[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3931 Reported in House (RH)]
<DOC>
Union Calendar No. 139
116th CONGRESS
1st Session
H. R. 3931
[Report No. 116-180]
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2020, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 24, 2019
Ms. Roybal-Allard, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2020, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Homeland Security for the fiscal
year ending September 30, 2020, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $174,916,000, of which
$20,000,000 shall be for an Ombudsman for Immigration Detention as
established by section 105: Provided, That not to exceed $45,000 shall
be for official reception and representation expenses.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, $1,194,608,000: Provided, That not to exceed $2,000 shall
be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $381,298,000, of which
$157,531,000 shall remain available until September 30, 2022; and of
which $223,767,000 shall remain available until September 30, 2024, to
plan, acquire, design, construct, renovate, remediate, equip, furnish,
improve infrastructure, and occupy buildings and facilities for the
Department headquarters consolidation project.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Operations Coordination for operations and support,
$276,641,000: Provided, That not to exceed $3,825 shall be for
official reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with secure space
at fusion centers, including improvements to buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General for
operations and support, $195,242,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
Sec. 101. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2020, to the Inspector General of the
Department of Homeland Security listing all grants and contracts
awarded by any means other than full and open competition during fiscal
years 2019 or 2020.
(b) The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15, 2021.
Sec. 102. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes, which shall be
specified in terms of cost, schedule, and performance.
Sec. 103. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9705(g)(4)(B) of
title 31, United States Code from the Department of the Treasury
Forfeiture Fund to any agency within the Department of Homeland
Security: Provided, That none of the funds identified for such a
transfer may be obligated until the Committees on Appropriations of the
Senate and the House of Representatives are notified of the proposed
transfers: Provided further, That funds available under such section
may not be used for the construction of border security infrastructure.
Sec. 104. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
establishment of an immigration detention ombudsman
Sec. 105. (a) In General.--Subtitle A of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 272) is amended by adding the following
new section:
``SEC. 405. OMBUDSMAN FOR IMMIGRATION DETENTION.
``(a) In General.--Within the Department, there shall be a position
of Immigration Detention Ombudsman (in this section referred to as the
`Ombudsman'). The Ombudsman shall be independent of Department agencies
and officers and shall report directly to the Secretary. The Ombudsman
shall be a senior official with a background in civil rights
enforcement, civil detention care and custody, and immigration law.
``(b) Functions.--The functions of the Ombudsman shall be to--
``(1) Establish and administer an independent, neutral, and
confidential process to receive, investigate, resolve, and
provide redress, including referral for investigation to the
Office of the Inspector General, referral to U.S. Citizenship
and Immigration Services for immigration relief, or any other
action determined appropriate, for cases in which Department
officers or other personnel, or contracted, subcontracted, or
cooperating entity personnel, are found to have engaged in
misconduct or violated the rights of individuals in immigration
detention;
``(2) Establish an accessible and standardized process
regarding complaints against any officer or employee of U.S.
Customs and Border Protection or U.S. Immigration and Customs
Enforcement, or any contracted, subcontracted, or cooperating
entity personnel, for violations of law, standards of
professional conduct, contract terms, or policy related to
immigration detention;
``(3) Conduct unannounced inspections of detention
facilities holding individuals in federal immigration custody,
including those owned or operated by units of State or local
government and privately-owned or operated facilities;
``(4) Review, examine, and make recommendations to address
concerns or violations of contract terms identified in reviews,
audits, investigations, or detainee interviews regarding
immigration detention facilities and services; and
``(5) Provide assistance to individuals affected by
potential misconduct, excessive force, or violations of law or
detention standards by Department of Homeland Security officers
or other personnel, or contracted, subcontracted, or
cooperating entity personnel.
``(c) Access to Detention Facilities.--The Ombudsman or designated
personnel of the Ombudsman, shall be provided unfettered access to any
location within each such detention facility and shall be permitted
confidential access to any detainee at the detainee's request and any
departmental records concerning such detainee.
``(d) Coordination With Department Components.--
``(1) In general.--The Director of U.S. Immigration and
Customs Enforcement and the Commissioner of U.S. Customs and
Border Protection shall each establish procedures to provide
formal responses to recommendations submitted to such officials
by the Ombudsman within 60 days of receiving such
recommendations.
``(2) Access to information.--The Secretary shall establish
procedures to provide the Ombudsman access to all departmental
records necessary to execute the responsibilities of the
Ombudsman under subsection (b) or (c) not later than 60 days
after a request from the Ombudsman for such information.
