Department of Homeland Security Appropriations Bill, 2021
Summary
This is House Report 116-458 of the 116th Congress, 2d Session, Union Calendar No. 368, titled Department of Homeland Security Appropriations Bill, 2021, from the Committee on Appropriations, together with minority views, committed to the Committee of the Whole House on the State of the Union and ordered to be printed July 20, 2020. Ms. Roybal-Allard of California reports on H.R. 7669, making appropriations for the Department of Homeland Security for fiscal year 2021. The index lists Title I, Departmental Management, Operations, Intelligence, and Oversight, Title II, Security, Enforcement, and Investigations, Title III, Protection, Preparedness, Response, and Recovery, and Title IV, Research, Development, Training, and Services.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
- Issuer
- Congressional materials
- Document type
- Crpt Crpt 116Hrpt458 Crpt 116Hrpt458
- Case
- Crpt Crpt 116Hrpt458 Crpt 116Hrpt458
Cite this document
“Department of Homeland Security Appropriations Bill, 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-116hrpt458-crpt-116hrpt458/
, SHA-256 58b69843cb22ba54d0a4b00d8769e536aefedde6a54afe49409b5e2ca63a50fd.Full text
Union Calendar No. 368
116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–458
DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS BILL, 2021
JULY 20, 2020.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Ms. ROYBAL-ALLARD of California, from the Committee on
Appropriations, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 7669]
The Committee on Appropriations submits the following report in
explanation of the accompanying bill making appropriations for the
Department of Homeland Security for the fiscal year ending Sep-
tember 30, 2021.
INDEX TO BILL AND REPORT
Page number
Bill Report
TITLE I—DEPARTMENTAL MANAGEMENT, OPERATIONS, IN-
TELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management ........................ 2 8
Operations and Support .............................................................. 2 8
Management Directorate .................................................................... 3 14
Operations and Support .............................................................. 3 14
Procurement, Construction, and Improvements ........................ 3 15
Federal Protective Service .......................................................... 3 16
Intelligence, Analysis, and Operations Coordination ....................... 3 16
Operations and Support .............................................................. 3 16
Office of Inspector General ................................................................. 4 16
Operations and Support .............................................................. 4 17
Administrative Provisions .................................................................. 4 19
TITLE II—SECURITY, ENFORCEMENT, AND INVESTIGATIONS
SSpencer on DSKJLSW7X2PROD with REPORTS
U.S. Customs and Border Protection ................................................. 13 20
Operations and Support .............................................................. 13 20
40–858
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00001 Fmt 6659 Sfmt 6659 E:\HR\OC\HR458.XXX HR458
2
Page number
Bill Report
Procurement, Construction, and Improvements ........................ 15 29
U.S. Immigration and Customs Enforcement ................................... 16 30
Operations and Support .............................................................. 16 31
Procurement, Construction, and Improvements ........................ 18 41
Transportation Security Administration ........................................... 19 42
Operations and Support .............................................................. 19 42
Procurement, Construction, and Improvements ........................ 19 43
Research and Development ......................................................... 19 44
Coast Guard ......................................................................................... 20 45
Operations and Support .............................................................. 20 45
Procurement, Construction, and Improvements ........................ 21 48
Research and Development ......................................................... 21 49
Health Care Fund Contribution ................................................. ........ 50
Retired Pay ................................................................................... 22 50
United States Secret Service .............................................................. 22 51
Operations and Support .............................................................. 22 51
Procurement, Construction, and Improvements ........................ 24 52
Research and Development ......................................................... 24 52
Administrative Provisions .................................................................. 24 52
TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND
RECOVERY
Cybersecurity and Infrastructure Security Agency .......................... 49 55
Operations and Support .............................................................. 49 55
Procurement, Construction, and Improvements ........................ 49 61
Research and Development ......................................................... 49 62
Federal Emergency Management Agency ......................................... 50 62
Operations and Support .............................................................. 50 62
Procurement, Construction, and Improvements ........................ 50 64
Federal Assistance ....................................................................... 50 64
Disaster Relief Fund .................................................................... 54 68
National Flood Insurance Fund .................................................. 55 70
Administrative Provisions .................................................................. 57 70
TITLE IV—RESEARCH, DEVELOPMENT, TRAINING, AND SERV-
ICES
US Citizenship and Immigration Services ........................................ 63 71
Operations and Support .............................................................. 63 72
Federal Assistance ....................................................................... 63 78
Federal Law Enforcement Training Centers .................................... 63 78
Operations and Support .............................................................. 63 79
Procurement, Construction, and Improvements ........................ 64 80
Science and Technology Directorate .................................................. 64 80
Operations and Support .............................................................. 64 80
Procurement, Construction, and Improvements ........................ 64 81
Research and Development ......................................................... 64 81
Countering Weapons of Mass Destruction Office ............................. 65 84
Operations and Support .............................................................. 65 84
Procurement, Construction, and Improvements ........................ 65 86
Research and Development ......................................................... 65 86
Federal Assistance ....................................................................... 65 86
Administrative Provisions .................................................................. 66 86
TITLE V—GENERAL PROVISIONS
This Act ................................................................................................ 69 87
Compliance with House Rules .................................................... ........ ...........
Tables ............................................................................................ ........ ...........
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00002 Fmt 6659 Sfmt 6659 E:\HR\OC\HR458.XXX HR458
3
Overview
The Committee recommendation includes $55,944,949,000 in
total discretionary budget authority for the Department of Home-
land Security (DHS), including $50,720,000,000 in net discretionary
budget authority, $215,000,000 as a budget cap adjustment for
overseas contingency operations, and $5,059,949,000 as a budget
cap adjustment for major disaster response and recovery activities.
The discretionary budget authority total is a reduction of
$12,065,163,000 below the fiscal year 2020 total and
$1,183,546,000 below the President’s budget request. The net dis-
cretionary total is $252,000,000 above the fiscal year 2020 level.
Balanced Homeland Security Investments
Investments in this bill are intended to balance competing prior-
ities across the Department’s important missions, all of which are
critical to the security of the country. Among other efforts, the bill
continues important investments in Coast Guard readiness and to
recapitalize Coast Guard air and sea fleets, including continued
support for the Polar Security Cutter and Offshore Patrol Cutter
programs; to complete the Fast Response Cutter program; to hire
more Secret Service agents and Uniformed Division officers to re-
duce mandatory overtime; to restore funding for the National Com-
puter Forensics Institute; to restore the Transportation Security
Administration’s (TSA) Law Enforcement Officer Reimbursement
program and Visible Intermodal Prevention and Response program;
and to expedite the procurement of more effective imaging tech-
nology for TSA and U.S. Customs and Border Protection (CBP).
The bill sustains prior year increases for Homeland Security In-
vestigations at U.S. Immigration and Customs Enforcement (ICE);
continues to expand ICE’s Alternatives to Detention programs;
funds at least two detention facility inspections per year at ICE’s
over-72 hour detention facilities; provides targeted increases for the
Federal Emergency Management Agency’s (FEMA) major prepared-
ness and response grant programs; and recommends increased re-
sources for the Cybersecurity and Infrastructure Security Agency to
better protect federal civilian cyber networks and help state and
local governments and the private sector secure both cyber and
physical infrastructure, including election infrastructure.
The bill recommends significant new CBP resources for procuring
and deploying new technologies to improve situational awareness
at the border and for Office of Field Operations hiring; discre-
tionary resources recommended in the bill, combined with fee rev-
enue, will allow CBP to hire over 1,500 new personnel, including
1,200 new CBP officers, 200 new agriculture specialists, and 100
mission support personnel.
Risk-Based Border Security
The Department of Homeland Security Appropriations Acts for
fiscal years 2017 through 2020 required the Secretary to submit to
the Committees a risk-based plan for improving security along the
borders of the United States, including the use of personnel, fenc-
SSpencer on DSKJLSW7X2PROD with REPORTS
ing, other forms of tactical infrastructure, and technology. While
the Department delivered updates of its Border Security Infrastruc-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00003 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
4
ture Plan (BSIP) for fiscal year 2017 and 2018, those BSIPs did not
address the specific elements required by law, as confirmed by a
GAO review of the fiscal year 2018 BSIP. To date, the Department
has failed to submit a fiscal year 2019 BSIP, despite a legal re-
quirement to comply with Congress’s reporting requirements by
August 2019. For fiscal year 2020, the reporting requirement was
statutorily due at the end of June.
Without the comprehensive analysis Congress has required in
law for the past four fiscal years, Congress lacks essential informa-
tion for determining how best to invest scarce taxpayer dollars.
Given the Department’s failure to comply with the law, no addi-
tional funding for border barrier construction is provided and
$5,000,000 is withheld from CBP until it submits a plan that fully
complies with congressional requirements.
There are also significant concerns about the negative impacts of
physical barriers on border communities and border area ecology.
While the Secretary may currently have the authority to issue
waivers to the requirements of environmental, natural resource,
and land management laws to expedite construction of funded bor-
der barriers, that authority does not obviate the obligation to pro-
vide Congress with an analysis of such impacts as part of the jus-
tification for new barriers prior to funds being appropriated. A re-
port on border barrier environmental impacts and mitigation op-
tions required by House Report 116–180 was to be submitted to the
Committee in late June and is now overdue. In anticipation of re-
ceiving that report, the bill recommends $75,000,000 to begin miti-
gating the impacts of border barrier construction on federal lands,
including through land acquisition.
Detention Beds
The Committee recommendation includes funding to support an
overall average daily population in detention for single adult aliens
of 22,000 during fiscal year 2021, which will allow ICE to arrest,
detain, and remove high priority individuals while also reflecting
the Department’s continued use of the inaptly named ‘‘Migrant Pro-
tection Protocols’’ program, asylum cooperative agreements, and ex-
pedited removal programs that require no ICE detention capacity.
While DHS continues to use these novel and legally suspect ap-
proaches to turning asylum seekers and other migrants away at
the border, any associated requirement for ICE detention beds does
not exist. In addition, the bill reduces a portion of the funds appro-
priated for detention for each day that CBP continues to imme-
diately return most migrants to Mexico or to their countries of ori-
gin without due process under the Department of Health and
Human Services (HHS) order first issued on March 20, 2020.
Pandemic Response
The Committee is closely monitoring the Department’s estimates
of how the COVID–19 pandemic will impact departmental oper-
ations, programs, and funding requirements, both for fiscal year
2020 and for fiscal year 2021. To date, Congress has appropriated
SSpencer on DSKJLSW7X2PROD with REPORTS
$45,873,000,000 for DHS pandemic response activities, including
$476,000,000 for Operations and Support, $400,000,000 for Federal
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00004 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
5
Assistance; and $44,997,000,000 for the Disaster Relief Fund. An-
other $289,000,000 was made available to CBP and ICE via trans-
fer from the Department of Health and Human Services for pan-
demic-related medical care of individuals in DHS custody. Addi-
tional funding for Federal Assistance is currently awaiting Senate
action.
While it is too early to effectively estimate the impact of the pan-
demic on the Department’s fiscal year 2021 requirements, the Com-
mittee stands ready to address those needs based on formal re-
quests from the Administration as the appropriations process
moves forward.
Due Process Rights of Migrants
There is a strong bipartisan consensus on the importance of
homeland security, even if the focus in recent years has too often
been on funding and policy disagreements related to border secu-
rity and immigration enforcement. The COVID-19 pandemic has
reinforced the importance of homeland security beyond the immi-
gration issue, particularly as FEMA has taken a major response co-
ordination role.
It is unfortunate, therefore, that the Administration has taken
advantage of the current crisis to continue its aggressive and un-
balanced obsession with vastly curtailing legal immigration to the
United States and significantly eroding the rights of asylum seek-
ers and others who enter the country fleeing desperate cir-
cumstances. Time and time again, this Administration’s response
to challenges at the border has been to ignore or seemingly even
exacerbate the negative impacts on migrants.
One of the latest examples has been the Department’s abuse of
title 42 authority under the Order Suspending Introduction of Cer-
tain Persons From Countries Where a Communicable Disease Ex-
ists, which was first issued by HHS on March 20, 2020. While pru-
dent precautions are unarguably required during a worldwide pan-
demic to prevent the further spread of illness, the extreme policies
of quickly removing almost all migrants who cross the border, in-
cluding asylum-seeking families and unaccompanied children, are
not required and are likely not legal as currently implemented.
Once again, faced with the need to balance competing values and
priorities, the Administration and the Department of Homeland Se-
curity have readily jettisoned the rights of vulnerable migrants,
sending them back across the border where their security and
health are in serious jeopardy. While the order permits CBP to
take humanitarian concerns into consideration when implementing
the order, there is no indication that such concerns are being taken
into account.
According to the Federal Register notice from HHS, ‘‘the danger
to public health that results from the introduction of [migrants]
into congregate settings at or near the borders is the touchstone of
this order’’ because it would exhaust local or regional healthcare re-
sources’’ and ‘‘further expose local or regional healthcare workers
to COVID-19.’’ At the same time CBP began enforcing this order,
however, it was demobilizing temporary holding facilities along the
SSpencer on DSKJLSW7X2PROD with REPORTS
southern border that might otherwise have been repurposed to
safely allow more asylum seekers and others fleeing desperate cir-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00005 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
6
cumstances to seek protection in the United States while mini-
mizing any danger to public health.
The Administration has taken an antithetical approach for indi-
viduals detained in ICE detention facilities. While the ICE deten-
tion population has decreased over the course of the pandemic,
most of that drop is attributable to the reduced number of individ-
uals transferred to ICE custody from CBP. ICE has made only
modest changes to its interior enforcement posture and the result-
ing drop in the detention population has been late and entirely in-
sufficient; in late June, more than 2,600 detained individuals were
being monitored for potential COVID-19 infection, another 809 had
tested positive, and at least two had died of the illness.
ICE detention is civil detention; almost no one in ICE custody is
a criminal in the sense of having been convicted of a crime for
which they have not served a criminal sentence. That is not to say
that some individuals ICE arrests and detains are not threats to
public safety; but the vast majority of detained individuals to whom
ICE refers as criminals or fugitives pose no such threat and, were
they U.S. citizens, there would be no clamor and no authority to
detain them. It is not, nor should it be, ICE’s mission to require
anyone to essentially serve a second criminal sentence for the same
crime—which should be considered unconstitutional. Unfortu-
nately, the Administration’s misleading rhetoric on this issue dis-
torts the public’s view of ICE’s mission, leads to unnecessary deten-
tion costs, and dehumanizes people who are placed in immigration
removal proceedings.
There is a long running debate about how high a priority immi-
gration enforcement should be compared to other homeland secu-
rity priorities. During a pandemic, however, it should be clear that
detention in congregate settings is neither safe for those who are
detained nor for those assigned to monitor their custody. Just as
the crowding of CBP’s short term holding facilities should be avoid-
ed during the pandemic, so should ICE detention facilities, which
provide little opportunity for social distancing and are understaffed
for the level of medical monitoring now required.
Defiance of Congressional Intent and Oversight
This Administration and the Department have increasingly ig-
nored the constitutional role of Congress in providing oversight of
the Executive Branch. The Administration ignored the will of Con-
gress, represented by the agreements on border wall construction
funding in Public Law 116–6 and Public Law 116–93, to limit fiscal
year 2019 and fiscal year 2020 funding for border barriers. Instead,
the Administration diverted billions of dollars from Department of
Defense accounts that Congress intended for Department of De-
fense priorities. To partially compensate for this Administration
overreach, the bill rescinds $1,375,000,000 from CBP’s Procure-
ment, Construction, and Improvements account, the amount appro-
priated in fiscal year 2020 for border wall construction.
The Department has also provided inadequate and untimely re-
sponses to numerous and repeated requests for information by the
Committee—bipartisan requests for information appropriate and
SSpencer on DSKJLSW7X2PROD with REPORTS
necessary for fulfilling the Committee’s oversight role, including re-
quests for details on funding execution and personnel hiring from
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00006 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
7
CBP, ICE, U.S. Citizenship and Immigration Services (USCIS), and
the United States Secret Service; metrics and data necessary for
evaluating ‘‘pilot’’ programs; guidance to personnel and data on
new expedited removal pathways and the legally questionable Re-
turn to Mexico program; briefings and information from the De-
partment’s Chief Medical Officer and CBP related to medical guid-
ance governing CBP operations; guidance to CBP personnel on fam-
ily separation; resistance to requests for information from CBP and
ICE on expulsions carried out under the Secretary’s interpretation
of title 42 authority; details regarding ICE’s interior enforcement,
detention, and removal operations; information on FEMA’s pan-
demic response planning; and information related to the Coast
Guard’s procurement decisions. As a consequence, funding levels
for various departmental headquarters offices are reduced.
In addition, the Department has violated the long-standing
agreement on proposed reprogramming and transfer actions,
whereby the Department seeks concurrence from the Committee
prior to implementing such actions and works with the Committee
to resolve impediments to such concurrence. As a result, the bill
provides no transfer authority and limits most reprogramming ac-
tivity for the Department in fiscal year 2021.
USCIS Operations
USCIS responsiveness has improved incrementally since mid-
May, when the agency provided the Committee with technical as-
sistance on an emergency funding requirement stemming from an
imbalance between fee revenue and operational costs. Curiously,
despite acknowledging the agency’s funding shortfall, the Office of
Management and Budget has failed to submit a formal request for
emergency funding.
While USCIS has asserted that its shortfall in resources is due
primarily to impacts of the COVID-19 pandemic, close analysis in-
dicates that the agency has ramped up its administrative, vetting
and fraud detection activities in a way that has been
unsustainable, and with no convincing justification beyond the di-
rectives of the White House. The Committee is working with
USCIS and the House Judiciary Committee, which has jurisdiction
over USCIS fee funding, to draft a recommendation for emergency
funding that would ensure USCIS can continue operating for the
rest of fiscal year 2020 and into fiscal year 2021, while also impos-
ing new oversight requirements and fee revenue authorities to help
prevent future funding shortfalls and prevent the burden of the
current shortfall from falling on applicants for immigration bene-
fits.
Summary
Title I contains funds for departmental management and over-
sight activities, biometric identification services, and law enforce-
ment and protective security services at federally owned, leased, or
operated facilities. Title II ensures the Department’s frontline oper-
ational components have the resources to carry out effectively their
SSpencer on DSKJLSW7X2PROD with REPORTS
security, enforcement, and investigative missions. Title III includes
funds necessary to prepare for, respond to, and recover from disas-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00007 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
8
ters and cyber-attacks on the population or the nation’s critical in-
frastructure. Title IV supports citizenship, immigration, and em-
ployment eligibility verification services; law enforcement training;
research and development functions; and efforts to counter chem-
ical, biological, radiological, and nuclear threats. Title V includes
basic general provisions for oversight, reprogramming limitations,
reporting requirements, and funding limitations.
Account level funding details at the program, project, and activ-
ity levels are included in the back of this report.
TITLE I—DEPARTMENTAL MANAGEMENT, OPERATIONS,
INTELLIGENCE, AND OVERSIGHT
Mission
The mission of Departmental Management, Operations, Intel-
ligence, and Oversight is to provide leadership and services to DHS
components; formulate policy guidance and directives; disseminate
intelligence; identify and track performance measurements relating
to DHS missions; and provide oversight for all DHS operations.
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
The Office of the Secretary and Executive Management (OSEM)
plans and executes departmental strategies to accomplish agency
objectives and provides policy guidance to departmental compo-
nents.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020 ......................................................... $168,808,000
Budget request, fiscal year 2021 ....................................................... 150,359,000
Recommended in the bill ................................................................... 151,868,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. ¥16,940,000
Budget request, fiscal year 2021 ................................................ +1,509,000
The recommendation includes increases above the request total-
ing $19,588,000 to help maintain current services as follows:
$43,000 for the Office of the Secretary; $1,415,000 for the Privacy
Office; $2,113,000 for the Office of Strategy, Policy, and Plans;
$5,081,000 for the Office of Civil Rights and Civil Liberties (CRCL);
$753,000 for the Office of the Citizenship and Immigration Services
Ombudsman; $10,000,000 for the Office of the Immigration Deten-
tion Ombudsman; and $183,000 for the Office of Partnership and
Engagement.
In addition, the Committee provides $19,000,000 in enhance-
ments above the request, including: $1,000,000 for the Office of
Strategy, Policy, and Plans; $6,500,000 for CRCL; $10,000,000 for
the Office of the Immigration Detention Ombudsman, for a total for
the office of $20,000,000; and $1,500,000 for the Office of Partner-
ship and Engagement;
Proposed amounts are reduced by $37,079,000, consisting of
$1,079,000 for Awards Spending, $7,000,000 as a general reduction,
and $29,000,000 due to inadequate responsiveness to requests for
SSpencer on DSKJLSW7X2PROD with REPORTS
information to inform Committee oversight, including $3,000,000
from the Office of the Secretary; $1,500,000 from the Office of Leg-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00008 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
9
islative Affairs; 4,500,000 from the Office of General Counsel; and
$20,000,000 from the Office of Strategy, Policy, and Plans.
Access to Counsel.—The Committee is concerned about reports of
DHS components denying attorney access to clients in DHS custody
and failing to permit meaningful attorney participation in credible
or reasonable fear screenings and non-refoulement interviews tak-
ing place in CBP custody. A provision is included in the bill prohib-
iting the use of funds to obstruct migrants from having unimpaired
access to counsel, including prospective pro-bono counsel, and re-
quiring the Secretary and the CRCL Director to certify to the Com-
mittee as to whether such obstruction is occurring.
In addition, not later than 60 days after the date of enactment
of this Act, the Committee directs the Secretary to develop and
make publicly available online a procedure for reasonable and
timely attorney access to clients at each land port of entry, CBP
holding facility along the southern land border, and ICE detention
facility, including processes for ensuring that attorneys are able to
communicate in person or via telephone in any credible or reason-
able fear screening or non-refoulement interview taking place while
the individual is in custody. DHS shall also provide free unimpeded
access to telephones for all individuals held in its custody.
Blue Campaign.—The recommendation includes an increase
above the request of $1,000,000 to the Office of Partnership and
Engagement (OPE) for the Blue Campaign, for a total of $2,160,000
for the program. A department-wide initiative to combat human
trafficking, the Blue Campaign has historically been funded
through end-of-year contributions from components, an approach
that is inappropriate for the program’s long-term sustainment. In
addition to this direct appropriation, DHS is directed to account for
and propose full, direct funding for program operations in the jus-
tification materials that accompany future budget submissions.
The Committee recognizes the importance of Blue Campaign
work with private sector and non-profit organizations to identify
and report human trafficking and notes that House Report 116–180
directed OPE to provide a briefing on the potential for in-person
training of airline personnel on recognizing the signs of human
trafficking and for expanding such training to include the identi-
fication of individuals at risk for forced marriage abroad. The brief-
ing provided by OPE on June 30, 2020, concluded that the large
number of airline personnel nation-wide makes in-person training
challenging and noted that adding new training modules to identify
signs of forced marriage abroad or other trafficking indicators
would require OPE to partner across the federal government and
academia to define such indicators. Within the additional funding
recommended for the Blue Campaign, OPE is urged to pilot in-per-
son, interactive training approaches and to add additional modules,
including forced marriage indicators, to its training curriculum.
Chief Medical Officer (CMO).—DHS is directed to comply with
the direction in the Explanatory Statement accompanying Public
Law 116–93 addressing the review of all medical contracts and de-
velopment of requirements for medical services. It is the expecta-
tion of the Committee that the Chief Medical Officer will have a
SSpencer on DSKJLSW7X2PROD with REPORTS
lead role in the development of any related contract requirements,
requests for information and proposals, and reviews of bids and of-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00009 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
10
fers for any DHS component to ensure they include the appropriate
requirements for medical services, including but not limited to pro-
fessional healthcare system administration; disease surveillance,
reporting, and outbreak response; and measurable performance
standards for current and future healthcare record systems.
Additionally, DHS is reminded of the requirement in the Explan-
atory Statement accompanying Public Law 116–93 concerning a
medical strategy. The Committee encourages the Secretary to dele-
gate this effort to the Department’s Chief Medical Officer.
Counterfeit and Pirated Goods.—The report to the President on
Combating Trafficking of Counterfeit and Pirated Goods includes
an 11-point action plan to help commerce stakeholders become
more active in preventing the online trafficking of counterfeit and
pirated goods. The Committee directs the Department to provide an
update on the implementation of the action plan within 30 days of
the date of enactment of this Act. In addition, the Department is
directed to include in its annual budget justifications a display on
the implementation status of this initiative.
CRCL Compliance Division.—The Committee recommends
$36,161,000 for CRCL, including an increase of $1,500,000 for the
Compliance Division to enhance the monitoring and investigation
of Secure Communities; the 287(g) program; the Criminal Alien
Program; detention facility conditions and contracting; Fugitive Op-
erations; enforcement at and near sensitive locations, including
courthouses, hospitals, houses of worship, and schools; protections
for crime victims and witnesses; access to interpretation services;
and border enforcement actions, including due process protections
and the treatment of individuals in CBP facilities. Not later than
30 days after the date of enactment of this Act, CRCL shall provide
an obligation plan to the Committee on the use of funds provided
above the budget request.
CRCL shall ensure that all individuals whose complaints it in-
vestigates receive information within 30 days of the submission of
a final report or recommendations memorandum, including find-
ings of fact, conclusions, and recommendations. CRCL shall also
ensure that such information is included in its annual report to
Congress, consistent with individual privacy protections.
Freedom of Information Act (FOIA) Backlog Reduction Plan.—
The Committee notes that the November 8, 2019, plan the Depart-
ment provided to the Committees on April 17, 2020, for eliminating
the department-wide backlog of FOIA requests by the end of fiscal
year 2022 failed to include any funding estimates, as required by
House Report 116–80. The Secretary shall provide an updated plan
within 90 days of the date of enactment of this Act that includes
such funding estimates.
Homeland Security Academic Advisory Council.—Following the
termination of the Homeland Security Academic Advisory Council,
the Committee is aware of support for increased departmental en-
gagement with higher education institutions on a range of issues,
including foreign influence; student and recent graduate recruit-
ment; international students; academic research and faculty ex-
changes; campus resilience; homeland security academic programs;
SSpencer on DSKJLSW7X2PROD with REPORTS
visa processing; proposed regulatory changes; and cybersecurity.
Within the funds provided, the Secretary is directed to support ex-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00010 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
11
panded outreach to universities, including through the establish-
ment of an advisory body consisting of representatives of univer-
sities and education associations.
Immigration Case Processing.—The Committee is aware that the
Department is working with the Department of Justice (DOJ) to
develop a common, interoperable and automated immigration case
processing system for DHS and DOJ components that have immi-
gration related responsibilities. The Committee directs the Office of
Policy to provide an update on the implementation plan for this
system within 90 days of the date of enactment of this Act.
Immigration Data Integration Initiative.—The Committee rec-
ommends $3,113,000 above the request for the Immigration Data
Integration Initiative, which is focused on enabling the Department
to provide timely reporting of border security and immigration en-
forcement data. Such data is important for informing component
operations and for supporting departmental and congressional
oversight. Specifically, the initiative will enable DHS to develop
uniform immigration data standards; provide stakeholders with
real- or near real-time access to relevant data; ensure that immi-
gration records are fully linked across DHS and other federal agen-
cy data systems; and meet transparency requirements directed by
the Committee.
Joint Cybersecurity Coordination Group.—The Committee rec-
ommendation includes $2,596,000 for the Joint Cybersecurity Co-
ordination Group (JCCG), as requested. The JCCG will serve as a
coordinating entity that will help the Department identify strategic
priorities and synchronize cyber-related activities across the oper-
ational components. Not later than 180 days after the date of en-
actment of this Act, the JCCG and the Cybersecurity and Infra-
structure Security Agency (CISA) shall jointly brief the Committee
on the Department’s efforts to develop, plan, and execute strategic
operational priorities for long-term cyber protection and deterrence
in a risk reduction framework. The briefing shall include a par-
ticular focus on how the JCCG mission does not overlap on or in-
trude into CISA’s mission and shall also address the potential ben-
efits of adopting a’’ Cybersecurity as a Service’’ approach to better
mitigate risk across the Department.
Joint Requirements Council.—The Committee directs the Depart-
ment to continue providing quarterly updates on Joint Require-
ments Council activities.
Metrics and Reporting on Removals, Expulsions, and Returns.—
The bill includes a provision requiring the Secretary to establish,
collect, and report on metrics related to migrants who are removed
under the Department’s novel expedited removal pathways, includ-
ing the so-called Humanitarian Asylum Review Process and
Prompt Asylum Claim Review programs; expelled under the Sec-
retary’s interpretation of title 42 authority; or returned under the
Return to Mexico program and asylum cooperative agreements. The
bill withholds $10,000,000 from the Office of the Secretary and Ex-
ecutive Management until the Secretary submits the first semi-
monthly data required by this provision.
National Use of Force Database.—The Committee directs the De-
SSpencer on DSKJLSW7X2PROD with REPORTS
partment to develop policies and procedures to submit use of force
data by departmental law enforcement components to the Federal
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00011 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
12
Bureau of Investigation’s (FBI) National Use of Force Data Collec-
tion database. The Committee further directs the Department to
update the Committee, not later than 90 days after the date of en-
actment of this Act, on its efforts to tabulate and submit its use
of force data to the FBI.
Office of the Immigration Detention Ombudsman.—The rec-
ommendation includes a total of $20,000,000 for the Office of the
Immigration Detention Ombudsman. The annual report of the Im-
migration Detention Ombudsman, as required by Public Law 116–
93, shall include descriptions of its activities, findings, and rec-
ommendations, including a copy of any complaint form or mecha-
nism created; the number and types of complaints received, inves-
tigated, referred to the Office of Detention Oversight, and referred
to the Office of Inspector General. In addition, the Ombudsman
shall brief the Committee quarterly on the Office’s activities.
The Committee notes that the Secretary has not yet appointed
a qualified individual to the ombudsman position and reminds the
Department that Public Law 116–93 withholds $500,000 from the
Office of the Secretary until that appointment is made.
Performance Measures.—The Committee directs all agencies
funded by this Act to comply with title 31 of the United States
Code, including the development of their organizational priority
goals and outcomes such as performance outcome measures, output
measures, efficiency measures, and customer service measures.
Public Complaint and Feedback System Working Group.—The
Committee continues to support efforts to improve departmental
performance in its interactions with the public and includes an in-
crease of $500,000 to support the activities of the Public Complaint
and Feedback System Working Group. The Working Group should
work to develop standards to improve customer service and incor-
porate such standards into the performance plans required under
31 U.S.C. 1115. The Office of Partnership Engagement shall con-
tinue to brief the Committee semi-annually on the progress of the
Working Group, as described in the explanatory statement accom-
panying Public Law 115–141.
Sodium Cyanide.—The Committee is aware of concerns about
certain containers used to import sodium cyanide briquettes for use
in mining operations. The Department is directed to work with the
Environmental Protection Agency and the Department of Transpor-
tation to assess the safety and security of so-called ‘‘bag-box’’ con-
tainers when used to import sodium cyanide. Not later than 45
days after the date of enactment of this Act, the Department and
these agency partners are directed to jointly brief the Committee
on whether such containers pose a safety or security threat that
might warrant a legal or regulatory prohibition on the use of such
containers.
Strategic Response Strategy for Biological Threats.—The Com-
mittee directs the Secretary to establish and maintain a strategic
response strategy for biological threats that have the potential to
impact the ability of the Department to execute or sustain its
homeland-security mission. The Committee directs DHS to provide
a briefing on the strategy not later than 120 days after the date
SSpencer on DSKJLSW7X2PROD with REPORTS
of enactment of this Act. At a minimum, the strategy should con-
tain a plan to safeguard front-line personnel, travelers, and mi-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00012 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
13
grants at and between the land ports of entry and procedures that
facilitate international trade and all essential travel by U.S. citi-
zens and lawful permanent residents seeking entry into the United
States.
Targeted Violence and Terrorism Prevention.—A total increase of
$80,000,000 is provided for Targeted Violence and Terrorism Pre-
vention (TVTP), including increases of $11,000,000 for the TVTP
Office within the Office of Strategy, Policy, and Plans; $10,000,000
for TVTP grants under the Federal Emergency Management Agen-
cy; $1,000,000 through the Federal Law Enforcement Training
Centers; $20,000,000 through Intelligence, Analysis, and Oper-
ations Coordination; $31,000,000 through the Cybersecurity and In-
frastructure Security Agency; and $7,000,000 through the Science
and Technology Directorate.
Over the last few decades, white supremacists and other far-right
extremists have been responsible for almost three times as many
targeted attacks on U.S. soil as Islamic terrorists. One of the most
recent examples was the brazen murder of contract Federal Protec-
tive Service Officer David Patrick Underwood and the injury of a
second officer in Oakland, California, in late May, allegedly by an
individual associated with a far-right extremist group; the same in-
dividual allegedly murdered a Santa Cruz County, California, law
enforcement officer. The Committee is supportive of the rebal-
ancing of resources throughout the Department to reflect this pre-
ponderance of threat. The Committee directs the Office of Strategy,
Policy, and Plans to continue to provide regular updates on the pro-
grams and activities of the Office for TVTP, including its efforts to
broaden the Department’s focus on countering domestic extremism,
terrorist radicalization, and recruitment.
Training.—The Committee supports vigorous action to improve
training for all federal, state and local law enforcement officers on
racial profiling, implicit bias, procedural justice, the use of force,
and the duty for officers to intervene when witnessing the use of
excessive force against civilians. The Committee therefore directs
the Secretary to work with the Attorney General and the Federal
Law Enforcement Training Centers to establish improved, manda-
tory training on these topics for all federal law enforcement offi-
cers, along with the development of related standards that can be
applied in hiring and performance assessments. Such standards
should be designed to also apply to state and local governments as
an eligibility requirement for receiving federal grant funding, in-
cluding State Homeland Security Program grants and Urban Areas
Security Initiative grants. These training requirements and stand-
ards should be based on the related provisions in H.R. 7120, as
passed by the House of Representatives in June 2020.
The Committee recommends an increase of $4,700,000 above the
request for the Federal Law Enforcement Training Centers to ex-
pand use of force and de-escalation training to additional state and
local law enforcement personnel.
Transnational Criminal Use of Agriculture Imports.—The Com-
mittee is concerned with reports that transnational criminal orga-
nizations (TCO) are combining narcotics smuggling and money
SSpencer on DSKJLSW7X2PROD with REPORTS
laundering with agriculture operations, thereby further subsidizing
foreign produce and harming domestic farm operations. TCOs have
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00013 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
14
concealed narcotics or comingled them within produce shipments
entering the United States, while comingling or concealing illicit fi-
nancial proceeds within goods or merchandise being exported from
the country. The Committee directs the Department to determine
the extent of TCO involvement in foreign produce bound for the
United States and to brief the Committee on efforts taken to ad-
dress these threats in fiscal years 2020 and 2021 and how those
efforts compare to prior years.
Translation Services.—The Committee reminds the Department
of the requirement in House Report 116–180 to provide a plan for
ensuring access to appropriate translation services for all individ-
uals encountered by CBP, ICE, and U.S. Citizenship and Immigra-
tion Services, including an estimate of related resource require-
ments and the feasibility and potential benefit of these components
jointly procuring such services. The Committee looks forward to re-
ceiving this overdue plan as soon as possible.
Travel Costs.—A provision is included in the bill requiring the
Department to provide a quarterly travel report to the Committee
not later than 30 days after the end of each fiscal quarter, begin-
ning with the end of the first quarter after the date of enactment
of this Act. The report shall detail all direct and indirect costs of
both official and nonofficial travel by the Secretary and the Deputy
Secretary, delineated by trip for that quarter, within all DHS ap-
propriations.
Travel Restrictions.—The Committee directs the Secretary to
work with the Government of Canada to establish and maintain
the following exemptions to the US-Canada non-essential travel re-
strictions: family reunification and travel to secure property with
the appropriate quarantining measures recommended by the Cen-
ters for Disease Control and Prevention.
MANAGEMENT DIRECTORATE
Mission
The mission of the Management Directorate is to provide policy,
guidance, operational oversight and support, and management so-
lutions for the Department.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020 ......................................................... $1,182,142,000
Budget request, fiscal year 2021 ....................................................... 1,402,196,000
Recommended in the bill ................................................................... 1,401,757,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +219,615,000
Budget request, fiscal year 2021 ................................................ ¥439,000
The recommendation includes $4,105,000 above the request to
help maintain current services, including: $1,693,000 for the Office
of the Chief Procurement Officer; $1,154,000 for the Office of the
Chief Financial Officer; and $1,258,000 for the Office of the Chief
Information Officer. A reduction to the request of $2,569,000 is as-
sociated with the proposal for Award Spending.
Advertising Services.—The Committee directs the Department to
SSpencer on DSKJLSW7X2PROD with REPORTS
provide, as part of the fiscal year 2022 budget justification or as
a report to the Committee not later than 60 days after the date of
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00014 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
15
enactment of this Act, the following information: the total amount
obligated for advertising service contracts for the prior fiscal year
and a target amount for the current year and the budget year, in-
cluding delineations of such total amounts obligated to socially and
economically disadvantaged small business concerns, as defined in
section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)), and
to women-owned and minority-owned businesses.
Obligation Plans.—The Department shall continue to submit ob-
ligation plans on a quarterly basis, as detailed in Public Law 114–
113 and Public Law 115–31. The Office of the Chief Financial Offi-
cer (OCFO) shall require the use of a uniform obligation plan tem-
plate to ensure consistency across components, which shall include
quarterly spending targets for each account and PPA. Each compo-
nent shall be required to report to OCFO all actual obligations and
expenditures within 20 days of the close of each quarter and OCFO
shall provide the consolidated set of plans to the Committee within
30 days of the close of each quarter. OCFO will also be responsible
for ensuring that components with major acquisition programs in-
clude the breakout of these programs within their quarterly plans
and provide additional context to describe and justify any changes
from the prior submission. During the period of any continuing res-
olution, OCFO shall provide a briefing on the corresponding obliga-
tion and budget execution plan, as directed in House Report 114–
215.
Shooting Ranges.—The Committee again reminds DHS of the di-
rective in House Report 116–9 to assess options for expanding the
availability of shooting ranges across departmental components.
The required briefing on this fiscal year 2019 directive shall be pro-
vided to the Committee as soon as possible.
Summary Ratings.—The Committee directs the Department’s
Chief Acquisition Officer to provide quarterly updates on summary
ratings for all Level 1 and 2 programs.
Traveler Identity Verification.—The Committee reminds the De-
partment of the requirement in House Report 116–180 to brief the
Committee on the status of testing CBP’s Traveler Verification Sys-
tem (TVS) in TSA’s operational environment, and the potential for
TVS to serve as an enterprise level solution for biometric identifica-
tion of travelers for the Department.
The Committee looks forward to receiving this overdue briefing
as soon as possible.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020 ......................................................... $381,298,000
Budget request, fiscal year 2021 ....................................................... 359,450,000
Recommended in the bill ................................................................... 359,450,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. ¥21,848,000
Budget request, fiscal year 2021 ................................................ –––
Headquarters Consolidation.—The Committee directs the Depart-
ment to provide an update on headquarters consolidation not later
SSpencer on DSKJLSW7X2PROD with REPORTS
than 30 days after the date of enactment of this Act.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00015 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
16
FEDERAL PROTECTIVE SERVICE
Appropriation, fiscal year 2020 ......................................................... $1,559,930,000
Budget request, fiscal year 2021 ....................................................... 1,588,748,000
Recommended in the bill ................................................................... 1,588,748,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +28,818,000
Budget request, fiscal year 2021 ................................................ –––
Mission
The Federal Protective Service (FPS) delivers law enforcement
and protective security services to federally owned, leased, or oper-
ated facilities.
The Committee recommends $1,588,748,000 for the FPS, the
same as the amount requested, which is fully offset by fees col-
lected from FPS customer agencies.
INTELLIGENCE, ANALYSIS, AND OPERATIONS COORDINATION
Appropriation, fiscal year 2020 ......................................................... $284,141,000
Budget request, fiscal year 2021 ....................................................... 312,638,000
Recommended in the bill ................................................................... 311,263,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +27,122,000
Budget request, fiscal year 2021 ................................................ ¥1,375,000
Mission
The missions supported through Intelligence, Analysis, and Oper-
ations Coordination are twofold: to equip the Homeland Security
Enterprise with timely intelligence and information to keep the
homeland safe, secure, and resilient; and to provide operations co-
ordination, information sharing, situational awareness, a common
operating picture, and departmental continuity.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020 ......................................................... $284,141,000
Budget request, fiscal year 2021 ....................................................... 312,638,000
Recommended in the bill ................................................................... 311,263,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +27,122,000
Budget request, fiscal year 2021 ................................................ ¥1,375,000
Recommended adjustments to classified programs and more de-
tailed oversight of funding for the Office of Intelligence and Anal-
ysis are addressed in the classified annex accompanying this re-
port.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2020 ......................................................... $190,186,000
Budget request, fiscal year 2021 ....................................................... 177,779,000
Recommended in the bill ................................................................... 190,186,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ +12,407,000
Mission
SSpencer on DSKJLSW7X2PROD with REPORTS
The DHS Office of Inspector General (OIG) conducts and super-
vises independent audits, investigations, and inspections of DHS
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00016 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
17
programs, projects, and activities; identifies fraud, abuse, mis-
management, and inefficiencies in the use of funds; and makes rec-
ommendations for improving the execution of DHS missions.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020 ......................................................... $190,186,000
Budget request, fiscal year 2021 ....................................................... 177,779,000
Recommended in the bill ................................................................... 190,186,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ +12,407,000
The recommendation includes increases to the request totaling
$12,407,000 to partially restore current services. A reduction of
$952,000 to the request is associated with a proposed increase in
awards spending.
Border Security and Immigration Oversight.—The OIG is di-
rected to enhance oversight and investigations related to immigra-
tion and border security policies and activities, including: the im-
plementation of executive orders and policies; enhanced vetting;
processing delays or denials associated with immigration benefit
applications, particularly those disproportionately affecting a par-
ticular applicant category; Deferred Action for Childhood Arrival
renewals; safeguards for the due process rights of asylum seekers
and other migrants; the implementation of the ‘‘Migrant Protection
Protocols,’’ ‘‘Asylum Cooperative Agreements,’’ the ‘‘Prompt Asylum
Claim Review’’ program, and the ‘‘Humanitarian Asylum Review
Process;’’ the ‘‘Criminal Alien Program’’ and the ‘‘Fugitive Oper-
ations’’ program; random inspections of ICE and CBP detention fa-
cilities; detention facility contracting; the 287(g) and Secure Com-
munities programs; and enforcement activities at and near sen-
sitive locations. Within the amount provided, at least $300,000
shall be dedicated to obtaining expert support for unannounced in-
spections of ICE and CBP detention facilities, including experts in
the fields of medical care, mental health care, hygiene, and sanita-
tion.
The OIG is directed to provide a briefing to the Committee, not
later than 30 days after the date of enactment of this Act, detailing
the funding baseline for its activities in these areas during fiscal
years 2019 and 2020.
Deaths in Custody.—The Committee is particularly concerned
about the deaths of individuals in the custody of ICE and CBP. In
addition to the categories of activities noted in the section above,
the OIG is directed to invest additional resources in assessing
whether systemic factors, policies, or processes have played a role
in such deaths and make recommendations for reducing the risk of
future deaths.
Reports and Detention Inspections.—The Committee is concerned
by the recent reduction in the number of OIG reports. While the
number of reports published is not an absolute measure of OIG
productivity, it is a quantifiable metric that is related to workload
for purposes of resource analysis. In fiscal year 2015, for instance,
SSpencer on DSKJLSW7X2PROD with REPORTS
the OIG published a total of 161 reports, but has only published
40 reports during the first three quarters of fiscal year 2020.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00017 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
18
The COVID-19 pandemic has likely contributed to reduced pro-
ductivity during the past few months, but it is insufficient as an
explanation for the broader trend that became apparent during the
first half of the fiscal year. When comparing the first half of fiscal
year 2015 to the first half of 2020, the number of published reports
decreased from 61 reports to 22 reports, a reduction of 64 percent.
The Committee notes that OIG funding for the current year is 42
percent higher than fiscal year 2015, increases that allowed the
OIG to hire for an additional 100 positions, or an increase of over
15 percent.
Equally concerning are questions about the timeliness and thor-
oughness of the reporting related to immigration detention and en-
forcement. Several members of Congress have expressed such con-
cerns in writing to the Department, including concerns about inad-
equate investigations into the tragic deaths of migrants in CBP
custody. In two instances, those investigations took over a year and
were published without any recommendations. One of the reports
consisted of only a one-page summary of findings. Another inves-
tigation into the death of a child in June 2019 is still awaiting com-
pletion.
