IB 

Union Calendar No. 368 

116TH CONGRESS 

2D SESSION H. R. 7669 

[Report No. 116–458] 

Making appropriations for the Department of Homeland Security for the 

fiscal year ending September 30, 2021, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 20, 2020 

Ms. ROYBAL-ALLARD, from the Committee on Appropriations, reported the 

following bill; which was committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2021, 

and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Homeland Security for the fiscal year end6 ing September 30, 2021, and for other purposes, namely: 

7 TITLE I 

8 DEPARTMENTAL MANAGEMENT, OPERATIONS, 

9 INTELLIGENCE, AND OVERSIGHT 

10 OFFICE OF THE SECRETARY AND EXECUTIVE

11 MANAGEMENT

12 OPERATIONS AND SUPPORT

13 For necessary expenses of the Office of the Secretary 

14 and for executive management for operations and support, 

15 $151,868,000; of which $20,000,000 shall be for the Of16 fice of the Ombudsman for Immigration Detention, of 

17 which $5,000,000 shall remain available until September 

18 30, 2022; and of which $10,000,000 shall be withheld 

19 from obligation until the date on which the Secretary pub20 lishes the first semi-monthly data required in section 

21 106(d) of this Act and submits the first annual report re22 quired in section 106(e) of division D of Public Law 116- 

23 93: Provided, That not to exceed $30,000 shall be for offi24 cial reception and representation expenses. 


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1 MANAGEMENT DIRECTORATE

2 OPERATIONS AND SUPPORT

3 For necessary expenses of the Management Direc4 torate for operations and support, $1,401,757,000: Pro5 vided, That not to exceed $2,000 shall be for official recep6 tion and representation expenses. 

7 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

8 For necessary expenses of the Management Direc9 torate for procurement, construction, and improvements, 

10 $359,450,000, of which $159,611,000 shall remain avail11 able until September 30, 2023; and of which 

12 $199,839,000 shall remain available until September 30, 

13 2025. 

14 FEDERAL PROTECTIVE SERVICE

15 The revenues and collections of security fees credited 

16 to this account shall be available until expended for nec17 essary expenses related to the protection of federally 

18 owned and leased buildings and for the operations of the 

19 Federal Protective Service. 

20 INTELLIGENCE, ANALYSIS, AND OPERATIONS

21 COORDINATION

22 OPERATIONS AND SUPPORT

23 For necessary expenses of the Office of Intelligence 

24 and Analysis and the Office of Operations Coordination 

25 for operations and support, $311,263,000, of which 


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1 $82,620,000 shall remain available until September 30, 

2 2022: Provided, That not to exceed $3,825 shall be for 

3 official reception and representation expenses and not to 

4 exceed $2,000,000 is available for facility needs associated 

5 with secure space at fusion centers, including improve6 ments to buildings. 

7 OFFICE OF THE INSPECTOR GENERAL

8 OPERATIONS AND SUPPORT

9 For necessary expenses of the Office of Inspector 

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

14 Inspector General. 

15 ADMINISTRATIVE PROVISIONS

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

17 shall submit a report not later than October 15, 2021, 

18 to the Inspector General of the Department of Homeland 

19 Security listing all grants and contracts awarded by any 

20 means other than full and open competition during fiscal 

21 years 2020 or 2021. 

22 (b) The Inspector General shall review the report re23 quired by subsection (a) to assess departmental compli24 ance with applicable laws and regulations and report the 

25 results of that review to the Committees on Appropriations 


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1 of the Senate and the House of Representatives not later 

2 than February 15, 2022. 

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

4 of each month, the Chief Financial Officer of the Depart5 ment of Homeland Security shall submit to the Commit6 tees on Appropriations of the Senate and the House of 

7 Representatives a monthly budget and staffing report that 

8 includes total obligations of the Department for that 

9 month and for the fiscal year at the appropriation and 

10 program, project, and activity levels, by the source year 

11 of the appropriation. 

12 SEC. 103. The Secretary of Homeland Security shall 

13 require that all contracts of the Department of Homeland 

14 Security that provide award fees link such fees to success15 ful acquisition outcomes, which shall be specified in terms 

16 of cost, schedule, and performance. 

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

18 in consultation with the Secretary of the Treasury, shall 

19 notify the Committees on Appropriations of the Senate 

20 and the House of Representatives of any proposed trans21 fers of funds available under section 9705(g)(4)(B) of title 

22 31, United States Code, from the Department of the 

23 Treasury Forfeiture Fund to any agency within the De24 partment of Homeland Security. 


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

2 may be obligated until the Committees on Appropriations 

3 of the Senate and the House of Representatives are noti4 fied of the proposed transfer. 

5 (c) The funds available under such section may not 

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

8 SEC. 105. All official costs associated with the use 

9 of Government aircraft by Department of Homeland Secu10 rity personnel to support official travel of the Secretary 

11 and the Deputy Secretary shall be paid from amounts 

12 made available for the Office of the Secretary. 

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

14 shall establish metrics and collect data for assessing each 

15 modality through which aliens are removed, expelled, ex16 tradited, or otherwise involuntarily returned to Mexico or 

17 to a third country with respect to making an asylum claim 

18 for all such modalities that were implemented by the De19 partment of Homeland Security after January 1, 2019. 

20 Such data shall include: 

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

22 otherwise involuntarily returned— 

23 (A) the country to which the alien is re24 moved, expelled, extradited or returned; 


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1 (B) whether the alien was a member of a 

2 family unit; 

3 (C) the nationality of the alien; 

4 (D) the gender of the alien; 

5 (E) the age of the alien; 

6 (F) the port of entry, Border Patrol Sec7 tor, or city and State, as appropriate, in which 

8 the alien was apprehended or processed; 

9 (G) the departmental component and office 

10 responsible for such apprehension or processing; 

11 (H) whether the alien belongs to a vulner12 able group, as defined by the Secretary in col13 laboration with the Office of Civil Rights and 

14 Civil Liberties, and the vulnerable group to the 

15 which the alien belongs; 

16 (I) whether the alien expresses fear, 

17 disaggregated by the number who receive a 

18 positive fear determination based on an inter19 view by an asylum officer; 

20 (J) whether the alien is represented by 

21 legal counsel; 

22 (K) the location and facility type in which 

23 the alien was detained; and 

24 (2) For aliens returned to Mexico— 


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1 (A) the number who appear at a port of 

2 entry to attend immigration adjudication pro3 ceedings; 

4 (B) the number scheduled to appear at a 

5 port of entry for such proceedings who do not 

6 so appear; 

7 (C) the outcomes of such proceedings, in8 cluding data on the number of removals ordered 

9 in absentia; 

10 (D) the number who remain overnight in 

11 the United States following such proceedings; 

12 and 

13 (E) the number who subsequently reenter 

14 without inspection, disaggregated by adults and 

15 children who reenter unaccompanied. 

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

17 shall refer to credible or reasonable fear of: 

18 (1) persecution, as defined in section 

19 235(b)(1)(B)(v) of the Immigration and Nationality 

20 Act; or 

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

22 8, Code of Federal Regulations (as in effect on Jan23 uary 1, 2020). 

24 (c) No Federal funds may be obligated or expended 

25 to implement a return modality for purposes of an alien 


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1 establishing an asylum claim in a third country until the 

2 Secretary has certified to Congress that such third coun3 try has the capacity to assess asylum claims and safely 

4 resettle such claimants. 

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

6 of enactment of this Act, the Secretary shall publish on 

7 a semi-monthly basis not less than the previous 12 months 

8 of the data required to be collected by subsection (a) as 

9 of the last date of each reporting period on a publicly 

10 available website of the Department in a downloadable, 

11 searchable, and sortable format. 

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

13 shall conduct a comprehensive study to determine the ex14 tent of human trafficking in the United States, consistent 

15 with the conclusions of the consultation under subsection 

16 (b). 

17 (b) Prior to commencing the study, the Secretary 

18 shall carry out the following activities in consultation with 

19 such Federal departments and agencies and State and 

20 local government entities as the Secretary determines ap21 propriate— 

22 (1) determine the appropriate time period for 

23 the study to consider; 

24 (2) determine what information regarding the 

25 incidence of human trafficking is currently reported 


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1 to any Federal department or agency, and the avail2 ability of such information; 

3 (3) take appropriate actions to obtain such in4 formation, consistent with privacy protection laws 

5 and considerations and, where such information can6 not be obtained, promptly report to Congress such 

7 unavailability; 

8 (4) determine what additional information from 

9 State and local government entities is necessary to 

10 complete the study; and 

11 (5) enter into agreements with such States or 

12 local governments providing for the reporting of 

13 such information. 

14 (c) The Secretary shall provide a report to Congress 

15 on the results of the study required by subsection (a), 

16 which shall also include: 

17 (1) the estimated number of human trafficking 

18 victims disaggregated by— 

19 (A) whether the victim was trafficked with20 in a State; and 

21 (B) whether the victim was trafficked in 

22 interstate commerce; and 

23 (2) a description of industries and geographical 

24 regions in which the practice of human trafficking is 

25 most prevalent. 


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

2 shall establish and implement pilot programs under which 

3 Mexican nationals admitted as nonimmigrant visitors in 

4 a State pursuant to the requirements described in sections 

5 212.1(c)(1)(i) and 235.1(h)(v)(A) or (C) of title 8, Code 

6 of Federal Regulations, shall, notwithstanding the geo7 graphic limitations described in such section 

8 235.1(h)(v)(A) or (C), be permitted to travel within the 

9 boundaries of such State for a period not to exceed 30 

10 days, as applicable. 

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

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

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

15 travel report to the Committees on Appropriations of the 

16 Senate and the House of Representatives detailing all 

17 costs for the prior quarter for travel by the Secretary and 

18 Deputy Secretary, disaggregated by funding source, indi19 rect costs, direct costs, official travel, and nonofficial trav20 el. 

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

22 shall be provided not later than 30 days after the end of 

23 each fiscal quarter, beginning with the end of the first 

24 quarter beginning after the date of enactment of this Act. 


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

2 any pilot or demonstration program that uses more than 

3 5 full time equivalents or costs in excess of $1,000,000 

4 until 30 days after the Secretary of Homeland Secretary 

5 provides the following to the Committees on Appropria6 tions of the Senate and the House of Representatives for 

7 such program: 

8 (1) Objectives that are well-defined and meas9 urable; 

10 (2) An assessment methodology that details— 

11 (A) the type and source of assessment 

12 data; 

13 (B) the methods for and frequency of col14 lecting such data; and 

15 (C) how such data will be analyzed; 

16 (3) An implementation plan, including mile17 stones, a cost estimate, and schedule, including an 

18 end date; and 

19 (4) A signed interagency agreement or memo20 randum of agreement for any pilot or demonstration 

21 program involving the participation of more than 

22 one Department of Homeland Security component or 

23 that of an entity not part of such Department. 

24 (b) Not later than 30 days after the date of comple25 tion of a pilot or demonstration program, the Secretary 


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1 of Homeland Security shall provide a report to Commit2 tees on Appropriations of the Senate and the House of 

3 Representatives detailing lessons learned, actual costs, 

4 and any planned expansion or continuation of the pilot 

5 or demonstration program. 

6 (c) For the purposes of this section, a pilot or dem7 onstration program is a policy implementation, study, 

8 demonstration, experimental program, or trial that is a 

9 small-scale, short-term experiment conducted in order to 

10 evaluate feasibility, duration, costs, or adverse events, and 

11 improve upon the design of an effort prior to implementa12 tion of a larger scale effort. 

13 TITLE II 

14 SECURITY, ENFORCEMENT, AND 

15 INVESTIGATIONS 

16 U.S. CUSTOMS AND BORDER PROTECTION

17 OPERATIONS AND SUPPORT

18 (INCLUDING TRANSFERS OF FUNDS)

19 For necessary expenses of U.S. Customs and Border 

20 Protection for operations and support, including the trans21 portation of unaccompanied minor aliens; the provision of 

22 air and marine support to Federal, State, local, and inter23 national agencies in the enforcement or administration of 

24 laws enforced by the Department of Homeland Security; 

25 at the discretion of the Secretary of Homeland Security, 


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1 the provision of such support to Federal, State, and local 

2 agencies in other law enforcement and emergency humani3 tarian efforts; the purchase and lease of up to 7,500 

4 (6,500 for replacement only) police-type vehicles; the pur5 chase, maintenance, or operation of marine vessels, air6 craft, and unmanned aerial systems; and contracting with 

7 individuals for personal services abroad; $13,240,238,000; 

8 of which $3,274,000 shall be derived from the Harbor 

9 Maintenance Trust Fund for administrative expenses re10 lated to the collection of the Harbor Maintenance Fee pur11 suant to section 9505(c)(3) of the Internal Revenue Code 

12 of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding sec13 tion 1511(e)(1) of the Homeland Security Act of 2002 (6 

14 U.S.C. 551(e)(1)); of which $500,000,000 shall be avail15 able until September 30, 2022; and of which such sums 

16 as become available in the Customs User Fee Account, ex17 cept sums subject to section 13031(f)(3) of the Consoli18 dated Omnibus Budget Reconciliation Act of 1985 (19 

19 U.S.C. 58c(f)(3)), shall be derived from that account; and 

20 of which $172,000,000 is for additional Office of Field 

21 Operations staffing: Provided, That not to exceed $34,425 

22 shall be for official reception and representation expenses: 

23 Provided further, That not to exceed $150,000 shall be 

24 available for payment for rental space in connection with 

25 preclearance operations: Provided further, That not to exVerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669

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1 ceed $2,000,000 shall be for awards of compensation to 

2 informants, to be accounted for solely under the certificate 

3 of the Secretary of Homeland Security: Provided further, 

4 That not to exceed $5,000,000 may be transferred to the 

5 Bureau of Indian Affairs for the maintenance and repair 

6 of roads on Native American reservations used by the U.S. 