``(e) Annual Report.--The Ombudsman shall prepare a report to
Congress on an annual basis on its activities, findings, and
recommendations.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by adding after the new item relating
to section 404 the following new item:
``Sec. 405. Ombudsman for Immigration Detention.''.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
minor aliens; the provision of air and marine support to Federal,
State, and local agencies in the enforcement or administration of laws
enforced by the Department of Homeland Security; at the discretion of
the Secretary of Homeland Security, the provision of such support to
Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts; the purchase and lease of up to 7,500
(6,500 for replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and unmanned
aerial systems; and contracting with individuals for personal services
abroad; $13,114,935,000; of which $3,274,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses related to
the collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3))
and notwithstanding section 1511(e)(1) of the Homeland Security Act of
2002 (6 U.S.C. 551(e)(1)); of which $2,000,000,000 shall be available
until September 30, 2021; and of which such sums as become available in
the Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; and of
which $91,616,000 is for additional customs officers: Provided, That
not to exceed $34,425 shall be for official reception and
representation expenses: Provided further, That not to exceed $150,000
shall be available for payment for rental space in connection with
preclearance operations: Provided further, That not to exceed
$1,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland
Security. Provided further, That not to exceed $15,000,000 may be
transferred to the Bureau of Indian Affairs for the maintenance and
repair of roads on Native American reservations used by the U.S. Border
Patrol.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurements of
marine vessels, aircraft, and unmanned aerial systems, $477,962,000, of
which $449,598,000 shall remain available until September 30, 2022, and
of which $28,364,000 shall remain available until September 30, 2024.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas
vetted units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $7,593,940,000; of which
$55,698,000 shall remain available until September 30, 2021; of which
$1,500,000 is for paid apprenticeships for participants in the Human
Exploitation Rescue Operative Child-Rescue Corps: Provided, That not
to exceed $11,475 shall be for official reception and representation
expenses: Provided further, That not to exceed $10,000,000 shall be
available until expended for conducting special operations under
section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081):
Provided further, That not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security: Provided further,
That not to exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled aliens unlawfully present in
the United States. Provided further, That of the funds made available
under this heading, $10,000,000 shall be withheld from obligation until
the report required by section 209 has been made available on a
publicly accessible website.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $76,270,000, to remain
available until September 30, 2022; of which not less than $65,970,000
shall be available for facilities repair and maintenance projects.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $7,648,384,000, to remain
available until September 30, 2021: Provided, That not to exceed
$7,650 shall be for official reception and representation expenses:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2020 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $4,818,384,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$210,405,000, to remain available until September 30, 2022.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $20,902,000, to remain
available until September 30, 2022.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and
support, including purchase or lease of not to exceed 25 passenger
motor vehicles, which shall be for replacement only; purchase or lease
of small boats for contingent and emergent requirements (at a unit cost
of not more than $700,000) and repairs and service-life replacements,
not to exceed a total of $31,000,000; purchase, lease, or improvements
of boats necessary for overseas deployments and activities; payments
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96
Stat. 1920); and recreation and welfare; $8,028,742,000; of which
$340,000,000 shall be for defense-related activities; of which
$24,500,000 shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)); of which $5,000,000 shall remain
available until September 30, 2021; and of which $13,548,000 shall
remain available until September 30, 2024, for environmental compliance
and restoration: Provided, That not to exceed $23,000 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment
related thereto, $1,972,256,000, to remain available until September
30, 2024; of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which
$24,855,820 shall be derived from the Coast Guard Housing Fund.
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation
of facilities and equipment; $4,949,000, to remain available until
September 30, 2021, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,802,309,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652
vehicles for police-type use for replacement only; hire of passenger
motor vehicles; purchase of motorcycles made in the United States; hire
of aircraft; rental of buildings in the District of Columbia; fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control, as may be necessary to
perform protective functions; conduct of and participation in firearms
matches; presentation of awards; conduct of behavioral research in
support of protective intelligence and operations; payment in advance
for commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$2,380,504,000; of which $39,783,000 shall remain available until
September 30, 2021, and of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
Provided, That not to exceed $19,125 shall be for official reception
and representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in criminal investigations within
the jurisdiction of the United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $56,289,000, to remain
available until September 30, 2022.
research and development
For necessary expenses of the United States Secret Service for
research and development, $10,955,000, to remain available until
September 30, 2021.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
overtime compensation limitations, shall apply with respect to funds
made available in this Act in the same manner as such section applied
to funds made available in that Act, except that ``fiscal year 2020''
shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico in addition to
funding provided by section 740 of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 204. For an additional amount for ``U.S. Customs and Border
Protection--Operations and Support'', $31,000,000, to remain available
until expended, to be reduced by amounts collected and credited to this
appropriation in fiscal year 2019 from amounts authorized to be
collected by section 286(i) of the Immigration and Nationality Act (8
U.S.C. 1356(i)), section 10412 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade
Facilitation and Trade Enforcement Act of 2015 (Public Law 114-25), or
other such authorizing language: Provided, That to the extent that
amounts realized from such collections exceed $31,000,000, those
amounts in excess of $31,000,000 shall be credited to this
appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to section
501(b) of title 46, United States Code, for the transportation of crude
oil distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate measures
to ensure the use of United States flag vessels: Provided, That the
Secretary shall notify the Committees on Appropriations of the Senate
and the House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives within 2 business
days of any request for waivers of navigation and vessel-inspection
laws pursuant to section 501(b) of title 46, United States Code, with
respect to such transportation, and the disposition of such requests.
Sec. 207. (a) Beginning on the date of enactment of this Act, the
Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means a fee
that every pedestrian, cyclist, and driver and passenger of a private
motor vehicle is required to pay for the privilege of crossing the
Southern border or the Northern border at a land port of entry.
