Bill Summary
This legislation outlines the budget allocations for the Department of Homeland Security for fiscal year 2020, including various agencies and programs such as the Transportation Security Administration, Coast Guard, and Immigration and Customs Enforcement. It also includes administrative provisions and restrictions on the use of funds for certain purposes. This segment also addresses various issues related to national security and immigration, such as the protection of individuals and the use of funds for detention centers and law enforcement training.
Possible Impacts
1. The funding allocated in this legislation will allow for the construction of pedestrian fencing and border security technologies, which will impact those living near the border who may see changes to their daily lives and routines.
2. The provision prohibiting the use of funds to remove a child from their parent or legal guardian for the purpose of deterring migration will directly affect families seeking asylum and could potentially prevent the separation of families.
3. The restrictions on first-class travel for employees and limitations on hiring certain workers will impact the Department of Homeland Security's operations and could potentially affect the efficiency and effectiveness of their work.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2582 Reported in Senate (RS)]
<DOC>
Calendar No. 229
116th CONGRESS
1st Session
S. 2582
[Report No. 116-125]
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2020, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 26, 2019
Mrs. Capito, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2020, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Homeland Security for the fiscal
year ending September 30, 2020, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $160,369,000, of which
$10,000,000 shall be transferred to the Federal Emergency Management
Agency for targeted violence and terrorism prevention grants:
Provided, That not to exceed $30,000 shall be for official reception
and representation expenses.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, $1,174,209,000: Provided, That not to exceed $2,000 shall
be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $41,442,000, to remain
available until September 30, 2022.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Operations Coordination for operations and support,
$276,641,000, of which $68,579,000 shall remain available until
September 30, 2021: Provided, That not to exceed $3,825 shall be for
official reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with secure space
at fusion centers, including improvements to buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General for
operations and support, $170,186,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
Sec. 101. Not later than 30 days after the last day of each month,
the Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report that
includes total obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and activity
levels, by the source year of the appropriation.
Sec. 102. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2020, to the Inspector General of the
Department of Homeland Security listing all grants and contracts
awarded by any means other than full and open competition during fiscal
years 2019 and 2020.
(b) The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15, 2021.
Sec. 103. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes, which shall be
specified in terms of cost, schedule, and performance.
Sec. 104. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9705(g)(4)(B) of
title 31, United States Code, from the Department of the Treasury
Forfeiture Fund to any agency within the Department of Homeland
Security: Provided, That none of the funds identified for such a
transfer may be obligated until the Committees on Appropriations of the
Senate and the House of Representatives are notified of the proposed
transfers.
Sec. 105. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
Sec. 106. Section 107 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
visa overstay data, shall apply in fiscal year 2020, except that the
reference to ``this Act'' shall be treated as referring to this Act,
and the reference to ``2017'' shall be treated as referring to
``2019''.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
minor aliens; the provision of air and marine support to Federal,
State, local, and international agencies in the enforcement or
administration of laws enforced by the Department of Homeland Security;
at the discretion of the Secretary of Homeland Security, the provision
of such support to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts; the purchase and lease
of up to 7,500 (6,500 for replacement only) police-type vehicles; the
purchase, maintenance, or operation of marine vessels, aircraft, and
unmanned aerial systems; and contracting with individuals for personal
services abroad; $12,364,210,000; of which $3,274,000 shall be derived
from the Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant to
section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $2,000,000,000
shall be available until September 30, 2021; and of which such sums as
become available in the Customs User Fee Account, except sums subject
to section 13031(f)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from
that account: Provided, That not to exceed $34,425 shall be for
official reception and representation expenses: Provided further, That
not to exceed $150,000 shall be available for payment for rental space
in connection with preclearance operations: Provided further, That not
to exceed $2,000,000 shall be for awards of compensation to informants,
to be accounted for solely under the certificate of the Secretary of
Homeland Security.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurements to
buy marine vessels, aircraft, and unmanned aerial systems,
$5,478,073,000, of which $378,480,000 shall remain available until
September 30, 2022, and of which $5,099,593,000 shall remain available
until September 30, 2024.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas
vetted units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $8,338,741,000; of which
$6,000,000 shall remain available until expended for efforts to enforce
laws against forced child labor; of which $46,696,000 shall remain
available until September 30, 2021; of which $1,500,000 is for paid
apprenticeships for participants in the Human Exploitation Rescue
