IB 

Union Calendar No. 139 

116TH CONGRESS 

1ST SESSION H. R. 3931 

[Report No. 116–180] 

Making appropriations for the Department of Homeland Security for the 

fiscal year ending September 30, 2020, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2019 

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

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

on the State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2020, 

and for other purposes. 


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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, 2020, 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 $174,916,000, of which $20,000,000 shall be for an Om16 budsman for Immigration Detention as established by sec17 tion 105: Provided, That not to exceed $45,000 shall be 

18 for official reception and representation expenses. 

19 MANAGEMENT DIRECTORATE

20 OPERATIONS AND SUPPORT

21 For necessary expenses of the Management Direc22 torate for operations and support, $1,194,608,000: Pro23 vided, That not to exceed $2,000 shall be for official recep24 tion and representation expenses. 


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1 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

2 For necessary expenses of the Management Direc3 torate for procurement, construction, and improvements, 

4 $381,298,000, of which $157,531,000 shall remain avail5 able until September 30, 2022; and of which 

6 $223,767,000 shall remain available until September 30, 

7 2024, to plan, acquire, design, construct, renovate, reme8 diate, equip, furnish, improve infrastructure, and occupy 

9 buildings and facilities for the Department headquarters 

10 consolidation project. 

11 FEDERAL PROTECTIVE SERVICE

12 The revenues and collections of security fees credited 

13 to this account shall be available until expended for nec14 essary expenses related to the protection of federally 

15 owned and leased buildings and for the operations of the 

16 Federal Protective Service. 

17 INTELLIGENCE, ANALYSIS, AND OPERATIONS

18 COORDINATION

19 OPERATIONS AND SUPPORT

20 For necessary expenses of the Office of Intelligence 

21 and Analysis and the Office of Operations Coordination 

22 for operations and support, $276,641,000: Provided, That 

23 not to exceed $3,825 shall be for official reception and 

24 representation expenses and not to exceed $2,000,000 is 


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1 available for facility needs associated with secure space at 

2 fusion centers, including improvements to buildings. 

3 OFFICE OF INSPECTOR GENERAL

4 OPERATIONS AND SUPPORT

5 For necessary expenses of the Office of Inspector 

6 General for operations and support, $195,242,000: Pro7 vided, That not to exceed $300,000 may be used for cer8 tain confidential operational expenses, including the pay9 ment of informants, to be expended at the direction of the 

10 Inspector General. 

11 ADMINISTRATIVE PROVISIONS

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

13 shall submit a report not later than October 15, 2020, 

14 to the Inspector General of the Department of Homeland 

15 Security listing all grants and contracts awarded by any 

16 means other than full and open competition during fiscal 

17 years 2019 or 2020. 

18 (b) The Inspector General shall review the report re19 quired by subsection (a) to assess departmental compli20 ance with applicable laws and regulations and report the 

21 results of that review to the Committees on Appropriations 

22 of the Senate and the House of Representatives not later 

23 than February 15, 2021. 

24 SEC. 102. The Secretary of Homeland Security shall 

25 require that all contracts of the Department of Homeland 


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1 Security that provide award fees link such fees to success2 ful acquisition outcomes, which shall be specified in terms 

3 of cost, schedule, and performance. 

4 SEC. 103. The Secretary of Homeland Security, in 

5 consultation with the Secretary of the Treasury, shall no6 tify the Committees on Appropriations of the Senate and 

7 the House of Representatives of any proposed transfers 

8 of funds available under section 9705(g)(4)(B) of title 31, 

9 United States Code from the Department of the Treasury 

10 Forfeiture Fund to any agency within the Department of 

11 Homeland Security: Provided, That none of the funds 

12 identified for such a transfer may be obligated until the 

13 Committees on Appropriations of the Senate and the 

14 House of Representatives are notified of the proposed 

15 transfers: Provided further, That funds available under 

16 such section may not be used for the construction of bor17 der security infrastructure. 

18 SEC. 104. All official costs associated with the use 

19 of Government aircraft by Department of Homeland Secu20 rity personnel to support official travel of the Secretary 

21 and the Deputy Secretary shall be paid from amounts 

22 made available for the Office of the Secretary. 


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1 ESTABLISHMENT OF AN IMMIGRATION DETENTION

2 OMBUDSMAN

3 SEC. 105. (a) IN GENERAL.—Subtitle A of title IV 

4 of the Homeland Security Act of 2002 (6 U.S.C. 272) is 

5 amended by adding the following new section: 

6 ‘‘SEC. 405. OMBUDSMAN FOR IMMIGRATION DETENTION. 

7 ‘‘(a) IN GENERAL.—Within the Department, there 

8 shall be a position of Immigration Detention Ombudsman 

9 (in this section referred to as the ‘Ombudsman’). The Om10 budsman shall be independent of Department agencies 

11 and officers and shall report directly to the Secretary. The 

12 Ombudsman shall be a senior official with a background 

13 in civil rights enforcement, civil detention care and cus14 tody, and immigration law. 

15 ‘‘(b) FUNCTIONS.—The functions of the Ombudsman 

16 shall be to— 

17 ‘‘(1) Establish and administer an independent, 

18 neutral, and confidential process to receive, inves19 tigate, resolve, and provide redress, including refer20 ral for investigation to the Office of the Inspector 

21 General, referral to U.S. Citizenship and Immigra22 tion Services for immigration relief, or any other ac23 tion determined appropriate, for cases in which De24 partment officers or other personnel, or contracted, 

25 subcontracted, or cooperating entity personnel, are 


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1 found to have engaged in misconduct or violated the 

2 rights of individuals in immigration detention; 

3 ‘‘(2) Establish an accessible and standardized 

4 process regarding complaints against any officer or 

5 employee of U.S. Customs and Border Protection or 

6 U.S. Immigration and Customs Enforcement, or any 

7 contracted, subcontracted, or cooperating entity per8 sonnel, for violations of law, standards of profes9 sional conduct, contract terms, or policy related to 

10 immigration detention; 

11 ‘‘(3) Conduct unannounced inspections of de12 tention facilities holding individuals in federal immi13 gration custody, including those owned or operated 

14 by units of State or local government and privately15 owned or operated facilities; 

16 ‘‘(4) Review, examine, and make recommenda17 tions to address concerns or violations of contract 

18 terms identified in reviews, audits, investigations, or 

19 detainee interviews regarding immigration detention 

20 facilities and services; and 

21 ‘‘(5) Provide assistance to individuals affected 

22 by potential misconduct, excessive force, or violations 

23 of law or detention standards by Department of 

24 Homeland Security officers or other personnel, or 


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1 contracted, subcontracted, or cooperating entity per2 sonnel. 

3 ‘‘(c) ACCESS TO DETENTION FACILITIES.—The Om4 budsman or designated personnel of the Ombudsman, 

5 shall be provided unfettered access to any location within 

6 each such detention facility and shall be permitted con7 fidential access to any detainee at the detainee’s request 

8 and any departmental records concerning such detainee. 

9 ‘‘(d) COORDINATION WITH DEPARTMENT COMPO10 NENTS.— 

11 ‘‘(1) IN GENERAL.—The Director of U.S. Immi12 gration and Customs Enforcement and the Commis13 sioner of U.S. Customs and Border Protection shall 

14 each establish procedures to provide formal re15 sponses to recommendations submitted to such offi16 cials by the Ombudsman within 60 days of receiving 

17 such recommendations. 

18 ‘‘(2) ACCESS TO INFORMATION.—The Secretary 

19 shall establish procedures to provide the Ombuds20 man access to all departmental records necessary to 

21 execute the responsibilities of the Ombudsman under 

22 subsection (b) or (c) not later than 60 days after a 

23 request from the Ombudsman for such information. 


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1 ‘‘(e) ANNUAL REPORT.—The Ombudsman shall pre2 pare a report to Congress on an annual basis on its activi3 ties, findings, and recommendations.’’. 

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

5 of the Homeland Security Act of 2002 is amended by add6 ing after the new item relating to section 404 the following 

7 new item: 

‘‘Sec. 405. Ombudsman for Immigration Detention.’’. 

8 TITLE II 

9 SECURITY, ENFORCEMENT, AND 

10 INVESTIGATIONS 

11 U.S. CUSTOMS AND BORDER PROTECTION

12 OPERATIONS AND SUPPORT

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

14 Protection for operations and support, including the trans15 portation of unaccompanied minor aliens; the provision of 

16 air and marine support to Federal, State, and local agen17 cies in the enforcement or administration of laws enforced 

18 by the Department of Homeland Security; at the discre19 tion of the Secretary of Homeland Security, the provision 

20 of such support to Federal, State, and local agencies in 

21 other law enforcement and emergency humanitarian ef22 forts; the purchase and lease of up to 7,500 (6,500 for 

23 replacement only) police-type vehicles; the purchase, main24 tenance, or operation of marine vessels, aircraft, and un25 manned aerial systems; and contracting with individuals 


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1 for personal services abroad; $13,114,935,000; of which 

2 $3,274,000 shall be derived from the Harbor Maintenance 

3 Trust Fund for administrative expenses related to the col4 lection of the Harbor Maintenance Fee pursuant to section 

5 9505(c)(3) of the Internal Revenue Code of 1986 (26 

6 U.S.C. 9505(c)(3)) and notwithstanding section 

7 1511(e)(1) of the Homeland Security Act of 2002 (6 

8 U.S.C. 551(e)(1)); of which $2,000,000,000 shall be avail9 able until September 30, 2021; and of which such sums 

10 as become available in the Customs User Fee Account, ex11 cept sums subject to section 13031(f)(3) of the Consoli12 dated Omnibus Budget Reconciliation Act of 1985 (19 

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

14 of which $91,616,000 is for additional customs officers: 

15 Provided, That not to exceed $34,425 shall be for official 

16 reception and representation expenses: Provided further, 

17 That not to exceed $150,000 shall be available for pay18 ment for rental space in connection with preclearance op19 erations: Provided further, That not to exceed $1,000,000 

20 shall be for awards of compensation to informants, to be 

21 accounted for solely under the certificate of the Secretary 

22 of Homeland Security. Provided further, That not to ex23 ceed $15,000,000 may be transferred to the Bureau of 

24 Indian Affairs for the maintenance and repair of roads 


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1 on Native American reservations used by the U.S. Border 

2 Patrol. 

3 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

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

5 Protection for procurement, construction, and improve6 ments, including procurements of marine vessels, aircraft, 

7 and unmanned aerial systems, $477,962,000, of which 

8 $449,598,000 shall remain available until September 30, 

9 2022, and of which $28,364,000 shall remain available 

10 until September 30, 2024. 