7 Border Patrol: Provided further, That, not to exceed 

8 $75,000,000 shall be transferred to the United States 

9 Fish and Wildlife Service for mitigation activities, includ10 ing land acquisition, related to the construction of border 

11 barriers on Federal lands: Provided further, That of the 

12 funds made available under this heading for the Executive 

13 Leadership and Oversight program, project, and activity, 

14 $5,000,000 shall be withheld from obligation until the 

15 Commissioner of U.S. Customs and Border Protection 

16 submits the report required by section 209(b). 

17 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

18 For necessary expenses of U.S. Customs and Border 

19 Protection for procurement, construction, and improve20 ments, including procurement of marine vessels, aircraft, 

21 and unmanned aerial systems, $877,547,000, of which 

22 $750,148,000 shall remain available until September 30, 

23 2023, and of which $127,399,000 shall remain available 

24 until September 30, 2025. 


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1 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

2 OPERATIONS AND SUPPORT

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of U.S. Immigration and 

5 Customs Enforcement for operations and support, includ6 ing the purchase and lease of up to 3,790 (2,350 for re7 placement only) police-type vehicles; overseas vetted units; 

8 and maintenance, minor construction, and minor leasehold 

9 improvements at owned and leased facilities; 

10 $7,308,449,000; of which not less than $6,000,000 shall 

11 remain available until expended for efforts to enforce laws 

12 against forced child labor; of which not less than 

13 $1,500,000 is for paid apprenticeships for participants in 

14 the Human Exploitation Rescue Operative Child-Rescue 

15 Corps; of which not less than $15,000,000 shall be avail16 able for investigation of intellectual property rights viola17 tions, including operation of the National Intellectual 

18 Property Rights Coordination Center; of which 

19 $3,305,292,000 shall be for enforcement and removal op20 erations, including transportation of unaccompanied 

21 minor aliens; and of which $317,613,000 shall be for the 

22 Office of the Principal Legal Advisor: Provided, That not 

23 to exceed $11,475 shall be for official reception and rep24 resentation expenses: Provided further, That not to exceed 

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1 ducting special operations under section 3131 of the Cus2 toms Enforcement Act of 1986 (19 U.S.C. 2081): Pro3 vided further, That not to exceed $2,000,000 shall be for 

4 awards of compensation to informants, to be accounted 

5 for solely under the certificate of the Secretary of Home6 land Security: Provided further, That not to exceed 

7 $11,216,000 shall be available to fund or reimburse other 

8 Federal agencies for the costs associated with the care, 

9 maintenance, and repatriation of smuggled aliens unlaw10 fully present in the United States: Provided further, That 

11 of the funds made available under this heading, 

12 $10,000,000 shall be withheld from obligation until the 

13 second obligation and expenditure plan directed by the 

14 Committee report accompanying this Act has been sub15 mitted: Provided further, That of the funds made available 

16 under this heading for the Office of the Principal Legal 

17 Advisor, $10,000,000 shall be withheld from obligation 

18 until the Secretary submits the certifications described in 

19 section 218(b): Provided further, That of the funds made 

20 available under this heading for enforcement and removal 

21 operations, $615,898,000 shall be withheld from obliga22 tion while the ‘‘Order Under Sections 362 and 365 of the 

23 Public Health Service Act (42 U.S.C. 265, 268); Order 

24 Suspending Introduction of Certain Persons From Coun25 tries Where a Communicable Disease Exists’’ issued on 


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1 March 20, 2020, and published on March 26, 2020, in 

2 the Federal Register, remains in effect, including any ex3 tensions of such order: Provided further, That the amount 

4 in the previous proviso shall become available on a pro 

5 rata basis corresponding to the number of days remaining 

6 in the fiscal year at the time such order (or any extension 

7 of such order) is no longer in effect: Provided further, That 

8 any amount withheld from obligation as of September 20, 

9 2021 resulting from the previous two provisos, shall be 

10 transferred as an additional amount to ‘‘Coast Guard— 

11 Procurement, Construction, and Improvements’’, to be12 come available on September 20, 2021, and to remain 

13 available until September 30, 2025, for shore facilities and 

14 aids to navigation: Provided further, That the Com15 mandant of the Coast Guard shall provide a detailed plan 

16 for the use of such funds not later than 30 days prior 

17 to the obligation of such funds. 

18 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

19 For necessary expenses of U.S. Immigration and 

20 Customs Enforcement for procurement, construction, and 

21 improvements, $97,799,000, of which $24,538,000 shall 

22 remain available until September 30, 2023, and of which 

23 $73,261,000 shall remain available until September 30, 

24 2025. 


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1 TRANSPORTATION SECURITY ADMINISTRATION

2 OPERATIONS AND SUPPORT

3 For necessary expenses of the Transportation Secu4 rity Administration for operations and support, 

5 $7,927,407,000, to remain available until September 30, 

6 2022: Provided, That not to exceed $7,650 shall be for 

7 official reception and representation expenses: Provided 

8 further, That security service fees authorized under section 

9 44940 of title 49, United States Code, shall be credited 

10 to this appropriation as offsetting collections and shall be 

11 available only for aviation security: Provided further, That 

12 the sum appropriated under this heading from the general 

13 fund shall be reduced on a dollar-for-dollar basis as such 

14 offsetting collections are received during fiscal year 2021 

15 so as to result in a final fiscal year appropriation from 

16 the general fund estimated at not more than 

17 $4,987,407,000. 

18 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

19 For necessary expenses of the Transportation Secu20 rity Administration for procurement, construction, and 

21 improvements, $154,492,000, to remain available until 

22 September 30, 2023. 

23 RESEARCH AND DEVELOPMENT

24 For necessary expenses of the Transportation Secu25 rity Administration for research and development, 


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1 $29,524,000, to remain available until September 30, 

2 2022. 

3 COAST GUARD

4 OPERATIONS AND SUPPORT

5 For necessary expenses of the Coast Guard for oper6 ations and support including the Coast Guard Reserve; 

7 purchase or lease of not to exceed 25 passenger motor ve8 hicles, which shall be for replacement only; purchase or 

9 lease of small boats for contingent and emergent require10 ments (at a unit cost of not more than $700,000) and 

11 repairs and service-life replacements, not to exceed a total 

12 of $31,000,000; purchase, lease, or improvements of boats 

13 necessary for overseas deployments and activities; pay14 ments pursuant to section 156 of Public Law 97–377 (42 

15 U.S.C. 402 note; 96 Stat. 1920); and recreation and wel16 fare; $8,560,267,000, of which $555,000,000 shall be for 

17 defense-related activities, of which $215,000,000 is des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985 and shall be available only 

22 if the President subsequently so designates such amount 

23 and transmits such designation to Congress; of which 

24 $24,500,000 shall be derived from the Oil Spill Liability 

25 Trust Fund to carry out the purposes of section 


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1 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

2 2712(a)(5)); of which $5,000,000 shall remain available 

3 until September 30, 2023; and of which $21,212,000 shall 

4 remain available until September 30, 2025, for environ5 mental compliance and restoration; and of which 

6 $70,000,000 shall remain available until September 30, 

7 2022, for vessel depot level maintenance: Provided, That 

8 not to exceed $23,000 shall be for official reception and 

9 representation expenses. 

10 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

11 For necessary expenses of the Coast Guard for pro12 curement, construction, and improvements, including aids 

13 to navigation, shore facilities (including facilities at De14 partment of Defense installations used by the Coast 

15 Guard), and vessels and aircraft, including equipment re16 lated thereto, $2,158,791,000, to remain available until 

17 September 30, 2025; of which $20,000,000 shall be de18 rived from the Oil Spill Liability Trust Fund to carry out 

19 the purposes of section 1012(a)(5) of the Oil Pollution Act 

20 of 1990 (33 U.S.C. 2712(a)(5)). 

21 RESEARCH AND DEVELOPMENT

22 For necessary expenses of the Coast Guard for re23 search and development; and for maintenance, rehabilita24 tion, lease, and operation of facilities and equipment; 

25 $8,276,000, to remain available until September 30, 2023, 


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1 of which $500,000 shall be derived from the Oil Spill Li2 ability Trust Fund to carry out the purposes of section 

3 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

4 2712(a)(5)): Provided, That there may be credited to and 

5 used for the purposes of this appropriation funds received 

6 from State and local governments, other public authori7 ties, private sources, and foreign countries for expenses 

8 incurred for research, development, testing, and evalua9 tion. 

10 RETIRED PAY

11 For retired pay, including the payment of obligations 

12 otherwise chargeable to lapsed appropriations for this pur13 pose, payments under the Retired Serviceman’s Family 

14 Protection and Survivor Benefits Plans, payment for ca15 reer status bonuses, payment of continuation pay under 

16 section 356 of title 37, United States Code, concurrent 

17 receipts, combat-related special compensation, and pay18 ments for medical care of retired personnel and their de19 pendents under chapter 55 of title 10, United States Code, 

20 $1,869,704,000, to remain available until expended. 

21 UNITED STATES SECRET SERVICE

22 OPERATIONS AND SUPPORT

23 For necessary expenses of the United States Secret 

24 Service for operations and support, including purchase of 

25 not to exceed 652 vehicles for police-type use for replaceVerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669

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1 ment only; hire of passenger motor vehicles; purchase of 

2 motorcycles made in the United States; hire of aircraft; 

3 rental of buildings in the District of Columbia; fencing, 

4 lighting, guard booths, and other facilities on private or 

5 other property not in Government ownership or control, 

6 as may be necessary to perform protective functions; con7 duct of and participation in firearms matches; presen8 tation of awards; conduct of behavioral research in sup9 port of protective intelligence and operations; payment in 

10 advance for commercial accommodations as may be nec11 essary to perform protective functions; and payment, with12 out regard to section 5702 of title 5, United States Code, 

13 of subsistence expenses of employees who are on protective 

14 missions, whether at or away from their duty stations; 

15 $2,368,553,000; of which $39,763,000 shall remain avail16 able until September 30, 2022, and of which $6,000,000 

17 shall be for a grant for activities related to investigations 

18 of missing and exploited children: Provided, That not to 

19 exceed $19,125 shall be for official reception and represen20 tation expenses: Provided further, That not to exceed 

21 $100,000 shall be to provide technical assistance and 

22 equipment to foreign law enforcement organizations in 

23 criminal investigations within the jurisdiction of the 

24 United States Secret Service. 


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1 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

2 For necessary expenses of the United States Secret 

3 Service for procurement, construction, and improvements, 

4 $52,306,000, to remain available until September 30, 

5 2023. 

6 RESEARCH AND DEVELOPMENT

7 For necessary expenses of the United States Secret 

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

10 ADMINISTRATIVE PROVISIONS

11 SEC. 201. Section 201 of the Department of Home12 land Security Appropriations Act, 2018 (division F of 

13 Public Law 115–141), related to overtime compensation 

14 limitations, shall apply with respect to funds made avail15 able in this Act in the same manner as such section ap16 plied to funds made available in that Act, except that ‘‘fis17 cal year 2021’’ shall be substituted for ‘‘fiscal year 2018’’. 

18 SEC. 202. Funding made available under the head19 ings ‘‘U.S. Customs and Border Protection—Operations 

20 and Support’’ and ‘‘U.S. Customs and Border Protec21 tion—Procurement, Construction, and Improvements’’ 

22 shall be available for customs expenses when necessary to 

23 maintain operations and prevent adverse personnel actions 

24 in Puerto Rico and the U.S. Virgin Islands, in addition 


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1 to funding provided by section 740 and 1406i of title 48, 

2 United States Code. 

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

4 United States-Colombia Trade Promotion Agreement Im5 plementation Act (Public Law 112–42), fees collected 

6 from passengers arriving from Canada, Mexico, or an ad7 jacent island pursuant to section 13031(a)(5) of the Con8 solidated Omnibus Budget Reconciliation Act of 1985 (19 

9 U.S.C. 58c(a)(5)) shall be available until expended. 

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

11 Customs and Border Protection—Operations and Sup12 port’’, $31,000,000, to remain available until expended, 

13 to be reduced by amounts collected and credited to this 

14 appropriation in fiscal year 2021 from amounts authorized 

15 to be collected by section 286(i) of the Immigration and 

16 Nationality Act (8 U.S.C. 1356(i)), section 10412 of the 

17 Farm Security and Rural Investment Act of 2002 (7 

18 U.S.C. 8311), and section 817 of the Trade Facilitation 

19 and Trade Enforcement Act of 2015 (Public Law 114– 

20 25), or other such authorizing language. 

21 (b) To the extent that amounts realized from such 

22 collections exceed $31,000,000, those amounts in excess 

23 of $31,000,000 shall be credited to this appropriation, to 

24 remain available until expended. 


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

2 Act for U.S. Customs and Border Protection may be used 

3 to prevent an individual not in the business of importing 

4 a prescription drug (within the meaning of section 801(g) 

5 of the Federal Food, Drug, and Cosmetic Act) from im6 porting a prescription drug from Canada that complies 

7 with the Federal Food, Drug, and Cosmetic Act: Provided, 

8 That this section shall apply only to individuals trans9 porting on their person a personal-use quantity of the pre10 scription drug, not to exceed a 90-day supply: Provided 

11 further, That the prescription drug may not be— 

12 (1) a controlled substance, as defined in section 

13 102 of the Controlled Substances Act (21 U.S.C. 

14 802); or 

15 (2) a biological product, as defined in section 

16 351 of the Public Health Service Act (42 U.S.C. 

17 262). 