Most concerning, the OIG has been directed and explicitly funded
in recent years to increase the frequency of its unannounced in-
spections of the Department’s detention centers but conducted only
three such inspections of ICE facilities in fiscal year 2019, despite
numerous and continued allegations of deficient care. When asked
by the Committee about plans for increased unannounced inspec-
tions, the OIG indicated that although it planned to conduct 38 un-
announced inspections in fiscal year 2020, it had completed only
three such inspections prior to the imposition of COVID-19 travel
restrictions.
On June 18, 2020, the OIG published a report, Early Experiences
with COVID-19 at ICE Detention Facilities (OIG-20-42) based on
survey results and policy reviews at ICE detention centers. Given
the gravity of concerns with ICE detention, it was disappointing to
learn that the OIG used its resources to conduct a simple survey
that allowed the agency and its contractors to evaluate themselves.
Not only is this a concern regarding the use of resources, but also
about the loss of time to institute timely corrective actions where
a communicable disease has captured the world’s attention and the
lives and health of detainees and detention facility personnel are
at risk. The OIG has indicated that it is in the process of planning
on-site inspections as a follow-on to the survey; the Committee
urges the OIG to proceed with all due haste and looks forward to
a report on the results.
At a minimum, the Committee directs that future reviews and
inspections of DHS detention operations:
1. be thorough to evaluate actual conditions at facilities and be
based on a sufficiently large, representative sample of unan-
nounced inspections;
2. involve meaningful, confidential conversations with detained
individuals, using interpreters as needed; and
SSpencer on DSKJLSW7X2PROD with REPORTS
3. include interviews with legal service providers and visitation
groups.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00018 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
19
Not later than 30 days after the date of enactment of this Act,
the OIG is directed to brief the Committee on its planned use of
fiscal year 2021 funding in line with the directives in this report.
That briefing should include a description of how the OIG deter-
mines which complaints are sufficiently serious to warrant an OIG
investigation and which complaints it determines can be effectively
investigated at the component level.
Unannounced Inspections.—The OIG shall continue unannounced
inspections of immigration detention facilities and publish the re-
sults of such inspections and other reports related to custody oper-
ations activities on its public website.
TITLE I—ADMINISTRATIVE PROVISIONS—THIS ACT
Section 101. The Committee continues a provision requiring the
Department to submit a report to the Inspector General regarding
grants or contracts awarded by means other than full and open
competition and requires the Inspector General to review such
grants or contracts and report the results to the Committees.
Section 102. The Committee includes a provision requiring the
Chief Financial Officer of the Department to provide a monthly
budget and staffing report to the Committees.
Section 103. The Committee continues a provision requiring the
Secretary to link all contracts that provide award fees to successful
acquisition outcomes.
Section 104. The Committee continues a provision requiring the
Secretary to notify the Committees of any proposed transfer of
funds from the Department of Treasury Forfeiture Fund to any
DHS component and modifies it to prohibit the use of such funds
for border security infrastructure.
Section 105. The Committee continues a provision related to offi-
cial costs of the Secretary and Deputy Secretary.
Section 106. The Committee includes a provision requiring the
Secretary to collect and publish data on asylum cooperative agree-
ments signed with other countries, expedited removal programs,
and the Migrant Protection Protocols program.
Section 107. The Committee includes a provision requiring the
Secretary to conduct a survey and report to Congress on the extent
of human trafficking in the United States.
Section 108. The Committee includes a provision requiring the
Secretary to conduct pilot programs in certain states allowing
Mexican citizens with certain identification documents to travel
more extensively in those states.
Section 109. The Committee includes a provision requiring the
Secretary to provide quarterly reports on the travel of the Sec-
retary and Deputy Secretary.
Section 110. The Committee includes a provision limiting the use
of funds for pilot programs unless the Secretary first provides infor-
mation to the Committee related to the goals and evaluation of
such programs.
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00019 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
20
TITLE II—SECURITY, ENFORCEMENT, AND
INVESTIGATIONS
U.S. CUSTOMS AND BORDER PROTECTION
Appropriation, fiscal year 2020* ....................................................... $14,915,867,000
Budget request, fiscal year 2021 ....................................................... 15,558,792,000
Recommended in the bill ................................................................... 14,407,785,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. ¥508,082,000
Budget request, fiscal year 2021 ................................................ ¥1,151,007,000
* Note—total includes $233,000,000 in emergency funding.
Mission
The mission of U.S. Customs and Border Protection (CBP) is to
enforce laws regarding the admission of foreign-born persons into
the United States and facilitate the flow of legitimate trade and
travel.
OPERATIONS AND SUPPORT
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2020* ....................................................... $12,735,399,000
Budget request, fiscal year 2021 ....................................................... 12,987,432,000
Recommended in the bill ................................................................... 13,240,238,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +504,839,000
Budget request, fiscal year 2021 ................................................ +252,806,000
* Note—total includes $203,000,000 in emergency funding.
The recommendation includes increases above the request for the
following: $241,445,000 to maintain baseline operations;
$20,000,000 for the Office of Professional Responsibility; $2,000,000
for the Office of the Chief Financial Officer; $25,000,000 for innova-
tive technology; $2,000,000 for rescue beacons for a total of
$4,000,000; $4,000,000 for Carrizo cane eradication, for a total of
$6,000,000; $132,000,000 for 1,200 CBP Officers, to include 350 of-
ficers funded with fee revenue; $7,000,000 for 70 Enterprise Serv-
ices mission support personnel; $3,000,000 for 30 Office of Field
Operations operational support positions; $30,000,000 for 200 agri-
culture specialists; $20,000,000 for port of entry (POE) technology;
$14,044,000 for incident driven video recording systems; and
$5,000,000 for border patrol roads. The recommendation does not
provide funding increases requested for awards spending, Border
Patrol relocation and retention, additional Border Patrol Agents, or
to sustain Border Patrol hiring carried out above the funded level
in fiscal year 2020.
Border Barrier Mitigation Activities.—The Committee continues
to be concerned about the impacts of border barrier construction on
sensitive lands and wildlife along the southwest land border, in-
cluding in national wildlife refuges, national forests, national
monuments, wilderness areas, and on imperiled species. CBP is re-
minded that House Report 116–180 requires a report on potential
mitigation opportunities, which is due to the Committee in late
June. In anticipation of that report, the Committee provides an ad-
SSpencer on DSKJLSW7X2PROD with REPORTS
ditional $75,000,000 for barrier mitigation in the Procurement,
Construction, and Improvements (PC&I) account.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00020 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
21
Custody and Transfer Metrics.—The Committee continues the di-
rection in the explanatory statement accompanying Public Law
116–6 on custody and transfer metrics requiring the Department to
publish the following on a publicly accessible website on a semi-
monthly basis: the number of migrants detained in CBP facilities
broken out by sector, field office, temporary spaces, humanitarian
care centers, and central processing centers; and the utilization
rates of all such facilities. On a monthly basis, CBP shall publish
the number of migrants transferred out of CBP custody, delineated
by transfer destination, removal modality, and processing disposi-
tion. The Committee is encouraged by CBP’s efforts over the last
six months to build the capability to fulfill this reporting require-
ment.
Deaths in Custody.—The Committee directs CBP to notify the ap-
plicable consulate, congressional committees with relevant jurisdic-
tion, the Office of the Inspector General, and the Office of Civil
Rights and Civil Liberties within 24 hours of the death of any indi-
vidual in CBP custody or any individual not in custody if CBP per-
sonnel were involved in the death. The notification shall include
the name of the individual and the circumstances of the death. For
purposes of this requirement, CBP custody includes any individuals
detained on CBP’s behalf by another law enforcement agency or ad-
mitted to a medical facility while still in CBP’s legal custody. The
Committee also directs CBP to:
(1) provide the same notifications to the public after the
next-of-kin have been notified, or after reasonable efforts have
been made to notify the next-of-kin;
(2) preserve all video recordings of such individuals during
their time in custody until the completion of all related inves-
tigations;
(3) conduct interviews of relevant parties regarding the cir-
cumstances of the death;
(4) conduct an autopsy as part of a review of the cir-
cumstances leading to the death; and
(5) with the assistance of independent clinicians, conduct a
prompt mortality review of each death, including a review of
whether the individual’s treatment in detention complied with
CBP’s standards on Transport, Escort, Detention, and Search
(TEDS).
Not later than 30 days after the end of each fiscal year, CBP
shall submit a report to the Committee detailing all such deaths,
including summaries of mortality reviews and compliance with
TEDS. In addition, the Office of Professional Responsibility (OPR)
shall brief the Committee on its findings and associated rec-
ommendations for any deaths it investigates.
Definition of Death in Custody.—Not later than 60 days after the
date of enactment of this Act, CBP shall brief the Committee on
the definition of a death ‘‘in custody’’ and a death ‘‘not in custody’’
that will be used in notifications and investigations of any deaths.
The Committee expects to be notified of both types of death within
24 hours of the death.
Fee Revenue.—The Committee understands that the COVID-19
SSpencer on DSKJLSW7X2PROD with REPORTS
pandemic has had a significant impact on the collection of trade
and travel fee revenue on which the Office of Field Operations de-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00021 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
22
pends for a significant portion of its operations. Because the impact
on fiscal year 2021 collections is uncertain and still being estimated
by CBP, the recommendation is based on fee revenue estimates
provided in CBP’s budget request. As reliable estimates of the
pandemic’s impact on fee collections in the budget become avail-
able, the Committee will address potential funding shortfalls later
in the appropriations process.
Human Smuggling.—The Committee is concerned about reports
that transnational criminal organizations may combine narcotics
and humans in illicit smuggling attempts, thereby endangering the
lives of individuals being smuggled. The Committee directs the De-
partment to work with its federal law enforcement partners to en-
sure that the enforcement of anti-drug and anti-smuggling laws is
carried out in a manner protective of human life and safety. In par-
ticular, DHS should work to prevent the passage of any vehicle
through a checkpoint or port of entry for purposes of a controlled
delivery by another law enforcement agency if the vehicle may con-
tain individuals being smuggled under unsafe conditions, such as
the smuggling of one or more individuals in a confined or non-air
conditioned space.
Incident-Driven Video Recording System.—The Committee pro-
vides $14,044,000 to deploy the Incident-Driven Video Recording
System to additional Border Patrol Stations. This enhancement is
in addition to $20,000,000 provided for this purpose in Public Law
116–93. Not later than 90 days after the date of enactment of this
Act, CBP shall brief the Committee on the execution plan for the
effort, to include an implementation schedule and relevant policies
and procedures for the use of the technology and retention of and
access to video data.
Innovative Technology.—The Committee recommends a total of
$55,000,000 for innovation technologies, to include $25,000,000
within Operations and Support (O&S) and $20,000,000 under
PC&I. CBP is encouraged to review such technologies as mobile
mini-aerostat surveillance systems, Intelligence-Surveillance-Re-
connaissance technologies, countermeasures for unmanned aerial
vehicles, geospatial search and rescue platforms, remote sensing
technologies, high altitude persistence drones, and innovative tower
technologies. CBP is directed to update the Committee on the
planned obligation of these funds not fewer than 15 days prior to
any obligation of funds. Funding shall not exceed $5,000,000 for
any individual project.
Migrant Care.—To address deficiencies in CBP’s guidance and
associated implementation plans for ensuring the humane care of
migrants in custody, the Commissioner shall modify the existing
guidance to include the following:
(1) Initial Health Screening.—Health screening shall include
an interview, questionnaire, and physical exam, including a
measurement of vital signs and an age-appropriate assessment
of signs, symptoms, or risks, including for communicable dis-
eases, mental health conditions, or traumatic experiences.
(2) High-Priority Populations.—The initial health screening
shall take place within six hours of being detained for individ-
SSpencer on DSKJLSW7X2PROD with REPORTS
uals requiring prompt medical attention or who exhibit signs
of acute or potentially severe physical or mental illness; have
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00022 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
23
an acute or chronic physical or mental disability or illness;
pregnant women; children; and elderly individuals.
(3) Medical Equipment and Personnel.—Each location to
which detainees are first transported after an initial encounter
shall have the necessary equipment and trained personnel to
conduct the initial health screening, prevent the spread of com-
municable diseases, provide basic over-the-counter medications
appropriate for all age groups, and provide basic mental health
interventions for children or other vulnerable individuals. De-
tainees shall not be deprived of the use of any medication re-
quired to manage a chronic illness.
(4) Access to Water and Food.—In lieu of the report directed
in House Report 116–80, the Committee directs the CBP to en-
sure that detainees have access to not less than one gallon of
water per person per day; three meals per day totaling not
fewer than 2,000 calories per day for adults; food with age-ap-
propriate calorie content for children under the age of twelve;
and accommodations for any dietary needs or restrictions.
(5) Holding Facility Standards.—The Committee directs
CBP to ensure, within 60 days of the date of enactment of this
Act, that each facility at which an individual is detained is well
lit and well ventilated, with humidity and temperature kept at
comfortable levels (between 68 and 74 degrees Fahrenheit),
and has noise levels that are safe and conducive for sleeping
throughout the night between the hours of 10:00 in the evening
and 6:00 in the morning. In addition, each detainee shall be
provided with clean and temperature appropriate clothing and
bedding and no detainee may be placed in a room for any pe-
riod of time in which the number of individuals exceeds the
maximum occupancy level as determined by the appropriate
building code, fire marshal, or other authority.
(6) Consumables.—CBP shall maintain a sufficient supply of
sleeping mats, toothbrushes, toothpaste, feminine hygiene
products, other personal hygiene supplies, and diapers for hold-
ing facilities, and make each available upon request. CBP shall
also ensure that showers are available to individuals held in
custody for longer than 48 hours and that individuals with wet
or soiled clothing are provided age and gender-appropriate
clothing that is clean and dry.
Migrants—Child Welfare Professionals.—Within the funds pro-
vided in this and prior Acts for new operational support positions,
the Committee directs the Department to hire or otherwise obtain
the services of state-licensed child welfare professionals with cul-
turally competent, trauma-centered, and developmentally appro-
priate interviewing skills to provide child welfare expertise and
screening services on a full-time basis at each land POE and Bor-
der Patrol station along the southern land border. Not later than
60 days after the date of enactment of this Act, CBP shall provide
an execution plan for hiring child welfare professionals, to include
how the personnel will be deployed in the field and how translation
services will be provided.
Migrants—Families in Custody.—When considering whether a
SSpencer on DSKJLSW7X2PROD with REPORTS
family unit should remain together while in custody, the Commis-
sioner should consider the criminal history of the parent, safety
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00023 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
24
and comfort of the child, and physical and mental health of all
members of the family. When appropriate and feasible, CBP shall
ensure that separated family units are reunited and transferred to-
gether prior to removal, release from CBP custody, or transfer to
Immigration and Customs Enforcement custody. When CBP is re-
sponsible for the custody of unaccompanied alien children who are
siblings, the Commissioner shall, to the extent practicable and
when in the best interest of the children, place such siblings to-
gether in the same facility before the Department of Health and
Human Services assumes custody pursuant to 8 U.S.C. 1232(b).
Migrants—Personnel Training.—Because of the high incidence of
physical and mental trauma experienced by many migrants, par-
ticularly women and children, during their journey to the United
States, the Committee directs CBP to provide training on trauma-
informed care for all personnel who interact with migrants. This
training should include field personnel as well as mission support
personnel. Not later than 60 days after the date of enactment of
this Act, CBP shall provide an execution plan for such training, to
include a timetable for full implementation.
Migrant Property.—The Committee directs CBP to provide a
briefing, not later than 90 days after the date of enactment of this
Act, on its policies and protocols regarding the storage and transfer
or return of the personal property of migrants.
Migrants—Safety.—CBP shall continue its policies and activities
that help protect people who travel on foot through dangerous ter-
rain after having entered the United States between the ports of
entry. CBP shall continue to prohibit its personnel from engaging
in any activity that could damage water and food caches and in-
crease efforts to increase migrant safety, including through the
placement and maintenance of additional rescue beacons. The rec-
ommendation includes $4,000,000 for this purpose, an increase of
$2,000,000 above the fiscal year 2020 level.
Mitigation in Floodplains.—Not later than 60 days after the date
of enactment of this Act, CBP shall brief the Committee on its spe-
cific efforts to mitigate flooding and the negative economic, environ-
mental, and quality of life impacts of flooding on property owners,
communities, and wildlife in areas where border barriers have been
constructed.
National Standards on Transport, Escort, Detention, and Search
(TEDS).—The Committee directs GAO to review CBP’s perform-
ance metrics and oversight processes for the adherence of CBP per-
sonnel to the TEDS standards. The review should consider whether
CBP has processes in place to detect and correct failures to meet
standards; identify systemic challenges that lead to recurrent fail-
ures across the component; coordinate TEDS oversight to com-
plaints filed by individuals placed in CBP custody; and be informed
by input from stakeholder groups, including non-profit migrant
services organizations. GAO shall provide the Committee an up-
date on its progress and its preliminary findings not later than 180
days after the date of enactment of this Act.
Performance Measures.—To appropriately assess any request for
additional funding requires a clear understanding of the level of ac-
SSpencer on DSKJLSW7X2PROD with REPORTS
tivities supported by existing funding within a component’s base
budget. CBP should be able to directly tie their base budget to com-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00024 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
25
prehensive performance measures that capture both outputs and
outcomes. Within 60 days of the date of enactment of this Act, CBP
shall provide a briefing on a plan to incorporate existing and de-
velop new measures that provide Congress with a robust descrip-
tion of the activities supported by the agency’s base budget.
Polygraph Waivers.—The Committee continues to direct CBP to
provide quarterly reports on the number of applicants for employ-
ment to whom the Commissioner has granted polygraph waivers,
accompanied by the current Significant Admissions Summary,
which is a list of admissions to criminal and national-security-com-
promising acts that are uncovered during polygraph exams.
Prison Rape Elimination Act Compliance (PREA).—The Com-
mittee directs CBP to brief the Committee, not later than 90 days
after the date of enactment of this Act, on its planned schedule for
achieving 100 percent compliance with PREA requirements, the re-
sults of completed PREA audits, and an assessment of whether the
standards are effective in protecting vulnerable populations.
Prosecution of Asylum Seekers.—The Committee is concerned by
reports of the prosecution for illegal entry and reentry of individ-
uals who express a fear of return to their country of origin during
processing by CBP. The Administration is reminded of the United
States’ obligation under the 1951 Refugee Convention to refrain
from punishing asylum seekers for the way in which they enter the
country.
Reporting Requirements.—CBP shall continue to follow the direc-
tives in the explanatory statement accompanying Public Law 116–
6 related to the following according to the previously directed time-
frames unless otherwise specified:
(1) CBP-wide capability gaps;
(2) Border Patrol Workforce Staffing Model;
(3) Combined table of CBP interdictions of currency and
major categories of drugs;
(4) The number of detainees held by CBP for more than 48
and 72 hours, respectively;
(5) Allegations related to employee corruption;
(6) Use of force abuses;
(7) Checkpoint, transportation check, and roving patrol stop
operations, to include a timeline for full compliance with di-
rected reporting;
(8) Search and rescue efforts for fiscal year 2020;
(9) Land Port of Entry Infrastructure Capital Investment
Plan, to be provided to the Committee not later than 30 days
after the submission of the President’s budget request for fiscal
year 2022; and
(10) Staffing gains and losses.
Additionally, CBP shall continue to follow the directive in House
Report 116–180 related to the following according to the previously
directed timeframes unless otherwise specified:
(1) Electronic Device Searches, beginning not later than 180
days after the date of enactment of this Act;
(2) High-Speed Pursuits, beginning not later than 90 days
after the date of enactment of this Act including any rec-
SSpencer on DSKJLSW7X2PROD with REPORTS
ommendations made by OPR based on its investigations of the
use of high-speed pursuits and tactics used to stop vehicles;
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00025 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
26
(3) U.S. Citizens Held in CBP Custody;
(4) In-Custody Time for Unaccompanied Children; and
(5) Polygraph Waivers.
Staffing Shortages.—The Committee remains aware of continued
staffing shortages at land, sea, and air POEs, to include Inter-
national Mail Facilities (IMF) and Express Consignment Facilities
(ECF). The most recent resource allocation model states that CBP
requires at least 26,837 officers and 3,148 agriculture specialists
for existing requirements at the POEs, compared to current on-
board personnel levels of approximately 25,000 and 2,500, respec-
tively. Unfortunately, the President’s discretionary budget request
makes no significant attempt to mitigate this gap. To help address
these concerns, the recommendation includes funding for over 850
new CBP Officers, including 200 agricultural specialists, along with
30 operational support staff and 70 mission support staff. Com-
bined with 350 new officers CBP plans to hire using fee resources,
the total increase in CBP officer and support staff in fiscal year
2021 will total more than 1,500.
Training Facilities.—CBP should ensure that Air and Marine
Operations training centers have sufficient resources to meet train-
ing requirements for Air and Marine Agents, including funding for
a sufficient number of training simulators to accommodate newly
hired Agents.
Transparency.—The Committee continues to direct CBP to reit-
erate its commitment to a policy of ‘‘maximum disclosure, min-
imum delay’’ in releasing information to the media and public; con-
tinue to post all policies and guidelines that may be of interest to
the public on the agency’s website; and continue—or expand as
practicable—data collection that more effectively detects and deters
abuse, strengthens accountability, and ensures effective use of lim-
ited resources.
Video Monitoring.—The Committee continues the direction in-
cluded in the statement accompanying Public Law 116–93 that any
failure of closed caption television and associated storage equip-
ment in excess of 120 hours at any CBP facility that detains mi-
grants must be reported to the Office of Professional Responsibility.
Such reporting shall be updated weekly.
While CBP continues to implement this type of accountability
across a component that has over 12,000 cameras, it is clear to the
Committee that not only are there concerns with outages but with
the age and type of equipment. To address these concerns, the
Committee recommends an increase of $20,000,000 to procure new
and updated video monitoring equipment. CBP is encouraged to in-
clude automated processes for maintenance detection and report-
ing.
Border Security Operations
Carrizo Cane.—The recommendation includes an increase of
$4,000,000 above the fiscal year 2020 funding level for efforts to
control the growth of Carrizo cane along the Rio Grande River in
Texas, for a total of $6,000,000. CBP should continue to coordinate
with the Texas State Soil and Water Conservation Board and other
SSpencer on DSKJLSW7X2PROD with REPORTS
stakeholders on control efforts. The Committee reminds CBP that
it is directed to provide regular updates to the Committee on the
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00026 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
27
performance of this program related to increased visibility, biomass
reduction, and miles of river treated.
Collaboration with the Border Patrol.—The Committee continues
to encourage all state, local, tribal, and federal law enforcement
agencies working in the southwest land border region to collaborate
and operationally coordinate, when feasible, with sector chiefs in
their respective geographical regions.
Radios.—The Committee directs CBP to review the need to ret-
rofit U.S. Border Patrol radios to allow agents to operate on either
the CBP system or transfer to either a commercial LTE carrier or
the First Responder Network Authority (FirstNet) LTE Network.
Trade and Travel Operations
Agriculture Inspections—African Swine Flu.—CBP is directed to
ensure that its agriculture specialists are provided appropriate
training on detecting African Swine Flu.
Agriculture Inspections—Contaminated Products.—The Secretary
of Homeland Security, in coordination with the Secretary of Agri-
culture, shall provide a report on the inspection requirements for
identifying contamination in shipments of processed or raw food
products; raw processed, and finished meat products; or goods used
in agriculture, including livestock feeds and feed ingredients. The
report should provide recommendation for how such inspections
may be expanded or improved, including any associated resource
requirements. Additionally, CBP shall report quarterly on a public
facing website on the number of shipments seized due to contami-
nation, along with details on the contents of such shipments; the
intended use of products in the shipments; and their origin and
final destination.
Agriculture Inspections—Invasive Species.—The Committee is
concerned by the continued introduction of invasive species to Ha-
wai’i and to non-contiguous U.S. territories. The Committee directs
CBP to consult with the Department of Agriculture and other state
and local partners to better prevent the introduction of invasive
species to these locations, and to provide a report to the Committee
not later than 180 days after the date of enactment of this Act on
recommendations for preventing the introduction of invasive spe-
cies to these non-contiguous jurisdictions.
Biometric Exit.—The Committee continues direction for CBP to
provide a detailed expenditure plan for biometric exit activities
within 90 days of the date of enactment of this Act, as directed in
House Report 114–668.
Cargo Processing.—The Committee continues to direct CBP to
provide a briefing on its efforts to improve automated commercial
cargo processing, to include passive scanning at land ports of entry
(POE), not later than 60 days after the date of enactment of this
Act.
Forced Labor.—The recommendation includes $290,746,000 for
the Office of Trade (OT), including $8,052,000 for Trade Agree-
ment, Remedies and Enforcement personnel to strengthen enforce-
ment actions and processes that prevent the importation of prod-
ucts made with forced labor.
SSpencer on DSKJLSW7X2PROD with REPORTS
Jones Act.—The Committee recognizes the need for uniform ap-
plication and enforcement of coastwise laws across the nation and
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00027 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
28
directs CBP to devote not less than $1,000,000 to its Jones Act Di-
vision of Enforcement.
Land POE Hours of Operation.—The Committee directs CBP to
refrain from reducing the hours of operation at any POE unless
CBP can demonstrate that the reduction will benefit commerce
without introducing increased local traffic delays, and that it has
consulted with elected officials at all levels, community members,
and impacted private sector stakeholders prior to making changes.
In addition, CBP shall notify the Committee not later than 30 days
in advance of any proposed changes.
Mail Interdiction of Heroin & Opioids.—The Committee supports
CBP’s partnership with the United States Postal Service to use in-
novative technologies to detect opioids at international processing
centers. The Committee expects this collaboration to reach higher
capture rates and to continue the deployment of new technologies
to increase the detection of opioids and related substances.
Outbound Inspections.—DHS is directed to enhance its focus on
interdicting the outbound flow of smuggled firearms and illicit cur-
rency that fund and facilitate transnational criminal organizations.
The Committee includes funding in the PC&I account that may be
used for outbound inspection equipment and directs CBP to provide
a briefing, not later than 90 days after the date of enactment of
this Act, on a plan for expanding outbound inspections.
POE Hardening.—The Committee is concerned about the exten-
sive hardening and placement of barriers around POEs and directs
CBP to brief the Committee on the policy and guidance for when
such changes to the POE footprint are warranted and how long
they remain in place.
POE Technology.—The recommendation includes not less than
$20,000,000 for upgrades to POE technology, to include Border Se-
curity Deployment Program equipment and license plate reader
technology for inspection lanes.
Resource Allocation Model.—The Committee continues direction
concerning the CBP resource allocation model. Any modifications to
the model shall be described in future budget submissions at the
field office level. Additionally, not later than 60 days after the date
of enactment of this Act, CBP shall brief the Committee on re-
source staffing shortfalls on the northern and southern borders
compared to levels prescribed by the resource allocation model for
rail crossings and POEs in the land, air, and sea environments, in-
cluding cruise ship terminals. CBP is encouraged to continue to im-
prove the model by seeking external review.
Trade Remedy Enforcement.—The Committee directs CBP to re-
view whether duties on importers of recycled, scrap, and primary
aluminum exempt from the Section 232 tariff are being properly
assessed, along with whether assessed tariffs have been remitted
to the government. Not later than 120 days after the date of enact-
ment of this Act, CBP shall submit a report to the Committee of
the findings of this review and any actions taken to address inap-
propriate assessments.
User Fee Airports.—Consistent with House Report 114–668 and
SSpencer on DSKJLSW7X2PROD with REPORTS
House Report 116–180, the Committee strongly encourages CBP to
give priority consideration to an application for POE status to any
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00028 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
29
user fee airport that served at least 75,000 deplaned international
passengers in the previous calendar year.
Visa Waiver Program (VWP).—The Committee continues to direct
CBP to better clarify which types of educational experiences are
permitted under VWP travel, including what evidence or informa-
tion is required to satisfy CBP that a traveler does not intend to
overstay the 90-day VWP time limit.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020* ....................................................... $1,904,468,000
Budget request, fiscal year 2021 ....................................................... 2,281,360,000
Recommended in the bill ................................................................... 877,547,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. ¥1,026,921,000
Budget request, fiscal year 2021 ................................................ ¥1,403,813,000
* Note—total includes $30,000,000 in emergency funding.
The Committee recommends the following increases above the re-
quest: $190,000,000 for border technology procurement;
$20,000,000 for innovation technology; $75,000,000 for border bar-
rier mitigation; $190,000,000 for non-intrusive inspection (NII)
equipment; and $86,000,000 for three additional multi-role enforce-
ment aircraft. The recommendation provides no funding for addi-
tional border barriers.
Border Technology Procurement.—Within the funds provided for
border technology procurement, the Committee encourages CBP to
consider such projects as: cross border tunnel detection, autono-
mous towers, and counter unmanned aerial systems. CBP is di-
rected to update the Committee on the planned obligation of these
funds at least 15 days prior to any obligation.
Coastal Interceptor Vessels.—The Committee directs CBP to expe-
dite the funding provided in fiscal year 2020 for coastal interceptor
vessels. The Committee fully supports the program and encourages
continued procurement to include the recapitalization of the cur-
rent enclosed cabin vessels that are obsolescent and past their life
expectancy. CBP shall brief the Committee on the program not
later than 30 days after the date of enactment of this Act.
Electronic Health Records.—Public Law 116–93 provided
$30,000,000 for electronic health records within CBP’s Procure-
ment, Construction, and Improvements account to enable the DHS
Chief Medical Officer (CMO), in conjunction with CBP, ICE, and
other operational components, to develop and establish interim and
long-term electronic systems for recording and maintaining infor-
mation related to the health of individuals in the Department’s cus-
tody that would be adaptable to component operational environ-
ments and be interoperable with other departmental systems, as
appropriate, and with the National Emergency Medical Services In-
formation System. Additionally, the explanatory statement in-
cluded the requirement for a plan for the design and development
of such systems to be provided to the Appropriations Committees
within 90 days of the date of enactment of the Act. After a signifi-
cant delay, the Committees finally received a plan on July 9, 2020.
After reviewing the plan, it is evident that funds should be held
with the CMO in order to create the electronic health record sys-
SSpencer on DSKJLSW7X2PROD with REPORTS
tem that would best serve the longer-term requirements and needs
across the whole Department, not just one component. To ensure
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00029 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
30
a successful investment of appropriated dollars and direction in
Public Law 116–93, the Committee includes language directing the
transfer of $20,000,000 from CBP to the Countering Weapons of
Mass Destruction Office for execution. The CMO is encouraged to
leverage contract staffing across multiple components to avoid du-
plication of efforts and funding. Additionally, the CMO, in conjunc-
tion with impacted components, shall brief the Committee on the
efforts across the Department to include the execution of funds on
a quarterly basis.
Environmental Mitigation.—The bill includes $75,000,000 to help
mitigate the impact of border barrier construction on environ-
mentally sensitive federal lands, including land acquisition, which
shall be transferred to the United States Fish and Wildlife Service
for execution.
Non-Intrusive Inspection (NII).—The Committee recommends an
additional $190,000,000 for NII technology at seaports and land
POEs, to include outbound inspection equipment. CBP shall con-
tinue to update the Committee on the obligation of funds for NII
acquisition as a part of the required quarterly obligation plans di-
rected in title I of this report.The Committee expects any procure-
ment of technology to be competitively awarded.
One Hundred Percent Scanning.—Not later than 90 days after
the date of enactment of this Act, the Secretary shall submit to the
Committee a plan to scan all commercial and passenger vehicles
entering the United States at land ports of entry along the border
using large NII systems. The plan shall include the following:
(1) fiscal year benchmarks for achieving incremental
progress towards 100 percent scanning and rationales for the
specified timeframes for each land port of entry;
(2) estimated costs, together with an acquisition plan, for
achieving 100 percent scanning within the timeframes speci-
fied, including total acquisition, operations, and maintenance
costs for large-scale NII systems and associated costs for any
necessary infrastructure enhancements or configuration
changes at each POE;
(3) anticipated impacts on the total number of commercial
and passenger vehicles entering at land ports of entry where
such systems are in use, and average wait times at peak and
non-peak travel times by lane type, if applicable, as scanning
rates are increased;
(4) anticipated impacts on land POE operations, including
any changes to the required number of CBP officers or their
duties and assignments; and
(5) a description of the likely impact on secondary screening
requirements and operations.
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
Appropriation, fiscal year 2020 ......................................................... $8,080,071,000
Budget request, fiscal year 2021 ....................................................... 9,927,063,000
Recommended in the bill ................................................................... 7,406,248,000
Bill compared with:
SSpencer on DSKJLSW7X2PROD with REPORTS
Appropriation, fiscal year 2020 .................................................. ¥673,823,000
Budget request, fiscal year 2021 ................................................ ¥2,520,815,000
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00030 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
31
Mission
U.S. Immigration and Customs Enforcement (ICE) enforces fed-
eral laws governing border control, customs, trade, and immigra-
tion to promote homeland security and public safety.
Homeland Security Investigations (HSI) is responsible for dis-
rupting and dismantling transnational criminal threats facing the
United States. HSI special agents also conduct national security in-
vestigations targeting violations of the nation’s customs and immi-
gration laws.
Enforcement and Removal Operations (ERO) enforces the na-
tion’s immigration laws by identifying and apprehending removable
aliens, detaining apprehended individuals when necessary, and re-
moving them from the United States in a manner consistent with
legal processes and procedures.
OPERATIONS AND SUPPORT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020 ......................................................... $8,032,801,000
Budget request, fiscal year 2021 ....................................................... 9,822,109,000
Recommended in the bill ................................................................... 7,308,449,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. ¥724,352,000
Budget request, fiscal year 2021 ................................................ ¥2,513,660,000
The recommendation includes increases above the request total-
ing $12,938,000 to help sustain current services, including
$2,586,000 for HSI and $10,352,000 for Mission Support.
In addition, the Committee provides $169,498,000 in enhance-
ments above the request, including: $5,500,000 for the Human Ex-
ploitation Rescue Operative (HERO) Child-Rescue Corps;
$147,733,000 for the Alternatives to Detention (ATD) program;
$5,000,000 to partially address the backlog of critical facility main-
tenance and repairs requirements; $3,100,000 to expand the ICE
employee safety program; and $3,165,000 to address ICE’s FOIA
backlog.
Proposed amounts are reduced by $2,691,096,000, consisting of:
$79,779,000 for proposed increases in Awards Spending; $4,452,000
of the proposed increase in HSI staffing intended to support antici-
pated increases in workload along the southwest border associated
with increased deployments of NII technology; $6,548,000 for pro-
posed increases for the Task Force Officer program; $264,199,000
for proposed increases in staffing; $126,000,000 in proposed in-
creases for the Migrant Protection Protocols program; and
$2,210,118,000 in costs associated with detention and removal. The
recommendation also transitions funding for alternatives to deten-
tion case management services to the Federal Emergency Manage-
ment Agency to be executed as a grant program.
The recommendation does not assume the use of $112,287,000
from the Immigration Examination Fee Account (IEFA) to reim-
burse costs in the ICE Operations and Support account due to con-
cerns with the impact on U.S. Citizenship and Immigration Serv-
ices (USCIS) operations and the growing backlog in applications for
SSpencer on DSKJLSW7X2PROD with REPORTS
immigration benefits; an administrative provision in the bill pro-
hibits the use of IEFA funds for ICE operations.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00031 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
32
Body Worn Cameras.—The Committee continues to believe that
the use of body-worn cameras would be beneficial for the execution
of many ICE operations. To that end, in consultation with CRCL,
ICE is directed to design a pilot program for the implementation
of body-worn cameras. Not later than 90 days after the date of en-
actment of this Act, ICE and CRCL shall provide a joint briefing
to the Committee that details the parameters of the forthcoming
pilot; the metrics for success; a cost and workload analysis; activi-
ties and civil liberties concerns that may present challenges; how
recorded footage would interface with Freedom of Information Act
requirements; specific activities/operations where the use of body-
worn cameras could compromise undercover criminal investiga-
tions; and activities where the use of body-worn cameras would be
of particular benefit to the safety and wellbeing of officers, detain-
ees, and the public.
Expenditure and Operations Plan Requirements.—Despite the in-
creased funding provided for the Office of the Chief Financial Offi-
cer in the fiscal year 2020 appropriation, the Department and ICE
failed to comply timely with the requirements set forth in the ex-
planatory statement accompanying Public Law 116–6 and reiter-
ated in Public Law 116–93 regarding detailed operational and
spending plans for fiscal years 2019 and 2020, respectively. The
Committee acknowledges recent improvements on these efforts but
notes that significant work remains. The Department and ICE are
again directed to fulfill such requirements for fiscal year 2021, and
the bill withholds funding in the Operations and Support account
until the second such plan has been provided.
Homeland Security Investigations
HSI Workforce.—The Committee is concerned about the growing
complexity and workload associated with executing HSI’s mis-
sions—especially given the increase in online and dark web activ-
ity, such as growing reports of online child sex abuse; criminal ac-
tivity related to illicit opioid/fentanyl smuggling; and increased
commercial trade fraud and intellectual property rights infringe-
ments. The Committee recognizes the advanced investigative
skillset of the HSI workforce, its unique compilation of legal au-
thorities, and its critical role in investigating Transnational Crimi-
nal Organizations involved in trafficking individuals into and with-
in the United States. Therefore, the Committee provides
$84,845,000 for increased HSI staffing and directs that not less
than $10,000,000 be used to increase the capabilities of the Child
Exploitation Investigations Unit above fiscal year 2020 levels. Fur-
ther, to improve its effectiveness against these threats, the bill in-
cludes a new provision to focus HSI activities on functions that are
not redundant to those of ERO. The Committee encourages HSI to
work with appropriate nonprofit organizations and victim service
providers that can help identify human trafficking victims, ensur-
ing they receive the proper care and access to victim service organi-
zations.
Human Exploitation Rescue Operative Child-Rescue Corps.—The
recommendation includes an increase of $5,500,000 above the re-
SSpencer on DSKJLSW7X2PROD with REPORTS
quest for the training, equipping, and hiring of HERO Child-Rescue
Corps program graduates. The Committee reminds ICE of the
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00032 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
33
briefing on performance indicators for the HERO program required
by House Report 116–180 and looks forward to receiving this brief-
ing as soon as possible.
Intellectual Property Rights Enforcement.—The recommendation
provides not less than $15,000,000 for intellectual property law en-
forcement through HSI and the National Intellectual Property
Rights (IPR) Coordination Center. ICE is directed to ensure that
the National IPR Center is properly staffed in order to facilitate
continued enforcement actions against theft of U.S. intellectual
property, particularly online. Based on a new wave of digital copy-
right piracy involving devices and software that connect consumers
televisions directly to copyright-theft sites, the Committee directs
ICE to increase investigation and enforcement to thwart illicit
streaming involving media boxes and televisions.
Student and Exchange Visitor Program (SEVP).—In response to
the COVID–19 pandemic, universities and colleges have faced the
difficult decision of how to balance the health and safety of their
students, faculty, and staff against the benefits of inperson classes.
Many have concluded that temporarily shifting many, if not all, of
their courses to an online model is necessary. Many of these
schools and their communities rely heavily upon international stu-
dents, both financially and for cultural enrichment and diversifica-
tion. The Committee is concerned about the Administration’s recent
policy to require F–1 and M–1 nonimmigrants to attend in-person
classes or either leave the country or not be permitted to enter. Not
only will this have an irrecoverable detrimental impact on the lives
of these students and their families, but also on the schools and the
communities that rely upon and value them. The Committee in-
cludes a provision in the bill requiring ICE to return to its March
2020 guidance that largely waives the in-person coursework re-
quirement during the pandemic for current and new students.
Worksite Immigration Enforcement Actions.—The Committee con-
tinues to be concerned about the disproportionate use of HSI re-
sources dedicated to civil administrative arrests of employees when
the focus of worksite enforcement operations should be account-
ability for employer violations. The Committee reminds ICE of the
briefing on worksite immigration enforcement actions required by
House Report 116–180 and looks forward to receiving this overdue
briefing as soon as possible.
Enforcement and Removal Operations
287(g) Program.—The recommendation continues a provision in
the bill that requires ICE to provide a report to the Committees
and the public regarding 287(g) steering committee membership
and activities; performance data; the number of individuals placed
into removal proceedings by 287(g)-designated officers; and any
plans for future expansion of or changes to the program. ICE, OIG,
and CRCL are also directed to provide rigorous oversight of the
287(g) program, and ICE is directed to notify the Committee prior
to implementing any significant changes to the program, including
any changes to training requirements, data collection, selection cri-
teria, or the jurisdictions with which ICE has agreements. The
SSpencer on DSKJLSW7X2PROD with REPORTS
Committee also reminds ICE that communities are not legally re-
quired to enter into or continue with 287(g) agreements and that
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00033 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
34
immigration enforcement should not be used either to induce com-
munities to enter or deter them from discontinuing such agree-
ments.
Age-Outs.—The Committee reminds ICE of the semi-annual up-
dates on unaccompanied alien child (UAC) age-outs required by
House Report 116–180 and looks forward to receiving the overdue
updates as soon as possible.
ICE is further directed to prohibit the transfer or maintenance
of custody by ICE of any person formerly designated as a UAC who
reaches 18 years of age in the custody of the Department of Health
and Human Services Office of Refugee Resettlement (ORR), as de-
scribed in 8 U.S.C. § 1232(c)(2), unless the ICE juvenile coordi-
nator provides written certification of compliance with the require-
ment in 8 U.S.C. § 1232(c)(2)(B) to consider placement in the least
restrictive setting. This written certification must document the
specific factors demonstrating that any alternatives to detention,
including but not limited to any recommended in ORR’s post-18
plan, would be insufficient to mitigate any danger to self, threat to
public safety, and/or risk of flight. The Committee notes that nei-
ther the lack of a sponsor nor the lack of an ORR developed post-
18 plan should be dispositive factors. This written certification
shall be provided to the individual and the individual’s attorney of
record upon request.
In addition, the Committee directs ICE to ensure that training
is provided to relevant personnel, including contract personnel, on
policies and procedures to ensure compliance with 8 U.S.C. §
1232(c)(2)(B). Such training shall be mandated annually for all offi-
cers who make custody decisions for children who turn 18 in ORR
custody, including but not limited to deportation officers, field office
juvenile coordinators, and supervisory detention and deportation of-
ficers.
Finally, ICE shall provide a monthly report to the Committee
with the number of UAC who turned 18 in ORR custody and were
then transferred to ICE detention, including a breakdown by ICE
area of responsibility and the UAC’s most recent type of ORR
placement, the reason for detention, and whether ORR provided a
post-18 plan.
Alternatives to Detention and Detention Capacity.—The rec-
ommendation reduces Custody Operations by $2,074,015,000 and
correspondingly reduces the Transportation and Removal Program
by $292,689,000 from the fiscal year 2021 President’s Budget. The
funding provided supports an average daily population (ADP) in de-
tention of 22,000 for single adults. Funding provided for family de-
tention is intended to phase out this activity by not later than De-
cember 31, 2020. The Committee notes that the Administration’s
border security operations in response to the coronavirus public
health crisis has dramatically reduced the number of migrants
transferred to ICE custody from CBP. In recognition of that re-
duced operational demand on ICE, the recommendation includes a
proviso in the appropriating paragraph that reduces availability of
funds to support an ADP of 10,000 for single adults for as long as
an order or policy is in effect that suspends the introduction of any
SSpencer on DSKJLSW7X2PROD with REPORTS
persons into the U.S. based on public health concerns related to the
coronavirus pandemic.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00034 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
35
The Committee also remains concerned about the over-detention
of individuals in ICE custody and notes that the average lengths
of stay in detention continue to increase. The bill includes a new
provision (section 219) that restricts detention for individuals who
do not pose a public safety threat and are not a flight risk to not
more than 20 days and, in the case of individuals who identify as
transgender, to not more than 5 days. The provision also continues
detailed reporting requirements related to ICE’s detained popu-
lation.
In recognition of the impact of this new provision, the rec-
ommendation includes an increase of $147,733,000 above the re-
quest to expand the ATD program. ICE is directed to use the least
onerous form of supervision necessary to ensure compliance with
the terms of the program; conduct regular reviews of each partici-
pant’s compliance obligations, with input each participant’s counsel
and/or case manager; and de-escalate supervision requirements
when warranted by such reviews.