Sec. 208. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue a delegation of law enforcement authority authorized
under section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 209. Not later than 45 days after the date of enactment of
this Act, the Director of U.S. Immigration and Customs Enforcement
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives, and make available on a publicly accessible
website, a report describing agreements pursuant to section 287(g) of
the Immigration and Nationality Act (8 U.S.C. 1357(g)) which shall
include --
(1) detailed information relating to the community outreach
activities of each participating jurisdiction pursuant to such
agreement, including the membership and activities of any
community-based steering committee established by such
jurisdiction;
(2) the number of individuals placed into removal
proceedings pursuant to each such agreement;
(3) data on the performance of the officers or employees of
a State or political subdivision thereof under each such
agreement, including the nationality, level of criminality, and
enforcement priority of the individuals described in paragraph
(2); and
(4) information relating to any future plans to increase
the number of such agreements or expand the scope of such
agreements through the introduction of new operations pursuant
to such section.
Sec. 210. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue any contract for the provision of detention services
if the two most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
Sec. 211. Beginning on the date that is 90 days after the date of
the enactment of this Act, no Federal funds may be made available by
the Department of Homeland Security to make payments under an
indefinite delivery-indefinite quantity task order contract or delivery
order contract or under an inter-governmental agreement or service
agreement for the procurement of detention services unless, to the
extent allowed under such contract or agreement, the Secretary--
(1) modifies such contract or agreement to provide a fixed
termination date; and
(2) removes any option or other provision permitting the
Federal Government to renew or extend such contract or
agreement.
Sec. 212. Members of the United States House of Representatives
and the United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
Sec. 213. Any award by the Transportation Security Administration
to deploy explosives detection systems shall be based on risk, the
airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness.
Sec. 214. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2020, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives
detection systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section 44923(a) of
such title.
Sec. 215. None of the funds made available by this Act under the
heading ``Coast Guard--Operations and Support'' shall be for expenses
incurred for recreational vessels under section 12114 of title 46,
United States Code, except to the extent fees are collected from owners
of yachts and credited to the appropriation made available by this Act
under the heading ``Coast Guard--Operations and Support'': Provided,
That to the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and there
is a backlog of recreational vessel applications, personnel performing
non-recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 216. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, up to
$10,000,000 may be reprogrammed to or from the Military Pay and
Allowances funding category within ``Coast Guard--Operations and
Support'' in accordance with subsection (a) of section 503 of this Act.
Sec. 217. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under
the heading ``Coast Guard--Acquisition, Construction, and
Improvements'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such heading.
Sec. 218. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 219. No Federal funds made available to the United States
Secret Service may be made available for the protection of the head of
a Federal agency other than the Secretary of Homeland Security:
Provided, That the Director of the United States Secret Service may
enter into agreements to provide such protection on a fully
reimbursable basis.
Sec. 220. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 221. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for travel of
United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the Senate and the House
of Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 222. Not later than 90 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit an
expenditure plan for any amounts made available for ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' in
this Act and prior Acts to the Committees on Appropriations of the
Senate and the House of Representatives: Provided, That no such
amounts may be obligated prior to the submission of such plan.
Sec. 223. (a) No Federal funds may be used by the Department of
Homeland Security to place in detention, remove, refer for a decision
whether to initiate removal proceedings, or initiate removal
proceedings against a sponsor, potential sponsor, or member of a
household of a sponsor or potential sponsor of an unaccompanied alien
child (as defined in section 462(g) of the Homeland Security Act of
2002 (6 U.S.C. 279(g))) based on information shared by the Secretary of
Health and Human Services.
(b) Subsection (a) shall not apply if a background check of a
sponsor, potential sponsor, or member of a household of a sponsor or
potential sponsor reveals--
(1) a felony conviction or pending felony charge that
relates to--
(A) an aggravated felony (as defined in section
101(a)(43) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(43)));
(B) child abuse;
(C) sexual violence or abuse; or
(D) child pornography;
(2) an association with any business that employs a minor
who--
(A) is unrelated to the sponsor, potential sponsor,
or member of a household of a sponsor or potential
sponsor; and
(B) is--
(i) not paid a legal wage; or
(ii) unable to attend school due to the
employment; or
(3) an association with the organization or implementation
of prostitution.
Sec. 224. Section 226 of the Department of Homeland Security
Appropriations Act, 2019 (division A of Public Law 116-6), related to
Immigration and Customs Enforcement reporting, shall continue in
effect, except that such section shall hereafter be applied by
substituting ``7 days after the date of enactment of the Department of
Homeland Security Appropriations Act, 2020'' for ``90 days after the
date of enactment of this Act''.
Sec. 225. (a) The amount made available under ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'', shall
be available only as follows:
(1) $266,906,000 is for the acquisition and deployment of
border security technologies and trade and travel assets and
infrastructure;
(2) $28,364,000 is for facility construction and
improvements;
(3) $15,673,000 is for mission support assets and
infrastructure; and
(4) $167,019,000 is for integrated operations assets and
infrastructure.
(b) Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall submit to the Committee
on Appropriations of the Senate, and the House of Representatives, and
the Comptroller General of the United States an updated risk-based plan
for improving security along the borders of the United States that
includes the elements required under subsection (a) of section 231 of
division F of the Consolidated Appropriations Act, 2018 (Public Law
115-141), which shall be evaluated in accordance with subsection (b) of
such section.