18 SEC. 206. Notwithstanding any other provision of 

19 law, none of the funds provided in this or any other Act 

20 shall be used to approve a waiver of the navigation and 

21 vessel-inspection laws pursuant to section 501(b) of title 

22 46, United States Code, for the transportation of crude 

23 oil distributed from and to the Strategic Petroleum Re24 serve until the Secretary of Homeland Security, after con25 sultation with the Secretaries of the Departments of EnVerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669

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1 ergy and Transportation and representatives from the 

2 United States flag maritime industry, takes adequate 

3 measures to ensure the use of United States flag vessels: 

4 Provided, That the Secretary shall notify the Committees 

5 on Appropriations of the Senate and the House of Rep6 resentatives, the Committee on Commerce, Science, and 

7 Transportation of the Senate, and the Committee on 

8 Transportation and Infrastructure of the House of Rep9 resentatives within 2 business days of any request for 

10 waivers of navigation and vessel-inspection laws pursuant 

11 to section 501(b) of title 46, United States Code, with re12 spect to such transportation, and the disposition of such 

13 requests. 

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

15 of this Act, the Secretary of Homeland Security shall 

16 not— 

17 (1) establish, collect, or otherwise impose any 

18 new border crossing fee on individuals crossing the 

19 Southern border or the Northern border at a land 

20 port of entry; or 

21 (2) conduct any study relating to the imposition 

22 of a border crossing fee. 

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

24 means a fee that every pedestrian, cyclist, and driver and 

25 passenger of a private motor vehicle is required to pay 


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1 for the privilege of crossing the Southern border or the 

2 Northern border at a land port of entry. 

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

4 enactment of this Act, the Secretary of Homeland Security 

5 shall submit an expenditure plan for any amounts made 

6 available for ‘‘U.S. Customs and Border Protection—Pro7 curement, Construction, and Improvements’’ in this Act 

8 and prior Acts to the Committees on Appropriations of 

9 the Senate and the House of Representatives: Provided, 

10 That no such amounts may be obligated prior to the sub11 mission of such plan. 

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

13 under ‘‘U.S. Customs and Border Protection—Procure14 ment, Construction, and Improvements’’, $897,547,000 

15 shall be available only as follows: 

16 (1) $593,110,000 for the acquisition and de17 ployment of border security technologies and trade 

18 and travel assets and infrastructure; 

19 (2) $127,399,000 for facility construction and 

20 improvements; 

21 (3) $124,409,000 for integrated operations as22 sets and infrastructure; and 

23 (4) $32,629,000 for mission support and infra24 structure. 


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1 (b) Not later than 180 days after the date of enact2 ment of this Act, the Secretary of Homeland Security shall 

3 submit to the Committee on Appropriations of the Senate, 

4 the Committee on Appropriations of the House of Rep5 resentatives, and the Comptroller General of the United 

6 States an updated risk-based plan for improving security 

7 along the borders of the United States that includes the 

8 elements required under subsection (a) of section 231 of 

9 division F of the Consolidated Appropriations Act, 2018 

10 (Public Law 115–141), which shall be evaluated in accord11 ance with subsection (b) of such section. 

12 SEC. 210. Federal funds may not be made available 

13 for the construction of fencing— 

14 (1) within the Santa Ana Wildlife Refuge; 

15 (2) within the Bentsen-Rio Grande Valley State 

16 Park; 

17 (3) within La Lomita Historical park; 

18 (4) within the National Butterfly Center; 

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

20 tract of the Lower Rio Grande Valley National Wild21 life Refuge; 

22 (6) within historic cemeteries; 

23 (7) within any site on the National Register of 

24 Historic Places; 


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1 (8) within any real property owned by the Sa2 cred Heart Children’s Home in Laredo, Texas; 

3 (9) within the Lower Rio Grande Valley Na4 tional Wildlife Refuge; or 

5 (10) within 1 mile of historic sites along the 

6 Los Caminos del Rio Heritage Corridor. 

7 SEC. 211. (a) Notwithstanding any other provision 

8 of law, no Federal funds may be used for the construction 

9 of physical barriers along the southern land border of the 

10 United States during fiscal year 2021. 

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

12 available for such purpose by Public Law 116–6, Public 

13 Law 115–141, Public Law 115–31, or Public Law 116- 

14 93. 

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

16 construction of physical barriers within the jurisdictional 

17 limits of a city or the geographical limits or of a census 

18 designated place described in subsection (d). 

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

20 Homeland Security has –— 

21 (1) issued a notice for public comment on the 

22 proposed construction of barriers for a comment pe23 riod of not fewer than 60 days; 

24 (2) published in the Federal Register its re25 sponses to the comments received along with its 


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1 plans for construction in the areas identified in the 

2 notice to which it is responding not later than 90 

3 days following the end of such comment period; and 

4 (3) consulted with the local elected officials of 

5 such city or place regarding the design and align6 ment of physical barriers within such city or place 

7 (as the case may be), including barriers at or adja8 cent to ports of entry. 

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

10 shall continue until September 30, 2021, unless agreement 

11 on design and alignment is reached earlier, but may be 

12 extended beyond that date by agreement of the parties. 

13 (d) The cities and census designated places described 

14 in this subsection are as follows: 

15 (1) The cities of: 

16 (A) Laredo, Texas; 

17 (B) Rio Bravo, Texas; 

18 (C) El Cenizo, Texas; 

19 (D) Zapata, Texas; 

20 (E) Roma, Texas; 

21 (F) Escobares, Texas; 

22 (G) Rio Grand City, Texas; 

23 (H) La Grulla, Texas; and 

24 (2) The census designated places of: 

25 (A) San Ygnacio, Texas; 


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1 (B) Ramiren ̃o, Texas; 

2 (C) Chapeno, Texas; 

3 (D) Salinen ̃o, Texas; 

4 (E) Fronton, Texas; and 

5 (F) Garcen ̃o, Texas. 

6 SEC. 213. None of the funds provided under the 

7 heading ‘‘U.S. Immigration and Customs Enforcement— 

8 Operations and Support’’ may be used to continue a dele9 gation of law enforcement authority authorized under sec10 tion 287(g) of the Immigration and Nationality Act (8 

11 U.S.C. 1357(g)) if the Department of Homeland Security 

12 Inspector General or the U.S. Government Accountability 

13 Office determines that the terms of the agreement gov14 erning the delegation of authority have been materially 

15 violated. 

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

17 heading ‘‘U.S. Immigration and Customs Enforcement— 

18 Operations and Support’’ may be used to continue any 

19 contract for the provision of detention services if the two 

20 most recent overall performance evaluations received by 

21 the contracted facility are less than ‘‘adequate’’ or the 

22 equivalent median score in any subsequent performance 

23 evaluation system. 

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

25 performance evaluations referenced in subsection (a) shall 


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

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

4 in detention, remove, refer for a decision whether to ini5 tiate removal proceedings, or initiate removal proceedings 

6 against any individual— 

7 (1) who provides or has provided information to 

8 a federal employee or contractor related to facili9 tating the sponsorship of an unaccompanied alien 

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

11 Security Act of 2002 (6 U.S.C. 279(g))) or the re12 unification of such child with a family member; or 

13 (2) based on information gathered in therapy 

14 sessions conducted while in the custody of the Office 

15 of Refugee Resettlement. 

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

17 enactment of this Act, the Director of U.S. Immigration 

18 and Customs Enforcement shall submit to the Committees 

19 on Appropriations of the Senate and the House of Rep20 resentatives, and make available on a publicly accessible 

21 website, a report describing agreements pursuant to sec22 tion 287(g) of the Immigration and Nationality Act (8 

23 U.S.C. 1357(g)) which shall include — 

24 (1) detailed information relating to the commu25 nity outreach activities of each participating jurisdicVerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669

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1 tion pursuant to such agreement, including the 

2 membership and activities of any community-based 

3 steering committee established by such jurisdiction; 

4 (2) the number of individuals placed into re5 moval proceedings pursuant to each such agreement; 

6 (3) data on the performance of the officers or 

7 employees of a State or political subdivision thereof 

8 under each such agreement, including the nationality 

9 and level of criminality of the individuals described 

10 in paragraph (2); and 

11 (4) information relating to any future plans to 

12 increase the number of such agreements or expand 

13 the scope of such agreements through the introduc14 tion of new operations pursuant to such section. 

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

16 enactment of this Act and updated semimonthly there17 after, the Director of U.S. Immigration and Customs En18 forcement shall make available a report, on a publicly ac19 cessible website in a downloadable, searchable, and sort20 able format, with not less than the previous twelve months 

21 of semimonthly data as of the last date of each such re22 porting period; on— 

23 (1) aliens detained by such agency, including 

24 data disaggregated by single adults and members of 


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1 family units, as well as by whether the individual 

2 self-identifies as transgender, on— 

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

4 populations of aliens detained; 

5 (B) the daily count of aliens detained; 

6 (C) the fiscal year-to-date total for book7 ins; 

8 (D) the average lengths of stay, including 

9 average post-determination length of stay in the 

10 case of detainees described in subparagraph 

11 (F); 

12 (E) the number transferred to the custody 

13 of U.S. Immigration and Customs Enforcement 

14 by U.S. Customs and Border Protection after 

15 being— 

16 (i) deemed inadmissible at a port of 

17 entry or after being apprehended within 14 

18 days of entering the United States; or 

19 (ii) arrested by U.S. Immigration and 

20 Customs Enforcement; 

21 (F) the number determined to have a cred22 ible or reasonable fear of— 

23 (i) persecution, as defined in section 

24 235(b)(1)(B)(v) of the Immigration and 

25 Nationality Act; or 


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1 (ii) torture, as defined in section 

2 208.30 of title 8, Code of Federal Regula3 tions (as in effect on January 1, 2018); 

4 (G) the number who have been issued a 

5 Notice to Appear pursuant to section 239 of the 

6 Immigration and Nationality Act, disaggregated 

7 by single adults and members of family units; 

8 (H) the average lengths of stay, including 

9 average post-determination length of stay in the 

10 case of detainees described in subparagraph 

11 (F), for individuals who remain in detention as 

12 of the last date of each such reporting period; 

13 and 

14 (I) the number who have been in detention, 

15 disaggregated by the number of detainees de16 scribed in subparagraph (F), for each of the 

17 following— 

18 (i) over two years; 

19 (ii) from over one year to two years; 

20 (iii) from over six months to one year; 

21 and 

22 (iv) for less than six months; 

23 (2) the total number of enrollees in the Alter24 natives to Detention program and the average length 

25 of participation, disaggregated by— 


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1 (A) single adults and family heads of 

2 household; 

3 (B) participants in the family case man4 agement program; 

5 (C) level of supervision; and 

6 (D) location of supervision, by field office; 

7 (3) for each facility where aliens are detained 

8 by U.S. Immigration and Customs Enforcement— 

9 (A) the address; 

10 (B) the field offices that assign detainees 

11 to the facility; 

12 (C) the detailed facility type, as defined in 

13 the integrated decision support system; 

14 (D) the gender of aliens detained; 

15 (E) the average daily population of detain16 ees within each detainee classification level, as 

17 defined in the integrated decision support sys18 tem; 

19 (F) the average daily population of individ20 uals within each threat level, as defined in the 

21 integrated decision support system; 

22 (G) the average daily population within 

23 each criminality category, as defined in the in24 tegrated decision support system, disaggregated 

25 by gender; 


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1 (H) the average length of stay; 

2 (I) the average daily population of individ3 uals whose detention is classified as mandatory; 

4 (J) the performance standards to which 

5 the facility is held; 

6 (K) the date of the two most recent inspec7 tions, the entity that performed each inspection, 

8 and a detailed summary of the results of such 

9 inspections; and 

10 (L) the guaranteed minimum detention ca11 pacity, if applicable; and 

12 (4) the total number of releases from custody, 

13 by condition of release, and total number of remov14 als, disaggregated by adult facilities and family fa15 cilities. 

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

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

19 (1) ensure that individuals who are placed in 

20 proceedings under section 240 of the Immigration 

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

22 (A) unimpaired access to legal counsel, in23 cluding prospective legal counsel; 


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1 (B) opportunities for prospective pro-bono 

2 legal counsel to be accessible to such individ3 uals; and 

4 (C) meaningful opportunities to consult 

5 with legal counsel prior to required appearances 

6 for such proceedings; and 

7 (2) implement a program to conduct a Know 

8 Your Rights presentation for all individuals who 

9 are— 

10 (A) presenting for immigration hearings at 

11 land ports of entry; and 

12 (B) placed into expedited removal pro13 ceedings under section 235 of the Immigration 

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

15 indicate an intention to apply for asylum or a 

16 fear of persecution. 

17 (b) Not later than 30 days after the date of enact18 ment of this Act, the Secretary and the Director of the 

19 Office of Civil Rights and Civil Liberties shall each certify 

20 to the Committees on Appropriations of the Senate and 

21 the House of Representatives as to whether the require22 ments under subsection (a) have been satisfied. 

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

24 Immigration and Nationality Act (8 U.S.C. 1226(c)), no 

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1 land Security to detain an individual for more than 20 

2 days unless such individual is determined by the Director 

3 of U.S. Immigration and Customs Enforcement, following 

4 an individualized assessment, to pose a threat to public 

5 safety or to be a flight risk. 

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

7 transgender— 

8 (1) the assessment described in subsection (a) 

9 shall require the concurrence of the Immigration De10 tention Ombudsman; and 

11 (2) the maximum period of detention described 

12 in subsection (a) may not exceed 5 days. 

13 (c) Notwithstanding subsections (a) and (b), no Fed14 eral funds may be obligated to detain an individual who 

15 self-identifies as transgender in any facility that is not 

16 contractually obligated to meet, at a minimum, the re17 quirements described in Attachment 1 of the June 19, 

18 2015, U.S. Immigration and Customs Enforcement 

19 memorandum entitled, ‘‘Further Guidance Regarding the 

20 Care of Transgender Individuals’’ unless such individual 

21 declines placement in such a facility after being informed 

22 of the opportunity to do so. 