11 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

12 OPERATIONS AND SUPPORT

13 For necessary expenses of U.S. Immigration and 

14 Customs Enforcement for operations and support, includ15 ing the purchase and lease of up to 3,790 (2,350 for re16 placement only) police-type vehicles; overseas vetted units; 

17 and maintenance, minor construction, and minor leasehold 

18 improvements at owned and leased facilities; 

19 $7,593,940,000; of which $55,698,000 shall remain avail20 able until September 30, 2021; of which $1,500,000 is for 

21 paid apprenticeships for participants in the Human Ex22 ploitation Rescue Operative Child-Rescue Corps: Provided, 

23 That not to exceed $11,475 shall be for official reception 

24 and representation expenses: Provided further, That not 

25 to exceed $10,000,000 shall be available until expended 


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1 for conducting special operations under section 3131 of 

2 the Customs Enforcement Act of 1986 (19 U.S.C. 2081): 

3 Provided further, That not to exceed $2,000,000 shall be 

4 for 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 report required by section 209 has been made available 

14 on a publicly accessible website. 

15 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

16 For necessary expenses of U.S. Immigration and 

17 Customs Enforcement for procurement, construction, and 

18 improvements, $76,270,000, to remain available until Sep19 tember 30, 2022; of which not less than $65,970,000 shall 

20 be available for facilities repair and maintenance projects. 

21 TRANSPORTATION SECURITY ADMINISTRATION

22 OPERATIONS AND SUPPORT

23 For necessary expenses of the Transportation Secu24 rity Administration for operations and support, 

25 $7,648,384,000, to remain available until September 30, 


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1 2021: Provided, That not to exceed $7,650 shall be for 

2 official reception and representation expenses: Provided 

3 further, That security service fees authorized under section 

4 44940 of title 49, United States Code, shall be credited 

5 to this appropriation as offsetting collections and shall be 

6 available only for aviation security: Provided further, That 

7 the sum appropriated under this heading from the general 

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

9 offsetting collections are received during fiscal year 2020 

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

11 the general fund estimated at not more than 

12 $4,818,384,000. 

13 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

14 For necessary expenses of the Transportation Secu15 rity Administration for procurement, construction, and 

16 improvements, $210,405,000, to remain available until 

17 September 30, 2022. 

18 RESEARCH AND DEVELOPMENT

19 For necessary expenses of the Transportation Secu20 rity Administration for research and development, 

21 $20,902,000, to remain available until September 30, 

22 2022. 


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1 COAST GUARD

2 OPERATIONS AND SUPPORT

3 For necessary expenses of the Coast Guard for oper4 ations and support, including purchase or lease of not to 

5 exceed 25 passenger motor vehicles, which shall be for re6 placement only; purchase or lease of small boats for con7 tingent and emergent requirements (at a unit cost of not 

8 more than $700,000) and repairs and service-life replace9 ments, not to exceed a total of $31,000,000; purchase, 

10 lease, or improvements of boats necessary for overseas de11 ployments and activities; payments pursuant to section 

12 156 of Public Law 97–377 (42 U.S.C. 402 note; 96 Stat. 

13 1920); and recreation and welfare; $8,028,742,000; of 

14 which $340,000,000 shall be for defense-related activities; 

15 of which $24,500,000 shall be derived from the Oil Spill 

16 Liability Trust Fund to carry out the purposes of section 

17 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

18 2712(a)(5)); of which $5,000,000 shall remain available 

19 until September 30, 2021; and of which $13,548,000 shall 

20 remain available until September 30, 2024, for environ21 mental compliance and restoration: Provided, That not to 

22 exceed $23,000 shall be for official reception and represen23 tation expenses. 


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1 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

2 For necessary expenses of the Coast Guard for pro3 curement, construction, and improvements, including aids 

4 to navigation, shore facilities (including facilities at De5 partment of Defense installations used by the Coast 

6 Guard), and vessels and aircraft, including equipment re7 lated thereto, $1,972,256,000, to remain available until 

8 September 30, 2024; of which $20,000,000 shall be de9 rived from the Oil Spill Liability Trust Fund to carry out 

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

11 of 1990 (33 U.S.C. 2712(a)(5)); and of which 

12 $24,855,820 shall be derived from the Coast Guard Hous13 ing Fund. 

14 RESEARCH AND DEVELOPMENT

15 For necessary expenses of the Coast Guard for re16 search and development; and for maintenance, rehabilita17 tion, lease, and operation of facilities and equipment; 

18 $4,949,000, to remain available until September 30, 2021, 

19 of which $500,000 shall be derived from the Oil Spill Li20 ability Trust Fund to carry out the purposes of section 

21 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

22 2712(a)(5)): Provided, That there may be credited to and 

23 used for the purposes of this appropriation funds received 

24 from State and local governments, other public authori25 ties, private sources, and foreign countries for expenses 


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1 incurred for research, development, testing, and evalua2 tion. 

3 RETIRED PAY

4 For retired pay, including the payment of obligations 

5 otherwise chargeable to lapsed appropriations for this pur6 pose, payments under the Retired Serviceman’s Family 

7 Protection and Survivor Benefits Plans, payment for ca8 reer status bonuses, payment of continuation pay under 

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

10 receipts, combat-related special compensation, and pay11 ments for medical care of retired personnel and their de12 pendents under chapter 55 of title 10, United States Code, 

13 $1,802,309,000, to remain available until expended. 

14 UNITED STATES SECRET SERVICE

15 OPERATIONS AND SUPPORT

16 For necessary expenses of the United States Secret 

17 Service for operations and support, including purchase of 

18 not to exceed 652 vehicles for police-type use for replace19 ment only; hire of passenger motor vehicles; purchase of 

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

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

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

23 other property not in Government ownership or control, 

24 as may be necessary to perform protective functions; con25 duct of and participation in firearms matches; presenVerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931

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1 tation of awards; conduct of behavioral research in sup2 port of protective intelligence and operations; payment in 

3 advance for commercial accommodations as may be nec4 essary to perform protective functions; and payment, with5 out regard to section 5702 of title 5, United States Code, 

6 of subsistence expenses of employees who are on protective 

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

8 $2,380,504,000; of which $39,783,000 shall remain avail9 able until September 30, 2021, and of which $6,000,000 

10 shall be for a grant for activities related to investigations 

11 of missing and exploited children; Provided, That not to 

12 exceed $19,125 shall be for official reception and represen13 tation expenses: Provided further, That not to exceed 

14 $100,000 shall be to provide technical assistance and 

15 equipment to foreign law enforcement organizations in 

16 criminal investigations within the jurisdiction of the 

17 United States Secret Service. 

18 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

19 For necessary expenses of the United States Secret 

20 Service for procurement, construction, and improvements, 

21 $56,289,000, to remain available until September 30, 

22 2022. 


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1 RESEARCH AND DEVELOPMENT

2 For necessary expenses of the United States Secret 

3 Service for research and development, $10,955,000, to re4 main available until September 30, 2021. 

5 ADMINISTRATIVE PROVISIONS

6 SEC. 201. Section 201 of the Department of Home7 land Security Appropriations Act, 2018 (division F of 

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

9 limitations, shall apply with respect to funds made avail10 able in this Act in the same manner as such section ap11 plied to funds made available in that Act, except that ‘‘fis12 cal year 2020’’ shall be substituted for ‘‘fiscal year 2018’’. 

13 SEC. 202. Funding made available under the head14 ings ‘‘U.S. Customs and Border Protection—Operations 

15 and Support’’ and ‘‘U.S. Customs and Border Protec16 tion—Procurement, Construction, and Improvements’’ 

17 shall be available for customs expenses when necessary to 

18 maintain operations and prevent adverse personnel actions 

19 in Puerto Rico in addition to funding provided by section 

20 740 of title 48, United States Code. 

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

22 United States-Colombia Trade Promotion Agreement Im23 plementation Act (Public Law 112–42), fees collected 

24 from passengers arriving from Canada, Mexico, or an ad25 jacent island pursuant to section 13031(a)(5) of the ConVerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931

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1 solidated Omnibus Budget Reconciliation Act of 1985 (19 

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

3 SEC. 204. For an additional amount for ‘‘U.S. Cus4 toms and Border Protection—Operations and Support’’, 

5 $31,000,000, to remain available until expended, to be re6 duced by amounts collected and credited to this appropria7 tion in fiscal year 2019 from amounts authorized to be 

8 collected by section 286(i) of the Immigration and Nation9 ality Act (8 U.S.C. 1356(i)), section 10412 of the Farm 

10 Security and Rural Investment Act of 2002 (7 U.S.C. 

11 8311), and section 817 of the Trade Facilitation and 

12 Trade Enforcement Act of 2015 (Public Law 114–25), or 

13 other such authorizing language: Provided, That to the ex14 tent that amounts realized from such collections exceed 

15 $31,000,000, those amounts in excess of $31,000,000 

16 shall be credited to this appropriation, to remain available 

17 until expended. 

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

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

20 to prevent an individual not in the business of importing 

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

22 of the Federal Food, Drug, and Cosmetic Act) from im23 porting a prescription drug from Canada that complies 

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

25 That this section shall apply only to individuals transVerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931

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1 porting on their person a personal-use quantity of the pre2 scription drug, not to exceed a 90-day supply: Provided 

3 further, That the prescription drug may not be— 

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

5 102 of the Controlled Substances Act (21 U.S.C. 

6 802); or 

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

8 351 of the Public Health Service Act (42 U.S.C. 

9 262). 

