Title: Department of Homeland Security Appropriations Act, 2021
Policy area: Emergency Management

Summary:
Department of Homeland Security Appropriations Act, 2021
This bill provides FY2021 appropriations for the Department of Homeland Security.
The bill provides appropriations for Departmental Management, Operations, Intelligence, and Oversight, including
The bill provides appropriations for Security, Enforcement, and Investigations, including
The bill provides appropriations for Protection, Preparedness, Response, and Recovery, including
The bill provides appropriations for Research, Development, Training, and Services, including
The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations Acts.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7669 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 368
116th CONGRESS
  2d Session
                                H. R. 7669

                          [Report No. 116-458]

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2021, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2020

 Ms. Roybal-Allard, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2021, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Homeland Security for the fiscal 
year ending September 30, 2021, and for other purposes, namely:

                                TITLE I

    DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

            Office of the Secretary and Executive Management

                         operations and support

    For necessary expenses of the Office of the Secretary and for 
executive management for operations and support, $151,868,000; of which 
$20,000,000 shall be for the Office of the Ombudsman for Immigration 
Detention, of which $5,000,000 shall remain available until September 
30, 2022; and of which $10,000,000 shall be withheld from obligation 
until the date on which the Secretary publishes the first semi-monthly 
data required in section 106(d) of this Act and submits the first 
annual report required in section 106(e) of division D of Public Law 
116-93:  Provided, That not to exceed $30,000 shall be for official 
reception and representation expenses.

                         Management Directorate

                         operations and support

    For necessary expenses of the Management Directorate for operations 
and support, $1,401,757,000:  Provided, That not to exceed $2,000 shall 
be for official reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Management Directorate for 
procurement, construction, and improvements, $359,450,000, of which 
$159,611,000 shall remain available until September 30, 2023; and of 
which $199,839,000 shall remain available until September 30, 2025.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally owned and leased buildings and 
for the operations of the Federal Protective Service.

          Intelligence, Analysis, and Operations Coordination

                         operations and support

    For necessary expenses of the Office of Intelligence and Analysis 
and the Office of Operations Coordination for operations and support, 
$311,263,000, of which $82,620,000 shall remain available until 
September 30, 2022:  Provided, That not to exceed $3,825 shall be for 
official reception and representation expenses and not to exceed 
$2,000,000 is available for facility needs associated with secure space 
at fusion centers, including improvements to buildings.

                    Office of the Inspector General

                         operations and support

    For necessary expenses of the Office of Inspector General for 
operations and support, $190,186,000: Provided, That not to exceed 
$300,000 may be used for certain confidential operational expenses, 
including the payment of informants, to be expended at the direction of 
the Inspector General.

                       Administrative Provisions

    Sec. 101. (a) The Secretary of Homeland Security shall submit a 
report not later than October 15, 2021, to the Inspector General of the 
Department of Homeland Security listing all grants and contracts 
awarded by any means other than full and open competition during fiscal 
years 2020 or 2021.
    (b) The Inspector General shall review the report required by 
subsection (a) to assess departmental compliance with applicable laws 
and regulations and report the results of that review to the Committees 
on Appropriations of the Senate and the House of Representatives not 
later than February 15, 2022.
    Sec. 102.  Not later than 30 days after the last day of each month, 
the Chief Financial Officer of the Department of Homeland Security 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives a monthly budget and staffing report that 
includes total obligations of the Department for that month and for the 
fiscal year at the appropriation and program, project, and activity 
levels, by the source year of the appropriation.
    Sec. 103.  The Secretary of Homeland Security shall require that 
all contracts of the Department of Homeland Security that provide award 
fees link such fees to successful acquisition outcomes, which shall be 
specified in terms of cost, schedule, and performance.
    Sec. 104. (a) The Secretary of Homeland Security, in consultation 
with the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the Senate and the House of Representatives of any 
proposed transfers of funds available under section 9705(g)(4)(B) of 
title 31, United States Code, from the Department of the Treasury 
Forfeiture Fund to any agency within the Department of Homeland 
Security.
    (b) None of the funds identified for such a transfer may be 
obligated until the Committees on Appropriations of the Senate and the 
House of Representatives are notified of the proposed transfer.
    (c) The funds available under such section may not be obligated for 
the construction of border security infrastructure.
    Sec. 105.  All official costs associated with the use of Government 
aircraft by Department of Homeland Security personnel to support 
official travel of the Secretary and the Deputy Secretary shall be paid 
from amounts made available for the Office of the Secretary.
    Sec. 106. (a) The Secretary of Homeland Security shall establish 
metrics and collect data for assessing each modality through which 
aliens are removed, expelled, extradited, or otherwise involuntarily 
returned to Mexico or to a third country with respect to making an 
asylum claim for all such modalities that were implemented by the 
Department of Homeland Security after January 1, 2019. Such data shall 
include:
            (1) For aliens removed, expelled, extradited, or otherwise 
        involuntarily returned--
                    (A) the country to which the alien is removed, 
                expelled, extradited or returned;
                    (B) whether the alien was a member of a family 
                unit;
                    (C) the nationality of the alien;
                    (D) the gender of the alien;
                    (E) the age of the alien;
                    (F) the port of entry, Border Patrol Sector, or 
                city and State, as appropriate, in which the alien was 
                apprehended or processed;
                    (G) the departmental component and office 
                responsible for such apprehension or processing;
                    (H) whether the alien belongs to a vulnerable 
                group, as defined by the Secretary in collaboration 
                with the Office of Civil Rights and Civil Liberties, 
                and the vulnerable group to the which the alien 
                belongs;
                    (I) whether the alien expresses fear, disaggregated 
                by the number who receive a positive fear determination 
                based on an interview by an asylum officer;
                    (J) whether the alien is represented by legal 
                counsel;
                    (K) the location and facility type in which the 
                alien was detained; and
            (2) For aliens returned to Mexico--
                    (A) the number who appear at a port of entry to 
                attend immigration adjudication proceedings;
                    (B) the number scheduled to appear at a port of 
                entry for such proceedings who do not so appear;
                    (C) the outcomes of such proceedings, including 
                data on the number of removals ordered in absentia;
                    (D) the number who remain overnight in the United 
                States following such proceedings; and
                    (E) the number who subsequently reenter without 
                inspection, disaggregated by adults and children who 
                reenter unaccompanied.
    (b) For the purposes of this section, the term ``fear'' shall refer 
to credible or reasonable fear of:
            (1) persecution, as defined in section 235(b)(1)(B)(v) of 
        the Immigration and Nationality Act; or
            (2) torture, as defined in section 208.31 of title 8, Code 
        of Federal Regulations (as in effect on January 1, 2020).
    (c) No Federal funds may be obligated or expended to implement a 
return modality for purposes of an alien establishing an asylum claim 
in a third country until the Secretary has certified to Congress that 
such third country has the capacity to assess asylum claims and safely 
resettle such claimants.
    (d) Beginning not later than 30 days after the date of enactment of 
this Act, the Secretary shall publish on a semi-monthly basis not less 
than the previous 12 months of the data required to be collected by 
subsection (a) as of the last date of each reporting period on a 
publicly available website of the Department in a downloadable, 
searchable, and sortable format.
    Sec. 107. (a) The Secretary of Homeland Security shall conduct a 
comprehensive study to determine the extent of human trafficking in the 
United States, consistent with the conclusions of the consultation 
under subsection (b).
    (b) Prior to commencing the study, the Secretary shall carry out 
the following activities in consultation with such Federal departments 
and agencies and State and local government entities as the Secretary 
determines appropriate--
            (1) determine the appropriate time period for the study to 
        consider;
            (2) determine what information regarding the incidence of 
        human trafficking is currently reported to any Federal 
        department or agency, and the availability of such information;
            (3) take appropriate actions to obtain such information, 
        consistent with privacy protection laws and considerations and, 
        where such information cannot be obtained, promptly report to 
        Congress such unavailability;
            (4) determine what additional information from State and 
        local government entities is necessary to complete the study; 
        and
            (5) enter into agreements with such States or local 
        governments providing for the reporting of such information.
    (c) The Secretary shall provide a report to Congress on the results 
of the study required by subsection (a), which shall also include:
            (1) the estimated number of human trafficking victims 
        disaggregated by--
                    (A) whether the victim was trafficked within a 
                State; and
                    (B) whether the victim was trafficked in interstate 
                commerce; and
            (2) a description of industries and geographical regions in 
        which the practice of human trafficking is most prevalent.
    Sec. 108. (a) The Secretary of Homeland Security shall establish 
and implement pilot programs under which Mexican nationals admitted as 
nonimmigrant visitors in a State pursuant to the requirements described 
in sections 212.1(c)(1)(i) and 235.1(h)(v)(A) or (C) of title 8, Code 
of Federal Regulations, shall, notwithstanding the geographic 
limitations described in such section 235.1(h)(v)(A) or (C), be 
permitted to travel within the boundaries of such State for a period 
not to exceed 30 days, as applicable.
    (b) The pilot programs described in subsection (a) shall begin not 
later than 90 days after the date of enactment of this Act and 
terminate five years thereafter.
    Sec. 109. (a) The Secretary shall provide a quarterly travel report 
to the Committees on Appropriations of the Senate and the House of 
Representatives detailing all costs for the prior quarter for travel by 
the Secretary and Deputy Secretary, disaggregated by funding source, 
indirect costs, direct costs, official travel, and nonofficial travel.
    (b) The first report required under subsection (a) shall be 
provided not later than 30 days after the end of each fiscal quarter, 
beginning with the end of the first quarter beginning after the date of 
enactment of this Act.
    Sec. 110. (a) No Federal funds may be obligated for any pilot or 
demonstration program that uses more than 5 full time equivalents or 
costs in excess of $1,000,000 until 30 days after the Secretary of 
Homeland Secretary provides the following to the Committees on 
Appropriations of the Senate and the House of Representatives for such 
program:
            (1) Objectives that are well-defined and measurable;
            (2) An assessment methodology that details--
                    (A) the type and source of assessment data;
                    (B) the methods for and frequency of collecting 
                such data; and
                    (C) how such data will be analyzed;
            (3) An implementation plan, including milestones, a cost 
        estimate, and schedule, including an end date; and
            (4) A signed interagency agreement or memorandum of 
        agreement for any pilot or demonstration program involving the 
        participation of more than one Department of Homeland Security 
        component or that of an entity not part of such Department.
    (b) Not later than 30 days after the date of completion of a pilot 
or demonstration program, the Secretary of Homeland Security shall 
provide a report to Committees on Appropriations of the Senate and the 
House of Representatives detailing lessons learned, actual costs, and 
any planned expansion or continuation of the pilot or demonstration 
program.
    (c) For the purposes of this section, a pilot or demonstration 
program is a policy implementation, study, demonstration, experimental 
program, or trial that is a small-scale, short-term experiment 
conducted in order to evaluate feasibility, duration, costs, or adverse 
events, and improve upon the design of an effort prior to 
implementation of a larger scale effort.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

                     (including transfers of funds)