23 (d) Not later than 30 days after the date of enact24 ment of this Act, the Director shall provide the Commit25 tees on Appropriations of the Senate and the House of 


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

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

4 heading ‘‘U.S. Immigration and Customs Enforcement— 

5 Operations and Support’’ may be used to engage in civil 

6 immigration enforcement activities, such as arrests, deten7 tions, removals, or the processing or issuance of charging 

8 documents, using Homeland Security Investigations per9 sonnel or resources absent probable cause that the indi10 vidual facing such enforcement action has committed a 

11 criminal offense not solely related to migration or immi12 gration status. 

13 (b) For purposes of this section, criminal offenses 

14 solely related to migration or immigration status include 

15 any offense for which penalties may be imposed pursuant 

16 to sections 243, 264, 266(a) or (b), 275, or 276 of the 

17 Immigration and Nationality Act. 

18 SEC. 221. No Federal funds may be used for the de19 tention or removal of any alien until there is a final denial 

20 of the alien’s application for status after the exhaustion 

21 of administrative and judicial review, if such individual— 

22 (1) has a pending application under section 

23 101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 

24 244(a)(3) (as in effect on March 31, 1997) of the 

25 Immigration and Nationality Act; or 


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1 (2) is a VAWA self-petitioner, as defined in sec2 tion 101(a)(51) of the Immigration and Nationality 

3 Act, with a pending application for relief under a 

4 provision referred to in one of subparagraphs (A) 

5 through (G) of such section, or section 

6 101(a)(27)(J) of such Act. 

7 SEC. 222. Members of the United States House of 

8 Representatives and the United States Senate, including 

9 the leadership; the heads of Federal agencies and commis10 sions, including the Secretary, Deputy Secretary, Under 

11 Secretaries, and Assistant Secretaries of the Department 

12 of Homeland Security; the United States Attorney Gen13 eral, Deputy Attorney General, Assistant Attorneys Gen14 eral, and the United States Attorneys; and senior mem15 bers of the Executive Office of the President, including 

16 the Director of the Office of Management and Budget, 

17 shall not be exempt from Federal passenger and baggage 

18 screening. 

19 SEC. 223. Any award by the Transportation Security 

20 Administration to deploy explosives detection systems 

21 shall be based on risk, the airport’s current reliance on 

22 other screening solutions, lobby congestion resulting in in23 creased security concerns, high injury rates, airport readi24 ness, and increased cost effectiveness. 


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1 SEC. 224. Notwithstanding section 44923 of title 49, 

2 United States Code, for fiscal year 2020, any funds in 

3 the Aviation Security Capital Fund established by section 

4 44923(h) of title 49, United States Code, may be used 

5 for the procurement and installation of explosives detec6 tion systems or for the issuance of other transaction agree7 ments for the purpose of funding projects described in sec8 tion 44923(a) of such title. 

9 SEC. 225. Not later than 30 days after the submis10 sion of the President’s budget proposal, the Administrator 

11 of the Transportation Security Administration shall sub12 mit to the Committees on Appropriations and Commerce, 

13 Science, and Transportation of the Senate and the Com14 mittees on Appropriations and Homeland Security in the 

15 House of Representatives a single report that fulfills the 

16 following requirements: 

17 (1) a Capital Investment Plan (CIP) that in18 cludes a plan for continuous and sustained capital 

19 investment in new, and the replacement of aged, 

20 transportation security equipment; 

21 (2) the 5-year technology investment plan as re22 quired by section 1611 of title XVI of the Homeland 

23 Security Act of 2002, as amended by section 3 of 

24 the Transportation Security Acquisition Reform Act 

25 (Public Law 113–245); and 


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1 (3) the Advanced Integrated Passenger Screen2 ing Technologies report as required by the Senate 

3 Report accompanying the Department of Homeland 

4 Security Appropriations Act, 2019 (Senate Report 

5 115–283). 

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

7 116-6 (49 U.S.C. 44901 note; relating to a pilot program 

8 for screening outside of an existing primary passenger ter9 minal screening area) is amended in subsection (e) by 

10 striking ‘‘2021’’ and inserting ‘‘2023’’. 

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

12 Act under the heading ‘‘Coast Guard—Operations and 

13 Support’’ shall be for expenses incurred for recreational 

14 vessels under section 12114 of title 46, United States 

15 Code, except to the extent fees are collected from owners 

16 of yachts and credited to the appropriation made available 

17 by this Act under the heading ‘‘Coast Guard—Operations 

18 and Support’’: Provided, That to the extent such fees are 

19 insufficient to pay expenses of recreational vessel docu20 mentation under such section 12114, and there is a back21 log of recreational vessel applications, personnel per22 forming non-recreational vessel documentation functions 

23 under subchapter II of chapter 121 of title 46, United 

24 States Code, may perform documentation under section 

25 12114. 


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

2 up to $10,000,000 may be reprogrammed to or from the 

3 Military Pay and Allowances funding category within 

4 ‘‘Coast Guard—Operations and Support’’ if the Secretary 

5 notifies the Committees on Appropriations of the Senate 

6 and the House of Representatives not less than 15 days 

7 in advance of such reprogramming. 

8 SEC. 229. Notwithstanding any other provision of 

9 law, the Commandant of the Coast Guard shall submit 

10 to the Committees on Appropriations of the Senate and 

11 the House of Representatives a future-years capital invest12 ment plan as described in the second proviso under the 

13 heading ‘‘Coast Guard—Acquisition, Construction, and 

14 Improvements’’ in the Department of Homeland Security 

15 Appropriations Act, 2015 (Public Law 114–4), which shall 

16 be subject to the requirements in the third and fourth pro17 visos under such heading. 

18 SEC. 230. Funds made available for Overseas Contin19 gency Operations/Global War on Terrorism under the 

20 heading ‘‘Coast Guard—Operations and Support’’ may be 

21 allocated by program, project, and activity, notwith22 standing section 503 of this Act. 

23 SEC. 231. Amounts deposited into the Coast Guard 

24 Housing Fund in fiscal year 2021 shall be available until 

25 expended to carry out the purposes of section 2946 of title 


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1 14, United States Code, and shall be in addition to funds 

2 otherwise available for such purposes. 

3 SEC. 232. The United States Secret Service is au4 thorized to obligate funds in anticipation of reimburse5 ments from executive agencies, as defined in section 105 

6 of title 5, United States Code, for personnel receiving 

7 training sponsored by the James J. Rowley Training Cen8 ter, except that total obligations at the end of the fiscal 

9 year shall not exceed total budgetary resources available 

10 under the heading ‘‘United States Secret Service—Oper11 ations and Support’’ at the end of the fiscal year. 

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

13 United States Secret Service by this Act or by previous 

14 appropriations Acts may be made available for the protec15 tion of the head of a Federal agency other than the Sec16 retary of Homeland Security: Provided, That the Director 

17 of the United States Secret Service may enter into agree18 ments to provide such protection on a fully reimbursable 

19 basis. 

20 SEC. 234. Notwithstanding section 503 of this Act, 

21 up to $15,000,000 may be reprogrammed within ‘‘United 

22 States Secret Service—Operations and Support’’ if the 

23 Secretary notifies the Committees on Appropriations of 

24 the Senate and the House of Representatives not less than 

25 15 days in advance of such reprogramming. 


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1 SEC. 235. Funding made available in this Act for 

2 ‘‘United States Secret Service—Operations and Support’’ 

3 is available for travel of United States Secret Service em4 ployees on protective missions without regard to the limi5 tations on such expenditures in this or any other Act if 

6 the Director of the United States Secret Service or a des7 ignee notifies the Committees on Appropriations of the 

8 Senate and the House of Representatives 10 or more days 

9 in advance, or as early as practicable, prior to such ex10 penditures. 

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

12 of enactment of this Act and updated semi-monthly there13 after, the Secretary shall make available a report on a 

14 publicly accessible website in a downloadable, searchable, 

15 and sortable format that includes not less than the pre16 vious 12 months of data, as of the last date of each such 

17 reporting period, on all requests to any law enforcement 

18 component of the Department of Homeland Security for 

19 law enforcement support in the form of personnel, aircraft, 

20 equipment, or any other assets, which shall include each 

21 of the following for each requesting entity: 

22 (1) The name of the entity; 

23 (2) The purposes for which support is re24 quested; 


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1 (3) The numbers of personnel and the cat2 egories and numbers of assets requested; 

3 (4) The duration of the requested support; 

4 (5) Whether the requested support was pro5 vided; 

6 (6) The departmental official who approved pro7 viding such support; 

8 (7) The dates and descriptions of any support 

9 provided; 

10 (8) The cost of providing such support; and 

11 (9) Whether the support is subject to reim12 bursement by the requesting entity. 

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

14 apply to requests from— 

15 (1) Non-Federal law enforcement components; 

16 and 

17 (2) Federal law enforcement entities, including 

18 other such entities of the Department of Homeland 

19 Security. 

20 SEC. 237. No Federal funds may be made available 

21 to modify or revoke the U.S. Immigration and Customs 

22 Enforcement guidance entitled ‘‘COVID-19: Guidance for 

23 SEVP Stakeholders’’, issued March 13, 2020, with respect 

24 to the maintenance of or eligibility for a nonimmigrant 

25 status, including an application for nonimmigrant status 


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1 under subparagraph (F) or (M) of section 101(a)(15) of 

2 the Immigration and Nationality Act (8 U.S.C. 

3 1101(a)(15)). 

4 SEC. 238. None of the amounts appropriated or oth5 erwise made available by this Act to U.S. Immigrations 

6 and Customs Enforcement for enforcement and removal 

7 operations may be made available to operate a citizen 

8 academy program. 

9 SEC. 239. (a) Upon receipt of a written request by 

10 a relevant committee for an investigative report relating 

11 to an alien beneficiary of a private bill that has been intro12 duced in the Senate or the House of Representatives, the 

13 Secretary of Homeland Security shall immediately stay the 

14 removal of such alien, and such stay of removal shall re15 main in effect until the earlier of— 

16 (1) March 15 of the congressional term that 

17 commences after the term in which the private bill 

18 is introduced; or 

19 (2) the date that the relevant committee noti20 fies the Secretary of Homeland Security that the bill 

21 is no longer under consideration. 

22 (b) For purposes of subsection (a), the term ‘‘relevant 

23 committee’’ means— 

24 (1) the Committee on the Judiciary of the 

25 House of Representatives; 


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1 (2) the Committee on the Judiciary of the Sen2 ate; or 

3 (3) a subcommittee of a committee identified in 

4 paragraph (1) or (2) with jurisdiction over private 

5 legislation. 

6 (c) This section shall take effect on the date of the 

7 enactment of this Act and shall apply to any alien bene8 ficiary of a private bill for whom an investigative report 

9 was requested on or after January 3, 2019. 

10 TITLE III 

11 PROTECTION, PREPAREDNESS, RESPONSE, AND 

12 RECOVERY 

13 CYBERSECURITY AND INFRASTRUCTURE SECURITY

14 AGENCY

15 OPERATIONS AND SUPPORT

16 For necessary expenses of the Cybersecurity and In17 frastructure Security Agency for operations and support, 

18 $1,843,891,000, of which $27,849,000 shall remain avail19 able until September 30, 2022: Provided, That not to ex20 ceed $3,825 shall be for official reception and representa21 tion expenses. 

22 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

23 For necessary expenses of the Cybersecurity and In24 frastructure Security Agency for procurement, construcVerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669

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1 tion, and improvements, $396,425,000, to remain avail2 able until September 30, 2023. 

3 RESEARCH AND DEVELOPMENT

4 For necessary expenses of the Cybersecurity and In5 frastructure Security Agency for research and develop6 ment, $14,431,000, to remain available until September 

7 30, 2022. 

8 FEDERAL EMERGENCY MANAGEMENT AGENCY

9 OPERATIONS AND SUPPORT

10 For necessary expenses of the Federal Emergency 

11 Management Agency for operations and support, 

12 $1,155,750,000: Provided, That not to exceed $2,250 

13 shall be for official reception and representation expenses. 

14 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

15 For necessary expenses of the Federal Emergency 

16 Management Agency for procurement, construction, and 

17 improvements, $122,353,000, of which $61,237,000 shall 

18 remain available until September 30, 2023, and of which 

19 $61,116,000 shall remain available until September 30, 

20 2025. 

21 FEDERAL ASSISTANCE

22 For activities of the Federal Emergency Management 

23 Agency for Federal assistance through grants, contracts, 

24 cooperative agreements, and other activities, 

25 $3,662,369,000, which shall be allocated as follows: 


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1 (1) $700,000,000 for the State Homeland Secu2 rity Grant Program under section 2004 of the 

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

4 which $90,000,000 shall be for Operation 

5 Stonegarden, $15,000,000 shall be for Tribal Home6 land Security Grants under section 2005 of the 

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

8 $180,000,000 shall be for organizations (as de9 scribed under section 501(c)(3) of the Internal Rev10 enue Code of 1986 and exempt from tax under sec11 tion 501(a) of such code) determined by the Sec12 retary of Homeland Security to be at high risk of a 

13 terrorist attack: Provided, That notwithstanding 

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

15 year 2021, the Commonwealth of Puerto Rico shall 

16 make available to local and tribal governments 

17 amounts provided to the Commonwealth of Puerto 

18 Rico under this paragraph in accordance with sub19 section (c)(1) of such section 2004. 

20 (2) $795,000,000 for the Urban Area Security 

21 Initiative under section 2003 of the Homeland Secu22 rity Act of 2002 (6 U.S.C. 604), of which 

23 $180,000,000 shall be for organizations (as de24 scribed under section 501(c)(3) of the Internal Rev25 enue Code of 1986 and exempt from tax under secVerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669

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1 tion 501(a) of such code) determined by the Sec2 retary of Homeland Security to be at high risk of a 

3 terrorist attack. 

