Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2020, and for other purposes.

IB Union Calendar No. 139 116TH CONGRESS 1ST SESSION H. R. 3931 [Report No. 116–180] Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2020, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 24, 2019 Ms. ROYBAL-ALLARD, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for the Department of Homeland Se- curity for the fiscal year ending September 30, 2020, and for other purposes. VerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3931.RH H3931 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3931 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 That the following sums are appropriated, out of any 3 money in the Treasury not otherwise appropriated, for the 4 Department of Homeland Security for the fiscal year end- 5 ing September 30, 2020, and for other purposes, namely: 6 TITLE I 7 DEPARTMENTAL MANAGEMENT, OPERATIONS, 8 INTELLIGENCE, AND OVERSIGHT 9 OFFICE OF THE SECRETARY AND EXECUTIVE 10 MANAGEMENT 11 OPERATIONS AND SUPPORT 12 For necessary expenses of the Office of the Secretary 13 and for executive management for operations and support, 14 $174,916,000, of which $20,000,000 shall be for an Om- 15 budsman for Immigration Detention as established by sec- 16 tion 105: Provided, That not to exceed $45,000 shall be 17 for official reception and representation expenses. 18 MANAGEMENT DIRECTORATE 19 OPERATIONS AND SUPPORT 20 For necessary expenses of the Management Direc- 21 torate for operations and support, $1,194,608,000: Pro- 22 vided, That not to exceed $2,000 shall be for official recep- 23 tion and representation expenses. 24 VerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3931 RH PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 1 For necessary expenses of the Management Direc- 2 torate for procurement, construction, and improvements, 3 $381,298,000, of which $157,531,000 shall remain avail- 4 able until September 30, 2022; and of which 5 $223,767,000 shall remain available until September 30, 6 2024, to plan, acquire, design, construct, renovate, reme- 7 diate, equip, furnish, improve infrastructure, and occupy 8 buildings and facilities for the Department headquarters 9 consolidation project. 10 FEDERAL PROTECTIVE SERVICE 11 The revenues and collections of security fees credited 12 to this account shall be available until expended for nec- 13 essary expenses related to the protection of federally 14 owned and leased buildings and for the operations of the 15 Federal Protective Service. 16 INTELLIGENCE, ANALYSIS, AND OPERATIONS 17 COORDINATION 18 OPERATIONS AND SUPPORT 19 For necessary expenses of the Office of Intelligence 20 and Analysis and the Office of Operations Coordination 21 for operations and support, $276,641,000: Provided, That 22 not to exceed $3,825 shall be for official reception and 23 representation expenses and not to exceed $2,000,000 is 24 VerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3931 RH available for facility needs associated with secure space at 1 fusion centers, including improvements to buildings. 2 OFFICE OF INSPECTOR GENERAL 3 OPERATIONS AND SUPPORT 4 For necessary expenses of the Office of Inspector 5 General for operations and support, $195,242,000: Pro- 6 vided, That not to exceed $300,000 may be used for cer- 7 tain confidential operational expenses, including the pay- 8 ment of informants, to be expended at the direction of the 9 Inspector General. 10 ADMINISTRATIVE PROVISIONS 11 SEC. 101. (a) The Secretary of Homeland Security 12 shall submit a report not later than October 15, 2020, 13 to the Inspector General of the Department of Homeland 14 Security listing all grants and contracts awarded by any 15 means other than full and open competition during fiscal 16 years 2019 or 2020. 17 (b) The Inspector General shall review the report re- 18 quired by subsection (a) to assess departmental compli- 19 ance with applicable laws and regulations and report the 20 results of that review to the Committees on Appropriations 21 of the Senate and the House of Representatives not later 22 than February 15, 2021. 23 SEC. 102. The Secretary of Homeland Security shall 24 require that all contracts of the Department of Homeland 25 VerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3931 RH Security that provide award fees link such fees to success- 1 ful acquisition outcomes, which shall be specified in terms 2 of cost, schedule, and performance. 3 SEC. 103. The Secretary of Homeland Security, in 4 consultation with the Secretary of the Treasury, shall no- 5 tify the Committees on Appropriations of the Senate and 6 the House of Representatives of any proposed transfers 7 of funds available under section 9705(g)(4)(B) of title 31, 8 United States Code from the Department of the Treasury 9 Forfeiture Fund to any agency within the Department of 10 Homeland Security: Provided, That none of the funds 11 identified for such a transfer may be obligated until the 12 Committees on Appropriations of the Senate and the 13 House of Representatives are notified of the proposed 14 transfers: Provided further, That funds available under 15 such section may not be used for the construction of bor- 16 der security infrastructure. 17 SEC. 104. All official costs associated with the use 18 of Government aircraft by Department of Homeland Secu- 19 rity personnel to support official travel of the Secretary 20 and the Deputy Secretary shall be paid from amounts 21 made available for the Office of the Secretary. 22 VerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3931 RH ESTABLISHMENT OF AN IMMIGRATION DETENTION 1 OMBUDSMAN 2 SEC. 105. (a) IN GENERAL.—Subtitle A of title IV 3 of the Homeland Security Act of 2002 (6 U.S.C. 272) is 4 amended by adding the following new section: 5 ‘‘SEC. 405. OMBUDSMAN FOR IMMIGRATION DETENTION. 6 ‘‘(a) IN GENERAL.—Within the Department, there 7 shall be a position of Immigration Detention Ombudsman 8 (in this section referred to as the ‘Ombudsman’). The Om- 9 budsman shall be independent of Department agencies 10 and officers and shall report directly to the Secretary. The 11 Ombudsman shall be a senior official with a background 12 in civil rights enforcement, civil detention care and cus- 13 tody, and immigration law. 14 ‘‘(b) FUNCTIONS.—The functions of the Ombudsman 15 shall be to— 16 ‘‘(1) Establish and administer an independent, 17 neutral, and confidential process to receive, inves- 18 tigate, resolve, and provide redress, including refer- 19 ral for investigation to the Office of the Inspector 20 General, referral to U.S. Citizenship and Immigra- 21 tion Services for immigration relief, or any other ac- 22 tion determined appropriate, for cases in which De- 23 partment officers or other personnel, or contracted, 24 subcontracted, or cooperating entity personnel, are 25 VerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 3931 RH found to have engaged in misconduct or violated the 1 rights of individuals in immigration detention; 2 ‘‘(2) Establish an accessible and standardized 3 process regarding complaints against any officer or 4 employee of U.S. Customs and Border Protection or 5 U.S. Immigration and Customs Enforcement, or any 6 contracted, subcontracted, or cooperating entity per- 7 sonnel, for violations of law, standards of profes- 8 sional conduct, contract terms, or policy related to 9 immigration detention; 10 ‘‘(3) Conduct unannounced inspections of de- 11 tention facilities holding individuals in federal immi- 12 gration custody, including those owned or operated 13 by units of State or local government and privately- 14 owned or operated facilities; 15 ‘‘(4) Review, examine, and make recommenda- 16 tions to address concerns or violations of contract 17 terms identified in reviews, audits, investigations, or 18 detainee interviews regarding immigration detention 19 facilities and services; and 20 ‘‘(5) Provide assistance to individuals affected 21 by potential misconduct, excessive force, or violations 22 of law or detention standards by Department of 23 Homeland Security officers or other personnel, or 24 VerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 3931 RH contracted, subcontracted, or cooperating entity per- 1 sonnel. 2 ‘‘(c) ACCESS TO DETENTION FACILITIES.—The Om- 3 budsman or designated personnel of the Ombudsman, 4 shall be provided unfettered access to any location within 5 each such detention facility and shall be permitted con- 6 fidential access to any detainee at the detainee’s request 7 and any departmental records concerning such detainee. 8 ‘‘(d) COORDINATION WITH DEPARTMENT COMPO- 9 NENTS.— 10 ‘‘(1) IN GENERAL.—The Director of U.S. Immi- 11 gration and Customs Enforcement and the Commis- 12 sioner of U.S. Customs and Border Protection shall 13 each establish procedures to provide formal re- 14 sponses to recommendations submitted to such offi- 15 cials by the Ombudsman within 60 days of receiving 16 such recommendations. 17 ‘‘(2) ACCESS TO INFORMATION.—The Secretary 18 shall establish procedures to provide the Ombuds- 19 man access to all departmental records necessary to 20 execute the responsibilities of the Ombudsman under 21 subsection (b) or (c) not later than 60 days after a 22 request from the Ombudsman for such information. 23 VerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 3931 RH ‘‘(e) ANNUAL REPORT.—The Ombudsman shall pre- 1 pare a report to Congress on an annual basis on its activi- 2 ties, findings, and recommendations.’’. 3 (b) CLERICAL AMENDMENT.—The table of contents 4 of the Homeland Security Act of 2002 is amended by add- 5 ing after the new item relating to section 404 the following 6 new item: 7 ‘‘Sec. 405. Ombudsman for Immigration Detention.’’. TITLE II 8 SECURITY, ENFORCEMENT, AND 9 INVESTIGATIONS 10 U.S. CUSTOMS AND BORDER PROTECTION 11 OPERATIONS AND SUPPORT 12 For necessary expenses of U.S. Customs and Border 13 Protection for operations and support, including the trans- 14 portation of unaccompanied minor aliens; the provision of 15 air and marine support to Federal, State, and local agen- 16 cies in the enforcement or administration of laws enforced 17 by the Department of Homeland Security; at the discre- 18 tion of the Secretary of Homeland Security, the provision 19 of such support to Federal, State, and local agencies in 20 other law enforcement and emergency humanitarian ef- 21 forts; the purchase and lease of up to 7,500 (6,500 for 22 replacement only) police-type vehicles; the purchase, main- 23 tenance, or operation of marine vessels, aircraft, and un- 24 manned aerial systems; and contracting with individuals 25 VerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 3931 RH for personal services abroad; $13,114,935,000; of which 1 $3,274,000 shall be derived from the Harbor Maintenance 2 Trust Fund for administrative expenses related to the col- 3 lection of the Harbor Maintenance Fee pursuant to section 4 9505(c)(3) of the Internal Revenue Code of 1986 (26 5 U.S.C. 9505(c)(3)) and notwithstanding section 6 1511(e)(1) of the Homeland Security Act of 2002 (6 7 U.S.C. 551(e)(1)); of which $2,000,000,000 shall be avail- 8 able until September 30, 2021; and of which such sums 9 as become available in the Customs User Fee Account, ex- 10 cept sums subject to section 13031(f)(3) of the Consoli- 11 dated Omnibus Budget Reconciliation Act of 1985 (19 12 U.S.C. 58c(f)(3)), shall be derived from that account; and 13 of which $91,616,000 is for additional customs officers: 14 Provided, That not to exceed $34,425 shall be for official 15 reception and representation expenses: Provided further, 16 That not to exceed $150,000 shall be available for pay- 17 ment for rental space in connection with preclearance op- 18 erations: Provided further, That not to exceed $1,000,000 19 shall be for awards of compensation to informants, to be 20 accounted for solely under the certificate of the Secretary 21 of Homeland Security. Provided further, That not to ex- 22 ceed $15,000,000 may be transferred to the Bureau of 23 Indian Affairs for the maintenance and repair of roads 24 VerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 3931 RH on Native American reservations used by the U.S. Border 1 Patrol. 2 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 3 For necessary expenses of U.S. Customs and Border 4 Protection for procurement, construction, and improve- 5 ments, including procurements of marine vessels, aircraft, 6 and unmanned aerial systems, $477,962,000, of which 7 $449,598,000 shall remain available until September 30, 8 2022, and of which $28,364,000 shall remain available 9 until September 30, 2024. 10 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 11 OPERATIONS AND SUPPORT 12 For necessary expenses of U.S. Immigration and 13 Customs Enforcement for operations and support, includ- 14 ing the purchase and lease of up to 3,790 (2,350 for re- 15 placement only) police-type vehicles; overseas vetted units; 16 and maintenance, minor construction, and minor leasehold 17 improvements at owned and leased facilities; 18 $7,593,940,000; of which $55,698,000 shall remain avail- 19 able until September 30, 2021; of which $1,500,000 is for 20 paid apprenticeships for participants in the Human Ex- 21 ploitation Rescue Operative Child-Rescue Corps: Provided, 22 That not to exceed $11,475 shall be for official reception 23 and representation expenses: Provided further, That not 24 to exceed $10,000,000 shall be available until expended 25 VerDate Sep 11 2014 01:06 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3931.RH H3931 pamtmann on [Text truncated for display. 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