
disasters.
Preparedness and Protection
The recommendation includes $20,000,000 for the Next
Generation Warning System as part of the Emergency Alert
System, including up to three percent for administration. The
Committee expects FEMA to work with Corporation for Public
Broadcasting to implement this program for public broadcasting
entities, as defined in 47 USC 397(11). The recommendation also
includes $4,500,000 round the clock support for state, local,
tribal and territorial users for the Integrated Public Alert
and Warning System (IPAWS). The recommendation rejects the
proposed cuts the Emergency Management Assistance Compact
(EMAC) and provides $4,000,000 for EMAC.
Response and Recovery
The Committee recommends the requested funding level for
the Urban Search and Rescue Response System (USAR) to fully
support the 28 USAR Task Forces and also includes an additional
$3,000,000 above the request for National Geospatial
Infrastructure for Disaster Response.
Mission Support
The recommendation rejects a proposed cut to the
Interoperable Gateway System.
Interoperable Communications.--The Committee directs FEMA
to assess the feasibility of using commercial off-the-shelf,
mobile mesh networking technology to ensure communications and
interoperability between federal, state, and local emergency
responders during disaster response efforts and to brief the
Committee on the results of the assessment not later than 180
days after the date of enactment of this Act.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020....................... $ 133,363,000
Budget request, fiscal year 2021...................... 86,503,000
Recommended in the bill............................... 122,353,000
Bill compared with:
Appropriation, fiscal year 2020................... -11,010,000
Budget request, fiscal year 2021.................. +35,850,000
The recommendation includes $30,500,000 above the request
for construction and facility improvements for the Mount
Weather Emergency Operations Center as well as an additional
$5,350,000 above the request for Grants Management
Modernization.
FEDERAL ASSISTANCE
Appropriation, fiscal year 2020....................... $3,188,467,000
Budget request, fiscal year 2021...................... 2,482,552,000
Recommended in the bill............................... 3,662,369,000
Bill compared with:
Appropriation, fiscal year 2020................... +473,902,000
Budget request, fiscal year 2021.................. +1,179,817,000
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommendation
------------------------------------------------------------------------
Federal Assistance:
Grants:
State Homeland Security $331,939,000 $700,000,000
Grant Program............
(Operation - - - (90,000,000)
Stonegarden).........
(Nonprofit Security).. - - - (180,000,000)
(Tribal Homeland ................. (15,000,000)
Security Grant
Program).............
Urban Area Security 426,461,000 795,000,000
Initiative...............
(Nonprofit Security).. - - - (180,000,000)
Public Transportation 36,358,000 110,000,000
Security Assistance......
(Amtrak Security)..... - - - (10,000,000)
(Other-the Road Bus - - - (3,000,000)
Security)............
Port Security Grants...... 36,358,000 110,000,000
Assistance to Firefighter 344,344,000 385,000,000
Grants...................
Staffing for Adequate Fire 344,344,000 385,000,000
and Emergency Response...
Emergency Management 279,335,000 385,000,000
Performance Grants.......
National Priority Security 406,909,000 - - -
Grant Program............
Flood Hazard Mapping and 100,000,000 263,000,000
Risk Analysis Program....
Emergency Food and Shelter - - - 150,000,000
Alternatives to Detention - - - 75,000,000
Case Management Program..
Terrorism and Targeted 20,000,000 20,000,000
Violence Prevention
Grants...................
-------------------------------------
Subtotal, Grants...... 2,326,048,000 3,378,000,000
Education, Training, and
Exercises
Center for Domestic 67,326,000 67,209,000
Preparedness.............
Center for Homeland - - - 18,000,000
Defense and Security.....
Emergency Management 20,229,000 21,868,000
Institute................
U.S. Fire Administration.. 49,716,000 49,038,000
National Domestic - - - 101,000,000
Preparedness Consortium..
Continuing Training Grants - - - 8,000,000
National Exercise Program. 19,233,000 19,254,000
-------------------------------------
Subtotal, Education, 156,504,000 284,369,000
Training, and
Exercises............
-------------------------------------
Total, Federal Assistance..... $2,482,552,000 $3,662,369,000
------------------------------------------------------------------------
Grants
A general provision is included in title V of the bill,
providing $41,000,000 to reimburse state and local law
enforcement for extraordinary costs associated with the
protection of the President in jurisdictions where the
President maintains a residence.
Alternatives to Detention Case Management.--The bill
includes funding for a new grant program to provide case
management services through nonprofit organizations and local
communities for individuals released from immigration custody.
The Committee directs FEMA to develop a program that will be
administered through a National Board. Such board shall be
chaired by and composed of non-profit organizations, similar in
structure to the Emergency Food and Shelter Grant Program, and
the funds shall be delivered through state and local boards and
services provided by non-profit organizations and local
government entities that normally provide services to such
individuals. Not later than 30 days after the date of enactment
of this Act, FEMA shall brief the Committees on its plan to
develop and administer the program.
Assistance to Firefighter Grants.--Recognizing the economic
and operational hardships caused by the current pandemic an
administrative provision is included the bill to require FEMA
to waive the matching and maintenance of expenditure provisions
for the Assistance to Firefighter Grants program.
Continuing Training Grants.--The total under this heading
includes $8,000,000 for Continuing Training Grants to support
competitively awarded training programs to address specific
national preparedness gaps such as cybersecurity, economic
recovery, housing, and rural and tribal preparedness. Of this
amount, not less than $3,000,000 shall be prioritized to be
competitively awarded for FEMA-certified rural and tribal
training.
Emergency Food and Shelter Grant Program (EFSGP).--The bill
includes an increase of $25,000,000 for EFSGP. The Committee
directs FEMA, in conjunction with the Emergency Food and
Shelter National Board, to provide a briefing not later than 60
days after the date of enactment of this Act on the current
methodology used to determine funding allocations to local food
and shelter boards, as well as its methodology for distributing
supplemental funding appropriated in the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136). The
briefing should also include an assessment of whether other
data sources related to hunger and homelessness, such as U.S.
Department of Agriculture data on the prevalence of food
insecurity or the U.S. Department of Housing and Urban
Development point-in-time homelessness count, could be
incorporated into the annual grant methodology to more
effectively address the goals of the program.
The Committee recognizes that lack of access to menstrual
hygiene products for homeless individuals can be devastating
and exacerbate already existing health care and hygiene
concerns and injustice. The Committee reminds FEMA that under
the Emergency Food and Shelter Grant program funds may be used
to provide menstrual hygiene products.
Flood Hazard Mapping and Risk Analysis.--Under the National
Flood Insurance Reform Act of 1994, FEMA is required to assess
the need to update all floodplains and flood risk zones once
every five years. To comply with this requirement, FEMA set a
national goal for floodplain mapping of having New, Valid, or
Updated Engineering (NVUE) for 80 percent of flood maps,
defined as a ratio of all floodplain miles studied divided by
the number of miles in FEMA's mapped inventory. FEMA has
indicated to the Committee that it will reach the 80 percent
target during fiscal year 2020 and that the reduced request of
$100,000,000 for the Flood Hazard Mapping and Risk Analysis
program in fiscal year 2021 is sufficient as the program enters
its maintenance phase. The Committee shares the concerns of
many stakeholder groups, however, that the scope of the current
program, which represents maps of approximately 1/3 of stream
miles in the country, is insufficient. Not later than 90 days
after the date of enactment of this Act, FEMA is directed to
brief the Committee on an analysis of whether additional stream
miles should be incorporated into the program to ensure that
accurate flood maps are available in more inhabited areas at
risk of flooding. Correspondingly, the Committee recommends
level funding of $263,000,000 for Flood Hazard Mapping and Risk
Analysis; this is in addition to $190,506,000 for Floodplain
Management and Mapping made available through the National
Flood Insurance Program.
Presidential Residence Protection Assistance.--The
Committee recognizes that increased protest activity occurring
near the President's residences outside of Washington, D.C.
causes a strain on local police, requiring departments to incur
overtime to keep the public safe. The Committee reminds FEMA to
consider these overtime costs to be applicable when
distributing funds under the Presidential Residence Protection
Assistance Grant program, which is intended to provide
reimbursement of extraordinary law enforcement for protection
of the President.
Procurement of Military Grade Equipment.--The Committee is
aware of concerns that preparedness grant programs, including
the Urban Area Security Initiative (UASI) and the State
Homeland Security Grant Program (SHSGP), allow law enforcement
agencies to acquire military or military grade equipment that
could be used in ways that are incompatible with the purposes
of those programs. Within 60 days of the date of enactment of
this Act, FEMA is directed to brief the Committee on the use of
UASI and SHSGP to purchase military or military grade
equipment, including vehicles and surveillance technology. The
briefing should address FEMA's processes for ensuring that the
procurement of such equipment is compatible with program
purposes and include an accounting of the use of grant funds to
procure such equipment over the last five fiscal years.
School Safety.--School hardening measures are eligible
activities under the Urban Areas Security Initiative and State
Homeland Security Grants. Funds may be used for bullet
resistant doors and glass, hinge-locking mechanisms, immediate
notification to emergency 911 systems, mechanisms that provide
real time actionable intelligence directly to law enforcement
and first responders, installation of distraction devices or
other countermeasures administered by law enforcement, and
other measures determined to provide significant improvement to
schools physical security. The Committee encourages FEMA to
work with states and school districts to increase awareness of
these funding opportunities.
Staffing for Adequate Fire and Emergency Response.--
Recognizing the economic and operational hardships caused by
the current pandemic an administrative provision is included
the bill to require FEMA to waive the matching and maintenance
of expenditure provisions for the Staffing for Adequate Fire
and Emergency Response (SAFER) program.
Tribal Homeland Security Grant Program.--Within the total
for the State Homeland Security Grant Program, the
recommendation includes $15,000,000 for the Tribal Homeland
Security Grant Program (THSGP), to help tribes continue to
develop their homeland security and emergency management
capacity. The Committee notes that the development and
production of identification documents compliant with Western
Hemisphere Travel Initiative standards are eligible uses of
THSGP funds.
Urban Area Security Initiative (UASI).--The Implementing
Recommendations of the 9/11 Commission Act of 2007 requires the
FEMA Administrator to conduct an annual assessment of the
relative threat, vulnerabilities, and consequences from acts of
terrorism faced by each of the 100 most populous metropolitan
statistical areas (MSA) in the United States Based on this
assessment, the Administrator designates high-risk urban areas
that are eligible for UASI grants. While the factors included
in this assessment are defined in statute, the specific
criteria that inform these factors and the methodology used to
carry out the assessment are at the discretion of the Secretary
and the Administrator, who review them on an annual basis.
Within 60 days of the date of enactment of this Act, the
Committee directs FEMA to provide an update on its risk
assessment methodology and results.
The Committee expects the Secretary to prioritize UASI
funding towards urban areas that are subject to the greatest
terrorism risk, and to allocate resources in proportion to that
risk. Consistent with prior years, the Department shall limit
UASI funding to urban areas representing up to 85 percent of
the national urban area risk.
DISASTER RELIEF FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020...................... $17,863,259,000
Budget request, fiscal year 2021..................... 5,653,366,000
Recommended in the bill.............................. 5,653,366,000
Bill compared with:
Appropriation, fiscal year 2020.................. -12,209,893,000
Budget request, fiscal year 2021................. - - -
Note:Totals include funding designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
The bill authorizes FEMA to transfer up to $200,000,000 to
the Disaster Assistance Direct Loan Program Account for the
cost of Community Disaster Loans as authorized under section
417 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5184).
Bilingual and Multi-Lingual Staff.--The Committee
encourages FEMA to continue hiring bilingual and multi-lingual
staff to meet the language needs of disaster survivors.
Breastfeeding.--The Committee recognizes that breastfeeding
confers meaningful clinical benefits for babies and mothers
while reducing healthcare costs and urges FEMA to continue to
ensure that breastfeeding mothers impacted by disasters
continue to have appropriate breastfeeding services and
supplies through its Critical Needs Assistance and other
programs. The Committee understands that FEMA is currently
updating its guidance on shelters to clarify the eligibility of
breastfeeding equipment and encourages FEMA to take additional
steps as appropriate to clarify that the cost of breastfeeding
equipment is eligible for reimbursement.
Disaster Communications.--Because electric infrastructure
is often damaged during natural disasters, many individuals are
unable to communicate with emergency response providers, other
support service providers, and family members because they are
unable to recharge mobile phones.
The Committee therefore encourages FEMA to examine cost
effective ways to provide mobile phone charging capabilities to
disaster survivors as it addresses other vital needs, such as
water, blankets and food.
Disaster Recovery Reform Act Implementation (DRRA).--The
Committee recognizes the efforts FEMA has made to implement the
DRRA (division D of Public Law 115-254) and the positive impact
that has made for states, communities and disaster survivors.
However, several provisions have still not been implemented
that were required to be immediately effective or that have
overdue statutory deadlines. These include section 1206 which
authorizes FEMA to provide assistance to state and local
governments for building code implementation and enforcement;
section 1211, which modifies the provisions for state
administration of housing programs; and the rule making under
section 1235 which would define ``resilient'' and
``resiliency.'' The Committee directs FEMA to implement those
sections of the DRRA that have not been implemented as
expeditiously as possible, especially those that were
immediately effect or those with overdue statutory deadlines.