4 (3) $110,000,000 for Public Transportation Se5 curity Assistance, Railroad Security Assistance, and 

6 Over-the-Road Bus Security Assistance under sec7 tions 1406, 1513, and 1532 of the Implementing 

8 Recommendations of the 9/11 Commission Act of 

9 2007 (6 U.S.C. 1135, 1163, and 1182), of which 

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

11 $3,000,000 shall be for Over-the-Road Bus Security: 

12 Provided, That such public transportation security 

13 assistance shall be provided directly to public trans14 portation agencies. 

15 (4) $110,000,000 for Port Security Grants in 

16 accordance with section 70107 of title 46, United 

17 States Code. 

18 (5) $770,000,000, to remain available until 

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

20 for Assistance to Firefighter Grants and 

21 $385,000,000 shall be for Staffing for Adequate 

22 Fire and Emergency Response Grants under sec23 tions 33 and 34 respectively of the Federal Fire Pre24 vention and Control Act of 1974 (15 U.S.C. 2229 

25 and 2229a). 


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1 (6) $385,000,000 for emergency management 

2 performance grants under the National Flood Insur3 ance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob4 ert T. Stafford Disaster Relief and Emergency As5 sistance Act (42 U.S.C. 5121), the Earthquake Haz6 ards Reduction Act of 1977 (42 U.S.C. 7701), sec7 tion 762 of title 6, United States Code, and Reorga8 nization Plan No. 3 of 1978 (5 U.S.C. App.). 

9 (7) $263,000,000 for necessary expenses for 

10 Flood Hazard Mapping and Risk Analysis, in addi11 tion to and to supplement any other sums appro12 priated under the National Flood Insurance Fund, 

13 and such additional sums as may be provided by 

14 States or other political subdivisions for cost-shared 

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

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

17 4101(f)(2)), to remain available until expended. 

18 (8) $150,000,000 for the emergency food and 

19 shelter program under title III of the McKinney20 Vento Homeless Assistance Act (42 U.S.C. 11331), 

21 to remain available until expended: Provided, That 

22 not to exceed 3.5 percent shall be for total adminis23 trative costs. 

24 (9) $75,000,000 for Alternatives to Detention 

25 Case Management, to remain available until exVerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669

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1 pended: Provided, That such funding shall be award2 ed to nonprofit organizations and local governments 

3 and administered by a National Board for the pur4 poses of providing case management services to any 

5 consenting individual enrolled into the U.S. Immi6 gration and Customs Enforcement Alternatives to 

7 Detention program, including but not limited to: 

8 mental health services; human and sex trafficking 

9 screening; legal orientation programs; cultural ori10 entation programs; connections to social services; 

11 and for individuals who will be removed, reintegra12 tion services: Provided further, That not to exceed 

13 3.5 percent shall be for total administrative costs. 

14 (10) $20,000,000 for Targeted Violence and 

15 Terrorism Prevention grants. 

16 (11) $284,369,000 to sustain current oper17 ations for training, exercises, technical assistance, 

18 and other programs. 

19 DISASTER RELIEF FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses in carrying out the Robert 

22 T. Stafford Disaster Relief and Emergency Assistance Act 

23 (42 U.S.C. 5121 et seq.), $5,653,366,000, to remain avail24 able until expended: Provided, That of the amount pro25 vided under this heading, $5,059,949,000 shall be for 


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1 major disasters declared pursuant to the Robert T. Staf2 ford Disaster Relief and Emergency Assistance Act (42 

3 U.S.C. 5121 et seq.) and is designated by the Congress 

4 as being for disaster relief pursuant to section 

5 251(b)(2)(D) of the Balanced Budget and Emergency 

6 Deficit Control Act of 1985: Provided further, That of the 

7 amount in the preceding proviso, $200,000,000 may be 

8 transferred to the Disaster Assistance Direct Loan Pro9 gram Account for the cost of direct loans as authorized 

10 under section 417 of the Robert T. Stafford Disaster Re11 lief and Emergency Assistance Act (42 U.S.C. 5184), in12 cluding loans issued pursuant to section 312 of this Act 

13 and loan cancellations provided for in this title, of which 

14 $3,000,000 is for administrative expenses. 

15 NATIONAL FLOOD INSURANCE FUND

16 For activities under the National Flood Insurance 

17 Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster 

18 Protection Act of 1973 (42 U.S.C. 4001 et seq.), the 

19 Biggert-Waters Flood Insurance Reform Act of 2012 

20 (Public Law 112–141, 126 Stat. 916), and the Home21 owner Flood Insurance Affordability Act of 2014 (Public 

22 Law 113–89; 128 Stat. 1020), $204,412,000, to remain 

23 available until September 30, 2022, which shall be derived 

24 from offsetting amounts collected under section 1308(d) 

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


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1 4015(d)); of which $13,906,000 shall be available for mis2 sion support associated with flood management; and of 

3 which $190,506,000 shall be available for flood plain man4 agement and flood mapping: Provided, That any addi5 tional fees collected pursuant to section 1308(d) of the 

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

7 4015(d)) shall be credited as offsetting collections to this 

8 account, to be available for flood plain management and 

9 flood mapping: Provided further, That in fiscal year 2021, 

10 no funds shall be available from the National Flood Insur11 ance Fund under section 1310 of the National Flood In12 surance Act of 1968 (42 U.S.C. 4017) in excess of— 

13 (1) $189,021,000 for operating expenses and 

14 salaries and expenses associated with flood insurance 

15 operations; 

16 (2) $1,156,000,000 for commissions and taxes 

17 of agents; 

18 (3) such sums as are necessary for interest on 

19 Treasury borrowings; and 

20 (4) $175,000,000, which shall remain available 

21 until expended, for flood mitigation actions and for 

22 flood mitigation assistance under section 1366 of the 

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

24 4104c), notwithstanding sections 1366(e) and 

25 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): 


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1 Provided further, That the amounts collected under section 

2 102 of the Flood Disaster Protection Act of 1973 (42 

3 U.S.C. 4012a) and section 1366(e) of the National Flood 

4 Insurance Act of 1968 (42 U.S.C. 4104c(e)), shall be de5 posited in the National Flood Insurance Fund to supple6 ment other amounts specified as available for section 1366 

7 of the National Flood Insurance Act of 1968, notwith8 standing section 102(f)(8), section 1366(e) of the National 

9 Flood Insurance Act of 1968, and paragraphs (1) through 

10 (3) of section 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 

11 4104c(e), 4104d(b)(1)–(3)): Provided further, That total 

12 administrative costs shall not exceed 4 percent of the total 

13 appropriation: Provided further, That up to $5,000,000 is 

14 available to carry out section 24 of the Homeowner Flood 

15 Insurance Affordability Act of 2014 (42 U.S.C. 4033). 

16 ADMINISTRATIVE PROVISIONS

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

18 the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) 

19 or any other provision of law, not more than 5 percent 

20 of the amount of a grant made available in paragraphs 

21 (1) through (4) under ‘‘Federal Emergency Management 

22 Agency—Federal Assistance’’, may be used by the grantee 

23 for expenses directly related to administration of the 

24 grant. 


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1 SEC. 302. Applications for grants under the heading 

2 ‘‘Federal Emergency Management Agency—Federal As3 sistance’’, for paragraphs (1) through (4), shall be made 

4 available to eligible applicants not later than 60 days after 

5 the date of enactment of this Act, eligible applicants shall 

6 submit applications not later than 80 days after the grant 

7 announcement, and the Administrator of the Federal 

8 Emergency Management Agency shall act within 65 days 

9 after the receipt of an application. 

10 SEC. 303. Under the heading ‘‘Federal Emergency 

11 Management Agency—Federal Assistance’’, for grants 

12 under paragraphs (1) through (4), the Administrator of 

13 the Federal Emergency Management Agency shall brief 

14 the Committees on Appropriations of the Senate and the 

15 House of Representatives 5 full business days in advance 

16 of announcing publicly the intention of making an award. 

17 SEC. 304. Under the heading ‘‘Federal Emergency 

18 Management Agency—Federal Assistance’’, for grants 

19 under paragraphs (1) and (2), the installation of commu20 nications towers is not considered construction of a build21 ing or other physical facility. 

22 SEC. 305. The reporting requirements in paragraphs 

23 (1) and (2) under the heading ‘‘Federal Emergency Man24 agement Agency—Disaster Relief Fund’’ in the Depart25 ment of Homeland Security Appropriations Act, 2015 


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1 (Public Law 114–4) shall be applied in fiscal year 2021 

2 with respect to budget year 2022 and current fiscal year 

3 2021, respectively— 

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

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

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

7 after ‘‘fifth’’. 

8 SEC. 306. In making grants under the heading ‘‘Fed9 eral Emergency Management Agency—Federal Assist10 ance’’, for Staffing for Adequate Fire and Emergency Re11 sponse grants, the Administrator of the Federal Emer12 gency Management Agency shall grant waivers from the 

13 requirements in subsections (a)(1)(A), (a)(1)(B), 

14 (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the 

15 Federal Fire Prevention and Control Act of 1974 (15 

16 U.S.C. 2229a). 

17 SEC. 307. The aggregate charges assessed during fis18 cal year 2021, as authorized in title III of the Depart19 ments of Veterans Affairs and Housing and Urban Devel20 opment, and Independent Agencies Appropriations Act, 

21 1999 (42 U.S.C. 5196e), shall not be less than 100 per22 cent of the amounts anticipated by the Department of 

23 Homeland Security to be necessary for its Radiological 

24 Emergency Preparedness Program for the next fiscal year: 

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1 tion of fees shall be fair and equitable and shall reflect 

2 costs of providing such services, including administrative 

3 costs of collecting such fees: Provided further, That such 

4 fees shall be deposited in a Radiological Emergency Pre5 paredness Program account as offsetting collections and 

6 will become available for authorized purposes on October 

7 1, 2021, and remain available until expended. 

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

9 any prior Act for activities funded by National Predisaster 

10 Mitigation Fund under section 203 of the Robert T Staf11 ford Disaster Relief and Emergency Assistance Act (42 

12 USC 5133)(as in effect on the day before the date of en13 actment of section 1234 of division D of Public Law 115- 

14 254) may be transferred to and merged for all purposes 

15 with the funds set aside pursuant to subsection (i)(1) of 

16 section 203 of the Robert T. Stafford Disaster Relief and 

17 Emergency Assistance Act, (42 USC 5133) as in effect 

18 on the date of the enactment of this section. 

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

20 occur until the Administrator of the Federal Emergency 

21 Management Agency submits to the Committees on Ap22 propriations of the Senate and the House of Representa23 tives a plan for the obligation of funds pursuant to such 

24 subsection (i)(1), including the criteria to be used for 


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1 awarding grants and a process for tracking the obligation 

2 of such transferred funds. 

3 SEC. 309. In making grants under the heading ‘‘Fed4 eral Emergency Management Agency—Federal Assist5 ance’’, for Assistance to Firefighter Grants, the Adminis6 trator of the Federal Emergency Management Agency 

7 shall waive subsection (k) of section 33 of the Federal Fire 

8 Prevention and Control Act of 1974 (15 USC 2229). 

9 SEC. 310. Funds made available under the heading 

10 ‘‘Cybersecurity and Infrastructure Security Agency—Op11 erations and Support’’ may be made available for the nec12 essary expenses of carrying out the competition specified 

13 in section 2(e) of Executive Order No. 13870 (May 2, 

14 2019), including the provision of monetary and non-mone15 tary awards for Federal civilian employees and members 

16 of the uniformed services, the necessary expenses for the 

17 honorary recognition of any award recipients, and activi18 ties to encourage participation in the competition, includ19 ing promotional items: Provided, That any awards made 

20 pursuant to this section shall be of the same type and 

21 amount as those authorized under sections 4501 through 

22 4505 of title 5, United States Code. 

23 SEC. 311. The Administrator of the Federal Emer24 gency Management Agency shall reconsider any re-sub25 mission of a request for assistance under section 408 of 


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1 the Robert T. Stafford Disaster Relief and Emergency As2 sistance Act (42 U.S.C. 5174) related to the removal of 

3 debris from an owner-occupied private residence or prop4 erty for a major disaster declared by the President in ac5 cordance with such Act on or after May 1, 2018, and be6 fore September 30, 2020, as if such submission were made 

7 within the time limit in section 206.40(d) of title 44, Code 

8 of Federal Regulations. 

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

10 pursuant to the Robert T. Stafford Disaster Relief and 

11 Emergency Assistance Act (42 U.S.C. 5170), a territory 

12 or possession of the United States shall be deemed to be 

13 a local government for purposes of section 417 of such 

14 Act (42 U.S.C. 5184) and section 206.361(a) of title 44, 

15 Code of Federal Regulations. 

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

17 Code of Federal Regulations, the President may provide 

18 a loan until the last day of the fiscal year that is 3 fiscal 

19 years after the fiscal year in which the natural disaster 

20 described in such subsection occurs. 

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

22 section 206.361(b) of title 44, Code of Federal Regula23 tions, the amount of any loan issued to a territory or pos24 session may— 

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


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

2 and other revenues and on projected cash outlays 

3 not previously budgeted for a period not to exceed 

4 one year beginning on the date that the major dis5 aster occurred. 