    For necessary expenses of U.S. Customs and Border Protection for 
operations and support, including the transportation of unaccompanied 
minor aliens; the provision of air and marine support to Federal, 
State, local, and international agencies in the enforcement or 
administration of laws enforced by the Department of Homeland Security; 
at the discretion of the Secretary of Homeland Security, the provision 
of such support to Federal, State, and local agencies in other law 
enforcement and emergency humanitarian efforts; the purchase and lease 
of up to 7,500 (6,500 for replacement only) police-type vehicles; the 
purchase, maintenance, or operation of marine vessels, aircraft, and 
unmanned aerial systems; and contracting with individuals for personal 
services abroad; $13,240,238,000; of which $3,274,000 shall be derived 
from the Harbor Maintenance Trust Fund for administrative expenses 
related to the collection of the Harbor Maintenance Fee pursuant to 
section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland 
Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $500,000,000 shall 
be available until September 30, 2022; and of which such sums as become 
available in the Customs User Fee Account, except sums subject to 
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; 
and of which $172,000,000 is for additional Office of Field Operations 
staffing:  Provided, That not to exceed $34,425 shall be for official 
reception and representation expenses:  Provided further, That not to 
exceed $150,000 shall be available for payment for rental space in 
connection with preclearance operations:  Provided further, That not to 
exceed $2,000,000 shall be for awards of compensation to informants, to 
be accounted for solely under the certificate of the Secretary of 
Homeland Security:  Provided further, That not to exceed $5,000,000 may 
be transferred to the Bureau of Indian Affairs for the maintenance and 
repair of roads on Native American reservations used by the U.S. Border 
Patrol:  Provided further, That, not to exceed $75,000,000 shall be 
transferred to the United States Fish and Wildlife Service for 
mitigation activities, including land acquisition, related to the 
construction of border barriers on Federal lands:  Provided further, 
That of the funds made available under this heading for the Executive 
Leadership and Oversight program, project, and activity, $5,000,000 
shall be withheld from obligation until the Commissioner of U.S. 
Customs and Border Protection submits the report required by section 
209(b).

              procurement, construction, and improvements

    For necessary expenses of U.S. Customs and Border Protection for 
procurement, construction, and improvements, including procurement of 
marine vessels, aircraft, and unmanned aerial systems, $877,547,000, of 
which $750,148,000 shall remain available until September 30, 2023, and 
of which $127,399,000 shall remain available until September 30, 2025.

                U.S. Immigration and Customs Enforcement

                         operations and support

                     (including transfer of funds)

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for operations and support, including the purchase and lease of up to 
3,790 (2,350 for replacement only) police-type vehicles; overseas 
vetted units; and maintenance, minor construction, and minor leasehold 
improvements at owned and leased facilities; $7,308,449,000; of which 
not less than $6,000,000 shall remain available until expended for 
efforts to enforce laws against forced child labor; of which not less 
than $1,500,000 is for paid apprenticeships for participants in the 
Human Exploitation Rescue Operative Child-Rescue Corps; of which not 
less than $15,000,000 shall be available for investigation of 
intellectual property rights violations, including operation of the 
National Intellectual Property Rights Coordination Center; of which 
$3,305,292,000 shall be for enforcement and removal operations, 
including transportation of unaccompanied minor aliens; and of which 
$317,613,000 shall be for the Office of the Principal Legal Advisor:  
Provided, That not to exceed $11,475 shall be for official reception 
and representation expenses:  Provided further, That not to exceed 
$10,000,000 shall be available until expended for conducting special 
operations under section 3131 of the Customs Enforcement Act of 1986 
(19 U.S.C. 2081):  Provided further, That not to exceed $2,000,000 
shall be for awards of compensation to informants, to be accounted for 
solely under the certificate of the Secretary of Homeland Security:  
Provided further, That not to exceed $11,216,000 shall be available to 
fund or reimburse other Federal agencies for the costs associated with 
the care, maintenance, and repatriation of smuggled aliens unlawfully 
present in the United States:  Provided further, That of the funds made 
available under this heading, $10,000,000 shall be withheld from 
obligation until the second obligation and expenditure plan directed by 
the Committee report accompanying this Act has been submitted:  
Provided further, That of the funds made available under this heading 
for the Office of the Principal Legal Advisor, $10,000,000 shall be 
withheld from obligation until the Secretary submits the certifications 
described in section 218(b):  Provided further, That of the funds made 
available under this heading for enforcement and removal operations, 
$615,898,000 shall be withheld from obligation while the ``Order Under 
Sections 362 and 365 of the Public Health Service Act (42 U.S.C. 265, 
268); Order Suspending Introduction of Certain Persons From Countries 
Where a Communicable Disease Exists'' issued on March 20, 2020, and 
published on March 26, 2020, in the Federal Register, remains in 
effect, including any extensions of such order:  Provided further, That 
the amount in the previous proviso shall become available on a pro rata 
basis corresponding to the number of days remaining in the fiscal year 
at the time such order (or any extension of such order) is no longer in 
effect:  Provided further, That any amount withheld from obligation as 
of September 20, 2021 resulting from the previous two provisos, shall 
be transferred as an additional amount to ``Coast Guard--Procurement, 
Construction, and Improvements'', to become available on September 20, 
2021, and to remain available until September 30, 2025, for shore 
facilities and aids to navigation:  Provided further, That the 
Commandant of the Coast Guard shall provide a detailed plan for the use 
of such funds not later than 30 days prior to the obligation of such 
funds.

              procurement, construction, and improvements

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for procurement, construction, and improvements, $97,799,000, of which 
$24,538,000 shall remain available until September 30, 2023, and of 
which $73,261,000 shall remain available until September 30, 2025.

                 Transportation Security Administration

                         operations and support

    For necessary expenses of the Transportation Security 
Administration for operations and support, $7,927,407,000, to remain 
available until September 30, 2022:  Provided, That not to exceed 
$7,650 shall be for official reception and representation expenses:  
Provided further, That security service fees authorized under section 
44940 of title 49, United States Code, shall be credited to this 
appropriation as offsetting collections and shall be available only for 
aviation security:  Provided further, That the sum appropriated under 
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal 
year 2021 so as to result in a final fiscal year appropriation from the 
general fund estimated at not more than $4,987,407,000.

              procurement, construction, and improvements

    For necessary expenses of the Transportation Security 
Administration for procurement, construction, and improvements, 
$154,492,000, to remain available until September 30, 2023.

                        research and development

    For necessary expenses of the Transportation Security 
Administration for research and development, $29,524,000, to remain 
available until September 30, 2022.

                              Coast Guard

                         operations and support

    For necessary expenses of the Coast Guard for operations and 
support including the Coast Guard Reserve; purchase or lease of not to 
exceed 25 passenger motor vehicles, which shall be for replacement 
only; purchase or lease of small boats for contingent and emergent 
requirements (at a unit cost of not more than $700,000) and repairs and 
service-life replacements, not to exceed a total of $31,000,000; 
purchase, lease, or improvements of boats necessary for overseas 
deployments and activities; payments pursuant to section 156 of Public 
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and 
welfare; $8,560,267,000, of which $555,000,000 shall be for defense-
related activities, of which $215,000,000 is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 and shall be available only if the President 
subsequently so designates such amount and transmits such designation 
to Congress; of which $24,500,000 shall be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of 
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which 
$5,000,000 shall remain available until September 30, 2023; and of 
which $21,212,000 shall remain available until September 30, 2025, for 
environmental compliance and restoration; and of which $70,000,000 
shall remain available until September 30, 2022, for vessel depot level 
maintenance:  Provided, That not to exceed $23,000 shall be for 
official reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Coast Guard for procurement, 
construction, and improvements, including aids to navigation, shore 
facilities (including facilities at Department of Defense installations 
used by the Coast Guard), and vessels and aircraft, including equipment 
related thereto, $2,158,791,000, to remain available until September 
30, 2025; of which $20,000,000 shall be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of 
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).

                        research and development

    For necessary expenses of the Coast Guard for research and 
development; and for maintenance, rehabilitation, lease, and operation 
of facilities and equipment; $8,276,000, to remain available until 
September 30, 2023, of which $500,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):  
Provided, That there may be credited to and used for the purposes of 
this appropriation funds received from State and local governments, 
other public authorities, private sources, and foreign countries for 
expenses incurred for research, development, testing, and evaluation.

                              retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under 
the Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, payment of continuation pay under 
section 356 of title 37, United States Code, concurrent receipts, 
combat-related special compensation, and payments for medical care of 
retired personnel and their dependents under chapter 55 of title 10, 
United States Code, $1,869,704,000, to remain available until expended.

                      United States Secret Service

                         operations and support

    For necessary expenses of the United States Secret Service for 
operations and support, including purchase of not to exceed 652 
vehicles for police-type use for replacement only; hire of passenger 
motor vehicles; purchase of motorcycles made in the United States; hire 
of aircraft; rental of buildings in the District of Columbia; fencing, 
lighting, guard booths, and other facilities on private or other 
property not in Government ownership or control, as may be necessary to 
perform protective functions; conduct of and participation in firearms 
matches; presentation of awards; conduct of behavioral research in 
support of protective intelligence and operations; payment in advance 
for commercial accommodations as may be necessary to perform protective 
functions; and payment, without regard to section 5702 of title 5, 
United States Code, of subsistence expenses of employees who are on 
protective missions, whether at or away from their duty stations; 
$2,368,553,000; of which $39,763,000 shall remain available until 
September 30, 2022, and of which $6,000,000 shall be for a grant for 
activities related to investigations of missing and exploited children: 
 Provided, That not to exceed $19,125 shall be for official reception 
and representation expenses:  Provided further, That not to exceed 
$100,000 shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in criminal investigations within 
the jurisdiction of the United States Secret Service.

              procurement, construction, and improvements

    For necessary expenses of the United States Secret Service for 
procurement, construction, and improvements, $52,306,000, to remain 
available until September 30, 2023.

                        research and development

    For necessary expenses of the United States Secret Service for 
research and development, $11,937,000, to remain available until 
September 30, 2022.