In implementing section 1206, the Committee encourages FEMA to
broadly use its authority to effectuate the purposes of that
section and the DRRA as a whole.
Electric Grid Resiliency.--Within 120 days of the date of
enactment of this Act, FEMA shall brief the Committee on the
costs and benefits of using alternative methods to repair,
rebuild, and fortify disaster damaged electric grids. The
briefing shall include a cost/benefit analysis of various
alternatives such as traditional wood poles, composite utility
poles, and underground cables, and take into account such
considerations as geography, availability of materials, ease of
storage, delivery and installation logistics of replacement
materials, annual maintenance, and the effects of climate
change. The briefing shall also include the potential impact or
lack of equipment maintenance and minimal to no vegetation
management over the life of the project.
Fixed Cost Estimates.--In light of the current additional
burdens caused by the pandemic, the Committee encourages FEMA
to extend the deadline for the U.S. Virgin Islands to finalize
fixed-cost estimates for projects from Hurricanes Irma and
Maria using the Public Assistance Alternative Procedures
pursuant to section 428 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act by at least six months.
Jones Act.--Within 180 days of the date of enactment of
this Act, FEMA shall brief the Committee on the impact of the
Jones Act and its waiver on disaster relief for non-contiguous
U.S. state, territories and possessions, including an
assessment of the impact on recovery from the 2017 Puerto Rico
disasters and other actual and potential disasters affecting
non-contiguous territories and states such as Hawai'i and
Alaska
Public Assistance Project Worksheet Development and
Duplicative and Conflicting Administrative Requirements.--In
House Report 116-180, FEMA was directed to brief the Committee
on the process for Project Worksheet Development and
Duplicative and Conflicting Administrative Requirements. While
recognizing current operational constraints, the Committee
expects FEMA to provide those briefings in an expeditious
manner as conditions permit. When providing the briefing on
Public Assistance Project Worksheet Development, the Committee
expects FEMA to discuss technology it is using, how the Grants
Program Directorate is providing assistance, and how FEMA is
making improvements on project worksheet development,
processing and reimbursement timelines. When providing the
briefing on Duplicative and Conflicting Administrative
Requirements, the Committee expects FEMA to include other
agencies that provide disaster assistance as appropriate.
Recovery From 2017 Hurricanes.--The Committee continues to
be concerned about the overall pace of recovery from the 2017
Hurricanes in Puerto Rico and the U.S. Virgin Islands (USVI),
particularly following the recent earthquakes and during the
current pandemic. Moving forward, FEMA should make full use of
the additional authorities provided in the Bipartisan Balanced
Budget Act of 2018 (Public Law 115-123), the Disaster Recovery
Reform Act of 2018 (division D of Public Law 115-254), and the
Additional Supplemental Appropriations for Disaster Relief Act,
2019 (Public Law 116-20).
The Committee appreciates the interagency briefings that
have been provided on these recovery efforts and expects those
to continue. In addition to updates on the impacts of the
recent earthquakes and the current pandemic, the briefings
should report on progress in making reimbursements under the
Sheltering and Temporary Essential Power (STEP) program in USVI
and for electrical power restoration in Puerto Rico. The
Committee understands that some contractors and subcontractors
are still waiting for reimbursements more than two years after
completing associated USVI STEP and Puerto Rico electrical
power restoration work. While a number of factors have likely
contributed to this delay, a primary factor hindering these
payments has been the turnover of key FEMA officials and FEMA's
use of manual drawdowns. Another factor is the delay in
determining reasonable costs across the board. Failure to
provide timely approval of costs and payments not only puts
hardship on service providers, but likely makes those entities
less able, or willing, to help respond after future disasters.
STEM Education After Disasters.--The Committee encourages
FEMA to continue working with SLTT governments and eligible
private, nonprofit educational institutions to ensure that
disaster recovery planning includes the establishment of
temporary facilities to provide continuity in STEM education,
as appropriate.
NATIONAL FLOOD INSURANCE FUND
Appropriation, fiscal year 2020....................... $206,782,000
Budget request, fiscal year 2021...................... 204,412,000
Recommended in the bill............................... 204,412,000
Bill compared with:
Appropriation, fiscal year 2020................... -2,370,000
Budget request, fiscal year 2021.................. - - -
National Rating Organization (NRO).--Funding appropriated
in the bill from the National Flood Insurance Fund reflects a
change to FEMA's method of reimbursing the NRO as part of the
Community Rating System. Beginning in fiscal year 2021, FEMA
will reimburse the NRO directly rather than making
reimbursements through companies participating in the Write
Your Own program.
Title III--Administrative Provisions--This Act
Section 301. The Committee continues a provision limiting
expenses for the administration of grants.
Section 302. The Committee continues a provision specifying
timeframes for grant applications and awards.
Section 303. The Committee continues a provision requiring
a five-day advance notification for certain grant awards under
``Federal Emergency Management Agency--Federal Assistance.''
Section 304. The Committee continues a provision addressing
the availability of certain grant funds for the installation of
communications towers.
Section 305. The Committee continues a provision requiring
the submission of a monthly Disaster Relief Fund report.
Section 306. The Committee continues and modifies a
provision requiring the FEMA to grant waivers from specified
requirements of section 34 of the Federal Fire Prevention and
Control Act of 1974.
Section 307. The Committee continues a provision providing
for the receipt and expenditure of fees collected for the
Radiological Emergency Preparedness Program, as authorized by
Public Law 105-276.
Section 308. The Committee includes a provision allowing
the merger of funds provided in different parts of the Robert T
Stafford Act after the Administrator of FEMA notifies the
Committees of how it intends on using the merged funds.
Section 309. The Committee includes a provision requiring
the FEMA Administrator to waive certain requirements pertaining
to Assistance to Firefighter Grants.
Section 310. The Committee includes a provision making CISA
Operations and Support funding available for a cybersecurity
competition established by Executive Order No. 13870.
Section 311. The Committee includes a provision allowing
for reconsideration of certain state requests for Individual
Assistance under the Stafford Act.
Section 312. The Committee includes a provision authorizing
FEMA to provide Community Disaster Loans to U.S. territories
where major disasters were declared in 2018 and permits FEMA to
waive certain provisions of the Community Disaster Loan program
for such loans.
Section 313. The Committee includes a provision to cancel
the remaining balances of certain loans issued by FEMA.
Section 314. The Committee includes a provision to
establish a Cybersecurity Advisory Committee within CISA.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
Appropriation, fiscal year 2020....................... $132,395,000
Budget request, fiscal year 2021...................... 118,676,000
Recommended in the bill............................... 183,949,000
Bill compared with:
Appropriation, fiscal year 2020................... +51,554,000
Budget request, fiscal year 2021.................. +65,273,000
Mission
U.S. Citizenship and Immigration Services (USCIS)
adjudicates and grants immigration and citizenship benefits,
confirms eligibility for employment and public services, and
promotes an awareness and understanding of citizenship in
support of immigrant integration. USCIS activities are
primarily funded through fees collected from applicants for
immigration benefits.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020....................... $122,395,000
Budget request, fiscal year 2021...................... 118,676,000
Recommended in the bill............................... 163,949,000
Bill compared with:
Appropriation, fiscal year 2020................... +41,554,000
Budget request, fiscal year 2021.................. +45,273,000
The recommendation includes an increase of $8,807,000 above
the request to fund the Office of Citizenship; an increase of
$36,972,000 above the request to fund the Systematic Alien
Verification for Entitlements (SAVE) program; and a reduction
to the request of $506,000 for proposed increases in Awards
Spending for the E-Verify program.
Compliance with Transparency and Oversight Requirements.--
The Committee is disappointed and concerned with the
deterioration of U.S. Citizenship and Immigration Services'
(USCIS) transparency and compliance with oversight requirements
related to its policies and operations. Examples include a
failure to adhere to briefing and reporting deadlines;
significantly delayed responses to congressional inquiries; and
the failure of many responses to answer questions and provide
requested information.
The recommendation therefore includes a new provision that
withholds funding for the USCIS Office of the Director until
USCIS fully complies with the briefing and reporting
requirements in the explanatory statement accompanying the
Department of Homeland Security Appropriations Act, 2020, and
in this report.
The Committee is also concerned about the lack of
transparency in USCIS budget justification materials for it
mandatory funding accounts; biennial fee studies; and
supplemental documentation submitted in support of the rule,
``U.S. Citizenship and Immigration Services Fee Schedule and
Changes to Certain Other Immigration Benefit Request
Requirements,'' published in the Federal Register on November
14, 2019. The Committee notes that USCIS fee rates are intended
to ensure full cost recovery for the operations they fund;
without detailed financial data, Congress is unable to provide
adequate oversight of any budget or fee rate setting proposals.
For future budget justifications, fee studies, and fee rules,
USCIS is directed to provide a more detailed justification and
accounting level to ensure transparency and executability and
to encourage accountability. For the budget justification
materials, such details shall include justifications for each
adjustment to base and program change from the prior year for
each PPA and shall provide such information at the office-level
for the Administration PPA.
Domestic and Sexual Violence Training.--Not later than 120
days after the date of enactment of this Act, USCIS is directed
to require that each individual performing asylum officer
duties or reviewing the decisions of such personnel, receive
annual training on the dynamics of domestic and sexual violence
and how such dynamics impact asylum seekers and their
applications. The training must be conducted by individuals
with documented expertise in this subject area. Not later than
90 days after the date of enactment of this Act, USCIS shall
brief the Committee on the status of meeting this requirement.
E-Verify.--The Committee is concerned about the E-Verify
program's performance. While the database errors have improved
as the system's functionality has evolved, the program's
accuracy is still insufficient, resulting in individuals
falsely being identified as ineligible to work, especially
those with temporary protected status. When an individual is
falsely identified as ineligible to work and has received a
final non-confirmation from the system, there is no formal
process for review of this determination. Not later than 90
days after the date of enactment of this Act, USCIS is directed
to brief the Committee on a proposed review process for E-
Verify final non-confirmations.
Fee Waivers.--USCIS is directed to continue the use of full
fee waivers for applicants who can demonstrate an inability to
pay immigration and naturalization benefit application fees,
and to provide partial fee waivers for applicants who can
demonstrate earnings or income between 150 percent and 200
percent of the federal poverty guidelines and are otherwise
ineligible for full fee waivers. The Committee directs USCIS to
accept any one of the following items as proof of inability to
pay an immigration or naturalization benefit application fee:
(1) documentation of receipt of a means-tested public
benefit;
(2) documentation of income that is at or below 200
percent of the Federal Poverty Guidelines at the time
of filing; or
(3) documentation of financial hardship based on
extraordinary expenses or other circumstances.
Further, USCIS is directed to maintain naturalization fees at
an affordable level; reduce the backlog of applicants; and
reduce the costs of obtaining replacement certificates of
naturalization and certificates of citizenship, including by
cooperating with the Department of State on the screening of
derivative citizens.
H-2A and H-2B Visa Program Processes.--The Committee
reminds USCIS of the report on H-2A and H-2B Visa program
processes required by the Explanatory Statement accompanying
Public Law 116-93.
H-2B Visa Program Oversight.--Not later than 120 days after
the date of enactment of this Act, the Department shall report
to the Committee on the administrative remedies that the
Department of Labor has issued in each of the last three fiscal
years against entities or persons who violate H-2B
requirements. The report should contain, but not be limited to:
(1) a list of entities or persons cited, by industry
and violation;
(2) the number of H-2B workers impacted and the
nature of those impacts;
(3) the effects on the domestic workforce;
(4) the number of entities or persons debarred from
the H-2B program due to violations;
(5) a description of the criteria and methodology for
debarment decisions; and
(6) a justification for why repeat offenders, if any,
are allowed to continue to participate in the program.
H-2B Visa Program Reporting.--Within 120 days of the date
of enactment of this Act, the Department shall report to the
Committee on the distribution of visas granted through the H-2B
program. The report should contain, but not be limited to, a
tabulation of the percent of overall visas issued to the top 15
employers.
Humanitarian Petitions.--The Committee directs USCIS to
refrain from imposing fees upon any individual filing a
humanitarian petition, including but not limited to a request
for asylum; refugee admission; protection under the Violence
Against Women Act (VAWA); Special Immigrant Juvenile status; a
T or U visa; or a Special Immigrant Visa for Iraqi and Afghan
nationals. USCIS shall also refrain from imposing fees on any
individual who receives humanitarian protection and
subsequently requests adjustment of status or petitions for
another benefit. USCIS is also directed to adjudicate U Visa
certification requests within 90 days of submission, and to
provide a report not later than 180 days after the date of
enactment of this Act that identifies, on a quarterly basis,
the average response time for adjudicating U Visa applications
for each of the past five fiscal years and describes concrete
steps that are being taken to speed the process.
For each individual filing a humanitarian petition for U
Visa status who has provided a completed Form I-918, Supplement
B (U Nonimmigrant Status Certification) certified by a
sponsoring law enforcement agency, the Committee directs USCIS
to make a rebuttable presumption that the individual has met
the helpfulness requirement if there is no evidence showing
otherwise. USCIS shall report, on a publicly accessible
website, state-by-state data on denial and approval ratios for
such petitions, redacted as necessary to protect the safety or
privacy of the individual.