6 SEC. 313. Repayments of the remaining balances of 

7 all loans, as of September 30, 2020, by the Federal Emer8 gency Management Agency under section 417 the Robert 

9 T. Stafford Disaster Relief and Emergency Assistance Act 

10 (42 U.S.C. 5184) are hereby canceled. 

11 SEC. 314. (a) Subtitle A of title XXII of the Home12 land Security Act of 2002 (6 U.S.C. 651 et seq.) is amend13 ed by adding at the end the following new section: 

14 ‘‘SEC. 2215. CYBERSECURITY ADVISORY COMMITTEE. 

15 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab16 lish within the Agency a Cybersecurity Advisory Com17 mittee (referred to in this section as the ‘Advisory Com18 mittee’). 

19 ‘‘(b) DUTIES.— 

20 ‘‘(1) IN GENERAL.—The Advisory Committee 

21 may advise, consult with, report to, and make rec22 ommendations to the Director, as appropriate, on 

23 the development, refinement, and implementation of 

24 policies, programs, planning, and training pertaining 

25 to the cybersecurity mission of the Agency. 


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1 ‘‘(2) RECOMMENDATIONS.— 

2 ‘‘(A) IN GENERAL.—The Advisory Com3 mittee shall develop, at the request of the Di4 rector, recommendations for improvements to 

5 advance the cybersecurity mission of the Agency 

6 and strengthen the cybersecurity of the United 

7 States. 

8 ‘‘(B) RECOMMENDATIONS OF SUBCOMMIT9 TEES.—Recommendations agreed upon by sub10 committees established under subsection (d) for 

11 any year shall be approved by the Advisory 

12 Committee before the Advisory Committee sub13 mits to the Director the annual report under 

14 paragraph (4) for that year. 

15 ‘‘(3) PERIODIC REPORTS.—The Advisory Com16 mittee shall periodically submit to the Director— 

17 ‘‘(A) reports on matters identified by the 

18 Director; and 

19 ‘‘(B) reports on other matters identified by 

20 a majority of the members of the Advisory 

21 Committee. 

22 ‘‘(4) ANNUAL REPORT.— 

23 ‘‘(A) IN GENERAL.—The Advisory Com24 mittee shall submit to the Director an annual 

25 report providing information on the activities, 


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1 findings, and recommendations of the Advisory 

2 Committee, including its subcommittees, for the 

3 preceding year. 

4 ‘‘(B) PUBLICATION.—Not later than 180 

5 days after the date on which the Director re6 ceives an annual report for a year under sub7 paragraph (A), the Director shall publish a 

8 public version of the report describing the ac9 tivities of the Advisory Committee and such re10 lated matters as would be informative to the 

11 public during that year, consistent with section 

12 552(b) of title 5, United States Code. 

13 ‘‘(5) FEEDBACK.—Not later than 90 days after 

14 receiving any recommendation submitted by the Ad15 visory Committee under paragraph (2), (3), or (4), 

16 the Director shall respond in writing to the Advisory 

17 Committee with feedback on the recommendation. 

18 Such a response shall include— 

19 ‘‘(A) with respect to any recommendation 

20 with which the Director concurs, an action plan 

21 to implement the recommendation; and 

22 ‘‘(B) with respect to any recommendation 

23 with which the Director does not concur, a jus24 tification for why the Director does not plan to 

25 implement the recommendation. 


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1 ‘‘(6) CONGRESSIONAL NOTIFICATION.—Not 

2 later than 45 days after the date of the President’s 

3 budget submission to Congress, the Director shall 

4 provide to the Committee on Homeland Security and 

5 Governmental Affairs and the Committee on Appro6 priations of the Senate and the Committee on 

7 Homeland Security and the Committee on Appro8 priations of the House of Representatives a briefing 

9 on feedback from the Advisory Committee. 

10 ‘‘(c) MEMBERSHIP.— 

11 ‘‘(1) APPOINTMENT.— 

12 ‘‘(A) IN GENERAL.—Not later than 180 

13 days after the date of the enactment of this sec14 tion, the Director shall appoint the members of 

15 the Advisory Committee. 

16 ‘‘(B) COMPOSITION.—The membership of 

17 the Advisory Committee shall consist of not 

18 more than 35 individuals. 

19 ‘‘(C) REPRESENTATION.— 

20 ‘‘(i) IN GENERAL.—The membership 

21 of the Advisory Committee shall be geo22 graphically balanced and shall include rep23 resentatives of State and local governments 

24 and of a broad range of industries, which 

25 may include the following: 


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1 ‘‘(I) Defense. 

2 ‘‘(II) Education. 

3 ‘‘(III) Financial services and in4 surance. 

5 ‘‘(IV) Healthcare. 

6 ‘‘(V) Manufacturing. 

7 ‘‘(VI) Media and entertainment. 

8 ‘‘(VII) Chemicals. 

9 ‘‘(VIII) Retail. 

10 ‘‘(IX) Transportation. 

11 ‘‘(X) Energy. 

12 ‘‘(XI) Information Technology. 

13 ‘‘(XII) Communications. 

14 ‘‘(XIII) Public works. 

15 ‘‘(XIV) Cybersecurity research 

16 community. 

17 ‘‘(XV) Privacy policy organiza18 tions. 

19 ‘‘(XVI) Other relevant field iden20 tified by the Director. 

21 ‘‘(ii) PROHIBITION.—Not more than 

22 three members may represent any one cat23 egory under clause (i). 

24 ‘‘(2) TERM OF OFFICE.— 


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1 ‘‘(A) TERMS.—The term of each member 

2 of the Advisory Committee shall be two years, 

3 except that a member may continue to serve 

4 until a successor is appointed. 

5 ‘‘(B) REMOVAL.—The Director may review 

6 the participation of a member of the Advisory 

7 Committee and remove such member any time 

8 at the discretion of the Director. 

9 ‘‘(C) REAPPOINTMENT.—A member of the 

10 Advisory Committee may be reappointed for an 

11 unlimited number of terms. 

12 ‘‘(3) PROHIBITION ON COMPENSATION.—The 

13 members of the Advisory Committee may not receive 

14 pay or benefits from the United States Government 

15 by reason of their service on the Advisory Com16 mittee. 

17 ‘‘(4) MEETINGS.— 

18 ‘‘(A) IN GENERAL.—The Director shall re19 quire the Advisory Committee to meet not less 

20 frequently than semiannually, and may convene 

21 additional meetings as necessary. 

22 ‘‘(B) PUBLIC MEETINGS.—At least one of 

23 the meetings referred to in subparagraph (A) 

24 shall be open to the public. 


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1 ‘‘(C) ATTENDANCE.—The Advisory Com2 mittee shall maintain a record of the persons 

3 present at each meeting. 

4 ‘‘(5) MEMBER ACCESS TO CLASSIFIED AND DE5 LIBERATIVE BUDGET INFORMATION.— 

6 ‘‘(A) IN GENERAL.—Not later than 60 

7 days after the date on which a member is first 

8 appointed to the Advisory Committee and be9 fore the member is granted access to any classi10 fied and deliberative budget information, the 

11 Director shall determine if the member should 

12 be restricted from reviewing, discussing, or pos13 sessing such information. 

14 ‘‘(B) ACCESS.—Access to classified mate15 rials shall be managed in accordance with Exec16 utive Order No. 13526 of December 29, 2009 

17 (75 Fed. Reg 707), or any subsequent cor18 responding Executive Order. 

19 ‘‘(C) PROTECTIONS.—A member of the 

20 Advisory Committee shall protect all classified 

21 information in accordance with the applicable 

22 requirements for the particular level of classi23 fication of such information. 

24 ‘‘(D) BUDGET INFORMATION.—A member 

25 of the Advisory Committee shall be permitted 


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1 access, as appropriate, to five-year deliberative 

2 budget data, analysis, and any other underlying 

3 materials information that is considered during 

4 the annual budget development process and 

5 shall protect such information in the same man6 ner and with the same regard as agency per7 sonnel. 

8 ‘‘(6) CHAIRPERSON.—The Advisory Committee 

9 shall select, from among the members of the Advi10 sory Committee— 

11 ‘‘(A) a member to serve as chairperson of 

12 the Advisory Committee; and 

13 ‘‘(B) a member to serve as chairperson of 

14 each subcommittee of the Advisory Committee 

15 established under subsection (d). 

16 ‘‘(d) SUBCOMMITTEES.— 

17 ‘‘(1) IN GENERAL.—The Director shall establish 

18 subcommittees within the Advisory Committee to ad19 dress cybersecurity issues, which may include the 

20 following: 

21 ‘‘(A) Information exchange. 

22 ‘‘(B) Critical infrastructure. 

23 ‘‘(C) Risk management. 

24 ‘‘(D) Public and private partnerships. 


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1 ‘‘(E) State, local, tribal, and territorial 

2 governments. 

3 ‘‘(F) Citizen engagement. 

4 ‘‘(2) MEETINGS AND REPORTING.—Each sub5 committee shall meet not less frequently than semi6 annually, and submit to the Advisory Committee for 

7 inclusion in the annual report required under sub8 section (b)(4) information, including activities, find9 ings, and recommendations, regarding subject mat10 ter considered by the subcommittee. 

11 ‘‘(3) SUBJECT MATTER EXPERTS.—The chair of 

12 the Advisory Committee shall appoint members to 

13 subcommittees and shall ensure that each member 

14 appointed to a subcommittee has subject matter ex15 pertise relevant to the subject matter of the sub16 committee. 

17 ‘‘(e) NONAPPLICABILITY OF FACA.—The Federal 

18 Advisory Committee Act (5 U.S.C. App.) shall not apply 

19 to the Advisory Committee and its subcommittees’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 in section 1(b) of the Homeland Security Act of 2002 is 

22 amended by inserting after the item relating to section 

23 2214 the following new item: 

24 ‘‘2215. Cybersecurity Advisory Committee.’’ 


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1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TRAINING, AND 

3 SERVICES 

4 U.S. CITIZENSHIP AND IMMIGRATION SERVICES

5 OPERATIONS AND SUPPORT

6 For necessary expenses of U.S. Citizenship and Im7 migration Services for operations and support of the E8 Verify Program, $163,949,000. 

9 FEDERAL ASSISTANCE

10 For necessary expenses of U.S. Citizenship and Im11 migration Services for Federal assistance for the Citizen12 ship and Integration Grant Program, $20,000,000. 

13 FEDERAL LAW ENFORCEMENT TRAINING CENTERS

14 OPERATIONS AND SUPPORT

15 For necessary expenses of the Federal Law Enforce16 ment Training Centers for operations and support, includ17 ing the purchase of not to exceed 117 vehicles for police18 type use and hire of passenger motor vehicles, and services 

19 as authorized by section 3109 of title 5, United States 

20 Code, $317,945,000, of which $54,283,000 shall remain 

21 available until September 30, 2022: Provided, That not 

22 to exceed $7,180 shall be for official reception and rep23 resentation expenses. 


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1 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

2 For necessary expenses of the Federal Law Enforce3 ment Training Centers for procurement, construction, and 

4 improvements, $26,000,000, to remain available until Sep5 tember 30, 2023, for acquisition of necessary additional 

6 real property and facilities, construction and ongoing 

7 maintenance, facility improvements and related expenses 

8 of the Federal Law Enforcement Training Center. 

9 SCIENCE AND TECHNOLOGY DIRECTORATE

10 OPERATIONS AND SUPPORT

11 For necessary expenses of the Science and Tech12 nology Directorate for operations and support, including 

13 the purchase or lease of not to exceed 5 vehicles, 

14 $303,162,000, of which $180,204,000 shall remain avail15 able until September 30, 2022: Provided, That not to ex16 ceed $10,000 shall be for official reception and representa17 tion expenses. 

18 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

19 For necessary expenses of the Science and Tech20 nology Directorate for procurement, construction, and im21 provements, $18,927,000 to remain available until Sep22 tember 30, 2025. 

23 RESEARCH AND DEVELOPMENT

24 For necessary expenses of the Science and Tech25 nology Directorate for research and development, 


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1 $433,222,000, to remain available until September 30, 

2 2023. 

3 COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

4 OPERATIONS AND SUPPORT

5 For necessary expenses of the Countering Weapons 

6 of Mass Destruction Office for operations and support, 

7 $179,977,000: Provided, That not to exceed $2,250 shall 

8 be for official reception and representation expenses. 

9 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

10 For necessary expenses of the Countering Weapons 

11 of Mass Destruction Office for procurement, construction, 

12 and improvements, $87,413,000, to remain available until 

13 September 30, 2023. 

14 RESEARCH AND DEVELOPMENT

15 For necessary expenses of the Countering Weapons 

16 of Mass Destruction Office for research and development, 

17 $58,209,000, to remain available until September 30, 

18 2023. 

19 FEDERAL ASSISTANCE

20 For necessary expenses of the Countering Weapons 

21 of Mass Destruction Office for Federal assistance through 

22 grants, contracts, cooperative agreements, and other ac23 tivities, $69,663,000, to remain available until September 

24 30, 2023. 


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1 ADMINISTRATIVE PROVISIONS

2 SEC. 401. Notwithstanding any other provision of 

3 law, funds otherwise made available to U.S. Citizenship 

4 and Immigration Services may be used to acquire, operate, 

5 equip, and dispose of up to 5 vehicles, for replacement 

6 only, for areas where the Administrator of General Serv7 ices does not provide vehicles for lease: Provided, That the 

8 Director of U.S. Citizenship and Immigration Services 

9 may authorize employees who are assigned to those areas 

10 to use such vehicles to travel between the employees’ resi11 dences and places of employment. 