Operative Child-Rescue Corps; of which not less than $15,000,000 shall
be available for investigation of intellectual property rights
violations, including operation of the National Intellectual Property
Rights Coordination Center; and of which not less than $4,743,764,000
shall be for enforcement, detention, and removal operations, including
transportation of unaccompanied minor aliens: Provided, That not to
exceed $11,475 shall be for official reception and representation
expenses: Provided further, That not to exceed $10,000,000 shall be
available until expended for conducting special operations under
section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081):
Provided further, That not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security: Provided further,
That not to exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled aliens unlawfully present in
the United States.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $28,770,000, to remain
available until September 30, 2022; of which not less than $20,970,000
shall be available for facilities repair and maintenance projects.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $7,489,721,000, to remain
available until September 30, 2021: Provided, That not to exceed
$7,650 shall be for official reception and representation expenses:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2020 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $4,659,721,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$210,623,000, to remain available until September 30, 2022.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $22,902,000, to remain
available until September 30, 2021.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and
support including the Coast Guard Reserve; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of not more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase, lease, or improvements of boats necessary for overseas
deployments and activities; payments pursuant to section 156 of Public
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $8,102,466,000, of which $530,000,000 shall be for defense-
related activities, of which $190,000,000 is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 and shall be available only if the President
subsequently so designates all such amounts and transmits such
designates to the Congress; of which $24,500,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of
which $11,000,000 shall remain available until September 30, 2022; and
of which $20,548,000 shall remain available until September 30, 2024,
for environmental compliance and restoration: Provided, That not to
exceed $23,000 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment
related thereto, $1,517,506,000, to remain available until September
30, 2024, of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation
of facilities and equipment; $4,949,000, to remain available until
September 30, 2022, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,802,309,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652
vehicles for police-type use for replacement only; hire of passenger
motor vehicles; purchase of motorcycles made in the United States; hire
of aircraft; rental of buildings in the District of Columbia; fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control, as may be necessary to
perform protective functions; conduct of and participation in firearms
matches; presentation of awards; conduct of behavioral research in
support of protective intelligence and operations; payment in advance
for commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$2,277,110,000; of which $39,763,000 shall remain available until
September 30, 2021, and of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
and of which up to $9,000,000 may be for calendar year 2019 premium pay
in excess of the annual equivalent of the limitation on the rate of pay
contained in section 5547(a) of title 5, United States Code, pursuant
to section 2 of the Overtime Pay for Protective Services Act of 2016 (5
U.S.C. 5547 note), as amended by Public Law 115-383: Provided, That
not to exceed $19,125 shall be for official reception and
representation expenses: Provided further, That not to exceed $100,000
shall be to provide technical assistance and equipment to foreign law
enforcement organizations in criminal investigations within the
jurisdiction of the United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $56,289,000, to remain
available until September 30, 2022.
research and development
For necessary expenses of the United States Secret Service for
research and development, $15,955,000, to remain available until
September 30, 2021, of which up to $5,000,000 shall be for assistance
to university-based digital investigation centers.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
overtime compensation limitations, shall apply with respect to funds
made available in this Act in the same manner as such section applied
to funds made available in that Act, except that ``fiscal year 2020''
shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico in addition to
funding provided by section 740 of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 204. For an additional amount for ``U.S. Customs and Border
Protection--Operations and Support'', $31,000,000, to remain available
until expended, to be reduced by amounts collected and credited to this
appropriation in fiscal year 2020 from amounts authorized to be
collected by section 286(i) of the Immigration and Nationality Act (8
U.S.C. 1356(i)), section 10412 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade
Facilitation and Trade Enforcement Act of 2015 (Public Law 114-25), or
other such authorizing language: Provided, That to the extent that
amounts realized from such collections exceed $31,000,000, those
amounts in excess of $31,000,000 shall be credited to this
appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to section
501(b) of title 46, United States Code, for the transportation of crude
oil distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate measures
to ensure the use of United States flag vessels: Provided, That the
Secretary shall notify the Committees on Appropriations of the Senate
and the House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives within 2 business
days of any request for waivers of navigation and vessel-inspection
laws pursuant to section 501(b) of title 46, United States Code, with
respect to such transportation, and the disposition of such requests.