The Committee also urges USCIS to increase the number of
personnel dedicated to reviewing and adjudicating VAWA Self-
Petition applications, T-visa applications, and U-visa
applications, and to issue employment authorization to
individuals who have filed VAWA Self-Petition applications or
applications for nonimmigrant status under section
101(a)(15)(T) or 101(a)(5)(U) of the Immigration and
Nationality Act not later than the approval date or 180 days
after the application filing, whichever is earlier.
International Operations Division.--The Committee remains
concerned by USCIS's lack of planning and transparency as it
closed and plans to continue closing several of its
international offices. While USCIS provided a high-level
summary of anticipated cost-savings in its response to the
consulting and briefing directives on this topic in House
Report 116-180, it did not fully address the requirement to
provide a full accounting or provide descriptions related to
changes in service delivery. Information related to how
personnel have been impacted was also lacking, as was any
evidence that each of the relevant stakeholders was consulted
prior to decisions being made to close any international
office. The Committee directs USCIS to resubmit this briefing
to more fully meet the spirit and intent of the original
requirement.
Military Naturalization Applications.--USCIS is directed to
ensure that military naturalization applications are processed
within six months, as required by the Military Personnel
Citizenship Processing Act of 2008 (Public Law 110-382), and to
establish a military naturalization promotion program, in
conjunction with the Department of Defense, to ensure all
military service members and their families learn about and
consider their eligibility to apply for naturalization before
the military service member's separation from the military. Not
later than 90 days after the date of enactment of this Act,
USCIS shall brief the Committee on the status of meeting this
requirement.
Office of Citizenship.--The Committee provides $8,807,000
in discretionary funding for the Office of Citizenship in lieu
of relying on fee funding. Not later than 90 days after the
date of enactment of this Act, USCIS shall provide a briefing
to the Committee detailing the Office of Citizenship's
accomplishments during fiscal year 2020 and its planned
accomplishments for fiscal year 2021.
Further, in response to the briefing required by House
Report 116-180 regarding the promotion of U.S. citizenship to
legal permanent residents (LPRs) at ports of entry, CBP and
USCIS identified steps that each will take to educate LPRs
about their potential eligibility and the naturalization
process. The Committee encourages CBP and USCIS to continue
exploring the most effective methods to be used to ensure that
LPRs arriving at ports of entry are aware of the benefits of
citizenship and the process of becoming a U.S. citizen, to
include self-service kiosks, signage, videos, and verbal
scripts.
Processing Times.--USCIS is directed to prioritize the
timely processing of citizenship and other applications, with a
goal of adjudicating all requests within six months of
submission. Further, if USCIS publishes a Notice of Proposed
Rulemaking or Final Rule that proposes or adopts any amendment
to 8 C.F.R. Sec. 103.7(c)(3-5) that would impact fee levels,
USCIS shall include the following information in its associated
publications in the Federal Register:
(1) a detailed description of steps the agency will
take to reduce all average processing times to fewer
than six months within one year of publication; and
(2) an analysis of the amount of discretionary
funding needed, if any, to enable USCIS to limit fees
to rates that do not exceed appropriate inflation
rates.
USCIS is further directed to provide a report to the
Committee, not later than 90 days after the date of enactment
of this Act, on the number of application forms processed by
month for fiscal years 2016 to 2020 for the following:
(1) form I-130 (Petition for Alien Relative);
(2) form I-360 (Petition for Amerasian, Widow(er), or
Special Immigrant);
(3) form I-485 (Application to Register Permanent
Residence or Adjust Status);
(4) form I-751 (Petition to Remove Conditions on
Residence);
(5) form N-400 (Application for Naturalization); and
(6) forms for initial and renewed employment
authorization.
The report shall also include the following data, as
applicable:
(1) the immigration status of the petitioner (U.S.
citizen or legal permanent resident (LPR));
(2) the nationality of the applicant;
(3) the date the application was initially filed;
(4) the processing time; and
(5) the field office or service center responsible
for processing the application.
The report shall also describe the reasons for any changes in
processing rates or trends; any policy changes related to
processing; and what steps USCIS is taking to address any
delays.
Protections for Foreign Workers.--The Committee reminds
USCIS of the briefing requirement on protections for foreign
workers required by House Report 116-180 and looks forward to
receiving it as soon as possible.
Public Charge Rule.--The Committee continues to be
concerned about the potential impacts of the Department's
proposed rule entitled, ``Inadmissibility on Public Charge
Grounds'' that was entered in the Federal Register on October
10, 2018 (83 Fed. Reg. 51114), and strongly urges the
Department to rescind this proposal.
Refugee Security Vetting.--The Committee is concerned that
enhanced security-vetting requirements may be overburdening the
agencies responsible for the U.S. Refugee Admissions Program
(USRAP), potentially exacerbating historic lows in refugee
admissions. Accordingly, USCIS is directed to collaborate with
the Department of State and the Federal Bureau of Investigation
to provide a report, not later than 90 days after the date of
enactment of this Act, that identifies for the past five fiscal
years the yearly number of refugees in the USRAP pipeline who
are: awaiting an interview with USCIS; pending security
clearance after a USCIS interview; cleared for admission into
the United States; and awaiting departure. This report shall
also specify the average processing times, disaggregated by the
applicant's nationality, for completing each step listed above.
Finally, this report shall establish the number of DHS
personnel assigned to security screening of refugees for the
each of the five reported years and the estimated number of
personnel for the budget year.
Review of Fraud Operations.--The Committee is concerned
with reports of inefficiencies in fraud and other vetting
operations, particularly given the growth in staffing and
expenditures in recent years in those operations. Among these
are reports that the number of hours required to complete
investigations is being artificially increased to justify
increasing staffing and resources and with no concomitant
increase in actual measures of productivity. If true, it is
particularly alarming at a time when the agency is facing a
significant shortfall in its operational funding and plans to
soon impose significant increases in the fees paid by
applicants for immigration benefits. The Committee directs GAO
to review USCIS fraud and vetting operations, including a focus
on: changes to fraud and vetting operations and resource
requirements over the past 5 years; changes to metrics that
assess fraud and vetting operations over the past 5 years; the
evaluation and self-reporting processes for tracking the work
hours and productivity of personnel; workload volume; the
effectiveness of current fraud and other vetting strategies and
operations; and the use of technology to improve operational
efficiency. GAO shall provide the Committee an update on its
progress and its preliminary findings not later than 180 days
after the date of enactment of this Act.
Spouse Petitions.--With respect to fiance(e) or spouse
petitions involving a minor party, the Committee directs USCIS
to document the age of the minor party at the time of the
civil/legal marriage, along with the age difference between the
parties, with ages given in months as well as years.
Systematic Alien Verification for Entitlements (SAVE)
Program.--The Committee provides $36,972,000 in discretionary
funding for the SAVE program in lieu of relying solely on fee
funding. Not later than 120 days after the date of enactment of
this Act, USCIS shall provide a report to the Committees that
includes calculations of the percentage of all SAVE inquiries
from user agencies made pursuant to mandates in federal law and
the percentage related to benefits for which federal law does
not require immigration status verification. The report shall
provide this information for the last three fiscal years. In
addition, the report shall include estimates of the per-inquiry
and total amount of SAVE operational costs not recouped in user
fees for each fiscal year.
Unused Visas.--The Committee is concerned that the
Departments of Homeland Security and State have neglected their
duty under the Immigration and Nationality Act to take
affirmative steps to fully allocate all available immigrant
visa numbers to prospective family- and employment-based
immigrants. This inaction is especially concerning given the
unprecedented demand for such visa numbers and the availability
of ready and willing applicants currently within the United
States, including many currently employed in occupations deemed
essential by the Department of Homeland Security. Not later
than 30 days after the date of enactment of this Act, the
Committee directs USCIS, in consultation with the Department of
State, to brief the Committee on a plan to fully allocate
family- and employment-based visas in fiscal year 2021, and a
contingency plan to allocate prior year unused visas in the
event that such action is required (see, e.g., Silva v. Bell,
605 F.2d 978 (7th Cir. 1979)).
USCIS Resource Optimization Strategy.--Not later than 60
days after the date of submission of the fiscal year 2022
budget request, USCIS shall brief the Committee on
Appropriations and the House Judiciary Committee on an agency-
wide workload staffing allocation model for eliminating all
workload backlogs within three years and ensure that
applications and petitions are processed in a timely manner
within a sustainable resource profile. The model should reflect
the impact of business transformation initiatives such as
improved use of information technology; business process
reengineering; the streamlining of data required on forms from
applicants/petitioners; and the review of policy changes and
vetting procedures for necessity and efficiency. The model
shall not assume that work will be performed by employees
detailed from other agencies to perform core USCIS mission
duties and shall include cost saving measures to help lower fee
rates. The briefing shall identify current resource gaps;
implementation challenges; and any key policy or legislative
proposals that would help accelerate these objectives.
Voter Registration of New U.S. Citizens.--The Committee
urges USCIS to facilitate the voter registration of new U.S.
citizens upon their successful completion of oath ceremonies,
including through Memoranda of Understanding and other
agreements with state and local agencies responsible for
election administration that permit USCIS to electronically
transfer voter registration information of new citizens.
Website Data.--The Committee reminds USCIS of the briefing
requirement in House Report 116-180 on the feasibility of
posting data on DHS-administered visa categories, including the
J-1 and OPT categories administered by ICE through the Student
and Exchange Visitor Information System, on its website and
looks forward to receiving this briefing as soon as possible.
FEDERAL ASSISTANCE
Appropriation, fiscal year 2020....................... $10,000,000
Budget request, fiscal year 2021...................... - - -
Recommended in the bill............................... 20,000,000
Bill compared with:
Appropriation, fiscal year 2020................... +10,000,000
Budget request, fiscal year 2021.................. +20,000,000
The recommendation includes $20,000,000 above the request
to support the Citizenship and Integration Grant Program to
ensure the availability of sufficient funding for worthy
project proposals and to support projects that will test or
bring to scale innovative methods of English and civics
education and citizenship preparation that help set new
Americans up for economic and social success in the United
States.
Donation Acceptance Authority.--USCIS continues to have the
authority to accept private donations to support the
Citizenship and Integration Grant Program. The Committee
directs USCIS to provide an update on its planned use of this
authority not later than 30 days after the date of enactment of
this Act, to include efforts undertaken to increase public
awareness of this authority.
Grant Guidelines and Requirements.--The Committee is
concerned that the guidelines set forth in USCIS's Notice of
Funding Opportunity (NOFO) for fiscal year 2019 imposed
unnecessary and overly restrictive conditions on prospective
grant recipient organizations. USCIS is directed to provide
more flexible consideration to proposals that:
(1) provide portions of the English and civics
instruction and naturalization assistance in native
languages in addition to English;
(2) propose the use of personnel with non-traditional
qualifications for teaching English as a second
language; and
(3) are focused on helping individuals prepare and
file N-400 applications submitted without an attached
G-28 filed by a representative of the grant recipient
organization.
USCIS is also directed to return to the E-Verify requirements
and factors specified in the NOFO for fiscal year 2018, and to
provide at least two months for the submission of grant
proposals after publication of the NOFO.
Federal Law Enforcement Training Centers
Appropriation, fiscal year 2020....................... $351,170,000
Budget request, fiscal year 2021...................... 331,479,000
Recommended in the bill............................... 343,945,000
Bill compared with:
Appropriation, fiscal year 2020................... -7,225,000
Budget request, fiscal year 2021.................. +12,466,000
Mission
The Federal Law Enforcement Training Centers (FLETC)
provide or facilitate basic and advanced law enforcement
training for over 90 federal agencies and numerous state,
local, tribal, and international law enforcement organizations.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020....................... $292,997,000
Budget request, fiscal year 2021...................... 305,479,000
Recommended in the bill............................... 317,945,000
Bill compared with:
Appropriation, fiscal year 2020................... +24,948,000
Budget request, fiscal year 2021.................. +12,466,000
The recommendation includes $9,256,000 above the request to
maintain current services and $4,700,000 above the request for
the expansion of the Use of Force Instructor Training Program.
A reduction of $1,490,000 to the request is associated with a
proposed increase in Awards Spending.
Community College Partnerships.--The Committee encourages
FLETC to partner with community colleges to develop pre-academy
and other law enforcement training programs, including along
the southwest border where it is particularly important to
improve the Department's hiring pipeline for law enforcement
positions.
Interagency Training Centers.--The Committee is aware of
efforts by the Department and the National Guard to establish
interagency domestic operation training centers, and notes the
success of the Muscatatuck Urban Training Facility in
supporting a wide range of training requirements for Active
Duty service members, the National Guard, other federal
agencies, and domestic law enforcement. The Committee
encourages the Department to continue working with the National
Guard, as well as state and local leaders, to identify
opportunities for expanding domestic training on federal or
state property, particularly in regions that lack facilities
for training related to active shooters, dense urban terrain,
and cyber and electromagnetic response.
International Partnerships.--The Committee supports
international law enforcement capacity building programs to
develop new partnerships with other countries that build shared
values around the rule of law and good governance. The
Committee encourages FLETC to expand its capacity to enroll and
provide training for law enforcement officers of foreign
partners, especially as part of international capacity building
programs. The Committee directs FLETC to provide an annual
report to the Committee, beginning not later than 90 days after
the date of enactment of this Act, on the status of its
international programs, including the number of international
students trained, their countries of origin, programs
administered, and plans to expand existing partnerships and
develop new ones.