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

13 may be used to process or approve a competition under 

14 Office of Management and Budget Circular A–76 for serv15 ices provided by employees (including employees serving 

16 on a temporary or term basis) of U.S. Citizenship and Im17 migration Services of the Department of Homeland Secu18 rity who are known as Immigration Information Officers, 

19 Immigration Service Analysts, Contact Representatives, 

20 Investigative Assistants, or Immigration Services Officers. 

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

22 Immigration and Nationality Act (8 U.S.C. 1356(n)), not 

23 more than $1,855,000 shall be available for the Office of 

24 the Director of U.S. Citizenship and Immigration Services 

25 during fiscal year 2021. 


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1 (b) Of the amount made available under subsection 

2 (a), $50,000 shall be withheld from obligation and expend3 iture until each of the reports and briefings required under 

4 the heading, ‘‘U.S. Citizenship and Immigration Services’’ 

5 in the explanatory statement accompanying Public Law 

6 116–93 and the report accompanying this Act have been 

7 provided. 

8 SEC. 404. Section 403 of the Department of Home9 land Security Appropriations Act, 2020 (division D of 

10 Public Law 116–93) shall continue in effect during fiscal 

11 year 2021, except that such section shall be applied by 

12 substituting ‘‘15 days after the date of enactment of this 

13 Act’’ for ‘‘30 days after the date of enactment of this 

14 Act’’. 

15 SEC. 405. None of the funds deposited into the Immi16 gration Examinations Fee Account pursuant to section 

17 286(m) of the Immigration and Nationality Act (8 U.S.C. 

18 1356(m)) may be made available for activities for which 

19 specific amounts are made available by this Act unless 

20 such deposited funds were obligated for such activities in 

21 fiscal year 2020. 

22 SEC. 406. The Director of the Federal Law Enforce23 ment Training Centers is authorized to distribute funds 

24 to Federal law enforcement agencies for expenses incurred 

25 participating in training accreditation. 


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1 SEC. 407. The Federal Law Enforcement Training 

2 Accreditation Board, including representatives from the 

3 Federal law enforcement community and non-Federal ac4 creditation experts involved in law enforcement training, 

5 shall lead the Federal law enforcement training accredita6 tion process to continue the implementation of measuring 

7 and assessing the quality and effectiveness of Federal law 

8 enforcement training programs, facilities, and instructors. 

9 SEC. 408. The Director of the Federal Law Enforce10 ment Training Centers may accept transfers to the ac11 count established by section 407(a) of division F of the 

12 Consolidated Appropriations Act, 2018 (Public Law 115– 

13 141) from Government agencies requesting the construc14 tion of special use facilities, as authorized by the Economy 

15 Act (31 U.S.C. 1535(b)): Provided, That the Federal Law 

16 Enforcement Training Centers maintain administrative 

17 control and ownership upon completion of such facilities. 

18 SEC. 409. The functions of the Federal Law Enforce19 ment Training Centers instructor staff shall be classified 

20 as inherently governmental for purposes of the Federal 

21 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 

22 note). 

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

24 of the Consolidated Security, Disaster Assistance, and 


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1 Continuing Appropriations Act, 2009 (Public Law 110– 

2 329; 122 Stat. 3688) is repealed. 

3 (b) Section 538 of title V of division D of the Consoli4 dated Appropriations Act, 2012 (Public Law 112–74; 125 

5 Stat. 976) is repealed. 

6 SEC. 411. None of the funds made available to the 

7 Secretary of Homeland Security or to the head of any 

8 other Federal department or agency may be used to place 

9 in detention, remove, refer for removal, initiate removal 

10 proceedings against, or deny work authorization to any in11 dividual who— 

12 (1) meets the qualifying criteria to participate 

13 in the Deferred Action for Childhood Arrivals initia14 tive, as delineated in the June 15, 2012, memo15 randum entitled ‘‘Exercising Prosecutorial Discre16 tion with respect to Individuals Who Came to the 

17 United States as Children’’, including the criteria 

18 barring conviction for criminal offenses in such 

19 memorandum; or 

20 (2) is a national of a foreign state that was des21 ignated under section 244(b) of the Immigration and 

22 Nationality Act on January 1, 2017 (or in the case 

23 of an alien having no nationality, a person who last 

24 habitually resided in such state) if such individual 

25 has continuously resided in the United States since 


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1 the effective date of the most recent designation of 

2 that state under section 244(b)(1) and otherwise 

3 meets the requirements of section 244(c) other than 

4 subparagraph (1)(A)(iv) and is not barred on crimi5 nal grounds under such section. 

6 SEC. 412. In fiscal year 2021, nonimmigrants shall 

7 be admitted to the United States under section 

8 101(a)(15)(H)(ii)(a) of the Immigration and Nationality 

9 Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform agricul10 tural labor or services, without regard to whether such 

11 labor is, or services are, of a temporary or seasonal nature. 

12 SEC. 413. (a) For fiscal years 2021 and 2022, the 

13 worldwide level of family-sponsored immigrants under sub14 section (c) of section 201 of the Immigration and Nation15 ality Act (8 U.S.C. 1151), the worldwide level of employ16 ment-based immigrants under subsection (d) of such sec17 tion, and the worldwide level of diversity immigrants under 

18 subsection (e) of such section shall each be increased by 

19 the number computed under subsection (b) of this section 

20 with respect to each of such worldwide levels. 

21 (b) For each of the worldwide levels described in sub22 section (a) of this section, the number computed under 

23 this subsection is the difference (if any) between the 

24 worldwide level established for the previous fiscal year 

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1 migration and Nationality Act (8 U.S.C. 1151) and the 

2 number of visas that were, during the previous fiscal year, 

3 issued and used as the basis for an application for admis4 sion into the United States as an immigrant described in 

5 the applicable subsection. 

6 (c) The additional visas made available for fiscal 

7 years 2021 and 2022 as a result of the computations made 

8 under subsections (a) and (b) of this section shall be pro9 portionally allocated as set forth in subsections (a), (b), 

10 and (c) of section 203 of the Immigration and Nationality 

11 Act (8 U.S.C. 1153). 

12 (d) For fiscal years 2021 and 2022, the number com13 puted under subsection (c)(3)(C) of section 201 of the Im14 migration and Nationality Act (8 U.S.C. 1151), and the 

15 number computed under subsection (d)(2)(C) of such sec16 tion, are deemed to equal zero. 

17 SEC. 414. Notwithstanding the numerical limitation 

18 set forth in section 214(g)(1)(B) of the Immigration and 

19 Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary 

20 of Homeland Security, after consultation with the Sec21 retary of Labor, and upon the determination that the 

22 needs of American businesses cannot be satisfied in fiscal 

23 year 2021 with United States workers who are willing, 

24 qualified, and able to perform temporary nonagricultural 

25 labor, may increase the total number of aliens who may 


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1 receive a visa under section 101(a)(15)(H)(ii)(b) of such 

2 Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year 

3 above such limitation by not more than the highest num4 ber of H–2B nonimmigrants who participated in the H– 

5 2B returning worker program in any fiscal year in which 

6 returning workers were exempt from such numerical limi7 tation. 

8 TITLE V 

9 GENERAL PROVISIONS 

10 (INCLUDING RESCISSION OF FUNDS)

11 SEC. 501. No part of any appropriation contained in 

12 this Act shall remain available for obligation beyond the 

13 current fiscal year unless expressly so provided herein. 

14 SEC. 502. The unexpended balances of prior appro15 priations provided for activities in this Act may be trans16 ferred to appropriation accounts for such activities estab17 lished pursuant to this Act, may be merged with funds 

18 in the applicable established accounts, and thereafter may 

19 be accounted for as one fund for the same time period 

20 as originally enacted. 

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

22 provided by previous appropriations Acts to the compo23 nents in or transferred to the Department of Homeland 

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1 tion of fees available to the components of such Depart2 ment, shall be available for obligation or expenditure 

3 through a reprogramming of appropriated funds or a 

4 change in the planned obligation of funds derived from 

5 such fees that— 

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

7 activity; 

8 (2) contracts out any function presently per9 formed by Federal employees or any new function 

10 proposed to be performed by Federal employees in 

11 the President’s budget proposal for the current fiscal 

12 year for the Department of Homeland Security; 

13 (3) augments funding for existing programs, 

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

15 percent, whichever is less; 

16 (4) reduces funding for any program, project, 

17 or activity, or numbers of personnel, by 10 percent 

18 or more; or 

19 (5) results from any general savings from a re20 duction in personnel that would result in a change 

21 in funding levels for programs, projects, or activities 

22 as approved by the Congress. 

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

24 or activity’’ is defined as— 


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1 (1) each item listed under each appropriation or 

2 fee funded account identified in the detailed funding 

3 table at the end of the explanatory statement accom4 panying this Act; and 

5 (2) each item for which the explanatory state6 ment accompanying this Act specifies a funding 

7 amount, except for amounts identified in a funding 

8 table other than that described in subsection (1). 

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

10 funds’’ is defined as a reduction to or augmentation of 

11 an amount associated with an item described in subsection 

12 (b). 

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

14 planned obligation of funding derived from fee collections 

15 is defined as a reduction or augmentation of an amount 

16 associated with an item described in subsection (b) under 

17 each ‘‘Fee Funded Programs’’ subheading. 

18 SEC. 504. Section 504 of the Department of Home19 land Security Appropriations Act, 2017 (division F of 

20 Public Law 115–31), related to the operations of a work21 ing capital fund, shall apply with respect to funds made 

22 available in this Act in the same manner as such section 

23 applied to funds made available in that Act: Provided, 

24 That funds from such working capital fund may be obli25 gated and expended in anticipation of reimbursements 


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1 from components of the Department of Homeland Secu2 rity. 

3 SEC. 505. Funds made available by this Act for intel4 ligence activities are deemed to be specifically authorized 

5 by the Congress for purposes of section 504 of the Na6 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

7 year 2021 until the enactment of an Act authorizing intel8 ligence activities for fiscal year 2021. 

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

10 or the designee of the Secretary, shall notify the Commit11 tees on Appropriations of the Senate and the House of 

12 Representatives at least 3 full business days in advance 

13 of— 

14 (1) making or awarding a grant allocation, 

15 grant, contract, other transaction agreement, or task 

16 or delivery order on a Department of Homeland Se17 curity multiple award contract, or to issue a letter 

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

19 (2) awarding a task or delivery order requiring 

20 an obligation of funds in an amount greater than 

21 $10,000,000 from multi-year Department of Home22 land Security funds; 

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

24 (4) announcing publicly the intention to make 

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1 cluding a contract covered by the Federal Acquisi2 tion Regulation. 

3 (b) If the Secretary of Homeland Security determines 

4 that compliance with this section would pose a substantial 

5 risk to human life, health, or safety, an award may be 

6 made without notification, and the Secretary shall notify 

7 the Committees on Appropriations of the Senate and the 

8 House of Representatives not later than 5 full business 

9 days after such an award is made or letter issued. 

10 (c) A notification under this section— 

11 (1) may not involve funds that are not available 

12 for obligation; and 

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

14 fiscal year for which the funds for the award were 

15 appropriated; the type of contract; and the account 

16 from which the funds are being drawn. 

17 SEC. 507. Notwithstanding any other provision of 

18 law, no agency shall purchase, construct, or lease any ad19 ditional facilities, except within or contiguous to existing 

20 locations, to be used for the purpose of conducting Federal 

21 law enforcement training without advance notification to 

22 the Committees on Appropriations of the Senate and the 

23 House of Representatives, except that the Federal Law 

24 Enforcement Training Centers is authorized to obtain the 

25 temporary use of additional facilities by lease, contract, 


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1 or other agreement for training that cannot be accommo2 dated in existing Centers’ facilities. 

3 SEC. 508. None of the funds appropriated or other4 wise made available by this Act may be used for expenses 

5 for any construction, repair, alteration, or acquisition 

6 project for which a prospectus otherwise required under 

7 chapter 33 of title 40, United States Code, has not been 

8 approved, except that necessary funds may be expended 

9 for each project for required expenses for the development 

10 of a proposed prospectus. 

11 SEC. 509. Sections 520, 522, and 530 of the Depart12 ment of Homeland Security Appropriations Act, 2008 (di13 vision E of Public Law 110–161; 121 Stat. 2073 and 

14 2074) shall apply with respect to funds made available in 

15 this Act in the same manner as such sections applied to 

16 funds made available in that Act. 

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

18 Act may be used in contravention of the applicable provi19 sions of the Buy American Act: Provided, That for pur20 poses of the preceding sentence, the term ‘‘Buy American 

21 Act’’ means chapter 83 of title 41, United States Code. 

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

23 Act may be used to amend the oath of allegiance required 

24 by section 337 of the Immigration and Nationality Act 

25 (8 U.S.C. 1448). 


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1 SEC. 512. None of the funds provided or otherwise 

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

3 section 872 of the Homeland Security Act of 2002 (6 

4 U.S.C. 452) unless explicitly authorized by the Congress. 

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

6 Act may be used for planning, testing, piloting, or devel7 oping a national identification card. 

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

9 to report or to certify to the Committees on Appropria10 tions of the Senate and the House of Representatives may 

11 not delegate such authority to perform that act unless spe12 cifically authorized herein. 

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

14 Act may be used for first-class travel by the employees 

15 of agencies funded by this Act in contravention of sections 

16 301–10.122 through 301–10.124 of title 41, Code of Fed17 eral Regulations. 

18 SEC. 516. Notwithstanding any other provision of 

19 this Act, none of the funds appropriated or otherwise 

20 made available by this Act may be used to pay award or 

21 incentive fees for contractor performance that has been 

22 judged to be below satisfactory performance or perform23 ance that does not meet the basic requirements of a con24 tract. 


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1 SEC. 517. None of the funds appropriated or other2 wise made available by this Act may be used by the De3 partment of Homeland Security to enter into any Federal 

4 contract unless such contract is entered into in accordance 

5 with the requirements of subtitle I of title 41, United 

6 States Code, or chapter 137 of title 10, United States 

7 Code, and the Federal Acquisition Regulation, unless such 

8 contract is otherwise authorized by statute to be entered 

9 into without regard to the above referenced statutes. 

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

11 this Act may be used to maintain or establish a computer 

12 network unless such network blocks the viewing, 

13 downloading, and exchanging of pornography. 

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

15 funds necessary for any Federal, State, tribal, or local law 

16 enforcement agency or any other entity carrying out crimi17 nal investigations, prosecution, or adjudication activities. 

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

19 Act may be used by a Federal law enforcement officer to 

20 facilitate the transfer of an operable firearm to an indi21 vidual if the Federal law enforcement officer knows or sus22 pects that the individual is an agent of a drug cartel unless 

23 law enforcement personnel of the United States continu24 ously monitor or control the firearm at all times. 


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

2 Act may be used to pay for the travel to or attendance 

3 of more than 50 employees of a single component of the 

4 Department of Homeland Security, who are stationed in 

5 the United States, at a single international conference un6 less the Secretary of Homeland Security, or a designee, 

7 determines that such attendance is in the national interest 

8 and notifies the Committees on Appropriations of the Sen9 ate and the House of Representatives within at least 10 

10 days of that determination and the basis for that deter11 mination: Provided, That for purposes of this section the 

12 term ‘‘international conference’’ shall mean a conference 

13 occurring outside of the United States attended by rep14 resentatives of the United States Government and of for15 eign governments, international organizations, or non16 governmental organizations: Provided further, That the 

17 total cost to the Department of Homeland Security of any 

18 such conference shall not exceed $500,000. 

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

20 Act may be used to reimburse any Federal department 

21 or agency for its participation in a National Special Secu22 rity Event. 

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

24 Department of Homeland Security by this or any other 

25 Act may be obligated for any structural pay reform that 


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1 affects more than 100 full-time positions or costs more 

2 than $5,000,000 in a single year before the end of the 

3 30-day period beginning on the date on which the Sec4 retary of Homeland Security submits to Congress a notifi5 cation that includes— 

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

7 such change; 

8 (2) funding required for such change for the 

9 current year and through the Future Years Home10 land Security Program; 

11 (3) justification for such change; and 

12 (4) an analysis of compensation alternatives to 

13 such change that were considered by the Depart14 ment. 

15 SEC. 523. (a) Any agency receiving funds made avail16 able in this Act shall, subject to subsections (b) and (c), 

17 post on the public website of that agency any report re18 quired to be submitted by the Committees on Appropria19 tions of the Senate and the House of Representatives in 

20 this Act, upon the determination by the head of the agency 

21 that it shall serve the national interest. 

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

23 (1) the public posting of the report com24 promises homeland or national security; or 

25 (2) the report contains proprietary information. 


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

2 do so only after such report has been made available to 

3 the Committees on Appropriations of the Senate and the 

4 House of Representatives for not less than 45 days except 

5 as otherwise specified in law. 

6 SEC. 524. (a) Funding provided in this Act for ‘‘Op7 erations and Support’’ may be used for minor procure8 ment, construction, and improvements. 

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

10 to end items with a unit cost of $250,000 or less for per11 sonal property, and $2,000,000 or less for real property. 

12 SEC. 525. The authority provided by section 532 of 

13 the Department of Homeland Security Appropriations 

14 Act, 2018 (Public Law 115–141) regarding primary and 

15 secondary schooling of dependents shall continue in effect 

16 during fiscal year 2021. 

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

18 Emergency Management Agency—Federal Assistance’’, 

19 $41,000,000, to remain available until September 30, 

20 2022, exclusively for providing reimbursement of extraor21 dinary law enforcement or other emergency personnel 

22 costs for protection activities directly and demonstrably 

23 associated with any residence of the President that is des24 ignated or identified to be secured by the United States 

25 Secret Service. 


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

2 Department of Homeland Security Appropriations Act, 

3 2018 (Public Law 115–141), shall be applied with respect 

4 to amounts made available by subsection (a) of this section 

5 by substituting ‘‘October 1, 2021’’ for ‘‘October 1, 2018’’ 

6 and ‘‘October 1, 2020’’ for ‘‘October 1, 2017’’. 

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

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

9 (1) In subsection (a), by substituting ‘‘Sep10 tember 30, 2021,’’ for ‘‘September 30, 2017,’’; and 

11 (2) In subsection (c)(1), by substituting ‘‘Sep12 tember 30, 2021,’’ for ‘‘September 30, 2017’’. 

13 (b) The Secretary of Homeland Security, under the 

14 authority of section 831 of the Homeland Security Act of 

15 2002 (6 U.S.C. 391(a)), may carry out prototype projects 

16 under section 2371b of title 10, United States Code, and 

17 the Secretary shall perform the functions of the Secretary 

18 of Defense as prescribed. 

19 (c) The Secretary of Homeland Security under sec20 tion 831 of the Homeland Security Act of 2002 (6 U.S.C. 

21 391(d)) may use the definition of nontraditional govern22 ment contractor as defined in section 2371b(e) of title 10, 

23 United States Code. 

24 SEC. 528. (a) None of the funds appropriated or oth25 erwise made available to the Department of Homeland SeVerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669

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1 curity by this Act may be used to prevent any of the fol2 lowing persons from entering, for the purpose of con3 ducting oversight, any facility operated by or for the De4 partment of Homeland Security used to detain or other5 wise house aliens, or to make any temporary modification 

6 at any such facility that in any way alters what is observed 

7 by a visiting member of Congress or such designated em8 ployee, compared to what would be observed in the absence 

9 of such modification: 

10 (1) A Member of Congress. 

11 (2) An employee of the United States House of Rep12 resentatives or the United States Senate designated by 

13 such a Member for the purposes of this section. 

14 (b) Nothing in this section may be construed to re15 quire a Member of Congress to provide prior notice of the 

16 intent to enter a facility described in subsection (a) for 

17 the purpose of conducting oversight. 

18 (c) With respect to individuals described in subsection 

19 (a)(2), the Department of Homeland Security may require 

20 that a request be made at least 24 hours in advance of 

21 an intent to enter a facility described in subsection (a). 

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

23 none of the funds made available in this Act may be used 

24 to place restraints on a woman in the custody of the De25 partment of Homeland Security (including during transVerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669

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1 port, in a detention facility, or at an outside medical facil2 ity) who is pregnant or in post-delivery recuperation. 

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

4 pregnant woman if— 

5 (1) an appropriate official of the Department of 

6 Homeland Security makes an individualized deter7 mination that the woman— 

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

9 cannot be prevented by other means; or 

10 (B) poses an immediate and serious threat 

11 to harm herself or others that cannot be pre12 vented by other means; or 

13 (2) a medical professional responsible for the 

14 care of the pregnant woman determines that the use 

15 of therapeutic restraints is appropriate for the med16 ical safety of the woman. 

17 (c) If a pregnant woman is restrained pursuant to 

18 subsection (b), only the safest and least restrictive re19 straints, as determined by the appropriate medical profes20 sional treating the woman, may be used. In no case may 

21 restraints be used on a woman who is in active labor or 

22 delivery, and in no case may a pregnant woman be re23 strained in a face-down position with four-point restraints, 

24 on her back, or in a restraint belt that constricts the area 

25 of the pregnancy. A pregnant woman who is immobilized 


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1 by restraints shall be positioned, to the maximum extent 

2 feasible, on her left side. 

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

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

5 or practice that permits the destruction of, any document, 

6 recording, or other record pertaining to any— 

7 (1) death of, 

8 (2) potential sexual assault or abuse per9 petrated against, or 

10 (3) allegation of abuse, criminal activity, or dis11 ruption committed by, 

12 an individual held in the custody of the Department of 

13 Homeland Security. 

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

15 made available to an individual who has been charged with 

16 a crime, been placed into segregation, or otherwise pun17 ished as a result of an allegation described in paragraph 

18 (3), upon the request of such individual. 

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

20 114–113, regarding a prohibition on funding for any posi21 tion designated as a Principal Federal Official, shall apply 

22 with respect to any Federal funds in the same manner 

23 as such section applied to funds made available in that 

24 Act. 


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

2 on which the budget of the President for a fiscal year is 

3 submitted to Congress pursuant to section 1105(a) of title 

4 31, United States Code, the Secretary of Homeland Secu5 rity shall submit to the Committees on Appropriations of 

6 the Senate and the House of Representatives a report on 

7 the unfunded priorities, for the Department of Homeland 

8 Security and separately for each departmental component, 

9 for which discretionary funding would be classified as 

10 budget function 050. 

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

12 each such unfunded priority— 

13 (1) a summary description, including the objec14 tives to be achieved if such priority is funded 

15 (whether in whole or in part); 

16 (2) the description, including the objectives to 

17 be achieved if such priority is funded (whether in 

18 whole or in part); 

19 (3) account information, including the following 

20 (as applicable): 

21 (A) appropriation account; and 

22 (B) program, project, or activity name; 

23 and 

24 (4) the additional number of full-time or part25 time positions to be funded as part of such priority. 


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

2 the case of a fiscal year, means a requirement that— 

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

4 subsection (a); 

5 (2) is necessary to fulfill a requirement associ6 ated with an operational or contingency plan for the 

7 Department; and 

8 (3) would have been recommended for funding 

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

10 (A) additional resources had been available 

11 for the budget to fund the requirement; 

12 (B) the requirement has emerged since the 

13 budget was formulated; or 

14 (C) the requirement is necessary to sustain 

15 prior-year investments. 

16 SEC. 533. No Federal funds may be made available 

17 to implement or carry out any of the following: 

18 (1) The proposed rule entitled ‘‘Procedures for 

19 Asylum and Withholding of Removal; Credible Fear 

20 and Reasonable Fear Review’’, dated June 15, 2020, 

21 or any final version of such rule. 

22 (2) The Migrant Protection Protocols an23 nounced by the Secretary of Homeland Security on 

24 December 20, 2018, and any subsequent revisions to 

25 those protocols. 


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1 (3) DHS Policy Memorandum 602-0169, dated 

2 January 28, 2019, or any other agency policy memo3 randum implementing the protocols described in 

4 such policy memorandum. 

5 (4) Presidential Proclamation 9983, issued on 

6 January 31, 2020 (85 Fed. Reg. 6699). 

7 (5) The interim final rule entitled ‘‘Imple8 menting Bilateral and Multilateral Asylum Coopera9 tive Agreements Under the Immigration and Nation10 ality Act’’, dated November 19, 2019, including— 

11 (A) the agreement between the Govern12 ment of the United States and the Government 

13 of the Republic of Guatemala on Cooperation 

14 Regarding the Examination of Protection 

15 Claims, dated November 20, 2019 (84 Fed. 

16 Reg. 64095); and 

17 (B) any other agreements establishing 

18 ‘‘Asylum Cooperative Agreements’’, new ‘‘safe 

19 third country’’ designations, or otherwise relat20 ing to returning individuals to a third country 

21 for purposes of establishing an asylum claim. 

22 (6) Executive Order 13768, issued on January 

23 25, 2017 (relating to enhancing public safety in the 

24 interior of the United States; 82 Fed. Reg. 8799). 


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1 (7) Any policy requiring an applicant for citi2 zenship to attend an interview at a location other 

3 than the U.S. Citizenship and Immigration Services 

4 office at which the applicant submitted the applica5 tion. 

6 (8) Any official duty of an asylum officer by an 

7 individual who is not directly employed by U.S. Citi8 zenship and Immigration Services. 

9 SEC. 534. Not later than 30 days after the date of 

10 enactment of this Act, $20,000,000 from the unobligated 

11 balances from the amount described in section 212(b) of 

12 division D of Public Law 116–93, shall be transferred to 

13 ‘‘Countering Weapons of Mass Destruction Office—Pro14 curement, Construction, and Improvements’’ for electronic 

15 health records, and shall remain available until September 

16 30, 2022, in addition to any amounts otherwise available 

17 for such purposes: Provided, That such amount is des18 ignated by the Congress as being for an emergency re19 quirement pursuant to section 251(b)(2)(A)(i) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985, 

21 and shall be available only if the President subsequently 

22 so designates such amount and transmits such designation 

23 to the Congress. 


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1 (RESCISSIONS)

2 SEC. 535. Of the funds appropriated to the Depart3 ment of Homeland Security, $1,375,000,000 of the 

4 amounts made available under the heading ‘‘U.S. Customs 

5 and Border Protection—Procurement, Construction, and 

6 Improvements’’ by Public Law 116-93 is hereby rescinded: 

7 Provided, That no amounts may be rescinded from 

8 amounts that were designated by the Congress as an 

9 emergency requirement pursuant to a concurrent resolu10 tion on the budget or the Balanced Budget and Emer11 gency Deficit Control Act of 1985 (Public Law 99–177). 

12 SEC. 536. From the unobligated balances available 

13 in the ‘‘U.S. Customs and Border Protection—Border Se14 curity, Fencing, Infrastructure, and Technology’’ account 

15 (70 X 0533), $5,000,000 is hereby rescinded. 

16 SEC. 537. Of the unobligated balances available 

17 under the heading ‘‘U.S. Customs and Border Protec18 tion—Procurement, Construction, and Improvements’’, 

19 $50,000,000 is hereby rescinded. 

20 This Act may be cited as the ‘‘Department of Home21 land Security Appropriations Act, 2021’’. 


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Union Calendar No. 368 

116TH CONGRESS 

2D SESSION H. R. 7669 

[Report No. 116–458] 

A BILL 

Making appropriations for the Department of 

September 30, 2021, and for other purposes. Homeland Security for the fiscal year ending 

JULY 20, 2020 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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