10 SEC. 206. Notwithstanding any other provision of 

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

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

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

14 46, United States Code, for the transportation of crude 

15 oil distributed from and to the Strategic Petroleum Re16 serve until the Secretary of Homeland Security, after con17 sultation with the Secretaries of the Departments of En18 ergy and Transportation and representatives from the 

19 United States flag maritime industry, takes adequate 

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

21 Provided, That the Secretary shall notify the Committees 

22 on Appropriations of the Senate and the House of Rep23 resentatives, the Committee on Commerce, Science, and 

24 Transportation of the Senate, and the Committee on 

25 Transportation and Infrastructure of the House of RepVerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931

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1 resentatives within 2 business days of any request for 

2 waivers of navigation and vessel-inspection laws pursuant 

3 to section 501(b) of title 46, United States Code, with re4 spect to such transportation, and the disposition of such 

5 requests. 

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

7 of this Act, the Secretary of Homeland Security shall 

8 not— 

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

10 new border crossing fee on individuals crossing the 

11 Southern border or the Northern border at a land 

12 port of entry; or 

13 (2) conduct any study relating to the imposition 

14 of a border crossing fee. 

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

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

17 passenger of a private motor vehicle is required to pay 

18 for the privilege of crossing the Southern border or the 

19 Northern border at a land port of entry. 

20 SEC. 208. None of the funds provided under the 

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

22 Operations and Support’’ may be used to continue a dele23 gation of law enforcement authority authorized under sec24 tion 287(g) of the Immigration and Nationality Act (8 

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


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1 Inspector General determines that the terms of the agree2 ment governing the delegation of authority have been ma3 terially violated. 

4 SEC. 209. Not later than 45 days after the date of 

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

6 and Customs Enforcement shall submit to the Committees 

7 on Appropriations of the Senate and the House of Rep8 resentatives, and make available on a publicly accessible 

9 website, a report describing agreements pursuant to sec10 tion 287(g) of the Immigration and Nationality Act (8 

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

12 (1) detailed information relating to the commu13 nity outreach activities of each participating jurisdic14 tion pursuant to such agreement, including the 

15 membership and activities of any community-based 

16 steering committee established by such jurisdiction; 

17 (2) the number of individuals placed into re18 moval proceedings pursuant to each such agreement; 

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

20 employees of a State or political subdivision thereof 

21 under each such agreement, including the nation22 ality, level of criminality, and enforcement priority of 

23 the individuals described in paragraph (2); and 

24 (4) information relating to any future plans to 

25 increase the number of such agreements or expand 


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1 the scope of such agreements through the introduc2 tion of new operations pursuant to such section. 

3 SEC. 210. None of the funds provided under the 

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

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

6 contract for the provision of detention services if the two 

7 most recent overall performance evaluations received by 

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

9 equivalent median score in any subsequent performance 

10 evaluation system. 

11 SEC. 211. Beginning on the date that is 90 days after 

12 the date of the enactment of this Act, no Federal funds 

13 may be made available by the Department of Homeland 

14 Security to make payments under an indefinite delivery15 indefinite quantity task order contract or delivery order 

16 contract or under an inter-governmental agreement or 

17 service agreement for the procurement of detention serv18 ices unless, to the extent allowed under such contract or 

19 agreement, the Secretary— 

20 (1) modifies such contract or agreement to pro21 vide a fixed termination date; and 

22 (2) removes any option or other provision per23 mitting the Federal Government to renew or extend 

24 such contract or agreement. 


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1 SEC. 212. Members of the United States House of 

2 Representatives and the United States Senate, including 

3 the leadership; the heads of Federal agencies and commis4 sions, including the Secretary, Deputy Secretary, Under 

5 Secretaries, and Assistant Secretaries of the Department 

6 of Homeland Security; the United States Attorney Gen7 eral, Deputy Attorney General, Assistant Attorneys Gen8 eral, and the United States Attorneys; and senior mem9 bers of the Executive Office of the President, including 

10 the Director of the Office of Management and Budget, 

11 shall not be exempt from Federal passenger and baggage 

12 screening. 

13 SEC. 213. Any award by the Transportation Security 

14 Administration to deploy explosives detection systems 

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

16 other screening solutions, lobby congestion resulting in in17 creased security concerns, high injury rates, airport readi18 ness, and increased cost effectiveness. 

19 SEC. 214. Notwithstanding section 44923 of title 49, 

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

21 the Aviation Security Capital Fund established by section 

22 44923(h) of title 49, United States Code, may be used 

23 for the procurement and installation of explosives detec24 tion systems or for the issuance of other transaction agreeVerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931

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1 ments for the purpose of funding projects described in sec2 tion 44923(a) of such title. 

3 SEC. 215. None of the funds made available by this 

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

5 Support’’ shall be for expenses incurred for recreational 

6 vessels under section 12114 of title 46, United States 

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

8 of yachts and credited to the appropriation made available 

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

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

11 insufficient to pay expenses of recreational vessel docu12 mentation under such section 12114, and there is a back13 log of recreational vessel applications, personnel per14 forming non-recreational vessel documentation functions 

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

16 States Code, may perform documentation under section 

17 12114. 

18 SEC. 216. Without regard to the limitation as to time 

19 and condition of section 503(d) of this Act, after June 

20 30, up to $10,000,000 may be reprogrammed to or from 

21 the Military Pay and Allowances funding category within 

22 ‘‘Coast Guard—Operations and Support’’ in accordance 

23 with subsection (a) of section 503 of this Act. 

24 SEC. 217. Notwithstanding any other provision of 

25 law, the Commandant of the Coast Guard shall submit 


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1 to the Committees on Appropriations of the Senate and 

2 the House of Representatives a future-years capital invest3 ment plan as described in the second proviso under the 

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

5 Improvements’’ in the Department of Homeland Security 

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

7 be subject to the requirements in the third and fourth pro8 visos under such heading. 

9 SEC. 218. The United States Secret Service is au10 thorized to obligate funds in anticipation of reimburse11 ments from executive agencies, as defined in section 105 

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

13 training sponsored by the James J. Rowley Training Cen14 ter, except that total obligations at the end of the fiscal 

15 year shall not exceed total budgetary resources available 

16 under the heading ‘‘United States Secret Service—Oper17 ations and Support’’ at the end of the fiscal year. 

18 SEC. 219. No Federal funds made available to the 

19 United States Secret Service may be made available for 

20 the protection of the head of a Federal agency other than 

21 the Secretary of Homeland Security: Provided, That the 

22 Director of the United States Secret Service may enter 

23 into agreements to provide such protection on a fully reim24 bursable basis. 


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1 SEC. 220. For purposes of section 503(a)(3) of this 

2 Act, up to $15,000,000 may be reprogrammed within 

3 ‘‘United States Secret Service—Operations and Support’’. 

4 SEC. 221. Funding made available in this Act for 

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

6 is available for travel of United States Secret Service em7 ployees on protective missions without regard to the limi8 tations on such expenditures in this or any other Act if 

9 the Director of the United States Secret Service or a des10 ignee notifies the Committees on Appropriations of the 

11 Senate and the House of Representatives 10 or more days 

12 in advance, or as early as practicable, prior to such ex13 penditures. 

14 SEC. 222. Not later than 90 days after the date of 

15 the enactment of this Act, the Secretary of Homeland Se16 curity shall submit an expenditure plan for any amounts 

17 made available for ‘‘U.S. Customs and Border Protec18 tion—Procurement, Construction, and Improvements’’ in 

19 this Act and prior Acts to the Committees on Appropria20 tions of the Senate and the House of Representatives: Pro21 vided, That no such amounts may be obligated prior to 

22 the submission of such plan. 

23 SEC. 223. (a) No Federal funds may be used by the 

24 Department of Homeland Security to place in detention, 

25 remove, refer for a decision whether to initiate removal 


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1 proceedings, or initiate removal proceedings against a 

2 sponsor, potential sponsor, or member of a household of 

3 a sponsor or potential sponsor of an unaccompanied alien 

4 child (as defined in section 462(g) of the Homeland Secu5 rity Act of 2002 (6 U.S.C. 279(g))) based on information 

6 shared by the Secretary of Health and Human Services. 

7 (b) Subsection (a) shall not apply if a background 

8 check of a sponsor, potential sponsor, or member of a 

9 household of a sponsor or potential sponsor reveals— 

10 (1) a felony conviction or pending felony charge 

11 that relates to— 

12 (A) an aggravated felony (as defined in 

13 section 101(a)(43) of the Immigration and Na14 tionality Act (8 U.S.C. 1101(a)(43))); 

15 (B) child abuse; 

16 (C) sexual violence or abuse; or 

17 (D) child pornography; 

18 (2) an association with any business that em19 ploys a minor who— 

20 (A) is unrelated to the sponsor, potential 

21 sponsor, or member of a household of a sponsor 

22 or potential sponsor; and 

23 (B) is— 

24 (i) not paid a legal wage; or 


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1 (ii) unable to attend school due to the 

2 employment; or 

3 (3) an association with the organization or im4 plementation of prostitution. 

5 SEC. 224. Section 226 of the Department of Home6 land Security Appropriations Act, 2019 (division A of 

7 Public Law 116–6), related to Immigration and Customs 

8 Enforcement reporting, shall continue in effect, except 

9 that such section shall hereafter be applied by substituting 

10 ‘‘7 days after the date of enactment of the Department 

11 of Homeland Security Appropriations Act, 2020’’ for ‘‘90 

12 days after the date of enactment of this Act’’. 

13 SEC. 225. (a) The amount made available under 

14 ‘‘U.S. Customs and Border Protection—Procurement, 

15 Construction, and Improvements’’, shall be available only 

16 as follows: 

17 (1) $266,906,000 is for the acquisition and de18 ployment of border security technologies and trade 

19 and travel assets and infrastructure; 

20 (2) $28,364,000 is for facility construction and 

21 improvements; 

22 (3) $15,673,000 is for mission support assets 

23 and infrastructure; and 

24 (4) $167,019,000 is for integrated operations 

25 assets and infrastructure. 


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1 (b) Not later than 180 days after the date of the en2 actment of this Act, the Secretary of Homeland Security 

3 shall submit to the Committee on Appropriations of the 

4 Senate, and the House of Representatives, and the Comp5 troller General of the United States an updated risk-based 

6 plan for improving security along the borders of the 

7 United States that includes the elements required under 

8 subsection (a) of section 231 of division F of the Consoli9 dated Appropriations Act, 2018 (Public Law 115–141), 

10 which shall be evaluated in accordance with subsection (b) 

11 of such section. 