Training Facilities.--The Director shall schedule basic or
advanced law enforcement training, or both, at all four
training facilities to ensure they are operated at the highest
capacity throughout the fiscal year.
Use of Force Training.--The Committee is aware that FLETC
proactively convened a working group on Use of Force to improve
training for federal law enforcement officers in response to
recent events. The Committee directs FLETC to continue
expanding and improving upon training on racial profiling,
implicit bias, procedural justice, the use of force, and the
duty for officers to intervene when witnessing the use of
excessive force against civilians in accordance with the
related provisions in H.R. 7120, as passed by the House of
Representatives in June 2020. The Committee also directs FLETC
to expand training opportunities for state and local law
enforcement in these areas and provides $4,700,000 above the
request for this purpose. Not later than 60 days after the date
of enactment of this Act, FLETC shall brief the Committee on
the use of these funds.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020....................... $58,173,000
Budget request, fiscal year 2021...................... 26,000,000
Recommended in the bill............................... 26,000,000
Bill compared with:
Appropriation, fiscal year 2020................... -32,173,000
Budget request, fiscal year 2021.................. - - -
Science and Technology Directorate
Appropriation, fiscal year 2020....................... $737,275,000
Budget request, fiscal year 2021...................... 643,729,000
Recommended in the bill............................... 755,311,000
Bill compared with:
Appropriation, fiscal year 2020................... +18,036,000
Budget request, fiscal year 2021.................. +111,582,000
Mission The mission of the Science and Technology
Directorate (S&T) is to conduct and support research,
development, developmental and operational testing and
evaluation, and the timely transition of homeland security
capabilities to operational end users at the federal, state,
and local levels.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020....................... $314,864,000
Budget request, fiscal year 2021...................... 284,789,000
Recommended in the bill............................... 303,162,000
Bill compared with:
Appropriation, fiscal year 2020................... -11,702,000
Budget request, fiscal year 2021.................. +18,373,000
The recommendation rejects the proposed decreases to the
Operations and Support account of $3,824,000 for Test and
Evaluation, $6,276,000 for Administration Support Services and
$8,884,000 for Management Efficiencies and does not fund the
proposed increase for an increase to awards of $122,000.
Laboratory Facilities.--As the Department is called upon to
research threats such as COVID-19, it is imperative that our
nation's labs are equipped to respond in a timely and effective
manner. The Committee is aware of infrastructure requirements
for several S&T labs and directs S&T to complete an assessment
of unmet requirements to be submitted in conjunction with the
President's fiscal year 2022 budget request. This assessment
shall include a prioritized list of maintenance and repair
requirements; an inventory of equipment and systems that
require routine replacement or upgrades; an inventory and
assessment of facility capacity and additional space
requirements; and a prioritized schedule for the replacement of
and/or upgrades to equipment and systems.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020....................... - - -
Budget request, fiscal year 2021...................... $18,927,000
Recommended in the bill............................... 18,927,000
Bill compared with:
Appropriation, fiscal year 2020................... +18,927,000
Budget request, fiscal year 2021.................. - - -
The recommendation includes the requested amount to begin
activities to close the Plum Island Animal Disease Center.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2020....................... $422,411,000
Budget request, fiscal year 2021...................... 340,013,000
Recommended in the bill............................... 433,222,000
Bill compared with:
Appropriation, fiscal year 2020................... +10,811,000
Budget request, fiscal year 2021.................. +93,209,000
Research, Development, and Innovation
The recommendation includes $93,209,000 above the request
for Research, Development, and Innovation (RD&I), an increase
to fiscal year 2020 funding. S&T is directed to brief the
Committee not later than 30 days after the date of enactment of
this Act on the proposed allocation of RD&I funds by project
and to subsequently update the Committee on any changes from
the planned allocations. For research initiatives encouraged by
the Committee in this report but for which S&T does not
allocate funding, the agency shall provide an update within 90
days of the date of enactment of this Act on its assessment of
those initiatives and any future planned investments.
Active Neutron Interrogation for Cargo Screening.--The
Committee is aware of the Department's efforts to increase the
percentage of commercial cargo vehicles undergoing non-
intrusive inspection in primary or pre-primary lanes at POEs,
which will increase demand for alarm resolution through direct
inspection by CBP personnel at secondary screening zones. To
more effectively detect narcotics and hazardous materials in
cluttered cargo loads at POEs and improve the efficiency of
screening operations, the Committee encourages the Department
to continue work on the development of a multi-purpose, high
yield active neutron interrogation system that does not require
the use of radioactive material, including efforts to reduce
system size and improve operator safety.
Advanced Sensor Technology.--The Committee encourages S&T
to focus on critical research to develop and field next
generation first responder technologies that utilize advanced
sensors and imaging.
Aerially Distributed Communication Devices.--S&T is
encouraged to explore the feasibility of using air drop
communication technology for disseminating dynamic and real-
time information to disaster victims when power, cellular
towers and congestion render modern forms of communication
useless.
Bi-National Cooperation Pilot.--The Committee recommends
$2,000,000, as requested, for the Bi-National Cooperation
Pilot, which focuses on cooperative efforts related to border
security, maritime security, biometrics, cybersecurity, and
video analytics.
Biosurveillance Systems.--The Committee directs S&T and the
Countering Weapons of Mass Destruction Office (CWMD) to provide
a joint report to the Committee, within 60 days of the date of
enactment of this Act, on the status of developing and testing
a successor bio-threat detection system to Biowatch, along with
plans to complete development and field the new capability. The
report shall also describe planned changes to biodetection
operations to improve upon the legacy program and how CWMD and
S&T will coordinate their respective biodetection roles and
activities.
The report should include information on the progress of
the Homeland Security Advanced Research Projects Agency
Chemical and Biological Defense Division in developing novel
prototype sensors for real-time detection of aerosolized
biological threat agents, using newer technologies, such as
using matrix assisted laser desorption ionization-time of
flight mass spectrometry technology.
Biothreat Characterization.--The Biothreat Characterization
Program provides technical analyses of biological threats,
including their properties and hazards. The Committee
encourages S&T to fund this program at not less than the fiscal
year 2020 level.
Composite Shipping Containers.--The Committee is aware that
Presidential Determination No. 2017-09 identifies secure
composite chipping containers as a critical item shortfall in
industrial capacity and supports S&T efforts to develop
composite materials that reduce costs and improve intrusion
sensor integration.
Countering Unmanned Aerial Systems (c-UAS) at Airports.--
The Committee is concerned about the threat posed by UAS to air
travel in the United States and abroad, and notes that activity
at one of the nation's largest gateway airports was curtailed
in January 2019 because of illegal UAS use. The Committee
encourages S&T to continue and expand its efforts to test c-UAS
technologies at airports.
Cyber-Related Project Transitions.--The Committee is
concerned that past funding provided to S&T for cyber-related
research and development projects and activities has not
resulted in timely transition to intended stakeholders. Not
later than 90 days after the date of enactment of this Act, S&T
and CISA are directed to brief the Committee on the status of
each cyber-related R&D project and activity that received
funding in fiscal years 2018 through 2020; the status of a
transition to practice plan for each; and details regarding any
completed projects or activities that were not considered
viable for practice. Such briefing shall include the status of
software assurance projects, such as the Software Assurance
Marketplace.
Datacasting Technology.--The Committee encourages S&T, in
consultation with the National Institute for Standards and
Technology, the Corporation for Public Broadcasting, and the
First Responder Network Authority, to provide pilot funding to
local public broadcasters to further demonstrate and evaluate
the benefits of datacasting technology to public safety
agencies.
Enabling UAS.--The Department's designated test site is
providing critical testing and technology evaluations across
multiple DHS operational entities. The Committee urges the
Department to fund this program at not less than the fiscal
year 2020 level.
First Responder Interagency Working Groups.--The Committee
recognizes the effectiveness of interagency working groups,
composed of first responders from local, state, and federal
agencies, to meet the ever-changing needs of the nation's
emergency preparedness and response plans. The Committee
encourages S&T to continue and, if appropriate expand, its
partnerships in this area, including with nonprofits with a
history of collaboration with interagency working groups.
Gunshot Detection Technology.--The Committee urges S&T to
evaluate existing gunshot detection systems to determine their
technological capabilities and ability to rapidly locate the
source of shots fired during an incident.
Intelligent Memory Fabric.--The Committee continues to
recognize the need for testing and evaluation of next
generation information technology platforms and urges S&T to
explore Intelligent Memory Fabric as a modular, scalable and
distributed technology that could maintain and support agency
resources from data centers to field levels in all operational
environments.
Maritime and Coastal Surveillance.--The Committee
encourages S&T to conduct maritime system and sensor studies
for the research, development, testing, and evaluation of wind
and solar powered unmanned maritime vessels with surface and
subsurface capabilities. Such technologies could significantly
contribute to DHS component missions such as counter narcotics;
search and rescue; aids to navigation; marine safety; marine
environmental protection; illegal, unregulated and unreported
fishing; enforcement of laws and treaties; oceanographic
research; and defense readiness.
Maritime and Port Resiliency and Security.--The Committee
recognizes the vast data threat facing the U.S. Maritime/Port
sector and the potential consequences for mission critical
infrastructure and operations. The Committee urges S&T to
establish a Maritime/Port Resiliency & Security research
program to support the design and development of tactics,
techniques, and procedures for effectively responding to
critical maritime infrastructure threats.
Research and Prototyping for IED Defeat Program (RAPID).--
The Committee encourages S&T to enhance support for the RAPID
program, which is used to train bomb squads and technicians on
critical render safe technologies.
Stand-alone Power Generation Solutions.--The Committee
urges S&T to collaborate with other federal laboratories on
research and development efforts to develop innovative, stand-
alone alternative power generation solutions for CBP Forward
Operating Bases and to consider a demonstration of on-site
sustainable energy technologies that improve energy resilience
and security while eliminating fuel supply-chain costs and
environmental impacts.
Wildfire Management.--The Committee encourages S&T to apply
predictive analytics to study wildfire ignition, including the
application of advanced artificial intelligence and machine
learning, and to develop new data collection methodologies,
such as crowd sourcing, as indicators for pinpointing high-risk
ignition locations in the wildland urban interface.
University Programs
The recommendation includes $46,761,000 for University
Programs, $25,015,000 above the requested level. S&T shall
notify the Committee of any plan or proposal to reduce funding
for, diminish the role of,or eliminate Centers of Excellence
(COEs) prior to taking any action to do so. S&T is encouraged
to prioritize collaborations with qualified research
universities to support critical research topics in priority
areas, including maritime security, cross-border threat
screening, unmanned systems, counterterrorism, emerging
analytics, cybersecurity, first responder safety, disaster-
driven displacement, and critical infrastructure.
Minority Serving Institutions Program (MSIP).--The
Committee underscores the importance of minority serving
institutions in supporting homeland security related science,
technology, engineering and mathematics, and includes
$5,187,000 for MSIP, $1,761,000 above the requested level.
Voting Technology and Election Procedures.--S&T is
encouraged to explore options for a competitively selected new
COE focused on election system security focused on quality
assurance and continuous evaluation of voting technologies and
election procedures. This should include the development of new
tools and training modules to enable states and localities to
ensure that their election systems are secure. The work should
be coordinated with the Elections Assistance Commission and
CISA, as well as relevant operational election security
information sharing and analysis organizations, to ensure its
recommendations are both practical and fully implemented.
Countering Weapons of Mass Destruction Office
Appropriation, fiscal year 2020....................... $432,299,000
Budget request, fiscal year 2021...................... 377,160,000
Recommended in the bill............................... 395,262,000
Bill compared with:
Appropriation, fiscal year 2020................... -37,037,000
Budget request, fiscal year 2021.................. +18,102,000
Mission
The Countering Weapons of Mass Destruction Office (CWMD)
leads DHS efforts to develop and enhance programs and
capabilities that defend against WMD and combat bio-threats and
pandemics.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020....................... $179,467,000
Budget request, fiscal year 2021...................... $172,875,000
Recommended in the bill............................... 179,977,000
Bill compared with:
Appropriation, fiscal year 2020................... +510,000
Budget request, fiscal year 2021.................. +7,102,000
The recommendation includes increases above the request of
$5,000,000 for the National Biosurveillance Integration Center
and $2,600,000 for Technical Forensics. The recommendation does
not include the requested $498,000 for an increase to awards
spending.
Chief Medical Officer (CMO).--DHS is directed to comply
with the direction in the Explanatory Statement accompanying
Public Law 116-93 addressing the review of all medical
contracts and development of requirements for medical services.
It is the expectation of the Committee that the Chief Medical
Officer will have a lead role in the development of any related
contract requirements, requests for information and proposals,
and reviews of bids and offers for any DHS component to ensure
they include the appropriate requirements for medical services,
including but not limited to professional healthcare system
administration; disease surveillance, reporting, and outbreak
response; and measurable performance standards for current and
future healthcare record systems. Additionally, DHS is reminded
of the requirement in the Explanatory Statement accompanying
Public Law 116-93 concerning a medical strategy. The Committee
encourages the Secretary to delegate this effort to the
Department's Chief Medical Officer.