Sec. 226. Federal funds may not be made available for the
construction of fencing--
(1) within the Santa Ana Wildlife Refuge;
(2) within the Bentsen-Rio Grande Valley State Park;
(3) within La Lomita Historical park;
(4) within the National Butterfly Center;
(5) within or east of the Vista del Mar Ranch tract of the
Lower Rio Grande Valley National Wildlife Refuge; or
(6) within historic cemeteries.
Sec. 227. (a) Notwithstanding any other provision of law, no
Federal funds may be used for the construction of physical barriers
along the southern land border of the United States during fiscal year
2020.
(b) Subsection (a) shall not apply to amounts made available for
such purpose by Public Law 116-6, Public Law 115-141, or Public Law
115-31.
Sec. 228. (a) Of the total amount made available under ``U.S.
Immigration and Customs Enforcement--Operations and Support'',
$3,930,966,000 is for Enforcement and Removal Operations, of which--
(1) $719,680,000 is for the detention and related care of
single adult aliens in the custody of U.S. Immigration and
Customs Enforcement, other than such aliens who were
transferred to the custody of such agency by U.S. Customs and
Border Protection after being--
(A) determined inadmissible at a port of entry; or
(B) apprehended within 14 days of entering the
United States;
(2) $839,537,000 is for the detention and related care of
single adult aliens in the custody of U.S. Immigration and
Customs Enforcement who are not described by subsection (a)(1);
(3) $148,054,000 is for fugitive operations;
(4) $285,104,000 is for the criminal alien program; and
(5) $475,471,000 is for the transportation and removal
program.
(b) If at any point before September 30, 2020, the Secretary of
Homeland Security determines that on any date in fiscal year 2020 the
anticipated total number of single adult aliens described in subsection
(a)(2) will exceed:
(1) the number so transferred through the comparable date
in fiscal year 2016, and such determination is made at any
point after January 1, 2020, and before September 30, 2020,
there is appropriated as an additional amount for ``U.S.
Immigration and Customs Enforcement--Operations and Support'',
$89,932,000, to become available on the date of the
certification of such determination in accordance with
subsection (d), for Enforcement and Removal Operations and to
remain available until September 30, 2024, of which--
(A) $74,076,000 shall be available for the purposes
described in subsection (a)(2); and
(B) $11,188,000 shall be available for the purposes
described in subsection (a)(5);
(2) 120 percent of the number so transferred through the
comparable date in fiscal year 2016, and such determination is
made at any point after March 1, 2020, and before September 30,
2020, there is appropriated as an additional amount for ``U.S.
Immigration and Customs Enforcement--Operations and Support'',
$89,934,000 to become available on the date of the
certification of such determination in accordance with
subsection (d), for Enforcement and Removal Operations, of
which--
(A) $74,077,000 shall be available for the purposes
described in subsection (a)(2); and
(B) $11,189,000 shall be available for the purposes
described in subsection (a)(5);
(3) 130 percent of the number so transferred through the
comparable date in fiscal year 2016, and such determination is
made at any point after May 1, 2020, and before September 30,
2020, there is appropriated as an additional amount for ``U.S.
Immigration and Customs Enforcement--Operations and Support'',
$58,595,000 to become available on the date of the
certification of such determination in accordance with
subsection (d), for Enforcement and Removal Operations, of
which--
(A) $42,739,000 shall be available for the purposes
described in subsection (a)(2); and
(B) $11,188,000 shall be available for the purposes
described in subsection (a)(5);
(4) 140 percent of the number so transferred through the
comparable date in fiscal year 2016, and such determination is
made at any point after June 1, 2020, and before September 30,
2020, there is appropriated as an additional amount for ``U.S.
Immigration and Customs Enforcement--Operations and Support'',
$88,712,000 to become available on the date of the
certification of such determination in accordance with
subsection (d), for Enforcement and Removal Operations, of
which--
(A) $72,856,000 shall be available for the purposes
described in subsection (a)(2); and
(B) $11,188,000 shall be available for the purposes
described in subsection (a)(5); or
(5) 150 percent of the number so transferred through the
comparable date in fiscal year 2016, and such determination is
made at any point after August 1, 2020, and before September
30, 2020, there is appropriated as an additional amount for
``U.S. Immigration and Customs Enforcement--Operations and
Support'', $59,904,000 to become available on the date of the
certification of such determination in accordance with
subsection (d), for Enforcement and Removal Operations, of
which--
(A) $44,048,000 shall be available for the purposes
described in subsection (a)(2); and
(B) $11,188,000 shall be available for the purposes
described in subsection (a)(5).
(c) The Secretary of Homeland Security shall report to the
Committees on Appropriations of the Senate and the House of
Representatives within 30 days of the date of enactment of this Act on
the methodology for determining the anticipated custody transfers
described in subsection (b) including a definition of single adult
alien.
(d) Each additional amount described in each of subsections (b)(1)
through (b)(5) of this section shall not be appropriated until the
Secretary of Homeland Security provides to the Committees on
Appropriations of the Senate and the House of Representatives, before
September 30, 2020--
(1) a certification that the respective condition in such
subsection has been met; and
(2) an analysis that substantiates such certification.
(e) Each additional amount appropriated by paragraphs (b)(1)
through (b)(5) of this section shall be appropriated not more than
once, in accordance with the certification requirements in subsection
(d) of this section.