12 SEC. 226. 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; or 

22 (6) within historic cemeteries. 

23 SEC. 227. (a) Notwithstanding any other provision 

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


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1 of physical barriers along the southern land border of the 

2 United States during fiscal year 2020. 

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

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

5 Law 115–141, or Public Law 115–31. 

6 SEC. 228. (a) Of the total amount made available 

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

8 Operations and Support’’, $3,930,966,000 is for Enforce9 ment and Removal Operations, of which— 

10 (1) $719,680,000 is for the detention and re11 lated care of single adult aliens in the custody of 

12 U.S. Immigration and Customs Enforcement, other 

13 than such aliens who were transferred to the custody 

14 of such agency by U.S. Customs and Border Protec15 tion after being— 

16 (A) determined inadmissible at a port of 

17 entry; or 

18 (B) apprehended within 14 days of enter19 ing the United States; 

20 (2) $839,537,000 is for the detention and re21 lated care of single adult aliens in the custody of 

22 U.S. Immigration and Customs Enforcement who 

23 are not described by subsection (a)(1); 

24 (3) $148,054,000 is for fugitive operations; 


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1 (4) $285,104,000 is for the criminal alien pro2 gram; and 

3 (5) $475,471,000 is for the transportation and 

4 removal program. 

5 (b) If at any point before September 30, 2020, the 

6 Secretary of Homeland Security determines that on any 

7 date in fiscal year 2020 the anticipated total number of 

8 single adult aliens described in subsection (a)(2) will ex9 ceed: 

10 (1) the number so transferred through the com11 parable date in fiscal year 2016, and such deter12 mination is made at any point after January 1, 

13 2020, and before September 30, 2020, there is ap14 propriated as an additional amount for ‘‘U.S. Immi15 gration and Customs Enforcement—Operations and 

16 Support’’, $89,932,000, to become available on the 

17 date of the certification of such determination in ac18 cordance with subsection (d), for Enforcement and 

19 Removal Operations and to remain available until 

20 September 30, 2024, of which— 

21 (A) $74,076,000 shall be available for the 

22 purposes described in subsection (a)(2); and 

23 (B) $11,188,000 shall be available for the 

24 purposes described in subsection (a)(5); 


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1 (2) 120 percent of the number so transferred 

2 through the comparable date in fiscal year 2016, 

3 and such determination is made at any point after 

4 March 1, 2020, and before September 30, 2020, 

5 there is appropriated as an additional amount for 

6 ‘‘U.S. Immigration and Customs Enforcement—Op7 erations and Support’’, $89,934,000 to become 

8 available on the date of the certification of such de9 termination in accordance with subsection (d), for 

10 Enforcement and Removal Operations, of which— 

11 (A) $74,077,000 shall be available for the 

12 purposes described in subsection (a)(2); and 

13 (B) $11,189,000 shall be available for the 

14 purposes described in subsection (a)(5); 

15 (3) 130 percent of the number so transferred 

16 through the comparable date in fiscal year 2016, 

17 and such determination is made at any point after 

18 May 1, 2020, and before September 30, 2020, there 

19 is appropriated as an additional amount for ‘‘U.S. 

20 Immigration and Customs Enforcement—Operations 

21 and Support’’, $58,595,000 to become available on 

22 the date of the certification of such determination in 

23 accordance with subsection (d), for Enforcement and 

24 Removal Operations, of which— 


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1 (A) $42,739,000 shall be available for the 

2 purposes described in subsection (a)(2); and 

3 (B) $11,188,000 shall be available for the 

4 purposes described in subsection (a)(5); 

5 (4) 140 percent of the number so transferred 

6 through the comparable date in fiscal year 2016, 

7 and such determination is made at any point after 

8 June 1, 2020, and before September 30, 2020, there 

9 is appropriated as an additional amount for ‘‘U.S. 

10 Immigration and Customs Enforcement—Operations 

11 and Support’’, $88,712,000 to become available on 

12 the date of the certification of such determination in 

13 accordance with subsection (d), for Enforcement and 

14 Removal Operations, of which— 

15 (A) $72,856,000 shall be available for the 

16 purposes described in subsection (a)(2); and 

17 (B) $11,188,000 shall be available for the 

18 purposes described in subsection (a)(5); or 

19 (5) 150 percent of the number so transferred 

20 through the comparable date in fiscal year 2016, 

21 and such determination is made at any point after 

22 August 1, 2020, and before September 30, 2020, 

23 there is appropriated as an additional amount for 

24 ‘‘U.S. Immigration and Customs Enforcement—Op25 erations and Support’’, $59,904,000 to become 


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1 available on the date of the certification of such de2 termination in accordance with subsection (d), for 

3 Enforcement and Removal Operations, of which— 

4 (A) $44,048,000 shall be available for the 

5 purposes described in subsection (a)(2); and 

6 (B) $11,188,000 shall be available for the 

7 purposes described in subsection (a)(5). 

8 (c) The Secretary of Homeland Security shall report 

9 to the Committees on Appropriations of the Senate and 

10 the House of Representatives within 30 days of the date 

11 of enactment of this Act on the methodology for deter12 mining the anticipated custody transfers described in sub13 section (b) including a definition of single adult alien. 

14 (d) Each additional amount described in each of sub15 sections (b)(1) through (b)(5) of this section shall not be 

16 appropriated until the Secretary of Homeland Security 

17 provides to the Committees on Appropriations of the Sen18 ate and the House of Representatives, before September 

19 30, 2020— 

20 (1) a certification that the respective condition 

21 in such subsection has been met; and 

22 (2) an analysis that substantiates such certifi23 cation. 

24 (e) Each additional amount appropriated by para25 graphs (b)(1) through (b)(5) of this section shall be approVerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931

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1 priated not more than once, in accordance with the certifi2 cation requirements in subsection (d) of this section. 

3 (f) To the extent that any additional amount de4 scribed by subsection (b) is not appropriated for Enforce5 ment and Removal Operations under the conditions de6 scribed in subsections (a) through (d) before September 

7 30, 2020, such amount shall be appropriated as an addi8 tional amount for ‘‘Coast Guard—Procurement, Construc9 tion, and Improvements’’, to become available on Sep10 tember 30, 2020, and to remain available until September 

11 30, 2024, for shore facilities and aids to navigation: Pro12 vided, That the Commandant of the Coast Guard shall 

13 provide a detailed plan for the use of such funds not later 

14 than 30 days prior to the obligation of such funds. 

15 SEC. 229. (a) Any discretionary amounts appro16 priated in this Act in the current fiscal year and any fiscal 

17 year thereafter may be obligated for death gratuity pay18 ments, as authorized in subchapter II of chapter 75 of 

19 title 10, United States Code. 

20 (b) Subsection (a) shall only apply if an appropriation 

21 for ‘‘Coast Guard—Operations and Support’’ is unavail22 able for obligation for such payments. 

23 (c) Such obligations shall subsequently be recorded 

24 against appropriations that become available for ‘‘Coast 

25 Guard—Operations and Support’’. 


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1 SEC. 230. Notwithstanding section 111(d) of Public 

2 Law 107–71, any Transportation Security Administration 

3 Determination on Transportation Security Officers and 

4 Collective Bargaining in effect on January 1, 2019, and 

5 any collective bargaining agreement entered into under 

6 such determination(s) shall remain in full force and effect, 

7 unless the Administrator issues a new or updated deter8 mination and the parties mutually and voluntarily enter 

9 into a new collective bargaining agreement. 

10 SEC. 231. (a) Not later than 30 days after the date 

11 of enactment of this Act, the Secretary of Homeland Secu12 rity shall submit a report to the Committees on Appropria13 tions of the Senate and the House of Representatives on 

14 the following: 

15 (1) A plan to ensure access to legal counsel for 

16 individuals returned to Mexico under the Migrant 

17 Protection Protocols, including options for video tele18 conferencing; 

19 (2) A plan developed in consultation with the 

20 Department of State to address the safety and secu21 rity of such individuals; 

22 (3) A plan to ensure that each such individual 

23 is offered a briefing, prior to being so returned, on 

24 their legal rights and obligations, which shall be in 


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1 their primary spoken language to the greatest extent 

2 possible; 

3 (4) A plan developed in consultation with the 

4 Department of Justice for prioritizing the immigra5 tion proceedings of such individuals; and 

6 (5) Policy documents that define categories of 

7 vulnerable individuals who should not be so re8 turned, including: 

9 (A) pregnant women; 

10 (B) individuals identifying as lesbian, gay, 

11 bisexual, or transgender; and 

12 (C) mentally or physically disabled individ13 uals. 

14 (b) For purposes of this section, Migrant Protection 

15 Protocols means the actions taken by the Secretary to im16 plement the memorandum dated January 25, 2019 enti17 tled ‘‘Policy Guidance for the Implantation Implementa18 tion of the Migrant Protection Protocols’’. 


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1 TITLE III 

2 PROTECTION, PREPAREDNESS, RESPONSE, AND 

3 RECOVERY 

4 CYBERSECURITY AND INFRASTRUCTURE SECURITY

5 AGENCY

6 OPERATIONS AND SUPPORT

7 For necessary expenses of the Cybersecurity and In8 frastructure Security Agency for operations and support, 

9 $1,530,740,000, of which $21,793,000 shall remain avail10 able until September 30, 2021: Provided, That not to ex11 ceed $3,825 shall be for official reception and representa12 tion expenses. 

13 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

14 For necessary expenses of the Cybersecurity and In15 frastructure Security Agency for procurement, construc16 tion, and improvements, $474,041,000, to remain avail17 able until September 30, 2022. 

18 RESEARCH AND DEVELOPMENT

19 For necessary expenses of the Cybersecurity and In20 frastructure Security Agency for research and develop21 ment, $11,431,000, to remain available until September 

22 30, 2021. 


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1 FEDERAL EMERGENCY MANAGEMENT AGENCY

2 OPERATIONS AND SUPPORT

3 For necessary expenses of the Federal Emergency 

4 Management Agency for operations and support, 

5 $1,146,686,000: Provided, That not to exceed $2,250 

6 shall be for official reception and representation expenses. 

