Department of Homeland Security Appropriations Act, 2020

II 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 Se- curity for the fiscal year ending September 30, 2020, and for other purposes. 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 2 •S 2582 RS TITLE I 1 DEPARTMENTAL MANAGEMENT, OPERATIONS, 2 INTELLIGENCE, AND OVERSIGHT 3 OFFICE OF THE SECRETARY AND EXECUTIVE 4 MANAGEMENT 5 OPERATIONS AND SUPPORT 6 For necessary expenses of the Office of the Secretary 7 and for executive management for operations and support, 8 $160,369,000, of which $10,000,000 shall be transferred 9 to the Federal Emergency Management Agency for tar- 10 geted violence and terrorism prevention grants: Provided, 11 That not to exceed $30,000 shall be for official reception 12 and representation expenses. 13 MANAGEMENT DIRECTORATE 14 OPERATIONS AND SUPPORT 15 For necessary expenses of the Management Direc- 16 torate for operations and support, $1,174,209,000: Pro- 17 vided, That not to exceed $2,000 shall be for official recep- 18 tion and representation expenses. 19 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 20 For necessary expenses of the Management Direc- 21 torate for procurement, construction, and improvements, 22 $41,442,000, to remain available until September 30, 23 2022. 24 3 •S 2582 RS FEDERAL PROTECTIVE SERVICE 1 The revenues and collections of security fees credited 2 to this account shall be available until expended for nec- 3 essary expenses related to the protection of federally 4 owned and leased buildings and for the operations of the 5 Federal Protective Service. 6 INTELLIGENCE, ANALYSIS, AND OPERATIONS 7 COORDINATION 8 OPERATIONS AND SUPPORT 9 For necessary expenses of the Office of Intelligence 10 and Analysis and the Office of Operations Coordination 11 for operations and support, $276,641,000, of which 12 $68,579,000 shall remain available until September 30, 13 2021: Provided, That not to exceed $3,825 shall be for 14 official reception and representation expenses and not to 15 exceed $2,000,000 is available for facility needs associated 16 with secure space at fusion centers, including improve- 17 ments to buildings. 18 OFFICE OF INSPECTOR GENERAL 19 OPERATIONS AND SUPPORT 20 For necessary expenses of the Office of Inspector 21 General for operations and support, $170,186,000: Pro- 22 vided, That not to exceed $300,000 may be used for cer- 23 tain confidential operational expenses, including the pay- 24 4 •S 2582 RS ment of informants, to be expended at the direction of the 1 Inspector General. 2 ADMINISTRATIVE PROVISIONS 3 SEC. 101. Not later than 30 days after the last day 4 of each month, the Chief Financial Officer of the Depart- 5 ment of Homeland Security shall submit to the Commit- 6 tees on Appropriations of the Senate and the House of 7 Representatives a monthly budget and staffing report that 8 includes total obligations of the Department for that 9 month and for the fiscal year at the appropriation and 10 program, project, and activity levels, by the source year 11 of the appropriation. 12 SEC. 102. (a) The Secretary of Homeland Security 13 shall submit a report not later than October 15, 2020, 14 to the Inspector General of the Department of Homeland 15 Security listing all grants and contracts awarded by any 16 means other than full and open competition during fiscal 17 years 2019 and 2020. 18 (b) The Inspector General shall review the report re- 19 quired by subsection (a) to assess departmental compli- 20 ance with applicable laws and regulations and report the 21 results of that review to the Committees on Appropriations 22 of the Senate and the House of Representatives not later 23 than February 15, 2021. 24 5 •S 2582 RS SEC. 103. The Secretary of Homeland Security shall 1 require that all contracts of the Department of Homeland 2 Security that provide award fees link such fees to success- 3 ful acquisition outcomes, which shall be specified in terms 4 of cost, schedule, and performance. 5 SEC. 104. The Secretary of Homeland Security, in 6 consultation with the Secretary of the Treasury, shall no- 7 tify the Committees on Appropriations of the Senate and 8 the House of Representatives of any proposed transfers 9 of funds available under section 9705(g)(4)(B) of title 31, 10 United States Code, from the Department of the Treasury 11 Forfeiture Fund to any agency within the Department of 12 Homeland Security: Provided, That none of the funds 13 identified for such a transfer may be obligated until the 14 Committees on Appropriations of the Senate and the 15 House of Representatives are notified of the proposed 16 transfers. 17 SEC. 105. 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 SEC. 106. Section 107 of the Department of Home- 23 land Security Appropriations Act, 2018 (division F of 24 Public Law 115–141), related to visa overstay data, shall 25 6 •S 2582 RS apply in fiscal year 2020, except that the reference to 1 ‘‘this Act’’ shall be treated as referring to this Act, and 2 the reference to ‘‘2017’’ shall be treated as referring to 3 ‘‘2019’’. 4 7 •S 2582 RS TITLE II 1 SECURITY, ENFORCEMENT, AND 2 INVESTIGATIONS 3 U.S. CUSTOMS AND BORDER PROTECTION 4 OPERATIONS AND SUPPORT 5 For necessary expenses of U.S. Customs and Border 6 Protection for operations and support, including the trans- 7 portation of unaccompanied minor aliens; the provision of 8 air and marine support to Federal, State, local, and inter- 9 national agencies in the enforcement or administration of 10 laws enforced by the Department of Homeland Security; 11 at the discretion of the Secretary of Homeland Security, 12 the provision of such support to Federal, State, and local 13 agencies in other law enforcement and emergency humani- 14 tarian efforts; the purchase and lease of up to 7,500 15 (6,500 for replacement only) police-type vehicles; the pur- 16 chase, maintenance, or operation of marine vessels, air- 17 craft, and unmanned aerial systems; and contracting with 18 individuals for personal services abroad; $12,364,210,000; 19 of which $3,274,000 shall be derived from the Harbor 20 Maintenance Trust Fund for administrative expenses re- 21 lated to the collection of the Harbor Maintenance Fee pur- 22 suant to section 9505(c)(3) of the Internal Revenue Code 23 of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding sec- 24 tion 1511(e)(1) of the Homeland Security Act of 2002 (6 25 8 •S 2582 RS U.S.C. 551(e)(1)); of which $2,000,000,000 shall be avail- 1 able until September 30, 2021; and of which such sums 2 as become available in the Customs User Fee Account, ex- 3 cept sums subject to section 13031(f)(3) of the Consoli- 4 dated Omnibus Budget Reconciliation Act of 1985 (19 5 U.S.C. 58c(f)(3)), shall be derived from that account: Pro- 6 vided, That not to exceed $34,425 shall be for official re- 7 ception and representation expenses: Provided further, 8 That not to exceed $150,000 shall be available for pay- 9 ment for rental space in connection with preclearance op- 10 erations: Provided further, That not to exceed $2,000,000 11 shall be for awards of compensation to informants, to be 12 accounted for solely under the certificate of the Secretary 13 of Homeland Security. 14 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 15 For necessary expenses of U.S. Customs and Border 16 Protection for procurement, construction, and improve- 17 ments, including procurements to buy marine vessels, air- 18 craft, and unmanned aerial systems, $5,478,073,000, of 19 which $378,480,000 shall remain available until Sep- 20 tember 30, 2022, and of which $5,099,593,000 shall re- 21 main available until September 30, 2024. 22 9 •S 2582 RS U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 1 OPERATIONS AND SUPPORT 2 For necessary expenses of U.S. Immigration and 3 Customs Enforcement for operations and support, includ- 4 ing the purchase and lease of up to 3,790 (2,350 for re- 5 placement only) police-type vehicles; overseas vetted units; 6 and maintenance, minor construction, and minor leasehold 7 improvements at owned and leased facilities; 8 $8,338,741,000; of which $6,000,000 shall remain avail- 9 able until expended for efforts to enforce laws against 10 forced child labor; of which $46,696,000 shall remain 11 available until September 30, 2021; of which $1,500,000 12 is for paid apprenticeships for participants in the Human 13 Exploitation Rescue Operative Child-Rescue Corps; of 14 which not less than $15,000,000 shall be available for in- 15 vestigation of intellectual property rights violations, in- 16 cluding operation of the National Intellectual Property 17 Rights Coordination Center; and of which not less than 18 $4,743,764,000 shall be for enforcement, detention, and 19 removal operations, including transportation of unaccom- 20 panied minor aliens: Provided, That not to exceed $11,475 21 shall be for official reception and representation expenses: 22 Provided further, That not to exceed $10,000,000 shall be 23 available until expended for conducting special operations 24 under section 3131 of the Customs Enforcement Act of 25 10 •S 2582 RS 1986 (19 U.S.C. 2081): Provided further, That not to ex- 1 ceed $2,000,000 shall be for awards of compensation to 2 informants, to be accounted for solely under the certificate 3 of the Secretary of Homeland Security: Provided further, 4 That not to exceed $11,216,000 shall be available to fund 5 or reimburse other Federal agencies for the costs associ- 6 ated with the care, maintenance, and repatriation of 7 smuggled aliens unlawfully present in the United States. 8 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 9 For necessary expenses of U.S. Immigration and 10 Customs Enforcement for procurement, construction, and 11 improvements, $28,770,000, to remain available until Sep- 12 tember 30, 2022; of which not less than $20,970,000 shall 13 be available for facilities repair and maintenance projects. 14 TRANSPORTATION SECURITY ADMINISTRATION 15 OPERATIONS AND SUPPORT 16 For necessary expenses of the Transportation Secu- 17 rity Administration for operations and support, 18 $7,489,721,000, to remain available until September 30, 19 2021: Provided, That not to exceed $7,650 shall be for 20 official reception and representation expenses: Provided 21 further, That security service fees authorized under section 22 44940 of title 49, United States Code, shall be credited 23 to this appropriation as offsetting collections and shall be 24 available only for aviation security: Provided further, That 25 11 •S 2582 RS the sum appropriated under this heading from the general 1 fund shall be reduced on a dollar-for-dollar basis as such 2 offsetting collections are received during fiscal year 2020 3 so as to result in a final fiscal year appropriation from 4 the general fund estimated at not more than 5 $4,659,721,000. 6 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 7 For necessary expenses of the Transportation Secu- 8 rity Administration for procurement, construction, and 9 improvements, $210,623,000, to remain available until 10 September 30, 2022. 11 RESEARCH AND DEVELOPMENT 12 For necessary expenses of the Transportation Secu- 13 rity Administration for research and development, 14 $22,902,000, to remain available until September 30, 15 2021. 16 COAST GUARD 17 OPERATIONS AND SUPPORT 18 For necessary expenses of the Coast Guard for oper- 19 ations and support including the Coast Guard Reserve; 20 purchase or lease of not to exceed 25 passenger motor ve- 21 hicles, which shall be for replacement only; purchase or 22 lease of small boats for contingent and emergent require- 23 ments (at a unit cost of not more than $700,000) and 24 repairs and service-life replacements, not to exceed a total 25 12 •S 2582 RS of $31,000,000; purchase, lease, or improvements of boats 1 necessary for overseas deployments and activities; pay- 2 ments pursuant to section 156 of Public Law 97–377 (42 3 U.S.C. 402 note; 96 Stat. 1920); and recreation and wel- 4 fare; $8,102,466,000, of which $530,000,000 shall be for 5 defense-related activities, of which $190,000,000 is des- 6 ignated by the Congress for Overseas Contingency Oper- 7 ations/Global War on Terrorism pursuant to section 8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 9 Deficit Control Act of 1985 and shall be available only 10 if the President subsequently so designates all such 11 amounts and transmits such designates to the Congress; 12 of which $24,500,000 shall be derived from the Oil Spill 13 Liability Trust Fund to carry out the purposes of section 14 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 15 2712(a)(5)); of which $11,000,000 shall remain available 16 until September 30, 2022; and of which $20,548,000 shall 17 remain available until September 30, 2024, for environ- 18 mental compliance and restoration: Provided, That not to 19 exceed $23,000 shall be for official reception and represen- 20 tation expenses. 21 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 22 For necessary expenses of the Coast Guard for pro- 23 curement, construction, and improvements, including aids 24 to navigation, shore facilities (including facilities at De- 25 13 •S 2582 RS partment of Defense installations used by the Coast 1 Guard), and vessels and aircraft, including equipment re- 2 lated thereto, $1,517,506,000, to remain available until 3 September 30, 2024, of which $20,000,000 shall be de- 4 rived from the Oil Spill Liability Trust Fund to carry out 5 the purposes of section 1012(a)(5) of the Oil Pollution Act 6 of 1990 (33 U.S.C. 2712(a)(5)). 7 RESEARCH AND DEVELOPMENT 8 For necessary expenses of the Coast Guard for re- 9 search and development; and for maintenance, rehabilita- 10 tion, lease, and operation of facilities and equipment; 11 $4,949,000, to remain available until September 30, 2022, 12 of which $500,000 shall be derived from the Oil Spill Li- 13 ability Trust Fund to carry [Text truncated for display. 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