The Committee is concerned that many individuals enrolled in
the ATD program will be terminated from the program before their
case is fully resolved. Getting timely resolution of these cases is
complicated by the historic volume of pending cases on the Execu-
tive Office for Immigration Review (EOIR) non-detained docket
schedule. The Committee recognizes that the longer an individual
remains on ATD while their case is pending before EOIR, the more
expensive the ATD program is per enrollee, and the less effective
the ATD program is. Prioritizing ATD enrollees’ cases as if they
were on the detained docket could potentially increase the effective-
ness of the program, lower the cost per enrollee, and support more
individuals in the program overall. The Committee directs ICE and
EOIR to develop an analysis of alternatives to improve the timeli-
ness of resolving cases before EOIR for individuals in the ATD pro-
gram, and further to consider as one such alternative the classifica-
tion of ATD enrollees as part of the detained docket for purposes
of case prioritization. ICE and EOIR are directed to brief the Com-
mittee on their findings not later than 180 days after the date of
enactment of this Act.
Arrest, Detention, and Removal Data.—Not later than 60 days
after the date of enactment of this Act, ICE is directed to publish
on a publicly accessible website semiannual reports on the arrests,
detention, and removal of individuals who (a) served in the United
States Armed Forces; (b) were U.S. citizens at the time of appre-
hension or subsequently determined to be United States citizens
while in Department custody; (c) were granted deferred action
under or are qualified to participate in the Deferred Action for
Childhood Arrivals initiative, as delineated in the June 15, 2012,
memorandum entitled ‘‘Exercising Prosecutorial Discretion with re-
spect to Individuals Who Came to the United States as Children’’;
(d) are nationals of a foreign state that was designated for Tem-
porary Protected Status under section 244(b) of the Immigration
and Nationality Act as of October 1, 2017; or (e) are parents of a
U.S. citizen minor. ICE shall also provide this information for fiscal
years 2018 and 2019 in the first such publication.
SSpencer on DSKJLSW7X2PROD with REPORTS
Bond Payments.—The Committee reminds ICE of its require-
ments to provide the monthly bond statistics described in House
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00035 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
36
Report 116–9 and directs ICE to continue providing such informa-
tion in fiscal year 2021. Further, not later than 30 days after the
delivery of the fiscal year 2021 budget request, ICE is directed to
provide a plan to allow the general public to post and pay bonds
electronically and to identify the resources needed to execute such
plan.
Case Management Services.—The Committee is concerned by the
significant delay in ICE’s execution of funding provided in fiscal
years 2019 and 2020 for case management services. The rec-
ommendation therefore realigns and increases funding for case
management services to be executed by nonprofit organizations and
local communities through a FEMA grant program. Not later than
30 days after the date of enactment of this Act, ICE, in collabora-
tion with CRCL and the Office of Privacy, is directed to develop a
process to ensure that any individual released from its custody on
parole, bond, or into the ATD program and anyone enrolled in the
ATD program as of the date of enactment of this Act:
(1) is made aware of these case management services; and
(2) has an opportunity to consent to having their contact in-
formation and relevant case file information provided to any
such grantee for the purpose of receiving such services.
ICE shall provide Information describing this process to FEMA,
the national board responsible for administering the grant pro-
gram, and each grant recipient. The Committee directs ICE, CRCL,
and the Office of Privacy to jointly brief the Committee on this
process prior to its execution.
Deportation Priorities.—Congress and the Department of State
have recognized that a genocide has been committed against
Chaldeans and other religious minorities in Iraq. The Committee
recommends that ICE refrain from prioritizing the deportation of
people who will be subject to violent persecution and death in their
countries of origin.
Detainee Access to Legal, Medical, and Mental Health Services.—
ICE should not enter into, expand, or renew a contract with any
entity to operate an immigration detention facility unless it is lo-
cated fewer than 100 miles from:
(1) a Level IV (or lower) designated trauma center; and
(2) at least one government-listed, legal aid resource on the
Executive Office for Immigration Review (EOIR) ‘‘List of Pro
Bono Legal Service Providers’’ from which the Director has re-
ceived confirmation that it is able to provide legal services to
detainees at the facility.
ICE is directed to continue adhering to the requirements in
House Report 116–9 regarding legal resources available to detain-
ees and shall ensure that such information is provided in a lan-
guage in which the detainee is proficient or is made fully accessible
to the detainee through the use of interpreter services.
The Committee directs ICE to publish on a public facing website,
not later than 30 days after the date of the close of the fiscal year,
a description of the medical and mental health staffing—delineated
by position and qualification—at each detention facility with a ca-
pacity to house at least 50 ICE detainees, along with the average
SSpencer on DSKJLSW7X2PROD with REPORTS
daily population of each facility. The report should indicate the
hours of availability of in-person, specialized medical service typi-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00036 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
37
cally available during the week; whether any positions were un-
filled for more than one month of the previous year; and the aver-
age detainee wait time for seeing a medical professional. ICE shall
also include in the report the number of individuals taken into ICE
custody with a serious medical or mental health condition, includ-
ing pregnant women, and their average and median lengths of time
in ICE custody. The Committee urges ICE to reinstate the policies
in its August 2016 directive on the Identification and Monitoring
of Pregnant Detainees that was superseded by its December 2017
update.
The Committee directs ICE to ensure that each family detention
center has on-site at least one medical professional qualified to pro-
vide pediatric care for every 200 children in residence. In addition,
at least one such medical professional should be on-site or on-call
for every 100 children detained in the facility. The Committee fur-
ther directs ICE to ensure that each family detention center makes
available at least one mental health professional specializing in pe-
diatric care. The Committee urges ICE to explore working with
nonprofit organizations for the provision of mental health services
of those in its custody.
Detainee Forms.—The Committee directs ICE to provide all
forms that are required to be signed by a detained person in the
detainee’s native language. The Committee reminds ICE of the
overdue report required by House Report 116–180 on a plan and
timeline for achieving this goal and looks forward to receiving it.
Detaining Individuals with Credible Fear.—The Committee re-
minds ICE of its policy to avoid the detention of an individual who
has received a positive credible fear determination from an asylum
officer or immigration judge, absent a finding by an immigration of-
ficer that the individual poses a risk to the community or is a flight
risk. Not later than 30 days after the date of enactment of this Act,
and monthly thereafter, ICE is directed to report data to the Com-
mittee on the number of individuals who received a positive cred-
ible fear or reasonable fear determination who were: considered for
parole; granted parole; or denied release on parole, along with an
individualized description of the justification for each denial.
Detention Inspection Reporting.—ICE shall continue to report
and make public the following, as described in House Report 116–
9, and shall follow the previously directed timeframes unless other-
wise specified:
(1) Secure Communities report;
(2) Requirements related to detention facility inspection re-
ports;
(3) Death in custody reporting, with subsequent reporting to
be released within 90 days of the initial report;
(4) Access to facilities;
(5) Detainee locator information;
(6) Changes to the current detention facility category and in-
spection framework;
(7) Compliance with the 2011 Performance Based National
Detention Standards (PBNDS 2011) and PREA requirements;
SSpencer on DSKJLSW7X2PROD with REPORTS
and
(8) Weekly rate of operations for Custody Operations.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00037 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
38
Detention Oversight.—The Committee remains concerned about
the conditions and care provided at ICE’s civil detention facilities
and consequently recommends sustaining prior year investments in
the Office of Detention Oversight (ODO) within the Office of Profes-
sional Responsibility to fully fund the inspection of each over-72-
hour detention facility not less than twice per year. Not later than
120 days after the date of enactment of this Act, ODO is directed
to brief the Committee on Appropriations, the House Judiciary
Committee, and the House Committee on Oversight and Govern-
ment Reform on a detailed description of the process it will use for
detention facility inspections.
ICE is reminded that the detailed results of these inspections
shall be promptly published on a public-facing website, redacted as
needed to protect any personally identifiable information, along
with a plan of action and milestones to address any deficiencies
that were identified during the inspection. The status of addressing
such deficiencies shall be validated by the Office of Immigration
Detention Ombudsman and shall be updated on the website not
less that quarterly.
Consistent with direction provided in House Report 116–9, the
ICE Director shall have sole authority to approve detention stand-
ard waivers and shall notify the Committee of each such waiver
within 3 business days of approval. Additionally, ICE shall report
publicly on a quarterly basis on any waivers issued, including the
justification for each such waiver.
Family Unity.—ICE must ensure that criminal and civil immi-
gration charging decisions and immigration custody decisions care-
fully consider and prioritize family unity as a primary factor and
must, consistent with assessments of the best interest of the child,
ensure first and foremost that any arrest in the interior of the
United States does not result in prolonged separation of family
members from one another. This directive should be followed re-
gardless of whether family members were together at the time of
apprehension or are subjects of an enforcement action.
If, in the course of an arrest in the interior of the United States,
DHS separates a minor child from a parent, primary caregiver, or
close relative who is caring for or traveling with that child, DHS
personnel must ensure that each such person is asked about and
has opportunities to report family separation incidents; to verify
the status, location, and disposition of family members; and to reg-
ularly communicate with one another. DHS shall advise adults of
arrangements made for the child’s care and record tracking infor-
mation about both separated adults and children in all relevant
DHS databases.
Immigration Detention Contract Transparency.—Not later than
90 days after the date of enactment of this Act, ICE is directed to
publish on a publicly accessible website a consolidated compilation
of contract documents for each of the facilities it uses for immigra-
tion detention purposes, including the most current and complete
contract modification or addendum, any subcontracts, and all bid
solicitation requests. The Committee also directs ICE to update
SSpencer on DSKJLSW7X2PROD with REPORTS
this compilation on a monthly basis. For any documents requiring
redaction, ICE shall provide to the Committees on Appropriations,
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00038 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
39
Judiciary, and Oversight a written explanation for each such redac-
tion along with an unredacted version of each such document.
Immigration Enforcement at Sensitive Locations.—The Com-
mittee understands it is ICE’s policy that enforcement actions at or
near sensitive locations—identified by ICE as schools, healthcare
facilities, places of worship, religious or civil ceremonies or observ-
ances, and public demonstrations—should generally be avoided,
and require either prior approval from an appropriate supervisory
official or exigent circumstances necessitating immediate action.
The policy is intended to ensure that anyone seeking to participate
in activities or utilize services provided at such locations are free
to do so without fear or hesitation. The Committee directs ICE to
follow this policy and to broaden the scope of the category to in-
clude courthouses; bus stops; USCIS offices; mental health, emer-
gency, and social services centers; and other locations where com-
munity impacts should be better balanced against ICE law enforce-
ment interests.
Further, ICE is directed to provide its officers with guidance and
training for engaging with victims and witnesses of crime, and to
clarify policy guidance on enforcement actions in or near sensitive
locations in order to minimize the effects of immigration enforce-
ment on the willingness and ability of victims and witnesses to
pursue justice.
The Committee also reminds ICE of the report on enforcement
actions at sensitive locations required by House Report 116–180
and looks forward to receiving this report as soon as possible.
Phone Access in Detention.—The Committee continues to expect
ICE to apply the terms of the Lyon v. ICE, et al. Settlement Agree-
ment regarding detainee telephone access to the greatest extent
possible at each of its detention facilities and shall ensure that
such access is free to the detainee. The Committee reminds ICE of
the briefing on phone access in detention required by House Report
116–180 and looks forward to receiving this overdue briefing as
soon as possible. In addition, not later than 90 days after the date
of enactment of this Act, ICE is directed to provide a report to the
Committee listing each facility that does not comply with this re-
quirement, to include the name of the entity responsible for deten-
tion operations at the facility; the address of the facility; the period
of performance for the contract with the facility (if applicable),
along with any option periods; and the entity’s justification for not
complying with these requirements.
Rape Prevention in Immigration Detention Facilities.—The Com-
mittee encourages ICE to collaborate with the National Prison
Rape Elimination Act (PREA) Resource Center, which is supported
by the Department of Justice, to help facilitate PREA compliance.
The Committee reminds ICE of the briefing on PREA compliance
required by House Report 116–180 and looks forward to receiving
this overdue briefing as soon as possible.
Reporting on Criminality.—ICE is directed to continue monthly
reporting regarding criminality, as described in House Report 116–
9, and shall further differentiate such individuals detained as a re-
SSpencer on DSKJLSW7X2PROD with REPORTS
sult of interior enforcement efforts versus those from CBP border
security operations.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00039 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
40
Risk Classification Assessment.—The Committee is concerned
about ICE’s inconsistent treatment of similarly situated individ-
uals, to include decisions on whether to release or detain; length
of time in detention; whether to require a bond and the amount of
such bond; custody classification level of those detained; and com-
munity supervision level of those not detained. The Committee re-
minds ICE of the briefing on the results of a reevaluation of its
Risk Classification Assessment (RCA) required by House Report
116–180 and looks forward to receiving this briefing as soon as pos-
sible. The Committee reiterates that the recommendations must
provide a strong preference for using ATD in lieu of detention, es-
pecially for interior arrests, and clear guidance that describes situ-
ations when detention must be used, such as when the officer can
clearly demonstrate with individualized evidence that a migrant
poses a flight risk or a risk to public safety. The Committee finds
that the current RCA does not adequately provide this individual-
ized assessment and is therefore not currently a valid approach for
meeting the requirement in section 219 of the bill. ICE is directed
to work with CRCL to improve this assessment.
Transgender Detainees.—The Committee is concerned about the
health and wellbeing of transgender immigrants detained by ICE
given this population’s vulnerability to sexual assault, abuse, and
harassment in custody, and is also concerned about the frequent
use of administrative solitary confinement for these individuals.
The Committee directs ICE to report monthly, on a publicly avail-
able website, on the following for transgender individuals, by de-
tention facility:
(1) the average and median number in detention;
(2) the average and median number of days in detention,
along with the number of days in detention for the longest-held
individual;
(3) For each individual in solitary confinement, the number
of days in and the rationale for placement in such confinement;
(4) For each individual not in solitary confinement—
(a) the number of days detained in a separate
transgender unit;
(b) if a transgender woman, the number of days de-
tained with other women and the number of days detained
with men; and
(c) if a transgender man, the number of days detained
with other men and the number of days detained with
women;
(5) the number of requests made each month for hormone
treatments and of that number how many requests were ap-
proved and the average wait time for receiving such treat-
ments; and
(6) the number of requests made each month for HIV screen-
ing tests versus the number provided and the average wait
time for receiving the test.
U Visas.—The Committee recognizes the value of the U visa pro-
gram in protecting victims of violent crime and promoting public
safety by enabling criminal investigations. The Committee reminds
SSpencer on DSKJLSW7X2PROD with REPORTS
ICE of the report on U Visas required by House Report 116–180
and looks forward to receiving this overdue report as soon as pos-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00040 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
41
sible. Further, ICE is directed to provide an updated report on this
subject within 90 days of the date of enactment of this Act.
Office of the Principal Legal Advisor
Access to Counsel.—The Committee is disappointed by the De-
partment’s lack of willingness to work with Congress to protect the
due process rights of individuals who are placed in removal pro-
ceedings by ensuring that each one has unimpaired access to coun-
sel, including prospective legal counsel. This denial of meaningful
access to counsel is especially concerning when considered against
the request to increase the number of attorneys for the Office of the
Principal Legal Advisor (OPLA), which acts as the prosecution in
civil immigration cases. These due process shortfalls have been es-
pecially prevalent in the Department’s execution of its Migrant
Protection Protocols program because non-Mexican migrants who
are returned to Mexico are rarely able to contact prospective U.S.-
based legal counsel. Similarly, the Committee is concerned about
the lack of know-your-rights presentations for individuals in DHS
custody. Therefore, the bill includes a new provision requiring the
Secretary and CRCL to each certify that requirements to improve
access to counsel, prospective counsel, and know-your-rights pres-
entations are satisfied. The bill imposes a $10,000,000 withholding
from OPLA until the requirement has been met.
Mission Support
Critical Facility Maintenance and Repairs Backlog.—The Com-
mittee recommends an increase of $5,000,000 to address the signifi-
cant backlog of critical facility repairs, complete ongoing leasehold
projects, and fulfill operations and maintenance requirements for
ICE’s owned and leased real property portfolio. Not later than 30
days after the date of submission of the fiscal year 2022 budget re-
quest, ICE shall brief the Committee on its plan for the use of
these funds.
Employee Safety Program Expansion.—The recommendation in-
cludes an increase of $3,100,000 above the request to improve
ICE’s employee safety program, to include the purchase of a safety
management information system.
Freedom of Information Act (FOIA) Backlog.—The Committee is
concerned about the growing backlog of FOIA requests and the
delays in providing responses. The recommendation includes an in-
crease of $3,165,000 to address this concern.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020 ......................................................... $47,270,000
Budget request, fiscal year 2021 ....................................................... 104,954,000
Recommended in the bill ................................................................... 97,799,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +50,529,000
Budget request, fiscal year 2021 ................................................ ¥7,155,000
The recommendation does not include $7,155,000 proposed for
SSpencer on DSKJLSW7X2PROD with REPORTS
the expansion of Executive Office for Immigration Review (EOIR)
facilities.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00041 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
42
TRANSPORTATION SECURITY ADMINISTRATION
Appropriation, fiscal year 2020 ......................................................... $7,813,567,000
Budget request, fiscal year 2021 ....................................................... 7,632,328,000
Recommended in the bill ................................................................... 8,111,423,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +297,856,000
Budget request, fiscal year 2021 ................................................ +479,095,000
Mission
The Transportation Security Administration (TSA) is charged
with protecting U.S. transportation systems, while facilitating the
flow of travelers and commerce.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020 ......................................................... $7,680,565,000
Budget request, fiscal year 2021 ....................................................... 7,569,419,000
Recommended in the bill ................................................................... 7,927,407,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +246,842,000
Budget request, fiscal year 2021 ................................................ +357,988,000
The recommendation includes $357,988,000 above the request in-
cluding: $25,378,000 to maintain funding for the Screening Part-
nership Program (SPP) base, rejecting a proposed contract renewal
delay; $62,752,000 to continue the Visible Intermodal Prevention
and Response (VIPR) Team program; $46,414,000 to continue the
Law Enforcement Officer Reimbursement Program; $90,066,000 to
continue legally mandated staffing at certain exit lanes; $
3,100,000 to maintain Federal Flight Deck Officer and Crew Train-
ing; and $171,416,000 to maintain current services. Reductions to
the request totaling $41,038,000 are associated with proposed
Awards Spending increases.
Civil Aviation Screening Technology Maintenance.—GAO recently
issued a report, Aviation Security: TSA Should Ensure Screening
Technologies Continue to Meet Detection Requirements after De-
ployment (GAO–20–56), which raised concerns about TSA’s ability
to address ongoing requirements after the deployment of screening
technology. Within 90 days of the date of enactment of this Act,
TSA shall brief the Committee on steps it has taken or is taking
to implement those recommendations.
Countering Unmanned Aerial Systems (c-UAS).—The Committee
is aware that TSA is establishing a c-UAS testbed for detecting,
identifying, monitoring, and classifying UAS operating in the vicin-
ity of airports, which can pose a serious threat to arriving and de-
parting aircraft. Included in the recommendation is $3,000,000 to
expand the c-UAS testing program to a second major U.S. airport.
In selecting a second airport, TSA should consider factors such as
geographic diversity, frequency of UAS intrusions, and high pas-
senger volume. TSA is directed to brief the Committee, not later
than 60 days after the date of enactment of this Act, on the status
of the testing program, including the process for selecting a second
testbed site and a multi-year plan and schedule for the program.
Exit Lanes.—The recommendation restores full funding to main-
SSpencer on DSKJLSW7X2PROD with REPORTS
tain TSA staffing at certain existing airport exit lanes, as required
by law.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00042 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
43
Federal Air Marshals (FAMS).—GAO recently addressed the
mental and physical health challenges facing Federal Air Marshals
in Aviation Security: Federal Air Marshal Service Has taken Steps
to Address Workforces Issues, but Additional Actions Needed
(GAO–20–125). Within 90 days of the date of enactment of this Act,
TSA shall brief the Committee on the steps it has taken or is in
the process of taking to address the recommendations in the report.
Interoperable Communications.—TSA is directed to identify gaps
within its interoperable communications networks across media
platforms, including radio, voice, text, video, data files, and tele-
phone communications. Based on the results of that analysis, TSA
shall brief the Committee, not later than 120 days after the date
of enactment of this Act, on a plan for pilot testing technology solu-
tions at multiple airports to fill such gaps.
K–9 Program.—The Office of Inspector General recently released
a report, TSA’s Challenges with Passenger Screening Canine Teams
(OIG–20–28), that addressed concerns with the current approach to
using canines and included recommendations for improvement.
Within 60 days of the date of enactment of this Act, TSA shall brief
the Committee on the steps it is taking to implement the report’s
recommendations, as well as its methodology for determining
where teams are deployed.
Screener Training.—GAO released a report in February 2020,
TSA Updated Screener Training to Address Risks, but Should En-
hance Processes to Monitor Compliance (GAO–20–219), highlighting
the need for the screener workforce to complete and track training
requirements. Within 60 days of the date of enactment of this Act,
TSA shall brief the Committee on the steps it is taking to imple-
ment the report’s recommendations, as well as its plan to incor-
porate innovative training solutions to enhance screening perform-
ance, including an evaluation of distributed, game-based training.
Screening Medical Devices.—The Committee is aware that TSA
works with other federal agencies to identify best practices for ap-
propriately identifying medical devices during the passenger
screening process while respecting passenger privacy and mini-
mizing the risk of damaging the devices. TSA is directed to brief
the Committee, not later than 90 days of the date of enactment of
this Act, on its screening practices related to medical device equip-
ment.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020 ......................................................... $110,100,000
Budget request, fiscal year 2021 ....................................................... 33,385,000
Recommended in the bill ................................................................... 154,492,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +44,392,000
Budget request, fiscal year 2021 ................................................ +121,107,000
The recommendation includes increases above the request total-
ing $121,107,000, including $46,107,000 for computed tomography
equipment; $55,000,000 for credential authentication and standoff
detection technology; and $20,000,000 for reimbursements to air-
SSpencer on DSKJLSW7X2PROD with REPORTS
ports for the purchase of legacy in-line explosive detection equip-
ment.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00043 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
44
Aviation Security Capital Fund.—The Public Area Security Na-
tional Framework, which TSA issued in 2017 in coordination with
aviation security stakeholders, recognizes Airport Operations Cen-
ters (AOC) as the best manifestations of aligning resources across
various domains in support of aviation security. The establishment
of joint AOCs is one of the Framework’s 11 recommendations. As
TSA continues to work with airports around the country to estab-
lish AOCs, the Committee encourages TSA to consider the use of
ASCF funding to support such efforts, and directs TSA to brief the
Committee, not later than 60 days after the date of enactment of
this Act, on the feasibility of using the ASCF for this purpose.
Computed Tomography Equipment (CT).—The recommendation
includes $75,000,000, an increase of $46,107,000 above the request,
to accelerate the procurement and installation of CT equipment,
which provides enhanced detection capabilities for carry-on bag-
gage at airport checkpoints.
Credential Authentication and Standoff Detection.—The rec-
ommendation includes $55,000,000 to finish the nationwide deploy-
ment of credential authentication technology (CAT) and for standoff
detection technology. The Committee is aware of TSA’s interest in
deploying technology that will minimize physical contact between
screeners and passengers, including Credential Authentication
Technology with Camera (CAT–C). Not later than 90 days after the
date of enactment of this Act, TSA shall provide a briefing on tech-
nology in use, being deployed or being considered that would re-
duce physical contact with passengers including CAT–C. The Com-
mittee is aware that TSA is working on a technology solution and
legal framework that would help facilitate the continued operation
of the Registered Traveler Program. As part of the CAT briefing,
TSA shall address how CAT implementation will impact the Reg-
istered Traveler Program and progress TSA is making on this tech-
nology solution and legal framework. The briefing shall also ad-
dress steps being taken to safeguard passenger privacy.
Explosive Detection System Reimbursements.—The recommenda-
tion includes $20,000,000 for TSA to continue reimbursing airports
that incurred costs associated with the development of a partial or
completed in-line baggage system prior to August 3, 2007. TSA is
directed to brief the Committee, within 60 days after the date of
enactment of this Act, on its timeline and allocation plan for these
funds and on a plan for how it will address the remaining balance
of reimbursement claims in future budget requests.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2020 ......................................................... $22,902,000
Budget request, fiscal year 2021 ....................................................... 29,524,000
Recommended in the bill ................................................................... 29,524,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +6,622,000
Budget request, fiscal year 2021 ................................................ –––
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00044 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
45
COAST GUARD
Appropriation, fiscal year 2020* ....................................................... $11,966,124,000
Budget request, fiscal year 2021 ....................................................... 12,101,598,000
Recommended in the bill** ................................................................ 12,812,825,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +846,701,000
Budget request, fiscal year 2021 ................................................ +711,227,000
* Note—total includes $190,000,000 in overseas contingency operations funding.
** Note—total includes $215,000,000 in overseas contingency operations funding.
Mission
The Coast Guard is the principal federal agency charged with
maritime safety, security, and stewardship. It is a military, multi-
mission, maritime service within the Department of Homeland Se-
curity and one of the nation’s armed services.
OPERATIONS & SUPPORT
Appropriation, fiscal year 2020* ....................................................... $8,181,253,000
Budget request, fiscal year 2021 ....................................................... 8,377,740,000
Recommended in the bill** ................................................................ 8,560,267,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +379,014,000
Budget request, fiscal year 2021 ................................................ +182,527,000
* Note—total includes $190,000,000 in overseas contingency operations funding.
** Note—total includes $215,000,000 in overseas contingency operations funding.
The recommendation in this bill continues and expands upon on
this Committee’s support for the Coast Guard, by not only pro-
viding additional air and sea assets, but also to investing further
in personnel and families, operational readiness, and shore facili-
ties. The recommendation includes the following increases above
the request: $6,000,000 for recruitment and retention; $6,359,000,
for training and critical course development; $14,000,000 for infra-
structure modernization—Rescue 21 Alaska; $6,000,000 to imple-
ment a big data platform; $6,500,000 for phone systems moderniza-
tion; $15,000,000 for next generation cutter underway connectivity;
$3,000,000 to support MH–65 Link 16; $16,000,000 for cyber readi-
ness; $17,500,000 for cutter navigation and domain awareness Sys-
tems; $5,000,000 for critical depot level maintenance for cutters,
boats, and aircraft; $26,866,000 to begin to address the backlog for
Command, Control, Communications, Computers, Cyber, and Intel-
ligence Systems; $20,000,000 for depot maintenance for shore as-
sets; $5,000,000 for per- and polyfluoroalkyl substances evaluations
and response; $2,500,000 for the Safe Homes Initiative;
$19,500,000 to maintain current services; $4,900,000 for mental
health support and services: and $5,000,000 to continue fiscal year
2020 support activities authorized under section 303 of Public Law
115–282.
The recommendation includes $215,000,000 in Overseas Contin-
gency Operations funding, rejecting the Administration’s proposal
to fund those activities in the Coast Guard’s discretionary base.
The recommendation does not include $11,662,000 proposed for ci-
vilian awards spending increases.
Asian American and Pacific Islander (AAPI) Report.—The Com-
SSpencer on DSKJLSW7X2PROD with REPORTS
mandant is directed to provide to the Committee, not later than 90
days after the date of enactment of this Act, data on the number
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00045 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
46
of Coast Guard personnel who identify as AAPI, disaggregated by
sub-ethnic groups identified in the American Community Survey.
Ballast Water.—The Committee is concerned by the spread of
invasive species and other threats to marine and coastal eco-
systems through ballast water discharge infecting reefs around
Florida, the Caribbean Sea, and the Pacific Region. The Committee
directs the Coast Guard to provide a report not later than 180 days
after enactment of this Act on current enforcement efforts on bal-
last water management and discharge and additional resources
needed to expand enforcement to include a requirement for owners
and operators of vessels with ballast systems to conduct biological
assessments and testing of ballast water discharge.
Center of Expertise for Great Lakes Oil Spill Preparedness and
Response.—The Frank LoBiondo Coast Guard Authorization Act of
2018 (Public Law 115–282) directed the Coast Guard to establish
a Center of Expertise for Great Lakes Oil Spill Preparedness and
Response. That Act specified that the Center of Expertise shall be
located in close proximity to critical crude oil transportation infra-
structure on the Great Lakes, such as submerged pipelines, and
near an institution of higher education with adequate aquatic re-
search laboratory facilities and capabilities and expertise in Great
Lakes aquatic ecology, environmental chemistry, fish and wildlife,
and water resources. In accordance with Public Law 115–282, the
Committee urges the Coast Guard to prioritize a location for the
Center of Expertise that has established infrastructure, including
deep-water berths for large vessels, along with laboratories and fa-
cilities for freshwater microbial research.
Coast Guard Museum.—The Recommendation includes
$5,000,000 for the Coast Guard Museum, which may be used for
authorized activities including the preservation and protection of
Coast Guard artifacts and the design, fabrication, and installation
of exhibits or displays in which these artifacts are included. The
Coast Guard is directed to brief the Committee on a plan for the
use of these funds prior to their obligation.
Countering Transnational Criminal Organizations.—The rec-
ommendation includes the request of $9,000,000 to expand the
Coast Guard’s capacity to execute a multi-layered approach in the
Western Hemisphere maritime transit zone and dismantle
Transnational Criminal Organizations in the region. Within 60
days of the date of enactment of this Act, the Coast Guard shall
report to the Committee on its allocation plan for these funds, in-
cluding a detailed assessment on how the Coast Guard will en-
hance the effectiveness of interdiction efforts and mission require-
ments across the Eastern Pacific and the Caribbean.
The Committee recognizes the importance of the Joint Homeland
Operations Center in San Diego, California, as a part of this initia-
tive and encourages future additional investments to sustain mis-
sion capabilities in this critical region.
Electronic Health Records.—The Committee wishes to ensure
that the Coast Guard’s transition to MHS GENESIS includes dig-
ital transformation of legacy health records. The Secretary is di-
SSpencer on DSKJLSW7X2PROD with REPORTS
rected to review the plans for the digital transformation of Coast
Guard legacy health records, including time lines and expected
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00046 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
47
costs, and provide a briefing on the results not later than 120 days
after the enactment of this Act.
Expedited Requests for Transfer.—The Committee directs the
Coast Guard to report, not later than 90 days of the enactment of
this Act, on the number of ‘‘expedited requests for transfer’’ that
have been made by victims of sexual assault during the previous
fiscal year, the number of applications denied, and, for each appli-
cation denied, a description of the reasons why such application
was denied. As part of this report, the Coast Guard shall also re-
port on the number of service members served by its Special Victim
Counsel program in the previous fiscal year.
Great Lakes Icebreaker Program.—The Committee includes the
requested amount to continue support for the Great Lakes Ice-
breaker program office. The program office will continue to explore
ways to enhance icebreaking capacity on the Great Lakes.
Indo-Pacific Strategy.—The Committee supports an expanded
operational role for the Coast Guard in the implementation of the
Administration’s Indo-Pacific Strategy, especially in building closer
ties with partner countries and assisting in capacity building in
maritime security. The Committee directs the Coast Guard to pro-
vide a new strategic intent report to the Committee on its evolving
role in the Indo-Pacific Strategy, including risk assessments, strat-
egy, implementation, partnerships, and performance measures not
later than 180 days after the date of enactment of this Act.
Junior ROTC Program.—Section 519 of Public Law 116–92, the
National Defense Authorization Act of 2020, authorized the Sec-
retary to establish and maintain a Junior Reserve Officers’ Train-
ing Corps, at public and private secondary educational institutions.
The Committee directs the Coast Guard, within 60 days of the date
of enactment of this Act, to report on the requirements for estab-
lishing this program.
My Career Advancement Account Initiative.—The Committee rec-
ognizes the strong correlation between servicemember retention
and the employment outcomes of their spouses. Section 580G of
Public Law 116–92, the National Defense Authorization Act of
2020, allows the spouse of a member of the Coast Guard to partici-
pate in the My Career Advancement Account (MyCAA) program of
the Department of Defense. The Committee strongly encourages
the Coast Guard to ensure Coast Guard spouses are able to benefit
from this program and directs the Coast Guard within 60 days of
enactment of this Act to submit to the Committee a report describ-
ing the resource requirements for establishing this program.
Natural Disaster Resiliency.—The Committee remains concerned
about the risks posed by natural disasters and the effects of cli-
mate change on Coast Guard facilities. Within 90 days of the date
of enactment of this Act, the Coast Guard is directed to brief the
Committee on its efforts to address the risk management rec-
ommendations in GAO 19 675 and GAO 19 711T, including an as-
sessment on the effects of sea level rise.
Powered Ascenders for Rotary-Wing Fleet.—The Committee recog-
nizes the importance of redundant systems for aviation rescue op-
erations and encourages the Coast Guard to consider equipping its
SSpencer on DSKJLSW7X2PROD with REPORTS
rotary-wing aircraft with lightweight, portable, powered ascenders
with lift capacity equivalent to conventional rescue hoists.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00047 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
48
STARBASE.—The Committee is pleased with the Coast Guard’s
expanded authority to engage with the Department of Defense on
the youth STARBASE program. Based on the availability of re-
sources, the Coast Guard is encouraged to explore the feasibility of
participating in this program; evaluate and obtain an under-
standing of best practices in implementing the program; and keep
the Committee informed of its activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020 ......................................................... $1,772,506,000
Budget request, fiscal year 2021 ....................................................... 1,637,091,000
Recommended in the bill ................................................................... 2,158,791,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +386,285,000
Budget request, fiscal year 2021 ................................................ +521,700,000
The Coast Guard is directed to continue to brief the Committee
quarterly on all major acquisitions, consistent with the direction in
the explanatory statement accompanying Public Law 114–4.
Vessels
Cutter Boats.—The recommendation includes $5,500,000 above
the requested level to procure combat craft assault vessels for the
Maritime Security Response Teams to address mission capability
requirements and standardize the mix of vessels across both units.
Fast Response Cutter (FRC).—The recommendation provides
$260,000,000 for four FRCs, $240,000,000 above the request to fin-
ish the program of record for this asset.
National Security Cutter (NSC).—The bill does not include the
proposed rescission of $70,000,000 of the $100,500,000 provided in
fiscal year 2020 for the acquisition of long lead time materials for
the construction of a twelfth National Security Cutter.
Offshore Patrol Cutter (OPC).—The recommendation provides the
requested $546,000,000 to continue the program of record for these
critical assets. The Committee directs the Coast Guard to continue
briefings, as described in Public Law 116–93, on the metrics used
to evaluate adherence to production timelines and costs, as well as
progress towards or challenges experienced in meeting these
metrics.
Polar Security Cutter (PSC).—The recommendation includes the
requested $555,000,000 for the procurement of a second PSC. The
Committee is committed to the importance of a U.S. presence in
the polar regions, especially the Arctic, and is pleased to be able
to continue to advance the procurement of these assets.
Aircraft
HC–130J Acquisition/Conversion/Sustainment.—The Committee
recommends $120,000,000, $110,000,000 above the request, for one
HC–130J long range surveillance aircraft, which will support the
production and missionization of the eighteenth plane as part of an
acquisition program goal of twenty-two aircraft.
Long Range Command and Control Aircraft (LRCCA).—The
Coast Guard’s LRCCA fleet includes one owned legacy asset that
SSpencer on DSKJLSW7X2PROD with REPORTS
was procured in 2001 and a newer leased asset. The Committee un-
derstands that the Coast Guard currently plans to use funding pro-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00048 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
49
vided in its fiscal year 2020 appropriation to replace the newer
leased asset. Before committing to that approach, the Commandant
is directed the to reassess whether replacement of the older aircraft
couldbe more cost effective and provide added operational capa-
bility. The Committee directs the Coast Guard to provide an up-
dated analysis to the Committee not later than 60 days after the
date of enactment of this Act.
In addition, the Coast Guard is directed to provide semi-annual
updates to the Committee on the utilization of these aircraft, in-
cluding operating and maintenance costs; dates when the aircraft
are out of service for maintenance, and whether such maintenance
was planned or unplanned; and the names and titles of depart-
mental officials and non-departmental individuals traveling on the
aircraft, including their dates of travel. The first such update is
due not later than 60 days after the date of enactment of this Act
and shall include the required information for fiscal year 2020.
Shore Facilities and Aids to Navigation
Major Construction; Housing; Aids-to-Navigation; and Survey &
Design.—The recommendation includes $166,200,000 above the re-
quest to support Coast Guard personnel and families by funding
the top two projects from the Housing, Family Support, Safety, and
Training Facilities category of the Coast Guard’s Unfunded Priority
List (UPL) and the top four projects from the Shore Construction
Supporting Operational Assets and Maritime Commerce category of
the UPL. In addition to the amounts provided, the recommendation
assumes $4,000,000 from the Coast Guard Housing Fund will be
used for these projects. The Coast Guard is directed to report to the
Committee the actual receipts collected into the fund not later than
30 days after the end of the fiscal year.
Runway 1/19.—The Committee continues to support plans to re-
capitalize Runway 1/19 at Base/Air Station Elizabeth City. The
Committee expects that the Coast Guard will continue to work
with state and local partners, including institutions of higher learn-
ing on a plan for this project. The Committee also expects the
Coast Guard will continue to provide timely information regarding
the scope, costs, and benefits of the project, including the viability
of a financial and/or operational partnership with non-federal
stakeholders.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2020 ......................................................... $4,949,000
Budget request, fiscal year 2021 ....................................................... 5,276,000
Recommended in the bill ................................................................... 8,276,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +3,327,000
Budget request, fiscal year 2021 ................................................ +3,000,000
Blue Technology Center of Expertise.—The Committee under-
stands the Coast Guard has detailed personnel to the new Blue
Technology Center of Expertise with a goal of advancing opportuni-
ties for rapid identification, evaluation, and transition of new blue
SSpencer on DSKJLSW7X2PROD with REPORTS
technologies into Coast Guard capabilities. The Committee directs
the Coast Guard to report periodically on the successes of the Cen-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00049 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
50
ter and encourages the Coast Guard to continue and expand this
partnership.
Comprehensive Incident Management System.—The Committee
understands that the Coast Guard currently lacks a unified tech-
nology platform for situational awareness, including the status of
Coast Guard resources and assets, at U.S. ports. The Committee
encourages the Coast Guard to assess the feasibility of conducting
a pilot program to evaluate comprehensive maritime incident man-
agement systems at one or more ports; report to the Committee on
the results of its assessment; and, if warranted, provide a plan and
timeline for carrying out such a pilot.
Small Unmanned Aerial Systems (sUAS).—The Committee sup-
ports the integration of unmanned aerial systems into Coast Guard
operations to provide greater situational awareness and take ad-
vantage of developments in rapidly improving reconnaissance tech-
nology. The Committee includes $3,000,000 above the request for
further R&D as described in the UPL. The Committee directs the
Coast Guard to report to the Committee on the results of this ef-
fort, to include the viability of sUAS on appropriate assets in its
existing fleets and any plans utilize this capability for future pro-
grams, such as the OPC and PSC.
Unmanned Surface Vehicles (USV).—The Committee directs the
Coast Guard to report on the plans for research and development
activities related to USVs not later than 90 days after the date of
enactment of this Act, and of the subsequent findings when they
are available. Such findings should include how data collected by
these vehicles could augment current assets and support oper-
ational maritime awareness, surveillance and reconnaissance.
HEALTH CARE FUND CONTRIBUTION *
Appropriation, fiscal year 2020 ......................................................... $205,107,000
Budget request, fiscal year 2021 ....................................................... 215,787,000
Recommended in the bill ................................................................... 215,787,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +10,680,000
Budget request, fiscal year 2021 ................................................ –––
* This is a permanent indefinite discretionary appropriation.
The Health Care Fund Contribution accrues the Coast Guard’s
military Medicare-eligible health benefit contribution to the De-
partment of Defense Medicare-Eligible Retiree Health Care Fund.
Contributions are for future Medicare-eligible retirees, as well as
retiree dependents and their potential survivors.
RETIRED PAY
Appropriation, fiscal year 2020 ......................................................... $1,802,309,000
Budget request, fiscal year 2021 ....................................................... 1,869,704,000
Recommended in the bill ................................................................... 1,869,704,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +67,395,000
Budget request, fiscal year 2021 ................................................ –––
The Retired Pay mandatory appropriation provides payments as
identified under the Retired Serviceman’s Family Protection and
SSpencer on DSKJLSW7X2PROD with REPORTS
Survivor Benefits Plans and other retired personnel entitlements
identified under prior-year National Defense Authorization Acts.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00050 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
51
This appropriation also includes funding for medical care of retired
personnel and their dependents.
UNITED STATES SECRET SERVICE
Appropriation, fiscal year 2020 ......................................................... $2,415,845,000
Budget request, fiscal year 2021* ..................................................... 2,360,538,000
Recommended in the bill ................................................................... 2,432,796,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +16,951,000
Budget request, fiscal year 2021 ................................................ +72,258,000
* Note—funding for the Secret Service was proposed in the Administration’s fiscal year 2021 budget
through the Department of the Treasury.
Mission
The United States Secret Service (USSS) protects and inves-
tigates threats against the President and Vice President, their fam-
ilies, visiting heads of state, and other designated individuals; pro-
tects the White House, the Vice President’s Residence, foreign mis-
sions, and certain other facilities within Washington, D.C.; and co-
ordinates the security at National Special Security Events (NSSE).
The Secret Service also investigates violations of laws relating to
counterfeiting of obligations and securities of the United States; fi-
nancial crimes, including access device fraud, financial institution
fraud, identity theft, and computer fraud; and computer-based at-
tacks on financial, banking, and telecommunications infrastructure.
In addition, the agency provides support for investigations related
to missing and exploited children.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020 ......................................................... $2,336,401,000
Budget request, fiscal year 2021 ....................................................... 2,310,296,000
Recommended in the bill ................................................................... 2,368,553,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +32,152,000
Budget request, fiscal year 2021 ................................................ +58,257,000
The fiscal year 2021 budget proposes transferring USSS to the
Treasury Department. Absent an enacted law to effect such a
transfer, the Committee recommends continued funding for the Se-
cret Service through the Department of Homeland Security.
The recommendation includes the following increases above the
request: $7,500,000 for overtime pay; $10,000,000 for additional re-
tention initiatives; $1,500,000 for Electronic Crimes Task Force
modernization; $20,000,000 for radio modernization; $29,140,000
for basic and advanced computer forensics training for state and
local law enforcement officers, judges, and prosecutors in support
of the Secret Service mission; $11,300,000 for IT support and infra-
structure modernization; and $14,000,000 for Operational Mission
Support (OMS).
Within the total amount provided, the bill makes $41,807,000
available until September 30, 2022, of which $11,480,000 is for the
James J. Rowley Training Center; $7,827,000 is for OMS;
$4,500,000 is for NSSEs; and $18,000,000 is for protective travel.
As directed in House Report 115–239, USSS should attempt to
SSpencer on DSKJLSW7X2PROD with REPORTS
fully obligate its Operations and Support (O&S) funding during the
fiscal year, including for OMS projects.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00051 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
52
Electronic Crimes.—The Committee notes that the Secret Service
is a lead federal agency in the effort to protect U.S. consumers,
banks, and small businesses from complex, cyber-enabled financial
crimes. This includes such crimes as Business Email Compromise
scams, network intrusions, online identity theft, and the use of
electronic ‘‘skimming’’ devices, typically at gas station pumps or
ATM machines, that steal encoded information from debit and
credit cards. The Committee is concerned about the growing threat
to consumers posed by skimming, and encourages the Secret Serv-
ice, in partnership with the Federal Trade Commission, law en-
forcement officials and gas station owners, to strengthen efforts to
educate the public about skimming, conduct anti-skimming inves-
tigations, and apprehend the criminals responsible.
The Committee recognizes the efforts of the Secret Service’s Fi-
nancial and Electronic Crimes Task Forces to combat skimming
across the United States, as well as the work of the National Com-
puter Forensics Institute (NCFI) to train and equip state, local, and
tribal law enforcement personnel to effectively investigate and
prosecute electronic crimes, including skimming. To help address
these concerns, the Committee includes $1,500,000 above the re-
quest for electronic crimes task force modernization, in addition to
funds provided for NCFI.
National Computer Forensics Institute.—The recommendation in-
cludes $33,140,000 for continued support of the NCFI, which is
$29,140,000 above the request. The NCFI provides electronic
crimes investigation training to state and local law enforcement of-
ficers, prosecutors, and judges who are nominated for participation
by USSS field offices.