7 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

8 For necessary expenses of the Federal Emergency 

9 Management Agency for procurement, construction, and 

10 improvements, $113,663,000, of which $74,167,000 shall 

11 remain available until September 30, 2022, and of which 

12 $39,496,000 shall remain available until September 30, 

13 2024. 

14 FEDERAL ASSISTANCE

15 For activities of the Federal Emergency Management 

16 Agency for Federal assistance through grants, contracts, 

17 cooperative agreements, and other activities, 

18 $3,344,495,000, which shall be allocated only, notwith19 standing section 503(c) as follows: 

20 (1) $625,000,000 for the State Homeland Secu21 rity Grant Program under section 2004 of the 

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

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

24 Stonegarden, $15,000,000 shall be for Tribal Home25 land Security Grants under Section 2005 of the 


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

2 $40,000,000 shall be for organizations (as described 

3 under section 501(c)(3) of the Internal Revenue 

4 Code of 1986 and exempt from tax under section 

5 501(a) of such code) determined by the Secretary of 

6 Homeland Security to be at high risk of a terrorist 

7 attack: Provided, That notwithstanding subsection 

8 (c)(4) of such section 2004, for fiscal year 2020, the 

9 Commonwealth of Puerto Rico shall make available 

10 to local and tribal governments amounts provided to 

11 the Commonwealth of Puerto Rico under this para12 graph in accordance with subsection (c)(1) of such 

13 section 2004. 

14 (2) $700,000,000 for the Urban Area Security 

15 Initiative under section 2003 of the Homeland Secu16 rity Act of 2002 (6 U.S.C. 604), of which 

17 $50,000,000 shall be for organizations (as described 

18 under section 501(c)(3) of the Internal Revenue 

19 Code of 1986 and exempt from tax under section 

20 501(a) of such code) determined by the Secretary of 

21 Homeland Security to be at high risk of a terrorist 

22 attack. 

23 (3) $110,000,000 for Public Transportation Se24 curity Assistance, Railroad Security Assistance, and 

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1 tions 1406, 1513, and 1532 of the Implementing 

2 Recommendations of the 9/11 Commission Act of 

3 2007 (6 U.S.C. 1135, 1163, and 1182), of which 

4 $10,000,000 shall be for Amtrak security and 

5 $3,000,000 shall be for Over-the-Road Bus Security: 

6 Provided, That such public transportation security 

7 assistance shall be provided directly to public trans8 portation agencies. 

9 (4) $110,000,000 for Port Security Grants in 

10 accordance with section 70107 of title 46, United 

11 States Code. 

12 (5) $750,000,000, to remain available until 

13 September 30, 2021, of which $375,000,000 shall be 

14 for Assistance to Firefighter Grants and 

15 $375,000,000 shall be for Staffing for Adequate 

16 Fire and Emergency Response Grants under sec17 tions 33 and 34 respectively of the Federal Fire Pre18 vention and Control Act of 1974 (15 U.S.C. 2229 

19 and 2229a). 

20 (6) $375,000,000 for emergency management 

21 performance grants under the National Flood Insur22 ance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob23 ert T. Stafford Disaster Relief and Emergency As24 sistance Act (42 U.S.C. 5121), the Earthquake Haz25 ards Reduction Act of 1977 (42 U.S.C. 7701), secVerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931

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1 tion 762 of title 6, United States Code, and Reorga2 nization Plan No. 3 of 1978 (5 U.S.C. App.). 

3 (7) $263,000,000 for necessary expenses for 

4 Flood Hazard Mapping and Risk Analysis, in addi5 tion to and to supplement any other sums appro6 priated under the National Flood Insurance Fund, 

7 and such additional sums as may be provided by 

8 States or other political subdivisions for cost-shared 

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

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

11 4101(f)(2)), to remain available until expended. 

12 (8) $130,000,000 for the emergency food and 

13 shelter program under title III of the McKinney14 Vento Homeless Assistance Act (42 U.S.C. 11331), 

15 to remain available until expended: Provided, That 

16 not to exceed 3.5 percent shall be for total adminis17 trative costs. 

18 (9) $281,495,000 for training, exercises, tech19 nical assistance, and other programs. 

20 DISASTER RELIEF FUND

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.), $14,549,684,000, to remain 

24 available until expended: Provided, That of the amount 

25 provided under this heading, $14,075,000,000 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 

7 $257,000,000 of the amount provided under this heading 

8 shall be derived from unobligated balances from prior year 

9 appropriations available under this heading: Provided fur10 ther, That none of the amounts derived from unobligated 

11 balances in the previous proviso shall be from amounts 

12 that were designated by the Congress as being for an 

13 emergency requirement pursuant to a Concurrent Resolu14 tion on the budget or section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985 

16 or as being for disaster relief pursuant to section 

17 251(b)(2)(D) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 NATIONAL FLOOD INSURANCE FUND

20 For activities under the National Flood Insurance 

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

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

23 Biggert-Waters Flood Insurance Reform Act of 2012 

24 (Public Law 112–141, 126 Stat. 916), and the Home25 owner Flood Insurance Affordability Act of 2014 (Public 


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1 Law 113–89; 128 Stat. 1020), $206,166,000, to remain 

2 available until September 30, 2021, which shall be derived 

3 from offsetting amounts collected under section 1308(d) 

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

5 4015(d)); of which $13,906,000 shall be available for mis6 sion support associated with flood management; and of 

7 which $192,260,000 shall be available for flood plain man8 agement and flood mapping: Provided, That any addi9 tional fees collected pursuant to section 1308(d) of the 

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

11 4015(d)) shall be credited as offsetting collections to this 

12 account, to be available for flood plain management and 

13 flood mapping: Provided further, That in fiscal year 2020, 

14 no funds shall be available from the National Flood Insur15 ance Fund under section 1310 of the National Flood In16 surance Act of 1968 (42 U.S.C. 4017) in excess of— 

17 (1) $192,439,000 for operating expenses and 

18 salaries and expenses associated with flood insurance 

19 operations; 

20 (2) $1,151,000,000 for commissions and taxes 

21 of agents; 

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

23 Treasury borrowings; and 

24 (4) $175,000,000, which shall remain available 

25 until expended, for flood mitigation actions and for 


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1 flood mitigation assistance under section 1366 of the 

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

3 4104c), notwithstanding sections 1366(e) and 

4 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 

5 4017)(a)(7): 

6 Provided further, That the amounts collected under section 

7 102 of the Flood Disaster Protection Act of 1973 (42 

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

9 Insurance Act of 1968 (42 U.S.C. 4104c(e)), shall be de10 posited in the National Flood Insurance Fund to supple11 ment other amounts specified as available for section 1366 

12 of the National Flood Insurance Act of 1968, notwith13 standing subsection (f)(8) of section 102 of the Flood Dis14 aster Protection Act of 1973, section 1366(e) of the Na15 tional Flood Insurance Act of 1968, and paragraphs (1) 

16 through (3) of section 1367(b) of such Act (42 U.S.C. 

17 4012a(f)(8), 4104c(e), 4104d(b)(1)–(3)): Provided fur18 ther, That total administrative costs shall not exceed 4 

19 percent of the total appropriation: Provided further, That 

20 up to $5,000,000 shall be available to carry out section 

21 24 of the Homeowner Flood Insurance Affordability Act 

22 of 2014 (42 U.S.C. 4033). 

23 ADMINISTRATIVE PROVISIONS

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

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


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

2 of the amount of a grant made available in paragraphs 

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

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

5 for expenses directly related to administration of the 

6 grant. 

7 SEC. 302. Applications for grants under the heading 

8 ‘‘Federal Emergency Management Agency—Federal As9 sistance’’, for paragraphs (1) through (4), shall be made 

10 available to eligible applicants not later than 60 days after 

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

12 submit applications not later than 80 days after the grant 

13 announcement, and the Administrator of the Federal 

14 Emergency Management Agency shall act within 65 days 

15 after the receipt of an application. 

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

17 Management Agency—Federal Assistance’’, for grants 

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

19 the Federal Emergency Management Agency shall brief 

20 the Committees on Appropriations of the Senate and the 

21 House of Representatives 5 full business days in advance 

22 of announcing publicly the intention of making an award. 

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

24 Management Agency—Federal Assistance’’, for grants 

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1 nications towers is not considered construction of a build2 ing or other physical facility. 

3 SEC. 305. The reporting requirements in paragraphs 

4 (1) and (2) under the heading ‘‘Federal Emergency Man5 agement Agency—Disaster Relief Fund’’ in the Depart6 ment of Homeland Security Appropriations Act, 2015 

7 (Public Law 114–4) shall be applied in fiscal year 2020 

8 with respect to budget year 2021 and current fiscal year 

9 2020, respectively— 

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

11 year 2021’’ for ‘‘fiscal year 2016’’; and 

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

13 after ‘‘fifth’’. 

14 SEC. 306. (a) In making grants under the heading 

15 ‘‘Federal Emergency Management Agency—Federal As16 sistance’’, for Staffing for Adequate Fire and Emergency 

17 Response grants, the Secretary may grant waivers from 

18 the requirements in subsections (a)(1)(A), (a)(1)(B), 

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

20 Federal Fire Prevention and Control Act of 1974 (15 

21 U.S.C. 2229a). 

22 (b) For grants made under the heading ‘‘Federal 

23 Emergency Management Agency—Firefighter Assistance 

24 Grants’’ in division F of Public Law 114–113, the Sec25 retary may extend the period of performance described in 


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1 subsection (a)(1)(B) of such section 34 for up to one addi2 tional year. 

3 (c) For purposes of subsection (b)— 

4 (1) subsections (a)(1)(E)(iii) and (c)(4)(C) of 

5 such section 34 shall also apply to such additional 

6 year of such period of performance; and 

7 (2) the authority provided shall only apply to 

8 any such grant award that remains open on the date 

9 of enactment of this Act. 

10 SEC. 307. The aggregate charges assessed during fis11 cal year 2019, as authorized in title III of the Depart12 ments of Veterans Affairs and Housing and Urban Devel13 opment, and Independent Agencies Appropriations Act, 

14 1999 (42 U.S.C. 5196e), shall not be less than 100 per15 cent of the amounts anticipated by the Department of 

16 Homeland Security to be necessary for its Radiological 

17 Emergency Preparedness Program for the next fiscal year: 

18 Provided, That the methodology for assessment and collec19 tion of fees shall be fair and equitable and shall reflect 

20 costs of providing such services, including administrative 

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

22 fees shall be deposited in a Radiological Emergency Pre23 paredness Program account as offsetting collections and 

24 will become available for authorized purposes on October 

25 1, 2020, and remain available until expended. 


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1 SEC. 308. (a) The time limit in section 206.40(d) of 

2 title 44, Code of Federal Regulations, shall not apply to 

3 the re-submission of a request for assistance under section 

4 408 of the Robert T. Stafford Disaster Relief and Emer5 gency Assistance Act (42 U.S.C. 5174) related to the re6 moval of debris from an owner-occupied private residence 

7 or property for a major disaster declared by the President 

8 in accordance with such Act on or after May 1, 2018, and 

9 before the date of enactment of this Act. 

10 (b) The Administrator of the Federal Emergency 

11 Management Agency shall reconsider any re-submission 

12 under subsection (a) as if such submission were made 

13 within the time limit. 

14 TITLE IV 

15 RESEARCH, DEVELOPMENT, TRAINING, AND 

16 SERVICES 

17 U.S. CITIZENSHIP AND IMMIGRATION SERVICES

18 OPERATIONS AND SUPPORT

19 For necessary expenses of U.S. Citizenship and Im20 migration Services for operations and support 

21 $170,655,000; of which $123,522,000 shall be for the E22 Verify Program; of which $11,271,000 shall be for the Of23 fice of Citizenship; and of which $35,862,000 shall be for 

24 the Systematic Alien Verification for Entitlements pro25 gram. 


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1 FEDERAL ASSISTANCE

2 For necessary expenses of U.S. Citizenship and Im3 migration Services for Federal assistance for the Citizen4 ship and Integration Grant Program, $10,000,000. 

5 FEDERAL LAW ENFORCEMENT TRAINING CENTERS

6 OPERATIONS AND SUPPORT

7 For necessary expenses of the Federal Law Enforce8 ment Training Centers for operations and support, includ9 ing the purchase of not to exceed 117 vehicles for police10 type use and hire of passenger motor vehicles, and services 

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

12 Code, $308,803,000, of which $46,349,000 shall remain 

13 available until September 30, 2021: Provided, That not 

14 to exceed $7,180 shall be for official reception and rep15 resentation expenses. 

16 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

17 For necessary expenses of the Federal Law Enforce18 ment Training Centers for procurement, construction, and 

19 improvements, $59,288,000, to remain available until Sep20 tember 30, 2024. 

21 SCIENCE AND TECHNOLOGY DIRECTORATE

22 OPERATIONS AND SUPPORT

23 For necessary expenses of the Science and Tech24 nology Directorate for operations and support, including 

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


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1 $314,672,000, of which $171,232,000 shall remain avail2 able until September 30, 2021: Provided, That not to ex3 ceed $10,000 shall be for official reception and representa4 tion expenses. 

5 RESEARCH AND DEVELOPMENT

6 For necessary expenses of the Science and Tech7 nology Directorate for research and development, 

8 $351,008,000, to remain available until September 30, 

9 2022. 

10 COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

11 OPERATIONS AND SUPPORT

12 For necessary expenses of the Countering Weapons 

13 of Mass Destruction Office for operations and support, 

14 $180,620,000: Provided, That not to exceed $2,250 shall 

15 be for official reception and representation expenses. 

16 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

17 For necessary expenses of the Countering Weapons 

18 of Mass Destruction Office for procurement, construction, 

19 and improvements, $121,988,000, to remain available 

20 until September 30, 2022. 

21 RESEARCH AND DEVELOPMENT

22 For necessary expenses of the Countering Weapons 

23 of Mass Destruction Office for research and development, 

24 $67,681,000, to remain available until September 30, 

25 2022. 


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1 FEDERAL ASSISTANCE

2 For necessary expenses of the Countering Weapons 

3 of Mass Destruction Office for Federal assistance through 

4 grants, contracts, cooperative agreements, and other ac5 tivities, $64,663,000, to remain available until September 

6 30, 2022. 

7 ADMINISTRATIVE PROVISIONS

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 401. Notwithstanding any other provision of 

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

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

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

13 only, for areas where the Administrator of General Serv14 ices does not provide vehicles for lease: Provided, That the 

15 Director of U.S. Citizenship and Immigration Services 

16 may authorize employees who are assigned to those areas 

17 to use such vehicles to travel between the employees’ resi18 dences and places of employment. 

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

20 may be used to process or approve a competition under 

21 Office of Management and Budget Circular A–76 for serv22 ices provided by employees (including employees serving 

23 on a temporary or term basis) of U.S. Citizenship and Im24 migration Services of the Department of Homeland Secu25 rity who are known as Immigration Information Officers, 


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1 Immigration Service Analysts, Contact Representatives, 

2 Investigative Assistants, or Immigration Services Officers. 

3 SEC. 403. The Director of the Federal Law Enforce4 ment Training Centers is authorized to distribute funds 

5 to Federal law enforcement agencies for expenses incurred 

6 participating in training accreditation. 

7 SEC. 404. The Federal Law Enforcement Training 

8 Accreditation Board, including representatives from the 

9 Federal law enforcement community and non-Federal ac10 creditation experts involved in law enforcement training, 

11 shall lead the Federal law enforcement training accredita12 tion process to continue the implementation of measuring 

13 and assessing the quality and effectiveness of Federal law 

14 enforcement training programs, facilities, and instructors. 

15 SEC. 405. The Director of the Federal Law Enforce16 ment Training Centers may accept transfers to the ac17 count established by section 407(a) of division F of the 

18 Consolidated Appropriations Act, 2018 (Public Law 115– 

19 141) from Government agencies requesting the construc20 tion of special use facilities, as authorized by the Economy 

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

22 Enforcement Training Centers maintain administrative 

23 control and ownership upon completion of such facilities. 

24 SEC. 406. The functions of the Federal Law Enforce25 ment Training Centers instructor staff shall be classified 


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1 as inherently governmental for purposes of the Federal 

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

3 note). 

4 SEC. 407. None of the funds deposited into the Immi5 gration Examinations Fee Account, as described in section 

6 1356(m) of title 8, United States Code, may be trans7 ferred to or made available for the use of U.S. Immigra8 tion and Customs Enforcement. 

9 SEC. 408. (a) Section 540 of title V of division D 

10 of the Consolidated Security, Disaster Assistance, and 

11 Continuing Appropriations Act, 2009 (Public Law 110– 

12 329; 122 Stat. 3688) is repealed. 

13 (b) Section 538 of title V of division D of the Consoli14 dated Appropriations Act, 2012 (Public Law 112–74; 125 

15 Stat. 976) is repealed. 

16 TITLE V 

17 GENERAL PROVISIONS 

18 (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

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

20 this Act shall remain available for obligation beyond the 

21 current fiscal year unless expressly so provided herein. 

22 SEC. 502. Subject to the requirements of section 503 

23 of this Act, the unexpended balances of prior appropria24 tions provided for activities in this Act may be transferred 

25 to appropriation accounts for such activities established 


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1 pursuant to this Act, may be merged with funds in the 

2 applicable established accounts, and thereafter may be ac3 counted for as one fund for the same time period as origi4 nally enacted. 

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

6 provided by previous appropriations Acts to the compo7 nents in or transferred to the Department of Homeland 

8 Security that remain available for obligation or expendi9 ture in fiscal year 2020, or provided from any accounts 

10 in the Treasury of the United States derived by the collec11 tion of fees available to the components funded by this 

12 Act, shall be available for obligation or expenditure 

13 through a reprogramming of funds that— 

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

15 activity, or increases funds for any program, project, 

16 or activity for which funds have been denied or re17 stricted by the Congress; 

18 (2) contracts out any function or activity pres19 ently performed by Federal employees or any new 

20 function or activity proposed to be performed by 

21 Federal employees in the President’s budget pro22 posal for fiscal year 2020 for the Department of 

23 Homeland Security; 


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1 (3) augments funding for existing programs, 

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

3 percent, whichever is less; 

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

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

6 or more; or 

7 (5) results from any general savings from a re8 duction in personnel that would result in a change 

9 in funding levels for programs, projects, or activities 

10 as approved by the Congress. 

11 (b) Subsection (a) shall not apply if the Committees 

12 on Appropriations of the Senate and the House of Rep13 resentatives are notified at least 15 days in advance of 

14 such reprogramming. 

15 (c) Up to 5 percent of any appropriation made avail16 able for the current fiscal year for the Department of 

17 Homeland Security by this Act or provided by previous 

18 appropriations Acts may be transferred between such ap19 propriations if the Committees on Appropriations of the 

20 Senate and the House of Representatives are notified at 

21 least 30 days in advance of such transfer, but no such 

22 appropriation, except as otherwise specifically provided, 

23 shall be increased by more than 10 percent by such trans24 fer. 


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1 (d) Notwithstanding subsections (a), (b), and (c), no 

2 funds shall be reprogrammed within or transferred be3 tween appropriations based upon an initial notification 

4 provided after June 30, except in extraordinary cir5 cumstances that imminently threaten the safety of human 

6 life or the protection of property. 

7 (e) The notification thresholds and procedures set 

8 forth in subsections (a), (b), (c), and (d) shall apply to 

9 any use of deobligated balances of funds provided in pre10 vious Department of Homeland Security Appropriations 

11 Acts that remain available for obligation in the current 

12 year. 

13 (f) Subsection (c) shall not apply to ‘‘U.S. Immigra14 tion and Customs Enforcement — Operations and Sup15 port’’ for Enforcement and Removal Operations. 

16 SEC. 504. Section 504 of the Department of Home17 land Security Appropriations Act, 2017 (division F of 

18 Public Law 115–31), related to the operations of a work19 ing capital fund, shall apply with respect to funds made 

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

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

22 That funds from such working capital fund may be obli23 gated and expended in anticipation of reimbursements 

24 from departmental components 


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1 SEC. 505. Except as otherwise specifically provided 

2 by law, not to exceed 50 percent of unobligated balances 

3 remaining available at the end of fiscal year 2020, as re4 corded in the financial records at the time of a reprogram5 ming notification, but not later than June 30, 2021, from 

6 appropriations for ‘‘Operations and Support’’ for fiscal 

7 year 2020 in this Act shall remain available through Sep8 tember 30, 2021, in the account and for the purposes for 

9 which the appropriations were provided: Provided, That 

10 prior to the obligation of such funds, a notification shall 

11 be submitted to the Committees on Appropriations of the 

12 Senate and the House of Representatives in accordance 

13 with section 503 of this Act. 

14 SEC. 506. Funds made available by this Act for intel15 ligence activities are deemed to be specifically authorized 

16 by the Congress for purposes of section 504 of the Na17 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

18 year 2020 until the enactment of an Act authorizing intel19 ligence activities for fiscal year 2020. 

20 SEC. 507. (a) The Secretary of Homeland Security, 

21 or the designee of the Secretary, shall notify the Commit22 tees on Appropriations of the Senate and the House of 

23 Representatives at least 3 full business days in advance 

24 of— 


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1 (1) making or awarding a grant allocation, 

2 grant, contract, other transaction agreement, or task 

3 or delivery order on a Department of Homeland Se4 curity multiple award contract, or to issue a letter 

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

6 (2) awarding a task or delivery order requiring 

7 an obligation of funds in an amount greater than 

8 $10,000,000 from multi-year Department of Home9 land Security funds; 

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

11 (4) announcing publicly the intention to make 

12 or award items under paragraph (1), (2), or (3), in13 cluding a contract covered by the Federal Acquisi14 tion Regulation. 

15 (b) If the Secretary of Homeland Security determines 

16 that compliance with this section would pose a substantial 

17 risk to human life, health, or safety, an award may be 

18 made without notification, and the Secretary shall notify 

19 the Committees on Appropriations of the Senate and the 

20 House of Representatives not later than 5 full business 

21 days after such an award is made or letter issued. 

22 (c) A notification under this section— 

23 (1) may not involve funds that are not available 

24 for obligation; and 


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

2 fiscal year for which the funds for the award were 

3 appropriated; the type of contract; and the account 

4 from which the funds are being drawn. 

5 SEC. 508. Notwithstanding any other provision of 

6 law, no agency shall purchase, construct, or lease any ad7 ditional facilities, except within or contiguous to existing 

8 locations, to be used for the purpose of conducting Federal 

9 law enforcement training without advance notification to 

10 the Committees on Appropriations of the Senate and the 

11 House of Representatives, except that the Federal Law 

12 Enforcement Training Centers is authorized to obtain the 

13 temporary use of additional facilities by lease, contract, 

14 or other agreement for training that cannot be accommo15 dated in existing Centers facilities. 

16 SEC. 509. None of the funds appropriated or other17 wise made available by this Act may be used for expenses 

18 for any construction, repair, alteration, or acquisition 

19 project for which a prospectus otherwise required under 

20 chapter 33 of title 40, United States Code, has not been 

21 approved, except that necessary funds may be expended 

22 for each project for required expenses for the development 

23 of a proposed prospectus. 

24 SEC. 510. Sections 520 and 530 of the Department 

25 of Homeland Security Appropriations Act, 2008 (division 


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1 E of Public Law 110–161; 121 Stat. 2073 and 2074) shall 

2 apply with respect to funds made available in this Act in 

3 the same manner as such sections applied to funds made 

4 available in that Act. 

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

6 Act may be used in contravention of the applicable provi7 sions of the Buy American Act: Provided, That for pur8 poses of the preceding sentence, the term ‘‘Buy American 

9 Act’’ means chapter 83 of title 41, United States Code. 

10 SEC. 512. None of the funds made available in this 

11 Act may be used to amend the oath of allegiance required 

12 by section 337 of the Immigration and Nationality Act 

13 (8 U.S.C. 1448). 

14 SEC. 513. None of the funds provided or otherwise 

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

16 section 872 of the Homeland Security Act of 2002 (6 

17 U.S.C. 452) unless explicitly authorized by the Congress. 

18 SEC. 514. None of the funds made available in this 

19 Act may be used for planning, testing, piloting, or devel20 oping a national identification card. 

21 SEC. 515. Any official that is required by this Act 

22 to report or to certify to the Committees on Appropria23 tions of the Senate and the House of Representatives may 

24 not delegate such authority to perform that act unless spe25 cifically authorized herein. 


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1 SEC. 516. None of the funds made available in this 

2 Act may be used for first-class travel by the employees 

3 of agencies funded by this Act in contravention of sections 

4 301–10.122 through 301–10.124 of title 41, Code of Fed5 eral Regulations. 

6 SEC. 517. Notwithstanding any other provision of 

7 this Act, none of the funds appropriated or otherwise 

8 made available by this Act may be used to pay award or 

9 incentive fees for contractor performance that has been 

10 judged to be below satisfactory performance or perform11 ance that does not meet the basic requirements of a con12 tract. 

13 SEC. 518. None of the funds appropriated or other14 wise made available by this Act may be used by the De15 partment of Homeland Security to enter into any Federal 

16 contract unless such contract is entered into in accordance 

17 with the requirements of subtitle I of title 41, United 

18 States Code, or chapter 137 of title 10, United States 

19 Code, and the Federal Acquisition Regulation, unless such 

20 contract is otherwise authorized by statute to be entered 

21 into without regard to the above referenced statutes. 

22 SEC. 519. (a) None of the funds made available in 

23 this Act may be used to maintain or establish a computer 

24 network unless such network blocks the viewing, 

25 downloading, and exchanging of pornography. 


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

2 funds necessary for any Federal, State, tribal, or local law 

3 enforcement agency or any other entity carrying out crimi4 nal investigations, prosecution, or adjudication activities. 

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

6 Act may be used by a Federal law enforcement officer to 

7 facilitate the transfer of an operable firearm to an indi8 vidual if the Federal law enforcement officer knows or sus9 pects that the individual is an agent of a drug cartel unless 

10 law enforcement personnel of the United States continu11 ously monitor or control the firearm at all times. 

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

13 Act may be used to pay for the travel to or attendance 

14 of more than 50 employees of a single component of the 

15 Department of Homeland Security, who are stationed in 

16 the United States, at a single international conference un17 less the Secretary of Homeland Security, or a designee, 

18 determines that such attendance is in the national interest 

19 and notifies the Committees on Appropriations of the Sen20 ate and the House of Representatives within at least 10 

21 days of that determination and the basis for that deter22 mination: Provided, That for purposes of this section the 

23 term ‘‘international conference’’ shall mean a conference 

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1 eign governments, international organizations, or non2 governmental organizations: Provided further, That the 

3 total cost to the Department of Homeland Security of any 

4 such conference shall not exceed $500,000. 

5 SEC. 522. None of the funds made available in this 

6 Act may be used to reimburse any Federal department 

7 or agency for its participation in a National Special Secu8 rity Event. 

9 SEC. 523. None of the funds made available to the 

10 Department of Homeland Security by this or any other 

11 Act may be obligated for any structural pay reform that 

12 affects more than 100 full-time positions or costs more 

13 than $5,000,000 in a single year before the end of the 

14 30-day period beginning on the date on which the Sec15 retary of Homeland Security submits to Congress a notifi16 cation that includes— 

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

18 such change; 

19 (2) funding required for such change for the 

20 current year and through the Future Years Home21 land Security Program; 

22 (3) justification for such change; and 

23 (4) an analysis of compensation alternatives to 

24 such change that were considered by the Depart25 ment. 


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1 SEC. 524. (a) Any agency receiving funds made avail2 able in this Act shall, subject to subsections (b) and (c), 

3 post on the public website of that agency any report re4 quired to be submitted by the Committees on Appropria5 tions of the Senate and the House of Representatives in 

6 this Act, upon the determination by the head of the agency 

7 that it shall serve the national interest. 

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

9 (1) the public posting of the report com10 promises homeland or national security; or 

11 (2) the report contains proprietary information. 

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

13 do so only after such report has been made available to 

14 the Committees on Appropriations of the Senate and the 

15 House of Representatives for not less than 45 days except 

16 as otherwise specified in law. 

17 SEC. 525. (a) Funding provided in this Act for ‘‘Op18 erations and Support’’ may be used for minor procure19 ment, construction, and improvements. 

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

21 to end items with a unit cost of $250,000 or less for per22 sonal property, and $2,000,000 or less for real property. 

23 SEC. 526. The authority provided by section 532 of 

24 the Department of Homeland Security Appropriations 

25 Act, 2018 (Public Law 115–141) regarding primary and 


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1 secondary schooling of dependents shall continue in effect 

2 during fiscal year 2020. 

3 SEC. 527. (a) For an additional amount for ‘‘Federal 

4 Emergency Management Agency—Federal Assistance’’, 

5 $41,000,000, to remain available until September 30, 

6 2021, exclusively for providing reimbursement of extraor7 dinary law enforcement personnel costs for protection ac8 tivities directly and demonstrably associated with any resi9 dence of the President that is designated or identified to 

10 be secured by the United States Secret Service. 

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

12 Department of Homeland Security Appropriations Act, 

13 2018 (Public Law 115–141), shall be applied with respect 

14 to amounts made available by subsection (a) of this section 

15 by substituting ‘‘October 1, 2020’’ for ‘‘October 1, 2018’’ 

16 and ‘‘October 1, 2019’’ for ‘‘October 1, 2017’’. 

17 SEC. 528. (a) None of the funds appropriated or oth18 erwise made available to the Department of Homeland Se19 curity by this Act may be used to prevent any of the fol20 lowing persons from entering, for the purpose of con21 ducting oversight, any facility operated by or for the De22 partment of Homeland Security used to detain or other23 wise house aliens, or to make any temporary modification 

24 at any such facility that in any way alters what is observed 

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1 ployee, compared to what would be observed in the absence 

2 of such modification: 

3 (1) A Member of Congress. 

4 (2) An employee of the United States House of Rep5 resentatives or the United States Senate designated by 

6 such a Member for the purposes of this section. 

7 (b) Nothing in this section may be construed to re8 quire a Member of Congress to provide prior notice of the 

9 intent to enter a facility described in subsection (a) for 

10 the purpose of conducting oversight. 

11 (c) With respect to individuals described in subsection 

12 (a)(2), the Department of Homeland Security may require 

13 that a request be made at least 24 hours in advance of 

14 an intent to enter a facility described in subsection (a). 

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

16 none of the funds made available to the Department of 

17 Homeland Security may be used to place restraints on a 

18 woman in the custody of the Department of Homeland Se19 curity (including during transport, in a detention facility, 

20 or at an outside medical facility) who is pregnant or in 

21 post-delivery recuperation. 

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

23 pregnant woman if— 


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1 (1) an appropriate official of the Department of 

2 Homeland Security makes an individualized deter3 mination that the woman— 

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

5 cannot be prevented by other means; or 

6 (B) poses an immediate and serious threat 

7 to harm herself or others that cannot be pre8 vented by other means; or 

9 (2) a medical professional responsible for the 

10 care of the pregnant woman determines that the use 

11 of therapeutic restraints is appropriate for the med12 ical safety of the woman. 

13 (c) If a pregnant woman is restrained pursuant to 

14 subsection (b), only the safest and least restrictive re15 straints, as determined by the appropriate medical profes16 sional treating the woman, may be used. In no case may 

17 restraints be used on a woman who is in active labor or 

18 delivery, and in no case may a pregnant woman be re19 strained in a face-down position with four-point restraints, 

20 on her back, or in a restraint belt that constricts the area 

21 of the pregnancy. A pregnant woman who is immobilized 

22 by restraints shall be positioned, to the maximum extent 

23 feasible, on her left side. 

24 SEC. 530. None of the funds made available to the 

25 Department of Homeland Security may be used to destroy 


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1 any document, recording, or other record pertaining to any 

2 potential sexual assault or abuse perpetrated against any 

3 individual held in the custody of the Department of Home4 land Security. 

5 SEC. 531. Section 513 of division F of Public Law 

6 114–113, regarding a prohibition on funding for any posi7 tion designated as a Principal Federal Official, shall apply 

8 with respect to funds made available in this Act in the 

9 same manner as such section applied to funds made avail10 able in that Act. 

11 SEC. 532. Notwithstanding the numerical limitation 

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

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

14 of Homeland Security, after consultation with the Sec15 retary of Labor, and upon the determination that the 

16 needs of American businesses cannot be satisfied in fiscal 

17 year 2020 with United States workers who are willing, 

18 qualified, and able to perform temporary nonagricultural 

19 labor, shall increase the total number of aliens who may 

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

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

22 above such limitation by not more than the highest num23 ber of H–2B nonimmigrants who participated in the H– 

24 2B returning worker program in any fiscal year in which 


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1 returning workers were exempt from such numerical limi2 tation. 

3 SEC. 533. In fiscal year 2020, nonimmigrants shall 

4 be admitted to the United States under section 

5 101(a)(15)(H)(ii)(a) of the Immigration and Nationality 

6 Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform agricul7 tural labor or services, without regard to whether such 

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

9 SEC. 534. No Federal funds may be made available 

10 to the Secretary of Homeland Security or to the head of 

11 any other Federal department or agency to implement, ad12 minister, enforce, or carry out (including through the 

13 issuance of any regulations) any of the policy changes set 

14 forth in the following documents (or any substantially 

15 similar policy changes issued or taken on or after the date 

16 of enactment of this Act, whether set forth in memo17 randum, Executive order, regulation, directive, or by other 

18 action): 

19 (1) U.S. Citizenship and Immigration Services 

20 Policy Memo 602-0162, dated July 11, 2018. 

21 (2) The memorandum from the Principal Legal 

22 Advisor on Litigating Domestic Violence-Based Per23 secution Claims Following Matter of A-B-, dated 

24 July 11, 2018. 


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1 (3) Executive Order 13780, issued on March 6, 

2 2017. 

3 (4) Presidential Proclamation 9645, issued on 

4 September 24, 2017. 

5 (5) Executive Order 13815, issued on October 

6 24, 2017. 

7 (6) The proposed rule by the Department of 

8 Homeland Security entitled ‘‘Inadmissibility on Pub9 lic Charge Grounds’’ that was entered in the Federal 

10 Register on October 10, 2018. 

11 (7) The Interim Final Rule published November 

12 9, 2018, entitled, ‘‘Aliens Subject to a Bar Under 

13 Certain Presidential Proclamations, Procedures for 

14 Protection Claims’’ (83 Fed. Reg. 55934). 

15 (8) Presidential Proclamation 9822, issued on 

16 November 9, 2018. 

17 (9) The Migrant Protection Protocols an18 nounced by the Secretary of Homeland Security on 

19 December 20, 2018, and any subsequent revisions to 

20 those protocols. 

21 (10) DHS Policy Memorandum 602-0169, or 

22 any other agency policy memorandum implementing 

23 the protocols described in such policy memorandum. 

24 (11) Any regulation, policy, guideline, or prac25 tice applying the provisions of section 235(b)(2)(C) 


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1 of the Immigration and Nationality Act (8 U.S.C. 

2 1225(b)(2)(C)) to nationals of noncontiguous coun3 tries. 

4 SEC. 535. (a) No Federal funds may be made avail5 able to the Secretary of Homeland Security or to the head 

6 of any other Federal department or agency to place in de7 tention, remove, refer for removal, or initiate removal pro8 ceedings against, any individuals who were approved by 

9 the Secretary of Homeland Security to participate in the 

10 Deferred Action for Childhood Arrivals initiative, as delin11 eated in the June 15, 2012, memorandum entitled ‘‘Exer12 cising Prosecutorial Discretion with Respect to Individuals 

13 Who Came to the United States as Children’’, or individ14 uals granted temporary protected status under section 244 

15 of the Immigration and Nationality Act (8 U.S.C. 1254a), 

16 except that this prohibition shall not apply with respect 

17 to an individual who no longer qualifies either for deferred 

18 action under such initiative or for temporary protected 

19 status under such section 244. 

20 (b) None of the funds appropriated or otherwise 

21 made available by this Act may be used by U.S. Immigra22 tion and Customs Enforcement or by U.S. Customs and 

23 Border Protection to conduct raids or other immigration 

24 enforcement activities at or within 1,000 feet of any of 


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1 the following locations against persons unlawfully present 

2 in the United States: 

3 (1) Public and private preschools. 

4 (2) Public and private elementary or secondary 

5 schools. 

6 (3) Postsecondary schools, including colleges 

7 and universities. 

8 (4) Other institutions of learning, including 

9 trade and vocational schools. 

10 (5) Scholastic or education-related activities or 

11 events. 

12 (6) Bus stops. 

13 (7) Licensed adult or child day care facilities. 

14 (8) Medical treatment or health care facilities, 

15 including hospitals, community health centers, and 

16 health clinics. 

17 (9) Federal, State, or local courthouses, includ18 ing the office of an individual’s legal counsel or rep19 resentative, and probation offices. 

20 (10) Congressional offices. 

21 (11) Public assistance offices. 

22 (12) Social Security offices. 

23 (13) U.S. Citizenship and Immigration Services 

24 offices. 


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1 (14) Facilities of organizations that assist chil2 dren, pregnant women, victims of crime or abuse, or 

3 individuals with significant mental or physical dis4 abilities, including domestic violence shelters, rape 

5 crisis centers, supervised visitation centers, family 

6 justice centers, and victim services providers. 

7 (15) Facilities of organizations that provide dis8 aster or emergency social services and assistance, in9 cluding food banks and homeless shelters. 

10 (16) Sites of funerals, weddings, or other public 

11 religious ceremonies. 

12 (17) Places of religious worship, including 

13 churches, synagogues, mosques, gurdwaras, and 

14 buildings rented for religious services. 

15 (18) Indoor and outdoor premises of depart16 ments of motor vehicles. 

17 (19) Food banks. 

18 (20) Community centers. 

19 (c) The prohibition in subsection (b) shall not apply 

20 in the case of officers or agents of either such agency exe21 cuting a judicial warrant. 

22 (RESCISSIONS)

23 SEC. 536. Of the funds appropriated to the Depart24 ment of Homeland Security, the following funds are here25 by rescinded from the following accounts and programs 


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1 in the specified amounts: Provided, That no amounts may 

2 be rescinded from amounts that were designated by the 

3 Congress as an emergency requirement pursuant to a con4 current resolution on the budget or the Balanced Budget 

5 and Emergency Deficit Control Act of 1985 (Public Law 

6 99–177): 

7 (1) $20,000,000 from Public Law 115–141 

8 under the heading ‘‘Customs and Border Protec9 tion—Procurement, Construction and Improve10 ment’’. 

11 (2) $601,000,000 from Public Law 116–6 

12 under the heading ‘‘Customs and Border Protec13 tion—Procurement, Construction, and Improve14 ment’’. 

15 (3) $10,000,000 from ‘‘Customs and Border 

16 Protection—Automation Modernization’’ account 

17 70X0531. 

18 (4) $10,000,000 from ‘‘Customs and Border 

19 Protection—Border Security, Fencing, Infrastruc20 ture, and Technology’’ account 70X0533. 

21 (5) $4,000,000 from ‘‘Customs and Border 

22 Protection—Construction’’ account 70X0532. 

23 (6) $500,000 from Public Law 114–113 under 

24 the heading ‘‘Coast Guard—Acquisition, Construc25 tion, and Improvements’’. 


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1 (7) $6,000,000 from Public Law 115–31 under 

2 the heading ‘‘Coast Guard—Acquisition, Construc3 tion and Improvements’’. 

4 (8) $5,000,000 from Public Law 115–141 

5 under the heading ‘‘Coast Guard—Research, Devel6 opment, Test, and Evaluation’’. 

7

8 This Act may be cited as the ‘‘Department of Home9 land Security Appropriations Act, 2020’’. 


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Union Calendar No. 139 

116TH CONGRESS 

1ST SESSION H. R. 3931 

[Report No. 116–180] 

A BILL 

Making appropriations for the Department of 

September 30, 2020, and for other purposes. Homeland Security for the fiscal year ending 

JULY 24, 2019 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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