Sec. 207. (a) Beginning on the date of enactment of this Act, the
Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means a fee
that every pedestrian, cyclist, and driver and passenger of a private
motor vehicle is required to pay for the privilege of crossing the
Southern border or the Northern border at a land port of entry.
Sec. 208. Not later than 90 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit an
expenditure plan for the amounts made available for ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' to the
Committees on Appropriations of the Senate and the House of
Representatives: Provided, That no such amounts may be obligated prior
to the submission of such plan.
Sec. 209. (a) Of the total amount made available under ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'', $5,478,073,000 shall be available only as follows:
(1) $5,000,000,000 is for the construction of pedestrian
fencing;
(2) $164,906,000 is for the acquisition and deployment of
border security technologies and trade and travel assets and
infrastructure, to include $59,124,000 for non-intrusive
inspection equipment at ports of entry; and
(3) $99,593,000 is for construction and facility
improvements, to include $6,000,000 for Office of Air and
Marine facilities, $22,346,000 for Office of Field Operations
facilities, and $71,229,000 for Border Patrol facility
improvements.
(4) $197,901,000 is for integrated operations assets and
infrastructure for airframes, sensors and watercraft; and
(5) $15,673,000 is for revenue modernization activities.
(b) The amounts designated in subsection (a)(1) shall only be
available for operationally effective designs deployed as of the date
of the Consolidated Appropriations Act, 2017 (Public Law 115-31), such
as currently deployed steel bollard designs, that prioritize agent
safety.
(c) Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall submit to the Committees
on Appropriations of the Senate and the House of Representatives, and
the Comptroller General of the United States an updated risk-based plan
for improving security along the borders of the United States that
includes the elements required under subsection (a) of section 231 of
division F of the Consolidated Appropriations Act, 2018 (Public Law
115-141), which shall be evaluated in accordance with subsection (b) of
such section.
Sec. 210. None of the funds made available by this Act or prior
Acts are available for the construction of pedestrian fencing--
(1) within the Santa Ana Wildlife Refuge;
(2) within the Bentsen-Rio Grande Valley State Park;
(3) within La Lomita Historical park;
(4) within the National Butterfly Center; or
(5) within or east of the Vista del Mar Ranch tract of the
Lower Rio Grande Valley National Wildlife Refuge.
Sec. 211. Funds made available in this Act may be used to alter
operations within the National Targeting Center of U.S. Customs and
Border Protection: Provided, That none of the funds provided by this
Act, provided by previous appropriations Acts that remain available for
obligation or expenditure in fiscal year 2020, or provided from any
accounts in the Treasury of the United States derived by the collection
of fees available to the components funded by this Act, may be used to
reduce anticipated or planned vetting operations at existing locations
unless specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 212. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
within and transfer funds to ``U.S. Immigration and Customs
Enforcement--Operations and Support'' as necessary to ensure the
detention of aliens prioritized for removal.
Sec. 213. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue a delegation of law enforcement authority authorized
under section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 214. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue any contract for the provision of detention services
if the two most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
Sec. 215. (a) None of the funds provided by this Act or any other
Act, or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the components funded by
this Act, may be used by the Secretary of Homeland Security to place in
detention, remove, refer for a decision whether to initiate removal
proceedings, or initiate removal proceedings against a sponsor,
potential sponsor, or member of a household of a sponsor or potential
sponsor of an unaccompanied alien child (as defined in section 462(g)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) based on
information shared by the Secretary of Health and Human Services.
(b) Subsection (a) shall not apply if a background check of a
sponsor, potential sponsor, or member of a household of a sponsor or
potential sponsor reveals--
(1) a felony conviction or pending felony charge that
relates to--
(A) an aggravated felony (as defined in section
101(a)(43) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(43)));
(B) child abuse;
(C) sexual violence or abuse; or
(D) child pornography;
(2) an association with any business that employs a minor
who--
(A) is unrelated to the sponsor, potential sponsor,
or member of a household of a sponsor or potential
sponsor; and
(B) is--
(i) not paid a legal wage; or
(ii) unable to attend school due to the
employment; or
(3) an association with the organization or implementation
of prostitution.
Sec. 216. Not later than 7 days after the date of enactment of
this Act and weekly thereafter, the Director of U.S. Immigration and
Customs Enforcement shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, and make available on a
publicly accessible website, a report detailing--
(1) data on aliens detained; including average fiscal year-
to-date daily populations of aliens detained; daily counts of
the number of aliens detained as of the date of each report;
total fiscal year-to-date book-ins; and average lengths of stay
of aliens detained (including average post-determination length
of stay in the case of detainees described in subparagraph (B))
for--
(A) single adults and for members of family units
detained in the custody of U.S. Immigration and Customs
Enforcement, disaggregated by whether the detainees
were--
(i) transferred to the custody of U.S.
Immigration and Customs Enforcement by U.S.
Customs and Border Protection after being
deemed inadmissible at a port of entry or after
being apprehended within 14 days of entering
the United States; or
(ii) arrested by U.S. Immigration and
Customs Enforcement;
(B) detainees in the custody of U.S. Immigration
and Customs Enforcement who are determined to have a
credible or reasonable fear of--
(i) persecution, as defined in section
235(b)(1)(B)(v) of the Immigration and
Nationality Act; or
(ii) torture, as defined in section 208.30
of title 8, Code of Federal Regulations (as in
effect on January 1, 2018);
(C) detainees in the custody of U.S. Immigration
and Customs Enforcement who have been issued a Notice
to Appear pursuant to section 239 of the Immigration
and Nationality Act, disaggregated by single adults and
members of family units; and
(2) the total number of enrollees in the Alternatives to
Detention program and the average length of participation,
disaggregated by--
(A) single adults and family heads of household;
(B) participants in the family case management
program;
(C) level of supervision; and
(D) the locations of supervision, by field office.
Sec. 217. Members of the United States House of Representatives
and the United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
Sec. 218. Any award by the Transportation Security Administration
to deploy explosives detection systems shall be based on risk, the
airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness.
Sec. 219. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2020, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives
detection systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section 44923(a) of
such title.
Sec. 220. None of the funds made available by this or any other
Act may be used by the Administrator of the Transportation Security
Administration to implement, administer, or enforce, in abrogation of
the responsibility described in section 44903(n)(1) of title 49, United
States Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area of any
airport at which the Transportation Security Administration provided
such monitoring as of December 1, 2013.
Sec. 221. Not later than 30 days after the submission of the
President's budget proposal, the Administrator of the Transportation
Security Administration shall submit to the Committees on
Appropriations and Commerce, Science, and Transportation of the Senate
and the Committees on Appropriations and Homeland Security in the House
of Representatives a single report that fulfills the following
requirements:
(1) a Capital Investment Plan (CIP) that includes a plan
for continuous and sustained capital investment in new, and the
replacement of aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of 2002,
as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening
Technologies report as required by the Senate Report
accompanying the Department of Homeland Security Appropriations
Act, 2019 (S. Rpt. 115-283).
Sec. 222. None of the funds made available by this Act under the
heading ``Coast Guard--Operations and Support'' shall be for expenses
incurred for recreational vessels under section 12114 of title 46,
United States Code, except to the extent fees are collected from owners
of yachts and credited to the appropriation made available by this Act
under the heading ``Coast Guard--Operations and Support'': Provided,
That to the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and there
is a backlog of recreational vessel applications, personnel performing
non-recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 223. Without regard to the limitation as to time and
condition of subsection (d) of section 503 of this Act, after June 30,
up to $10,000,000 may be reprogrammed to or from the Military Pay and
Allowances funding category within ``Coast Guard--Operations and
Support'' in accordance with subsection (a) of section 503 of this Act.
Sec. 224. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under
the heading ``Coast Guard--Acquisition, Construction, and
Improvements'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such heading.
Sec. 225. Funds made available for Overseas Contingency
Operations/Global War on Terrorism under the heading ``Coast Guard--
Operations and Support'' may be allocated by program, project, and
activity, notwithstanding section 503 of this Act.
Sec. 226. None of the funds in this Act shall be used to reduce
the Coast Guard's Operations Systems Center mission or its government-
employed or contract staff levels.
Sec. 227. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 228. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 229. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 230. None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security: Provided, That the Director
of the United States Secret Service may enter into agreements to
provide such protection on a fully reimbursable basis.
Sec. 231. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 232. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for travel of
United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the Senate and the House
of Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 233. (a) No funds shall be used for an agent or officer of
U.S. Customs and Border Protection to remove a child from his or her
parent or legal guardian, at or near the port of entry or within 100
miles of the border of the United States, unless one of the following
has occurred:
(1) A State court, authorized under State law, terminates
the rights of a parent or legal guardian, determines that it is
in the best interests of the child to be removed from his or
her parent or legal guardian, in accordance with the Adoption
and Safe Families Act of 1997 (Public Law 105-89), or makes any
similar determination that is legally authorized under State
law.
(2) An official from the State or county child welfare
agency with expertise in child trauma and development makes a
best interests determination that it is in the best interests
of the child to be removed from his or her parent or legal
guardian because the child is in danger of abuse or neglect at
the hands of the parent or legal guardian, or is a danger to
herself or others.
(3) The Chief Patrol Agent or the Area Port Director in
their official and undelegated capacity, authorizes separation
upon the recommendation by an agent or officer of U.S. Customs
and Border Protection, based on a finding that--
(A) the child is a victim of trafficking or is at
significant risk of becoming a victim of trafficking;
(B) there is a strong likelihood that the adult is
not the parent or legal guardian of the child;
(C) the child is in danger of abuse or neglect at
the hands of the parent or legal guardian, or is a
danger to themselves or others; or
(D) other reasons recognized under the preliminary
injunction in Ms. L v. ICE and agreed upon between the
Department of Homeland Security, the Department of
Health and Human Services, and the American Civil
Liberties Union including:
(i) criminal history; and
(ii) communicable diseases.
(b) No funds shall be used to remove a child from a parent or legal
guardian solely for the policy goal of deterring individuals from
migrating to the United States or for the policy goal of promoting
compliance with civil immigration laws.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $1,579,917,000, of which
$18,650,000 shall remain available until September 30, 2021: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$428,052,000, to remain available until September 30, 2022.
research and development
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $9,431,000, to remain
available until September 30, 2021.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,124,190,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $131,863,000, of which
$74,167,000 shall remain available until September 30, 2022, and of
which $57,696,000 shall remain available until September 30, 2024.
federal assistance
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $2,948,012,000, which shall be allocated as
follows:
(1) $525,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002
(6 U.S.C. 605), of which $90,000,000 shall be for Operation
Stonegarden, $15,000,000 shall be for Tribal Homeland Security
Grants under section 2005 of the Homeland Security Act of 2002
(6 U.S.C. 606), and $10,000,000 shall be for organizations (as
described under section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such code)
determined by the Secretary of Homeland Security to be at high
risk of a terrorist attack: Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2020,
the Commonwealth of Puerto Rico shall make available to local
and tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $600,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $50,000,000 shall be for organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such
code) determined by the Secretary of Homeland Security to be at
high risk of a terrorist attack.
(3) $100,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be
for Amtrak security and $2,000,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(4) $100,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(5) $710,000,000, to remain available until September 30,
2021, of which $355,000,000 shall be for Assistance to
Firefighter Grants and $355,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
(6) $355,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of
title 6, United States Code, and Reorganization Plan No. 3 of
1978 (5 U.S.C. App.).
(7) $147,531,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance
Fund, and such additional sums as may be provided by States or
other political subdivisions for cost-shared mapping activities
under section 1360(f)(2) of the National Flood Insurance Act of
1968 (42 U.S.C. 4101(f)(2)), to remain available until
expended.
(8) $10,000,000 for Regional Catastrophic Preparedness
Grants.
(9) $10,000,000 for Rehabilitation of High Hazard Potential
Dams under section 8A of the National Dam Safety Program Act
(33 U.S.C. 467f-2).
(10) $120,000,000 for the emergency food and shelter
program under title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331), to remain available until
expended: Provided, That not to exceed 3.5 percent shall be
for total administrative costs.
(11) $270,481,000 to sustain current operations for
training, exercises, technical assistance, and other programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$17,826,684,000, to remain available until expended: Provided, That of
the amount provided under this heading, $17,352,000,000 shall be for
major disasters declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is
designated by the Congress as being for disaster relief pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That $250,000,000 of the
amounts provided under this heading in this Act shall be derived from
unobligated balances from prior year appropriations available under
this heading: Provided further, That none of the amounts derived from
unobligated balances in the previous proviso shall be from amounts that
were designated by the Congress as being for an emergency requirement
pursuant to a Concurrent Resolution on the budget or section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 or as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
1020), $206,166,000, to remain available until September 30, 2021,
which shall be derived from offsetting amounts collected under section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $13,906,000 shall be available for mission support
associated with flood management; and of which $192,260,000 shall be
available for flood plain management and flood mapping: Provided, That
any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as offsetting collections to this account, to be available for
flood plain management and flood mapping: Provided further, That in
fiscal year 2020, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) in excess of--
(1) $192,439,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,151,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act (42
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That
total administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
Sec. 301. Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (4) under ``Federal Emergency Management
Agency--Federal Assistance'', may be used by the grantee for expenses
directly related to administration of the grant.
Sec. 302. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (4), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days after the
grant announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of an
application.
Sec. 303. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(4), (8), and (9), the Administrator of the Federal Emergency
Management Agency shall brief the Committees on Appropriations of the
Senate and the House of Representatives 5 full business days in advance
of announcing publicly the intention of making an award.
Sec. 304. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 305. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4) shall be applied in fiscal year 2020 with
respect to budget year 2021 and current fiscal year 2020,
respectively--
(1) in paragraph (1) by substituting ``fiscal year 2021''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 306. The aggregate charges assessed during fiscal year 2020,
as authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program for the
next fiscal year: Provided, That the methodology for assessment and
collection of fees shall be fair and equitable and shall reflect costs
of providing such services, including administrative costs of
collecting such fees: Provided further, That such fees shall be
deposited in a Radiological Emergency Preparedness Program account as
offsetting collections and will become available for authorized
purposes on October 1, 2020, and remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support of the E-Verify Program, $121,586,000.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $304,586,000, of which $61,391,000 shall remain available
until September 30, 2021: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training
Centers for procurement, construction, and improvements, $46,349,000,
to remain available until September 30, 2024.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate
for operations and support, including the purchase or lease of not to
exceed 5 vehicles, $294,715,000, of which $162,633,000 shall remain
available until September 30, 2021: Provided, That not to exceed
$10,000 shall be for official reception and representation expenses.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $415,688,000, to remain available until
September 30, 2022.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $171,826,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and improvements,
$118,988,000, to remain available until September 30, 2022.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $69,181,000, to remain
available until September 30, 2022.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $64,663,000, to remain
available until September 30, 2022.
Administrative Provisions
Sec. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease: Provided, That
the Director of U.S. Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles to
travel between the employees' residences and places of employment.
Sec. 402. None of the funds made available in this Act may be used
by U.S. Citizenship and Immigration Services to grant an immigration
benefit unless the results of background checks required by law to be
completed prior to the granting of the benefit have been received by
U.S. Citizenship and Immigration Services, and the results do not
preclude the granting of the benefit.
Sec. 403. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service
Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 404. (a) Of the funds deposited into the Immigration
Examinations Fee Account, up to $10,000,000 may be allocated by U.S.
Citizenship and Immigration Services in fiscal year 2020 for the
purpose of providing an Immigrant Integration grants program.
(b) None of the funds made available to U.S. Citizenship and
Immigration Services for grants for immigration integration under
subsection (a) may be used to provide services to aliens who have not
been lawfully admitted for permanent residence.
Sec. 405. Of the funds deposited into the Immigration Examinations
Fee Account, not to exceed $3,825 may be allocated by U.S. Citizenship
and Immigration Services in fiscal year 2020 for the purpose of
official reception and representation expenses.
Sec. 406. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 407. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors.
Sec. 408. The Director of the Federal Law Enforcement Training
Centers may accept transfers to the account established by section
407(a) of division F of the Consolidated Appropriations Act, 2018
(Public Law 115-141) from Government agencies requesting the
construction of special use facilities, as authorized by the Economy
Act (31 U.S.C. 1535(b)): Provided, That the Federal Law Enforcement
Training Centers maintain administrative control and ownership upon
completion of such facilities.
Sec. 409. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2020, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the
President's budget proposal for fiscal year 2020 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives are
notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the Senate
and the House of Representatives are notified at least 30 days in
advance of such transfer, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations based upon
an initial notification provided after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department of
Homeland Security Appropriations Acts that remain available for
obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department of
Homeland Security: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives at least 5 days in advance of such transfer.
Sec. 504. Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31), related to
the operations of a working capital fund, shall apply with respect to
funds made available in this Act in the same manner as such section
applied to funds made available in that Act: Provided, That from such
working capital fund may be obligated and expended in anticipation of
reimbursements from components of the Department of Homeland Security.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2020, as recorded in the financial records at the
time of a reprogramming notification, but not later than June 30, 2021,
from appropriations for ``Operations and Support'' for fiscal year 2020
in this Act shall remain available through September 30, 2021, in the
account and for the purposes for which the appropriations were
provided: Provided, That prior to the obligation of such funds, a
notification shall be submitted to the Committees on Appropriations of
the Senate and the House of Representatives in accordance with section
503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2020 until the enactment of an Act authorizing
intelligence activities for fiscal year 2020.
Sec. 507. (a) The Secretary of Homeland Security, or the designee
of the Secretary, shall notify the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days
in advance of--
(1) making or awarding a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract, or to
issue a letter of intent totaling in excess of $1,000,000;
(2) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or award
items under paragraph (1), (2), or (3), including a contract
covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Centers' facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520, 522, and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161;
121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act:
Provided, That for purposes of the preceding sentence, the term ``Buy
American Act'' means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. None of the funds provided or otherwise made available
in this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the
Congress.
Sec. 514. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 515. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 516. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 517. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 518. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 519. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code, or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 521. (a) The funds appropriated to the Department of Homeland
Security in this Act for ``Operations and Support'' shall be hereby
reduced, as determined by the Chief Financial Officer, by a total of
$33,000,000 to realize administrative savings, including savings from
requirements, supplies, or materials that were funded by the Department
using fiscal year 2019 appropriations for contracts with periods of
performance in fiscal year 2020.
(b) Funds may only be reduced for the respective appropriations
from amounts identified in the budget appendix, as modified by the
report accompanying this Act, by object classes 25.1, 25.2, 25.3, and
26.2.
(c) No funds may be reduced from amounts provided under the
following headings and activities:
(1) ``Cybersecurity and Infrastructure Security Agency--
Operations and Support'';
(2) ``Coast Guard--Operations and Support'' for defense-
related activities; and
(3) ``Federal Emergency Management Agency--Operations and
Support'' for National Continuity Programs in the Preparedness
and Protection program, project, and activity.
(d) No amounts may be reduced from amounts that were designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism or as an emergency requirement pursuant to a concurrent
resolution on the budget or section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985 or from amounts that were
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.
(e) The Secretary shall submit a notification to the Committees on
Appropriations of the Senate and the House of Representatives
specifying the account and amount of each reduction made pursuant to
this section.
Sec. 522. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 523. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 524. None of the funds made available in this Act may be used
to pay for the travel to or attendance of more than 50 employees of a
single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations: Provided further,
That the total cost to the Department of Homeland Security of any such
conference shall not exceed $500,000.
Sec. 525. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 526. None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for any
structural pay reform that affects more than 100 full-time positions or
costs more than $5,000,000 in a single year before the end of the 30-
day period beginning on the date on which the Secretary of Homeland
Security submits to Congress a notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 527. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website
of that agency any report required to be submitted by the Committees on
Appropriations of the Senate and the House of Representatives in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the Senate and the House of Representatives for not
less than 45 days except as otherwise specified in law.
Sec. 528. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
Sec. 529. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 530. The authority provided by section 532 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115-141)
regarding primary and secondary schooling of dependents shall continue
in effect during fiscal year 2020.
Sec. 531. (a) Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) shall be applied--
(1) In subsection (a), by substituting ``September 30,
2020,'' for ``September 30, 2017,''; and
(2) In subsection (c)(1), by substituting ``September 30,
2020,'' for ``September 30, 2017''.
(b) The Secretary of Homeland Security, under the authority of
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may
carry out prototype projects under section 2371b of title 10, United
States Code, and the Secretary shall perform the functions of the
Secretary of Defense as prescribed.
(c) The Secretary of Homeland Security under section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition
of nontraditional government contractor as defined in section 2371b(e)
of title 10, United States Code.
Sec. 532. None of the funds made available by this Act may be used
to prevent a Member of Congress from entering, for the purpose of
conducting oversight, any facility operated by or for the Department of
Homeland Security used to detain or otherwise house alien minors, or to
make any temporary modification at any such facility that in any way
alters what is observed by a visiting Member of Congress, compared to
what would be observed in the absence of such modification.
Sec. 533. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used to place restraints on a
woman in the custody of the Department of Homeland Security (including
during transport, in a detention facility, or at an outside medical
facility) who is pregnant or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant woman
if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot
be prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other
means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b),
only the safest and least restrictive restraints, as determined by the
appropriate medical professional treating the woman, may be used. In no
case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a
restraint belt that constricts the area of the pregnancy. A pregnant
woman who is immobilized by restraints shall be positioned, to the
maximum extent feasible, on her left side.
Sec. 534. None of the funds made available by this Act may be used
to destroy any document, recording, or other record pertaining to any
potential sexual assault or abuse perpetrated against any individual
held in the custody of the Department of Homeland Security.
Sec. 535. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2021 that assumes
revenues or proposes a reduction from the previous year based on user
fees proposals that have not been enacted into law prior to the
submission of the budget, the Secretary of Homeland Security shall
provide the Committees on Appropriations of the Senate and the House of
Representatives specific reductions in proposed discretionary budget
authority commensurate with the revenues assumed in such proposals in
the event that they are not enacted prior to October 1, 2020.
(rescission)
Sec. 536. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177):
(1) $4,000,000 from ``Customs and Border Protection--
Construction'' account 70X0532.
(2) $20,000,000 from Public Law 115-141 under the heading
``Customs and Border Protection-- Procurement, Construction,
and Improvements''.
(3) $5,000,000 from Public Law 115-141 under the heading
``Coast Guard--Research, Development, Test, and Evaluation''.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2020''.
Calendar No. 229
116th CONGRESS
1st Session
S. 2582
[Report No. 116-125]
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2020, and for other purposes.
_______________________________________________________________________
September 26, 2019
Read twice and placed on the calendar