                       Administrative Provisions

    Sec. 201.  Section 201 of the Department of Homeland Security 
Appropriations Act, 2018 (division F of Public Law 115-141), related to 
overtime compensation limitations, shall apply with respect to funds 
made available in this Act in the same manner as such section applied 
to funds made available in that Act, except that ``fiscal year 2021'' 
shall be substituted for ``fiscal year 2018''.
    Sec. 202.  Funding made available under the headings ``U.S. Customs 
and Border Protection--Operations and Support'' and ``U.S. Customs and 
Border Protection--Procurement, Construction, and Improvements'' shall 
be available for customs expenses when necessary to maintain operations 
and prevent adverse personnel actions in Puerto Rico and the U.S. 
Virgin Islands, in addition to funding provided by section 740 and 
1406i of title 48, United States Code.
    Sec. 203.  As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an 
adjacent island pursuant to section 13031(a)(5) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall 
be available until expended.
    Sec. 204. (a) For an additional amount for ``U.S. Customs and 
Border Protection--Operations and Support'', $31,000,000, to remain 
available until expended, to be reduced by amounts collected and 
credited to this appropriation in fiscal year 2021 from amounts 
authorized to be collected by section 286(i) of the Immigration and 
Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of 
the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 
114-25), or other such authorizing language.
    (b) To the extent that amounts realized from such collections 
exceed $31,000,000, those amounts in excess of $31,000,000 shall be 
credited to this appropriation, to remain available until expended.
    Sec. 205.  None of the funds made available in this Act for U.S. 
Customs and Border Protection may be used to prevent an individual not 
in the business of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from 
importing a prescription drug from Canada that complies with the 
Federal Food, Drug, and Cosmetic Act:  Provided, That this section 
shall apply only to individuals transporting on their person a 
personal-use quantity of the prescription drug, not to exceed a 90-day 
supply:  Provided further, That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).
    Sec. 206.  Notwithstanding any other provision of law, none of the 
funds provided in this or any other Act shall be used to approve a 
waiver of the navigation and vessel-inspection laws pursuant to section 
501(b) of title 46, United States Code, for the transportation of crude 
oil distributed from and to the Strategic Petroleum Reserve until the 
Secretary of Homeland Security, after consultation with the Secretaries 
of the Departments of Energy and Transportation and representatives 
from the United States flag maritime industry, takes adequate measures 
to ensure the use of United States flag vessels:  Provided, That the 
Secretary shall notify the Committees on Appropriations of the Senate 
and the House of Representatives, the Committee on Commerce, Science, 
and Transportation of the Senate, and the Committee on Transportation 
and Infrastructure of the House of Representatives within 2 business 
days of any request for waivers of navigation and vessel-inspection 
laws pursuant to section 501(b) of title 46, United States Code, with 
respect to such transportation, and the disposition of such requests.
    Sec. 207. (a) Beginning on the date of enactment of this Act, the 
Secretary of Homeland Security shall not--
            (1) establish, collect, or otherwise impose any new border 
        crossing fee on individuals crossing the Southern border or the 
        Northern border at a land port of entry; or
            (2) conduct any study relating to the imposition of a 
        border crossing fee.
    (b) In this section, the term ``border crossing fee'' means a fee 
that every pedestrian, cyclist, and driver and passenger of a private 
motor vehicle is required to pay for the privilege of crossing the 
Southern border or the Northern border at a land port of entry.
    Sec. 208.  Not later than 90 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit an 
expenditure plan for any amounts made available for ``U.S. Customs and 
Border Protection--Procurement, Construction, and Improvements'' in 
this Act and prior Acts to the Committees on Appropriations of the 
Senate and the House of Representatives:  Provided, That no such 
amounts may be obligated prior to the submission of such plan.
    Sec. 209. (a) Of the total amount made available under ``U.S. 
Customs and Border Protection--Procurement, Construction, and 
Improvements'', $897,547,000 shall be available only as follows:
            (1) $593,110,000 for the acquisition and deployment of 
        border security technologies and trade and travel assets and 
        infrastructure;
            (2) $127,399,000 for facility construction and 
        improvements;
            (3) $124,409,000 for integrated operations assets and 
        infrastructure; and
            (4) $32,629,000 for mission support and infrastructure.
    (b) Not later than 180 days after the date of enactment of this 
Act, the Secretary of Homeland Security shall submit to the Committee 
on Appropriations of the Senate, the Committee on Appropriations of the 
House of Representatives, and the Comptroller General of the United 
States an updated risk-based plan for improving security along the 
borders of the United States that includes the elements required under 
subsection (a) of section 231 of division F of the Consolidated 
Appropriations Act, 2018 (Public Law 115-141), which shall be evaluated 
in accordance with subsection (b) of such section.
    Sec. 210.  Federal funds may not be made available for the 
construction of fencing--
            (1) within the Santa Ana Wildlife Refuge;
            (2) within the Bentsen-Rio Grande Valley State Park;
            (3) within La Lomita Historical park;
            (4) within the National Butterfly Center;
            (5) within or east of the Vista del Mar Ranch tract of the 
        Lower Rio Grande Valley National Wildlife Refuge;
            (6) within historic cemeteries;
            (7) within any site on the National Register of Historic 
        Places;
            (8) within any real property owned by the Sacred Heart 
        Children's Home in Laredo, Texas;
            (9) within the Lower Rio Grande Valley National Wildlife 
        Refuge; or
            (10) within 1 mile of historic sites along the Los Caminos 
        del Rio Heritage Corridor.
    Sec. 211. (a) Notwithstanding any other provision of law, no 
Federal funds may be used for the construction of physical barriers 
along the southern land border of the United States during fiscal year 
2021.
    (b) Subsection (a) shall not apply to amounts made available for 
such purpose by Public Law 116-6, Public Law 115-141, Public Law 115-
31, or Public Law 116-93.
    Sec. 212. (a) No Federal funds may be used for the construction of 
physical barriers within the jurisdictional limits of a city or the 
geographical limits or of a census designated place described in 
subsection (d).
    (b) Subsection (a) shall not apply if the Secretary of Homeland 
Security has ---
            (1) issued a notice for public comment on the proposed 
        construction of barriers for a comment period of not fewer than 
        60 days;
            (2) published in the Federal Register its responses to the 
        comments received along with its plans for construction in the 
        areas identified in the notice to which it is responding not 
        later than 90 days following the end of such comment period; 
        and
            (3) consulted with the local elected officials of such city 
        or place regarding the design and alignment of physical 
        barriers within such city or place (as the case may be), 
        including barriers at or adjacent to ports of entry.
    (c) The consultation required under subsection (b)(3) shall 
continue until September 30, 2021, unless agreement on design and 
alignment is reached earlier, but may be extended beyond that date by 
agreement of the parties.
    (d) The cities and census designated places described in this 
subsection are as follows:
            (1) The cities of:
                    (A) Laredo, Texas;
                    (B) Rio Bravo, Texas;
                    (C) El Cenizo, Texas;
                    (D) Zapata, Texas;
                    (E) Roma, Texas;
                    (F) Escobares, Texas;
                    (G) Rio Grand City, Texas;
                    (H) La Grulla, Texas; and
            (2) The census designated places of:
                    (A) San Ygnacio, Texas;
                    (B) Ramireno, Texas;
                    (C) Chapeno, Texas;
                    (D) Salineno, Texas;
                    (E) Fronton, Texas; and
                    (F) Garceno, Texas.
    Sec. 213.  None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to continue a delegation of law enforcement authority authorized 
under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) if the Department of Homeland Security Inspector General or 
the U.S. Government Accountability Office determines that the terms of 
the agreement governing the delegation of authority have been 
materially violated.
    Sec. 214. (a) None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to continue any contract for the provision of detention services 
if the two most recent overall performance evaluations received by the 
contracted facility are less than ``adequate'' or the equivalent median 
score in any subsequent performance evaluation system.
    (b) Beginning not later than January 1, 2021, the performance 
evaluations referenced in subsection (a) shall be conducted by the U.S. 
Immigration and Customs Enforcement Office of Professional 
Responsibility.
    Sec. 215.  No Federal funds may be used to place in detention, 
remove, refer for a decision whether to initiate removal proceedings, 
or initiate removal proceedings against any individual--
            (1) who provides or has provided information to a federal 
        employee or contractor related to facilitating the sponsorship 
        of an unaccompanied alien child (as defined in section 462(g) 
        of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) or the 
        reunification of such child with a family member; or
            (2) based on information gathered in therapy sessions 
        conducted while in the custody of the Office of Refugee 
        Resettlement.
    Sec. 216.  Not later than 45 days after the date of enactment of 
this Act, the Director of U.S. Immigration and Customs Enforcement 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives, and make available on a publicly accessible 
website, a report describing agreements pursuant to section 287(g) of 
the Immigration and Nationality Act (8 U.S.C. 1357(g)) which shall 
include --
            (1) detailed information relating to the community outreach 
        activities of each participating jurisdiction pursuant to such 
        agreement, including the membership and activities of any 
        community-based steering committee established by such 
        jurisdiction;
            (2) the number of individuals placed into removal 
        proceedings pursuant to each such agreement;
            (3) data on the performance of the officers or employees of 
        a State or political subdivision thereof under each such 
        agreement, including the nationality and level of criminality 
        of the individuals described in paragraph (2); and
            (4) information relating to any future plans to increase 
        the number of such agreements or expand the scope of such 
        agreements through the introduction of new operations pursuant 
        to such section.
    Sec. 217.  Not later than 7 days after the date of enactment of 
this Act and updated semimonthly thereafter, the Director of U.S. 
Immigration and Customs Enforcement shall make available a report, on a 
publicly accessible website in a downloadable, searchable, and sortable 
format, with not less than the previous twelve months of semimonthly 
data as of the last date of each such reporting period; on--
            (1) aliens detained by such agency, including data 
        disaggregated by single adults and members of family units, as 
        well as by whether the individual self-identifies as 
        transgender, on--
                    (A) the average fiscal year-to-date daily 
                populations of aliens detained;
                    (B) the daily count of aliens detained;
                    (C) the fiscal year-to-date total for book-ins;
                    (D) the average lengths of stay, including average 
                post-determination length of stay in the case of 
                detainees described in subparagraph (F);
                    (E) the number transferred to the custody of U.S. 
                Immigration and Customs Enforcement by U.S. Customs and 
                Border Protection after being--
                            (i) deemed inadmissible at a port of entry 
                        or after being apprehended within 14 days of 
                        entering the United States; or
                            (ii) arrested by U.S. Immigration and 
                        Customs Enforcement;
                    (F) the number determined to have a credible or 
                reasonable fear of--
                            (i) persecution, as defined in section 
                        235(b)(1)(B)(v) of the Immigration and 
                        Nationality Act; or
                            (ii) torture, as defined in section 208.30 
                        of title 8, Code of Federal Regulations (as in 
                        effect on January 1, 2018);
                    (G) the number who have been issued a Notice to 
                Appear pursuant to section 239 of the Immigration and 
                Nationality Act, disaggregated by single adults and 
                members of family units;
                    (H) the average lengths of stay, including average 
                post-determination length of stay in the case of 
                detainees described in subparagraph (F), for 
                individuals who remain in detention as of the last date 
                of each such reporting period; and
                    (I) the number who have been in detention, 
                disaggregated by the number of detainees described in 
                subparagraph (F), for each of the following--
                            (i) over two years;
                            (ii) from over one year to two years;
                            (iii) from over six months to one year; and
                            (iv) for less than six months;
            (2) the total number of enrollees in the Alternatives to 
        Detention program and the average length of participation, 
        disaggregated by--
                    (A) single adults and family heads of household;
                    (B) participants in the family case management 
                program;
                    (C) level of supervision; and
                    (D) location of supervision, by field office;
            (3) for each facility where aliens are detained by U.S. 
        Immigration and Customs Enforcement--
                    (A) the address;
                    (B) the field offices that assign detainees to the 
                facility;
                    (C) the detailed facility type, as defined in the 