Support to Missing and Exploited Children.—The recommenda-
tion includes $6,000,000 for support of missing and exploited chil-
dren investigations, as requested, for a grant related to investiga-
tions.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020 ......................................................... $66,989,000
Budget request, fiscal year 2021 ....................................................... 38,305,000
Recommended in the bill ................................................................... 52,306,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. ¥14,683,000
Budget request, fiscal year 2021 ................................................ +14,001,000
The recommendation includes an increase of $14,001,000 above
the request for the James J. Rowley Training Center.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2020 ......................................................... $12,455,000
Budget request, fiscal year 2021 ....................................................... 11,937,000
Recommended in the bill ................................................................... 11,937,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. ¥518,000
Budget request, fiscal year 2021 ................................................ –––
TITLE II—ADMINISTRATIVE PROVISIONS—THIS ACT
SSpencer on DSKJLSW7X2PROD with REPORTS
Section 201. The Committee continues by reference a provision
regarding overtime compensation.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00052 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
53
Section 202. The Committee continues and modifies a provision
allowing CBP to sustain or increase operations in Puerto Rico and
the U.S. Virgin Islands with appropriated funds.
Section 203. The Committee continues a provision regarding the
availability of fee revenue collected from certain arriving pas-
sengers.
Section 204. The Committee continues a provision allowing CBP
access to certain reimbursements for preclearance activities.
Section 205. The Committee continues a provision regarding the
importation of prescription drugs by an individual for personal use.
Section 206. The Committee continues a provision regarding
waivers of the Jones Act.
Section 207. The Committee continues a provision prohibiting
DHS from establishing a border crossing fee.
Section 208. The Committee continues a provision prohibiting the
obligation of funds prior to the submission of an expenditure plan
for funds made available for CBP Procurement, Construction, and
Improvements.
Section 209. The Committee continues and modifies a provision
allocating funds within CBP Procurement, Construction, and Im-
provements account for specific purposes and directs an updated
risk-based plan be submitted.
Section 210. The Committee continues and modifies a provision
prohibiting the construction of border security barriers in specified
areas.
Section 211. The Committee includes a provision prohibiting the
construction of physical barriers along the southern land border ex-
cept by using amounts made available for such purposes by prior
appropriations Acts.
Section 212. The Committee continues and modifies a provision
prohibiting the construction of border security barriers in specified
areas.
Section 213. The Committee continues a provision prohibiting the
use of funds provided under the heading ‘‘U.S. Immigration and
Customs Enforcement—Operations and Support’’ for the 287(g) pro-
gram if the terms of the agreement governing the delegation of au-
thority have been materially violated.
Section 214. The Committee continues a provision prohibiting the
use of funds provided under the heading ‘‘U.S. Immigration and
Customs Enforcement—Operations and Support’’ to contract for de-
tention services if the facility receives less than ‘‘adequate’’ ratings
in two consecutive performance evaluations.
Section 215. The Committee continues and modifies a provision
related to information sharing between ICE and the Office Refugee
Resettlement (ORR) that prohibits ICE from using information for
removal purposes if it was provided by as part of a process of spon-
soring an unaccompanied alien child or reuniting a child with a
family member or if it is based on information gathered in therapy
sessions for child while in ORR.
Section 216. The Committee continues a provision that requires
ICE to provide information and statistics about the 287(g) program.
Section 217. The Committee continues and modifies a provision
SSpencer on DSKJLSW7X2PROD with REPORTS
that requires ICE to provide statistics about its detention popu-
lation.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00053 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
54
Section 218. The Committee includes a new provision ensuring
aliens’ access to legal counsel and know your rights presentations
for specified legal proceedings and requires the Secretary and the
Director of the Office of Civil Rights and Liberties to certify that
such requirements have been met.
Section 219. The Committee includes a provision that prohibits
the detention of individuals for more than the specified periods if
they do not pose a threat to public safety or a flight risk and en-
sures that transgender detainees are detained in facilities that
comply with ICE standards for such individuals.
Section 220. The Committee includes a provision to focus Home-
land Security Investigations activities on functions that are not re-
dundant to those of Enforcement and Removal Operations.
Section 221. The Committee includes a provision that prohibits
ICE from removing individuals with a pending Violence Against
Women Act (VAWA), U-visa, or T-visa application or a pending ap-
peal of a denial related to such visas.
Section 222. The Committee continues a provision clarifying that
certain elected and appointed officials are not exempt from federal
passenger and baggage screening.
Section 223. The Committee continues a provision directing the
deployment of explosive detection systems based on risk and other
factors.
Section 224. The Committee continues a provision authorizing
TSA to use funds from the Aviation Security Capital Fund for the
procurement and installation of explosive detection systems or for
other purposes authorized by law.
Section 225. The Committee includes a provision directing the
Administrator of TSA to report to specified Committees about the
agency’s investment plans.
Section 226. The Committee includes a provision to extend the
authority for a reimbursable TSA pilot program in Public Law 116–
6 through fiscal year 2023 to enable completion of the pilot.
Section 227. The Committee continues a provision prohibiting
funds made available by this Act under the heading ‘‘Coast
Guard—Operations and Support’’ for recreational vessel expenses,
except to the extent fees are collected from owners of yachts and
credited to this appropriation.
Section 228. The Committee continues and modifies a provision
allowing up to $10,000,000 to be reprogrammed to or from Military
Pay and Allowances within ‘‘Coast Guard—Operations and Sup-
port’’.
Section 229. The Committee continues a provision requiring sub-
mission of a future-years capital investment plan.
Section 230. The Committee includes a provision allowing the al-
locations of funds made available for Overseas Contingency Oper-
ations/Global War on Terrorism.
Section 231. The Committee includes a provision allowing for the
use of the Coast Guard Housing Fund.
Section 232. The Committee continues a provision allowing the
Secret Service to obligate funds in anticipation of reimbursement
for personnel receiving training.
SSpencer on DSKJLSW7X2PROD with REPORTS
Section 233. The Committee continues a provision prohibiting
funds made available to the Secret Service from being used for the
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00054 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
55
protection of the head of a federal agency other than the Secretary
of Homeland Security, except when the Director has entered into
a reimbursable agreement for such protection services.
Section 234. The Committee continues and modifies a provision
allowing the reprogramming of funds within ‘‘United States Secret
Service—Operations and Support’’.
Section 235. The Committee continues a provision allowing for
funds made available for ‘‘United States Secret Service—Oper-
ations and Support’’ to be available for travel of employees on pro-
tective missions without regard to limitations on such expenditures
in this or any other Act after notification to the Committees on Ap-
propriations.
Section 236. The Committee includes a provision requiring semi-
monthly reporting on a public website related to requests by law
enforcement agencies for support from DHS law enforcement per-
sonnel and requiring notification to the Committee when DHS pro-
vides such support.
Section 237. The Committee includes a provision prohibiting the
use of funds to modify or revoke ICE guidance related to SEVP
stakeholders.
Section 238. The Committee includes a provision prohibiting the
use of funds by ICE to operate a citizen academy program.
Section 239. The Committee includes a provision requiring the
Secretary to temporarily stay the removal of certain alien bene-
ficiaries of private bills.
TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND
RECOVERY
CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
Appropriation, fiscal year 2020 ......................................................... $2,015,622,000
Budget request, fiscal year 2021 ....................................................... 1,757,798,000
Recommended in the bill ................................................................... 2,254,747,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +239,125,000
Budget request, fiscal year 2021 ................................................ +496,949,000
Mission
The Cybersecurity and Infrastructure Security Agency (CISA) is
responsible for enhancing the security of the nation’s physical and
cyber infrastructure and interoperable communications systems;
safeguarding and securing cyberspace; and strengthening national
preparedness and resilience.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020 ......................................................... $1,566,229,000
Budget request, fiscal year 2021 ....................................................... 1,437,888,000
Recommended in the bill ................................................................... 1,843,891,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +277,662,000
Budget request, fiscal year 2021 ................................................ +406,003,000
The recommendation includes increases above the request total-
ing $240,902,000 to help maintain current services through restora-
SSpencer on DSKJLSW7X2PROD with REPORTS
tions of proposed program reductions and annualizations of prior
year initiatives. In addition, the Committee provides $170,742,000
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00055 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
56
in enhancements above the request, which are describe in more de-
tail below.
Proposed amounts are reduced by $3,866,000 for proposed in-
creases in awards spending and a net reduction of $1,775,000 asso-
ciated with proposed adjustments across the account that were ei-
ther unjustified or in error.
The Committee is disappointed in the lack of quality and detail
provided in CISA’s fiscal year 2021 budget justification documents,
to include several errors and unjustified adjustments that appear
to be attributable to CISA’s premature proposal for a new PPA
structure and raise questions about whether the budget could be
executed as requested. The Committee is also concerned that the
request did not sustain funding for initiatives funded in fiscal years
2019 and 2020, to include significant hiring initiatives, and the
budget justification materials failed to address the personnel who
would be impacted.
While the recommendation adopts the proposed PPA structure, it
rejects adjustments that CISA was unable to adequately defend
and it allocates funding at a more detailed accounting level to en-
sure transparency and executability and to encourage account-
ability. CISA is directed to submit the fiscal year 2022 budget re-
quest at the same level of PPA detail as provided in the table at
the end of this report with no further adjustments to the PPA
structure.
Additionally, CISA is directed to continue to provide the quar-
terly spend plan and hiring briefings required by the explanatory
statement accompanying the Department of Homeland Security
Appropriations Act, 2020, (Public Law 116–93), to be updated for
the new initiatives funded in this Act.
Cybersecurity
Consequence Analysis.—The Committee encourages CISA to con-
tinue to use commercial, human-led threat behavioral analysis and
technology, and to employ private sector, industry-specific, threat
intelligence and best practices to better characterize potential con-
sequences to critical infrastructure sectors during a systemic cyber
event.
Cyber Defense Education and Training Initiative.—The Com-
mittee provides an increase above the request of $32,607,000 to
support the Cyber Defense Education and Training Initiative, of
which $11,907,000 is to sustain related prior year initiatives, in-
cluding $4,300,000 for the Cybersecurity Education and Training
Assistance Program (CETAP). The recommended increase also in-
cludes $5,700,000 above the request to further expand cybersecu-
rity education programs targeting the Kindergarten through 12th
grade (K–12) community, including CETAP, to support the develop-
ment of education delivery methods that engage K–12 students,
teachers, counselors and post-secondary institutions and encourage
students to pursue cybersecurity careers. Lastly, the recommended
increase includes $15,000,000 above the request to support the Na-
tional Institute of Standards and Technology (NIST) National Ini-
SSpencer on DSKJLSW7X2PROD with REPORTS
tiative for Cybersecurity Education (NICE) Challenge project or for
similar efforts to address shortages in the cybersecurity workforce
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00056 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
57
through the development of content and curriculum for colleges,
universities, and other higher education.
Cyber Threats to Critical Election Infrastructure.—The Com-
mittee is encouraged by CISA’s election-related support to state
and local election officials and urges CISA and the Election Infra-
structure Information Sharing and Analysis Center (EI–ISAC) to
expand outreach to the most vulnerable jurisdictions. By not later
than December 1, 2020, CISA is directed to brief the Committee on
the outcome of its efforts related to the 2020 elections, to include
any preliminary findings.
Cybersecurity Briefings.—The Committee directs CISA to con-
tinue providing the semiannual briefing on the National Cybersecu-
rity Protection System (NCPS) program and the Continuous
Diagnostics and Mitigation (CDM) program as described in House
Report 116–180. The Committee also reminds CISA of the briefing
on CDM and NCPS modernization required by the Explanatory
Statement accompanying Public Law 116–93 and looks forward to
receiving this briefing as soon as possible.
Cybersecurity Mission Systems Engineering.—The recommenda-
tion provides an increase of $3,633,000 above the request in the
Operations and Support account and $47,846,000 in the Procure-
ment, Construction, and Improvements account to upgrade and in-
vest in a strategic, agency-wide approach to the systems engineer-
ing lifecycle of capabilities that support all CISA cybersecurity op-
erations, including Threat Hunting and Vulnerability Management.
This funding will help protect federal networks and critical infra-
structure from nation-state threats and reduce vulnerabilities.
Cybersecurity Workforce.—The Committee reminds CISA of the
briefing on addressing shortages in the cybersecurity workforce re-
quired by the Explanatory Statement accompanying Public Law
116–93 and looks forward to receiving this briefing as soon as pos-
sible.
Federal Cybersecurity.—Advanced CDM cybersecurity capabilities
and the Agency-Wide Adaptive Risk Enumeration (AWARE) scor-
ing system have enabled agencies to prioritize actions and improve
their basic cybersecurity hygiene. However, CISA can do more to
assist agencies in using CDM tools. CISA is encouraged to ensure
agencies have the training and information necessary to fully lever-
age their CDM capabilities, to include guidance on best practices,
sample architectures, and downloadable security policy sets.
Additionally, given NCPS’s success at delivering core capabilities
for CISA and the federal government, it may be a useful platform
on which to overlay other critical cybersecurity capabilities. There-
fore, the Committee directs CISA to develop an analysis of alter-
natives for aligning vulnerability management, incident response,
and NCPS capabilities. Not later than 60 days after the date of en-
actment of this Act, CISA shall brief the Committee on its findings.
Federal Cyber Risk Administration.—The Federal Information
Security Modernization Act (FIMA) requires that the Secretary, in
consultation with the Director of the Office of Management and
Budget, ‘‘administer the implementation of agency information se-
curity policies and practices’’ for specified federal civilian informa-
SSpencer on DSKJLSW7X2PROD with REPORTS
tion systems and operate a ‘‘central Federal information security
incident center’’ (44 U.S.C. 3553, 3556). To support this role, the
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00057 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
58
Committee provides an increase of $5,881,000 above the request to
establish a formal program office to help federal civilian agencies
understand, adopt, and implement effective cybersecurity govern-
ance practices and promote proactive interagency planning and co-
ordination. The Committee also provides an increase of $9,257,000
to establish a formal program office to coordinate supply chain risk
management efforts for federal civilian agencies; act as the execu-
tive agent for the Federal Acquisition Security Council (FASC), as
authorized by the SECURE Technology Act, 2018 (Public Law 115–
390); and fund various supply chain related efforts and services.
Hunt and Incident Response Teams.—In the face of cyber threats
from nation-state adversaries such as Russia, China, Iran, and
North Korea, the Committee recommends an increase of $6,000,000
above fiscal year 2020 funding levels to continue to grow CISA’s
threat hunting capabilities. CISA’s threat hunting teams are a crit-
ical capability to identifying and mitigating threats that are
present on our federal government networks and nation’s critical
infrastructure. CISA’s threat hunters pursue advanced threat ac-
tors by leveraging information from the U.S. intelligence commu-
nity, private sector threat intelligence providers, and international
partners, and from private sector partners through voluntary part-
nerships.
Joint Cyber Center (JCC) for National Cyber Defense.—The rec-
ommendation provides an increase of $11,568,000 above the re-
quest to establish a JCC to bring together federal and SLTT gov-
ernments, industry, and international partners to strategically and
operationally counter nation-state cyber threats. The Committee di-
rects CISA to brief the Committee not later than 60 days after the
date of enactment of this Act on a plan for establishing the JCC,
including a charter; budget and hiring plan; description of how it
will complement and leverage other CISA capabilities; and strategy
for partnering with the aforementioned stakeholders.
Multi-State Information Sharing and Analysis Center (MS-
ISAC).—The Committee is encouraged by the successes of the MS–
ISAC to provide cost effective and innovative solutions to SLTT
governments. The recommendation restores the proposed
$11,439,000 reduction to this capability and provides an additional
$8,007,000 to sustain and continue to expand and invest in the pro-
gram’s capabilities, to include endpoint detection and response; ma-
licious domain activity blocking; and improving threat intelligence
capabilities.
Shared Cybersecurity Services Office.—Through the Shared Cy-
bersecurity Services Office (SCSO), CISA serves as the Quality
Services Management Office for federal cybersecurity. To help im-
prove efforts to make strategic cybersecurity services available to
federal agencies, the Committee includes $5,064,000 above the re-
quest to sustain prior year investments and an additional
$5,000,000 to continue to expand the office.
The Committee also supports continuing efforts by the Depart-
ment to protect its networks from adversaries, including the devel-
opment of a vulnerability disclosure policy, and supports CISA’s ef-
forts to implement similar policies across federal civilian agencies,
SSpencer on DSKJLSW7X2PROD with REPORTS
such as through Binding Operational Directive 20–01. Within the
funds provided for SCSO, CISA is directed to work with the Man-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00058 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
59
agement Directorate to conduct a crowd-sourced security testing
program that uses technology platforms and ethical security re-
searchers to test for vulnerabilities on departmental systems. In
addition, not later than 90 days after the date of enactment of this
Act, CISA is directed to brief the Committee on opportunities for
state and local governments to leverage shared services provided
through SCSO or a similar capability and to explore the feasibility
of executing a pilot program focused on this goal.
Vulnerability Management Infrastructure.—The Committee rec-
ognizes that as the number of networked devices across cyberspace
increases exponentially, so has the number of identified and re-
ported vulnerabilities in the software and hardware that operates
critical infrastructure globally. The Committee provides an increase
of $10,022,000 above the request for the underlying infrastructure
that enables better identification, analysis, and publication of
known vulnerabilities and common attack patterns, including
through the National Vulnerability Database, and to expand the
coordinated responsible disclosure of vulnerabilities.
Infrastructure Security
Bombing Prevention—Advanced Training Initiative.—The Com-
mittee provides an increase of $5,370,000 above the request for the
bombing prevention advanced training initiative, to include im-
provements to the counterterrorism and targeted violence program
and to expand capacity and coverage.
Stakeholder Exercise Program.—The Committee provides an in-
crease of $5,185,000 above the request to address the growing de-
mand for CISA exercise services.
Emergency Communications
First Responder Emergency Medical Communications.—The rec-
ommendation continues prior year funding of $2,000,000 to admin-
ister SLTT projects that aid in the implementation of the National
Emergency Communications Plan and demonstration of emergency
medical communications in rural areas.
Integrated Operations
Grid Security and Resiliency.—Electricity grid security and resil-
iency are issues of paramount importance to our national security.
In the face of global cyber threats from nations such as Iran, Rus-
sia, China, and North Korea, the U.S. national grid infrastructure
remains a top target for attacks. The committee encourages CISA
to work closely with electric cooperatives, state investor owned util-
ities, municipal utilities, and other utility providers to plan and
build out needed cybersecurity infrastructure and enhance ongoing
efforts to improve cybersecurity posture.
Risk Management Operations
Critical Infrastructure Dependency Analyses.—The Committee
provides an increase of $2,000,000 above the request to accelerate
SSpencer on DSKJLSW7X2PROD with REPORTS
the availability of capabilities to better understand, operationalize,
and visualize critical infrastructure dependencies. CISA is encour-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00059 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
60
aged to consider enhanced capabilities provided by emerging tech-
nologies, such as Artificial Intelligence (AI)/Machine Learning
(ML), to support the understanding and visualization of cross-sec-
tor dependencies. These analyses aid CISA’s ability to make avail-
able information required for decision support to government and
community cross-domain cyber and physical incident planning, re-
sponse, and recovery actions.
Modeling Capability Transition Environment (MCTE).—MCTE is
the National Risk Management Center’s (NRMC) analytic environ-
ment for the integration, refinement, and running of models, sim-
ulations, and geospatial analyses. The NRMC’s expanded mission
set has necessitated an increase in requirements, which has im-
pacted the MCTE’s lifecycle cost estimate. The Committee provides
an increase of $4,056,000 above the request to fund these addi-
tional requirements.
National Critical Functions (NCFs) Analytic Capability.—The
Committee provides an increase of $25,200,000 above the request
to develop an agile analytic capability that can evaluate evolving
strategic technology risks for NCF assets over a 5 to 20-year time-
span. The NRMC is directed to brief the Committee not later than
60 days after the date of enactment of this Act on a plan of action
and milestones for bringing this capability online, including a
budget and hiring plan.
Payment Systems.—CISA is directed to perform a risk assess-
ment, not later than 180 days after the date of enactment of this
Act, on vulnerabilities in U.S. payments systems, including point of
sale and online purchase systems, vulnerable to data breaches.
CISA shall make an unclassified version of the assessment publicly
available to help inform businesses and consumers.
Supply Chain Risk Management.—The Committee continues to
be concerned about cyber vulnerabilities within supply chains,
which pose unacceptable risks to the nation’s physical and cyber in-
frastructure and, therefore, to national security. The recommenda-
tion includes an increase of $18,005,000 above the request to con-
tinue the development of capabilities to address these risks
through the ICT Supply Chain Risk Management Task Force and
other stakeholders, such as the FASC. This funding shall be used
for activities such as supply chain mapping and risk assessments;
qualified bidder and manufacturer lists criteria development; and
critical infrastructure commodities supply chain analysis and mod-
eling.
Stakeholder Engagement and Requirements
Critical Infrastructure Sector Management.—The recommenda-
tion provides an increase of $5,000,000 to begin to increase CISA’s
critical infrastructure sector management support for the 8 sectors
for which it is the Sector Specific-Agency, and for its role in coordi-
nating all 16 sectors on behalf of the Secretary of Homeland Secu-
rity, as defined in Presidential Policy Directive 21.
Public Awareness Campaigns.—The recommendation includes an
increase of $5,500,000 to expand CISA’s public awareness cam-
paigns to improve public resiliency to cybersecurity attacks.
SSpencer on DSKJLSW7X2PROD with REPORTS
SLTT Resilience Technical Assistance.—The Committee is con-
cerned by the increasing prevalence of cyber-attacks on SLTT gov-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00060 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
61
ernments, including ransomware attacks. The recommendation pro-
vides an increase of $8,078,000 above the request to increase tech-
nical assistance and other support for SLTT partners to enhance
cyber resilience and cyber information sharing across the critical
infrastructure ecosystem. The Committee encourages CISA to ex-
plore opportunities to partner with universities to leverage their
expertise to help public and private institutions prevent and re-
spond quickly to crippling cyber-attacks.
The Committee also directs CISA to work with appropriate
stakeholders on the development and promotion of cybersecurity
plans that could be adopted or modified for adoption by SLTT gov-
ernments, and to partner with FEMA to better leverage DHS grant
assistance authorities to support cybersecurity investments. Not
later than 45 days after the date of submission of the fiscal year
2022 budget request, CISA is directed to brief the Committee on
its SLTT technical assistance efforts, including a current under-
standing of the threats to SLTT cybersecurity, known
vulnerabilities, and an assessment of SLTT capability gaps.
Stakeholder Relationship Management.—The recommendation
provides an increase of $6,100,000 above the request to formally es-
tablish a Stakeholder Experience branch within the Stakeholder
Management subdivision, which shall be responsible for imple-
menting, operating, and maintaining CISA’s Stakeholder Relation-
ship Management (SRM) system; implementing the CISA-wide
stakeholder Knowledge Management Program; coordinating, pub-
lishing, and maintaining CISA’s products and service catalog; and
managing a Stakeholder Analytics program.
State Court Electronic Data.—The Committee is concerned with
potential cyber-attacks on State Court electronic data, which con-
tain more than 95 percent of court filings in the United States and
on which state and federal agencies, including law enforcement,
rely on as a source of criminal information. The Committee rec-
ommends that CISA advance its efforts to help secure State Court
electronic case management systems, electronic data systems, and
data transfers between state courts and the state and federal agen-
cies that rely on this data.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020 ......................................................... $434,962,000
Budget request, fiscal year 2021 ....................................................... 313,479,000
Recommended in the bill ................................................................... 396,425,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. ¥38,537,000
Budget request, fiscal year 2021 ................................................ +82,946,000
Infrastructure Security
CISA Gateway Enterprise Data Platform.—The recommendation
provides an increase of $10,000,000 above the request to modernize
the CISA Gateway Enterprise Data Platform, which has not been
modernized significantly since 2014. These capabilities need to be
updated and aligned to provide value to owners, operators, and de-
SSpencer on DSKJLSW7X2PROD with REPORTS
cision makers, and to create an information collection and analysis
system that is mobile, scalable, and user friendly.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00061 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
62
Next Generation Networks (NGN) Priority Services (PS).—The
Committee provides an increase of $25,100,000 to accelerate devel-
opment and deployment of NGN–PS Phase 2 video, data, and infor-
mation services. This enhancement will support the addition of pri-
ority voice capabilities to support all levels of decision making,
from senior leadership to first responders, with real-time informa-
tion to prevent, protect, and preserve human life, critical infra-
structures, and property from acts of terrorism and natural disas-
ters. Not later than 90 days after the date of enactment of this Act,
CISA is directed to provide a briefing to the Committee on an up-
dated NGN–PS acquisition plan and deployment schedule.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2020 ......................................................... $14,431,000
Budget request, fiscal year 2021 ....................................................... 6,431,000
Recommended in the bill ................................................................... 14,431,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ +8,000,000
Integrated Operations
Consistent with the funding provided in fiscal year 2020, the rec-
ommendation includes increases above the request to restore the
proposed $5,000,000 reduction to the Technology Development and
Deployment Program and $3,000,000 to sustain funding to develop
capabilities to model, simulate, and conduct other advanced ana-
lytics of disruptions to cyber and infrastructure networks.
FEDERAL EMERGENCY MANAGEMENT AGENCY
Appropriation, fiscal year 2020 ............................................. $22,536,700,000
Budget request, fiscal year 2021 ........................................... 9,594,388,000
Recommended in the bill ....................................................... 10,831,610,000
Bill compared with:
Appropriation, fiscal year 2020 ...................................... ¥11,705,090,000
Budget request, fiscal year 2021 .................................... +1,237,222,000
Note: These amounts include funding designated by the Congress as being for disaster relief pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Mission
The Federal Emergency Management Agency (FEMA) helps
build, sustain, and improve the nation’s capability to prepare for,
protect against, respond to, recover from, and mitigate all hazards
through disaster response, recovery, and grant programs sup-
porting first responders, emergency management, mitigation activi-
ties, and preparedness.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020 ......................................................... $ 1,102,199,000
Budget request, fiscal year 2021 ....................................................... 1,134,195,000
Recommended in the bill ................................................................... 1,155,750,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +53,551,000
Budget request, fiscal year 2021 ................................................ +21,555,000
The recommendation includes the following increases above the
SSpencer on DSKJLSW7X2PROD with REPORTS
request: $4,000,000 to restore the Emergency Management Assist-
ance Compact (EMAC); $20,000,000 for the Next Generation Warn-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00062 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
63
ing System as part of the Emergency Alert System; $4,500,000 for
the Integrated Public Alert and Warning System (IPAWS);
$3,000,000 for National Geospatial Infrastructure for Disaster Re-
sponse; and $1,000,000 to maintain current services of the Inter-
operable Gateway System.
This recommendation also includes a reduction to the request to-
taling $10,945,000 associated with proposed Awards Spending in-
creases.
Mitigation
Access to Flood Information.—The Committee supports FEMA’s
efforts to integrate and improve technology in the National Flood
Insurance Program and other mitigation programs, and is con-
cerned about reports that state and local floodplain mangers, emer-
gency managers, and other officials are no longer able to access
data critical to performance of their preparedness, mitigation and
recovery responsibilities. Within 60 days of the date of enactment
of this Act, FEMA is directed to brief the Committee on steps that
it can take within its existing authorities to ensure state and local
officials receive the necessary access to this data while assuring ap-
propriate privacy protections.
Chief Resilience Officer.—The Committee is aware and sup-
portive of the six states that have designated a Chief Resilience Of-
ficer (CRO) to coordinate planning and response activities associ-
ated with addressing risks resulting from flooding, sea level rise,
and severe storms. The Committee expects FEMA to coordinate
with the existing state CROs in addition to all of FEMA’s state,
tribal and other state agency partners to identify opportunities for
collaboration, create new efficiencies in federal-state relations, and
identify how new or existing federal funding and other resources,
including non-federal resources, may be used to develop state-wide
resilience master plans and to work with additional states that are
beginning to take the lead on resilience by creating agencies or of-
fices specifically tasked with overseeing large adaptation projects,
proactively incorporating resilience into old and new infrastructure,
and coordinating across agencies. To the extent possible, existing
programs and initiatives should be leveraged to include resilience
and adaptation in lieu of creating entirely new programs or initia-
tives that would run in parallel with but disconnected from existing
state programs.
Mississippi River Resilience.—The Committee recognizes that the
Mississippi River basin from Minnesota to Louisiana is a vital
American waterway. Therefore, the Committee urges FEMA to par-
ticipate and coordinate as an essential federal stakeholder with the
Environmental Protection Agency on developing a Mississippi River
restoration and resiliency strategy focused on improving water
quality, restoring habitat and natural systems, improved naviga-
tion, eliminating aquatic invasive species, and building local resil-
ience to natural disasters.
Preparedness and Protection
SSpencer on DSKJLSW7X2PROD with REPORTS
The recommendation includes $20,000,000 for the Next Genera-
tion Warning System as part of the Emergency Alert System, in-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00063 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
64
cluding up to three percent for administration. The Committee ex-
pects FEMA to work with Corporation for Public Broadcasting to
implement this program for public broadcasting entities, as defined
in 47 USC 397(11). The recommendation also includes $4,500,000
round the clock support for state, local, tribal and territorial users
for the Integrated Public Alert and Warning System (IPAWS). The
recommendation rejects the proposed cuts the Emergency Manage-
ment Assistance Compact (EMAC) and provides $4,000,000 for
EMAC.
Response and Recovery
The Committee recommends the requested funding level for the
Urban Search and Rescue Response System (USAR) to fully sup-
port the 28 USAR Task Forces and also includes an additional
$3,000,000 above the request for National Geospatial Infrastruc-
ture for Disaster Response.
Mission Support
The recommendation rejects a proposed cut to the Interoperable
Gateway System.
Interoperable Communications.—The Committee directs FEMA
to assess the feasibility of using commercial off-the-shelf, mobile
mesh networking technology to ensure communications and inter-
operability between federal, state, and local emergency responders
during disaster response efforts and to brief the Committee on the
results of the assessment not later than 180 days after the date of
enactment of this Act.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020 ......................................................... $ 133,363,000
Budget request, fiscal year 2021 ....................................................... 86,503,000
Recommended in the bill ................................................................... 122,353,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. ¥11,010,000
Budget request, fiscal year 2021 ................................................ +35,850,000
The recommendation includes $30,500,000 above the request for
construction and facility improvements for the Mount Weather
Emergency Operations Center as well as an additional $5,350,000
above the request for Grants Management Modernization.
FEDERAL ASSISTANCE
Appropriation, fiscal year 2020 ......................................................... $3,188,467,000
Budget request, fiscal year 2021 ....................................................... 2,482,552,000
Recommended in the bill ................................................................... 3,662,369,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +473,902,000
Budget request, fiscal year 2021 ................................................ +1,179,817,000
A comparison of the budget request to the Committee rec-
ommended level by budget activity is as follows:
Budget Request Recommendation
Federal Assistance:
Grants:
SSpencer on DSKJLSW7X2PROD with REPORTS
State Homeland Security Grant Program .................................................. $331,939,000 $700,000,000
(Operation Stonegarden) ................................................................... ––– (90,000,000)
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00064 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
65
Budget Request Recommendation
(Nonprofit Security) ........................................................................... ––– (180,000,000)
(Tribal Homeland Security Grant Program) ...................................... .............................. (15,000,000)
Urban Area Security Initiative ................................................................... 426,461,000 795,000,000
(Nonprofit Security) ........................................................................... ––– (180,000,000)
Public Transportation Security Assistance ................................................ 36,358,000 110,000,000
(Amtrak Security) .............................................................................. ––– (10,000,000)
(Other-the Road Bus Security) ......................................................... ––– (3,000,000)
Port Security Grants .................................................................................. 36,358,000 110,000,000
Assistance to Firefighter Grants ............................................................... 344,344,000 385,000,000
Staffing for Adequate Fire and Emergency Response .............................. 344,344,000 385,000,000
Emergency Management Performance Grants .......................................... 279,335,000 385,000,000
National Priority Security Grant Program .................................................. 406,909,000 –––
Flood Hazard Mapping and Risk Analysis Program .................................. 100,000,000 263,000,000
Emergency Food and Shelter ..................................................................... ––– 150,000,000
Alternatives to Detention Case Management Program ............................. ––– 75,000,000
Terrorism and Targeted Violence Prevention Grants ................................. 20,000,000 20,000,000
Subtotal, Grants ............................................................................... 2,326,048,000 3,378,000,000
Education, Training, and Exercises
Center for Domestic Preparedness ............................................................ 67,326,000 67,209,000
Center for Homeland Defense and Security .............................................. ––– 18,000,000
Emergency Management Institute ............................................................. 20,229,000 21,868,000
U.S. Fire Administration ............................................................................ 49,716,000 49,038,000
National Domestic Preparedness Consortium ........................................... ––– 101,000,000
Continuing Training Grants ....................................................................... ––– 8,000,000
National Exercise Program ........................................................................ 19,233,000 19,254,000
Subtotal, Education, Training, and Exercises .................................. 156,504,000 284,369,000
Total, Federal Assistance ................................................................................... $2,482,552,000 $3,662,369,000
Grants
A general provision is included in title V of the bill, providing
$41,000,000 to reimburse state and local law enforcement for ex-
traordinary costs associated with the protection of the President in
jurisdictions where the President maintains a residence.
Alternatives to Detention Case Management.—The bill includes
funding for a new grant program to provide case management serv-
ices through nonprofit organizations and local communities for in-
dividuals released from immigration custody. The Committee di-
rects FEMA to develop a program that will be administered
through a National Board. Such board shall be chaired by and com-
posed of non-profit organizations, similar in structure to the Emer-
gency Food and Shelter Grant Program, and the funds shall be de-
livered through state and local boards and services provided by
non-profit organizations and local government entities that nor-
mally provide services to such individuals. Not later than 30 days
after the date of enactment of this Act, FEMA shall brief the Com-
mittees on its plan to develop and administer the program.
Assistance to Firefighter Grants.—Recognizing the economic and
operational hardships caused by the current pandemic an adminis-
trative provision is included the bill to require FEMA to waive the
matching and maintenance of expenditure provisions for the Assist-
ance to Firefighter Grants program.
Continuing Training Grants.—The total under this heading in-
cludes $8,000,000 for Continuing Training Grants to support com-
SSpencer on DSKJLSW7X2PROD with REPORTS
petitively awarded training programs to address specific national
preparedness gaps such as cybersecurity, economic recovery, hous-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00065 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
66
ing, and rural and tribal preparedness. Of this amount, not less
than $3,000,000 shall be prioritized to be competitively awarded for
FEMA-certified rural and tribal training.
Emergency Food and Shelter Grant Program (EFSGP).—The bill
includes an increase of $25,000,000 for EFSGP. The Committee di-
rects FEMA, in conjunction with the Emergency Food and Shelter
National Board, to provide a briefing not later than 60 days after
the date of enactment of this Act on the current methodology used
to determine funding allocations to local food and shelter boards,
as well as its methodology for distributing supplemental funding
appropriated in the Coronavirus Aid, Relief, and Economic Security
Act (Public Law 116–136). The briefing should also include an as-
sessment of whether other data sources related to hunger and
homelessness, such as U.S. Department of Agriculture data on the
prevalence of food insecurity or the U.S. Department of Housing
and Urban Development point-in-time homelessness count, could
be incorporated into the annual grant methodology to more effec-
tively address the goals of the program.
The Committee recognizes that lack of access to menstrual hy-
giene products for homeless individuals can be devastating and ex-
acerbate already existing health care and hygiene concerns and in-
justice. The Committee reminds FEMA that under the Emergency
Food and Shelter Grant program funds may be used to provide
menstrual hygiene products.
Flood Hazard Mapping and Risk Analysis.—Under the National
Flood Insurance Reform Act of 1994, FEMA is required to assess
the need to update all floodplains and flood risk zones once every
five years. To comply with this requirement, FEMA set a national
goal for floodplain mapping of having New, Valid, or Updated Engi-
neering (NVUE) for 80 percent of flood maps, defined as a ratio of
all floodplain miles studied divided by the number of miles in
FEMA’s mapped inventory. FEMA has indicated to the Committee
that it will reach the 80 percent target during fiscal year 2020 and
that the reduced request of $100,000,000 for the Flood Hazard
Mapping and Risk Analysis program in fiscal year 2021 is suffi-
cient as the program enters its maintenance phase. The Committee
shares the concerns of many stakeholder groups, however, that the
scope of the current program, which represents maps of approxi-
mately 1/3 of stream miles in the country, is insufficient. Not later
than 90 days after the date of enactment of this Act, FEMA is di-
rected to brief the Committee on an analysis of whether additional
stream miles should be incorporated into the program to ensure
that accurate flood maps are available in more inhabited areas at
risk of flooding. Correspondingly, the Committee recommends level
funding of $263,000,000 for Flood Hazard Mapping and Risk Anal-
ysis; this is in addition to $190,506,000 for Floodplain Management
and Mapping made available through the National Flood Insurance
Program.
Presidential Residence Protection Assistance.—The Committee
recognizes that increased protest activity occurring near the Presi-
dent’s residences outside of Washington, D.C. causes a strain on
local police, requiring departments to incur overtime to keep the
SSpencer on DSKJLSW7X2PROD with REPORTS
public safe. The Committee reminds FEMA to consider these over-
time costs to be applicable when distributing funds under the Pres-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00066 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
67
idential Residence Protection Assistance Grant program, which is
intended to provide reimbursement of extraordinary law enforce-
ment for protection of the President.
Procurement of Military Grade Equipment.—The Committee is
aware of concerns that preparedness grant programs, including the
Urban Area Security Initiative (UASI) and the State Homeland Se-
curity Grant Program (SHSGP), allow law enforcement agencies to
acquire military or military grade equipment that could be used in
ways that are incompatible with the purposes of those programs.
Within 60 days of the date of enactment of this Act, FEMA is di-
rected to brief the Committee on the use of UASI and SHSGP to
purchase military or military grade equipment, including vehicles
and surveillance technology. The briefing should address FEMA’s
processes for ensuring that the procurement of such equipment is
compatible with program purposes and include an accounting of the
use of grant funds to procure such equipment over the last five fis-
cal years.
School Safety.—School hardening measures are eligible activities
under the Urban Areas Security Initiative and State Homeland Se-
curity Grants. Funds may be used for bullet resistant doors and
glass, hinge-locking mechanisms, immediate notification to emer-
gency 911 systems, mechanisms that provide real time actionable
intelligence directly to law enforcement and first responders, instal-
lation of distraction devices or other countermeasures administered
by law enforcement, and other measures determined to provide sig-
nificant improvement to schools physical security. The Committee
encourages FEMA to work with states and school districts to in-
crease awareness of these funding opportunities.
Staffing for Adequate Fire and Emergency Response.—Recog-
nizing the economic and operational hardships caused by the cur-
rent pandemic an administrative provision is included the bill to
require FEMA to waive the matching and maintenance of expendi-
ture provisions for the Staffing for Adequate Fire and Emergency
Response (SAFER) program.
Tribal Homeland Security Grant Program.—Within the total for
the State Homeland Security Grant Program, the recommendation
includes $15,000,000 for the Tribal Homeland Security Grant Pro-
gram (THSGP), to help tribes continue to develop their homeland
security and emergency management capacity. The Committee
notes that the development and production of identification docu-
ments compliant with Western Hemisphere Travel Initiative stand-
ards are eligible uses of THSGP funds.
Urban Area Security Initiative (UASI).—The Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 requires the
FEMA Administrator to conduct an annual assessment of the rel-
ative threat, vulnerabilities, and consequences from acts of ter-
rorism faced by each of the 100 most populous metropolitan statis-
tical areas (MSA) in the United States Based on this assessment,
the Administrator designates high-risk urban areas that are eligi-
ble for UASI grants. While the factors included in this assessment
are defined in statute, the specific criteria that inform these factors
and the methodology used to carry out the assessment are at the
SSpencer on DSKJLSW7X2PROD with REPORTS
discretion of the Secretary and the Administrator, who review them
on an annual basis. Within 60 days of the date of enactment of this
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00067 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
68
Act, the Committee directs FEMA to provide an update on its risk
assessment methodology and results.
The Committee expects the Secretary to prioritize UASI funding
towards urban areas that are subject to the greatest terrorism risk,
and to allocate resources in proportion to that risk. Consistent with
prior years, the Department shall limit UASI funding to urban
areas representing up to 85 percent of the national urban area risk.
DISASTER RELIEF FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020 ....................................................... $17,863,259,000
Budget request, fiscal year 2021 ..................................................... 5,653,366,000
Recommended in the bill ................................................................. 5,653,366,000
Bill compared with:
Appropriation, fiscal year 2020 ................................................ ¥12,209,893,000
Budget request, fiscal year 2021 .............................................. –––
Note: Totals include funding designated by the Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.
The bill authorizes FEMA to transfer up to $200,000,000 to the
Disaster Assistance Direct Loan Program Account for the cost of
Community Disaster Loans as authorized under section 417 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5184).
Bilingual and Multi-Lingual Staff.—The Committee encourages
FEMA to continue hiring bilingual and multi-lingual staff to meet
the language needs of disaster survivors.
Breastfeeding.—The Committee recognizes that breastfeeding
confers meaningful clinical benefits for babies and mothers while
reducing healthcare costs and urges FEMA to continue to ensure
that breastfeeding mothers impacted by disasters continue to have
appropriate breastfeeding services and supplies through its Critical
Needs Assistance and other programs. The Committee understands
that FEMA is currently updating its guidance on shelters to clarify
the eligibility of breastfeeding equipment and encourages FEMA to
take additional steps as appropriate to clarify that the cost of
breastfeeding equipment is eligible for reimbursement.
Disaster Communications.—Because electric infrastructure is
often damaged during natural disasters, many individuals are un-
able to communicate with emergency response providers, other sup-
port service providers, and family members because they are un-
able to recharge mobile phones.
The Committee therefore encourages FEMA to examine cost ef-
fective ways to provide mobile phone charging capabilities to dis-
aster survivors as it addresses other vital needs, such as water,
blankets and food.
Disaster Recovery Reform Act Implementation (DRRA).—The
Committee recognizes the efforts FEMA has made to implement
the DRRA (division D of Public Law 115–254) and the positive im-
pact that has made for states, communities and disaster survivors.
However, several provisions have still not been implemented that
were required to be immediately effective or that have overdue
statutory deadlines. These include section 1206 which authorizes
FEMA to provide assistance to state and local governments for
SSpencer on DSKJLSW7X2PROD with REPORTS
building code implementation and enforcement; section 1211, which
modifies the provisions for state administration of housing pro-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00068 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
69
grams; and the rule making under section 1235 which would define
‘‘resilient’’ and ‘‘resiliency.’’ The Committee directs FEMA to imple-
ment those sections of the DRRA that have not been implemented
as expeditiously as possible, especially those that were immediately
effect or those with overdue statutory deadlines. In implementing
section 1206, the Committee encourages FEMA to broadly use its
authority to effectuate the purposes of that section and the DRRA
as a whole.
Electric Grid Resiliency.—Within 120 days of the date of enact-
ment of this Act, FEMA shall brief the Committee on the costs and
benefits of using alternative methods to repair, rebuild, and fortify
disaster damaged electric grids. The briefing shall include a cost/
benefit analysis of various alternatives such as traditional wood
poles, composite utility poles, and underground cables, and take
into account such considerations as geography, availability of mate-
rials, ease of storage, delivery and installation logistics of replace-
ment materials, annual maintenance, and the effects of climate
change. The briefing shall also include the potential impact or lack
of equipment maintenance and minimal to no vegetation manage-
ment over the life of the project.
Fixed Cost Estimates.—In light of the current additional burdens
caused by the pandemic, the Committee encourages FEMA to ex-
tend the deadline for the U.S. Virgin Islands to finalize fixed-cost
estimates for projects from Hurricanes Irma and Maria using the
Public Assistance Alternative Procedures pursuant to section 428 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act by at least six months.
Jones Act.—Within 180 days of the date of enactment of this Act,
FEMA shall brief the Committee on the impact of the Jones Act
and its waiver on disaster relief for non-contiguous U.S. state, ter-
ritories and possessions, including an assessment of the impact on
recovery from the 2017 Puerto Rico disasters and other actual and
potential disasters affecting non-contiguous territories and states
such as Hawai’i and Alaska
Public Assistance Project Worksheet Development and Duplicative
and Conflicting Administrative Requirements.—In House Report
116–180, FEMA was directed to brief the Committee on the process
for Project Worksheet Development and Duplicative and Con-
flicting Administrative Requirements. While recognizing current
operational constraints, the Committee expects FEMA to provide
those briefings in an expeditious manner as conditions permit.
When providing the briefing on Public Assistance Project Work-
sheet Development, the Committee expects FEMA to discuss tech-
nology it is using, how the Grants Program Directorate is providing
assistance, and how FEMA is making improvements on project
worksheet development, processing and reimbursement timelines.
When providing the briefing on Duplicative and Conflicting Admin-
istrative Requirements, the Committee expects FEMA to include
other agencies that provide disaster assistance as appropriate.
Recovery From 2017 Hurricanes.—The Committee continues to be
concerned about the overall pace of recovery from the 2017 Hurri-
canes in Puerto Rico and the U.S. Virgin Islands (USVI), particu-
SSpencer on DSKJLSW7X2PROD with REPORTS
larly following the recent earthquakes and during the current pan-
demic. Moving forward, FEMA should make full use of the addi-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00069 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
70
tional authorities provided in the Bipartisan Balanced Budget Act
of 2018 (Public Law 115–123), the Disaster Recovery Reform Act of
2018 (division D of Public Law 115–254), and the Additional Sup-
plemental Appropriations for Disaster Relief Act, 2019 (Public Law
116–20).
The Committee appreciates the interagency briefings that have
been provided on these recovery efforts and expects those to con-
tinue. In addition to updates on the impacts of the recent earth-
quakes and the current pandemic, the briefings should report on
progress in making reimbursements under the Sheltering and Tem-
porary Essential Power (STEP) program in USVI and for electrical
power restoration in Puerto Rico. The Committee understands that
some contractors and subcontractors are still waiting for reim-
bursements more than two years after completing associated USVI
STEP and Puerto Rico electrical power restoration work. While a
number of factors have likely contributed to this delay, a primary
factor hindering these payments has been the turnover of key
FEMA officials and FEMA’s use of manual drawdowns. Another
factor is the delay in determining reasonable costs across the
board. Failure to provide timely approval of costs and payments not
only puts hardship on service providers, but likely makes those en-
tities less able, or willing, to help respond after future disasters.
STEM Education After Disasters.—The Committee encourages
FEMA to continue working with SLTT governments and eligible
private, nonprofit educational institutions to ensure that disaster
recovery planning includes the establishment of temporary facili-
ties to provide continuity in STEM education, as appropriate.
NATIONAL FLOOD INSURANCE FUND
Appropriation, fiscal year 2020 ......................................................... $206,782,000
Budget request, fiscal year 2021 ....................................................... 204,412,000
Recommended in the bill ................................................................... 204,412,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. ¥2,370,000
Budget request, fiscal year 2021 ................................................ –––
National Rating Organization (NRO).—Funding appropriated in
the bill from the National Flood Insurance Fund reflects a change
to FEMA’s method of reimbursing the NRO as part of the Commu-
nity Rating System. Beginning in fiscal year 2021, FEMA will re-
imburse the NRO directly rather than making reimbursements
through companies participating in the Write Your Own program.
TITLE III—ADMINISTRATIVE PROVISIONS—THIS ACT
Section 301. The Committee continues a provision limiting ex-
penses for the administration of grants.
Section 302. The Committee continues a provision specifying
timeframes for grant applications and awards.
Section 303. The Committee continues a provision requiring a
five-day advance notification for certain grant awards under ‘‘Fed-
eral Emergency Management Agency—Federal Assistance.’’
Section 304. The Committee continues a provision addressing the
SSpencer on DSKJLSW7X2PROD with REPORTS
availability of certain grant funds for the installation of commu-
nications towers.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00070 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
71
Section 305. The Committee continues a provision requiring the
submission of a monthly Disaster Relief Fund report.
Section 306. The Committee continues and modifies a provision
requiring the FEMA to grant waivers from specified requirements
of section 34 of the Federal Fire Prevention and Control Act of
1974.
Section 307. The Committee continues a provision providing for
the receipt and expenditure of fees collected for the Radiological
Emergency Preparedness Program, as authorized by Public Law
105–276.
Section 308. The Committee includes a provision allowing the
merger of funds provided in different parts of the Robert T Stafford
Act after the Administrator of FEMA notifies the Committees of
how it intends on using the merged funds.
Section 309. The Committee includes a provision requiring the
FEMA Administrator to waive certain requirements pertaining to
Assistance to Firefighter Grants.
Section 310. The Committee includes a provision making CISA
Operations and Support funding available for a cybersecurity com-
petition established by Executive Order No. 13870.
Section 311. The Committee includes a provision allowing for re-
consideration of certain state requests for Individual Assistance
under the Stafford Act.
Section 312. The Committee includes a provision authorizing
FEMA to provide Community Disaster Loans to U.S. territories
where major disasters were declared in 2018 and permits FEMA to
waive certain provisions of the Community Disaster Loan program
for such loans.
Section 313. The Committee includes a provision to cancel the re-
maining balances of certain loans issued by FEMA.
Section 314. The Committee includes a provision to establish a
Cybersecurity Advisory Committee within CISA.
TITLE IV—RESEARCH, DEVELOPMENT, TRAINING, AND
SERVICES
U.S. CITIZENSHIP AND IMMIGRATION SERVICES
Appropriation, fiscal year 2020 ......................................................... $132,395,000
Budget request, fiscal year 2021 ....................................................... 118,676,000
Recommended in the bill ................................................................... 183,949,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +51,554,000
Budget request, fiscal year 2021 ................................................ +65,273,000
Mission
U.S. Citizenship and Immigration Services (USCIS) adjudicates
and grants immigration and citizenship benefits, confirms eligi-
bility for employment and public services, and promotes an aware-
ness and understanding of citizenship in support of immigrant inte-
gration. USCIS activities are primarily funded through fees col-
lected from applicants for immigration benefits.
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00071 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
72
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020 ......................................................... $122,395,000
Budget request, fiscal year 2021 ....................................................... 118,676,000
Recommended in the bill ................................................................... 163,949,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +41,554,000
Budget request, fiscal year 2021 ................................................ +45,273,000
The recommendation includes an increase of $8,807,000 above
the request to fund the Office of Citizenship; an increase of
$36,972,000 above the request to fund the Systematic Alien
Verification for Entitlements (SAVE) program; and a reduction to
the request of $506,000 for proposed increases in Awards Spending
for the E-Verify program.
Compliance with Transparency and Oversight Requirements.—
The Committee is disappointed and concerned with the deteriora-
tion of U.S. Citizenship and Immigration Services’ (USCIS) trans-
parency and compliance with oversight requirements related to its
policies and operations. Examples include a failure to adhere to
briefing and reporting deadlines; significantly delayed responses to
congressional inquiries; and the failure of many responses to an-
swer questions and provide requested information.
The recommendation therefore includes a new provision that
withholds funding for the USCIS Office of the Director until USCIS
fully complies with the briefing and reporting requirements in the
explanatory statement accompanying the Department of Homeland
Security Appropriations Act, 2020, and in this report.
The Committee is also concerned about the lack of transparency
in USCIS budget justification materials for it mandatory funding
accounts; biennial fee studies; and supplemental documentation
submitted in support of the rule, ‘‘U.S. Citizenship and Immigra-
tion Services Fee Schedule and Changes to Certain Other Immigra-
tion Benefit Request Requirements,’’ published in the Federal Reg-
ister on November 14, 2019. The Committee notes that USCIS fee
rates are intended to ensure full cost recovery for the operations
they fund; without detailed financial data, Congress is unable to
provide adequate oversight of any budget or fee rate setting pro-
posals. For future budget justifications, fee studies, and fee rules,
USCIS is directed to provide a more detailed justification and ac-
counting level to ensure transparency and executability and to en-
courage accountability. For the budget justification materials, such
details shall include justifications for each adjustment to base and
program change from the prior year for each PPA and shall provide
such information at the office-level for the Administration PPA.
Domestic and Sexual Violence Training.—Not later than 120
days after the date of enactment of this Act, USCIS is directed to
require that each individual performing asylum officer duties or re-
viewing the decisions of such personnel, receive annual training on
the dynamics of domestic and sexual violence and how such dynam-
ics impact asylum seekers and their applications. The training
must be conducted by individuals with documented expertise in
this subject area. Not later than 90 days after the date of enact-
SSpencer on DSKJLSW7X2PROD with REPORTS
ment of this Act, USCIS shall brief the Committee on the status
of meeting this requirement.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00072 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
73
E-Verify.—The Committee is concerned about the E-Verify pro-
gram’s performance. While the database errors have improved as
the system’s functionality has evolved, the program’s accuracy is
still insufficient, resulting in individuals falsely being identified as
ineligible to work, especially those with temporary protected status.
When an individual is falsely identified as ineligible to work and
has received a final non-confirmation from the system, there is no
formal process for review of this determination. Not later than 90
days after the date of enactment of this Act, USCIS is directed to
brief the Committee on a proposed review process for E-Verify final
non-confirmations.
Fee Waivers.—USCIS is directed to continue the use of full fee
waivers for applicants who can demonstrate an inability to pay im-
migration and naturalization benefit application fees, and to pro-
vide partial fee waivers for applicants who can demonstrate earn-
ings or income between 150 percent and 200 percent of the federal
poverty guidelines and are otherwise ineligible for full fee waivers.
The Committee directs USCIS to accept any one of the following
items as proof of inability to pay an immigration or naturalization
benefit application fee:
(1) documentation of receipt of a means-tested public ben-
efit;
(2) documentation of income that is at or below 200 percent
of the Federal Poverty Guidelines at the time of filing; or
(3) documentation of financial hardship based on extraor-
dinary expenses or other circumstances.
Further, USCIS is directed to maintain naturalization fees at an
affordable level; reduce the backlog of applicants; and reduce the
costs of obtaining replacement certificates of naturalization and
certificates of citizenship, including by cooperating with the De-
partment of State on the screening of derivative citizens.
H–2A and H–2B Visa Program Processes.—The Committee re-
minds USCIS of the report on H–2A and H–2B Visa program proc-
esses required by the Explanatory Statement accompanying Public
Law 116–93.
H–2B Visa Program Oversight.—Not later than 120 days after
the date of enactment of this Act, the Department shall report to
the Committee on the administrative remedies that the Depart-
ment of Labor has issued in each of the last three fiscal years
against entities or persons who violate H–2B requirements. The re-
port should contain, but not be limited to:
(1) a list of entities or persons cited, by industry and viola-
tion;
(2) the number of H–2B workers impacted and the nature of
those impacts;
(3) the effects on the domestic workforce;
(4) the number of entities or persons debarred from the H–
2B program due to violations;
(5) a description of the criteria and methodology for debar-
ment decisions; and
(6) a justification for why repeat offenders, if any, are al-
lowed to continue to participate in the program.
SSpencer on DSKJLSW7X2PROD with REPORTS
H–2B Visa Program Reporting.—Within 120 days of the date of
enactment of this Act, the Department shall report to the Com-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00073 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
74
mittee on the distribution of visas granted through the H–2B pro-
gram. The report should contain, but not be limited to, a tabulation
of the percent of overall visas issued to the top 15 employers.
Humanitarian Petitions.—The Committee directs USCIS to re-
frain from imposing fees upon any individual filing a humanitarian
petition, including but not limited to a request for asylum; refugee
admission; protection under the Violence Against Women Act
(VAWA); Special Immigrant Juvenile status; a T or U visa; or a
Special Immigrant Visa for Iraqi and Afghan nationals. USCIS
shall also refrain from imposing fees on any individual who re-
ceives humanitarian protection and subsequently requests adjust-
ment of status or petitions for another benefit. USCIS is also di-
rected to adjudicate U Visa certification requests within 90 days of
submission, and to provide a report not later than 180 days after
the date of enactment of this Act that identifies, on a quarterly
basis, the average response time for adjudicating U Visa applica-
tions for each of the past five fiscal years and describes concrete
steps that are being taken to speed the process.
For each individual filing a humanitarian petition for U Visa sta-
tus who has provided a completed Form I–918, Supplement B (U
Nonimmigrant Status Certification) certified by a sponsoring law
enforcement agency, the Committee directs USCIS to make a re-
buttable presumption that the individual has met the helpfulness
requirement if there is no evidence showing otherwise. USCIS shall
report, on a publicly accessible website, state-by-state data on de-
nial and approval ratios for such petitions, redacted as necessary
to protect the safety or privacy of the individual.
The Committee also urges USCIS to increase the number of per-
sonnel dedicated to reviewing and adjudicating VAWA Self-Petition
applications, T-visa applications, and U-visa applications, and to
issue employment authorization to individuals who have filed
VAWA Self-Petition applications or applications for nonimmigrant
status under section 101(a)(15)(T) or 101(a)(5)(U) of the Immigra-
tion and Nationality Act not later than the approval date or 180
days after the application filing, whichever is earlier.
International Operations Division.—The Committee remains con-
cerned by USCIS’s lack of planning and transparency as it closed
and plans to continue closing several of its international offices.
While USCIS provided a high-level summary of anticipated cost-
savings in its response to the consulting and briefing directives on
this topic in House Report 116–180, it did not fully address the re-
quirement to provide a full accounting or provide descriptions re-
lated to changes in service delivery. Information related to how
personnel have been impacted was also lacking, as was any evi-
dence that each of the relevant stakeholders was consulted prior to
decisions being made to close any international office. The Com-
mittee directs USCIS to resubmit this briefing to more fully meet
the spirit and intent of the original requirement.
Military Naturalization Applications.—USCIS is directed to en-
sure that military naturalization applications are processed within
six months, as required by the Military Personnel Citizenship Proc-
essing Act of 2008 (Public Law 110–382), and to establish a mili-
SSpencer on DSKJLSW7X2PROD with REPORTS
tary naturalization promotion program, in conjunction with the De-
partment of Defense, to ensure all military service members and
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00074 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
75
their families learn about and consider their eligibility to apply for
naturalization before the military service member’s separation from
the military. Not later than 90 days after the date of enactment of
this Act, USCIS shall brief the Committee on the status of meeting
this requirement.
Office of Citizenship.—The Committee provides $8,807,000 in dis-
cretionary funding for the Office of Citizenship in lieu of relying on
fee funding. Not later than 90 days after the date of enactment of
this Act, USCIS shall provide a briefing to the Committee detailing
the Office of Citizenship’s accomplishments during fiscal year 2020
and its planned accomplishments for fiscal year 2021.
Further, in response to the briefing required by House Report
116–180 regarding the promotion of U.S. citizenship to legal per-
manent residents (LPRs) at ports of entry, CBP and USCIS identi-
fied steps that each will take to educate LPRs about their potential
eligibility and the naturalization process. The Committee encour-
ages CBP and USCIS to continue exploring the most effective
methods to be used to ensure that LPRs arriving at ports of entry
are aware of the benefits of citizenship and the process of becoming
a U.S. citizen, to include self-service kiosks, signage, videos, and
verbal scripts.
Processing Times.—USCIS is directed to prioritize the timely
processing of citizenship and other applications, with a goal of ad-
judicating all requests within six months of submission. Further, if
USCIS publishes a Notice of Proposed Rulemaking or Final Rule
that proposes or adopts any amendment to 8 C.F.R. § 103.7(c)(3–
5) that would impact fee levels, USCIS shall include the following
information in its associated publications in the Federal Register:
(1) a detailed description of steps the agency will take to re-
duce all average processing times to fewer than six months
within one year of publication; and
(2) an analysis of the amount of discretionary funding need-
ed, if any, to enable USCIS to limit fees to rates that do not
exceed appropriate inflation rates.
USCIS is further directed to provide a report to the Committee,
not later than 90 days after the date of enactment of this Act, on
the number of application forms processed by month for fiscal years
2016 to 2020 for the following:
(1) form I–130 (Petition for Alien Relative);
(2) form I–360 (Petition for Amerasian, Widow(er), or Spe-
cial Immigrant);
(3) form I–485 (Application to Register Permanent Residence
or Adjust Status);
(4) form I–751 (Petition to Remove Conditions on Residence);
(5) form N–400 (Application for Naturalization); and
(6) forms for initial and renewed employment authorization.
The report shall also include the following data, as applicable:
(1) the immigration status of the petitioner (U.S. citizen or
legal permanent resident (LPR));
(2) the nationality of the applicant;
(3) the date the application was initially filed;
(4) the processing time; and
SSpencer on DSKJLSW7X2PROD with REPORTS
(5) the field office or service center responsible for processing
the application.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00075 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
76
The report shall also describe the reasons for any changes in proc-
essing rates or trends; any policy changes related to processing;
and what steps USCIS is taking to address any delays.
Protections for Foreign Workers.—The Committee reminds USCIS
of the briefing requirement on protections for foreign workers re-
quired by House Report 116–180 and looks forward to receiving it
as soon as possible.
Public Charge Rule.—The Committee continues to be concerned
about the potential impacts of the Department’s proposed rule enti-
tled, ‘‘Inadmissibility on Public Charge Grounds’’ that was entered
in the Federal Register on October 10, 2018 (83 Fed. Reg. 51114),
and strongly urges the Department to rescind this proposal.
Refugee Security Vetting.—The Committee is concerned that en-
hanced security-vetting requirements may be overburdening the
agencies responsible for the U.S. Refugee Admissions Program
(USRAP), potentially exacerbating historic lows in refugee admis-
sions. Accordingly, USCIS is directed to collaborate with the De-
partment of State and the Federal Bureau of Investigation to pro-
vide a report, not later than 90 days after the date of enactment
of this Act, that identifies for the past five fiscal years the yearly
number of refugees in the USRAP pipeline who are: awaiting an
interview with USCIS; pending security clearance after a USCIS
interview; cleared for admission into the United States; and await-
ing departure. This report shall also specify the average processing
times, disaggregated by the applicant’s nationality, for completing
each step listed above. Finally, this report shall establish the num-
ber of DHS personnel assigned to security screening of refugees for
the each of the five reported years and the estimated number of
personnel for the budget year.
Review of Fraud Operations.—The Committee is concerned with
reports of inefficiencies in fraud and other vetting operations, par-
ticularly given the growth in staffing and expenditures in recent
years in those operations. Among these are reports that the num-
ber of hours required to complete investigations is being artificially
increased to justify increasing staffing and resources and with no
concomitant increase in actual measures of productivity. If true, it
is particularly alarming at a time when the agency is facing a sig-
nificant shortfall in its operational funding and plans to soon im-
pose significant increases in the fees paid by applicants for immi-
gration benefits. The Committee directs GAO to review USCIS
fraud and vetting operations, including a focus on: changes to fraud
and vetting operations and resource requirements over the past 5
years; changes to metrics that assess fraud and vetting operations
over the past 5 years; the evaluation and self-reporting processes
for tracking the work hours and productivity of personnel; work-
load volume; the effectiveness of current fraud and other vetting
strategies and operations; and the use of technology to improve
operational efficiency. GAO shall provide the Committee an update
on its progress and its preliminary findings not later than 180 days
after the date of enactment of this Act.
Spouse Petitions.—With respect to fiancé(e) or spouse petitions
SSpencer on DSKJLSW7X2PROD with REPORTS
involving a minor party, the Committee directs USCIS to document
the age of the minor party at the time of the civil/legal marriage,
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00076 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
77
along with the age difference between the parties, with ages given
in months as well as years.
Systematic Alien Verification for Entitlements (SAVE) Program.—
The Committee provides $36,972,000 in discretionary funding for
the SAVE program in lieu of relying solely on fee funding. Not
later than 120 days after the date of enactment of this Act, USCIS
shall provide a report to the Committees that includes calculations
of the percentage of all SAVE inquiries from user agencies made
pursuant to mandates in federal law and the percentage related to
benefits for which federal law does not require immigration status
verification. The report shall provide this information for the last
three fiscal years. In addition, the report shall include estimates of
the per-inquiry and total amount of SAVE operational costs not re-
couped in user fees for each fiscal year.
Unused Visas.—The Committee is concerned that the Depart-
ments of Homeland Security and State have neglected their duty
under the Immigration and Nationality Act to take affirmative
steps to fully allocate all available immigrant visa numbers to pro-
spective family- and employment-based immigrants. This inaction
is especially concerning given the unprecedented demand for such
visa numbers and the availability of ready and willing applicants
currently within the United States, including many currently em-
ployed in occupations deemed essential by the Department of
Homeland Security. Not later than 30 days after the date of enact-
ment of this Act, the Committee directs USCIS, in consultation
with the Department of State, to brief the Committee on a plan to
fully allocate family- and employment-based visas in fiscal year
2021, and a contingency plan to allocate prior year unused visas in
the event that such action is required (see, e.g., Silva v. Bell, 605
F.2d 978 (7th Cir. 1979)).
USCIS Resource Optimization Strategy.—Not later than 60 days
after the date of submission of the fiscal year 2022 budget request,
USCIS shall brief the Committee on Appropriations and the House
Judiciary Committee on an agency-wide workload staffing alloca-
tion model for eliminating all workload backlogs within three years
and ensure that applications and petitions are processed in a time-
ly manner within a sustainable resource profile. The model should
reflect the impact of business transformation initiatives such as im-
proved use of information technology; business process re-
engineering; the streamlining of data required on forms from appli-
cants/petitioners; and the review of policy changes and vetting pro-
cedures for necessity and efficiency. The model shall not assume
that work will be performed by employees detailed from other
agencies to perform core USCIS mission duties and shall include
cost saving measures to help lower fee rates. The briefing shall
identify current resource gaps; implementation challenges; and any
key policy or legislative proposals that would help accelerate these
objectives.
Voter Registration of New U.S. Citizens.—The Committee urges
USCIS to facilitate the voter registration of new U.S. citizens upon
their successful completion of oath ceremonies, including through
SSpencer on DSKJLSW7X2PROD with REPORTS
Memoranda of Understanding and other agreements with state and
local agencies responsible for election administration that permit
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00077 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
78
USCIS to electronically transfer voter registration information of
new citizens.
Website Data.—The Committee reminds USCIS of the briefing re-
quirement in House Report 116–180 on the feasibility of posting
data on DHS-administered visa categories, including the J–1 and
OPT categories administered by ICE through the Student and Ex-
change Visitor Information System, on its website and looks for-
ward to receiving this briefing as soon as possible.
FEDERAL ASSISTANCE
Appropriation, fiscal year 2020 ......................................................... $10,000,000
Budget request, fiscal year 2021 ....................................................... –––
Recommended in the bill ................................................................... 20,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +10,000,000
Budget request, fiscal year 2021 ................................................ +20,000,000
The recommendation includes $20,000,000 above the request to
support the Citizenship and Integration Grant Program to ensure
the availability of sufficient funding for worthy project proposals
and to support projects that will test or bring to scale innovative
methods of English and civics education and citizenship prepara-
tion that help set new Americans up for economic and social suc-
cess in the United States.
Donation Acceptance Authority.—USCIS continues to have the
authority to accept private donations to support the Citizenship
and Integration Grant Program. The Committee directs USCIS to
provide an update on its planned use of this authority not later
than 30 days after the date of enactment of this Act, to include ef-
forts undertaken to increase public awareness of this authority.
Grant Guidelines and Requirements.—The Committee is con-
cerned that the guidelines set forth in USCIS’s Notice of Funding
Opportunity (NOFO) for fiscal year 2019 imposed unnecessary and
overly restrictive conditions on prospective grant recipient organi-
zations. USCIS is directed to provide more flexible consideration to
proposals that:
(1) provide portions of the English and civics instruction and
naturalization assistance in native languages in addition to
English;
(2) propose the use of personnel with non-traditional quali-
fications for teaching English as a second language; and
(3) are focused on helping individuals prepare and file N–400
applications submitted without an attached G–28 filed by a
representative of the grant recipient organization.
USCIS is also directed to return to the E-Verify requirements and
factors specified in the NOFO for fiscal year 2018, and to provide
at least two months for the submission of grant proposals after
publication of the NOFO.
FEDERAL LAW ENFORCEMENT TRAINING CENTERS
Appropriation, fiscal year 2020 ......................................................... $351,170,000
Budget request, fiscal year 2021 ....................................................... 331,479,000
Recommended in the bill ................................................................... 343,945,000
Bill compared with:
SSpencer on DSKJLSW7X2PROD with REPORTS
Appropriation, fiscal year 2020 .................................................. ¥7,225,000
Budget request, fiscal year 2021 ................................................ +12,466,000
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00078 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
79
Mission
The Federal Law Enforcement Training Centers (FLETC) pro-
vide or facilitate basic and advanced law enforcement training for
over 90 federal agencies and numerous state, local, tribal, and
international law enforcement organizations.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020 ......................................................... $292,997,000
Budget request, fiscal year 2021 ....................................................... 305,479,000
Recommended in the bill ................................................................... 317,945,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +24,948,000
Budget request, fiscal year 2021 ................................................ +12,466,000
The recommendation includes $9,256,000 above the request to
maintain current services and $4,700,000 above the request for the
expansion of the Use of Force Instructor Training Program. A re-
duction of $1,490,000 to the request is associated with a proposed
increase in Awards Spending.
Community College Partnerships.—The Committee encourages
FLETC to partner with community colleges to develop pre-academy
and other law enforcement training programs, including along the
southwest border where it is particularly important to improve the
Department’s hiring pipeline for law enforcement positions.
Interagency Training Centers.—The Committee is aware of ef-
forts by the Department and the National Guard to establish inter-
agency domestic operation training centers, and notes the success
of the Muscatatuck Urban Training Facility in supporting a wide
range of training requirements for Active Duty service members,
the National Guard, other federal agencies, and domestic law en-
forcement. The Committee encourages the Department to continue
working with the National Guard, as well as state and local lead-
ers, to identify opportunities for expanding domestic training on
federal or state property, particularly in regions that lack facilities
for training related to active shooters, dense urban terrain, and
cyber and electromagnetic response.
International Partnerships.—The Committee supports inter-
national law enforcement capacity building programs to develop
new partnerships with other countries that build shared values
around the rule of law and good governance. The Committee en-
courages FLETC to expand its capacity to enroll and provide train-
ing for law enforcement officers of foreign partners, especially as
part of international capacity building programs. The Committee
directs FLETC to provide an annual report to the Committee, be-
ginning not later than 90 days after the date of enactment of this
Act, on the status of its international programs, including the num-
ber of international students trained, their countries of origin, pro-
grams administered, and plans to expand existing partnerships and
develop new ones.
Training Facilities.—The Director shall schedule basic or ad-
vanced law enforcement training, or both, at all four training facili-
ties to ensure they are operated at the highest capacity throughout
the fiscal year.
SSpencer on DSKJLSW7X2PROD with REPORTS
Use of Force Training.—The Committee is aware that FLETC
proactively convened a working group on Use of Force to improve
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00079 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
80
training for federal law enforcement officers in response to recent
events. The Committee directs FLETC to continue expanding and
improving upon training on racial profiling, implicit bias, proce-
dural justice, the use of force, and the duty for officers to intervene
when witnessing the use of excessive force against civilians in ac-
cordance with the related provisions in H.R. 7120, as passed by the
House of Representatives in June 2020. The Committee also directs
FLETC to expand training opportunities for state and local law en-
forcement in these areas and provides $4,700,000 above the request
for this purpose. Not later than 60 days after the date of enactment
of this Act, FLETC shall brief the Committee on the use of these
funds.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020 ......................................................... $58,173,000
Budget request, fiscal year 2021 ....................................................... 26,000,000
Recommended in the bill ................................................................... 26,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. ¥32,173,000
Budget request, fiscal year 2021 ................................................ –––
SCIENCE AND TECHNOLOGY DIRECTORATE
Appropriation, fiscal year 2020 ......................................................... $737,275,000
Budget request, fiscal year 2021 ....................................................... 643,729,000
Recommended in the bill ................................................................... 755,311,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +18,036,000
Budget request, fiscal year 2021 ................................................ +111,582,000
Mission The mission of the Science and Technology Directorate
(S&T) is to conduct and support research, development, develop-
mental and operational testing and evaluation, and the timely
transition of homeland security capabilities to operational end
users at the federal, state, and local levels.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020 ......................................................... $314,864,000
Budget request, fiscal year 2021 ....................................................... 284,789,000
Recommended in the bill ................................................................... 303,162,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. ¥11,702,000
Budget request, fiscal year 2021 ................................................ +18,373,000
The recommendation rejects the proposed decreases to the Oper-
ations and Support account of $3,824,000 for Test and Evaluation,
$6,276,000 for Administration Support Services and $8,884,000 for
Management Efficiencies and does not fund the proposed increase
for an increase to awards of $122,000.
Laboratory Facilities.—As the Department is called upon to re-
search threats such as COVID–19, it is imperative that our na-
tion’s labs are equipped to respond in a timely and effective man-
ner. The Committee is aware of infrastructure requirements for
several S&T labs and directs S&T to complete an assessment of
unmet requirements to be submitted in conjunction with the Presi-
dent’s fiscal year 2022 budget request. This assessment shall in-
clude a prioritized list of maintenance and repair requirements; an
SSpencer on DSKJLSW7X2PROD with REPORTS
inventory of equipment and systems that require routine replace-
ment or upgrades; an inventory and assessment of facility capacity
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00080 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
81
and additional space requirements; and a prioritized schedule for
the replacement of and/or upgrades to equipment and systems.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020 ......................................................... –––
Budget request, fiscal year 2021 ....................................................... $18,927,000
Recommended in the bill ................................................................... 18,927,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +18,927,000
Budget request, fiscal year 2021 ................................................ –––
The recommendation includes the requested amount to begin ac-
tivities to close the Plum Island Animal Disease Center.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2020 ......................................................... $422,411,000
Budget request, fiscal year 2021 ....................................................... 340,013,000
Recommended in the bill ................................................................... 433,222,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +10,811,000
Budget request, fiscal year 2021 ................................................ +93,209,000
Research, Development, and Innovation
The recommendation includes $93,209,000 above the request for
Research, Development, and Innovation (RD&I), an increase to fis-
cal year 2020 funding. S&T is directed to brief the Committee not
later than 30 days after the date of enactment of this Act on the
proposed allocation of RD&I funds by project and to subsequently
update the Committee on any changes from the planned alloca-
tions. For research initiatives encouraged by the Committee in this
report but for which S&T does not allocate funding, the agency
shall provide an update within 90 days of the date of enactment
of this Act on its assessment of those initiatives and any future
planned investments.
Active Neutron Interrogation for Cargo Screening.—The Com-
mittee is aware of the Department’s efforts to increase the percent-
age of commercial cargo vehicles undergoing non-intrusive inspec-
tion in primary or pre-primary lanes at POEs, which will increase
demand for alarm resolution through direct inspection by CBP per-
sonnel at secondary screening zones. To more effectively detect nar-
cotics and hazardous materials in cluttered cargo loads at POEs
and improve the efficiency of screening operations, the Committee
encourages the Department to continue work on the development
of a multi-purpose, high yield active neutron interrogation system
that does not require the use of radioactive material, including ef-
forts to reduce system size and improve operator safety.
Advanced Sensor Technology.—The Committee encourages S&T
to focus on critical research to develop and field next generation
first responder technologies that utilize advanced sensors and im-
aging.
Aerially Distributed Communication Devices.—S&T is encouraged
to explore the feasibility of using air drop communication tech-
nology for disseminating dynamic and real-time information to dis-
SSpencer on DSKJLSW7X2PROD with REPORTS
aster victims when power, cellular towers and congestion render
modern forms of communication useless.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00081 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
82
Bi-National Cooperation Pilot.—The Committee recommends
$2,000,000, as requested, for the Bi-National Cooperation Pilot,
which focuses on cooperative efforts related to border security, mar-
itime security, biometrics, cybersecurity, and video analytics.
Biosurveillance Systems.—The Committee directs S&T and the
Countering Weapons of Mass Destruction Office (CWMD) to pro-
vide a joint report to the Committee, within 60 days of the date of
enactment of this Act, on the status of developing and testing a
successor bio-threat detection system to Biowatch, along with plans
to complete development and field the new capability. The report
shall also describe planned changes to biodetection operations to
improve upon the legacy program and how CWMD and S&T will
coordinate their respective biodetection roles and activities.
The report should include information on the progress of the
Homeland Security Advanced Research Projects Agency Chemical
and Biological Defense Division in developing novel prototype sen-
sors for real-time detection of aerosolized biological threat agents,
using newer technologies, such as using matrix assisted laser
desorption ionization-time of flight mass spectrometry technology.
Biothreat Characterization.—The Biothreat Characterization Pro-
gram provides technical analyses of biological threats, including
their properties and hazards. The Committee encourages S&T to
fund this program at not less than the fiscal year 2020 level.
Composite Shipping Containers.—The Committee is aware that
Presidential Determination No. 2017-09 identifies secure composite
chipping containers as a critical item shortfall in industrial capac-
ity and supports S&T efforts to develop composite materials that
reduce costs and improve intrusion sensor integration.
Countering Unmanned Aerial Systems (c-UAS) at Airports.—The
Committee is concerned about the threat posed by UAS to air trav-
el in the United States and abroad, and notes that activity at one
of the nation’s largest gateway airports was curtailed in January
2019 because of illegal UAS use. The Committee encourages S&T
to continue and expand its efforts to test c-UAS technologies at air-
ports.
Cyber-Related Project Transitions.—The Committee is concerned
that past funding provided to S&T for cyber-related research and
development projects and activities has not resulted in timely tran-
sition to intended stakeholders. Not later than 90 days after the
date of enactment of this Act, S&T and CISA are directed to brief
the Committee on the status of each cyber-related R&D project and
activity that received funding in fiscal years 2018 through 2020;
the status of a transition to practice plan for each; and details re-
garding any completed projects or activities that were not consid-
ered viable for practice. Such briefing shall include the status of
software assurance projects, such as the Software Assurance Mar-
ketplace.
Datacasting Technology.—The Committee encourages S&T, in
consultation with the National Institute for Standards and Tech-
nology, the Corporation for Public Broadcasting, and the First Re-
sponder Network Authority, to provide pilot funding to local public
SSpencer on DSKJLSW7X2PROD with REPORTS
broadcasters to further demonstrate and evaluate the benefits of
datacasting technology to public safety agencies.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00082 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
83
Enabling UAS.—The Department’s designated test site is pro-
viding critical testing and technology evaluations across multiple
DHS operational entities. The Committee urges the Department to
fund this program at not less than the fiscal year 2020 level.
First Responder Interagency Working Groups.—The Committee
recognizes the effectiveness of interagency working groups, com-
posed of first responders from local, state, and federal agencies, to
meet the ever-changing needs of the nation’s emergency prepared-
ness and response plans. The Committee encourages S&T to con-
tinue and, if appropriate expand, its partnerships in this area, in-
cluding with nonprofits with a history of collaboration with inter-
agency working groups.
Gunshot Detection Technology.—The Committee urges S&T to
evaluate existing gunshot detection systems to determine their
technological capabilities and ability to rapidly locate the source of
shots fired during an incident.
Intelligent Memory Fabric.—The Committee continues to recog-
nize the need for testing and evaluation of next generation infor-
mation technology platforms and urges S&T to explore Intelligent
Memory Fabric as a modular, scalable and distributed technology
that could maintain and support agency resources from data cen-
ters to field levels in all operational environments.
Maritime and Coastal Surveillance.—The Committee encourages
S&T to conduct maritime system and sensor studies for the re-
search, development, testing, and evaluation of wind and solar
powered unmanned maritime vessels with surface and subsurface
capabilities. Such technologies could significantly contribute to
DHS component missions such as counter narcotics; search and
rescue; aids to navigation; marine safety; marine environmental
protection; illegal, unregulated and unreported fishing; enforcement
of laws and treaties; oceanographic research; and defense readi-
ness.
Maritime and Port Resiliency and Security.—The Committee rec-
ognizes the vast data threat facing the U.S. Maritime/Port sector
and the potential consequences for mission critical infrastructure
and operations. The Committee urges S&T to establish a Maritime/
Port Resiliency & Security research program to support the design
and development of tactics, techniques, and procedures for effec-
tively responding to critical maritime infrastructure threats.
Research and Prototyping for IED Defeat Program (RAPID).—The
Committee encourages S&T to enhance support for the RAPID pro-
gram, which is used to train bomb squads and technicians on crit-
ical render safe technologies.
Stand-alone Power Generation Solutions.—The Committee urges
S&T to collaborate with other federal laboratories on research and
development efforts to develop innovative, stand-alone alternative
power generation solutions for CBP Forward Operating Bases and
to consider a demonstration of on-site sustainable energy tech-
nologies that improve energy resilience and security while elimi-
nating fuel supply-chain costs and environmental impacts.
Wildfire Management.—The Committee encourages S&T to apply
predictive analytics to study wildfire ignition, including the appli-
SSpencer on DSKJLSW7X2PROD with REPORTS
cation of advanced artificial intelligence and machine learning, and
to develop new data collection methodologies, such as crowd
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00083 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
84
sourcing, as indicators for pinpointing high-risk ignition locations
in the wildland urban interface.
University Programs
The recommendation includes $46,761,000 for University Pro-
grams, $25,015,000 above the requested level. S&T shall notify the
Committee of any plan or proposal to reduce funding for, diminish
the role of,or eliminate Centers of Excellence (COEs) prior to tak-
ing any action to do so. S&T is encouraged to prioritize collabora-
tions with qualified research universities to support critical re-
search topics in priority areas, including maritime security, cross-
border threat screening, unmanned systems, counterterrorism,
emerging analytics, cybersecurity, first responder safety, disaster-
driven displacement, and critical infrastructure.
Minority Serving Institutions Program (MSIP).—The Committee
underscores the importance of minority serving institutions in sup-
porting homeland security related science, technology, engineering
and mathematics, and includes $5,187,000 for MSIP, $1,761,000
above the requested level.
Voting Technology and Election Procedures.—S&T is encouraged
to explore options for a competitively selected new COE focused on
election system security focused on quality assurance and contin-
uous evaluation of voting technologies and election procedures.
This should include the development of new tools and training
modules to enable states and localities to ensure that their election
systems are secure. The work should be coordinated with the Elec-
tions Assistance Commission and CISA, as well as relevant oper-
ational election security information sharing and analysis organiza-
tions, to ensure its recommendations are both practical and fully
implemented.
COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
Appropriation, fiscal year 2020 ......................................................... $432,299,000
Budget request, fiscal year 2021 ....................................................... 377,160,000
Recommended in the bill ................................................................... 395,262,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. ¥37,037,000
Budget request, fiscal year 2021 ................................................ +18,102,000
Mission
The Countering Weapons of Mass Destruction Office (CWMD)
leads DHS efforts to develop and enhance programs and capabili-
ties that defend against WMD and combat bio-threats and
pandemics.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2020 ......................................................... $179,467,000
Budget request, fiscal year 2021 ....................................................... $172,875,000
Recommended in the bill ................................................................... 179,977,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +510,000
Budget request, fiscal year 2021 ................................................ +7,102,000
SSpencer on DSKJLSW7X2PROD with REPORTS
The recommendation includes increases above the request of
$5,000,000 for the National Biosurveillance Integration Center and
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00084 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
85
$2,600,000 for Technical Forensics. The recommendation does not
include the requested $498,000 for an increase to awards spending.
Chief Medical Officer (CMO).—DHS is directed to comply with
the direction in the Explanatory Statement accompanying Public
Law 116–93 addressing the review of all medical contracts and de-
velopment of requirements for medical services. It is the expecta-
tion of the Committee that the Chief Medical Officer will have a
lead role in the development of any related contract requirements,
requests for information and proposals, and reviews of bids and of-
fers for any DHS component to ensure they include the appropriate
requirements for medical services, including but not limited to pro-
fessional healthcare system administration; disease surveillance,
reporting, and outbreak response; and measurable performance
standards for current and future healthcare record systems. Addi-
tionally, DHS is reminded of the requirement in the Explanatory
Statement accompanying Public Law 116–93 concerning a medical
strategy. The Committee encourages the Secretary to delegate this
effort to the Department’s Chief Medical Officer.
Electronic Health Records.—Public Law 116–93 provided
$30,000,000 for electronic health records within CBP’s Procure-
ment, Construction, and Improvements account to enable the DHS
Chief Medical Officer (CMO), in conjunction with CBP, ICE, and
other operational components, to develop and establish interim and
long-term electronic systems for recording and maintaining infor-
mation related to the health of individuals in the Department’s cus-
tody that would be adaptable to component operational environ-
ments and be interoperable with other departmental systems, as
appropriate, and with the National Emergency Medical Services In-
formation System. Additionally, the explanatory statement in-
cluded the requirement for a plan for the design and development
of such systems to be provided to the Appropriations Committees
within 90 days of the date of enactment of the Act. After a signifi-
cant delay, the Committees finally received a plan on July 9, 2020.
After reviewing the plan, it is evident that funds should be held
with the CMO in order to create the electronic health record sys-
tem that would best serve the longer-term requirements and needs
across the whole Department, not just one component. To ensure
a successful investment of appropriated dollars and direction in
Public Law 116–93, the Committee includes language directing the
transfer of $20,000,000 from CBP to the Countering Weapons of
Mass Destruction Office for execution. The CMO is encouraged to
leverage contract staffing across multiple components to avoid du-
plication of efforts and funding. Additionally, the CMO in conjunc-
tion with impacted components shall brief the Committee on the ef-
forts across the Department to include the execution of funds on a
quarterly basis.
National Technical Nuclear Forensics.—The Committee is inter-
ested in the proposal to consolidate this capability at the National
Nuclear Security Administration, but some doubts remain regard-
ing the transfer of these activities. The Department is directed to
brief the Committee on this proposal before the end of fiscal year
2020.
SSpencer on DSKJLSW7X2PROD with REPORTS
Visualization Tool.—The Committee encourages CWMD to con-
tinue its engagement in support of a visualization tool that incor-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00085 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
86
porates data from state and local entities and can serve as a bio-
preparedness tool for emergency response, emergency management,
and law enforcement at all levels of government.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2020 ......................................................... $118,988,000
Budget request, fiscal year 2021 ....................................................... 87,413,000
Recommended in the bill ................................................................... 87,413,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. ¥31,575,000
Budget request, fiscal year 2021 ................................................ –––
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2020 ......................................................... $69,181,000
Budget request, fiscal year 2019 ....................................................... 58,209,000
Recommended in the bill ................................................................... 58,209,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. ¥10,972,000
Budget request, fiscal year 2021 ................................................ –––
FEDERAL ASSISTANCE
Appropriation, fiscal year 2020 ......................................................... $64,663,000
Budget request, fiscal year 2021 ....................................................... 58,663,000
Recommended in the bill ................................................................... 69,663,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +5,000,000
Budget request, fiscal year 2021 ................................................ +11,000,000
The recommendation rejects the proposed decrease of
$11,000,000 to the Securing the Cities program.
TITLE IV—ADMINISTRATIVE PROVISIONS—THIS ACT
Section 401. The Committee continues a provision allowing
USCIS to acquire, operate, equip, and dispose of up to five vehicles
under certain scenarios.
Section 402. The Committee continues a provision limiting the
use of A–76 competitions by USCIS.
Section 403. The Committee includes a provision withholding a
set amount of funds from the USCIS Office of the Director until the
specified reports and briefings have been provided.
Section 404. The Committee continues a provision requiring
USCIS to provide data about its credible and reasonable fear proc-
esses.
Section 405. The Committee includes a provision prohibiting the
use of Immigration Examination Fee Account revenue to reimburse
activities in appropriations that did not receive such reimburse-
ments in fiscal year 2020.
Section 406. The Committee continues a provision authorizing
FLETC to distribute funds for incurred training expenses.
Section 407. The Committee continues a provision directing the
FLETC Accreditation Board to lead the federal law enforcement
training accreditation process to measure and assess federal law
enforcement training programs, facilities, and instructors.
Section 408. The Committee continues a provision allowing for
SSpencer on DSKJLSW7X2PROD with REPORTS
the acceptance of funding transfers from other government agen-
cies for construction of special use facilities.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00086 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
87
Section 409. The Committee continues a provision classifying
FLETC instructor staff as inherently governmental for certain pur-
poses.
Section 410. The Committee includes a provision repealing re-
quirements pertaining to the liquidation of assets at Plum Island,
New York, if the Secretary decides to locate the National Bio and
Agro-defense Facility at a different location.
Section 411. The Committee includes a provision to prohibit the
use of funds for certain immigration enforcement activities related
to the Deferred Action for Childhood Arrivals program and Tem-
porary Protected Status.
Section 412. The Committee includes a provision authorizing the
use of the H–2A program for agricultural jobs that are not tem-
porary or seasonal in nature.
Section 413. The Committee includes a provision allowing certain
unused immigration visas to remain available.
Section 414. The Committee includes a provision increasing the
annual cap on H–2B visas.
TITLE V—GENERAL PROVISIONS
(INCLUDING RECISSION OF FUNDS)
Section 501. The Committee continues a provision limiting the
availability of appropriations to one year unless otherwise ex-
pressly provided.
Section 502. The Committee continues and modifies a provision
providing that unexpended balances of prior year appropriations
may be merged with new appropriation accounts and used for the
same purpose.
Section 503. The Committee continues and modifies a provision
limiting authority to reprogram funds within an appropriation or
fee account above a specified threshold.