Electronic Health Records.--Public Law 116-93 provided
$30,000,000 for electronic health records within CBP's
Procurement, Construction, and Improvements account to enable
the DHS Chief Medical Officer (CMO), in conjunction with CBP,
ICE, and other operational components, to develop and establish
interim and long-term electronic systems for recording and
maintaining information related to the health of individuals in
the Department's custody that would be adaptable to component
operational environments and be interoperable with other
departmental systems, as appropriate, and with the National
Emergency Medical Services Information System. Additionally,
the explanatory statement included the requirement for a plan
for the design and development of such systems to be provided
to the Appropriations Committees within 90 days of the date of
enactment of the Act. After a significant delay, the Committees
finally received a plan on July 9, 2020. After reviewing the
plan, it is evident that funds should be held with the CMO in
order to create the electronic health record system that would
best serve the longer-term requirements and needs across the
whole Department, not just one component. To ensure a
successful investment of appropriated dollars and direction in
Public Law 116-93, the Committee includes language directing
the transfer of $20,000,000 from CBP to the Countering Weapons
of Mass Destruction Office for execution. The CMO is encouraged
to leverage contract staffing across multiple components to
avoid duplication of efforts and funding. Additionally, the CMO
in conjunction with impacted components shall brief the
Committee on the efforts across the Department to include the
execution of funds on a quarterly basis.
National Technical Nuclear Forensics.--The Committee is
interested in the proposal to consolidate this capability at
the National Nuclear Security Administration, but some doubts
remain regarding the transfer of these activities. The
Department is directed to brief the Committee on this proposal
before the end of fiscal year 2020.
Visualization Tool.--The Committee encourages CWMD to
continue its engagement in support of a visualization tool that
incorporates data from state and local entities and can serve
as a bio-preparedness tool for emergency response, emergency
management, and law enforcement at all levels of government.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020....................... $118,988,000
Budget request, fiscal year 2021...................... 87,413,000
Recommended in the bill............................... 87,413,000
Bill compared with:
Appropriation, fiscal year 2020................... -31,575,000
Budget request, fiscal year 2021.................. - - -
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2020....................... $69,181,000
Budget request, fiscal year 2019...................... 58,209,000
Recommended in the bill............................... 58,209,000
Bill compared with:
Appropriation, fiscal year 2020................... -10,972,000
Budget request, fiscal year 2021.................. - - -
FEDERAL ASSISTANCE
Appropriation, fiscal year 2020....................... $64,663,000
Budget request, fiscal year 2021...................... 58,663,000
Recommended in the bill............................... 69,663,000
Bill compared with:
Appropriation, fiscal year 2020................... +5,000,000
Budget request, fiscal year 2021.................. +11,000,000
The recommendation rejects the proposed decrease of
$11,000,000 to the Securing the Cities program.
Title IV--Administrative Provisions--This Act
Section 401. The Committee continues a provision allowing
USCIS to acquire, operate, equip, and dispose of up to five
vehicles under certain scenarios.
Section 402. The Committee continues a provision limiting
the use of A-76 competitions by USCIS.
Section 403. The Committee includes a provision withholding
a set amount of funds from the USCIS Office of the Director
until the specified reports and briefings have been provided.
Section 404. The Committee continues a provision requiring
USCIS to provide data about its credible and reasonable fear
processes.
Section 405. The Committee includes a provision prohibiting
the use of Immigration Examination Fee Account revenue to
reimburse activities in appropriations that did not receive
such reimbursements in fiscal year 2020.
Section 406. The Committee continues a provision
authorizing FLETC to distribute funds for incurred training
expenses.
Section 407. The Committee continues a provision directing
the FLETC Accreditation Board to lead the federal law
enforcement training accreditation process to measure and
assess federal law enforcement training programs, facilities,
and instructors.
Section 408. The Committee continues a provision allowing
for the acceptance of funding transfers from other government
agencies for construction of special use facilities.
Section 409. The Committee continues a provision
classifying FLETC instructor staff as inherently governmental
for certain purposes.
Section 410. The Committee includes a provision repealing
requirements pertaining to the liquidation of assets at Plum
Island, New York, if the Secretary decides to locate the
National Bio and Agro-defense Facility at a different location.
Section 411. The Committee includes a provision to prohibit
the use of funds for certain immigration enforcement activities
related to the Deferred Action for Childhood Arrivals program
and Temporary Protected Status.
Section 412. The Committee includes a provision authorizing
the use of the H-2A program for agricultural jobs that are not
temporary or seasonal in nature.
Section 413. The Committee includes a provision allowing
certain unused immigration visas to remain available.
Section 414. The Committee includes a provision increasing
the annual cap on H-2B visas.
TITLE V--GENERAL PROVISIONS
(INCLUDING RECISSION OF FUNDS)
Section 501. The Committee continues a provision limiting
the availability of appropriations to one year unless otherwise
expressly provided.
Section 502. The Committee continues and modifies a
provision providing that unexpended balances of prior year
appropriations may be merged with new appropriation accounts
and used for the same purpose.
Section 503. The Committee continues and modifies a
provision limiting authority to reprogram funds within an
appropriation or fee account above a specified threshold.
Section 504. The Committee continues by reference a
provision prohibiting funds appropriated or otherwise made
available to the Department to make payment to the Working
Capital Fund (WCF), except for activities and amounts proposed
in the President's fiscal year 2021 budget request. Funds
provided to the WCF are available until expended. The
Department may only charge components for services directly
provided through the WCF and may only use such funds for
purposes intended by the contributing component. Any funds paid
in advance or for reimbursement must reflect the full cost of
each service. The Department shall submit a notification to the
Committees prior to adding a new activity to the fund or
eliminating an existing activity from the fund. For activities
added to the fund, such notifications shall detail the source
of funds by account, program, project, and activity level. In
addition, the Department shall submit quarterly WCF execution
reports to the Committees that include activity-level detail.
Section 505. The Committee continues a provision that deems
intelligence activities to be specifically authorized during
fiscal year 2021 until the enactment of an Act authorizing
intelligence activities for fiscal year 2021.
Section 506. The Committee continues a provision requiring
notification to the Committees at least three days before DHS
executes or announces grant allocations, grant awards, contract
awards (including contracts covered by the Federal Acquisition
Regulation), other transaction agreements, letters of intent,
or a task or delivery order on multiple award contracts
totaling more than $1,000,000; a task or delivery order greater
than $10,000,000 from multi-year funds; or sole-source grant
awards. Notifications shall include a description of projects
or activities to be funded and their location, including city,
county, and state.
Section 507. The Committee continues a provision
prohibiting all agencies from purchasing, constructing, or
leasing additional facilities for federal law enforcement
training without advance notification to the Committees.
Section 508. The Committee continues a provision
prohibiting the use of funds for any construction, repair,
alteration, or acquisition project for which a prospectus, if
required under chapter 33 of title 40, United States Code, has
not been approved.
Section 509. The Committee continues a provision that
consolidates by reference prior-year statutory provisions
related to a contracting officer's technical representative
training and the use of funds in conformance with section 303
of the Energy Policy Act of 1992.
Section 510. The Committee continues a provision
prohibiting the use of funds in contravention of the Buy
American Act.
Section 511. The Committee continues a provision regarding
the oath of allegiance required by section 337 of the
Immigration and Nationality Act.
Section 512. The Committee continues a provision
prohibiting DHS from using funds in this Act to use
reorganization authority.
Section 513. The Committee continues a provision
prohibiting funds for planning, testing, piloting, or
developing a national identification card.
Section 514. The Committee continues a provision directing
that any official required by this Act to report or certify to
the Committees on Appropriations may not delegate such
authority unless expressly authorized to do so in this Act.
Section 515. The Committee continues a provision
prohibiting funds in this Act to be used for first-class
travel.
Section 516. The Committee continues a provision
prohibiting funds appropriated or otherwise made available by
this Act to pay for award or incentive fees for contractors
with below satisfactory performance or performance that fails
to meet the basic requirements of the contract.
Section 517. The Committee continues a provision
prohibiting the use of funds to enter into a federal contract
that does not meet the requirements of the Federal Property and
Administrative Services Act of 1949 or chapter 137 of title 10
U.S.C.; and the Federal Acquisition Regulation, unless the
contract is otherwise authorized by statute without regard to
this section.
Section 518. The Committee continues a provision requiring
DHS computer systems to block electronic access to pornography,
except for law enforcement purposes.
Section 519. The Committee continues a provision regarding
the transfer of firearms by federal law enforcement personnel.
Section 520. The Committee continues a provision regarding
funding restrictions and reporting requirements related to
conferences occurring outside of the United States.
Section 521. The Committee continues a provision
prohibiting funds to reimburse any federal department or agency
for its participation in a National Special Security Event.
Section 522. The Committee continues a provision requiring
a notification, including justification materials, prior to
implementing any structural pay reform that affects more than
100 full-time positions or costs more than $5,000,000.
Section 523. The Committee continues a provision directing
the Department to post on a public website reports required by
the Committees on Appropriations unless public posting
compromises homeland or national security or contains
proprietary information.
Section 524. The Committee continues a provision
authorizing minor procurement, construction, and improvements
under Operations and Support appropriations, as specified.
Section 525. The Committee continues by reference a
provision to authorize DHS to fund out of existing
discretionary appropriations the expenses of primary and
secondary schooling of eligible dependents in areas of U.S.
territories that meet certain criteria.
Section 526. The Committee continues by reference and
modifies a provision providing $41,000,000 for ``Federal
Emergency Management Agency--Federal Assistance'' to reimburse
extraordinary law enforcement and emergency personnel overtime
costs for protection activities directly and demonstrably
associated with a residence of the President that is designated
for protection.
Section 527. The Committee continues and modifies a
provision extending other transaction authority for the
Department through fiscal year 2021.
Section 528. The Committee continues a provision regarding
access to detention facilities by members of Congress or their
designated staff.
Section 529. The Committee continues a provision
prohibiting the use of funds to use restraints on pregnant
detainees in DHS custody except in certain circumstances.
Section 530. The Committee continues and modifies a
provision prohibiting the use of funds for the destruction of
records related to detainees in custody and requires that such
records be provided to detainees, as specified.
Section 531. The Committee continues and modifies a
provision prohibiting funds for a Principal Federal Official
during a declared disaster or emergency under the Stafford Act,
with certain exceptions.
Section 532. The Committee includes a provision requiring
the submission of an unfunded priorities report not later than
10 days after the submission of the fiscal year 2022 budget
request.
Section 533. The Committee includes a provision prohibiting
the use of funds to implement various immigration-related
policies and activities.
Section 534. The Committee includes a provision directing
the transfer of funds for electronic health records.
Section 535. The Committee includes a provision rescinding
unobligated balances from Public Law 116-93 appropriated under
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements''.
Section 536. The Committee includes a provision rescinding
unobligated balances from ``U.S. Customs and Border
Protection--Border Security, Fencing, Infrastructure, and
Technology''.
Section 537. The Committee includes a provision rescinding
unobligated balances from ``U.S. Customs and Border
Protection--Procurement, Construction, and Improvements''.
APPROPRIATIONS CAN BE USED ONLY FOR THE PURPOSES FOR WHICH MADE
Title 31 of the United States Code makes clear that
appropriations can be used only for the purposes for which they
were appropriated as follows:
Section 1301. Application.
(a) Appropriations shall be applied only to the objects for
which the appropriations were made except as otherwise provided
by law.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
The following items are included in accordance with various
requirements of the Rules of the House of Representatives.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
RESCISSION OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
------------------------------------------------------------------------
Account/Activity Rescissions
------------------------------------------------------------------------
Customs and Border Protection--Procurement, 1,375,000,000
Construction, and Improvement (PC&I)...................
Customs and Border Protection--PC&I..................... 50,000,000
Customs and Border Protection--Border Security, Fencing, 5,000,000
Infrastructure and Technology..........................
------------------------------------------------------------------------
TRANSFER OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following is submitted describing
the transfer of funds recommended in the accompanying bill:
In title II, under ``Customs and Border Protection--
Operations and Support'', language is included allowing for the
transfer of not to exceed $75,000,000 to the United States Fish
and Wildlife Service.
In title II, under ``Immigration and Customs Enforcement--
Operations and Support'', language is included allowing for the
transfer of unobligated funds to ``Coast Guard--Procurement,
Construction, and Improvements''.
In title V, under Section 534, language is included
providing for the transfer of $20,000,000 from ``Custom and
Border Protection--Procurement, Construction, and
Improvements'' to ``Countering Weapons of Mass Destruction
Office--Procurement, Construction, and Improvements''.
DISCLOSURE OF EARMARKS AND CONGRESSIONAL DIRECTED
SPENDING ITEMS
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
CONSOLIDATED APPROPRIATIONS ACT, 2019
(Public Law 116-6)
* * * * * * *
DIVISION A--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2019
* * * * * * *
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
* * * * * * *
* * * * * * *
Sec. 225. (a) Subject to the provisions of this section, the
Administrator of the Transportation Security Administration
(hereafter in this section referred to as ``the
Administrator'') may conduct a pilot program to provide
screening services outside of an existing primary passenger
terminal screening area where screening services are currently
provided or would be eligible to be provided under the
Transportation Security Administration's annually appropriated
passenger screening program as a primary passenger terminal
screening area.
(b) Any request for screening services under subsection (a)
shall be initiated only at the request of a public or private
entity regulated by the Transportation Security Administration;
shall be made in writing to the Administrator; and may only be
submitted to the Transportation Security Administration after
consultation with the relevant local airport authority.