                integrated decision support system;
                    (D) the gender of aliens detained;
                    (E) the average daily population of detainees 
                within each detainee classification level, as defined 
                in the integrated decision support system;
                    (F) the average daily population of individuals 
                within each threat level, as defined in the integrated 
                decision support system;
                    (G) the average daily population within each 
                criminality category, as defined in the integrated 
                decision support system, disaggregated by gender;
                    (H) the average length of stay;
                    (I) the average daily population of individuals 
                whose detention is classified as mandatory;
                    (J) the performance standards to which the facility 
                is held;
                    (K) the date of the two most recent inspections, 
                the entity that performed each inspection, and a 
                detailed summary of the results of such inspections; 
                and
                    (L) the guaranteed minimum detention capacity, if 
                applicable; and
            (4) the total number of releases from custody, by condition 
        of release, and total number of removals, disaggregated by 
        adult facilities and family facilities.
    Sec. 218. (a) Not later than 30 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall--
            (1) ensure that individuals who are placed in proceedings 
        under section 240 of the Immigration and Nationality Act (8 
        U.S.C. 1229a) have--
                    (A) unimpaired access to legal counsel, including 
                prospective legal counsel;
                    (B) opportunities for prospective pro-bono legal 
                counsel to be accessible to such individuals; and
                    (C) meaningful opportunities to consult with legal 
                counsel prior to required appearances for such 
                proceedings; and
            (2) implement a program to conduct a Know Your Rights 
        presentation for all individuals who are--
                    (A) presenting for immigration hearings at land 
                ports of entry; and
                    (B) placed into expedited removal proceedings under 
                section 235 of the Immigration and Nationality Act (8 
                U.S.C. 1225(b)(1)) who indicate an intention to apply 
                for asylum or a fear of persecution.
    (b) Not later than 30 days after the date of enactment of this Act, 
the Secretary and the Director of the Office of Civil Rights and Civil 
Liberties shall each certify to the Committees on Appropriations of the 
Senate and the House of Representatives as to whether the requirements 
under subsection (a) have been satisfied.
    Sec. 219. (a) Notwithstanding section 236(c) of the Immigration and 
Nationality Act (8 U.S.C. 1226(c)), no Federal funds may be used by the 
Department of Homeland Security to detain an individual for more than 
20 days unless such individual is determined by the Director of U.S. 
Immigration and Customs Enforcement, following an individualized 
assessment, to pose a threat to public safety or to be a flight risk.
    (b) In the case of an individual who self-identifies as 
transgender--
            (1) the assessment described in subsection (a) shall 
        require the concurrence of the Immigration Detention Ombudsman; 
        and
            (2) the maximum period of detention described in subsection 
        (a) may not exceed 5 days.
    (c) Notwithstanding subsections (a) and (b), no Federal funds may 
be obligated to detain an individual who self-identifies as transgender 
in any facility that is not contractually obligated to meet, at a 
minimum, the requirements described in Attachment 1 of the June 19, 
2015, U.S. Immigration and Customs Enforcement memorandum entitled, 
``Further Guidance Regarding the Care of Transgender Individuals'' 
unless such individual declines placement in such a facility after 
being informed of the opportunity to do so.
    (d) Not later than 30 days after the date of enactment of this Act, 
the Director shall provide the Committees on Appropriations of the 
Senate and the House of Representatives the defined metrics used to 
make such assessments.
    Sec. 220. (a) None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to engage in civil immigration enforcement activities, such as 
arrests, detentions, removals, or the processing or issuance of 
charging documents, using Homeland Security Investigations personnel or 
resources absent probable cause that the individual facing such 
enforcement action has committed a criminal offense not solely related 
to migration or immigration status.
    (b) For purposes of this section, criminal offenses solely related 
to migration or immigration status include any offense for which 
penalties may be imposed pursuant to sections 243, 264, 266(a) or (b), 
275, or 276 of the Immigration and Nationality Act.
    Sec. 221.  No Federal funds may be used for the detention or 
removal of any alien until there is a final denial of the alien's 
application for status after the exhaustion of administrative and 
judicial review, if such individual--
            (1) has a pending application under section 101(a)(15)(T), 
        101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3) (as in effect on 
        March 31, 1997) of the Immigration and Nationality Act; or
            (2) is a VAWA self-petitioner, as defined in section 
        101(a)(51) of the Immigration and Nationality Act, with a 
        pending application for relief under a provision referred to in 
        one of subparagraphs (A) through (G) of such section, or 
        section 101(a)(27)(J) of such Act.
    Sec. 222.  Members of the United States House of Representatives 
and the United States Senate, including the leadership; the heads of 
Federal agencies and commissions, including the Secretary, Deputy 
Secretary, Under Secretaries, and Assistant Secretaries of the 
Department of Homeland Security; the United States Attorney General, 
Deputy Attorney General, Assistant Attorneys General, and the United 
States Attorneys; and senior members of the Executive Office of the 
President, including the Director of the Office of Management and 
Budget, shall not be exempt from Federal passenger and baggage 
screening.
    Sec. 223.  Any award by the Transportation Security Administration 
to deploy explosives detection systems shall be based on risk, the 
airport's current reliance on other screening solutions, lobby 
congestion resulting in increased security concerns, high injury rates, 
airport readiness, and increased cost effectiveness.
    Sec. 224.  Notwithstanding section 44923 of title 49, United States 
Code, for fiscal year 2020, any funds in the Aviation Security Capital 
Fund established by section 44923(h) of title 49, United States Code, 
may be used for the procurement and installation of explosives 
detection systems or for the issuance of other transaction agreements 
for the purpose of funding projects described in section 44923(a) of 
such title.
    Sec. 225.  Not later than 30 days after the submission of the 
President's budget proposal, the Administrator of the Transportation 
Security Administration shall submit to the Committees on 
Appropriations and Commerce, Science, and Transportation of the Senate 
and the Committees on Appropriations and Homeland Security in the House 
of Representatives a single report that fulfills the following 
requirements:
            (1) a Capital Investment Plan (CIP) that includes a plan 
        for continuous and sustained capital investment in new, and the 
        replacement of aged, transportation security equipment;
            (2) the 5-year technology investment plan as required by 
        section 1611 of title XVI of the Homeland Security Act of 2002, 
        as amended by section 3 of the Transportation Security 
        Acquisition Reform Act (Public Law 113-245); and
            (3) the Advanced Integrated Passenger Screening 
        Technologies report as required by the Senate Report 
        accompanying the Department of Homeland Security Appropriations 
        Act, 2019 (Senate Report 115-283).
    Sec. 226.  Section 225 of division A of Public Law 116-6 (49 U.S.C. 
44901 note; relating to a pilot program for screening outside of an 
existing primary passenger terminal screening area) is amended in 
subsection (e) by striking ``2021'' and inserting ``2023''.
    Sec. 227.  None of the funds made available by this Act under the 
heading ``Coast Guard--Operations and Support'' shall be for expenses 
incurred for recreational vessels under section 12114 of title 46, 
United States Code, except to the extent fees are collected from owners 
of yachts and credited to the appropriation made available by this Act 
under the heading ``Coast Guard--Operations and Support'': Provided, 
That to the extent such fees are insufficient to pay expenses of 
recreational vessel documentation under such section 12114, and there 
is a backlog of recreational vessel applications, personnel performing 
non-recreational vessel documentation functions under subchapter II of 
chapter 121 of title 46, United States Code, may perform documentation 
under section 12114.
    Sec. 228.  Without regard to section 503 of this Act, up to 
$10,000,000 may be reprogrammed to or from the Military Pay and 
Allowances funding category within ``Coast Guard--Operations and 
Support'' if the Secretary notifies the Committees on Appropriations of 
the Senate and the House of Representatives not less than 15 days in 
advance of such reprogramming.
    Sec. 229.  Notwithstanding any other provision of law, the 
Commandant of the Coast Guard shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under 
the heading ``Coast Guard--Acquisition, Construction, and 
Improvements'' in the Department of Homeland Security Appropriations 
Act, 2015 (Public Law 114-4), which shall be subject to the 
requirements in the third and fourth provisos under such heading.
    Sec. 230.  Funds made available for Overseas Contingency 
Operations/Global War on Terrorism under the heading ``Coast Guard--
Operations and Support'' may be allocated by program, project, and 
activity, notwithstanding section 503 of this Act.
    Sec. 231.  Amounts deposited into the Coast Guard Housing Fund in 
fiscal year 2021 shall be available until expended to carry out the 
purposes of section 2946 of title 14, United States Code, and shall be 
in addition to funds otherwise available for such purposes.
    Sec. 232.  The United States Secret Service is authorized to 
obligate funds in anticipation of reimbursements from executive 
agencies, as defined in section 105 of title 5, United States Code, for 
personnel receiving training sponsored by the James J. Rowley Training 
Center, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available under the heading 
``United States Secret Service--Operations and Support'' at the end of 
the fiscal year.
    Sec. 233.  None of the funds made available to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security:  Provided, That the Director 
of the United States Secret Service may enter into agreements to 
provide such protection on a fully reimbursable basis.
    Sec. 234.  Notwithstanding section 503 of this Act, up to 
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support'' if the Secretary notifies the Committees on 
Appropriations of the Senate and the House of Representatives not less 
than 15 days in advance of such reprogramming.
    Sec. 235.  Funding made available in this Act for ``United States 
Secret Service--Operations and Support'' is available for travel of 
United States Secret Service employees on protective missions without 
regard to the limitations on such expenditures in this or any other Act 
if the Director of the United States Secret Service or a designee 
notifies the Committees on Appropriations of the Senate and the House 
of Representatives 10 or more days in advance, or as early as 
practicable, prior to such expenditures.
    Sec. 236. (a) Not later than 30 days after the date of enactment of 
this Act and updated semi-monthly thereafter, the Secretary shall make 
available a report on a publicly accessible website in a downloadable, 
searchable, and sortable format that includes not less than the 
previous 12 months of data, as of the last date of each such reporting 
period, on all requests to any law enforcement component of the 
Department of Homeland Security for law enforcement support in the form 
of personnel, aircraft, equipment, or any other assets, which shall 
include each of the following for each requesting entity:
            (1) The name of the entity;
            (2) The purposes for which support is requested;
            (3) The numbers of personnel and the categories and numbers 
        of assets requested;
            (4) The duration of the requested support;
            (5) Whether the requested support was provided;
            (6) The departmental official who approved providing such 
        support;
            (7) The dates and descriptions of any support provided;
            (8) The cost of providing such support; and
            (9) Whether the support is subject to reimbursement by the 
        requesting entity.
    (b) The reporting requirements in subsection (a) shall apply to 
requests from--
            (1) Non-Federal law enforcement components; and
            (2) Federal law enforcement entities, including other such 
        entities of the Department of Homeland Security.
    Sec. 237.  No Federal funds may be made available to modify or 
revoke the U.S. Immigration and Customs Enforcement guidance entitled 
``COVID-19: Guidance for SEVP Stakeholders'', issued March 13, 2020, 
with respect to the maintenance of or eligibility for a nonimmigrant 
status, including an application for nonimmigrant status under 
subparagraph (F) or (M) of section 101(a)(15) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)).
    Sec. 238.  None of the amounts appropriated or otherwise made 
available by this Act to U.S. Immigrations and Customs Enforcement for 
enforcement and removal operations may be made available to operate a 
citizen academy program.
    Sec. 239. (a) Upon receipt of a written request by a relevant 
committee for an investigative report relating to an alien beneficiary 
of a private bill that has been introduced in the Senate or the House 
of Representatives, the Secretary of Homeland Security shall 
immediately stay the removal of such alien, and such stay of removal 
shall remain in effect until the earlier of--
            (1) March 15 of the congressional term that commences after 
        the term in which the private bill is introduced; or
            (2) the date that the relevant committee notifies the 
        Secretary of Homeland Security that the bill is no longer under 
        consideration.
    (b) For purposes of subsection (a), the term ``relevant committee'' 
means--
            (1) the Committee on the Judiciary of the House of 
        Representatives;
            (2) the Committee on the Judiciary of the Senate; or
            (3) a subcommittee of a committee identified in paragraph 
        (1) or (2) with jurisdiction over private legislation.
    (c) This section shall take effect on the date of the enactment of 
this Act and shall apply to any alien beneficiary of a private bill for 
whom an investigative report was requested on or after January 3, 2019.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

            Cybersecurity and Infrastructure Security Agency

                         operations and support

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for operations and support, $1,843,891,000, of which 
$27,849,000 shall remain available until September 30, 2022:  Provided, 
That not to exceed $3,825 shall be for official reception and 
representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for procurement, construction, and improvements, 
$396,425,000, to remain available until September 30, 2023.

                        research and development

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for research and development, $14,431,000, to remain 
available until September 30, 2022.

                  Federal Emergency Management Agency

                         operations and support

    For necessary expenses of the Federal Emergency Management Agency 
for operations and support, $1,155,750,000:  Provided, That not to 
exceed $2,250 shall be for official reception and representation 
expenses.

              procurement, construction, and improvements

    For necessary expenses of the Federal Emergency Management Agency 
for procurement, construction, and improvements, $122,353,000, of which 
$61,237,000 shall remain available until September 30, 2023, and of 
which $61,116,000 shall remain available until September 30, 2025.

                           federal assistance

    For activities of the Federal Emergency Management Agency for 
Federal assistance through grants, contracts, cooperative agreements, 
and other activities, $3,662,369,000, which shall be allocated as 
follows:
            (1) $700,000,000 for the State Homeland Security Grant 
        Program under section 2004 of the Homeland Security Act of 2002 
        (6 U.S.C. 605), of which $90,000,000 shall be for Operation 
        Stonegarden, $15,000,000 shall be for Tribal Homeland Security 
        Grants under section 2005 of the Homeland Security Act of 2002 
        (6 U.S.C. 606), and $180,000,000 shall be for organizations (as 
        described under section 501(c)(3) of the Internal Revenue Code 
        of 1986 and exempt from tax under section 501(a) of such code) 
        determined by the Secretary of Homeland Security to be at high 
        risk of a terrorist attack:  Provided, That notwithstanding 
        subsection (c)(4) of such section 2004, for fiscal year 2021, 
        the Commonwealth of Puerto Rico shall make available to local 
        and tribal governments amounts provided to the Commonwealth of 
        Puerto Rico under this paragraph in accordance with subsection 
        (c)(1) of such section 2004.
            (2) $795,000,000 for the Urban Area Security Initiative 
        under section 2003 of the Homeland Security Act of 2002 (6 
        U.S.C. 604), of which $180,000,000 shall be for organizations 
        (as described under section 501(c)(3) of the Internal Revenue 
        Code of 1986 and exempt from tax under section 501(a) of such 
        code) determined by the Secretary of Homeland Security to be at 
        high risk of a terrorist attack.
            (3) $110,000,000 for Public Transportation Security 
        Assistance, Railroad Security Assistance, and Over-the-Road Bus 
        Security Assistance under sections 1406, 1513, and 1532 of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be 
        for Amtrak security and $3,000,000 shall be for Over-the-Road 
        Bus Security:  Provided, That such public transportation 
        security assistance shall be provided directly to public 
        transportation agencies.
            (4) $110,000,000 for Port Security Grants in accordance 
        with section 70107 of title 46, United States Code.
            (5) $770,000,000, to remain available until September 30, 
        2022, of which $385,000,000 shall be for Assistance to 
        Firefighter Grants and $385,000,000 shall be for Staffing for 
        Adequate Fire and Emergency Response Grants under sections 33 
        and 34 respectively of the Federal Fire Prevention and Control 
        Act of 1974 (15 U.S.C. 2229 and 2229a).
            (6) $385,000,000 for emergency management performance 
        grants under the National Flood Insurance Act of 1968 (42 
        U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake 
        Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of 
        title 6, United States Code, and Reorganization Plan No. 3 of 
        1978 (5 U.S.C. App.).
            (7) $263,000,000 for necessary expenses for Flood Hazard 
        Mapping and Risk Analysis, in addition to and to supplement any 
        other sums appropriated under the National Flood Insurance 
        Fund, and such additional sums as may be provided by States or 
        other political subdivisions for cost-shared mapping activities 
        under section 1360(f)(2) of the National Flood Insurance Act of 
        1968 (42 U.S.C. 4101(f)(2)), to remain available until 
        expended.
            (8) $150,000,000 for the emergency food and shelter program 
        under title III of the McKinney-Vento Homeless Assistance Act 
        (42 U.S.C. 11331), to remain available until expended:  
        Provided, That not to exceed 3.5 percent shall be for total 
        administrative costs.
            (9) $75,000,000 for Alternatives to Detention Case 
        Management, to remain available until expended:  Provided, That 
        such funding shall be awarded to nonprofit organizations and 
        local governments and administered by a National Board for the 
        purposes of providing case management services to any 
        consenting individual enrolled into the U.S. Immigration and 
        Customs Enforcement Alternatives to Detention program, 
        including but not limited to: mental health services; human and 
        sex trafficking screening; legal orientation programs; cultural 
        orientation programs; connections to social services; and for 
        individuals who will be removed, reintegration services:  
        Provided further, That not to exceed 3.5 percent shall be for 
        total administrative costs.
            (10) $20,000,000 for Targeted Violence and Terrorism 
        Prevention grants.
            (11) $284,369,000 to sustain current operations for 
        training, exercises, technical assistance, and other programs.

                          disaster relief fund

                     (including transfer of funds)

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$5,653,366,000, to remain available until expended:  Provided, That of 
the amount provided under this heading, $5,059,949,000 shall be for 
major disasters declared pursuant to the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is 
designated by the Congress as being for disaster relief pursuant to 
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
Control Act of 1985:  Provided further, That of the amount in the 
preceding proviso, $200,000,000 may be transferred to the Disaster 
Assistance Direct Loan Program Account for the cost of direct loans as 
authorized under section 417 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5184), including loans issued 
pursuant to section 312 of this Act and loan cancellations provided for 
in this title, of which $3,000,000 is for administrative expenses.

                     national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of 
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood 
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 
1020), $204,412,000, to remain available until September 30, 2022, 
which shall be derived from offsetting amounts collected under section 
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4015(d)); of which $13,906,000 shall be available for mission support 
associated with flood management; and of which $190,506,000 shall be 
available for flood plain management and flood mapping:  Provided, That 
any additional fees collected pursuant to section 1308(d) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be 
credited as offsetting collections to this account, to be available for 
flood plain management and flood mapping:  Provided further, That in 
fiscal year 2021, no funds shall be available from the National Flood 
Insurance Fund under section 1310 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4017) in excess of--
            (1) $189,021,000 for operating expenses and salaries and 
        expenses associated with flood insurance operations;
            (2) $1,156,000,000 for commissions and taxes of agents;
            (3) such sums as are necessary for interest on Treasury 
        borrowings; and
            (4) $175,000,000, which shall remain available until 
        expended, for flood mitigation actions and for flood mitigation 
        assistance under section 1366 of the National Flood Insurance 
        Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e) 
        and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
 Provided further, That the amounts collected under section 102 of the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4104c(e)), shall be deposited in the National Flood Insurance Fund to 
supplement other amounts specified as available for section 1366 of the 
National Flood Insurance Act of 1968, notwithstanding section 
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968, 
and paragraphs (1) through (3) of section 1367(b) of such Act (42 
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That 
total administrative costs shall not exceed 4 percent of the total 
appropriation: Provided further, That up to $5,000,000 is available to 
carry out section 24 of the Homeowner Flood Insurance Affordability Act 
of 2014 (42 U.S.C. 4033).

                       Administrative Provisions

    Sec. 301.  Notwithstanding section 2008(a)(12) of the Homeland 
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of 
law, not more than 5 percent of the amount of a grant made available in 
paragraphs (1) through (4) under ``Federal Emergency Management 
Agency--Federal Assistance'', may be used by the grantee for expenses 
directly related to administration of the grant.
    Sec. 302.  Applications for grants under the heading ``Federal 
Emergency Management Agency--Federal Assistance'', for paragraphs (1) 
through (4), shall be made available to eligible applicants not later 
than 60 days after the date of enactment of this Act, eligible 
applicants shall submit applications not later than 80 days after the 
grant announcement, and the Administrator of the Federal Emergency 
Management Agency shall act within 65 days after the receipt of an 
application.
    Sec. 303.  Under the heading ``Federal Emergency Management 
Agency--Federal Assistance'', for grants under paragraphs (1) through 
(4), the Administrator of the Federal Emergency Management Agency shall 
brief the Committees on Appropriations of the Senate and the House of 
Representatives 5 full business days in advance of announcing publicly 
the intention of making an award.
    Sec. 304.  Under the heading ``Federal Emergency Management 
Agency--Federal Assistance'', for grants under paragraphs (1) and (2), 
the installation of communications towers is not considered 
construction of a building or other physical facility.
    Sec. 305.  The reporting requirements in paragraphs (1) and (2) 
under the heading ``Federal Emergency Management Agency--Disaster 
Relief Fund'' in the Department of Homeland Security Appropriations 
Act, 2015 (Public Law 114-4) shall be applied in fiscal year 2021 with 
respect to budget year 2022 and current fiscal year 2021, 
respectively--
            (1) in paragraph (1) by substituting ``fiscal year 2022'' 
        for ``fiscal year 2016''; and
            (2) in paragraph (2) by inserting ``business'' after 
        ``fifth''.
    Sec. 306.  In making grants under the heading ``Federal Emergency 
Management Agency--Federal Assistance'', for Staffing for Adequate Fire 
and Emergency Response grants, the Administrator of the Federal 
Emergency Management Agency shall grant waivers from the requirements 
in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and 
(c)(4) of section 34 of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2229a).
    Sec. 307.  The aggregate charges assessed during fiscal year 2021, 
as authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security to be 
necessary for its Radiological Emergency Preparedness Program for the 
next fiscal year:  Provided, That the methodology for assessment and 
collection of fees shall be fair and equitable and shall reflect costs 
of providing such services, including administrative costs of 
collecting such fees:  Provided further, That such fees shall be 
deposited in a Radiological Emergency Preparedness Program account as 
offsetting collections and will become available for authorized 
purposes on October 1, 2021, and remain available until expended.
    Sec. 308. (a) Any balances of funds appropriated in any prior Act 
for activities funded by National Predisaster Mitigation Fund under 
section 203 of the Robert T Stafford Disaster Relief and Emergency 
Assistance Act (42 USC 5133)(as in effect on the day before the date of 
enactment of section 1234 of division D of Public Law 115-254) may be 
transferred to and merged for all purposes with the funds set aside 
pursuant to subsection (i)(1) of section 203 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, (42 USC 5133) as in 
effect on the date of the enactment of this section.
    (b) The transfer authorized in subsection (a) may not occur until 
the Administrator of the Federal Emergency Management Agency submits to 
the Committees on Appropriations of the Senate and the House of 
Representatives a plan for the obligation of funds pursuant to such 
subsection (i)(1), including the criteria to be used for awarding 
grants and a process for tracking the obligation of such transferred 
funds.
    Sec. 309.  In making grants under the heading ``Federal Emergency 
Management Agency--Federal Assistance'', for Assistance to Firefighter 
Grants, the Administrator of the Federal Emergency Management Agency 
shall waive subsection (k) of section 33 of the Federal Fire Prevention 
and Control Act of 1974 (15 USC 2229).
    Sec. 310.  Funds made available under the heading ``Cybersecurity 
and Infrastructure Security Agency--Operations and Support'' may be 
made available for the necessary expenses of carrying out the 
competition specified in section 2(e) of Executive Order No. 13870 (May 
2, 2019), including the provision of monetary and non-monetary awards 
for Federal civilian employees and members of the uniformed services, 
the necessary expenses for the honorary recognition of any award 
recipients, and activities to encourage participation in the 
competition, including promotional items:  Provided, That any awards 
made pursuant to this section shall be of the same type and amount as 
those authorized under sections 4501 through 4505 of title 5, United 
States Code.
    Sec. 311.  The Administrator of the Federal Emergency Management 
Agency shall reconsider any re-submission of a request for assistance 
under section 408 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174) related to the removal of 
debris from an owner-occupied private residence or property for a major 
disaster declared by the President in accordance with such Act on or 
after May 1, 2018, and before September 30, 2020, as if such submission 
were made within the time limit in section 206.40(d) of title 44, Code 
of Federal Regulations.
    Sec. 312. (a) For major disasters declared in 2018 pursuant to the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170), a territory or possession of the United States shall be 
deemed to be a local government for purposes of section 417 of such Act 
(42 U.S.C. 5184) and section 206.361(a) of title 44, Code of Federal 
Regulations.
    (b) Notwithstanding section 206.361(a) of title 44, Code of Federal 
Regulations, the President may provide a loan until the last day of the 
fiscal year that is 3 fiscal years after the fiscal year in which the 
natural disaster described in such subsection occurs.
    (c) Notwithstanding section 417(b) of such Act and section 
206.361(b) of title 44, Code of Federal Regulations, the amount of any 
loan issued to a territory or possession may--
            (1) exceed $5,000,000; and
            (2) may be based on the projected loss of tax and other 
        revenues and on projected cash outlays not previously budgeted 
        for a period not to exceed one year beginning on the date that 
        the major disaster occurred.
    Sec. 313.  Repayments of the remaining balances of all loans, as of 
September 30, 2020, by the Federal Emergency Management Agency under 
section 417 the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5184) are hereby canceled.
    Sec. 314. (a) Subtitle A of title XXII of the Homeland Security Act 
of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the 
following new section:

``SEC. 2215. CYBERSECURITY ADVISORY COMMITTEE.

    ``(a) Establishment.--The Secretary shall establish within the 
Agency a Cybersecurity Advisory Committee (referred to in this section 
as the `Advisory Committee').
    ``(b) Duties.--
            ``(1) In general.--The Advisory Committee may advise, 
        consult with, report to, and make recommendations to the 
        Director, as appropriate, on the development, refinement, and 
        implementation of policies, programs, planning, and training 
        pertaining to the cybersecurity mission of the Agency.
            ``(2) Recommendations.--
                    ``(A) In general.--The Advisory Committee shall 
                develop, at the request of the Director, 
                recommendations for improvements to advance the 
                cybersecurity mission of the Agency and strengthen the 
                cybersecurity of the United States.
                    ``(B) Recommendations of subcommittees.--
                Recommendations agreed upon by subcommittees 
                established under subsection (d) for any year shall be 
                approved by the Advisory Committee before the Advisory 
                Committee submits to the Director the annual report 
                under paragraph (4) for that year.
            ``(3) Periodic reports.--The Advisory Committee shall 
        periodically submit to the Director--
                    ``(A) reports on matters identified by the 
                Director; and
                    ``(B) reports on other matters identified by a 
                majority of the members of the Advisory Committee.
            ``(4) Annual report.--
                    ``(A) In general.--The Advisory Committee shall 
                submit to the Director an annual report providing 
                information on the activities, findings, and 
                recommendations of the Advisory Committee, including 
                its subcommittees, for the preceding year.
                    ``(B) Publication.--Not later than 180 days after 
                the date on which the Director receives an annual 
                report for a year under subparagraph (A), the Director 
                shall publish a public version of the report describing 
                the activities of the Advisory Committee and such 
                related matters as would be informative to the public 
                during that year, consistent with section 552(b) of 
                title 5, United States Code.
            ``(5) Feedback.--Not later than 90 days after receiving any 
        recommendation submitted by the Advisory Committee under 
        paragraph (2), (3), or (4), the Director shall respond in 
        writing to the Advisory Committee with feedback on the 
        recommendation. Such a response shall include--
                    ``(A) with respect to any recommendation with which 
                the Director concurs, an action plan to implement the 
                recommendation; and
                    ``(B) with respect to any recommendation with which 
                the Director does not concur, a justification for why 
                the Director does not plan to implement the 
                recommendation.
            ``(6) Congressional notification.--Not later than 45 days 
        after the date of the President's budget submission to 
        Congress, the Director shall provide to the Committee on 
        Homeland Security and Governmental Affairs and the Committee on 
        Appropriations of the Senate and the Committee on Homeland 
        Security and the Committee on Appropriations of the House of 
        Representatives a briefing on feedback from the Advisory 
        Committee.
    ``(c) Membership.--
            ``(1) Appointment.--
                    ``(A) In general.--Not later than 180 days after 
                the date of the enactment of this section, the Director 
                shall appoint the members of the Advisory Committee.
                    ``(B) Composition.--The membership of the Advisory 
                Committee shall consist of not more than 35 
                individuals.
                    ``(C) Representation.--
                            ``(i) In general.--The membership of the 
                        Advisory Committee shall be geographically 
                        balanced and shall include representatives of 
                        State and local governments and of a broad 
                        range of industries, which may include the 
                        following:
                                    ``(I) Defense.
                                    ``(II) Education.
                                    ``(III) Financial services and 
                                insurance.
                                    ``(IV) Healthcare.
                                    ``(V) Manufacturing.
                                    ``(VI) Media and entertainment.
                                    ``(VII) Chemicals.
                                    ``(VIII) Retail.
                                    ``(IX) Transportation.
                                    ``(X) Energy.
                                    ``(XI) Information Technology.
                                    ``(XII) Communications.
                                    ``(XIII) Public works.
                                    ``(XIV) Cybersecurity research 
                                community.
                                    ``(XV) Privacy policy 
                                organizations.
                                    ``(XVI) Other relevant field 
                                identified by the Director.
                            ``(ii) Prohibition.--Not more than three 
                        members may represent any one category under 
                        clause (i).
            ``(2) Term of office.--
                    ``(A) Terms.--The term of each member of the 
                Advisory Committee shall be two years, except that a 
                member may continue to serve until a successor is 
                appointed.
                    ``(B) Removal.--The Director may review the 
                participation of a member of the Advisory Committee and 
                remove such member any time at the discretion of the 
                Director.
                    ``(C) Reappointment.--A member of the Advisory 
                Committee may be reappointed for an unlimited number of 
                terms.
            ``(3) Prohibition on compensation.--The members of the 
        Advisory Committee may not receive pay or benefits from the 
        United States Government by reason of their service on the 
        Advisory Committee.
            ``(4) Meetings.--
                    ``(A) In general.--The Director shall require the 
                Advisory Committee to meet not less frequently than 
                semiannually, and may convene additional meetings as 
                necessary.
                    ``(B) Public meetings.--At least one of the 
                meetings referred to in subparagraph (A) shall be open 
                to the public.
                    ``(C) Attendance.--The Advisory Committee shall 
                maintain a record of the persons present at each 
                meeting.
            ``(5) Member access to classified and deliberative budget 
        information.--
                    ``(A) In general.--Not later than 60 days after the 
                date on which a member is first appointed to the 
                Advisory Committee and before the member is granted 
                access to any classified and deliberative budget 
                information, the Director shall determine if the member 
                should be restricted from reviewing, discussing, or 
                possessing such information.
                    ``(B) Access.--Access to classified materials shall 
                be managed in accordance with Executive Order No. 13526 
                of December 29, 2009 (75 Fed. Reg 707), or any 
                subsequent corresponding Executive Order.
                    ``(C) Protections.--A member of the Advisory 
                Committee shall protect all classified information in 
                accordance with the applicable requirements for the 
                particular level of classification of such information.
                    ``(D) Budget information.--A member of the Advisory 
                Committee shall be permitted access, as appropriate, to 
                five-year deliberative budget data, analysis, and any 
                other underlying materials information that is 
                considered during the annual budget development process 
                and shall protect such information in the same manner 
                and with the same regard as agency personnel.
            ``(6) Chairperson.--The Advisory Committee shall select, 
        from among the members of the Advisory Committee--
                    ``(A) a member to serve as chairperson of the 
                Advisory Committee; and
                    ``(B) a member to serve as chairperson of each 
                subcommittee of the Advisory Committee established 
                under subsection (d).
    ``(d) Subcommittees.--
            ``(1) In general.--The Director shall establish 
        subcommittees within the Advisory Committee to address 
        cybersecurity issues, which may include the following:
                    ``(A) Information exchange.
                    ``(B) Critical infrastructure.
                    ``(C) Risk management.
                    ``(D) Public and private partnerships.
                    ``(E) State, local, tribal, and territorial 
                governments.
                    ``(F) Citizen engagement.
            ``(2) Meetings and reporting.--Each subcommittee shall meet 
        not less frequently than semiannually, and submit to the 
        Advisory Committee for inclusion in the annual report required 
        under subsection (b)(4) information, including activities, 
        findings, and recommendations, regarding subject matter 
        considered by the subcommittee.
            ``(3) Subject matter experts.--The chair of the Advisory 
        Committee shall appoint members to subcommittees and shall 
        ensure that each member appointed to a subcommittee has subject 
        matter expertise relevant to the subject matter of the 
        subcommittee.
    ``(e) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee and its 
subcommittees''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 2214 the following new item:
``2215. Cybersecurity Advisory Committee.''

                                TITLE IV

             RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

               U.S. Citizenship and Immigration Services

                         operations and support

    For necessary expenses of U.S. Citizenship and Immigration Services 
for operations and support of the E-Verify Program, $163,949,000.

                           federal assistance

    For necessary expenses of U.S. Citizenship and Immigration Services 
for Federal assistance for the Citizenship and Integration Grant 
Program, $20,000,000.

                Federal Law Enforcement Training Centers

                         operations and support

    For necessary expenses of the Federal Law Enforcement Training 
Centers for operations and support, including the purchase of not to 
exceed 117 vehicles for police-type use and hire of passenger motor 
vehicles, and services as authorized by section 3109 of title 5, United 
States Code, $317,945,000, of which $54,283,000 shall remain available 
until September 30, 2022:  Provided, That not to exceed $7,180 shall be 
for official reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Federal Law Enforcement Training 
Centers for procurement, construction, and improvements, $26,000,000, 
to remain available until September 30, 2023, for acquisition of 
necessary additional real property and facilities, construction and 
ongoing maintenance, facility improvements and related expenses of the 
Federal Law Enforcement Training Center.

                   Science and Technology Directorate

                         operations and support

    For necessary expenses of the Science and Technology Directorate 
for operations and support, including the purchase or lease of not to 
exceed 5 vehicles, $303,162,000, of which $180,204,000 shall remain 
available until September 30, 2022:  Provided, That not to exceed 
$10,000 shall be for official reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Science and Technology Directorate 
for procurement, construction, and improvements, $18,927,000 to remain 
available until September 30, 2025.

                        research and development

    For necessary expenses of the Science and Technology Directorate 
for research and development, $433,222,000, to remain available until 
September 30, 2023.

             Countering Weapons of Mass Destruction Office

                         operations and support

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for operations and support, $179,977,000:  Provided, 
That not to exceed $2,250 shall be for official reception and 
representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for procurement, construction, and improvements, 
$87,413,000, to remain available until September 30, 2023.

                        research and development

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for research and development, $58,209,000, to remain 
available until September 30, 2023.

                           federal assistance

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for Federal assistance through grants, contracts, 
cooperative agreements, and other activities, $69,663,000, to remain 
available until September 30, 2023.