Section 504. The Committee continues by reference a provision
prohibiting funds appropriated or otherwise made available to the
Department to make payment to the Working Capital Fund (WCF),
except for activities and amounts proposed in the President’s fiscal
year 2021 budget request. Funds provided to the WCF are avail-
able until expended. The Department may only charge components
for services directly provided through the WCF and may only use
such funds for purposes intended by the contributing component.
Any funds paid in advance or for reimbursement must reflect the
full cost of each service. The Department shall submit a notifica-
tion to the Committees prior to adding a new activity to the fund
or eliminating an existing activity from the fund. For activities
added to the fund, such notifications shall detail the source of
funds by account, program, project, and activity level. In addition,
the Department shall submit quarterly WCF execution reports to
the Committees that include activity-level detail.
Section 505. The Committee continues a provision that deems in-
telligence activities to be specifically authorized during fiscal year
2021 until the enactment of an Act authorizing intelligence activi-
ties for fiscal year 2021.
SSpencer on DSKJLSW7X2PROD with REPORTS
Section 506. The Committee continues a provision requiring noti-
fication to the Committees at least three days before DHS executes
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00087 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
88
or announces grant allocations, grant awards, contract awards (in-
cluding contracts covered by the Federal Acquisition Regulation),
other transaction agreements, letters of intent, or a task or delivery
order on multiple award contracts totaling more than $1,000,000;
a task or delivery order greater than $10,000,000 from multi-year
funds; or sole-source grant awards. Notifications shall include a de-
scription of projects or activities to be funded and their location, in-
cluding city, county, and state.
Section 507. The Committee continues a provision prohibiting all
agencies from purchasing, constructing, or leasing additional facili-
ties for federal law enforcement training without advance notifica-
tion to the Committees.
Section 508. The Committee continues a provision prohibiting the
use of funds for any construction, repair, alteration, or acquisition
project for which a prospectus, if required under chapter 33 of title
40, United States Code, has not been approved.
Section 509. The Committee continues a provision that consoli-
dates by reference prior-year statutory provisions related to a con-
tracting officer’s technical representative training and the use of
funds in conformance with section 303 of the Energy Policy Act of
1992.
Section 510. The Committee continues a provision prohibiting the
use of funds in contravention of the Buy American Act.
Section 511. The Committee continues a provision regarding the
oath of allegiance required by section 337 of the Immigration and
Nationality Act.
Section 512. The Committee continues a provision prohibiting
DHS from using funds in this Act to use reorganization authority.
Section 513. The Committee continues a provision prohibiting
funds for planning, testing, piloting, or developing a national iden-
tification card.
Section 514. The Committee continues a provision directing that
any official required by this Act to report or certify to the Commit-
tees on Appropriations may not delegate such authority unless ex-
pressly authorized to do so in this Act.
Section 515. The Committee continues a provision prohibiting
funds in this Act to be used for first-class travel.
Section 516. The Committee continues a provision prohibiting
funds appropriated or otherwise made available by this Act to pay
for award or incentive fees for contractors with below satisfactory
performance or performance that fails to meet the basic require-
ments of the contract.
Section 517. The Committee continues a provision prohibiting the
use of funds to enter into a federal contract that does not meet the
requirements of the Federal Property and Administrative Services
Act of 1949 or chapter 137 of title 10 U.S.C.; and the Federal Ac-
quisition Regulation, unless the contract is otherwise authorized by
statute without regard to this section.
Section 518. The Committee continues a provision requiring DHS
computer systems to block electronic access to pornography, except
for law enforcement purposes.
SSpencer on DSKJLSW7X2PROD with REPORTS
Section 519. The Committee continues a provision regarding the
transfer of firearms by federal law enforcement personnel.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00088 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
89
Section 520. The Committee continues a provision regarding
funding restrictions and reporting requirements related to con-
ferences occurring outside of the United States.
Section 521. The Committee continues a provision prohibiting
funds to reimburse any federal department or agency for its partici-
pation in a National Special Security Event.
Section 522. The Committee continues a provision requiring a no-
tification, including justification materials, prior to implementing
any structural pay reform that affects more than 100 full-time posi-
tions or costs more than $5,000,000.
Section 523. The Committee continues a provision directing the
Department to post on a public website reports required by the
Committees on Appropriations unless public posting compromises
homeland or national security or contains proprietary information.
Section 524. The Committee continues a provision authorizing
minor procurement, construction, and improvements under Oper-
ations and Support appropriations, as specified.
Section 525. The Committee continues by reference a provision to
authorize DHS to fund out of existing discretionary appropriations
the expenses of primary and secondary schooling of eligible depend-
ents in areas of U.S. territories that meet certain criteria.
Section 526. The Committee continues by reference and modifies
a provision providing $41,000,000 for ‘‘Federal Emergency Manage-
ment Agency—Federal Assistance’’ to reimburse extraordinary law
enforcement and emergency personnel overtime costs for protection
activities directly and demonstrably associated with a residence of
the President that is designated for protection.
Section 527. The Committee continues and modifies a provision
extending other transaction authority for the Department through
fiscal year 2021.
Section 528. The Committee continues a provision regarding ac-
cess to detention facilities by members of Congress or their des-
ignated staff.
Section 529. The Committee continues a provision prohibiting the
use of funds to use restraints on pregnant detainees in DHS cus-
tody except in certain circumstances.
Section 530. The Committee continues and modifies a provision
prohibiting the use of funds for the destruction of records related
to detainees in custody and requires that such records be provided
to detainees, as specified.
Section 531. The Committee continues and modifies a provision
prohibiting funds for a Principal Federal Official during a declared
disaster or emergency under the Stafford Act, with certain excep-
tions.
Section 532. The Committee includes a provision requiring the
submission of an unfunded priorities report not later than 10 days
after the submission of the fiscal year 2022 budget request.
Section 533. The Committee includes a provision prohibiting the
use of funds to implement various immigration-related policies and
activities.
Section 534. The Committee includes a provision directing the
transfer of funds for electronic health records.
SSpencer on DSKJLSW7X2PROD with REPORTS
Section 535. The Committee includes a provision rescinding un-
obligated balances from Public Law 116–93 appropriated under
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00089 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
90
‘‘U.S. Customs and Border Protection—Procurement, Construction,
and Improvements’’.
Section 536. The Committee includes a provision rescinding un-
obligated balances from ‘‘U.S. Customs and Border Protection—
Border Security, Fencing, Infrastructure, and Technology’’.
Section 537. The Committee includes a provision rescinding un-
obligated balances from ‘‘U.S. Customs and Border Protection—Pro-
curement, Construction, and Improvements’’.
APPROPRIATIONS CAN BE USED ONLY FOR THE PURPOSES FOR WHICH
MADE
Title 31 of the United States Code makes clear that appropria-
tions can be used only for the purposes for which they were appro-
priated as follows:
Section 1301. Application.
(a) Appropriations shall be applied only to the objects for which
the appropriations were made except as otherwise provided by law.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
The following items are included in accordance with various re-
quirements of the Rules of the House of Representatives.
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00090 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
91
FULL COMMITTEE VOTES
Pursuant to the provisions of clause 3(b) of rule XIII of the House of Representatives, the results
of each roll call vote on an amendment or on the motion to report, together with the names of those voting
for and those voting against, are printed below:
Roll Call I
Date: July 15, 2020
Measure: Department of Homeland Security Appropriations Bill, FY21
Motion by: Mr. Fleischmann
Description of Motion: Strike the following provisions from Title II of the bill: the funding carveout in
the bill for Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations; the
provision withholding funds from the Office of the Principal Legal Advisor until certain requirements are
fulfilled; the provisions regarding the withholding offunds from enforcement and removal operations
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, remains in effect, and the transfer of such funds to the Coast Guard in
an amount proportional to the number of days the order remains in effect during the fiscal year; and Sec.
211, the prohibition on use of federal funds for border barriers, other than funds directly appropriated for
that purpose.
Results: Defeated 22 yeas to 30 nays
Members Voting Yea Members Voting Nay
Mr. Aderholt Mr.Aguilar
Mr.Amodei Mr. Bishop
Mr. Calvert Mrs. Bustos
Mr. Carter Mr. Cartwright
Mr.Cole Mr. Case
Mr. Diaz-Balart Ms. Clark
Mr. Fleischmann Mr. Crist
Mr. Fortenberry Mr. Cuellar
Ms. Granger Ms. DeLauro
Mr. Graves Ms. Frankel
Dr. Harris Ms. Kaptur
Ms. Herrera Beutler Mr. Kilmer
Mr. Hurd Mrs. Kirkpatrick
Mr. Joyce Mrs. Lawrence
Mr. Moolenaar Ms. Lee
Mr. Newhouse Mrs. Lowey
Mr. Palazzo Ms. McCollum
Mr. Rogers Ms.Meng
Mr. Rutherford Ms. Pingree
Mr. Simpson Mr. Pocan
Mr. Stewart Mr. Price
Mr. Womack Mr. Quigley
Ms. Roybal-Allard
Mr. Ruppersberger
Mr. Ryan
SSpencer on DSKJLSW7X2PROD with REPORTS
Insert offset folio 019 here 40858.001
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00091 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
92
Mr. Serrano
Mrs. Torres
Mr. Visclosky
Ms. Wasserman Schultz
Mrs. Watson Coleman
SSpencer on DSKJLSW7X2PROD with REPORTS
Insert offset folio 020 here 40858.002
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00092 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
93
FULL COMMITTEE VOTES
Pursuant to the provisions of clause 3(b) of rule XIII of the House of Representatives, the results
of each roll call vote on an amendment or on the motion to report, together with the names of those voting
for and those voting against, are printed below:
Roll Call 2
Date: July 15, 2020
Measure: Department of Homeland Security Appropriations Bill, FY2 l
Motion by: Mr. Price
Description of Motion: To prohibit the use of federal funds to implement: (I) the proposed rule on
Procedures for Asylum and withholding ofRemoval; Credible Fear and Reasonable Fear Review,
published in the Federal Register on June 15, 2020; (2) the Migrant Protection Protocols (MPP) and the
policy memorandum implementing MPP; (3) Presidential Proclamation 9983, issued on January 31, 2020;
(4) the Interim Final Rule on Implementing Bilateral and Multilateral Asylum Cooperative Agreements,
along with the existing agreement with Guatemala and any other such agreements; and ( 5) Executive
Order 13768, issued on January 25, 2017, related to issuances of Notices to Appear by U.S. Citizenship
and Immigration Services (USCIS). In addition, to prohibit the implementation of any policy requiring an
applicant for citizenship to attend an interview at a location other than the USCIS office which the
applicant submitted their application; and to prohibit anyone from performing the duties of an asylum
officer unless they are directly employed by USCIS.
Results: Adopted 30 yeas to 22 nays
Members Voting Yea Members Voting Nay
Mr. Aguilar Mr. Aderholt
Mr. Bishop Mr.Amodei
Mrs. Bustos Mr. Calvert
Mr. Cartwright Mr. Carter
Mr. Case Mr. Cole
Ms. Clark Mr. Diaz-Balart
Mr. Crist Mr. Fleischmann
Mr. Cuellar Mr. Fortenberry
Ms. DeLauro Ms. Granger
Ms.Frankel Mr.Graves
Ms. Kaptur Dr. Harris
Mr. Kilmer Ms. Herrera Beutler
Mrs. Kirkpatrick Mr.Hurd
Mrs. Lawrence Mr. Joyce
Ms.Lee Mr. Moolenaar
Mrs. Lowey Mr. Newhouse
Ms.McCollum Mr. Palazzo
Ms. Meng Mr. Rogers
Ms. Pingree Mr. Rutherford
Mr. Pocan Mr. Simpson
Mr. Price Mr. Stewart
Mr. Quigley Mr. Womack
Ms. Roybal-Allard
SSpencer on DSKJLSW7X2PROD with REPORTS
Insert offset folio 021 here 40858.003
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00093 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
94
Mr. Ruppersberger
Mr. Ryan
Mr. Serrano
Mrs. Torres
Mr. Visclosky
Ms. Wasserman Schultz
Mrs. Watson Coleman
SSpencer on DSKJLSW7X2PROD with REPORTS
Insert offset folio 022 here 40858.004
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00094 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
95
FULL COMMITTEE VOTES
Pursuant to the provisions of clause 3(b) of rule XIII of the House of Representatives, the results
of each roll call vote on an amendment or on the motion to report, together with the names of those voting
for and those voting against, are printed below:
Roll Call 3
Date: July 15, 2020
Measure: Department of Homeland Security Appropriations Bill, FY21
Motion by: Ms. Kaptur
Description of Motion: To report the Department of Homeland Security Appropriations Act, 2021, to the
House, as amended.
Results: Adopted 30 yeas to 22 nays
Members Voting Yea Members Voting Nay
Mr. Aguilar Mr. Aderholt
Mr. Bishop Mr.Amodei
Mrs. Bustos Mr. Calvert
Mr. Cartwright Mr. Carter
Mr. Case Mr. Cole
Ms. Clark Mr. Diaz-Balart
Mr. Crist Mr. Fleischmann
Mr. Cuellar Mr. Fortenberry
Ms. DeLauro Ms.Granger
Ms. Frankel Mr. Graves
Ms. Kaptur Dr. Harris
Mr. Kilmer Ms. Herrera Beutler
Mrs. Kirkpatrick Mr. Hurd
Mrs. Lawrence Mr. Joyce
Ms. Lee Mr. Moolenaar
Mrs. Lowey Mr. Newhouse
Ms.McCollum Mr. Palazzo
Ms.Meng Mr. Rogers
Ms. Pingree Mr. Rutherford
Mr. Pocan Mr. Simpson
Mr. Price Mr. Stewart
Mr. Quigley Mr. Womack
Ms. Roybal-Allard
Mr. Ruppersberger
Mr. Ryan
Mr. Serrano
Mrs. Torres
Mr. Visclosky
Ms. Wasserman Schultz
Mrs. Watson Coleman
SSpencer on DSKJLSW7X2PROD with REPORTS
Insert offset folio 023 here 40858.005
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00095 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
96
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House
of Representatives, the following is a statement of general perform-
ance goals and objectives for which this measure authorizes fund-
ing:
The Committee on Appropriations considers program perform-
ance, including a program’s success in developing and attaining
outcome-related goals and objectives, in developing funding rec-
ommendations.
RESCISSION OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House
of Representatives, the following table is submitted describing the
rescissions recommended in the accompanying bill:
Account/Activity Rescissions
Customs and Border Protection—Procurement, Construction, and Improvement (PC&I) .................................. 1,375,000,000
Customs and Border Protection—PC&I ............................................................................................................... 50,000,000
Customs and Border Protection—Border Security, Fencing, Infrastructure and Technology ............................. 5,000,000
TRANSFER OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House
of Representatives, the following is submitted describing the trans-
fer of funds recommended in the accompanying bill:
In title II, under ‘‘Customs and Border Protection—Operations
and Support’’, language is included allowing for the transfer of not
to exceed $75,000,000 to the United States Fish and Wildlife Serv-
ice.
In title II, under ‘‘Immigration and Customs Enforcement—Oper-
ations and Support’’, language is included allowing for the transfer
of unobligated funds to ‘‘Coast Guard—Procurement, Construction,
and Improvements’’.
In title V, under Section 534, language is included providing for
the transfer of $20,000,000 from ‘‘Custom and Border Protection—
Procurement, Construction, and Improvements’’ to ‘‘Countering
Weapons of Mass Destruction Office—Procurement, Construction,
and Improvements’’.
DISCLOSURE OF EARMARKS AND CONGRESSIONAL DIRECTED
SPENDING ITEMS
Neither the bill nor the report contains any Congressional ear-
marks, limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
COMPLIANCE WITH RULE XIII, CL. 3(e) (RAMSEYER RULE)
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italics,
SSpencer on DSKJLSW7X2PROD with REPORTS
existing law in which no change is proposed is shown in roman):
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00096 Fmt 6602 Sfmt 6601 E:\HR\OC\HR458.XXX HR458
97
CONSOLIDATED APPROPRIATIONS ACT, 2019
(Public Law 116-6)
* * * * * * *
DIVISION A—DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2019
* * * * * * *
TITLE II—SECURITY, ENFORCEMENT, AND
INVESTIGATIONS
* * * * * * *
Administrative Provisions
* * * * * * *
SEC. 225. (a) Subject to the provisions of this section, the Admin-
istrator of the Transportation Security Administration (hereafter in
this section referred to as ‘‘the Administrator’’) may conduct a pilot
program to provide screening services outside of an existing pri-
mary passenger terminal screening area where screening services
are currently provided or would be eligible to be provided under the
Transportation Security Administration’s annually appropriated
passenger screening program as a primary passenger terminal
screening area.
(b) Any request for screening services under subsection (a) shall
be initiated only at the request of a public or private entity regu-
lated by the Transportation Security Administration; shall be made
in writing to the Administrator; and may only be submitted to the
Transportation Security Administration after consultation with the
relevant local airport authority.
(c) The Administrator may provide the requested screening serv-
ices under subsection (a) if the Administrator provides a certifi-
cation to the Committee on Homeland Security and the Committee
on Appropriations of the House of Representatives, and the Com-
mittee on Commerce, Science, and Transportation and the Com-
mittee on Appropriations of the Senate that implementation of sub-
section (a) does not reduce the security or efficiency of screening
services already provided in primary passenger terminals at any
impacted airports.
(d) No screening services may be provided under subsection (a)
unless the requesting entity agrees in writing to the scope of the
screening services to be provided, and agrees to compensate the
Transportation Security Administration for all reasonable per-
sonnel and non-personnel costs, including overtime, of providing
the screening services.
(e) The authority available under this section is effective for fis-
cal years 2019 through ø2021¿ 2023 and may be utilized at not
more than eight locations for transportation security purposes.
(f) Notwithstanding any other provision of law, an airport au-
thority, air carrier, or other requesting entity shall not be liable for
any claims for damages filed in State or Federal court (including
SSpencer on DSKJLSW7X2PROD with REPORTS
a claim for compensatory, punitive, contributory, or indemnity
damages) relating to—
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00097 Fmt 6602 Sfmt 6601 E:\HR\OC\HR458.XXX HR458
98
(1) an airport authority’s or other entity’s decision to request
that the Transportation Security Administration provide pas-
senger screening services outside of a primary passenger ter-
minal screening area; or
(2) any act of negligence, gross negligence, or intentional
wrongdoing by employees of the Transportation Security Ad-
ministration providing passenger and property security screen-
ing services at a pilot program screening location.
(g) Notwithstanding any other provision of law, any compensa-
tion received by the Transportation Security Administration under
subsection (d) shall be credited to the account used to finance the
provision of reimbursable security screening services under sub-
section (a).
(h) The Administrator shall submit to the Committee on Home-
land Security and the Committee on Appropriations of the House
of Representatives, and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Sen-
ate—
(1) an implementation plan for the pilot programs under sub-
section (a), including the application process, that is due by 90
days after the date of enactment of this Act;
(2) an evaluation plan for the pilot programs; and
(3) annual performance reports, by not later than 60 days
after the end of each fiscal year in which the pilot programs
are in operation, including—
(A) the amount of reimbursement received by the Trans-
portation Security Administration from each entity in the
pilot program for the preceding fiscal year, delineated by
personnel and non-personnel costs;
(B) an analysis of the results of the pilot programs cor-
responding to the evaluation plan required under para-
graph (2);
(C) any Transportation Security Administration staffing
changes created at the primary passenger screening check-
points and baggage screening as a result of the pilot pro-
gram; and
(D) any other unintended consequences created by the
pilot program.
(i) Except as otherwise provided in this section, nothing in this
section may be construed as affecting in any manner the respon-
sibilities, duties, or authorities of the Transportation Security Ad-
ministration.
(j) For the purposes of this section, the term ‘‘airport’’ means a
commercial service airport as defined by section 47107(7) of title 49
United States Code.
(k) For the purposes of this section, the term ‘‘screening services’’
means the screening of passengers, flight crews, and their carry-on
baggage and personal articles, and may include checked baggage
screening if that type of screening is performed at an offsite loca-
tion that is not part of a passenger terminal of a commercial air-
port.
SSpencer on DSKJLSW7X2PROD with REPORTS
(l) For the purpose of this section, the term ‘‘primary passenger
terminal screening area’’ means the security checkpoints relied
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00098 Fmt 6602 Sfmt 6601 E:\HR\OC\HR458.XXX HR458
99
upon by airports as the principal points of entry to a sterile area
of an airport.
* * * * * * *
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Homeland Secu-
rity Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE XXII—CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
Subtitle A—Cybersecurity and Infrastructure Security
* * * * * * *
2215. Cybersecurity Advisory Committee.
* * * * * * *
TITLE XXII—CYBERSECURITY AND
INFRASTRUCTURE SECURITY AGENCY
Subtitle A—Cybersecurity and
Infrastructure Security
* * * * * * *
SEC. 2215. CYBERSECURITY ADVISORY COMMITTEE.
(a) ESTABLISHMENT.—The Secretary shall establish within the
Agency a Cybersecurity Advisory Committee (referred to in this sec-
tion as the ‘‘Advisory Committee’’).
(b) DUTIES.—
(1) IN GENERAL.—The Advisory Committee may advise, con-
sult with, report to, and make recommendations to the Director,
as appropriate, on the development, refinement, and implemen-
tation 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 im-
provements to advance the cybersecurity mission of the
Agency and strengthen the cybersecurity of the United
States.
(B) RECOMMENDATIONS OF SUBCOMMITTEES.—Rec-
ommendations agreed upon by subcommittees established
under subsection (d) for any year shall be approved by the
Advisory Committee before the Advisory Committee submits
SSpencer on DSKJLSW7X2PROD with REPORTS
to the Director the annual report under paragraph (4) for
that year.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00099 Fmt 6602 Sfmt 6603 E:\HR\OC\HR458.XXX HR458
100
(3) PERIODIC REPORTS.—The Advisory Committee shall peri-
odically 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 Advi-
sory Committee, including its subcommittees, for the pre-
ceding 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 pub-
lic version of the report describing the activities of the Advi-
sory Committee and such related matters as would be in-
formative 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 recommenda-
tion. Such a response shall include—
(A) with respect to any recommendation with which the
Director concurs, an action plan to implement the rec-
ommendation; and
(B) with respect to any recommendation with which the
Director does not concur, a justification for why the Direc-
tor 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 Secu-
rity and Governmental Affairs and the Committee on Appro-
priations of the Senate and the Committee on Homeland Secu-
rity and the Committee on Appropriations of the House of Rep-
resentatives a briefing on feedback from the Advisory Com-
mittee.
(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.
SSpencer on DSKJLSW7X2PROD with REPORTS
(III) Financial services and insurance.
(IV) Healthcare.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00100 Fmt 6602 Sfmt 6603 E:\HR\OC\HR458.XXX HR458
101
(V) Manufacturing.
(VI) Media and entertainment.
(VII) Chemicals.
(VIII) Retail.
(IX) Transportation.
(X) Energy.
(XI) Information Technology.
(XII) Communications.
(XIII) Public works.
(XIV) Cybersecurity research community.
(XV) Privacy policy organizations.
(XVI) Other relevant fields identified by the Di-
rector.
(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 participa-
tion 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 Com-
mittee may be reappointed for an unlimited number of
terms.
(3) PROHIBITION ON COMPENSATION.—The members of the Ad-
visory Committee may not receive pay or benefits from the
United States Government by reason of their service on the Ad-
visory 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 re-
ferred to in subparagraph (A) shall be open to the public.
(C) ATTENDANCE.—The Advisory Committee shall main-
tain a record of the persons present at each meeting.
(5) MEMBER ACCESS TO CLASSIFIED AND DELIBERATIVE BUDG-
ET INFORMATION.—
(A) IN GENERAL.—Not later than 60 days after the date
on which a member is first appointed to the Advisory Com-
mittee and before the member is granted access to any clas-
sified and deliberative budget information, the Director
shall determine if the member should be restricted from re-
viewing, discussing, or possessing such information.
(B) ACCESS.—Access to classified materials shall be man-
aged in accordance with Executive Order No. 13526 of De-
cember 29,2009 (75 Fed. Reg 707), or any subsequent cor-
responding Executive Order.
(C) PROTECTIONS.—A member of the Advisory Committee
shall protect all classified information in accordance with
SSpencer on DSKJLSW7X2PROD with REPORTS
the applicable requirements for the particular level of clas-
sification of such information.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00101 Fmt 6602 Sfmt 6603 E:\HR\OC\HR458.XXX HR458
102
(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 sub-
committee 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, find-
ings, and recommendations, regarding subject matter consid-
ered 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 sub-
ject matter expertise relevant to the subject matter of the sub-
committee.
(e) NONAPPLICABILITY OF FACA.—The Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to the Advisory Com-
mittee and its subcommittees.
* * * * * * *
CONSOLIDATED SECURITY, DISASTER ASSISTANCE, AND
CONTINUING APPROPRIATIONS ACT, 2009
* * * * * * *
DIVISION D—DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2009
* * * * * * *
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00102 Fmt 6602 Sfmt 6601 E:\HR\OC\HR458.XXX HR458
103
TITLE V
GENERAL PROVISIONS
* * * * * * *
øSEC. 540. Notwithstanding any other provision of law, should
the Secretary of Homeland Security determine that the National
Bio and Agro-defense Facility be located at a site other than Plum
Island, New York, the Secretary shall liquidate the Plum Island
asset by directing the Administrator of General Services to sell
through public sale all real and related personal property and
transportation assets which support Plum Island operations, sub-
ject to such terms and conditions as necessary to protect govern-
ment interests and meet program requirements: Provided, That the
gross proceeds of such sale shall be deposited as offsetting collec-
tions into the Department of Homeland Security Science and Tech-
nology ‘‘Research, Development, Acquisition, and Operations’’ ac-
count and, subject to appropriation, shall be available until ex-
pended, for site acquisition, construction, and costs related to the
construction of the National Bio and Agro-defense Facility, includ-
ing the costs associated with the sale, including due diligence re-
quirements, necessary environmental remediation at Plum Island,
and reimbursement of expenses incurred by the General Services
Administration which shall not exceed 1 percent of the sale price:
Provided further, That after the completion of construction and en-
vironmental remediation, the unexpended balances of funds appro-
priated for costs in the preceding proviso shall be available for
transfer to the appropriate account for design and construction of
a consolidated Department of Homeland Security Headquarters
project, excluding daily operations and maintenance costs, notwith-
standing section 503 of this Act, and the Committees on Appropria-
tions of the Senate and the House of Representatives shall be noti-
fied 15 days prior to such transfer.¿
* * * * * * *
CONSOLIDATED APPROPRIATIONS ACT, 2012
* * * * * * *
DIVISION D—DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2012
* * * * * * *
TITLE V
GENERAL PROVISIONS
* * * * * * *
øSEC. 538. (a) Notwithstanding any other provision of law during
fiscal year 2012 or any subsequent fiscal year, if the Secretary of
Homeland Security determines that the National Bio- and Agro-de-
fense Facility should be located at a site other than Plum Island,
SSpencer on DSKJLSW7X2PROD with REPORTS
New York, the Secretary shall ensure that the Administrator of
General Services sells through public sale all real and related per-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00103 Fmt 6602 Sfmt 6601 E:\HR\OC\HR458.XXX HR458
104
sonal property and transportation assets which support Plum Is-
land operations, subject to such terms and conditions as may be
necessary to protect Government interests and meet program re-
quirements.
ø(b) The proceeds of such sale described in subsection (a) shall
be deposited as offsetting collections into the Department of Home-
land Security Science and Technology ‘‘Research, Development, Ac-
quisition, and Operations’’ account and, subject to appropriation,
shall be available until expended, for site acquisition, construction,
and costs related to the construction of the National Bio- and Agro-
defense Facility, including the costs associated with the sale, in-
cluding due diligence requirements, necessary environmental reme-
diation at Plum Island, and reimbursement of expenses incurred by
the General Services Administration.¿
* * * * * * *
COMPLIANCE WITH RULE XIII, CLAUSE 3(f)(1) (CHANGES IN THE
APPLICATION OF EXISTING LAW)
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the
House of Representatives, the Committee has inserted at the ap-
propriate place in the report a description of the effects of provi-
sions proposed in the accompanying bill which may be considered,
under certain circumstances, to change the application of existing
law, either directly or indirectly.
The bill provides, in some instances, funding of agencies and ac-
tivities where legislation has not yet been finalized. In addition, the
bill carries language, in some instances, permitting activities not
authorized by law. Additionally, the Committee includes a number
of general provisions.
TITLE I—DEPARTMENTAL MANAGEMENT, OPERATIONS,
INTELLIGENCE, AND OVERSIGHT
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the oper-
ations and support of the Office of the Secretary and for the execu-
tive management offices, including funds for an Ombudsman for
Immigration Detention and for official reception and representation
expenses. The Committee withholds funds until data is provided
and provides two-year availability of funding for certain activities.
MANAGEMENT DIRECTORATE
OPERATIONS AND SUPPORT
The Committee includes language providing funds for operations
and support, including funds for official reception and representa-
tion expenses.
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00104 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
105
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds, with avail-
ability for three or five years, for procurement, construction, and
improvements.
FEDERAL PROTECTIVE SERVICE
The Committee includes language making funds available until
expended for the operations of the Federal Protective Service.
INTELLIGENCE, ANALYSIS, AND OPERATIONS COORDINATION
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the Office
of Intelligence and Analysis and the Office of Operations Coordina-
tion, including funding for official reception and representation ex-
penses, as well as funds for facility needs associated with secure
space at fusion centers. The Committee provides two-year avail-
ability of funds for certain activities.
OFFICE OF INSPECTOR GENERAL
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the Office
of Inspector General, including certain confidential operational ex-
penses such as the payment of informants.
ADMINISTRATIVE PROVISIONS
Language requiring a report on grants or contracts awarded by
means other than full and open competition and requiring the In-
spector General to review such grants or contracts and report the
results to the Committees.
Language requiring the Chief Financial Officer to submit month-
ly budget and staffing reports.
Language requiring the Secretary to link all contracts that pro-
vide award fees to successful acquisition outcomes.
Language requiring the Secretary to notify the Committees of
any proposed transfers from the Department of Treasury Forfeiture
Fund to any agency at DHS and prohibiting the use of such funds
for border security infrastructure.
Language related to official costs of the Secretary and Deputy
Secretary for official travel.
Language requiring the Secretary to establish metrics and collect
data related to certain removal programs.
Language requiring the Secretary to conduct a study on human
trafficking and report on the results to Congress.
Language requiring the implementation of pilot programs related
to the travel in certain states of Mexican nationals who are non-
immigrant visitors.
Language requiring the Secretary to provide quarterly reports on
the travel of the Secretary and Deputy Secretary.
SSpencer on DSKJLSW7X2PROD with REPORTS
Language prohibiting the use of funds to implement certain pilot
programs unless the Secretary fulfills certain requirements and re-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00105 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
106
ports to the Committee on the results of such pilots upon their con-
clusions.
TITLE II—SECURITY, ENFORCEMENT, AND
INVESTIGATIONS
U.S. CUSTOMS AND BORDER PROTECTION
OPERATIONS AND SUPPORT
(INCLUDING TRANSFER OF FUNDS)
The Committee includes language making funds available for op-
erations and support, including funds for the transportation of un-
accompanied minor aliens; air and marine assistance to other law
enforcement agencies and humanitarian efforts; purchase or lease
of vehicles; maintenance, and procurement of marine vessels, air-
craft, and unmanned aircraft systems; contracting with individuals
for personal services abroad; Harbor Maintenance Fee collections;
customs officers; official reception and representation expenses;
Customs User Fee collections; payment of rental space in connec-
tion with preclearance operations; and compensation of informants.
Provides the authority to transfer funds to the Bureau of Indian
Affairs and the United States Fish and Wildlife Service and with-
holds funds pending the submission of a report. The Committee
provides two-year availability of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for procure-
ment, construction, and improvements, to include procurements to
buy, maintain, or operate aircraft and unmanned aircraft systems.
The Committee provides three-year and five-year availability of
funds for these activities.
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
OPERATIONS AND SUPPORT
The Committee includes language providing funds for operations
and support, including funds for official reception and representa-
tion expenses, overseas vetted units, and the operation and mainte-
nance necessary to sustain the daily effectiveness of equipment and
facilities. The Committee includes language making funds available
for special operations; compensation to informants; the reimburse-
ment of other federal agencies for certain costs; the purchase or
lease of vehicles; maintenance, minor construction, and minor im-
provements of owned and leased facilities; the enforcement of child
labor laws; paid apprenticeships for the Human Exploitation Res-
cue Operations Corps; and the investigation of intellectual property
rights violations. The Committee specifies a funding level for the
Office of Principal Legal Advisor (OPLA) and for enforcement and
removal operations (ERO), including the transportation of unac-
companied minor aliens. The Committee includes language with-
holding funds from OPLA pending submission of certifications from
SSpencer on DSKJLSW7X2PROD with REPORTS
the Secretary and from ERO for the duration of a Public Health
order. The Committee also includes language to transfer any with-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00106 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
107
held ERO funds as of the specified date to Coast Guard for shore
facilities and aids to navigation and such transferred funds would
change from 1-year to five-year availability. The Committee pro-
vides no-year availability of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for procure-
ment, construction, renovation, and improvements to include funds
for facilities repair and maintenance projects. The Committee pro-
vides three-year and five-year availability of funds for these activi-
ties.
TRANSPORTATION SECURITY ADMINISTRATION
OPERATIONS AND SUPPORT
The Committee includes language providing funds for operations
and support, including funds for official reception and representa-
tion expenses, and establishes conditions under which security fees
are collected and credited. The Committee provides two-year avail-
ability of funds for these activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for procure-
ment, construction, and improvements. The Committee provides
three-year availability of funds for these activities.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for research
and development. The Committee provides two-year availability of
funds for these activities.
COAST GUARD
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the oper-
ations and support of the Coast Guard, including funds for official
reception and representation expenses; passenger motor vehicles;
small boats; repairs and service life-replacements; purchase, lease,
or improvement of other equipment; special pay allowances; recre-
ation and welfare; environmental compliance and restoration; and
defense-related activities, including funds for Overseas Contingency
Operations/Global War on Terrorism. The Committee includes lan-
guage authorizing funds to be derived from the Oil Spill Liability
Trust Fund. The Committee provides two-year, three-year, and
five-year availability of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for the pro-
curement, construction, and improvements, including of aids to
navigation, shore facilities, vessels, and aircraft. The Committee in-
cludes language authorizing funds to be derived from the Oil Spill
SSpencer on DSKJLSW7X2PROD with REPORTS
Liability Trust Fund. The Committee provides five-year availability
of funds for these purposes.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00107 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
108
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for research
and development, and for maintenance, rehabilitation, lease, and
operation of related facilities and equipment. The Committee in-
cludes language authorizing funds to be derived from the Oil Spill
Liability Trust Fund, and authorizing funds received from state
and local governments, other public authorities, private sources,
and foreign countries to be credited to this account and used for
certain purposes. The Committee provides three-year availability of
funds for these purposes.
RETIRED PAY
The Committee includes language providing funds for retired pay
and medical care for the Coast Guard’s retired personnel and their
dependents and makes these funds available until expended.
UNITED STATES SECRET SERVICE
OPERATIONS AND SUPPORT
The Committee includes language that provides funds for oper-
ations and support, to include funds for the purchase and replace-
ment of vehicles; hire of passenger motor vehicles and aircraft; pur-
chase of motorcycles; rental of certain buildings; improvements to
buildings as may be necessary for protective missions; firearms
matches; presentation of awards; behavioral research; advance pay-
ment for commercial accommodations; per diem and subsistence al-
lowances; official reception and representation expenses; grant ac-
tivities related to missing and exploited children investigations;
and technical assistance and equipment provided to foreign law en-
forcement organizations. The Committee provides for two-year
availability of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for procure-
ment, construction, and improvements. The Committee provides
three-year availability of funds for these purposes.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for research
and development. The Committee provides two-year availability of
funds for these purposes.
ADMINISTRATIVE PROVISIONS
Language regarding overtime compensation.
Language allowing CBP to sustain or increase operations in
Puerto Rico and the U.S. Virgin Island with appropriated funds.
Language regarding the availability of fee revenue collected from
certain arriving passengers.
Language allowing CBP access to certain reimbursements for
preclearance activities.
SSpencer on DSKJLSW7X2PROD with REPORTS
Language regarding the importation of prescription drugs by an
individual for personal use.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00108 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
109
Language regarding waivers of the Jones Act.
Language prohibiting DHS from establishing a border crossing
fee.
Language prohibiting the obligation of funds prior to the submis-
sion of an expenditure plan for funds made available for ‘‘U.S. Cus-
toms and Border Protection—Procurement, Construction, and Im-
provements’’.
Language allocating funds within CBP’s Procurement, Construc-
tion, and Improvements account for specific purposes and requiring
an updated risk-based plan for improving security along the bor-
ders of the United States.
Language prohibiting the construction of physical barriers in cer-
tain areas.
Language prohibiting the construction of physical barriers along
the southern land border except by using amounts made available
for such purposes by prior appropriations Acts.
Language prohibiting the construction of physical barriers within
certain jurisdictions without consultations.
Language prohibiting the use of funds provided under the head-
ing ‘‘U.S. Immigration and Customs Enforcement—Operations and
Support’’ for the 287(g) program if the terms of the agreement gov-
erning the delegation of authority have been materially violated.
Language prohibiting the use of funds provided under the head-
ing ‘‘U.S. Immigration and Customs Enforcement—Operations and
Support’’ to contract for detention services if the facility receives
less than ‘‘adequate’’ ratings in two consecutive performance eval-
uations.
Language related to information sharing between ICE and the
Office Refugee Resettlement (ORR) that prohibits ICE from using
information for removal purposes if it was provided by as part of
a process of sponsoring an unaccompanied alien child or reuniting
a child with a family member or if it is based on information gath-
ered in therapy sessions for child while in ORR.
Language requiring ICE to provide information and statistics
about the 287(g) program.
Language requiring ICE to provide statistics about its detention
population.
Language ensuring aliens’ access to legal counsel and know your
rights presentations for specified legal proceedings and requiring
the Secretary and the Director of the Office of Civil Rights and Lib-
erties to certify that such requirements have been met.
Language prohibiting the detention of individuals for more than
the specified periods if they do not pose a threat to public safety
or a flight risk and ensures that transgender detainees are de-
tained in facilities that comply with ICE standards for such indi-
viduals.
Language focusing Homeland Security Investigations activities
on functions that are not redundant to those of Enforcement and
Removal Operations.
Language that prohibits ICE from removing individuals with a
pending Violence Against Women Act (VAWA), U-visa, or T-visa
application or a pending appeal of a denial related to such visas.
SSpencer on DSKJLSW7X2PROD with REPORTS
Language clarifying that certain elected and appointed officials
are not exempt from federal passenger and baggage screening.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00109 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
110
Language directing the deployment of explosives detection sys-
tems based on risk and other factors.
Language authorizing TSA to use funds from the Aviation Secu-
rity Capital Fund for the procurement and installation of explo-
sives detection systems or for other purposes authorized by law.
Language requiring a report from TSA on capital investments,
technology investment and integrated passenger screening tech-
nology
Language extending a TSA pilot on screening outside a primary
passenger terminal until 2023.
Language prohibiting funds made available by this Act under the
heading ‘‘Coast Guard—Operations and Support’’ for recreational
vessel expenses, except to the extent fees are collected from owners
of yachts and credited to this appropriation.
Language allowing up to $10,000,000 to be reprogrammed to or
from Military Pay and Allowances within ‘‘Coast Guard—Oper-
ations and Support’’.
Language requiring submission a future-years capital investment
plan.
Language allowing for allocation of Overseas Contingency Oper-
ations funds.
Language allowing for the use of the Coast Guard Housing Fund.
Language allowing the Secret Service to obligate funds in antici-
pation of reimbursement for personnel receiving training.
Language prohibiting funds made available to the Secret Service
for the protection of the head of a federal agency other than the
Secretary of Homeland Security, except when the Director has en-
tered into a reimbursable agreement for such protection services.
Language regarding the reprogramming of funds within ‘‘United
States Secret Service—Operations and Support’’.
Language allowing for funds made available for ‘‘United States
Secret Service— Operations and Support’’ to be available for travel
of employees on protective missions without regard to limitations
on such expenditures in this or any other Act after notification to
the Committees on Appropriations.
Language requiring semimonthly reporting on a public website
related to requests by law enforcement agencies for support from
DHS law enforcement personnel and requiring notification to the
Committee when DHS provides such support.
Language prohibiting the use of funds to modify or revoke ICE
guidance related to SEVP stakeholders.
Language prohibiting the use of funds by ICE to operate a citizen
academy program.
Language requiring the Secretary to temporarily stay the re-
moval of certain alien beneficiaries of private bills.
TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND
RECOVERY
CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
OPERATIONS AND SUPPORT
SSpencer on DSKJLSW7X2PROD with REPORTS
The Committee includes language providing funds for operations
and support, including funds for official reception and representa-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00110 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
111
tion expenses. The Committee provides for two-year availability of
funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for procure-
ment, construction, and improvements. The Committee provides
three-year availability of funds for these purposes.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for research
and development. The Committee provides two-year availability of
funds for these purposes.
FEDERAL EMERGENCY MANAGEMENT AGENCY
OPERATIONS AND SUPPORT
The Committee includes language providing funds for operations
and support, including funds for official reception and representa-
tion expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for procure-
ment, construction, and improvements. The Committee provides
three- and five-year availability of funds for these purposes.
FEDERAL ASSISTANCE
The Committee includes language providing funds for grants,
contracts, cooperative agreements, and other activities, including
for terrorism prevention; public transportation and railroad secu-
rity; port security; firefighter assistance; emergency management;
flood hazard mapping and risk analysis; emergency food and shel-
ter; alternatives to detention case management; education, train-
ing, exercises, and technical assistance; and other programs. The
Committee provides two-year availability of funds for certain pur-
poses.
DISASTER RELIEF FUND
The Committee includes language making funds available until
expended for the Disaster Relief Fund. The Committee includes a
provision transferring funds to the Disaster Assistance Direct Loan
Program account.
NATIONAL FLOOD INSURANCE FUND
The Committee includes language making funds available for
mission support associated with flood management and programs
and activities under the National Flood Insurance Fund, including
flood plain management and flood mapping. The Committee in-
cludes provisions making funds available for interest on Treasury
borrowings and limiting amounts available for operating expenses,
commissions and taxes of agents, and flood mitigation activities as-
sociated with the National Flood Insurance Act of 1968. The Com-
SSpencer on DSKJLSW7X2PROD with REPORTS
mittee includes language permitting additional fees collected to be
credited as an offsetting collection and available for floodplain man-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00111 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
112
agement; providing that not to exceed four percent of the total ap-
propriation is available for administrative cost; and making funds
available for the Flood Insurance Advocate.
ADMINISTRATIVE PROVISIONS
Language limiting expenses for the administration of grants.
Language specifying timeframes for certain grant applications
and awards.
Language requiring a five-day advance notification for certain
grant awards under ‘‘Federal Emergency Management Agency—
Federal Assistance’’.
Language authorizing the use of certain grant funds for the in-
stallation of communications towers.
Language requiring the submission of a monthly Disaster Relief
Fund report.
Language requiring Administrator, FEMA to grant waivers from
specified requirements of section 34 of the Federal Fire Prevention
and Control Act of 1974.
Language providing for the receipt and expenditure of fees col-
lected for the Radiological Emergency Preparedness Program, as
authorized by Public Law 105–276.
Language allowing for the transfer of funds from the Predisaster
Mitigation Fund to be transferred to the National Public Infra-
structure Predisaster Mitigation Assistance Account and requiring
a report prior to such transfer.
Language requiring the Administrator of FEMA to grant waivers
from specified requirements of section 33 of the Federal Fire Pre-
vention and Control Act of 1974.
Language making CISA Operations and Support funding avail-
able for a cybersecurity competition established by Executive Order
No. 13870.
Language allowing for reconsideration of certain state requests
for Individual Assistance under the Stafford Act.
Language authorizing FEMA to provide Community Disaster
Loans to U.S. territories where major disasters were declared in
2018 and permits FEMA to waive certain provisions of the Commu-
nity Disaster Loan program for such loans.
Language cancelling the remaining balances of certain loans
issued by FEMA.
Language establishing a Cybersecurity Advisory Committee
within CISA.
TITLE IV—RESEARCH, DEVELOPMENT, TRAINING, AND
SERVICES
U.S. CITIZENSHIP AND IMMIGRATION SERVICES
OPERATIONS AND SUPPORT
The Committee includes language making funds available for op-
erations and support for the E–Verify program.