(f) To the extent that any additional amount described by
subsection (b) is not appropriated for Enforcement and Removal
Operations under the conditions described in subsections (a) through
(d) before September 30, 2020, such amount shall be appropriated as an
additional amount for ``Coast Guard--Procurement, Construction, and
Improvements'', to become available on September 30, 2020, and to
remain available until September 30, 2024, for shore facilities and
aids to navigation: Provided, That the Commandant of the Coast Guard
shall provide a detailed plan for the use of such funds not later than
30 days prior to the obligation of such funds.
Sec. 229. (a) Any discretionary amounts appropriated in this Act in
the current fiscal year and any fiscal year thereafter may be obligated
for death gratuity payments, as authorized in subchapter II of chapter
75 of title 10, United States Code.
(b) Subsection (a) shall only apply if an appropriation for ``Coast
Guard--Operations and Support'' is unavailable for obligation for such
payments.
(c) Such obligations shall subsequently be recorded against
appropriations that become available for ``Coast Guard--Operations and
Support''.
Sec. 230. Notwithstanding section 111(d) of Public Law 107-71, any
Transportation Security Administration Determination on Transportation
Security Officers and Collective Bargaining in effect on January 1,
2019, and any collective bargaining agreement entered into under such
determination(s) shall remain in full force and effect, unless the
Administrator issues a new or updated determination and the parties
mutually and voluntarily enter into a new collective bargaining
agreement.
Sec. 231. (a) Not later than 30 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit a report to
the Committees on Appropriations of the Senate and the House of
Representatives on the following:
(1) A plan to ensure access to legal counsel for
individuals returned to Mexico under the Migrant Protection
Protocols, including options for video teleconferencing;
(2) A plan developed in consultation with the Department of
State to address the safety and security of such individuals;
(3) A plan to ensure that each such individual is offered a
briefing, prior to being so returned, on their legal rights and
obligations, which shall be in their primary spoken language to
the greatest extent possible;
(4) A plan developed in consultation with the Department of
Justice for prioritizing the immigration proceedings of such
individuals; and
(5) Policy documents that define categories of vulnerable
individuals who should not be so returned, including:
(A) pregnant women;
(B) individuals identifying as lesbian, gay,
bisexual, or transgender; and
(C) mentally or physically disabled individuals.
(b) For purposes of this section, Migrant Protection Protocols
means the actions taken by the Secretary to implement the memorandum
dated January 25, 2019 entitled ``Policy Guidance for the Implantation
Implementation of the Migrant Protection Protocols''.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $1,530,740,000, of which
$21,793,000 shall remain available until September 30, 2021: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$474,041,000, to remain available until September 30, 2022.
research and development
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $11,431,000, to remain
available until September 30, 2021.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,146,686,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $113,663,000, of which
$74,167,000 shall remain available until September 30, 2022, and of
which $39,496,000 shall remain available until September 30, 2024.
federal assistance
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,344,495,000, which shall be allocated only,
notwithstanding section 503(c) as follows:
(1) $625,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002
(6 U.S.C. 605), of which $90,000,000 shall be for Operation
Stonegarden, $15,000,000 shall be for Tribal Homeland Security
Grants under Section 2005 of the Homeland Security Act of 2002
(6 U.S.C. 606), and $40,000,000 shall be for organizations (as
described under section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such code)
determined by the Secretary of Homeland Security to be at high
risk of a terrorist attack: Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2020,
the Commonwealth of Puerto Rico shall make available to local
and tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $700,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $50,000,000 shall be for organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such
code) determined by the Secretary of Homeland Security to be at
high risk of a terrorist attack.
(3) $110,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be
for Amtrak security and $3,000,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(4) $110,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(5) $750,000,000, to remain available until September 30,
2021, of which $375,000,000 shall be for Assistance to
Firefighter Grants and $375,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
(6) $375,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of
title 6, United States Code, and Reorganization Plan No. 3 of
1978 (5 U.S.C. App.).
(7) $263,000,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance
Fund, and such additional sums as may be provided by States or
other political subdivisions for cost-shared mapping activities
under section 1360(f)(2) of the National Flood Insurance Act of
1968 (42 U.S.C. 4101(f)(2)), to remain available until
expended.
(8) $130,000,000 for the emergency food and shelter program
under title III of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11331), to remain available until expended:
Provided, That not to exceed 3.5 percent shall be for total
administrative costs.
(9) $281,495,000 for training, exercises, technical
assistance, and other programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$14,549,684,000, to remain available until expended: Provided, That of
the amount provided under this heading, $14,075,000,000 shall be for
major disasters declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is
designated by the Congress as being for disaster relief pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That $257,000,000 of the amount
provided under this heading shall be derived from unobligated balances
from prior year appropriations available under this heading: Provided
further, That none of the amounts derived from unobligated balances in
the previous proviso shall be from amounts that were designated by the
Congress as being for an emergency requirement pursuant to a Concurrent
Resolution on the budget or section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 or as being for
disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
1020), $206,166,000, to remain available until September 30, 2021,
which shall be derived from offsetting amounts collected under section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $13,906,000 shall be available for mission support
associated with flood management; and of which $192,260,000 shall be
available for flood plain management and flood mapping: Provided, That
any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as offsetting collections to this account, to be available for
flood plain management and flood mapping: Provided further, That in
fiscal year 2020, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) in excess of--
(1) $192,439,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,151,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017)(a)(7):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding subsection (f)(8)
of section 102 of the Flood Disaster Protection Act of 1973, section
1366(e) of the National Flood Insurance Act of 1968, and paragraphs (1)
through (3) of section 1367(b) of such Act (42 U.S.C. 4012a(f)(8),
4104c(e), 4104d(b)(1)-(3)): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 shall be
available to carry out section 24 of the Homeowner Flood Insurance
Affordability Act of 2014 (42 U.S.C. 4033).
Administrative Provisions
Sec. 301. Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (4) under ``Federal Emergency Management
Agency--Federal Assistance'', may be used by the grantee for expenses
directly related to administration of the grant.
Sec. 302. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (4), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days after the
grant announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of an
application.
Sec. 303. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(4), the Administrator of the Federal Emergency Management Agency shall
brief the Committees on Appropriations of the Senate and the House of
Representatives 5 full business days in advance of announcing publicly
the intention of making an award.
Sec. 304. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 305. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4) shall be applied in fiscal year 2020 with
respect to budget year 2021 and current fiscal year 2020,
respectively--
(1) in paragraph (1) by substituting ``fiscal year 2021''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 306. (a) In making grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for Staffing for
Adequate Fire and Emergency Response grants, the Secretary may grant
waivers from the requirements in subsections (a)(1)(A), (a)(1)(B),
(a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229a).
(b) For grants made under the heading ``Federal Emergency
Management Agency--Firefighter Assistance Grants'' in division F of
Public Law 114-113, the Secretary may extend the period of performance
described in subsection (a)(1)(B) of such section 34 for up to one
additional year.
(c) For purposes of subsection (b)--
(1) subsections (a)(1)(E)(iii) and (c)(4)(C) of such
section 34 shall also apply to such additional year of such
period of performance; and
(2) the authority provided shall only apply to any such
grant award that remains open on the date of enactment of this
Act.
Sec. 307. The aggregate charges assessed during fiscal year 2019,
as authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program for the
next fiscal year: Provided, That the methodology for assessment and
collection of fees shall be fair and equitable and shall reflect costs
of providing such services, including administrative costs of
collecting such fees: Provided further, That such fees shall be
deposited in a Radiological Emergency Preparedness Program account as
offsetting collections and will become available for authorized
purposes on October 1, 2020, and remain available until expended.
Sec. 308. (a) The time limit in section 206.40(d) of title 44, Code
of Federal Regulations, shall not apply to the re-submission of a
request for assistance under section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) related
to the removal of debris from an owner-occupied private residence or
property for a major disaster declared by the President in accordance
with such Act on or after May 1, 2018, and before the date of enactment
of this Act.
(b) The Administrator of the Federal Emergency Management Agency
shall reconsider any re-submission under subsection (a) as if such
submission were made within the time limit.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support $170,655,000; of which $123,522,000 shall be
for the E-Verify Program; of which $11,271,000 shall be for the Office
of Citizenship; and of which $35,862,000 shall be for the Systematic
Alien Verification for Entitlements program.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration Services
for Federal assistance for the Citizenship and Integration Grant
Program, $10,000,000.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $308,803,000, of which $46,349,000 shall remain available
until September 30, 2021: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training
Centers for procurement, construction, and improvements, $59,288,000,
to remain available until September 30, 2024.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate
for operations and support, including the purchase or lease of not to
exceed 5 vehicles, $314,672,000, of which $171,232,000 shall remain
available until September 30, 2021: Provided, That not to exceed
$10,000 shall be for official reception and representation expenses.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $351,008,000, to remain available until
September 30, 2022.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $180,620,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and improvements,
$121,988,000, to remain available until September 30, 2022.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $67,681,000, to remain
available until September 30, 2022.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $64,663,000, to remain
available until September 30, 2022.
Administrative Provisions
(including transfer of funds)
Sec. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease: Provided, That
the Director of U.S. Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles to
travel between the employees' residences and places of employment.
Sec. 402. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service
Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 403. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 404. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors.
Sec. 405. The Director of the Federal Law Enforcement Training
Centers may accept transfers to the account established by section
407(a) of division F of the Consolidated Appropriations Act, 2018
(Public Law 115-141) from Government agencies requesting the
construction of special use facilities, as authorized by the Economy
Act (31 U.S.C. 1535(b)): Provided, That the Federal Law Enforcement
Training Centers maintain administrative control and ownership upon
completion of such facilities.
Sec. 406. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for purposes of the Federal Activities Inventory Reform Act of 1998 (31
U.S.C. 501 note).
Sec. 407. None of the funds deposited into the Immigration
Examinations Fee Account, as described in section 1356(m) of title 8,
United States Code, may be transferred to or made available for the use
of U.S. Immigration and Customs Enforcement.
Sec. 408. (a) Section 540 of title V of division D of the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3688) is
repealed.
(b) Section 538 of title V of division D of the Consolidated
Appropriations Act, 2012 (Public Law 112-74; 125 Stat. 976) is
repealed.
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2020, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the
President's budget proposal for fiscal year 2020 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives are
notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the Senate
and the House of Representatives are notified at least 30 days in
advance of such transfer, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations based upon
an initial notification provided after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department of
Homeland Security Appropriations Acts that remain available for
obligation in the current year.
(f) Subsection (c) shall not apply to ``U.S. Immigration and
Customs Enforcement -- Operations and Support'' for Enforcement and
Removal Operations.
Sec. 504. Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31), related to
the operations of a working capital fund, shall apply with respect to
funds made available in this Act in the same manner as such section
applied to funds made available in that Act: Provided, That funds from
such working capital fund may be obligated and expended in anticipation
of reimbursements from departmental components
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2020, as recorded in the financial records at the
time of a reprogramming notification, but not later than June 30, 2021,
from appropriations for ``Operations and Support'' for fiscal year 2020
in this Act shall remain available through September 30, 2021, in the
account and for the purposes for which the appropriations were
provided: Provided, That prior to the obligation of such funds, a
notification shall be submitted to the Committees on Appropriations of
the Senate and the House of Representatives in accordance with section
503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2020 until the enactment of an Act authorizing
intelligence activities for fiscal year 2020.
Sec. 507. (a) The Secretary of Homeland Security, or the designee
of the Secretary, shall notify the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days
in advance of--
(1) making or awarding a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract, or to
issue a letter of intent totaling in excess of $1,000,000;
(2) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or award
items under paragraph (1), (2), or (3), including a contract
covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Centers facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520 and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161;
121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act:
Provided, That for purposes of the preceding sentence, the term ``Buy
American Act'' means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. None of the funds provided or otherwise made available
in this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the
Congress.
Sec. 514. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 515. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 516. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 517. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 518. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code, or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 519. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 520. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 521. None of the funds made available in this Act may be used
to pay for the travel to or attendance of more than 50 employees of a
single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations: Provided further,
That the total cost to the Department of Homeland Security of any such
conference shall not exceed $500,000.
Sec. 522. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 523. None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for any
structural pay reform that affects more than 100 full-time positions or
costs more than $5,000,000 in a single year before the end of the 30-
day period beginning on the date on which the Secretary of Homeland
Security submits to Congress a notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 524. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website
of that agency any report required to be submitted by the Committees on
Appropriations of the Senate and the House of Representatives in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the Senate and the House of Representatives for not
less than 45 days except as otherwise specified in law.
Sec. 525. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
Sec. 526. The authority provided by section 532 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115-141)
regarding primary and secondary schooling of dependents shall continue
in effect during fiscal year 2020.
Sec. 527. (a) For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $41,000,000, to remain
available until September 30, 2021, exclusively for providing
reimbursement of extraordinary law enforcement personnel costs for
protection activities directly and demonstrably associated with any
residence of the President that is designated or identified to be
secured by the United States Secret Service.
(b) Subsections (b) through (f) of section 534 of the Department of
Homeland Security Appropriations Act, 2018 (Public Law 115-141), shall
be applied with respect to amounts made available by subsection (a) of
this section by substituting ``October 1, 2020'' for ``October 1,
2018'' and ``October 1, 2019'' for ``October 1, 2017''.
Sec. 528. (a) None of the funds appropriated or otherwise made
available to the Department of Homeland Security by this Act may be
used to prevent any of the following persons from entering, for the
purpose of conducting oversight, any facility operated by or for the
Department of Homeland Security used to detain or otherwise house
aliens, or to make any temporary modification at any such facility that
in any way alters what is observed by a visiting member of Congress or
such designated employee, compared to what would be observed in the
absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of Representatives or
the United States Senate designated by such a Member for the purposes
of this section.
(b) Nothing in this section may be construed to require a Member of
Congress to provide prior notice of the intent to enter a facility
described in subsection (a) for the purpose of conducting oversight.
(c) With respect to individuals described in subsection (a)(2), the
Department of Homeland Security may require that a request be made at
least 24 hours in advance of an intent to enter a facility described in
subsection (a).
Sec. 529. (a) Except as provided in subsection (b), none of the
funds made available to the Department of Homeland Security may be used
to place restraints on a woman in the custody of the Department of
Homeland Security (including during transport, in a detention facility,
or at an outside medical facility) who is pregnant or in post-delivery
recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant woman
if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot
be prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other
means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b),
only the safest and least restrictive restraints, as determined by the
appropriate medical professional treating the woman, may be used. In no
case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a
restraint belt that constricts the area of the pregnancy. A pregnant
woman who is immobilized by restraints shall be positioned, to the
maximum extent feasible, on her left side.
Sec. 530. None of the funds made available to the Department of
Homeland Security may be used to destroy any document, recording, or
other record pertaining to any potential sexual assault or abuse
perpetrated against any individual held in the custody of the
Department of Homeland Security.
Sec. 531. Section 513 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated as a
Principal Federal Official, shall apply with respect to funds made
available in this Act in the same manner as such section applied to
funds made available in that Act.
Sec. 532. Notwithstanding the numerical limitation set forth in
section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of American businesses cannot be satisfied in fiscal year 2020 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, shall increase the total number of
aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above
such limitation by not more than the highest number of H-2B
nonimmigrants who participated in the H-2B returning worker program in
any fiscal year in which returning workers were exempt from such
numerical limitation.
Sec. 533. In fiscal year 2020, nonimmigrants shall be admitted to
the United States under section 101(a)(15)(H)(ii)(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform
agricultural labor or services, without regard to whether such labor
is, or services are, of a temporary or seasonal nature.
Sec. 534. No Federal funds may be made available to the Secretary
of Homeland Security or to the head of any other Federal department or
agency to implement, administer, enforce, or carry out (including
through the issuance of any regulations) any of the policy changes set
forth in the following documents (or any substantially similar policy
changes issued or taken on or after the date of enactment of this Act,
whether set forth in memorandum, Executive order, regulation,
directive, or by other action):
(1) U.S. Citizenship and Immigration Services Policy Memo
602-0162, dated July 11, 2018.
(2) The memorandum from the Principal Legal Advisor on
Litigating Domestic Violence-Based Persecution Claims Following
Matter of A-B-, dated July 11, 2018.
(3) Executive Order 13780, issued on March 6, 2017.
(4) Presidential Proclamation 9645, issued on September 24,
2017.
(5) Executive Order 13815, issued on October 24, 2017.
(6) The proposed rule by the Department of Homeland
Security entitled ``Inadmissibility on Public Charge Grounds''
that was entered in the Federal Register on October 10, 2018.
(7) The Interim Final Rule published November 9, 2018,
entitled, ``Aliens Subject to a Bar Under Certain Presidential
Proclamations, Procedures for Protection Claims'' (83 Fed. Reg.
55934).
(8) Presidential Proclamation 9822, issued on November 9,
2018.
(9) The Migrant Protection Protocols announced by the
Secretary of Homeland Security on December 20, 2018, and any
subsequent revisions to those protocols.
(10) DHS Policy Memorandum 602-0169, or any other agency
policy memorandum implementing the protocols described in such
policy memorandum.
(11) Any regulation, policy, guideline, or practice
applying the provisions of section 235(b)(2)(C) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(2)(C)) to
nationals of noncontiguous countries.
Sec. 535. (a) No Federal funds may be made available to the
Secretary of Homeland Security or to the head of any other Federal
department or agency to place in detention, remove, refer for removal,
or initiate removal proceedings against, any individuals who were
approved by the Secretary of Homeland Security 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'', or individuals granted temporary protected status under
section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a),
except that this prohibition shall not apply with respect to an
individual who no longer qualifies either for deferred action under
such initiative or for temporary protected status under such section
244.
(b) None of the funds appropriated or otherwise made available by
this Act may be used by U.S. Immigration and Customs Enforcement or by
U.S. Customs and Border Protection to conduct raids or other
immigration enforcement activities at or within 1,000 feet of any of
the following locations against persons unlawfully present in the
United States:
(1) Public and private preschools.
(2) Public and private elementary or secondary schools.
(3) Postsecondary schools, including colleges and
universities.
(4) Other institutions of learning, including trade and
vocational schools.
(5) Scholastic or education-related activities or events.
(6) Bus stops.
(7) Licensed adult or child day care facilities.
(8) Medical treatment or health care facilities, including
hospitals, community health centers, and health clinics.
(9) Federal, State, or local courthouses, including the
office of an individual's legal counsel or representative, and
probation offices.
(10) Congressional offices.
(11) Public assistance offices.
(12) Social Security offices.
(13) U.S. Citizenship and Immigration Services offices.
(14) Facilities of organizations that assist children,
pregnant women, victims of crime or abuse, or individuals with
significant mental or physical disabilities, including domestic
violence shelters, rape crisis centers, supervised visitation
centers, family justice centers, and victim services providers.
(15) Facilities of organizations that provide disaster or
emergency social services and assistance, including food banks
and homeless shelters.
(16) Sites of funerals, weddings, or other public religious
ceremonies.
(17) Places of religious worship, including churches,
synagogues, mosques, gurdwaras, and buildings rented for
religious services.
(18) Indoor and outdoor premises of departments of motor
vehicles.
(19) Food banks.
(20) Community centers.
(c) The prohibition in subsection (b) shall not apply in the case
of officers or agents of either such agency executing a judicial
warrant.
(rescissions)
Sec. 536. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177):
(1) $20,000,000 from Public Law 115-141 under the heading
``Customs and Border Protection--Procurement, Construction and
Improvement''.
(2) $601,000,000 from Public Law 116-6 under the heading
``Customs and Border Protection--Procurement, Construction, and
Improvement''.
(3) $10,000,000 from ``Customs and Border Protection--
Automation Modernization'' account 70X0531.
(4) $10,000,000 from ``Customs and Border Protection--
Border Security, Fencing, Infrastructure, and Technology''
account 70X0533.
(5) $4,000,000 from ``Customs and Border Protection--
Construction'' account 70X0532.
(6) $500,000 from Public Law 114-113 under the heading
``Coast Guard--Acquisition, Construction, and Improvements''.
(7) $6,000,000 from Public Law 115-31 under the heading
``Coast Guard--Acquisition, Construction and Improvements''.
(8) $5,000,000 from Public Law 115-141 under the heading
``Coast Guard--Research, Development, Test, and Evaluation''.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2020''.
Union Calendar No. 139
116th CONGRESS
1st Session
H. R. 3931
[Report No. 116-180]
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2020, and for other purposes.
_______________________________________________________________________
July 24, 2019
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed