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[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.