FEDERAL ASSISTANCE
SSpencer on DSKJLSW7X2PROD with REPORTS
The Committee includes language making funds available for the
Citizenship and Integration Grant Program.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00112 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
113
FEDERAL LAW ENFORCEMENT TRAINING CENTERS
OPERATIONS AND SUPPORT
The Committee includes language making funds available for op-
erations and support, including for official reception and represen-
tation expenses and purchase of police-type vehicles. The Com-
mittee provides two-year availability of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for procure-
ment, construction, and improvements to include acquisition of nec-
essary additional real property and facilities, construction and on-
going maintenance, facility improvements and related expenses.
The Committee provides five-year availability of funds for these ac-
tivities.
SCIENCE AND TECHNOLOGY DIRECTORATE
OPERATIONS AND SUPPORT
The Committee includes language providing funds for operations
and support, including the purchase or lease of vehicles and official
reception and representation expenses. The Committee provides
two-year availability of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for procure-
ment, construction, and improvements. The Committee provides
five-year availability of funds for these activities.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for research
and development. The Committee provides three-year availability
of funds for these activities.
COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
OPERATIONS AND SUPPORT
The Committee includes language providing funds for operations
and support, including official reception and representation ex-
penses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for procure-
ment, construction, and improvements. The Committee provides
three-year availability of funds for these activities.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for research
and development. The Committee provides three-year availability
SSpencer on DSKJLSW7X2PROD with REPORTS
of funds for these activities.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00113 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
114
FEDERAL ASSISTANCE
The Committee includes language providing funds for federal as-
sistance through grants, contracts, cooperative agreements, and
other activities. The Committee provides three-year availability of
funds for these activities.
ADMINISTRATIVE PROVISIONS
Language allowing USCIS to acquire, operate, equip, and dispose
of up to five vehicles under certain scenarios.
Language limiting the use of A–76 competitions by USCIS.
Language withholding a set amount of funds from the USCIS Of-
fice of the Director until the specified reports and briefings have
been provided.
Language requiring USCIS to provide data about its credible and
reasonable fear processes.
Language prohibiting the use of Immigration Examination Fee
Account revenue to reimburse activities in appropriations that did
not receive such reimbursements in fiscal year 2020.
Language authorizing FLETC to distribute funds to federal law
enforcement agencies for incurred training expenses.
Language directing the FLETC Accreditation Board to lead the
federal law enforcement training accreditation process for meas-
uring and assessing federal law enforcement training programs, fa-
cilities, and instructors.
Language allowing for the acceptance of funding transfers from
other government agencies for the construction of special use facili-
ties.
Language classifying FLETC instructor staff as inherently gov-
ernmental for purposes of the Federal Activities Inventory Reform
Act of 1998.
Language repealing prior year provisions related to the sale of
the Plum Island Animal Disease Center.
Language prohibiting the use of funds for certain immigration
enforcement activities related to the Deferred Action for Childhood
Arrivals program and Temporary Protected Status.
Language authorizing the use of the H–2A program for agricul-
tural jobs that are not temporary or seasonal in nature.
Language allowing certain unused immigration visas to remain
available in the following fiscal year.
Language increasing the annual cap on H–2B visas.
TITLE V—GENERAL PROVISIONS
Language limiting the availability of appropriations to one year
unless otherwise expressly provided.
Language providing authority to merge unexpended balances of
prior year appropriations with new appropriations accounts for the
same purpose.
Language limiting the authority to reprogram funds within an
appropriation above a specified threshold.
Language prohibiting funds appropriated or otherwise made
available to the Department to make payments to the Working
SSpencer on DSKJLSW7X2PROD with REPORTS
Capital Fund (WCF), except for activities and amounts allowed in
the President’s budget request; making funds provided to the WCF
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00114 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
115
available until expended; restricting the Department from charging
components for services not directly provided through the WCF, or
for the purposes intended by the contributing component; requiring
funds paid by components in advance or for reimbursement to re-
flect the full cost of each service; requiring the submission of a noti-
fication prior to adding a new activity to the fund detailing the
source of funds by account, program, project, and activity level; re-
quiring the submission of a notification prior to eliminating an ex-
isting activity from the fund; and requiring the Department to sub-
mit quarterly WCF execution reports to the Committees that in-
clude activity-level detail.
Language deeming intelligence activities to be specifically au-
thorized during the budget year until the enactment of an Act au-
thorizing intelligence activities for that year.
Language requiring a specified notification to the Committees at
least three days before DHS executes or announces grant alloca-
tions; grant awards; contract awards, including contracts covered
by the Federal Acquisition Regulation; other transaction agree-
ments; letters of intent; a task or delivery order on multiple award
contracts totaling $1,000,000 or more; a task or delivery order
greater than $10,000,000 from multi-year funds; or sole-source
grant awards.
Language prohibiting all agencies from purchasing, constructing,
or leasing additional facilities for federal law enforcement training
without advance notification to the Committees.
Language prohibiting the use of funds for any construction, re-
pair, alteration, or acquisition project for which a prospectus, if re-
quired under chapter 33 of title 40, United States Code, has not
been approved.
Language continuing by reference prior-year statutory provisions
related to a contracting officer’s technical representative training,
sensitive security information, and the use of funds in conformance
with section 303 of the Energy Policy Act of 1992.
Language prohibiting the use of funds in contravention of the
Buy American Act.
Language prohibiting the use of funds to amend the oath of alle-
giance required by section 337 of the Immigration and Nationality
Act.
Language prohibiting DHS from using funds to carry out reorga-
nization authority.
Language prohibiting the use of funds for planning, testing, pilot-
ing, or developing a national identification card.
Language prohibiting any official required by this Act to provide
a report or make a certification to the Committees on Appropria-
tions from delegating such authority unless expressly authorized to
do so in this Act.
Language prohibiting funds in this Act from being used for first-
class travel.
Language prohibiting the use of funds appropriated or otherwise
made available in this Act to pay award or incentive fees for con-
tractors with a below satisfactory performance or a performance
that fails to meet the basic requirements of the contract.
SSpencer on DSKJLSW7X2PROD with REPORTS
Language prohibiting the use of funds to enter into a federal con-
tract unless the contract meets the requirements of the Federal
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00115 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
116
Property and Administrative Services Act of 1949 or chapter 137
of title 10 U.S.C., and the Federal Acquisition Regulation, unless
the contract is otherwise authorized by statute without regard to
this section.
Language requiring that DHS computer systems block electronic
access to pornography, except for law enforcement purposes.
Language prohibiting the use of funds by federal law enforce-
ment personnel to transfer operable firearms to certain individuals
except under certain conditions.
Language restricting funds for travel and requiring reporting re-
lated to conferences occurring outside of the United States.
Language prohibiting funds to reimburse any federal department
or agency for its participation in a National Special Security Event.
Language requiring a notification, including justification mate-
rials, prior to implementing any structural pay reform that affects
more than 100 full-time positions or costs more than $5,000,000.
Language directing the Department to post on a public website
reports required by the Committees on Appropriations unless pub-
lic posting compromises homeland or national security or contains
proprietary information.
Language authorizing minor procurement, construction, and im-
provements using Operations and Support appropriations, as speci-
fied.
Language authorizing DHS to use existing discretionary appro-
priations for the primary and secondary schooling expense of eligi-
ble dependents in areas and territories that meet certain criteria.
Language providing an additional $41,000,000 for ‘‘Federal
Emergency Management Agency—Federal Assistance’’ for the reim-
bursement of extraordinary law enforcement or other emergency
personnel overtime costs of protection activities directly and de-
monstrably associated with a residence of the President that is des-
ignated for protection.
Language continuing the availability of other transaction author-
ity.
Language prohibiting the use of funds to limit access to detention
facilities by members of Congress and their designated staff.
Language prohibiting the use of funds to use restraints on preg-
nant detainees in DHS custody except in certain circumstances.
Language prohibiting the use of funds for the destruction of
records related to the sexual abuse or assault of detainees in cus-
tody.
Language continuing by reference and modifying a prohibition on
the use of funds for a Principal Federal Official during a declared
disaster or emergency under the Stafford Act, with certain excep-
tions.
Language requiring the Secretary to submit an annual report on
unfunded priorities classified as budget function 050.
Language prohibiting the use of funds to implement various im-
migration policies and activities.
Language directing the transfer of funds for electronic health
records.
Language rescinding unobligated balances from Public Law 116–
SSpencer on DSKJLSW7X2PROD with REPORTS
93 appropriated under ‘‘U.S. Customs and Border Protection—Pro-
curement, Construction, and Improvements’’.
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00116 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
117
Language rescinding unobligated balances from ‘‘Customs and
Border Protection—Border Security, Fencing, Infrastructure, and
Technology’’.
Language rescinding unobligated balances from ‘‘U.S. Customs
and Border Protection—Procurement, Construction, and Improve-
ments’’.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1) of rule XIII of the House of Represent-
atives, the following table lists the appropriations in the accom-
panying bill that are not authorized by law:
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00117 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
FY 2021 Schedule of Unauthorized Appropriations
Jkt 040858
1uross 1.11screuonary - uo11ars m mousanas,
Agency /Program Last Year of Authorized Level Appropriation in Last Year of Appropriations in this
Authorization Authorization bill
Customs and Border Protection, Operations and Support 2004 1 $3,083,259 2 $4,396,750 3 $13,240,238 4
PO 00000
Customs and Border Protection, International Cargo 5
$149,286 6
2010 $153,300 $162,000
Screening
Customs and Border Protection, Customs-Trade
2010/2012 7 $75,6001$21,000 $62,6121$44,979 8 $3,391,117 9
Partnership Against Terrorism (C-TPATI
Customs and Border Protection, Automated Targeting
Frm 00118
2010' 0 $37,485 $34,560 $284,415"
Systems
Customs and Border Protection, Automated
2018 12 $153,736 NIA $290,746 13
Commercial Environment
Customs and Border Protection, Air and Marine 14
$320,199 15
2004 $175,000 $240,200
Interdiction, Operations, Maintenance, and Procurement
Fmt 6602
118
Sfmt 6602 >
>
E:\HR\OC\HR458.XXX
>
>
>
HR458
>
>
Insert offset folio 050 here 40858.006
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
Immigration and Customs Enforcement, Operations and $7,308,449 17
2003 16 $4,131,000 NIA
Jkt 040858
Suooort
Immigration and Customs Enforcement, Angel Watch $5,000 19
2018 18 $6,000 NIA
Center
Transportation Security Administration, Operations and $7,927,407 21
2020 20 $7,888,494 NIA
Suooort
PO 00000
Transportation Security Administration, EDS/ETD
2007 22 $400,000 $524,400 $154,492 23
Systems
Transportation Security Administration, Transportation $123,320 26
2005 24 Such sums $115,000 25
Threat Assessment and Credentia1inu:
Transportation Security Administration, Federal Air
Frm 00119
200727 $83,000 $699,294 $780,744 28
Marshal Service
Transportation Security Administration Law 29
$55,000 $45,000 $46,414
2020
Enforcement Officer Reimbursement Program
United States Coast Guard, Operations and Support 2019'° $7,7,914,195 31 $7,808,201 32 $8,560,267
Fmt 6602
>
119
Sfmt 6602
>
>
E:\HR\OC\HR458.XXX
>
>
>
HR458
>
>
>
Insert offset folio 051 here 40858.007
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
United States Coast Guard, Procurement, Construction,
2019 34 $2,694,745 $2,248,260 $2,158,791
Jkt 040858
and lmorovements
34 $29,141 $20,256 $8,276
United States Coast Guard, Research and Development 2019
NPPD, Infrastructure Protection and Infonnation
2012 32 Such sums $888,243 $2,163,487 33
Securitv
PO 00000
FEMA, Salaries and Expenses 2010 34 $375,342 $797,650 $1,155,750 35
FEMA, Integrated Public Alert and Warning System
2018 36 Such sums NIA $18,869
(!PAWS)
FEMA, State and Local Programs
Frm 00120
Port Security Grants 20]]37 $400,000 $250,000 $110,000
Public Transportation Security Grants 2011 38 $1,108,000 $250,000 $1 l0,000
20ll 39 $175,000 $20,000 $10,000
Fmt 6602
Amtrak Security
40
Over the Road Bus Security 20ll $25,000 $5,000 $3,000
120
National Domestic Preparedness Consortium 20]141 $25,500 NIA $101,000
Sfmt 6602
Center for Domestic Preparedness 2011 32 $66,000 NIA $67,209
42 $45,000 $36,700 $37,832
FEMA, Urban Search and Rescue Response System 2008
E:\HR\OC\HR458.XXX
>
>
>
>
HR458 >
>
>
>
>
Insert offset folio 052 here 40858.008
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
FEMA, Emergency Management Performance Grants 2012 43 $950,000 $350,000 $385,000
Jkt 040858
44
FEMA, Emergency Food and Shelter 1994 $188,000 NIA $150,000
PO 00000
Frm 00121
Fmt 6602
121
Sfmt 6602
E:\HR\OC\HR458.XXX
HR458
>
>
Insert offset folio 053 here 40858.009
122
COMPARISON WITH BUDGET RESOLUTION
Section 308(a)( I )(A) of the Congressional Budget Act requires the report accompanying a bill providing new budget authority to contain a
statement comparing the levels in the bill to the suballocations submitted under section 302(b) of the Act for the most recently agreed to concurrent
resolution on the budget for the applicable fiscal year.
[In millions of dollars]
302 (b) Allocation This Bill
Budget Budget
Authority Outlays Authority Outlays
Comparison of amounts in the bill with Committee allocations to its
subcommittees: Subcommittee on Homeland Security
Discretionary.. ,... 55,993 62,533 55,995 1/ 62,436
Mandatory .... 1,870 1,863 1,870 11 1,863
Ii Includes outlays from prior-year budget authority
NOTE.-Cons1stent with the funding recommended in the bill for disaster relief as well as for overseas contingency operations/global war on terronsm (OCO!GWOT), in
accordance with section 25l(b)(2) of the Balaru.:ed Budget and Emergency Deficit Control Act of 1985, and after the bill is reported to the House, the Chairman of the Committee
on the Budget will provide a revised section 302(a) allocation reflecting an additional $5,275 million in discretionary budget authority and S1,533 million m associated outlays
That amount is compnsed of$5,060 million m budget authonty and$ 1.365 m associated outlays from funding for disaster rehef, and $215 million in budget authority and $168
million m associated outlays fom funding for OCO/GWOT. Those adjustments are mcluded in the allocation displayed in this table
In addition, the amounts in the this report do not include -$50 million in discretionary budget authority and -$3 mt Ihon in associated outlays from a reduction of prevmusly
appropriated emergency fundmg contained m the bill. Further, the amounts in this report do not include $13,673 million in discretionary outlays from funding provided by the
CARES Act (Public Law 116- 136), that was designated as being for emergency requirements pursuant to section 251 of the Balanced Budget Balanced Budget and Emergern:y
Deficit Control Act of 1985. Consistent with the Congressional Budget Act of 1974, in the House ofRepresentatives such amounts do not count against the Committee's
allocatt<m
Five-Year Outlay Projections
In compliance with section 308(a)(1)(B) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93--344), a,;; amended,
the following table contains fivc~year projections associated with the budget authority provided in the accompanying bill.
[In millions of dollars]
Outla s
Projection of outlays associated with the recommendation:
2021.. 11 36.250
2022 ..... . 10,810
2023 .. . 5,899
2024.. . 2,185
2025 and future years..... . 2,576
!/ Excludes outlays from pn-0r,year budget authority
Financial Assistance to State and Local Governments
In accordance with section 308(a)(l)(C) of the Congressional Budget Act of 1974, as amended, the Congressional Budget Office has provided
the following estimates of new budget authority and outlays provided by the accompanying bill for financial assistance to State and local
[In millions of dollars]
Budget
Authori ' Outla s
'inancial assistance to State and local governments for 2021 ... 6,550 1/ 1,338
1/ Excludes outlays from prior-year budget authority.
SSpencer on DSKJLSW7X2PROD with REPORTS
Insert offset folio 054 here 40858.010
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00122 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
123
PROGRAM DUPLICATION
No provision of this bill establishes or reauthorizes a program of
the Federal Government know to be duplicative of another federal
program, a program that was included in any report from the Gov-
ernment Accountability Office to Congress pursuant to section 21
of Public Law 111–139, or a program identified in the most recent
Catalog of Federal Domestic Assistance.
COMMITTEE HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the 116th Con-
gress—
The following hearings were used to develop or consider the De-
partment of Homeland Security Appropriations Act, 2021:
The Subcommittee on Homeland Security held an oversight hear-
ing on March 11, 2020, entitled ‘‘FY2021 Budget Hearing—Immi-
gration and Customs Enforcement.’’ The Subcommittee received
testimony from:
Matthew T. Albence, Deputy Director and Senior Official Per-
forming the Duties of the Director for U.S. Immigration and Cus-
toms Enforcement.
The Subcommittee on Homeland Security held an oversight hear-
ing on March 10, 2020, entitled ‘‘FY2021 Budget Hearing—U.S.
Coast Guard Budget.’’ The Subcommittee received testimony from:
Admiral Karl Schultz, Commandant, U.S. Coast Guard.
The Subcommittee on Homeland Security held an oversight hear-
ing on February 27, 2020, entitled ‘‘FY2021 Budget Hearing—U.S.
Customs and Border Protection.’’ The Subcommittee received testi-
mony from:
Mark A. Morgan, Acting Commissioner, U.S. Customs and Bor-
der Protection.
The Subcommittee on Homeland Security held an oversight hear-
ing on February 26, 2020, entitled ‘‘Member Day Hearing.’’ The
Subcommittee received oral and/or written testimony from:
The Honorable Judy Chu, Member of Congress
The Honorable J. Luis Correa, Member of Congress
The Honorable Joe Cunningham, Member of Congress
The Honorable Veronica Escobar, Member of Congress
The Honorable Russ Fulcher, Member of Congress
The Honorable Jenniffer González-Colón, Member of Congress
The Honorable Garret Graves, Member of Congress
The Honorable Raúl M. Grijalva, Member of Congress
The Honorable J. French Hill, Member of Congress
The Honorable Sheila Jackson Lee, Member of Congress
The Honorable Eddie Bernice Johnson, Member of Congress
The Honorable Scott Perry, Member of Congress
The Honorable Stacey E. Plaskett, Member of Congress
The Honorable Raul Ruiz, Member of Congress
The Honorable Steve Scalise, Member of Congress
The Honorable Thomas R. Suozzi, Member of Congress
The Honorable Xochitl Torres Small, Member of Congress
The Honorable Peter J. Visclosky, Member of Congress.
SSpencer on DSKJLSW7X2PROD with REPORTS
The Subcommittee on Homeland Security held an oversight hear-
ing on February 26, 2020, entitled ‘‘FY2021 Budget Hearing—De-
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00123 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
124
partment of Homeland Security.’’ The Subcommittee received testi-
mony from:
The Honorable Chad F. Wolf, Acting Secretary, Department of
Homeland Security.
DETAILED EXPLANATIONS IN REPORT
The following table contains detailed funding recommendations
at the program, project, and activity (PPA) level.
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00124 Fmt 6602 Sfmt 6602 E:\HR\OC\HR458.XXX HR458
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 DEPARTMENT OF HOMELAND SECURITY
TITLE I DEPARTMENTAL MANAGEMENT, OPERATIONS,
Frm 00125
INTELLIGENCE, & OVERSIGHT
Office of the Secretary and Executive Management
Operations and Support:
Fmt 6602
Management and Oversight:
Office of the Secretary ........................ . 18,567 15,585 12,514 -6,053 -3,071
Office of Public Affairs ....................... . 5,255 4,394 4,349 -906 -45
125
Office of Legislative Affairs .................. . 5,830 4,985 3,435 -2,395 -1,550
Sfmt 6602
Office of General Counsel ...................... . 21,570 19,128 14,447 -7, 123 -4 ,681
Privacy Office ................................. . 9,993 10,406 11,758 +1 ,765 +1,352
--------------- --------------- --------------- -------------- --------------
Subtotal, Management and Oversight ......... . 61,215 54,498 46,503 -14,712 -7,995
E:\HR\OC\HR458.XXX
Office of Strategy, Policy and Plans ............... . 48,571 52,121 34,899 -13,672 -17,222
Operations and Engagement
Office for Civil Rights and Civil Liberties ..... 28,824 24,749 36, 161 +7,337 +11,412
Office of the Citizenship and Immigration
Services Ombudsman ........................... . 8,216 7,560 8,261 +45 +701
Office of the Immigration Detention Ombudsman .. . 10,000 20,000 +10, 000 +20,000
Office of Partnership and Engagement ... 11,982 11 , 431 13,044 +1,062 +1,613
--------------- --------------- --------------- -------------- --------------
HR458
Subtotal, Operations and Engagement 59,022 43,740 77,466 +18,444 +33,726
Insert offset folio 057 here 40858.011
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bi 11 Enacted Request
PO 00000 H-2B Returning Worker Offset (full committee
amendment) ....................................... . -7,000 -7,000 -7,000
Frm 00126
Subtotal, Operations and Support., ......... . 168,808 150,359 151,868 -16,940 +1,509
Federal Assistance:
Office of Strategy, Policy, and Plans:
Targeted Violence and Terrorism Prevention
Fmt 6602
Grants ...................................... . 10,000 -10,000
FEMA Assistance Grants (transfer out) ......... .. (-10,000) (+10,000)
126
Total, Office of the Secretary and Executive
Sfmt 6602
Management ... , ............................... . 178,808 150,359 151,868 -26,940 +1,509
(transfer out) ...... , .......................... . -10,000 +10,000
Total Gross, Office of the Secretary and
Executive Management ............. ·............ . 168,808 150,359 151,868 -16,940 +1 ,509
E:\HR\OC\HR458.XXX
Management Directorate
Operations and Support:
Immediate Office of the Under Secretary for
Management ..................................... . 7,903 4,569 3,036 -4,867 -1,533
Office of the Chief Readiness Support Officer .... . 101,063 179,325 178,685 +77, 622 -640
Office of the Chief Human Capital Officer ........ . 116,158 129,841 129,474 +13,316 -367
Office of the Chief Security Officer ............. . 83,476 135,340 135,004 +51,528 -336
HR458
Office of the Chief Procurement Officer .. ,., ..... . 109,741 107,041 108,207 -1,534 +1 , 166
Office of the Chief Financial Officer ............ . 90,829 89,651 90,489 -340 +838
Office of the Chief Information Officer .. , ...... .. 418,246 502,456 503,124 +84,878 +668
Insert offset folio 58 here 40858.012
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Office of Biometric Identity Management
Identity and Screening Program Operations ...... . 70,820 76,912 76,677 +5,857 -235
!DENT/Homeland Advanced Recognition Technology .. 183,906 177,061 177,061 -6,845
Frm 00127
Subtotal, Office of Biometric Identity
Management ................................. . 254,726 253,973 253,738 -988 -235
Subtotal, Operations and Support ..... , ....... . 1,182,142 1,402,196 1,401,757 +219,615 -439
Fmt 6602
Procurement, Construction, and Improvements:
Construction and Facility Improvements ........... . 223,767 199,839 199,839 -23,928
127
Mission Support Assets and Infrastructure ....... .. 142,034 129,941 129,941 -12,093
Sfmt 6602
!DENT/Homeland Advanced Recognition Technology .. .. 15,497 29,670 29,670 +14, 173
Subtotal, Procurement, Construction, and
Improvements ............................... . 381,298 359,450 359,450 -21,848
E:\HR\OC\HR458.XXX
Federal Protective Service:
FPS Operations
Operating Expenses ............................. . 387,500 387,500 387,500
Countermeasures
Protective Security Officers ........... ,.,., .. .. 1,148,400 1,177,100 1,177,100 +28,700
Technical Countermeasures .. , ... , ............... . 24,030 24, 148 24,148 +118
----------·----
1,559,930
---~----·-~----
1,588,748
--------------- -------------- -·---------- -
1,588,748 +28,818
Subtotal, Federal Protective Service (Gross)
HR458
Insert offset folio 59 here 40858.013
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUOGET (OBLIGATIONAL} AUTHORITY FOR 2020
ANO BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Offsetting Collections ............................. . -1,559,930 -1,588,748 -1,588,748 -28,818
Subtotal, Federal Protective Service {Net) .... ..
Frm 00128
Total, Management Directorate .................. . 1,563,440 1,761,646 1,761,207 +197,767 .439
{Discretionary Appropriations) ............. . (3,123,370} (3,350,394} (3,349,955) {+226,585) {-439)
{Offsetting Collections} .................. .. (·1,559,930) (-1, 588,748) (·1,588,748) (-28,818)
Fmt 6602
Total Gross, Management Directorate ............ . 1,563,440 1,761,646 1,761,207 +197,767 -439
Intelligence, Analysis, and Operations Coordination
128
Sfmt 6602
Operations and Support ............................... . 284,141 312,638 311,263 +27, 122 -1,375
Office of Inspector General
Operations and Support ............................... . 190,186 177,779 190, 186 +12,407
E:\HR\OC\HR458.XXX
Total, Title I, Departmental Management,
Operations, Intelligence, and Oversight ...... . 2,216,575 2,402,422 2,414,524 +197,949 +12, 102
(Discretionary Appropriations} ............. . {3,776,505) (3,991,170) (4,003,272} (+226,767) (+12,102)
(Offsetting Collections) ................... . (·1,559,930) {-1,588,748) {-1,588,748) {-28,818)
(Transfer out} .. , .............................. . ( ·10,000) (+10,000)
HR458
Total Gross, Title I, Departmental Management,
Operations, Intelligence, and Oversight ...... . 2,206,575 2,402,422 2,414,524 +207,949 +12, 102
Insert offset folio 60 here 40858.014
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS ANO AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bi 11 Enacted Request
PO 00000
TITLE II - SECURITY, ENFORCEMENT, ANO INVESTIGATIONS
Frm 00129
U.S. Customs and Border Protection
Operations and Support:
Border Security Operations
Fmt 6602
U.S. Border Patrol
Operations ................................... . 3,958,450 4,205,954 4,139,487 +181,037 -66,467
Emergency Appropriations .................. .. 203,000 -203,000
129
Assets and Support .................... . 696,858 754,832 678,690 -18, 168 - 76,142
Sfmt 6602
Office of Training and Development ................ 60,236 76,699 62,458 +2,222 -14,241
w-••-•••-•••••• ••••••••-•••--- •••-••--••---•• •-••-•----•••- --•-•----•••••
Subtotal, Border and Security Operations ...... 4,918,544 5,037,485 4,880,635 -37,909 -156,850
E:\HR\OC\HR458.XXX
Trade and Travel Operations:
Office of Field Operations
Domestic Operations ........................... 3,074,199 3,060,903 3,391,117 +316,918 +330,214
International Operations ...................... 144,940 152,390 149,286 +4,346 -3, 104
Targeting Ope rat ions .......................... 241,449 288,031 284,415 +42,966 -3,616
Assets and Support ............................ 983,568 1,016,908 1,036,908 +53,340 +20,000
Office of Trade ................................... 279,362 292,557 290,746 +11,384 -1 , 811
Office of Training and Development ................ 65,515 63,163 65,711 +196 +2,548
HR458
-------- ~----- ---~- -------- -----------~--- ~--- --------- -------- ----
Subtotal, Trade and Travel Operations ......... 4,789,033 4,873,952 5,218,183 +429, 150 +344,231
Insert offset folio 61 here 40858.015
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Integrated Operations:
Air and Marine Operations
Operations ................................... . 314,425 306,541 320,199 +5,774 +13,658
Frm 00130
Assets and Support ........................... . 533,768 565,554 565,554 +31,786
Air and Marine Operations Center ............. . 36,650 41,474 41,048 +4,398 -426
Office of International Affairs ................. .. 42,134 44,051 43,330 +1, 196 -721
Office of Intelligence ........................... . 61,685 65,724 65,164 +3,479 -560
Fmt 6602
Office of Training and Development ............... . 6,886 7,989 9,241 +2,355 +1,252
Operations Support. .............................. . 173,569 153,555 166,953 -6,616 +13,398
130
Subtotal, Integrated Operations .............. . 1,169,117 1,184,888 1,211,489 +42,372 +26,601
Sfmt 6602
Mission Support:
Enterprise Services ............. ·................. . 1,537,332 1,545,636 1,577,021 +39,689 +31 ,385
(Harbor Maintenance Trust Fund) .............. . (3,274} (3,274} (3,274)
E:\HR\OC\HR458.XXX
Office of Professional Responsibility ........... .. 209,052 227,500 233,693 +24,641 +6, 193
Executive Leadership and Oversight ............... . 112,321 117,971 119,217 +6,896 +1,246
- -- ---- -- --------- -- - --- - - -
Subtotal, Mission Support .................... . 1 ,858, 705 1,891,107 1,929,931 +71 ,226 +38,824
(Transfer out to Fish and Wildlife Service) ........ . (-75,000) (-75,000) (-75,000)
---------- - - - - - - --- --- - -----
Subtotal, Operations and Support ............. . 12,735,399 12,987,432 13,240,238 +504,839 +252,806
(Appropriations) ........................... . (12,532,399) (12,987,432) (13,240,238) (+707,839) (+252,806)
HR458
(Emergency Appropriations) ................ .. (203,000} (-203,000)
Insert offset folio 62 here 40858.016
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bi 11 Enacted Request
PO 00000 Procurement, Construction, and Improvements:
Border Security Assets and Infrastructure ........ . 1,508,788 2,060,413 380,600 -1 , 128, 188 -1,679,813
Trade and Travel Assets and Infrastructure ....... . 88,124 22,510 212,510 +124,386 +190,000
Frm 00131
Integrated Operations Assets and Infrastructure
Airframes and Sensors ........................ . 184,689 38,409 124,409 -60,280 +86,000
Watercraft .............. , .................... . 14,830 -14,830
Fmt 6602
Construction and Facility Improvements .......... .. 62,364 127,399 127,399 +65,035
Mission Support Assets and Infrastructure ........ . 15,673 32,629 32,629 +16,956
Emergency Appropriations ..................... . 30,000 -30,000
131
Sfmt 6602
Subtotal, Procurement, Construction, and
Improvements ................................. . 1,904,468 2,281,360 877,547 -1,026,921 -1,403,813
(Appropriations) .......................... . (1,874,468) (2,281,360) (877,547) (-996,921) ( -1 , 403 , 81 3)
(Emergency Appropriations) ................. . (30,000) ( ·30 ,000)
E:\HR\OC\HR458.XXX
CBP Services at User Fee Facilities (Small Airport)
(Permanent Indefinite Discretionary) ............ . 9,000 9,000 9,000
Global Entry Program (international Registered
Traveler (Permanent Indefinite Discretionary) ...... . 199,939 199,939 +199,939
Offsetting Collections ............. , ............. . -199,939 -199,939 -199,939
Total, Global Entry Program .................. .
HR458
Insert offset folio 63 here 40858.017
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bi 11 Enacted Request
PO 00000 Fee Funded Programs:
Immigration Inspection User Fee ................. .. (826,447) (793,876) (793,876) (-32 ,571)
Immigration Enforcement Fines .................... . (305) (227) (227) (-78)
Frm 00132
Electronic System for Travel Authorization (ESTA)
Fee ............................................ . (64,384) (63,417) (63,417) (-967)
Land Border Inspection Fee ...................... .. (56,467) (59,364) (59,364) (+2 ,897)
COBRA Passenger Inspection Fee .................. .. (615,975) (681,412) (681,412) (+65, 437)
Agricultural Quaratine Inspection Fee ........... .. (539,325) (582,187) (582,187) (+42,862)
Fmt 6602
Global Entry Fee ................................. . (184,937) (-184, 937)
Puerto Rico Trust Fund ........................... . (94,507) (152,291) (152,291) (+57,784)
Virgin Island Fee ................................ . (11,537) (11,442) (11,442) (-95)
132
Customs Unclaimed Goods .......................... . (1,547) (3,690) (3,690) (+2,143)
Sfmt 6602
9-11 Response and Biometric Exit Account ........ .. (61,000) (61,000) (61,000)
Subtotal , Fee Funded Programs ................ . 2,456,431 2,408,906 2,408,906 -47,525
E:\HR\OC\HR458.XXX
HR458
Insert offset folio 64 here 40858.018
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bi 11 Enacted Request
PO 00000 Administrative Provisions
Colombia Free Trade Act Collections ............... , .. . 267,000 281,000 281,000 +14,000
Frm 00133
Reimbursable Preclearance ............................ . 39,000 39,000 39,000
Reimbursable Preclearance (Offsetting Collections) ... . -39,000 -39,000 -39,000
_,._ ................... --- ----·- 281,000
-- ----- --------------- ·-----·-- ---- --------------
Total, Administrative Provisions ............... . 267,000 281,000 +14,000
--------------- --------------- ·-------------- -------------- -----------·--
Fmt 6602
Total, U.S. Customs and Border Protection ...... . 14,915,867 15,558,792 14,407.785 -508,082 -1, 151,007
· (Discretionary Funding) ...................... . (14,915,867) (15,558.792) (14,407.785) (-508,082) (-1,151,007)
(Discretionary Appropriations) ............. . (14,721,867) (15,797,731) (14,646,724) (-75, 143) (-1,151,007)
133
(Offsetting Collections) ................... . ( ·39 ,000) (-238, 939) (-238,939) (-199,939)
Sfmt 6602
(Emergency Appropriations) ................. . (233,000) (-233 ,000)
Fee Funded Programs ............................ . 2,456,431 2,408,906 2,408,906 -47,525
(Transfer out). . . . . . . . . . . . . . . ................. . (-75,000) ( · 75,000) (-75,000)
---------
E:\HR\OC\HR458.XXX
Total Gross, U.S. Customs and Border Protection. 17,411,298 18,206,637 16,980,630 -430,668 -1,226,007
HR458
Insert offset folio 65 here 40858.019
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 U.S. Immigration and Customs Enforcement
Operations and Support:
Frm 00134
Homeland Security Investigations
Domestic Investigations ............. ,.,, ....... . 1,769,410 1,991,986 1,955,644 +186,234 -36,342
International Investigations ................... . 178,806 204,837 203,481 +24,675 -1,356
Intelligence ............. , ................ , .. , .. 94,105 104,782 103,266 +9, 161 -1, 516
--------------- --------------- --------------- -------------- --------------
Fmt 6602
Subtotal, Homeland Security Investigations .. 2,042,321 2,301,605 2,262,391 +220,070 -39,214
Enforcement and Removal Operations
134
Custody Operations, . , .......................... . 3,142,520 4,137,380 2,063,365 -1,079, 155 -2,074,015
Sfmt 6602
Fugitive Operations ............ , ............... . 139,622 194,602 147,594 +7,972 -47,008
Criminal Alien Program ..... , .......... , ........ . 265,228 415,223 282,910 +17,682 -132,313
Alternatives to Detention ... , ... , ... ,, ......... . 319,213 353,941 500,637 +181,424 +146,696
Transportation and Removal Program .... ,,., .. , .. . 562,450 603,475 310,786 -251,664 -292,689
- ----- ------------- ------ -------- -------------- --------------
E:\HR\OC\HR458.XXX
Subtotal, Enforcement and Removal Operations .. 4,429,033 5,704,621 3,305,292 -1,123,741 -2,399,329
Mission Support .................................... . 1,271,110 1,462,892 1,423,153 +152,043 -39,739
Office of the Principal Legal Advisor.,,, .. , ....... . 290,337 352,991 317,613 +27,276 -35,378
- - -- - - .. -- - - - --- - - - ------ ---
Subtotal, Operations and Support .. , ............ . 8,032,801 9,822, 109 7,308,449 -724,352 -2,513,660
HR458
Insert offset folio 66 here 40858.020
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET {OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Procurement, Construction, and Improvements {PCI)
Operational Communications/Information Technology .. . 10,300 21,478 21,478 +11,178
Construction and Facility Improvements ............. . 36,970 80,416 73,261 +36, 291 -7, 155
Frm 00135
Mission Support Assets and Infrastructure .......... . 3,060 3,060 +3,060
--------------- --------------- -------------- --------------
Subtotal, PCI .................................. . 47,270 104,954 97,799 +50,529 -7, 155
Fee Funded Programs:
Fmt 6602
Immigration Inspection User Fee .................. . (135,000) (135,000) (135,000)
Breached Bond/Detention Fund ..................... . (55,000) (55,000) (55,000)
Student and Exchange Visitor Program Fee ......... . (129,800) (186,610) (186,610) {+56,810)
135
Immigration Examination Fee Account .............. . (112,287) (-112,287)
Sfmt 6602
Immigration Enforcement Account .................. . (200) (-200)
--------------- ---- --- ----- ----- ---- ---- --
Subtotal, Fee Funded Programs ................ . 319,800 489,097 376,610 +56,810 -112,487
Administrative Provisions
E:\HR\OC\HR458.XXX
Risk Classification/Detention Limitation {AP 219)
{Chi MP) ............................................ . 1,000 +1,000 +1 ,000
HSI Enforcement Prioritization {AP 220) (ChiMP) ...... . 10,000 +10,000 +10,000
U/T Visa Applicant Removal Limitation {AP 221) {ChiMP) 1,000 +1,000 +1 ,000
---------------
12,000
--------------
+12,-000
--------------
+12,000
Subtotal, Administrative Provisions ............ .
--------------- -------------- --------------
Total, U.S. Immigration and Customs Enforcement. 8,080,071 9,927,063 7,418,248 -661,823 -2,508,815
HR458
{Discretionary Appropriations)., ............. . (8,080,071) (9,927,063) (7,406,248) (-673,823) (-2,520,815)
{Changes in Mandatory Programs) .............. . (12,000) (+12,000) (+12,000)
Insert offset folio 67 here 40858.021
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Fee Funded Programs ............................ . 319,800 489,097 376,610 +56,810 -112,487
Total Gross, U.S. Immigration and Customs
Frm 00136
Enforcement ..... , ............................ . 8,399,871 10,416,160 7,782,858 -617 ,013 -2,633,302
Transportation Security Administration
Operations and Support:
Fmt 6602
Aviation Screening Operations
Screening Workforce
Screening Partnership Program .... , ............. . 226,375 204,647 230,047 +3,672 +25,400
136
Screener Personnel, Compensation, and Benefits .. 3,523,547 3,526,680 3,679,068 +155,521 +152,388
Sfmt 6602
Screener Training and Other .................... . 243,605 226,829 241,241 -2,364 +14,412
Airport Management ............................... . 637,005 656,105 664,053 +27,048 +7,948
Canines .......................................... . 166,861 170,713 172,008 +5, 147 +1,295
Screening Technology Maintenance ... , ............. . 468,964 473,687 488,099 +19, 135 +14,412
Secure Flight ...................... , ............. . 115,657 117,903 118,458 +2, 801 +555
E:\HR\OC\HR458.XXX
--------- --------- -
. . -- - - - -
Subtotal, Aviation Screening Operations ...... . 5,382,014 5,376,564 5,592,974 +210,960 +216,410
HR458
Insert offset folio 68 here 40858.022
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Other Operations and Enforcement:
Inflight Security
Federal Air Marshals ........................... . 755,682 771,576 780,744 +25,062 +9, 168
Frm 00137
Federal Flight Deck Officer and Crew Training ... 24,606 16,975 20,154 -4,452 +3, 179
Aviation Regulation .............................. . 230,560 193,714 242,363 +11,803 +48,649
Air Cargo ........................................ . 105,497 108,332 109,423 +3,926 +1,091
Intelligence and TSOC ............................ . 76,972 77,168 77,951 +979 +783
Surface programs ................................. . 140,961 78,094 142,945 +1,984 +64, 851
Fmt 6602
Vetting Programs ................................. . 51,723 45,125 45,369 -6,354 +244
___________ ...................... _____ _. ....... __________ ......... ________ .., _____ ·-------------
Subtotal, Other Operations and Enforcement .. .. 1,386,001 1,290,984 1,418,949 +32,948 +127,965
137
Sfmt 6602
Mission Support .................................. . 912,550 901,871 915,484 +2,934 +13,613
--------------- --------------- --------------- -------------- --------------
Subtotal, Operations and Support (Gross) ..... . 7,680,565 7,569,419 7,927,407 +246,842 +357,988
Aviation Passenger Security Fees (offsetting
E:\HR\OC\HR458.XXX
collections) ................................ . -2,830,000 -2,940,000 -2,940,000 -110,000
Passenger Security Fee Increase (offsetting
collections) ( 1egi s1 ati ve proposal) ............. . -560,000 +560,000
----------- --- ------ -- ----- -----·-~---- .. -- -·----------·- ----------
Subtotal, Operations and Support (Net) ...... .. 4,850,565 4,069,419 4,987,407 +136,842 +917,988
HR458
Insert offset folio 69 here 40858.023
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Procurement, Construction, and Improvements:
Aviation Screening Infrastructure
Checkpoint Support ............................... . 70,100 28,893 130,000 +59,900 +101,107
Frm 00138
Checked Baggage .................................. . 40,000 4,492 24,492 -15,508 +20,000
Subtotal, Procurement, Construction, and
Improvements ............................... . 110,100 33,385 154,492 +44,392 +121, 107
Fmt 6602
Research and Development ............................. . 22,902 29,524 29,524 +6,622
Fee Funded Programs:
138
TWIC Fee ......................................... . (61,364) (69,500) (69,500) (+8, 136)
Sfmt 6602
Hazardous Materials Endorsement Fee., ............ . (18,600) (19,200) (19,200) (+600)
General Aviation at DCA Fee ...................... . (700) (600) (600) (-100)
Commercial Aviation and Airports Fee ............ .. (9,000) (9,000) (9,000)
Other Security Threat Assessments Fee ........... .. (50) (50) (50)
Air Cargo/Certified Cargo Screening Program Fee ... (5,000) (5,000) (5,000)
E:\HR\OC\HR458.XXX
TSA PreCheck Fee ................................. . (137,000) (250,614) (250,614) (+113, 614)
Alien Flight School Fee .......................... . (5,200) (5,500) (5,500) (+300)
--------------- --------------- --------------- -------------- --------------
Subtotal, Fee Funded Programs ................. .. (236,914) (359,464) (359,464) (+122,550)
HR458
Insert offset folio 70 here 40858.024
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Aviation Security Capital Fund (Mandatory) ........... . (250,000) (250,000) (250,000)
--------------- --------------- --------------- -------------- --------------
Total, Transportation Security Administration .. . 4,983,567 4,132,328 5,171,423 +187,856 +1 ,039,095
Frm 00139
(Discretionary Appropriations) ............... . (7,813,567) (7,632,328) (8,111,423) (+297,856) (+479,095)
(Offsetting Collections) ..................... . (-2,830,000) (-2,940,000) (-2,940,000) (-110,000)
(Offsetting Collections) (Legislative
Proposa 1 s) ................................. . (-560,000) (+560,000)
Fmt 6602
Aviation Security Capital Fund (mandatory) ..... . 250,000 250,000 250,000
Fee Funded Programs ............................ . 236,914 359,464 359,464 +122,550
139
Total Gross, Transportation Security
Sfmt 6602
Administration ............................... . 8,300,481 8,241,792 8,720,887 +420,406 +479,095
Coast Guard
Operations and Support:
E:\HR\OC\HR458.XXX
Military Pay and A11 owances ...................... . 4,023,053 4,157,388 4,109,424 +86, 371 -47,964
Civilian Pay and Benefits ........................ . 1,004,319 1,103,051 1,104,752 +100,433 +1,701
Training and Recruiting .......................... . 210,912 230,901 232,228 +21,316 +1,327
Operating Funds and Unit Level Maintenance ....... . 929,895 993,903 936, 119 +6,224 -57,784
Centrally Managed Accounts ......... ,., ... ,., ..... . 161,205 93,451 99,986 -61,219 +6,535
Intermediate and Depot Level Maintenance ......... . 1,517,191 1,654,587 1,713,240 +196,049 +58,653
Reserve Training ................................. . 124,696 130,714 128,306 +3,610 -2,408
Environmental Compliance and Restoration ......... . 19,982 13,745 21,212 +1,230 +7,467
HR458
Insert offset folio 71 here 40858.025
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Overseas Contingency Operations/Global War on
Terrorism (Defense) ............................ . 190,000 215,000 +25,000 +215,000
--------------- --------------- --------------- -------------- --------------
Frm 00140
Subtotal, Operations and Support ............. . 8,181,253 8,377,740 8,560,267 +379,014 +182,527
(Non-Defense) .............................. . (7,651,253) (7,847,740) (8,005,267) (+354,014) (+157 ,527)
(Defense) .................................. . (530,000) (530,000) (555,000) (+25,000) (+25,000)
(Overseas Contingency Operations/Global
War on Terrorism) ...................... . (190,000) (215,000) (+25,000) (+215,000)
Fmt 6602
(Other Defense) .......................... . (340,000) (530,000) (340,000) (-190,000)
Procurement, Construction, and Improvements:
140
Vessels:
Sfmt 6602
Survey and Design-Vessels and Boats .............. . 2,500 2,000 2,000 -500
In-Service Vessel Sustainment .................... . 91,400 82,600 82,600 -8,800
National Security Cutter ......................... . 160,500 31,000 31,000 -129,500
Offshore Patrol Cutter ........................... . 312,000 546,000 546,000 +234,000
Fast Response Cutter ............................. . 260,000 20,000 260,000 +240,000
E:\HR\OC\HR458.XXX
Cutter Boats ..................................... . 15,100 3,800 9,300 -5,800 +5,500
Polar Security Cutter ............................ . 135,000 555,000 555,000 +420,000
Inland Waterways and Western River Cutters ....... . 2,500 25,000 25,000 +22,500
Polar Sustainment. ............................... . 15,000 15,000 15,000
--------------- --------------- --------------- ---·---------- ---------
Subtotal, Vessels .............................. . 994,000 1,280,400 1,525,900 +531,900 +245,500
Aircraft:
HC-144 Conversion/Sustainment .................... . 17,000 14,000 14,000 -3,000
HR458
HC-27J Conversion/Sustainment .................... . 103,200 64,000 64,000 -39,200
HC-130J Acquisition/Conversion/Sustainment ....... . 105,000 10,000 120,000 +15,000 +110,000
HH-65 Conversion/Sustainment Projects ............ . 50,000 45,000 45,000 -5,000
Insert offset folio 72 here 40858.026
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 MH-60T Sustainment ............................... . 150,000 20,000 20,000 -130,000
Small Unmanned Aircraft Systems .................. . 9,400 600 600 ·8,800
Long Range Command and Control Aircraft .......... . 70,000 -70,000
Frm 00141
Subtotal, Aircraft ............................. . 504,600 153,600 263,600 -241,000 +110,000
Other Acquisition Programs:
Other Equipment and Systems ...................... . 3,500 3,500 3,500
Fmt 6602
Program Oversight and Management ................. . 20,000 20,000 20,000
C4ISR ..... , .................. · · ·. · ... · · · · · · · · · · · · · 25,156 15,260 15,260 -9,896
CG-Logistics Information Management System
141
(CG·LIMS) ...................................... . 6,400 1,100 1,100 ·5,300
Sfmt 6602
Cyber and Enterprise Mission Platform ............ . 14,200 16,500 16,500 +2,300
--------------- --------------- --------------- -------------- --------------
Subtotal, Other Acquisition Programs ........... . 69,256 56,360 56,360 ·12,896
Shore Facilities and Aids to Navigation:
E:\HR\OC\HR458.XXX
Major Construction; Housing; ATON; and Survey and
Design ......................................... . 77,550 74,900 241,100 +163,550 +166,200
Major Acquisition Systems Infrastructure ........ .. 122,100 66,831 66,831 -55,269
Minor Shore ...................................... . 5,000 5,000 5,000
Subtotal, Shore Facilities and Aids to
Navigation ................................... . 204,650 146,731 312,931 +108,281 +166,200
Subtotal, Procurement, Construction, and
HR458
Improvements ................................ . 1,772,506 1,637,091 2,158,791 +386,285 +521,700
Insert offset folio 73 here 40858.027
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Coast Guard Housing Fund Offset ...................... . -4,000 +4,000
Research and Development ............................. . 4,949 5,276 8,276 +3,327 +3,000
Health Care Fund Contribution (Permanent Indefinite
Frm 00142
Discretionary) ..................................... . 205,107 215,787 215,787 +10,680
Retired Pay (Mandatory) .............................. . 1,802,309 1,869,704 1,869,704 +67,395
Administrative Provisions
Fmt 6602
Coast Guard Housing Fund (Sec. 231) ................. .. 4,000 +4,000 +4,000
Coast Guard Housing Fund Offsetting Collections ...... . -4,000 -4,000 -4,000
142
Subtotal, Administrative Provisions ............ .
Sfmt 6602
Total , Coast Guard ............................. . 11,966,124 12,101,598 12,812,825 +846, 701 +711,227
(Discretionary Funding) ...................... . (10,163,815) (10,231,894) (10,943,121) (+779,306) (+711,227)
(Non-Defense) .............................. . (9,633,815) (9,701,894) ( 10, 388 , 121 ) (+754,306) (+686,227)
(Discretionary Appropriations) ........... . (9,633,815) (9,705,894) (10,392,121) (+758,306} (+686, 227)
E:\HR\OC\HR458.XXX
(Offsetting Collections) ................. . (-4,000) (-4,000) (-4,000)
(Defense) .................................. . (530,000) (530,000) (555,000) (+25,000) (+25,000)
(Overseas Contingency Operations/Global
War on Terrorism ) ..................... . (190,000) (215,000) (+25,000) (+215,000)
(Other Defense) .......................... . (340,000) (530,000) (340,000) (-190,000)
(Mandatory Funding) .......................... . (1,802,309) (1,869,704) (1,869,704) (+67,395)
-----~ --- - ...... - .......... ----------
Total Gross, Coast Guard ....................... . 11, 966,124 12,105,598 12,816,825 +850, 701 +711,227
HR458
Insert offset folio 74 here 40858.028
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 United States Secret Service 1/
Operations and Support:
Frm 00143
Protective Operations:
Protection of Persons and Faciities ........... .. 754,527 788,179 +33,652 +788,179
Protective Countermeasures ..................... . 61,756 68,293 +6,537 +68,293
Protective Intelligence ........................ . 49,955 52,475 +2,520 +52,475
Presidential Campaigns and National Special
Fmt 6602
Security Events .............................. . 155,199 83,725 -71,474 +83,725
--------------- --------------- --------------- -------------- --------------
Subtotal, Protective Operations ...... , ...... .. 1,021,437 992,672 -28,765 +992,672
143
Sfmt 6602
Field Operations:
Domestic and International Field Ope rat ions ...... . 667,600 701,766 +34,166 +701,766
Support for Missing and Exploited Children
Investigations ................................. . 6,000 6,000 +6,000
Support for Computer Forensics Training ......... .. 30,377 33,140 +2,763 +33, 140
E:\HR\OC\HR458.XXX
............. ____ -- - --------- ---- --- ,. ---- ......... -- - ----- ... - . -
Subtotal, Field Operations .................... .. 703,977 740,906 +36,929 +740,906
Basic and In-Service Training and Professional
Deve 1opment .................................... . 110,534 115,088 +4,554 +115,088
Mission Support .................................. . 500,453 519,887 +19,434 +519,887
---- --- ------ ----------- ---·----------- ---------- - .... --...... - -...... -
Subtotal, Operations and Support ............... . 2,336,401 2,368,553 +32, 152 +2,368,553
HR458
Insert offset folio 75 here 40858.029
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Procurement, Construction, and Improvements:
Protection Assets and Infrastructure ........... . 65,989 37,305 -28, 684 +37,305
Construction and Facility Improvements .......... .. 1,000 15,001 +14 ,001 +15,001
Frm 00144
Subtotal, Procurement, Construction, and
Improvements ................................. . 66,989 52,306 -14,683 +52,306
Research and Development ............................. . 12,455 11,937 -518 +11,937
Fmt 6602 Total, United States Secret Service ............ . 2,415,845 2,432,796 +16,951 +2,432,796
144
Sfmt 6602
Total, Title II, Security, Enforcement, and
Invest i gat i ans ................................ 42,361,474 41,719,781 42,243,077 -118,397 +523,296
(Discretionary Funding) ..................... (40,559,165) (39,850,077) (40,373,373) (-185,792) (+523,296)
(Non-Defense) ............................. (40,029,165) (39,320,077) (39,818,373) (-210,792) (+498,296)
(Discretionary Appropriations) .......... (42,665,165) (43,063,016) (42,989,312) (+324,147) (-73,704)
E:\HR\OC\HR458.XXX
(Offsetting Collections) ................ (-2,869,000) (-3, 182,939) (-3,182,939) (-313,939)
(Offsetting Collections)(Legislative
Proposa 1 s) ............................ (-560,000) (+560,000)
(Changes in Mandatory Programs) ......... (12,000) (+12,000) (+12,000)
(Defense) ................................. (530,000) (530,000) (555,000) (+25,000) (+25,000)
(Overseas Contingency Operations/Global
War on Terrorism) .................... (190,000) (215,000) (+25,000) (+215,000)
(Other Defense) ......................... (340,000) (530,000) (340,000) (-190,000)
(Mandatory Funding) ......................... (1,802,309) (1,869,704) (1,869,704) (+67,395)
HR458
Insert offset folio 76 here 40858.030
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Aviation Security Capital Fund (Mandatory) ..... . 250,000 250,000 250,000
Fee Funded Programs ............................ . 3,013,145 3,257,467 3,144,980 +131,835 -112,487
(Transfer out) ................................. . (-75,000) (- 75,000) (-75,000)
Frm 00145
Total Gross, Title II -Security, Enforcement,
and Investigations ........................... . 48,493,619 48,970, 187 48,733,996 +240, 377 -236,191
Fmt 6602
TITLE III · PROTECTION, PREPAREDNESS, RESPONSE, AND
RECOVERY
145
Cybersecurity and Infrastructure Security Agency
Sfmt 6602
Operations and Support:
Cybersecurity:
Cyber Readiness and Response ................... . 367,063 -367,063
Cyber Infrastructure Resilience ................ . 86,535 -86,535
E:\HR\OC\HR458.XXX
Federal Cybersecurity .......................... . 493,668 -493,668
Subtotal, Cybersecurity .................... . 947,266 -947,266
Cyber Operations:
Strategy and Performance ....................... . 3,434 3,378 +3,378 -56
Threat Hunting ................................. . 116,502 162,368 +162,368 +45,866
Vulnerability Management ....................... . 147,856 164,064 +164,064 +16,208
Capacity Building .............................. . 101,921 167,240 +167,240 +65,319
HR458
Operational Planning and Coordination .......... . 37,784 68,764 +68,764 +30,980
--------------- --------------- ---~~-·--·----- ~---- -------- --- ............. -
Subtotal, Cyber Operations ................. . 407,497 565,814 +565,814 +158,317
Insert offset folio 77 here 40858.031
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
ANO BUDGET REQUESTS ANO AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bi 11 vs. Bill vs.
Enacted Request Bi 11 Enacted Request
PO 00000
Technology and Services:
Cybersecuri ty Services ......................... . 7,870 9,944 +9,944 +2,074
Frm 00146
Continuous Diagnostics and Mitigation ......... .. 107,384 111,133 +111, 133 +3,749
National Cybersecurity Protection System ...... .. 278,924 301,057 +301,057 +22, 133
--------------- --------------- ----------·--- ---------- ---
Subtotal, Technology and Services ......... .. 394,178 422,134 +422, 134 +27,956
---- - ---- - --- -- - ---- ------- ---- ..........
Fmt 6602
Subtotal, Cybersecurity ...................... . 947,266 801,675 987,948 +40,682 +186,273
Infrastructure Protection:
146
Infrastructure Capacity Building ............... . 147,901 -147,901
Sfmt 6602
Infrastructure Security Compliance ............. . 75,511 -75,511
Infrastructure Assessments and Security:
Strategy and Performance ..................... . 1,969 2,294 +2,294 +325
Security Programs ............................ . 19,871 25,532 +25,532 +5,661
CISA Exercises ............................... . 12, 122 17,673 +17,673 +5,551
E:\HR\OC\HR458.XXX
Assessments and Infrastructure Information ... . 36,928 40,662 +40,662 +3,734
Bombing Prevention ........................... . 17,217 29,547 +29,547 +12,330
--------------- --------------- --------------- -------------- --------------
Subtotal, Infrastructure Assessments and
Security ............................... . 88,107 115,708 +115,708 +27,601
Chemical Security ............................... . 31,128 +31, 128 +31,128
Subtotal, Infrastructure Protection ........ . 223,412 88,107 146,836 -76,576 +58, 729
HR458
Insert offset folio 78 here 40858.032
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET {OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
{Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Emergency Communications:
Emergency Communications Preparedness .......... . 54,336 51,549 53,755 -583 +2,206
Priority Telecommunications Service:
Frm 00147
GETS/WPS/SRAS/TSP ............................ . 56,269 56,362 56,541 +272 +179
Next Generation Networks Priority Services ... . 8,394 8,519 8,600 +206 +81
--------------- --------------- --------------- -------------- --------------
Subtotal, Priority Telecommunications
Services ............................... . 64,663 64,681 65,141 +478 +260
Fmt 6602
-~------------- --------------- --------------- ------------ - ------·-- -- -
Subtotal, Emergency Communications, .......... . 119,001 116,430 118,696 -105 +2,466
147
Integrated Operations:
Sfmt 6602
Cyber and Infrastructure Analysis .............. . 109,901 -109,901
Critical Infrastructure Situational Awareness .. . 26,735 -26,735
(Defense) .................................. . (24,329) (-24,329)
Stakeholder Engagement and Requirements ........ . 42,511 -42,511
E:\HR\OC\HR458.XXX
(Defense) .................................. . {38,260) (-38,260)
Strategy, Policy and Plans ..................... . 12,726 -12,726
(Defense) .................................. . (8,399) (-8,399)
Regional Operations:
Coordination and Service Delivery............. 12,696 11,953 +11,953 -745
Security Advisors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62,407 81,520 +81,520 -887
Chemical Inspectors .......................... . 46,147 +46, 147 +46,147
HR458 Subtotal, Regional Operations............. 95,105 139,620 +139,620 +44,515
Insert offset folio 79 here 40858.033
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bi11 vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Operations Coordination and Planning:
Operations Center ............................ . 58,663 60,949 +60,949 +2,286
Intel 1 i gence ................................. . 4,761 4,698 +4,698 -63
Frm 00148
Planning and Readiness ....................... . 1,825 1,788 +1,788 -37
Business Continuity and Emergency Preparedness 6,339 6,627 +6,627 +288
Subtotal, Operations Coordination and
Planning. . . . .......................... . 71,588 74,062 +74,062 +2,474
Fmt 6602
------ --- --- ---- ------ -------------- ---------~---- ----- ---~----
Subtotal, Integrated Operations .............. . 191,873 166,693 213,682 +21,809 +46,989
148
Risk Management Operations:
Sfmt 6602
National Infrastructure Simulation Analysis
Center ....................................... . 9,055 27,849 +27,849 +18,794
Infrastructure Analysis ........................ . 77,263 132,395 +132,395 +55, 132
--------------- --------------- --------------- -------------- --------------
Subtotal, Risk Management Operations ....... . 86,318 160,244 +160,244 +73,926
E:\HR\OC\HR458.XXX
Stakeholder Engagement and Requirements:
Sector Specific Agency Management .............. . 14, 756 19,843 +19,843 +5,087
Counci 1 Management ............................. . 7,954 8,008 +8,008 +54
Stakeholder Engagement ......................... . 13,136 32,870 +32,870 +19,734
National Workforce Programs .................... .
International Affairs .......................... . 1,674 1,660 +1,660 -14
{Defense) .................................... . (1,105) (+1,096)
(1,096) ____ ., _________ (-9)
--- ----- ----- --------------- -------- ----- ------
HR458
Subtotal, Stakeholder Engagement and
Requirements ........................... . 37,520 62,381 +62,381 +24,861
Insert offset folio 80 here 40858.034
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
ANO BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands}
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Mission Support:
Mission Support ................................ . 84,677 103,725 116,813 +32, 136 +13,088
(Defense) ..................................... . (26,250) (45,328) (51,047) (+24 ,797) (+5,719)
Frm 00149
External Affairs ............................... . 7,371 7,362 +7,362 .9
(Defense) .................................... . (3,221) (3,217) (+3,217) (-4)
Privacy ........................................ . 2,829 2,819 +2,819 -10
(Defense) .................................... . (1,236) (1,232) (+1,232) (-4)
Strategy, Policy, and Plans .................... . 11,314 11,565 +11,565 +251
Fmt 6602
(Defense) .................................... . (7,467) (7,633) (+7,633) (+166)
National Ser-vices Support Facility Management .. . 1,739 13,611 +13,611 +11,872
(Defense) .................................... . (760) (5,948) (+5,948) (+5, 188)
149
Chief Technology Officer ....................... . 14,167 1,734 +1, 734 -12,433
Sfmt 6602
(Defense) .................................... . (6,191) (758) (+758) (-5,433)
--------------- --------------- --------------- -------------- --------------
Subtotal, Mission Support ............ . 84,677 141,145 153,904 +69,227 +12,759
--------------- --------------- --------------- -------------- --------------
Subtotal, Operations and Support ......... . 1,566,229 1,437,888 1,843,891 +277,662 +406,003
E:\HR\OC\HR458.XXX
Procurement, Construction, and Improvements:
Cybersecurity
Continuous Diagnostics and Mitigation ............ . 213,514 174,350 174,350 -39, 164
National Cybersecurity Protection System ......... . 165,838 91,170 139,016 -26,822 +47,846
--------------- --------------- --------------- -------------- --------------
Subtotal, Cybersecurity ...................... . 379,352 265,520 313,366 -65,986 +47,846
HR458
Insert offset folio 81 here 40858.035
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Emergency Communications:
Next Generation Networks Priority Services ....... . 50,729 41 , 158 66,258 +15,529 +25, 100
Frm 00150
Infrastructure Protection:
Infrastructure Protection (IP) Gateway .......... .. 4,881 6,801 16,801 +11,920 +10,000
Subtotal, Procurement, Construction, and
Improvements ................................. . 434,962 313,479 396,425 -38,537 +82,946
Fmt 6602 Research and Development:
Infrastructure Protection .......... , .............. .. 1,216 1,216 1,216
150
Integrated Operations .............................. . 13,215 5,215 13,215 +8,000
Sfmt 6602
Subtotal, Research and Development ............. . 14,431 6,431 14,431 +8,000
Total, Cybersecurity and Infrastructure Security
Agency ....................................... . 2,015,622 1,757,798 2,254,747 +239,125 +496,949
E:\HR\OC\HR458.XXX
(Non-Defense) .............................. . (69,411) (83,850) (91,260) (+21,849) (+7,410)
(Defense) ................................... . (1,946,211) (1,673,948) (2,163,487) (+217,276) (+489,539)
Federal Emergency Management Agency
Operations and Support:
Regional Operations ................................ . 165,277 178,911 176,008 +10, 731 ·2,903
Mitigation ......................................... . 41,113 43,539 43,185 +2,072 -354
Preparedness and Protection ........................ . 148,453 151,647 178,851 +30,398 +27,204
HR458
Insert offset folio 82 here 40858.036
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS ANO AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bi 11 Enacted Request
PO 00000 Response and Recovery:
Response ......................................... . 190,114 195,950 196,975 +6 ,861 +1,025
(Urban Search and Rescue) .................... . (37,832) (37,832) (+37,832)
Frm 00151
Recovery ... , ........ , .................. , ......... . 49,013 52,792 51,999 +2,986 -793
Mission Support. ........................... , ....... . 508,229 511,356 508,732 +503 -2,624
----~--~-
Subtotal, Operations and Support ............... . 1,102,199 1,134,195 1,155,750 +53,551 +21,555
(Defense) .................................. . (50,673) (49,155) (73,655) (+22,982) (+24,500)
Fmt 6602 Procurement, Construction, and Improvements:
Operational Communications/Information Technology ... 15,620 11,862 11,862 -3,758
151
Construction and Facility Improvements ............ .. 59,196 30,616 61,116 +1,920 +30,500
Sfmt 6602
Mission Support, Assets, and Infrastructure ...... . 58,547 44,025 49,375 -9, 172 +5,350
Subtotal, Procurement, Construction, and
Improvements ................. , ............... . 133,363 86,503 122,353 -11,010 +35,850
(Defense) .................................. . (46,116) (25,358) (55,858) (+9,742) (+30,500)
E:\HR\OC\HR458.XXX
Federal Assistance:
Grants:
State Homeland Security Grant Program ............ . 560,000 331,939 700,000 +140,000 +368,061
(Operation Stonegarden) ........................ . (90,000) (90,000) (+90,000)
(Tribal Security) ............................ , .. (15,000) (15,000) (+15,000)
(Nonprofit Security) ........ , .. , ... , ......... . (40,000) (180,000) (+140,000) (+180,000)
Urban Area Security Initiative ... , .......... ,., ... 665,000 426,461 795,000 +130,000 +368,539
(Nonprofit Security) ........................... . (50,000) (180,000) (+130,000) (+180,000)
HR458
Insert offset folio 83 here 40858.037
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bi 11 vs.
Enacted Request Bi 11 Enacted Request
PO 00000 Public Transportation Security Assistance ........ . 100,000 36,358 110,000 +10,000 +73,642
(Amtrak Security) .............................. . (10,000) (10,000) (+10,000)
(Over-the-Road Bus Security) ................... . (2,000) (3,000) (+1 ,000) (+3,000)
Frm 00152
Port Security Grants ............................. . 100,000 36,358 110,000 +10,000 +73,642
Assistance to Firefighter Grants ................. . 355,000 344,344 385,000 +30,000 +40,656
Staffing for Adequate Fire and Emergency Response
(SAFER) Grants ................................. . 355,000 344,344 385,000 +30,000 +40,656
Emergency Management Performance Grants .......... . 355,000 279,335 385,000 +30,000 +105,665
Fmt 6602
National Security and Resilience Grant Program ... . 406,909 -406,909
Flood Hazard Happing and Risk Analysis Program ... . 263,000 100,000 263,000 +163,000
Regional Catastrophic Preparedness Grants ........ . 10,000 -10,000
152
High Hazard Potential Dams ....................... . 10,000 -10, 000
Sfmt 6602
Emergency Food and Shelter ....................... . 125,000 150,000 +25,000 +150,000
Alternatives to Detention Case Management ........ . 75,000 +75,000 +75,000
Targeted Violence and Terrorism Prevention Grants. 20,000 20,000 +20,000
Targeted Violence and Terrorism Prevention Grants
(by transfer from OSEH) ........................ . (10,000) (-10 ,000)
E:\HR\OC\HR458.XXX
Subtotal, Grants, including transfer ....... . 2,908,000 2,326,048 3,378,000 +470,000 +1,051,952
HR458
Insert offset folio 84 here 40858.038
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bi 11 Enacted Request
PO 00000 Education, Training, and Exercises:
Center for Domestic Preparedness ............. . 66,796 67,326 67,209 +413 -117
Center for Homeland Defense and Security ..... . 18,000 18,000 +18,000
Frm 00153
Emergency Management Institute ............... . 20,998 20,229 21,868 +870 +1,639
U.S. Fire Administration ..................... . 46,844 49,716 49,038 +2, 194 -678
National Domestic Preparedness Consortium .... . 101,000 101,000 +101, 000
Continuing Training Grants ................... . 8,000 8,000 +8,000
National Exercise Program .................... . 18,829 19,233 19,254 +425 +21
Fmt 6602 Subtotal, Education, Training, and
Exercises .............................. . 280,467 156,504 284,369 +3,902 +127,865
--------------· --------------- --------------- -------------- -------------- 153
Sfmt 6602
Subtotal, Federal Assistance ................... . 3,188,467 2,482,552 3,662,369 +473,902 +1,179,817
(by transfer) ............................. . (10,000) (-10,000)
Disaster Relief Fund:
Base Disaster Relief ............................. . 511,147 593,417 593,417 +82, 270
E:\HR\OC\HR458.XXX
Disaster Relief Category ......................... . 17,352,112 5,059,949 5,059,949 -12, 292, 163
--------------- --------------- --------------- -------------- --------------
Subtotal, Disaster Relief Fund ............... . 17,863,259 5,653,366 5,653,366 -12,209,893
National Flood Insurance Fund:
Floodplain Management and Mapping ................ . 192,777 190,506 190,506 -2,271
Mission Support .................................. . 14,005 13,906 13,906 -99
Subtotal, National Flood Insurance Fund ..... .. 206,782 204,412 204,412 -2,370
HR458 Offsetting Fee Collections ...................... .. -206,782 -204,412 -204,412 +2,370
Insert offset folio 85 here 40858.039
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUOGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
{Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Radiological Emergency Preparedness Program:
Operating Expenses ............................... . 32,630 33,360 33,360 +730
Offsetting Collections ........................... . ·33,630 ·33,360 -33,360 +270
Frm 00154
--~-~---------- --------------- --------------~ --------------
Total, Federal Emergency Management Agency .... ,. 22,276,288 9,356,616 10,593,838 -11,682,450 +1,237,222
{Non-Defense) ................................ . (22,179,499) (9,282,103) (10,464,325) (-11,715,174) (+1, 182,222)
{Discretionary Appropriations) ............. . (5,067,799) (4,459,926) {5,642,148) (+574,349) (+1, 182,222)
(Offsetting Collections) ................... . (-240,412) (-237, 772) (-237, 772) (+2,640)
Fmt 6602
{Disaster Relief Category) ................. . (17,352,112) {5,059,949) (5,059,949) (-12, 292,163)
(Defense) .................................... . (96,789) (74,513) (129,513) {+32,724) (+55,000)
154
(By transfer) ................................ . {10,000) ( 10,000)
Sfmt 6602
Total Gross, Federal Emergency Management Agency 22,526,700 9,594,388 10,831,610 -11,695,090 +1,237,222
Total, Title III, Protection, Preparedness,
E:\HR\OC\HR458.XXX
Response, and Recovery ....................... . 24,291,910 11,114,414 12,848,585 -11,443,325 +1,734,171
(Non-Defense) ................................ . (22,248,910) (9,365,953) (10,555,585) (-11,693,325) (+1, 189,632)
(Discretionary Appropriations) ............. . (5,137,210) (4,543,776) (5,733,408) (+596, 198) (+1, 189,632)
(Offsetting Collections) ................... . (-240,412) (-237, 772) (-237,772) (+2,640)
(Disaster Relief Category) ................. . (17,352,112) (5,059,949) (5,059,949) ( -12, 292,163)
{Defense) .................................... . (2,043,000) (1,748,461) (2,293,000) (+250,000) (+544,539)
( By transfer) .............................. , , .. . (10,000) (-10, 000)
HR458
Total Gross, Title III • Protection,
Preparedness, Response, and Recovery ......... . 24,542,322 11,352,186 13,086,357 -11,455,965 +1 , 734, 171
Insert offset folio 86 here 40858.040
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bi 11 Enacted Request
PO 00000
TITLE IV - RESEARCH, DEVELOPMENT, TRAINING, AND
Frm 00155
SERVICES
U.S. Citizenship and Immigration Services
Operations and Support:
Fmt 6602
Employment Status Verification ................... . 122,395 118,676 118,170 -4,225 -506
Office of Citizenship ............................ . 8,807 +8,807 +8,807
Systematic Alien Verification for Entitlements
155
(SAVE) .. , .. , .. ,., ... ,,,,.,,.,,.,., .. , .. , ....... . 36,972 +36,972 +36,972
Sfmt 6602
--------------- --------------- --------------- -·------------ --------------
+45,273
Subtotal, Operations and Support ........... . 122,395 118,676 163,949 +41 ,554
Federal Assistance ................................... . 10,000 20,000 +10,000 +20,000
E:\HR\OC\HR458.XXX
Fee Funded Programs:
Immigration Examinations Fee Account:
Adjudication Services:
District Operations ............................ . (1,934,033) (2,044,162) (2,027,441) (+93,408) (-16,721)
(Immigrant Integration Grants) ............... . (10,000) (-10,000)
Service Center Operations .......... , ........... . (746,687) (826,737) (823,343) (+76,656) (-3,394)
Asylum, Refugee, and International Operations .. . (349,295) (372,392) (387,494) (+38, 199) (+15,102)
Records Operations ............................. . (155,150) (157,271) (156,935) (+1, 785) (-336)
Premium Processing (Including Transformation),,. (658,190) (666,725) (665,706) (+7,516) (-1, 019)
HR458
--------- . - . - .... ------- ----------- --- . -- ..... "'
Subtotal, Adjudication Services .... , ... , ....... . (3,843,355) (4,067,287) (4,060,919) (+217,564) ( ·6, 368)
Insert offset folio 87 here 40858.041
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS ANO AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Information and Customer Services:
Operating Expenses ............................. . (125,335) (125,452) (125,137) (-198) (-315)
Administration:
Frm 00156
Operating Expenses ............................. . (651,808) (632,106) (630,149) (-21,659) (-1 ,957)
Systematic Alien Verification for Entitlements
(SAVE) ......................................... . (34,868) (37,139) (-34, 868) (-37,139)
--------------- --------------- --------------- -------------- --------------
Subtotal, Immigration Examinations Fee Account .. (4,655,366) (4,861 , 984) (4,816,205) (+160,839) (-45,779)
Fmt 6602 H1-B Non-Immigrant Petititioner Account:
Adjudication Services:
156
Service Center Operations ............ , .. , ...... . (15,000) (20,000) (20,000) (+5,000)
Sfmt 6602
Fraud Prevention and Oetection Account:
Adjudication Services:
Oistrict Operations ............................ . (27,773) (28,703) (28,584) (+811) (-119)
Service Center Operations ...................... . (20,377) (20,878) (20,818) (+441) (-60)
E:\HR\OC\HR458.XXX
Asylum and Refugee Operating Expenses .......... . (308) (308) (308)
--------------- --------------- --------------- -------------- --------------
Subtotal, Fraud Prevention and Detection Account (48,458) (49,889) (49,710) (+1, 252) (-179)
............... ,.. ------
--- -- --- ------- ---- -- ------------ - ---------
Subtotal, Fee Funded Programs .................. . (4,718,824) (4,931,873) (4,885,915) (+167,091) (-45,958)
HR458
Insert offset folio 88 here 40858.042
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bi 11 Enacted Request
PO 00000 Administrative Provisions
H2-A Eligibility Expansion (AP 412) (Chi MP) .......... . 1,000 +1 ,000 +1,000
Frm 00157
Unused Visa Rollover Provision (AP 413) (ChiMP) ...... . 5,000 +5,000 +5,000
H-2B returning worker (AP 414) (Chi MP) ............... . 7,000 +7,000 +7,000
................... __________ ,. _______ --------------
Subtotal, Administrative Provisions ............ . 13,000 +13,000 +13,000
--------------- ---·---------- --------------
Fmt 6602
Total, U.S. Citizenship and Immigration Services 132,395 118,676 196,949 +64,554+78,273
(Discretionary Appropriations) ............... . (132,395) (118,676) (196,949) (+64 ,554) (+78,273)
(Changes in Mandatory Programs) .............. . (13,000) (+13,000) (+13,000)
157
Fee Funded Programs ............................ . 4,718,824 4,931,873 4,885,915 +167,091 -45,958
Sfmt 6602
Total Gross, U.S. Citizenship and Immigration
Services ..................................... . 4,851,219 5,050,549 5,069,864 +218,645 +19,315
federal Law Enforcement Training Centers
E:\HR\OC\HR458.XXX
Operations and Support:
Law Enforcement Training ......................... . 263,709 275,839 287,326 +23, 617 +11,487
Mission Support .................................. . 29,288 29,640 30,619 +1 ,331 +979
Subtotal, Operations and Support ............... . 292,997 305,479 317,945 +24,948 +12,466
Procurement, Construction, and Improvements:
Construction and Facility Improvements ........... . 58,173 26,000 26,000 -32, 173
HR458 Total, Federal Law Enforcement Training Centers. 351,170 331,479 343,945 -7,225 +12,466
Insert offset folio 89 here 40858.043
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
ANO BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Science and Technology Directorate
Operations and Support:
Frm 00158
Laboratory Facilities .............................. . 122,722 123,030 122,908 +186 -122
Acquisition and Operations Analysis ................ . 48,510 53,472 57,296 +8,786 +3,824
Mission Support .................................... . 143,632 108,287 122,958 -20,674 +14,671
--------------- --------------- --------------- -------------- --------------
Subtotal, Operations and Support ......... . 314,864 284,789 303,162 -11,702 +18,373
Fmt 6602 Procurement, Construction, and Improvements
Laboratory Facilities ........................... , .. , 18,927 18,927 +18,927
158
Research and Development:
Sfmt 6602
Research, Development, and Innovation .............. . 381,911 318,267 386,461 +4,550 +68, 194
University Programs ................................ . 40,500 21,746 46,761 +6,261 +25,015
--------------- --------------- --------------- -------------- --------------
Subtotal, Research and Development ............. . 422,411 340,013 433,222 +10,811 +93,209
--------------- --------------- --------------- -------------- --------------
E:\HR\OC\HR458.XXX
Total, Science and Technology Directorate ...... . 737,275 643,729 755,311 +18,036 +111,582
Countering Weapons of Mass Destruction Office
Operations and Support:
Mission Support ......................... , ........ . 85,380 83,485 82,987 -2,393 -498
Capabi 1 ity and Operations Support ................ . 94,087 89,390 96,990 +2,903 +7,600
----------~---- --------------- --------------- -------------- --------------
Subtotal, Operations and Support ............... . 179,467 172,875 179,977 +510 +7, 102
HR458
Insert offset folio 90 here 40858.044
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
ANO BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Procurement, Construction, and Improvements:
Large Scale Detection Systems .................... . 91,988 60,798 60,798 -31, 190
Portab 1e Detection Systems ....................... . 27,000 26,615 26,615 -385
Frm 00159
Subtotal, Procurement, Construction, and
Improvements ................................. . 118,988 87,413 87,413 -31,575
Research and Development:
Fmt 6602
Transformational R&D/Technical Forensics
Transformational R&D ........................... . 21,081 23,892 23,892 +2,811
Technical Forensics ............................ . 7,100 -7. 100
159
Sfmt 6602
Subtotal, Transformational R&D/Technical
Forensics ................................ . 28,181 23,892 23,892 -4,289
Detection Capability Development and Rapid
Capabilities:
E:\HR\OC\HR458.XXX
Detection Capability Development ............... . 33,000 24,317 24,317 -8,683
Rapid Capabilities ............................. . 8,000 10,000 10,000 +2,000
Subtotal, Detection Capability Development
and Rapid Capabilities ................... . 41,000 34,317 34,317 -6,683
Subtotal, Research and Development ............. . 69,181 58,209 58,209 -10,972
HR458
Insert offset folio 91 here 40858.045
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUOGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Federal Assistance:
Capability Building:
Training, Exercises, and Readiness ............. . 14,470 14,470 14,470
Frm 00160
Securing the Cities ............................ . 24,640 13,640 24,640 +11,000
Biological Support ............................. . 25,553 30,553 30,553 +5,000
Subtotal , Capabi 1 ity Building .............. . 64,663 58,663 69,663 +5,000 +11,000
Fmt 6602
Total, Countering Weapons of Mass Destruction .. 432,299 377,160 395,262 -37,037 +18,102
--------------
160
Total, Title IV, Research and Development,
Sfmt 6602
Training, and Services ....................... . 1,653,139 1,471,044 1,691,467 +38,328 +220,423
(Discretionary Appropriations) ............... . (1,653,139) (1,471,044) (1,678,467) (+25,328) (+207,423)
(Changes in Mandatory Programs) .............. . {13,000) (+13,000) (+13,000)
Fee Funded Programs ............................ . 4,718,824 4,931,873 4,885,915 +167,091 -45,958
E:\HR\OC\HR458.XXX
Total Gross, title IV, Research and Development,
Training, and Services ......................... . 6,371,963 6,402,917 6,564,382 +192,419 +161,465
HR458
Insert offset folio 92 here 40858.046
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 TITLE V - GENERAL PROVISIONS
Presidential Residence Protection Assistance (Sec.
Frm 00161
526) ............................................... . 41,000 41,000 +41,000
TSA Operations and Support (P.L. 116-6) (FY19)
(Rescission) ............................... , ....... . -42,379 +42,379
TSA Procurement, Construction, and Improvements (P.L.
116-6) (FY19) (Rescission) ......................... . -5 ,764 +5,764
Fmt 6602
Coast Guard PC&I (P.L. 116-93) (FY20) (Rescission) ... . -70,000 +70,000
Coast Guard ROT&E (P.L. 115-141) (FY18) (Rescission) .. -5,000 +5,000
CBP PC&I Border Barrier (P.L. 116-93) (FY20)
161
(Rescission) (Sec. 536) ............................ . -1,375,000 -1,375,000 -1,375,000
Sfmt 6602
CBP PC&I Electronic Health Records (P.L. 116-93)
(FY20) (Transfer out) (emergency) (Sec. 534) ....... . (-20,000) (-20 ,000) (-20,000)
CBP PC&! (FY18) (P.L. 115-141) (Rescission) .. . -20,000 +20,000
CBP O&S two year (FY19) (Rescission) ......... . -91 ,000 +91,000
CBP PC&I (FY19) (P.L. 116-6) (Rescission) .... . -38,000 +38,000
E:\HR\OC\HR458.XXX
CBP BSFIT 70X0533 (Rescission) (Sec. 536) .... . -5,000 -5,000 -5,000
CBP PC&I (Rescission) (Sec. 537) ............. . -50,000 -50,000 -50,000
CWMO PC&I (By transfer) (emergency) (Sec. 534) ....... . (20,000) (+20,000) (+20,000)
OHS Lapsed Balances (non-defense) (Rescission) ....... . -18,534 +18,534
FEMA Disaster Relief Fund (ORF) (Rescission) ......... , -300,000 +300,000
HR458
Insert offset folio 93 here 40858.047
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Migrant Protection prov1s1ons (ChiMP) (Sec. 533) ..... . 6,000 +6,000 +6,000
CBP Humanitarian Assistance (P.L. 116-26)(FY 19)
(rescission of emergency funding) .................. . -233,000 +233,000
Frm 00162
--------------- --------------- --------------- -------------- --------------
Total, Title V, General Provisions ............. . -712,677 -70,000 -1 ,383,000 -670,323 -1,313,000
(Discretionary Appropriations) ............... . (41,000) (47,000) (+6,000) (+47,000)
(Rescissions) ................................ . ( -520, 677) (-70, 000) (-1,380,000) (-859,323) (-1,310,000)
Fmt 6602
(Rescissions of Emergency Funding) ........... . (-233,000) (-50,000) (+183,000) (-50,000)
(By transfer) (Emergency) ...................... . 20,000 +20,000 +20,000
162
(Transfer out) (Emergency) ..................... . -20,000 -20,000 -20,000
Sfmt 6602
E:\HR\OC\HR458.XXX
HR458
Insert offset folio 94 here 40858.048
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014
04:24 Jul 23, 2020
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
Jkt 040858
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
PO 00000 Grand Total .......................................... . 69,810,421 56,637,661 57,814,653 -11,995,768 +1, 176,992
(Discretionary Funding) .......................... . (68,008,112) (54,767,957) (55,944,949) ( -12, 063, 163) ( +1 , 176,992)
(Non-Defense) ................................ . (65,435,112) (52,489,496) (53,096,949) ( -12, 338,163) (+607,453)
Frm 00163
(Appropriations) ........................... . (53,273,019) (53,069,006) (54,445,459) (+1, 172,440) (+1,376,453)
(Emergency Appropriations) ................. . (233,000) (-233,000)
(Offsetting Collections) ................... . (-4,669,342) (-5,009,459) (-5,009,459) ( -340, 117)
(Offsetting Collections)(legislative
proposal) ................................ . (-560,000) (+560,000)
Fmt 6602
(Disaster Relief Category) ................. . (17,352,112) (5,059,949) (5,059,949) ( ·12, 292,163)
(Changes in Mandatory Programs) ............ . 31,000 +31,000 +31,000
(Rescissions) .............................. . (-520,677) (-70,000) ( -1 , 380,000) (-859,323) (-1,310,000)
163
(Rescissions of Emergency Funding) ......... . (-233,000) (-50,000) (+183,000) (-50,000)
Sfmt 6602
(Defense) ................................... . (2,573,000) (2,278,461) (2,848,000) (+275,000) (+569,539)
(Overseas Contingency on Operations/Global
War on Terrorism) ........................ . (190,000) (215,000) (+25,000) (+215,000)
(Other Defense) ............................ . (2,383,000) (2,278,461) (2,633,000) (+250,000) (+354,539)
(Mandatory Funding) .............................. . (1,802,309) {1,869,704) (1,869,704) (+67,395)
E:\HR\OC\HR458.XXX
( By transfer) ........................................ . 10,000 -10,000
(By transfer) (emergency) ............................ . 20,000 +20,000 +20,000
(Transfer out) ....................................... . -10, 000 -75,000 -65,000 -75,000
(Transfer out) (emergency) ........................... . -20,000 -20,000 -20,000
Aviation Security Capital Fund ..................... '.'' 250,000 250,000 250,000
Fee Funded Programs .................................. . 7,731,969 8,189,340 8,030,895 +298,926 -158,445
Total Gross, Grand Total ............................. . 82,461,732 70,646,460 70,999,007 -11,462,725 +352,547
HR458 1/ The President's Budget proposes funding the Secret
Service in the Financial Services Bill
Insert offset folio 95 here 40858.049
MINORITY VIEWS
The Department of Homeland Security is charged with the crit-
ical mission to ‘‘safeguard the American people, our homeland, and
our values.’’ Even while facing the challenge of operating during a
global pandemic, the men and women of the Department have
faithfully executed their duties at the ports of entry, along the bor-
der, at sea, and in our communities—responding to emergencies
and saving lives across the nation. We all care about the safety and
security of the people in our country and the people at the Depart-
ment, and many of the investments in this bill reflect that shared
concern.
We thank Chairwoman Lowey and Subcommittee Chairwoman
Roybal-Allard for their support for many of the programs necessary
to keep our country safe. We endorse the funding levels that are
proposed in this bill for the Coast Guard, the Cybersecurity and In-
frastructure Security Agency, the Transportation Security Adminis-
tration, the Secret Service, the Federal Emergency Management
Agency, and all the components of the Department. We appreciate
that these agencies were prioritized under the allocation provided.
Unfortunately, in the places where we disagree, the differences
are vast, and in its current form, we cannot support the bill. Starv-
ing agencies of necessary funds not only puts our communities at
risk, but also risks the safety of government employees, as well as
the migrants in their custody and care.
This bill denies funds requested for border barriers in fiscal year
2021. It also rescinds the entire $1,375,000,000 provided for this
purpose in fiscal year 2020, effectively nullifying the bipartisan, bi-
cameral conference agreement. It ties the hands of the Department
of Homeland Security and other departments by restricting their
ability to direct funds toward additional construction of border bar-
riers, if needed.
This bill provides insufficient funds for U.S. Immigration and
Customs Enforcement (ICE) and further constrains the agency by
limiting funds for detention and withholding funds during the pub-
lic health measures ordered to keep our country safe. ICE will be
so constrained they may not be able to deport criminals from our
communities.
In addition to the lack of funds for border infrastructure and im-
migration enforcement, this bill contains riders that prevent the
Department from enforcing the laws of our nation and includes au-
thorizing provisions outside of the Committee’s jurisdiction that
lack the proper vetting and consideration. Most notably, an amend-
ment adopted on a straight party-line vote prohibits funds from im-
plementing almost every action taken by the Administration to ad-
dress illegal immigration and fraudulent asylum claims. Other
amendments change visa rules and distributions either by funding
SSpencer on DSKJLSW7X2PROD with REPORTS
limitations or direction to the Department.
(164)
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00164 Fmt 6604 Sfmt 6604 E:\HR\OC\HR458.XXX HR458
165
Immigration issues should be addressed in a thoughtful manner
by the authorizing committees of jurisdiction in both the House and
the Senate, and not through an ad hoc collection of legislative pro-
visions and funding limitations in an appropriations bill.
Our commitment to the American people to ensure the Depart-
ment of Homeland Security has adequate funds to continue its mis-
sion and uphold and enforce the laws of our nation is unwavering.
We remain optimistic that we will be able to work together to ad-
dress these issues and funding requirements in a bill that will be
signed by the President.
KAY GRANGER.
CHUCK FLEISCHMANN.
Æ
SSpencer on DSKJLSW7X2PROD with REPORTS
VerDate Sep 11 2014 04:24 Jul 23, 2020 Jkt 040858 PO 00000 Frm 00165 Fmt 6604 Sfmt 6611 E:\HR\OC\HR458.XXX HR458
File and source
- File
- CRPT_crpt-116hrpt458_crpt-116hrpt458.pdf
- Size
- 3,460,673 bytes
- SHA-256
- 58b69843cb22ba54d0a4b00d8769e536aefedde6a54afe49409b5e2ca63a50fd
- Original
- www.govinfo.gov