Department of Homeland Security Appropriations Act, 2021

IB Union Calendar No. 368 116TH CONGRESS 2D SESSION H. R. 7669 [Report No. 116–458] Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2021, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 20, 2020 Ms. ROYBAL-ALLARD, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for the Department of Homeland Se- curity for the fiscal year ending September 30, 2021, and for other purposes. VerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H7669.RH H7669 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7669 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, 2021, 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 $151,868,000; of which $20,000,000 shall be for the Of- 15 fice of the Ombudsman for Immigration Detention, of 16 which $5,000,000 shall remain available until September 17 30, 2022; and of which $10,000,000 shall be withheld 18 from obligation until the date on which the Secretary pub- 19 lishes the first semi-monthly data required in section 20 106(d) of this Act and submits the first annual report re- 21 quired in section 106(e) of division D of Public Law 116- 22 93: Provided, That not to exceed $30,000 shall be for offi- 23 cial reception and representation expenses. 24 VerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7669 RH MANAGEMENT DIRECTORATE 1 OPERATIONS AND SUPPORT 2 For necessary expenses of the Management Direc- 3 torate for operations and support, $1,401,757,000: Pro- 4 vided, That not to exceed $2,000 shall be for official recep- 5 tion and representation expenses. 6 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 7 For necessary expenses of the Management Direc- 8 torate for procurement, construction, and improvements, 9 $359,450,000, of which $159,611,000 shall remain avail- 10 able until September 30, 2023; and of which 11 $199,839,000 shall remain available until September 30, 12 2025. 13 FEDERAL PROTECTIVE SERVICE 14 The revenues and collections of security fees credited 15 to this account shall be available until expended for nec- 16 essary expenses related to the protection of federally 17 owned and leased buildings and for the operations of the 18 Federal Protective Service. 19 INTELLIGENCE, ANALYSIS, AND OPERATIONS 20 COORDINATION 21 OPERATIONS AND SUPPORT 22 For necessary expenses of the Office of Intelligence 23 and Analysis and the Office of Operations Coordination 24 for operations and support, $311,263,000, of which 25 VerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7669 RH $82,620,000 shall remain available until September 30, 1 2022: Provided, That not to exceed $3,825 shall be for 2 official reception and representation expenses and not to 3 exceed $2,000,000 is available for facility needs associated 4 with secure space at fusion centers, including improve- 5 ments to buildings. 6 OFFICE OF THE INSPECTOR GENERAL 7 OPERATIONS AND SUPPORT 8 For necessary expenses of the Office of Inspector 9 General for operations and support, $190,186,000: Pro- 10 vided, That not to exceed $300,000 may be used for cer- 11 tain confidential operational expenses, including the pay- 12 ment of informants, to be expended at the direction of the 13 Inspector General. 14 ADMINISTRATIVE PROVISIONS 15 SEC. 101. (a) The Secretary of Homeland Security 16 shall submit a report not later than October 15, 2021, 17 to the Inspector General of the Department of Homeland 18 Security listing all grants and contracts awarded by any 19 means other than full and open competition during fiscal 20 years 2020 or 2021. 21 (b) The Inspector General shall review the report re- 22 quired by subsection (a) to assess departmental compli- 23 ance with applicable laws and regulations and report the 24 results of that review to the Committees on Appropriations 25 VerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7669 RH of the Senate and the House of Representatives not later 1 than February 15, 2022. 2 SEC. 102. Not later than 30 days after the last day 3 of each month, the Chief Financial Officer of the Depart- 4 ment of Homeland Security shall submit to the Commit- 5 tees on Appropriations of the Senate and the House of 6 Representatives a monthly budget and staffing report that 7 includes total obligations of the Department for that 8 month and for the fiscal year at the appropriation and 9 program, project, and activity levels, by the source year 10 of the appropriation. 11 SEC. 103. The Secretary of Homeland Security shall 12 require that all contracts of the Department of Homeland 13 Security that provide award fees link such fees to success- 14 ful acquisition outcomes, which shall be specified in terms 15 of cost, schedule, and performance. 16 SEC. 104. (a) The Secretary of Homeland Security, 17 in consultation with the Secretary of the Treasury, shall 18 notify the Committees on Appropriations of the Senate 19 and the House of Representatives of any proposed trans- 20 fers of funds available under section 9705(g)(4)(B) of title 21 31, United States Code, from the Department of the 22 Treasury Forfeiture Fund to any agency within the De- 23 partment of Homeland Security. 24 VerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7669 RH (b) None of the funds identified for such a transfer 1 may be obligated until the Committees on Appropriations 2 of the Senate and the House of Representatives are noti- 3 fied of the proposed transfer. 4 (c) The funds available under such section may not 5 be obligated for the construction of border security infra- 6 structure. 7 SEC. 105. All official costs associated with the use 8 of Government aircraft by Department of Homeland Secu- 9 rity personnel to support official travel of the Secretary 10 and the Deputy Secretary shall be paid from amounts 11 made available for the Office of the Secretary. 12 SEC. 106. (a) The Secretary of Homeland Security 13 shall establish metrics and collect data for assessing each 14 modality through which aliens are removed, expelled, ex- 15 tradited, or otherwise involuntarily returned to Mexico or 16 to a third country with respect to making an asylum claim 17 for all such modalities that were implemented by the De- 18 partment of Homeland Security after January 1, 2019. 19 Such data shall include: 20 (1) For aliens removed, expelled, extradited, or 21 otherwise involuntarily returned— 22 (A) the country to which the alien is re- 23 moved, expelled, extradited or returned; 24 VerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 7669 RH (B) whether the alien was a member of a 1 family unit; 2 (C) the nationality of the alien; 3 (D) the gender of the alien; 4 (E) the age of the alien; 5 (F) the port of entry, Border Patrol Sec- 6 tor, or city and State, as appropriate, in which 7 the alien was apprehended or processed; 8 (G) the departmental component and office 9 responsible for such apprehension or processing; 10 (H) whether the alien belongs to a vulner- 11 able group, as defined by the Secretary in col- 12 laboration with the Office of Civil Rights and 13 Civil Liberties, and the vulnerable group to the 14 which the alien belongs; 15 (I) whether the alien expresses fear, 16 disaggregated by the number who receive a 17 positive fear determination based on an inter- 18 view by an asylum officer; 19 (J) whether the alien is represented by 20 legal counsel; 21 (K) the location and facility type in which 22 the alien was detained; and 23 (2) For aliens returned to Mexico— 24 VerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 7669 RH (A) the number who appear at a port of 1 entry to attend immigration adjudication pro- 2 ceedings; 3 (B) the number scheduled to appear at a 4 port of entry for such proceedings who do not 5 so appear; 6 (C) the outcomes of such proceedings, in- 7 cluding data on the number of removals ordered 8 in absentia; 9 (D) the number who remain overnight in 10 the United States following such proceedings; 11 and 12 (E) the number who subsequently reenter 13 without inspection, disaggregated by adults and 14 children who reenter unaccompanied. 15 (b) For the purposes of this section, the term ‘‘fear’’ 16 shall refer to credible or reasonable fear of: 17 (1) persecution, as defined in section 18 235(b)(1)(B)(v) of the Immigration and Nationality 19 Act; or 20 (2) torture, as defined in section 208.31 of title 21 8, Code of Federal Regulations (as in effect on Jan- 22 uary 1, 2020). 23 (c) No Federal funds may be obligated or expended 24 to implement a return modality for purposes of an alien 25 VerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 7669 RH establishing an asylum claim in a third country until the 1 Secretary has certified to Congress that such third coun- 2 try has the capacity to assess asylum claims and safely 3 resettle such claimants. 4 (d) Beginning not later than 30 days after the date 5 of enactment of this Act, the Secretary shall publish on 6 a semi-monthly basis not less than the previous 12 months 7 of the data required to be collected by subsection (a) as 8 of the last date of each reporting period on a publicly 9 available website of the Department in a downloadable, 10 searchable, and sortable format. 11 SEC. 107. (a) The Secretary of Homeland Security 12 shall conduct a comprehensive study to determine the ex- 13 tent of human trafficking in the United States, consistent 14 with the conclusions of the consultation under subsection 15 (b). 16 (b) Prior to commencing the study, the Secretary 17 shall carry out the following activities in consultation with 18 such Federal departments and agencies and State and 19 local government entities as the Secretary determines ap- 20 propriate— 21 (1) determine the appropriate time period for 22 the study to consider; 23 (2) determine what information regarding the 24 incidence of human trafficking is currently reported 25 VerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 7669 RH to any Federal department or agency, and the avail- 1 ability of such information; 2 (3) take appropriate actions to obtain such in- 3 formation, consistent with privacy protection laws 4 and considerations and, where such information can- 5 not be obtained, promptly report to Congress such 6 unavailability; 7 (4) determine what additional information from 8 State and local government entities is necessary to 9 complete the study; and 10 (5) enter into agreements with such States or 11 local governments providing for the reporting of 12 such information. 13 (c) The Secretary shall provide a report to Congress 14 on the results of the study required by subsection (a), 15 which shall also include: 16 (1) the estimated number of human trafficking 17 victims disaggregated by— 18 (A) whether the victim was trafficked with- 19 in a State; and 20 (B) whether the victim was trafficked in 21 interstate commerce; and 22 (2) a description of industries and geographical 23 regions in which the practice of human trafficking is 24 most prevalent. 25 VerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 7669 RH SEC. 108. (a) The Secretary of Homeland Security 1 shall establish and implement pilot programs under which 2 Mexican nationals admitted as nonimmigrant visitors in 3 a State pursuant to the requirements described in sections 4 212.1(c)(1)(i) and 235.1(h)(v)(A) or (C) of title 8, Code 5 of Federal Regulations, shall, notwithstanding the geo- 6 graphic limitations described in such section 7 235.1(h)(v)(A) or (C), be permitted to travel within the 8 boundaries of such State for a period not to exceed 30 9 days, as applicable. 10 (b) The pilot programs described in subsection (a) 11 shall begin not later than 90 days after the date of enact- 12 ment of this Act and terminate five years thereafter. 13 SEC. 109. (a) The Secretary shall provide a quarterly 14 travel report to the Committees on Appropriations of the 15 Senate and the House of Representatives detailing all 16 costs for the prior quarter for travel by the Secretary and 17 Deputy Secretary, disaggregated by funding source, indi- 18 rect costs, direct costs, official travel, and nonofficial trav- 19 el. 20 (b) The first report required under subsection (a) 21 shall be provided not later than 30 days after the end of 22 each fiscal quarter, beginning with the end of the first 23 quarter beginning after the date of enactment of this Act. 24 VerDate Sep 11 2014 23:00 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7669.RH H7669 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 7669 RH SEC. 110. (a) No Federal funds may be obligated for 1 any pilot or demonstration program that uses more than 2 5 full time equivalents or costs in excess of $1,000,000 3 until 30 days after the Secretary of Homeland Secretary 4 provides the following to the Committees on Appropria- 5 tions of the Senate and the House of Representatives for 6 such program: 7 (1) Objectives that are well-defined and meas- 8 urable; 9 (2) An assessment methodology that details— 10 (A) the type and source of assessment 11 data; 12 (B) the methods for and frequency of col- 13 lecting such data; and 14 (C) how such data will be analyzed; 15 (3) An [Text truncated for display. Full text available on Congress.gov.]