(c) The Administrator may provide the requested screening
services under subsection (a) if the Administrator provides a
certification to the Committee on Homeland Security and the
Committee on Appropriations of the House of Representatives,
and the Committee on Commerce, Science, and Transportation and
the Committee on Appropriations of the Senate that
implementation of subsection (a) does not reduce the security
or efficiency of screening services already provided in primary
passenger terminals at any impacted airports.
(d) No screening services may be provided under subsection
(a) unless the requesting entity agrees in writing to the scope
of the screening services to be provided, and agrees to
compensate the Transportation Security Administration for all
reasonable personnel and non-personnel costs, including
overtime, of providing the screening services.
(e) The authority available under this section is effective
for fiscal years 2019 through [2021] 2023 and may be utilized
at not more than eight locations for transportation security
purposes.
(f) Notwithstanding any other provision of law, an airport
authority, air carrier, or other requesting entity shall not be
liable for any claims for damages filed in State or Federal
court (including a claim for compensatory, punitive,
contributory, or indemnity damages) relating to--
(1) an airport authority's or other entity's decision
to request that the Transportation Security
Administration provide passenger screening services
outside of a primary passenger terminal screening area;
or
(2) any act of negligence, gross negligence, or
intentional wrongdoing by employees of the
Transportation Security Administration providing
passenger and property security screening services at a
pilot program screening location.
(g) Notwithstanding any other provision of law, any
compensation received by the Transportation Security
Administration under subsection (d) shall be credited to the
account used to finance the provision of reimbursable security
screening services under subsection (a).
(h) The Administrator shall submit to the Committee on
Homeland Security and the Committee on Appropriations of the
House of Representatives, and the Committee on Commerce,
Science, and Transportation and the Committee on Appropriations
of the Senate--
(1) an implementation plan for the pilot programs
under subsection (a), including the application
process, that is due by 90 days after the date of
enactment of this Act;
(2) an evaluation plan for the pilot programs; and
(3) annual performance reports, by not later than 60
days after the end of each fiscal year in which the
pilot programs are in operation, including--
(A) the amount of reimbursement received by
the Transportation Security Administration from
each entity in the pilot program for the
preceding fiscal year, delineated by personnel
and non-personnel costs;
(B) an analysis of the results of the pilot
programs corresponding to the evaluation plan
required under paragraph (2);
(C) any Transportation Security
Administration staffing changes created at the
primary passenger screening checkpoints and
baggage screening as a result of the pilot
program; and
(D) any other unintended consequences created
by the pilot program.
(i) Except as otherwise provided in this section, nothing in
this section may be construed as affecting in any manner the
responsibilities, duties, or authorities of the Transportation
Security Administration.
(j) For the purposes of this section, the term ``airport''
means a commercial service airport as defined by section
47107(7) of title 49 United States Code.
(k) For the purposes of this section, the term ``screening
services'' means the screening of passengers, flight crews, and
their carry-on baggage and personal articles, and may include
checked baggage screening if that type of screening is
performed at an offsite location that is not part of a
passenger terminal of a commercial airport.
(l) For the purpose of this section, the term ``primary
passenger terminal screening area'' means the security
checkpoints relied upon by airports as the principal points of
entry to a sterile area of an airport.
* * * * * * *
----------
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
Subtitle A--Cybersecurity and Infrastructure Security
* * * * * * *
2215. Cybersecurity Advisory Committee.
* * * * * * *
TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
Subtitle A--Cybersecurity and Infrastructure Security
* * * * * * *
SEC. 2215. CYBERSECURITY ADVISORY COMMITTEE.
(a) Establishment.--The Secretary shall establish within the
Agency a Cybersecurity Advisory Committee (referred to in this
section as the ``Advisory Committee'').
(b) Duties.--
(1) In general.--The Advisory Committee may advise,
consult with, report to, and make recommendations to
the Director, as appropriate, on the development,
refinement, and implementation of policies, programs,
planning, and training pertaining to the cybersecurity
mission of the Agency.
(2) Recommendations.--
(A) In general.--The Advisory Committee shall
develop, at the request of the Director,
recommendations for improvements to advance the
cybersecurity mission of the Agency and
strengthen the cybersecurity of the United
States.
(B) Recommendations of subcommittees.--
Recommendations agreed upon by subcommittees
established under subsection (d) for any year
shall be approved by the Advisory Committee
before the Advisory Committee submits to the
Director the annual report under paragraph (4)
for that year.
(3) Periodic reports.--The Advisory Committee shall
periodically submit to the Director--
(A) reports on matters identified by the
Director; and
(B) reports on other matters identified by a
majority of the members of the Advisory
Committee.
(4) Annual report.--
(A) In general.--The Advisory Committee shall
submit to the Director an annual report
providing information on the activities,
findings, and recommendations of the Advisory
Committee, including its subcommittees, for the
preceding year.
(B) Publication.--Not later than 180 days
after the date on which the Director receives
an annual report for a year under subparagraph
(A), the Director shall publish a public
version of the report describing the activities
of the Advisory Committee and such related
matters as would be informative to the public
during that year, consistent with section
552(b) of title 5, United States Code.
(5) Feedback.--Not later than 90 days after receiving
any recommendation submitted by the Advisory Committee
under paragraph (2), (3), or (4), the Director shall
respond in writing to the Advisory Committee with
feedback on the recommendation. Such a response shall
include--
(A) with respect to any recommendation with
which the Director concurs, an action plan to
implement the recommendation; and
(B) with respect to any recommendation with
which the Director does not concur, a
justification for why the Director does not
plan to implement the recommendation.
(6) Congressional notification.--Not later than 45
days after the date of the President's budget
submission to Congress, the Director shall provide to
the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the
Senate and the Committee on Homeland Security and the
Committee on Appropriations of the House of
Representatives a briefing on feedback from the
Advisory Committee.
(c) Membership.--
(1) Appointment.--
(A) In general.--Not later than 180 days
after the date of the enactment of this
section, the Director shall appoint the members
of the Advisory Committee.
(B) Composition.--The membership of the
Advisory Committee shall consist of not more
than 35 individuals.
(C) Representation.--
(i) In general.--The membership of
the Advisory Committee shall be
geographically balanced and shall
include representatives of State and
local governments and of a broad range
of industries, which may include the
following:
(I) Defense.
(II) Education.
(III) Financial services and
insurance.
(IV) Healthcare.
(V) Manufacturing.
(VI) Media and entertainment.
(VII) Chemicals.
(VIII) Retail.
(IX) Transportation.
(X) Energy.
(XI) Information Technology.
(XII) Communications.
(XIII) Public works.
(XIV) Cybersecurity research
community.
(XV) Privacy policy
organizations.
(XVI) Other relevant fields
identified by the Director.
(ii) Prohibition--Not more than three
members may represent any one category
under clause (i).
(2) Term of office.--
(A) Terms.--The term of each member of the
Advisory Committee shall be two years, except
that a member may continue to serve until a
successor is appointed.
(B) Removal.--The Director may review the
participation of a member of the Advisory
Committee and remove such member any time at
the discretion of the Director.
(C) Reappointment.--A member of the Advisory
Committee may be reappointed for an unlimited
number of terms.
(3) Prohibition on compensation.--The members of the
Advisory Committee may not receive pay or benefits from
the United States Government by reason of their service
on the Advisory Committee.
(4) Meetings.--
(A) In general.--The Director shall require
the Advisory Committee to meet not less
frequently than semiannually, and may convene
additional meetings as necessary.
(B) Public meetings.--At least one of the
meetings referred to in subparagraph (A) shall
be open to the public.
(C) Attendance.--The Advisory Committee shall
maintain a record of the persons present at
each meeting.
(5) Member access to classified and deliberative
budget information.--
(A) In general.--Not later than 60 days after
the date on which a member is first appointed
to the Advisory Committee and before the member
is granted access to any classified and
deliberative budget information, the Director
shall determine if the member should be
restricted from reviewing, discussing, or
possessing such information.
(B) Access.--Access to classified materials
shall be managed in accordance with Executive
Order No. 13526 of December 29,2009 (75 Fed.
Reg 707), or any subsequent corresponding
Executive Order.
(C) Protections.--A member of the Advisory
Committee shall protect all classified
information in accordance with the applicable
requirements for the particular level of
classification of such information.
(D) Budget information.--A member of the
Advisory Committee shall be permitted access,
as appropriate, to five-year deliberative
budget data, analysis, and any other underlying
materials information that is considered during
the annual budget development process and shall
protect such information in the same manner and
with the same regard as agency personnel.
(6) Chairperson.--The Advisory Committee shall
select, from among the members of the Advisory
Committee--
(A) a member to serve as chairperson of the
Advisory Committee; and
(B) a member to serve as chairperson of each
subcommittee of the Advisory Committee
established under subsection (d).
(d) Subcommittees.--
(1) In general.--The Director shall establish
subcommittees within the Advisory Committee to address
cybersecurity issues, which may include the following:
(A) Information exchange.
(B) Critical infrastructure.
(C) Risk management.
(D) Public and private partnerships.
(E) State, local, tribal, and territorial
governments.
(F) Citizen engagement.
(2) Meetings and reporting.--Each subcommittee shall
meet not less frequently than semiannually, and submit
to the Advisory Committee for inclusion in the annual
report required under subsection (b)(4) information,
including activities, findings, and recommendations,
regarding subject matter considered by the
subcommittee.
(3) Subject matter experts.--The chair of the
Advisory Committee shall appoint members to
subcommittees and shall ensure that each member
appointed to a subcommittee has subject matter
expertise relevant to the subject matter of the
subcommittee.
(e) Nonapplicability of FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Advisory Committee
and its subcommittees.
* * * * * * *
----------
CONSOLIDATED SECURITY, DISASTER ASSISTANCE, AND CONTINUING
APPROPRIATIONS ACT, 2009
* * * * * * *
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2009
* * * * * * *
TITLE V
GENERAL PROVISIONS
* * * * * * *
[Sec. 540. Notwithstanding any other provision of law, should
the Secretary of Homeland Security determine that the National
Bio and Agro-defense Facility be located at a site other than
Plum Island, New York, the Secretary shall liquidate the Plum
Island asset by directing the Administrator of General Services
to sell through public sale all real and related personal
property and transportation assets which support Plum Island
operations, subject to such terms and conditions as necessary
to protect government interests and meet program requirements:
Provided, That the gross proceeds of such sale shall be
deposited as offsetting collections into the Department of
Homeland Security Science and Technology ``Research,
Development, Acquisition, and Operations'' account and, subject
to appropriation, shall be available until expended, for site
acquisition, construction, and costs related to the
construction of the National Bio and Agro-defense Facility,
including the costs associated with the sale, including due
diligence requirements, necessary environmental remediation at
Plum Island, and reimbursement of expenses incurred by the
General Services Administration which shall not exceed 1
percent of the sale price: Provided further, That after the
completion of construction and environmental remediation, the
unexpended balances of funds appropriated for costs in the
preceding proviso shall be available for transfer to the
appropriate account for design and construction of a
consolidated Department of Homeland Security Headquarters
project, excluding daily operations and maintenance costs,
notwithstanding section 503 of this Act, and the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified 15 days prior to such transfer.]
* * * * * * *
----------
CONSOLIDATED APPROPRIATIONS ACT, 2012
* * * * * * *
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2012
* * * * * * *
TITLE V
GENERAL PROVISIONS
* * * * * * *
[Sec. 538. (a) Notwithstanding any other provision of law
during fiscal year 2012 or any subsequent fiscal year, if the
Secretary of Homeland Security determines that the National
Bio- and Agro-defense Facility should be located at a site
other than Plum Island, New York, the Secretary shall ensure
that the Administrator of General Services sells through public
sale all real and related personal property and transportation
assets which support Plum Island operations, subject to such
terms and conditions as may be necessary to protect Government
interests and meet program requirements.
[(b) The proceeds of such sale described in subsection (a)
shall be deposited as offsetting collections into the
Department of Homeland Security Science and Technology
``Research, Development, Acquisition, and Operations'' account
and, subject to appropriation, shall be available until
expended, for site acquisition, construction, and costs related
to the construction of the National Bio- and Agro-defense
Facility, including the costs associated with the sale,
including due diligence requirements, necessary environmental
remediation at Plum Island, and reimbursement of expenses
incurred by the General Services Administration.]
* * * * * * *
Compliance With Rule XIII, Clause 3(f)(1) (Changes in the Application
of Existing Law)
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the Committee has inserted at the
appropriate place in the report a description of the effects of
provisions proposed in the accompanying bill which may be
considered, under certain circumstances, to change the
application of existing law, either directly or indirectly.
The bill provides, in some instances, funding of agencies
and activities where legislation has not yet been finalized. In
addition, the bill carries language, in some instances,
permitting activities not authorized by law. Additionally, the
Committee includes a number of general provisions.
TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND
OVERSIGHT
Office of the Secretary and Executive Management
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the
operations and support of the Office of the Secretary and for
the executive management offices, including funds for an
Ombudsman for Immigration Detention and for official reception
and representation expenses. The Committee withholds funds
until data is provided and provides two-year availability of
funding for certain activities.
Management Directorate
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including funds for official reception
and representation expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds, with
availability for three or five years, for procurement,
construction, and improvements.
FEDERAL PROTECTIVE SERVICE
The Committee includes language making funds available
until expended for the operations of the Federal Protective
Service.
Intelligence, Analysis, and Operations Coordination
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the
Office of Intelligence and Analysis and the Office of
Operations Coordination, including funding for official
reception and representation expenses, as well as funds for
facility needs associated with secure space at fusion centers.
The Committee provides two-year availability of funds for
certain activities.
Office of Inspector General
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the
Office of Inspector General, including certain confidential
operational expenses such as the payment of informants.
Administrative Provisions
Language requiring a report on grants or contracts awarded
by means other than full and open competition and requiring the
Inspector General to review such grants or contracts and report
the results to the Committees.
Language requiring the Chief Financial Officer to submit
monthly budget and staffing reports.
Language requiring the Secretary to link all contracts that
provide award fees to successful acquisition outcomes.
Language requiring the Secretary to notify the Committees
of any proposed transfers from the Department of Treasury
Forfeiture Fund to any agency at DHS and prohibiting the use of
such funds for border security infrastructure.
Language related to official costs of the Secretary and
Deputy Secretary for official travel.
Language requiring the Secretary to establish metrics and
collect data related to certain removal programs.
Language requiring the Secretary to conduct a study on
human trafficking and report on the results to Congress.
Language requiring the implementation of pilot programs
related to the travel in certain states of Mexican nationals
who are non-immigrant visitors.
Language requiring the Secretary to provide quarterly
reports on the travel of the Secretary and Deputy Secretary.
Language prohibiting the use of funds to implement certain
pilot programs unless the Secretary fulfills certain
requirements and reports to the Committee on the results of
such pilots upon their conclusions.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
OPERATIONS AND SUPPORT
(INCLUDING TRANSFER OF FUNDS)
The Committee includes language making funds available for
operations and support, including funds for the transportation
of unaccompanied minor aliens; air and marine assistance to
other law enforcement agencies and humanitarian efforts;
purchase or lease of vehicles; maintenance, and procurement of
marine vessels, aircraft, and unmanned aircraft systems;
contracting with individuals for personal services abroad;
Harbor Maintenance Fee collections; customs officers; official
reception and representation expenses; Customs User Fee
collections; payment of rental space in connection with
preclearance operations; and compensation of informants.
Provides the authority to transfer funds to the Bureau of
Indian Affairs and the United States Fish and Wildlife Service
and withholds funds pending the submission of a report. The
Committee provides two-year availability of funds for certain
activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements, to include
procurements to buy, maintain, or operate aircraft and unmanned
aircraft systems. The Committee provides three-year and five-
year availability of funds for these activities.
U.S. Immigration and Customs Enforcement
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including funds for official reception
and representation expenses, overseas vetted units, and the
operation and maintenance necessary to sustain the daily
effectiveness of equipment and facilities. The Committee
includes language making funds available for special
operations; compensation to informants; the reimbursement of
other federal agencies for certain costs; the purchase or lease
of vehicles; maintenance, minor construction, and minor
improvements of owned and leased facilities; the enforcement of
child labor laws; paid apprenticeships for the Human
Exploitation Rescue Operations Corps; and the investigation of
intellectual property rights violations. The Committee
specifies a funding level for the Office of Principal Legal
Advisor (OPLA) and for enforcement and removal operations
(ERO), including the transportation of unaccompanied minor
aliens. The Committee includes language withholding funds from
OPLA pending submission of certifications from the Secretary
and from ERO for the duration of a Public Health order. The
Committee also includes language to transfer any withheld ERO
funds as of the specified date to Coast Guard for shore
facilities and aids to navigation and such transferred funds
would change from 1-year to five-year availability. The
Committee provides no-year availability of funds for certain
activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, renovation, and improvements to
include funds for facilities repair and maintenance projects.
The Committee provides three-year and five-year availability of
funds for these activities.
Transportation Security Administration
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including funds for official reception
and representation expenses, and establishes conditions under
which security fees are collected and credited. The Committee
provides two-year availability of funds for these activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three-year availability of funds for these activities.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides two-year
availability of funds for these activities.
Coast Guard
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the
operations and support of the Coast Guard, including funds for
official reception and representation expenses; passenger motor
vehicles; small boats; repairs and service life-replacements;
purchase, lease, or improvement of other equipment; special pay
allowances; recreation and welfare; environmental compliance
and restoration; and defense-related activities, including
funds for Overseas Contingency Operations/Global War on
Terrorism. The Committee includes language authorizing funds to
be derived from the Oil Spill Liability Trust Fund. The
Committee provides two-year, three-year, and five-year
availability of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for the
procurement, construction, and improvements, including of aids
to navigation, shore facilities, vessels, and aircraft. The
Committee includes language authorizing funds to be derived
from the Oil Spill Liability Trust Fund. The Committee provides
five-year availability of funds for these purposes.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development, and for maintenance, rehabilitation,
lease, and operation of related facilities and equipment. The
Committee includes language authorizing funds to be derived
from the Oil Spill Liability Trust Fund, and authorizing funds
received from state and local governments, other public
authorities, private sources, and foreign countries to be
credited to this account and used for certain purposes. The
Committee provides three-year availability of funds for these
purposes.
RETIRED PAY
The Committee includes language providing funds for retired
pay and medical care for the Coast Guard's retired personnel
and their dependents and makes these funds available until
expended.
United States Secret Service
OPERATIONS AND SUPPORT
The Committee includes language that provides funds for
operations and support, to include funds for the purchase and
replacement of vehicles; hire of passenger motor vehicles and
aircraft; purchase of motorcycles; rental of certain buildings;
improvements to buildings as may be necessary for protective
missions; firearms matches; presentation of awards; behavioral
research; advance payment for commercial accommodations; per
diem and subsistence allowances; official reception and
representation expenses; grant activities related to missing
and exploited children investigations; and technical assistance
and equipment provided to foreign law enforcement
organizations. The Committee provides for two-year availability
of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three-year availability of funds for these purposes.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides two-year
availability of funds for these purposes.
Administrative Provisions
Language regarding overtime compensation.
Language allowing CBP to sustain or increase operations in
Puerto Rico and the U.S. Virgin Island with appropriated funds.
Language regarding the availability of fee revenue
collected from certain arriving passengers.
Language allowing CBP access to certain reimbursements for
preclearance activities.
Language regarding the importation of prescription drugs by
an individual for personal use.
Language regarding waivers of the Jones Act.
Language prohibiting DHS from establishing a border
crossing fee.
Language prohibiting the obligation of funds prior to the
submission of an expenditure plan for funds made available for
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements''.
Language allocating funds within CBP's Procurement,
Construction, and Improvements account for specific purposes
and requiring an updated risk-based plan for improving security
along the borders of the United States.
Language prohibiting the construction of physical barriers
in certain areas.
Language prohibiting the construction of physical barriers
along the southern land border except by using amounts made
available for such purposes by prior appropriations Acts.
Language prohibiting the construction of physical barriers
within certain jurisdictions without consultations.
Language prohibiting the use of funds provided under the
heading ``U.S. Immigration and Customs Enforcement--Operations
and Support'' for the 287(g) program if the terms of the
agreement governing the delegation of authority have been
materially violated.
Language prohibiting the use of funds provided under the
heading ``U.S. Immigration and Customs Enforcement--Operations
and Support'' to contract for detention services if the
facility receives less than ``adequate'' ratings in two
consecutive performance evaluations.
Language related to information sharing between ICE and the
Office Refugee Resettlement (ORR) that prohibits ICE from using
information for removal purposes if it was provided by as part
of a process of sponsoring an unaccompanied alien child or
reuniting a child with a family member or if it is based on
information gathered in therapy sessions for child while in
ORR.
Language requiring ICE to provide information and
statistics about the 287(g) program.
Language requiring ICE to provide statistics about its
detention population.
Language ensuring aliens' access to legal counsel and know
your rights presentations for specified legal proceedings and
requiring the Secretary and the Director of the Office of Civil
Rights and Liberties to certify that such requirements have
been met.
Language prohibiting the detention of individuals for more
than the specified periods if they do not pose a threat to
public safety or a flight risk and ensures that transgender
detainees are detained in facilities that comply with ICE
standards for such individuals.
Language focusing Homeland Security Investigations
activities on functions that are not redundant to those of
Enforcement and Removal Operations.
Language that prohibits ICE from removing individuals with
a pending Violence Against Women Act (VAWA), U-visa, or T-visa
application or a pending appeal of a denial related to such
visas.
Language clarifying that certain elected and appointed
officials are not exempt from federal passenger and baggage
screening.
Language directing the deployment of explosives detection
systems based on risk and other factors.
Language authorizing TSA to use funds from the Aviation
Security Capital Fund for the procurement and installation of
explosives detection systems or for other purposes authorized
by law.
Language requiring a report from TSA on capital
investments, technology investment and integrated passenger
screening technology
Language extending a TSA pilot on screening outside a
primary passenger terminal until 2023.
Language prohibiting funds made available by this Act under
the heading ``Coast Guard--Operations and Support'' for
recreational vessel expenses, except to the extent fees are
collected from owners of yachts and credited to this
appropriation.
Language allowing up to $10,000,000 to be reprogrammed to
or from Military Pay and Allowances within ``Coast Guard--
Operations and Support''.
Language requiring submission a future-years capital
investment plan.
Language allowing for allocation of Overseas Contingency
Operations funds.
Language allowing for the use of the Coast Guard Housing
Fund.
Language allowing the Secret Service to obligate funds in
anticipation of reimbursement for personnel receiving training.
Language prohibiting funds made available to the Secret
Service for the protection of the head of a federal agency
other than the Secretary of Homeland Security, except when the
Director has entered into a reimbursable agreement for such
protection services.
Language regarding the reprogramming of funds within
``United States Secret Service--Operations and Support''.
Language allowing for funds made available for ``United
States Secret Service-- Operations and Support'' to be
available for travel of employees on protective missions
without regard to limitations on such expenditures in this or
any other Act after notification to the Committees on
Appropriations.
Language requiring semimonthly reporting on a public
website related to requests by law enforcement agencies for
support from DHS law enforcement personnel and requiring
notification to the Committee when DHS provides such support.
Language prohibiting the use of funds to modify or revoke
ICE guidance related to SEVP stakeholders.
Language prohibiting the use of funds by ICE to operate a
citizen academy program.
Language requiring the Secretary to temporarily stay the
removal of certain alien beneficiaries of private bills.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including funds for official reception
and representation expenses. The Committee provides for two-
year availability of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three-year availability of funds for these purposes.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides two-year
availability of funds for these purposes.
Federal Emergency Management Agency
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including funds for official reception
and representation expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three- and five-year availability of funds for these
purposes.
FEDERAL ASSISTANCE
The Committee includes language providing funds for grants,
contracts, cooperative agreements, and other activities,
including for terrorism prevention; public transportation and
railroad security; port security; firefighter assistance;
emergency management; flood hazard mapping and risk analysis;
emergency food and shelter; alternatives to detention case
management; education, training, exercises, and technical
assistance; and other programs. The Committee provides two-year
availability of funds for certain purposes.
DISASTER RELIEF FUND
The Committee includes language making funds available
until expended for the Disaster Relief Fund. The Committee
includes a provision transferring funds to the Disaster
Assistance Direct Loan Program account.
NATIONAL FLOOD INSURANCE FUND
The Committee includes language making funds available for
mission support associated with flood management and programs
and activities under the National Flood Insurance Fund,
including flood plain management and flood mapping. The
Committee includes provisions making funds available for
interest on Treasury borrowings and limiting amounts available
for operating expenses, commissions and taxes of agents, and
flood mitigation activities associated with the National Flood
Insurance Act of 1968. The Committee includes language
permitting additional fees collected to be credited as an
offsetting collection and available for floodplain management;
providing that not to exceed four percent of the total
appropriation is available for administrative cost; and making
funds available for the Flood Insurance Advocate.
Administrative Provisions
Language limiting expenses for the administration of
grants.
Language specifying timeframes for certain grant
applications and awards.
Language requiring a five-day advance notification for
certain grant awards under ``Federal Emergency Management
Agency--Federal Assistance''.
Language authorizing the use of certain grant funds for the
installation of communications towers.
Language requiring the submission of a monthly Disaster
Relief Fund report.
Language requiring Administrator, FEMA to grant waivers
from specified requirements of section 34 of the Federal Fire
Prevention and Control Act of 1974.
Language providing for the receipt and expenditure of fees
collected for the Radiological Emergency Preparedness Program,
as authorized by Public Law 105-276.
Language allowing for the transfer of funds from the
Predisaster Mitigation Fund to be transferred to the National
Public Infrastructure Predisaster Mitigation Assistance Account
and requiring a report prior to such transfer.
Language requiring the Administrator of FEMA to grant
waivers from specified requirements of section 33 of the
Federal Fire Prevention and Control Act of 1974.
Language making CISA Operations and Support funding
available for a cybersecurity competition established by
Executive Order No. 13870.
Language allowing for reconsideration of certain state
requests for Individual Assistance under the Stafford Act.
Language authorizing FEMA to provide Community Disaster
Loans to U.S. territories where major disasters were declared
in 2018 and permits FEMA to waive certain provisions of the
Community Disaster Loan program for such loans.
Language cancelling the remaining balances of certain loans
issued by FEMA.
Language establishing a Cybersecurity Advisory Committee
within CISA.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
OPERATIONS AND SUPPORT
The Committee includes language making funds available for
operations and support for the E-Verify program.
FEDERAL ASSISTANCE
The Committee includes language making funds available for
the Citizenship and Integration Grant Program.
Federal Law Enforcement Training Centers
OPERATIONS AND SUPPORT
The Committee includes language making funds available for
operations and support, including for official reception and
representation expenses and purchase of police-type vehicles.
The Committee provides two-year availability of funds for
certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements to include
acquisition of necessary additional real property and
facilities, construction and ongoing maintenance, facility
improvements and related expenses. The Committee provides five-
year availability of funds for these activities.
Science and Technology Directorate
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including the purchase or lease of
vehicles and official reception and representation expenses.
The Committee provides two-year availability of funds for
certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides five-year availability of funds for these activities.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides three-year
availability of funds for these activities.
Countering Weapons of Mass Destruction Office
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including official reception and
representation expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three-year availability of funds for these activities.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides three-year
availability of funds for these activities.
FEDERAL ASSISTANCE
The Committee includes language providing funds for federal
assistance through grants, contracts, cooperative agreements,
and other activities. The Committee provides three-year
availability of funds for these activities.
Administrative Provisions
Language allowing USCIS to acquire, operate, equip, and
dispose of up to five vehicles under certain scenarios.
Language limiting the use of A-76 competitions by USCIS.
Language withholding a set amount of funds from the USCIS
Office of the Director until the specified reports and
briefings have been provided.
Language requiring USCIS to provide data about its credible
and reasonable fear processes.
Language prohibiting the use of Immigration Examination Fee
Account revenue to reimburse activities in appropriations that
did not receive such reimbursements in fiscal year 2020.
Language authorizing FLETC to distribute funds to federal
law enforcement agencies for incurred training expenses.
Language directing the FLETC Accreditation Board to lead
the federal law enforcement training accreditation process for
measuring and assessing federal law enforcement training
programs, facilities, and instructors.
Language allowing for the acceptance of funding transfers
from other government agencies for the construction of special
use facilities.
Language classifying FLETC instructor staff as inherently
governmental for purposes of the Federal Activities Inventory
Reform Act of 1998.
Language repealing prior year provisions related to the
sale of the Plum Island Animal Disease Center.
Language prohibiting the use of funds for certain
immigration enforcement activities related to the Deferred
Action for Childhood Arrivals program and Temporary Protected
Status.
Language authorizing the use of the H-2A program for
agricultural jobs that are not temporary or seasonal in nature.
Language allowing certain unused immigration visas to
remain available in the following fiscal year.
Language increasing the annual cap on H-2B visas.
TITLE V--GENERAL PROVISIONS
Language limiting the availability of appropriations to one
year unless otherwise expressly provided.
Language providing authority to merge unexpended balances
of prior year appropriations with new appropriations accounts
for the same purpose.
Language limiting the authority to reprogram funds within
an appropriation above a specified threshold.
Language prohibiting funds appropriated or otherwise made
available to the Department to make payments to the Working
Capital Fund (WCF), except for activities and amounts allowed
in the President's budget request; making funds provided to the
WCF available until expended; restricting the Department from
charging components for services not directly provided through
the WCF, or for the purposes intended by the contributing
component; requiring funds paid by components in advance or for
reimbursement to reflect the full cost of each service;
requiring the submission of a notification prior to adding a
new activity to the fund detailing the source of funds by
account, program, project, and activity level; requiring the
submission of a notification prior to eliminating an existing
activity from the fund; and requiring the Department to submit
quarterly WCF execution reports to the Committees that include
activity-level detail.
Language deeming intelligence activities to be specifically
authorized during the budget year until the enactment of an Act
authorizing intelligence activities for that year.
Language requiring a specified notification to the
Committees at least three days before DHS executes or announces
grant allocations; grant awards; contract awards, including
contracts covered by the Federal Acquisition Regulation; other
transaction agreements; letters of intent; a task or delivery
order on multiple award contracts totaling $1,000,000 or more;
a task or delivery order greater than $10,000,000 from multi-
year funds; or sole-source grant awards.
Language prohibiting all agencies from purchasing,
constructing, or leasing additional facilities for federal law
enforcement training without advance notification to the
Committees.
Language prohibiting the use of funds for any construction,
repair, alteration, or acquisition project for which a
prospectus, if required under chapter 33 of title 40, United
States Code, has not been approved.
Language continuing by reference prior-year statutory
provisions related to a contracting officer's technical
representative training, sensitive security information, and
the use of funds in conformance with section 303 of the Energy
Policy Act of 1992.
Language prohibiting the use of funds in contravention of
the Buy American Act.
Language prohibiting the use of funds to amend the oath of
allegiance required by section 337 of the Immigration and
Nationality Act.
Language prohibiting DHS from using funds to carry out
reorganization authority.
Language prohibiting the use of funds for planning,
testing, piloting, or developing a national identification
card.
Language prohibiting any official required by this Act to
provide a report or make a certification to the Committees on
Appropriations from delegating such authority unless expressly
authorized to do so in this Act.
Language prohibiting funds in this Act from being used for
first-class travel.
Language prohibiting the use of funds appropriated or
otherwise made available in this Act to pay award or incentive
fees for contractors with a below satisfactory performance or a
performance that fails to meet the basic requirements of the
contract.
Language prohibiting the use of funds to enter into a
federal contract unless the contract meets the requirements of
the Federal Property and Administrative Services Act of 1949 or
chapter 137 of title 10 U.S.C., and the Federal Acquisition
Regulation, unless the contract is otherwise authorized by
statute without regard to this section.
Language requiring that DHS computer systems block
electronic access to pornography, except for law enforcement
purposes.
Language prohibiting the use of funds by federal law
enforcement personnel to transfer operable firearms to certain
individuals except under certain conditions.
Language restricting funds for travel and requiring
reporting related to conferences occurring outside of the
United States.
Language prohibiting funds to reimburse any federal
department or agency for its participation in a National
Special Security Event.
Language requiring a notification, including justification
materials, prior to implementing any structural pay reform that
affects more than 100 full-time positions or costs more than
$5,000,000.
Language directing the Department to post on a public
website reports required by the Committees on Appropriations
unless public posting compromises homeland or national security
or contains proprietary information.
Language authorizing minor procurement, construction, and
improvements using Operations and Support appropriations, as
specified.
Language authorizing DHS to use existing discretionary
appropriations for the primary and secondary schooling expense
of eligible dependents in areas and territories that meet
certain criteria.
Language providing an additional $41,000,000 for ``Federal
Emergency Management Agency--Federal Assistance'' for the
reimbursement of extraordinary law enforcement or other
emergency personnel overtime costs of protection activities
directly and demonstrably associated with a residence of the
President that is designated for protection.
Language continuing the availability of other transaction
authority.
Language prohibiting the use of funds to limit access to
detention facilities by members of Congress and their
designated staff.
Language prohibiting the use of funds to use restraints on
pregnant detainees in DHS custody except in certain
circumstances.
Language prohibiting the use of funds for the destruction
of records related to the sexual abuse or assault of detainees
in custody.
Language continuing by reference and modifying a
prohibition on the use of funds for a Principal Federal
Official during a declared disaster or emergency under the
Stafford Act, with certain exceptions.
Language requiring the Secretary to submit an annual report
on unfunded priorities classified as budget function 050.
Language prohibiting the use of funds to implement various
immigration policies and activities.
Language directing the transfer of funds for electronic
health records.
Language rescinding unobligated balances from Public Law
116-93 appropriated under ``U.S. Customs and Border
Protection--Procurement, Construction, and Improvements''.
Language rescinding unobligated balances from ``Customs and
Border Protection--Border Security, Fencing, Infrastructure,
and Technology''.
Language rescinding unobligated balances from ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements''.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1) of rule XIII of the House of
Representatives, the following table lists the appropriations
in the accompanying bill that are not authorized by law:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
PROGRAM DUPLICATION
No provision of this bill establishes or reauthorizes a
program of the Federal Government know to be duplicative of
another federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
identified in the most recent Catalog of Federal Domestic
Assistance.
COMMITTEE HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--
The following hearings were used to develop or consider the
Department of Homeland Security Appropriations Act, 2021:
The Subcommittee on Homeland Security held an oversight
hearing on March 11, 2020, entitled ``FY2021 Budget Hearing--
Immigration and Customs Enforcement.'' The Subcommittee
received testimony from:
Matthew T. Albence, Deputy Director and Senior Official
Performing the Duties of the Director for U.S. Immigration and
Customs Enforcement.
The Subcommittee on Homeland Security held an oversight
hearing on March 10, 2020, entitled ``FY2021 Budget Hearing--
U.S. Coast Guard Budget.'' The Subcommittee received testimony
from:
Admiral Karl Schultz, Commandant, U.S. Coast Guard.
The Subcommittee on Homeland Security held an oversight
hearing on February 27, 2020, entitled ``FY2021 Budget
Hearing--U.S. Customs and Border Protection.'' The Subcommittee
received testimony from:
Mark A. Morgan, Acting Commissioner, U.S. Customs and
Border Protection.
The Subcommittee on Homeland Security held an oversight
hearing on February 26, 2020, entitled ``Member Day Hearing.''
The Subcommittee received oral and/or written testimony from:
The Honorable Judy Chu, Member of Congress
The Honorable J. Luis Correa, Member of Congress
The Honorable Joe Cunningham, Member of Congress
The Honorable Veronica Escobar, Member of Congress
The Honorable Russ Fulcher, Member of Congress
The Honorable Jenniffer Gonzalez-Colon, Member of Congress
The Honorable Garret Graves, Member of Congress
The Honorable Raul M. Grijalva, Member of Congress
The Honorable J. French Hill, Member of Congress
The Honorable Sheila Jackson Lee, Member of Congress
The Honorable Eddie Bernice Johnson, Member of Congress
The Honorable Scott Perry, Member of Congress
The Honorable Stacey E. Plaskett, Member of Congress
The Honorable Raul Ruiz, Member of Congress
The Honorable Steve Scalise, Member of Congress
The Honorable Thomas R. Suozzi, Member of Congress
The Honorable Xochitl Torres Small, Member of Congress
The Honorable Peter J. Visclosky, Member of Congress.
The Subcommittee on Homeland Security held an oversight
hearing on February 26, 2020, entitled ``FY2021 Budget
Hearing--Department of Homeland Security.'' The Subcommittee
received testimony from:
The Honorable Chad F. Wolf, Acting Secretary, Department of
Homeland Security.
DETAILED EXPLANATIONS IN REPORT
The following table contains detailed funding
recommendations at the program, project, and activity (PPA)
level.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MINORITY VIEWS
The Department of Homeland Security is charged with the
critical mission to ``safeguard the American people, our
homeland, and our values.'' Even while facing the challenge of
operating during a global pandemic, the men and women of the
Department have faithfully executed their duties at the ports
of entry, along the border, at sea, and in our communities--
responding to emergencies and saving lives across the nation.
We all care about the safety and security of the people in our
country and the people at the Department, and many of the
investments in this bill reflect that shared concern.
We thank Chairwoman Lowey and Subcommittee Chairwoman
Roybal-Allard for their support for many of the programs
necessary to keep our country safe. We endorse the funding
levels that are proposed in this bill for the Coast Guard, the
Cybersecurity and Infrastructure Security Agency, the
Transportation Security Administration, the Secret Service, the
Federal Emergency Management Agency, and all the components of
the Department. We appreciate that these agencies were
prioritized under the allocation provided.
Unfortunately, in the places where we disagree, the
differences are vast, and in its current form, we cannot
support the bill. Starving agencies of necessary funds not only
puts our communities at risk, but also risks the safety of
government employees, as well as the migrants in their custody
and care.
This bill denies funds requested for border barriers in
fiscal year 2021. It also rescinds the entire $1,375,000,000
provided for this purpose in fiscal year 2020, effectively
nullifying the bipartisan, bicameral conference agreement. It
ties the hands of the Department of Homeland Security and other
departments by restricting their ability to direct funds toward
additional construction of border barriers, if needed.
This bill provides insufficient funds for U.S. Immigration
and Customs Enforcement (ICE) and further constrains the agency
by limiting funds for detention and withholding funds during
the public health measures ordered to keep our country safe.
ICE will be so constrained they may not be able to deport
criminals from our communities.
In addition to the lack of funds for border infrastructure
and immigration enforcement, this bill contains riders that
prevent the Department from enforcing the laws of our nation
and includes authorizing provisions outside of the Committee's
jurisdiction that lack the proper vetting and consideration.
Most notably, an amendment adopted on a straight party-line
vote prohibits funds from implementing almost every action
taken by the Administration to address illegal immigration and
fraudulent asylum claims. Other amendments change visa rules
and distributions either by funding limitations or direction to
the Department.
Immigration issues should be addressed in a thoughtful
manner by the authorizing committees of jurisdiction in both
the House and the Senate, and not through an ad hoc collection
of legislative provisions and funding limitations in an
appropriations bill.
Our commitment to the American people to ensure the
Department of Homeland Security has adequate funds to continue
its mission and uphold and enforce the laws of our nation is
unwavering. We remain optimistic that we will be able to work
together to address these issues and funding requirements in a
bill that will be signed by the President.
Kay Granger.
Chuck Fleischmann.