                       Administrative Provisions

    Sec. 401.  Notwithstanding any other provision of law, funds 
otherwise made available to U.S. Citizenship and Immigration Services 
may be used to acquire, operate, equip, and dispose of up to 5 
vehicles, for replacement only, for areas where the Administrator of 
General Services does not provide vehicles for lease:  Provided, That 
the Director of U.S. Citizenship and Immigration Services may authorize 
employees who are assigned to those areas to use such vehicles to 
travel between the employees' residences and places of employment.
    Sec. 402.  None of the funds appropriated by this Act may be used 
to process or approve a competition under Office of Management and 
Budget Circular A-76 for services provided by employees (including 
employees serving on a temporary or term basis) of U.S. Citizenship and 
Immigration Services of the Department of Homeland Security who are 
known as Immigration Information Officers, Immigration Service 
Analysts, Contact Representatives, Investigative Assistants, or 
Immigration Services Officers.
    Sec. 403. (a) Notwithstanding section 286(n) of the Immigration and 
Nationality Act (8 U.S.C. 1356(n)), not more than $1,855,000 shall be 
available for the Office of the Director of U.S. Citizenship and 
Immigration Services during fiscal year 2021.
    (b) Of the amount made available under subsection (a), $50,000 
shall be withheld from obligation and expenditure until each of the 
reports and briefings required under the heading, ``U.S. Citizenship 
and Immigration Services'' in the explanatory statement accompanying 
Public Law 116-93 and the report accompanying this Act have been 
provided.
    Sec. 404.  Section 403 of the Department of Homeland Security 
Appropriations Act, 2020 (division D of Public Law 116-93) shall 
continue in effect during fiscal year 2021, except that such section 
shall be applied by substituting ``15 days after the date of enactment 
of this Act'' for ``30 days after the date of enactment of this Act''.
    Sec. 405.  None of the funds deposited into the Immigration 
Examinations Fee Account pursuant to section 286(m) of the Immigration 
and Nationality Act (8 U.S.C. 1356(m)) may be made available for 
activities for which specific amounts are made available by this Act 
unless such deposited funds were obligated for such activities in 
fiscal year 2020.
    Sec. 406.  The Director of the Federal Law Enforcement Training 
Centers is authorized to distribute funds to Federal law enforcement 
agencies for expenses incurred participating in training accreditation.
    Sec. 407.  The Federal Law Enforcement Training Accreditation 
Board, including representatives from the Federal law enforcement 
community and non-Federal accreditation experts involved in law 
enforcement training, shall lead the Federal law enforcement training 
accreditation process to continue the implementation of measuring and 
assessing the quality and effectiveness of Federal law enforcement 
training programs, facilities, and instructors.
    Sec. 408.  The Director of the Federal Law Enforcement Training 
Centers may accept transfers to the account established by section 
407(a) of division F of the Consolidated Appropriations Act, 2018 
(Public Law 115-141) from Government agencies requesting the 
construction of special use facilities, as authorized by the Economy 
Act (31 U.S.C. 1535(b)):  Provided, That the Federal Law Enforcement 
Training Centers maintain administrative control and ownership upon 
completion of such facilities.
    Sec. 409.  The functions of the Federal Law Enforcement Training 
Centers instructor staff shall be classified as inherently governmental 
for purposes of the Federal Activities Inventory Reform Act of 1998 (31 
U.S.C. 501 note).
    Sec. 410. (a) Section 540 of title V of division D of the 
Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009 (Public Law 110- 329; 122 Stat. 3688) is 
repealed.
    (b) Section 538 of title V of division D of the Consolidated 
Appropriations Act, 2012 (Public Law 112-74; 125 Stat. 976) is 
repealed.
    Sec. 411.  None of the funds made available to the Secretary of 
Homeland Security or to the head of any other Federal department or 
agency may be used to place in detention, remove, refer for removal, 
initiate removal proceedings against, or deny work authorization to any 
individual who--
            (1) meets the qualifying criteria to participate in the 
        Deferred Action for Childhood Arrivals initiative, as 
        delineated in the June 15, 2012, memorandum entitled 
        ``Exercising Prosecutorial Discretion with respect to 
        Individuals Who Came to the United States as Children'', 
        including the criteria barring conviction for criminal offenses 
        in such memorandum; or
            (2) is a national of a foreign state that was designated 
        under section 244(b) of the Immigration and Nationality Act on 
        January 1, 2017 (or in the case of an alien having no 
        nationality, a person who last habitually resided in such 
        state) if such individual has continuously resided in the 
        United States since the effective date of the most recent 
        designation of that state under section 244(b)(1) and otherwise 
        meets the requirements of section 244(c) other than 
        subparagraph (1)(A)(iv) and is not barred on criminal grounds 
        under such section.
    Sec. 412.  In fiscal year 2021, nonimmigrants shall be admitted to 
the United States under section 101(a)(15)(H)(ii)(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform 
agricultural labor or services, without regard to whether such labor 
is, or services are, of a temporary or seasonal nature.
    Sec. 413. (a) For fiscal years 2021 and 2022, the worldwide level 
of family-sponsored immigrants under subsection (c) of section 201 of 
the Immigration and Nationality Act (8 U.S.C. 1151), the worldwide 
level of employment-based immigrants under subsection (d) of such 
section, and the worldwide level of diversity immigrants under 
subsection (e) of such section shall each be increased by the number 
computed under subsection (b) of this section with respect to each of 
such worldwide levels.
    (b) For each of the worldwide levels described in subsection (a) of 
this section, the number computed under this subsection is the 
difference (if any) between the worldwide level established for the 
previous fiscal year under the applicable subsection of section 201 of 
the Immigration and Nationality Act (8 U.S.C. 1151) and the number of 
visas that were, during the previous fiscal year, issued and used as 
the basis for an application for admission into the United States as an 
immigrant described in the applicable subsection.
    (c) The additional visas made available for fiscal years 2021 and 
2022 as a result of the computations made under subsections (a) and (b) 
of this section shall be proportionally allocated as set forth in 
subsections (a), (b), and (c) of section 203 of the Immigration and 
Nationality Act (8 U.S.C. 1153).
    (d) For fiscal years 2021 and 2022, the number computed under 
subsection (c)(3)(C) of section 201 of the Immigration and Nationality 
Act (8 U.S.C. 1151), and the number computed under subsection (d)(2)(C) 
of such section, are deemed to equal zero.
    Sec. 414.  Notwithstanding the numerical limitation set forth in 
section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation 
with the Secretary of Labor, and upon the determination that the needs 
of American businesses cannot be satisfied in fiscal year 2021 with 
United States workers who are willing, qualified, and able to perform 
temporary nonagricultural labor, may increase the total number of 
aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of 
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above 
such limitation by not more than the highest number of H-2B 
nonimmigrants who participated in the H-2B returning worker program in 
any fiscal year in which returning workers were exempt from such 
numerical limitation.

                                TITLE V

                           GENERAL PROVISIONS

                    (including rescission of funds)

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  The unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation accounts 
for such activities established pursuant to this Act, may be merged 
with funds in the applicable established accounts, and thereafter may 
be accounted for as one fund for the same time period as originally 
enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the components in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure or provided from any accounts derived by the collection of 
fees available to the components of such Department, shall be available 
for obligation or expenditure through a reprogramming of appropriated 
funds or a change in the planned obligation of funds derived from such 
fees that--
            (1) creates or eliminates a program, project, or activity;
            (2) contracts out any function presently performed by 
        Federal employees or any new function proposed to be performed 
        by Federal employees in the President's budget proposal for the 
        current fiscal year for the Department of Homeland Security;
            (3) augments funding for existing programs, projects, or 
        activities in excess of $5,000,000 or 10 percent, whichever is 
        less;
            (4) reduces funding for any program, project, or activity, 
        or numbers of personnel, by 10 percent or more; or
            (5) results from any general savings from a reduction in 
        personnel that would result in a change in funding levels for 
        programs, projects, or activities as approved by the Congress.
    (b) For purposes of this section, a ``program, project, or 
activity'' is defined as--
            (1) each item listed under each appropriation or fee funded 
        account identified in the detailed funding table at the end of 
        the explanatory statement accompanying this Act; and
            (2) each item for which the explanatory statement 
        accompanying this Act specifies a funding amount, except for 
        amounts identified in a funding table other than that described 
        in subsection (1).
    (c) For purposes of this section, ``reprogramming of funds'' is 
defined as a reduction to or augmentation of an amount associated with 
an item described in subsection (b).
    (d) For purposes of this section, a change in the planned 
obligation of funding derived from fee collections is defined as a 
reduction or augmentation of an amount associated with an item 
described in subsection (b) under each ``Fee Funded Programs'' 
subheading.
    Sec. 504.  Section 504 of the Department of Homeland Security 
Appropriations Act, 2017 (division F of Public Law 115-31), related to 
the operations of a working capital fund, shall apply with respect to 
funds made available in this Act in the same manner as such section 
applied to funds made available in that Act:  Provided, That funds from 
such working capital fund may be obligated and expended in anticipation 
of reimbursements from components of the Department of Homeland 
Security.
    Sec. 505.  Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2021 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2021.
    Sec. 506. (a) The Secretary of Homeland Security, or the designee 
of the Secretary, shall notify the Committees on Appropriations of the 
Senate and the House of Representatives at least 3 full business days 
in advance of--
            (1) making or awarding a grant allocation, grant, contract, 
        other transaction agreement, or task or delivery order on a 
        Department of Homeland Security multiple award contract, or to 
        issue a letter of intent totaling in excess of $1,000,000;
            (2) awarding a task or delivery order requiring an 
        obligation of funds in an amount greater than $10,000,000 from 
        multi-year Department of Homeland Security funds;
            (3) making a sole-source grant award; or
            (4) announcing publicly the intention to make or award 
        items under paragraph (1), (2), or (3), including a contract 
        covered by the Federal Acquisition Regulation.
    (b) If the Secretary of Homeland Security determines that 
compliance with this section would pose a substantial risk to human 
life, health, or safety, an award may be made without notification, and 
the Secretary shall notify the Committees on Appropriations of the 
Senate and the House of Representatives not later than 5 full business 
days after such an award is made or letter issued.
    (c) A notification under this section--
            (1) may not involve funds that are not available for 
        obligation; and
            (2) shall include the amount of the award; the fiscal year 
        for which the funds for the award were appropriated; the type 
        of contract; and the account from which the funds are being 
        drawn.
    Sec. 507.  Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without advance 
notification to the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Centers is authorized to obtain the temporary use of 
additional facilities by lease, contract, or other agreement for 
training that cannot be accommodated in existing Centers' facilities.
    Sec. 508.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, 
has not been approved, except that necessary funds may be expended for 
each project for required expenses for the development of a proposed 
prospectus.
    Sec. 509.  Sections 520, 522, and 530 of the Department of Homeland 
Security Appropriations Act, 2008 (division E of Public Law 110-161; 
121 Stat. 2073 and 2074) shall apply with respect to funds made 
available in this Act in the same manner as such sections applied to 
funds made available in that Act.
    Sec. 510.  None of the funds made available in this Act may be used 
in contravention of the applicable provisions of the Buy American Act:  
Provided, That for purposes of the preceding sentence, the term ``Buy 
American Act'' means chapter 83 of title 41, United States Code.
    Sec. 511.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 512.  None of the funds provided or otherwise made available 
in this Act shall be available to carry out section 872 of the Homeland 
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the 
Congress.
    Sec. 513.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 514.  Any official that is required by this Act to report or 
to certify to the Committees on Appropriations of the Senate and the 
House of Representatives may not delegate such authority to perform 
that act unless specifically authorized herein.
    Sec. 515.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301-10.124 of title 41, 
Code of Federal Regulations.
    Sec. 516.  Notwithstanding any other provision of this Act, none of 
the funds appropriated or otherwise made available by this Act may be 
used to pay award or incentive fees for contractor performance that has 
been judged to be below satisfactory performance or performance that 
does not meet the basic requirements of a contract.
    Sec. 517.  None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Homeland 
Security to enter into any Federal contract unless such contract is 
entered into in accordance with the requirements of subtitle I of title 
41, United States Code, or chapter 137 of title 10, United States Code, 
and the Federal Acquisition Regulation, unless such contract is 
otherwise authorized by statute to be entered into without regard to 
the above referenced statutes.
    Sec. 518. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.
    Sec. 519.  None of the funds made available in this Act may be used 
by a Federal law enforcement officer to facilitate the transfer of an 
operable firearm to an individual if the Federal law enforcement 
officer knows or suspects that the individual is an agent of a drug 
cartel unless law enforcement personnel of the United States 
continuously monitor or control the firearm at all times.
    Sec. 520.  None of the funds made available in this Act may be used 
to pay for the travel to or attendance of more than 50 employees of a 
single component of the Department of Homeland Security, who are 
stationed in the United States, at a single international conference 
unless the Secretary of Homeland Security, or a designee, determines 
that such attendance is in the national interest and notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives within at least 10 days of that determination and the 
basis for that determination:  Provided, That for purposes of this 
section the term ``international conference'' shall mean a conference 
occurring outside of the United States attended by representatives of 
the United States Government and of foreign governments, international 
organizations, or nongovernmental organizations:  Provided further, 
That the total cost to the Department of Homeland Security of any such 
conference shall not exceed $500,000.
    Sec. 521.  None of the funds made available in this Act may be used 
to reimburse any Federal department or agency for its participation in 
a National Special Security Event.
    Sec. 522.  None of the funds made available to the Department of 
Homeland Security by this or any other Act may be obligated for any 
structural pay reform that affects more than 100 full-time positions or 
costs more than $5,000,000 in a single year before the end of the 30-
day period beginning on the date on which the Secretary of Homeland 
Security submits to Congress a notification that includes--
            (1) the number of full-time positions affected by such 
        change;
            (2) funding required for such change for the current year 
        and through the Future Years Homeland Security Program;
            (3) justification for such change; and
            (4) an analysis of compensation alternatives to such change 
        that were considered by the Department.
    Sec. 523. (a) Any agency receiving funds made available in this Act 
shall, subject to subsections (b) and (c), post on the public website 
of that agency any report required to be submitted by the Committees on 
Appropriations of the Senate and the House of Representatives in this 
Act, upon the determination by the head of the agency that it shall 
serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises homeland 
        or national security; or
            (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the Committees on 
Appropriations of the Senate and the House of Representatives for not 
less than 45 days except as otherwise specified in law.
    Sec. 524. (a) Funding provided in this Act for ``Operations and 
Support'' may be used for minor procurement, construction, and 
improvements.
    (b) For purposes of subsection (a), ``minor'' refers to end items 
with a unit cost of $250,000 or less for personal property, and 
$2,000,000 or less for real property.
    Sec. 525.  The authority provided by section 532 of the Department 
of Homeland Security Appropriations Act, 2018 (Public Law 115-141) 
regarding primary and secondary schooling of dependents shall continue 
in effect during fiscal year 2021.
    Sec. 526. (a) For an additional amount for ``Federal Emergency 
Management Agency--Federal Assistance'', $41,000,000, to remain 
available until September 30, 2022, exclusively for providing 
reimbursement of extraordinary law enforcement or other emergency 
personnel costs for protection activities directly and demonstrably 
associated with any residence of the President that is designated or 
identified to be secured by the United States Secret Service.
    (b) Subsections (b) through (f) of section 534 of the Department of 
Homeland Security Appropriations Act, 2018 (Public Law 115-141), shall 
be applied with respect to amounts made available by subsection (a) of 
this section by substituting ``October 1, 2021'' for ``October 1, 
2018'' and ``October 1, 2020'' for ``October 1, 2017''.
    Sec. 527. (a) Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) shall be applied--
            (1) In subsection (a), by substituting ``September 30, 
        2021,'' for ``September 30, 2017,''; and
            (2) In subsection (c)(1), by substituting ``September 30, 
        2021,'' for ``September 30, 2017''.
    (b) The Secretary of Homeland Security, under the authority of 
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may 
carry out prototype projects under section 2371b of title 10, United 
States Code, and the Secretary shall perform the functions of the 
Secretary of Defense as prescribed.
    (c) The Secretary of Homeland Security under section 831 of the 
Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition 
of nontraditional government contractor as defined in section 2371b(e) 
of title 10, United States Code.
    Sec. 528. (a) None of the funds appropriated or otherwise made 
available to the Department of Homeland Security by this Act may be 
used to prevent any of the following persons from entering, for the 
purpose of conducting oversight, any facility operated by or for the 
Department of Homeland Security used to detain or otherwise house 
aliens, or to make any temporary modification at any such facility that 
in any way alters what is observed by a visiting member of Congress or 
such designated employee, compared to what would be observed in the 
absence of such modification:
    (1) A Member of Congress.
    (2) An employee of the United States House of Representatives or 
the United States Senate designated by such a Member for the purposes 
of this section.
    (b) Nothing in this section may be construed to require a Member of 
Congress to provide prior notice of the intent to enter a facility 
described in subsection (a) for the purpose of conducting oversight.
    (c) With respect to individuals described in subsection (a)(2), the 
Department of Homeland Security may require that a request be made at 
least 24 hours in advance of an intent to enter a facility described in 
subsection (a).
    Sec. 529. (a) Except as provided in subsection (b), none of the 
funds made available in this Act may be used to place restraints on a 
woman in the custody of the Department of Homeland Security (including 
during transport, in a detention facility, or at an outside medical 
facility) who is pregnant or in post-delivery recuperation.
    (b) Subsection (a) shall not apply with respect to a pregnant woman 
if--
            (1) an appropriate official of the Department of Homeland 
        Security makes an individualized determination that the woman--
                    (A) is a serious flight risk, and such risk cannot 
                be prevented by other means; or
                    (B) poses an immediate and serious threat to harm 
                herself or others that cannot be prevented by other 
                means; or
            (2) a medical professional responsible for the care of the 
        pregnant woman determines that the use of therapeutic 
        restraints is appropriate for the medical safety of the woman.
    (c) If a pregnant woman is restrained pursuant to subsection (b), 
only the safest and least restrictive restraints, as determined by the 
appropriate medical professional treating the woman, may be used. In no 
case may restraints be used on a woman who is in active labor or 
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a 
restraint belt that constricts the area of the pregnancy. A pregnant 
woman who is immobilized by restraints shall be positioned, to the 
maximum extent feasible, on her left side.
    Sec. 530. (a) None of the funds made available by this Act may be 
used to destroy, or to implement a policy or practice that permits the 
destruction of, any document, recording, or other record pertaining to 
any--
            (1) death of,
            (2) potential sexual assault or abuse perpetrated against, 
        or
            (3) allegation of abuse, criminal activity, or disruption 
        committed by,
an individual held in the custody of the Department of Homeland 
Security.
    (b) The records referred to in subsection (a) shall be made 
available to an individual who has been charged with a crime, been 
placed into segregation, or otherwise punished as a result of an 
allegation described in paragraph (3), upon the request of such 
individual.
    Sec. 531.  Section 519 of division F of Public Law 114-113, 
regarding a prohibition on funding for any position designated as a 
Principal Federal Official, shall apply with respect to any Federal 
funds in the same manner as such section applied to funds made 
available in that Act.
    Sec. 532. (a) Not later than 10 days after the date on which the 
budget of the President for a fiscal year is submitted to Congress 
pursuant to section 1105(a) of title 31, United States Code, the 
Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a report 
on the unfunded priorities, for the Department of Homeland Security and 
separately for each departmental component, for which discretionary 
funding would be classified as budget function 050.
    (b) Each report under this section shall specify, for each such 
unfunded priority--
            (1) a summary description, including the objectives to be 
        achieved if such priority is funded (whether in whole or in 
        part);
            (2) the description, including the objectives to be 
        achieved if such priority is funded (whether in whole or in 
        part);
            (3) account information, including the following (as 
        applicable):
                    (A) appropriation account; and
                    (B) program, project, or activity name; and
            (4) the additional number of full-time or part-time 
        positions to be funded as part of such priority.
    (c) In this section, the term ``unfunded priority'', in the case of 
a fiscal year, means a requirement that--
            (1) is not funded in the budget referred to in subsection 
        (a);
            (2) is necessary to fulfill a requirement associated with 
        an operational or contingency plan for the Department; and
            (3) would have been recommended for funding through the 
        budget referred to in subsection (a) if--
                    (A) additional resources had been available for the 
                budget to fund the requirement;
                    (B) the requirement has emerged since the budget 
                was formulated; or
                    (C) the requirement is necessary to sustain prior-
                year investments.
    Sec. 533.  No Federal funds may be made available to implement or 
carry out any of the following:
            (1) The proposed rule entitled ``Procedures for Asylum and 
        Withholding of Removal; Credible Fear and Reasonable Fear 
        Review'', dated June 15, 2020, or any final version of such 
        rule.
            (2) The Migrant Protection Protocols announced by the 
        Secretary of Homeland Security on December 20, 2018, and any 
        subsequent revisions to those protocols.
            (3) DHS Policy Memorandum 602-0169, dated January 28, 2019, 
        or any other agency policy memorandum implementing the 
        protocols described in such policy memorandum.
            (4) Presidential Proclamation 9983, issued on January 31, 
        2020 (85 Fed. Reg. 6699).
            (5) The interim final rule entitled ``Implementing 
        Bilateral and Multilateral Asylum Cooperative Agreements Under 
        the Immigration and Nationality Act'', dated November 19, 2019, 
        including--
                    (A) the agreement between the Government of the 
                United States and the Government of the Republic of 
                Guatemala on Cooperation Regarding the Examination of 
                Protection Claims, dated November 20, 2019 (84 Fed. 
                Reg. 64095); and
                    (B) any other agreements establishing ``Asylum 
                Cooperative Agreements'', new ``safe third country'' 
                designations, or otherwise relating to returning 
                individuals to a third country for purposes of 
                establishing an asylum claim.
            (6) Executive Order 13768, issued on January 25, 2017 
        (relating to enhancing public safety in the interior of the 
        United States; 82 Fed. Reg. 8799).
            (7) Any policy requiring an applicant for citizenship to 
        attend an interview at a location other than the U.S. 
        Citizenship and Immigration Services office at which the 
        applicant submitted the application.
            (8) Any official duty of an asylum officer by an individual 
        who is not directly employed by U.S. Citizenship and 
        Immigration Services.
    Sec. 534.  Not later than 30 days after the date of enactment of 
this Act, $20,000,000 from the unobligated balances from the amount 
described in section 212(b) of division D of Public Law 116-93, shall 
be transferred to ``Countering Weapons of Mass Destruction Office--
Procurement, Construction, and Improvements'' for electronic health 
records, and shall remain available until September 30, 2022, in 
addition to any amounts otherwise available for such purposes:  
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, and shall be 
available only if the President subsequently so designates such amount 
and transmits such designation to the Congress.

                             (rescissions)

    Sec. 535.  Of the funds appropriated to the Department of Homeland 
Security, $1,375,000,000 of the amounts made available under the 
heading ``U.S. Customs and Border Protection--Procurement, 
Construction, and Improvements'' by Public Law 116-93 is hereby 
rescinded:  Provided, That no amounts may be rescinded from amounts 
that were designated by the Congress as an emergency requirement 
pursuant to a concurrent resolution on the budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177).
    Sec. 536.  From the unobligated balances available in the ``U.S. 
Customs and Border Protection--Border Security, Fencing, 
Infrastructure, and Technology'' account (70 X 0533), $5,000,000 is 
hereby rescinded.
    Sec. 537.  Of the unobligated balances available under the heading 
``U.S. Customs and Border Protection--Procurement, Construction, and 
Improvements'', $50,000,000 is hereby rescinded.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2021''.
                                                 Union Calendar No. 368

116th CONGRESS

  2d Session

                               H. R. 7669

                          [Report No. 116-458]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2021, and for other purposes.

_______________________________________________________________________

                             July 20, 2020

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed