[House Report 117-87]
[From the U.S. Government Publishing Office]


117th Congress  }                                              {   Report
                         HOUSE OF REPRESENTATIVES
 1st Session    }                                              {   117-87

======================================================================



 
       DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2022

                                _______
                                

 July 15, 2021.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

        Ms. Roybal-Allard of California, from the Committee on 
                Appropriations, submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 4431]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2022.

                        INDEX TO BILL AND REPORT

                                                            Page number

                                                            Bill Report
TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, 
    AND OVERSIGHT
        Office of the Secretary and Executive Management...     2
                                                                      5
                Operations and Support.....................     2
                                                                      6
                Federal Assistance.........................     2
                                                                     18
        Management Directorate.............................     3
                                                                     19
                Operations and Support.....................     3
                                                                     19
                Procurement, Construction, and Improvements     3
                                                                     20
                Federal Protective Service.................     3
                                                                     22
        Intelligence, Analysis, and Operations Coordination     4
                                                                     22
                Operations and Support.....................     4
                                                                     22
        Office of Inspector General........................     4
                                                                     23
                Operations and Support.....................     4
                                                                     23
        Administrative Provisions..........................     4
                                                                     24
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
        U.S. Customs and Border Protection.................    10
                                                                     25
                Operations and Support.....................    10
                                                                     25
                Procurement, Construction, and Improvements    12
                                                                     35
        U.S. Immigration and Customs Enforcement...........    12
                                                                     38
                Operations and Support.....................    12
                                                                     38
                Procurement, Construction, and Improvements    14
                                                                     51
                Federal Assistance.........................    14
                                                                     51
        Transportation Security Administration.............    15
                                                                     51
                Operations and Support.....................    15
                                                                     51
                Procurement, Construction, and Improvements    15
                                                                     53
                Research and Development...................    15
                                                                     54
        Coast Guard........................................    16
                                                                     54
                Operations and Support.....................    16
                                                                     54
                Procurement, Construction, and Improvements    17
                                                                     57
                Research and Development...................    17
                                                                     58
                Health Care Fund Contribution..............
                                                                     58
                Retired Pay................................    18
                                                                     59
        United States Secret Service.......................    18
                                                                     59
                Operations and Support.....................    18
                                                                     59
                Procurement, Construction, and Improvements    20
                                                                     60
                Research and Development...................    20
                                                                     60
        Administrative Provisions..........................    20
                                                                     60
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
        Cybersecurity and Infrastructure Security Agency...    40
                                                                     63
                Operations and Support.....................    40
                                                                     63
                Procurement, Construction, and Improvements    40
                                                                     72
                Research and Development...................    41
                                                                     73
                Cybersecurity Response and Recovery Fund...    41
                                                                     74
        Federal Emergency Management Agency................    42
                                                                     75
                Operations and Support.....................    42
                                                                     75
                Procurement, Construction, and Improvements    42
                                                                     78
                Federal Assistance.........................    42
                                                                     79
                Disaster Relief Fund.......................    47
                                                                     85
                National Flood Insurance Fund..............    48
                                                                     89
                Administrative Provisions..................    50
                                                                     90
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
        U.S. Citizenship and Immigration Services..........    60
                                                                     90
                Operations and Support.....................    60
                                                                     91
                Federal Assistance.........................    60
                                                                     96
        Federal Law Enforcement Training Centers...........    61
                                                                     96
                Operations and Support.....................    61
                                                                     96
                Procurement, Construction, and Improvements    61
                                                                     97
        Science and Technology Directorate.................    61
                                                                     98
                Operations and Support.....................    61
                                                                     98
                Procurement, Construction, and Improvements    62
                                                                     98
                Research and Development...................    62
                                                                     99
        Countering Weapons of Mass Destruction Office......    62
                                                                    102
                Operations and Support.....................    62
                                                                    102
                Procurement, Construction, and Improvements    62
                                                                    103
                Research and Development...................    63
                                                                    103
                Federal Assistance.........................    63
                                                                    103
        Administrative Provisions..........................    63
                                                                    103
TITLE V--GENERAL PROVISIONS
        This Act...........................................    73
                                                                    104
                Compliance with House Rules................
                                                                    118
                Tables.....................................
                                                                    131

                                Overview

    The Committee recommendation includes $76,154,086,000 in 
total discretionary appropriations for the Department of 
Homeland Security, including $52,811,000,000 within the bill's 
302(b) budget allocation, $4,544,086,000 in discretionary 
appropriations offset by fee collections, and $18,799,000,000 
as a budget cap adjustment for major disaster response and 
recovery activities. The overall total is an increase of 
$931,023,000 above the fiscal year 2021 total and $387,333,000 
above the President's budget request. The total within the 
allocation is $934,000,000 above the fiscal year 2021 level.

                 Balanced Homeland Security Investments

    Investments in this bill are intended to balance competing 
priorities across the Department's important missions, all of 
which are critical to the security of the country. The bill 
continues important investments to recapitalize Coast Guard air 
and sea fleets, including continued support for the Polar 
Security Cutter and Offshore Patrol Cutter programs; hire more 
Secret Service agents and Uniformed Division officers to reduce 
mandatory overtime; expedite the procurement of more effective 
imaging technology for the Transportation Security 
Administration and U.S. Customs and Border Protection (CBP); 
help communities develop public health-focused approaches by 
providing help to individuals before they commit a crime or 
engage in violence, including through grants, technical 
assistance, and research; and expand the capacity of the 
Federal Emergency Management Agency's disaster response 
workforce. The bill also establishes new initiatives, such as a 
Migration Analysis Center to assess migration-related programs 
and policies and establish integrated planning profiles to 
inform budget requests and emergent resource requirements.

               Cybersecurity and Infrastructure Security

    The Committee recommends an increase of $397,372,000 above 
the fiscal year 2021 level for the Cybersecurity and 
Infrastructure Security Agency to better protect federal 
civilian cyber networks and better help state and local 
governments and the private sector secure both cyber and 
physical infrastructure, including election infrastructure.

                            Border Security

    There is a strong bipartisan consensus on the importance of 
homeland security, even if the focus in recent years has too 
often been on funding and policy disagreements related to 
border security and immigration enforcement. The COVID-19 
pandemic has reinforced the importance of homeland security 
beyond the immigration issue, particularly as the Federal 
Emergency Management Agency has taken a major response 
coordination role.
    The bill's recommendation for CBP operations is 
$653,886,000 above the fiscal year 2021 level and $136,000,000 
above the request, including $35,000,000 for border security 
technology at and between the ports of entry; $30,000,000 for 
cameras, including body-worn cameras and cameras in Border 
Patrol facilities; and $23,000,000 to improve conditions in 
migrant holding facilities. Within CBP's Procurement, 
Construction and Improvements account, the recommendation 
includes $142,600,000 above the request for new technology, 
both at and between the ports of entry, and makes available up 
to $100,000,000 in prior-year funding available for mitigation 
of the environmental impacts of border barrier construction. An 
additional $170,000,000 is recommended through the Management 
Directorate for migrant processing facilities at the border; 
and $655,000,000 is provided in title V of the bill for land 
port of entry construction and modernization.
    The bill rescinds $2,063,000,000 from prior-year border 
barrier construction appropriations and redistributes those 
funds to high priority areas across the fiscal year 2022 bill, 
including CBP, ICE, and Coast Guard mission areas.

                     Civil Immigration Enforcement

    Immigration detention is civil detention; almost no one in 
the custody of U.S. Immigration and Customs Enforcement (ICE) 
is a criminal in the sense of having been convicted of a crime 
for which they have not served a criminal sentence. That is not 
to say that some individuals ICE arrests and detains are not 
threats to public safety; but the vast majority pose no such 
threat and, were they U.S. citizens, there would be no clamor 
to keep them in detention.
    The bill continues to expand ICE's reliance on 
noncustodial, cooperative immigration compliance models by 
increasing funding for alternatives to detention (ATD) 
programs. It funds at least two detention facility inspections 
per year at ICE's over-72 hours facilities; expands inspections 
at other detention facilities; and provides funding consistent 
with an average daily population in detention for single adults 
of 28,500 during fiscal year 2022. This detention capacity for 
single adults will allow ICE to arrest, detain, and remove 
individuals who are enforcement priorities without over 
detaining anyone who is determined to be neither a flight risk 
nor a threat to public safety or national security.
    The bill funds a new Non-Custodial Migrant Shelter grant 
program to support the establishment and operation of shelters 
at the border for migrants released from CBP custody, which 
will include a separate space for ICE personnel to carry out 
processing related to immigration adjudication proceedings and 
place migrants into an alternative to detention program with 
appropriate case management services. While CBP will continue 
to transfer most single adults to ICE custody for processing, 
these shelters will replace detention as the primary mechanism 
for initial processing for families and vulnerable single 
adults.
    The bill also continues and increases funding for an ATD 
case management pilot grant program, overseen by the Office for 
Civil Rights and Civil Liberties, which will make its first 
awards in fiscal year 2022 with a combined $20,000,000 in 
funding.
    A modified provision in the bill prohibits the use of funds 
to delegate federal immigration enforcement authorities under 
the 287(g) program to any state or local law enforcement 
officer for activities outside of a jail or prison. Under the 
287(g) Jail Model, those officers only use delegated ICE 
authorities to verify whether someone who was arrested for a 
non-immigration offense is potentially removable and fits an 
ICE priority removal category; those officers are then able to 
place such individuals into removal proceedings and transfer 
them to ICE custody. The modified provision also requires ICE 
to withdraw from a 287(g) agreement if the DHS Office for Civil 
Rights and Civil Liberties or ICE's Office of Professional 
Responsibility find evidence that a jurisdiction has violated 
the civil rights or civil liberties of an individual that was 
later taken into ICE custody, absent evidence of mitigating 
factors.
    The bill provides $99,735,000 above the request for 
Homeland Security Investigations (HSI) and ensures that HSI 
resources remain focused on criminal investigations by 
prohibiting its engagement in civil immigration enforcement 
activities without probable cause that an individual who is the 
subject of enforcement action has committed a criminal offense 
not solely related to immigration status.

                        References in the Report

    This report refers to certain entities, persons, funds, and 
documents as follows: the Department of Homeland Security is 
referenced as DHS or the Department; the Government 
Accountability Office is referenced as GAO; and the Office of 
Inspector General of the Department of Homeland Security is 
referenced as OIG. In addition, ``full-time equivalents'' are 
referred to as FTE; ``Information Technology'' is referred to 
as IT; ``program, project, and activity'' is referred to as 
PPA; any reference to ``the Secretary'' should be interpreted 
to mean the Secretary of Homeland Security; ``component'' 
should be interpreted to mean an agency, administration, or 
directorate within DHS; any reference to SLTT should be 
interpreted to mean state, local, tribal, and territorial; and 
``budget request'' or ``the request'' should be interpreted to 
mean the budget of the U.S. Government for fiscal year 2022 
that was submitted to Congress on May 28, 2021.

    TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND 
                               OVERSIGHT


                                Mission

    The mission of Departmental Management, Operations, 
Intelligence, and Oversight is to provide leadership and 
services to Department of Homeland Security (DHS) components; 
formulate policy guidance and directives; disseminate 
intelligence; identify and track performance measurements 
relating to DHS missions; and provide oversight for all DHS 
operations.

            Office of the Secretary and Executive Management


 
 
 
Appropriation, fiscal year 2021.......................      $205,819,000
Budget request, fiscal year 2022......................       249,747,000
Recommended in the bill...............................       268,153,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +62,334,000
    Budget request, fiscal year 2022..................       +18,406,000
 

    The Office of the Secretary and Executive Management (OSEM) 
plans and executes departmental strategies to accomplish agency 
objectives and provides policy guidance to departmental 
components.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2021.......................      $180,819,000
Budget request, fiscal year 2022......................       224,747,000
Recommended in the bill...............................       233,153,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +52,334,000
    Budget request, fiscal year 2022..................        +8,406,000
 

    The recommendation includes increases above the request 
totaling $8,406,000, including increases of $4,700,000 for the 
Office of Strategy, Policy, and Plans; $3,500,000 for the 
Office for Civil Rights and Civil Liberties (CRCL); $410,000 
for the Office of the Immigration Detention Ombudsman (OIDO); 
and $400,000 for Operations and Engagement (O&E). The proposed 
realignment of $604,000 for the Office of Faith and 
Neighborhood Partnerships to O&E from FEMA is denied.
    Blue Campaign.--The recommendation includes an increase 
above the request of $400,000 to the Office of Public 
Engagement (OPE) for the Blue Campaign, for a total of 
$3,000,000 for the program in direct appropriations. A 
department-wide initiative to combat human trafficking, the 
Blue Campaign has historically been funded through end-of-year 
contributions from components, an approach that is 
inappropriate for the program's long-term sustainment. In 
addition to this direct appropriation, DHS is directed to 
account for and propose full, direct funding for program 
operations in the justification materials that accompany future 
budget submissions.
    Border Barrier Mitigation.--The Department's past use of 
authority provided in the REAL ID Act (Public Law 109-13) to 
broadly waive federal and state laws to expedite the 
construction of border barriers has resulted in significant, 
unjustified harms to border communities, tribal lands, the 
environment, and wildlife. The Committee supports the recent 
decision by the Department to withdraw active waivers, except 
for those necessary to address immediate health and safety 
concerns, and includes a provision is included in title II of 
the bill authorizing the Department to use border barrier 
construction funds that become available after enactment of 
this Act for the mitigation of these harms. Those funds are in 
addition to funds already available for that purpose.
    Within 120 days of the dates of enactment of this Act, the 
Secretary of Homeland Security, in consultation with the 
Secretary of the Interior, shall convene a multi-agency working 
group that includes the Department of Agriculture, the Council 
on Environmental Quality, and other relevant departments and 
agencies to identify the impacts of border security 
infrastructure on local environments, wildlife, communities, 
and tribes. Not later than 240 days after the date of enactment 
of this Act, the Secretary shall provide the Committee with a 
plan for remediating harmful impacts of such infrastructure, 
including recommendations about where existing infrastructure 
should be decommissioned or altered in conjunction with 
alternative approaches for addressing border security 
requirements. In carrying out this directive, the Secretary is 
directed to consult with local governments, tribes, 
communities, scientists, environmental experts, and other 
stakeholders.
    Case Management and Community Support Services.--To expand 
the focus of case management programs beyond compliance with 
immigration proceedings and to increase participation in these 
services, the Committee directs DHS to coordinate with the 
Department of Health and Human Services (HHS) to provide an 
analysis of existing programs, including existing case 
management services funded through U.S. Immigration and Customs 
Enforcement and the recently funded Alternatives to Detention 
Case Management Pilot Program to be designed and overseen by 
CRCL that will provide these services though Federal Emergency 
Management Agency (FEMA)-administered grants to community-based 
organizations. Further, DHS and HHS shall explore the 
feasibility of funding and managing case management services 
currently offered by DHS through agencies or offices within HHS 
that serve similar populations.
    The Committee directs the departments to provide a briefing 
about the results of the analysis and their evaluation within 
180 days of the date of enactment of this Act, which shall also 
include a recommendation for the appropriate organizational 
placement for case management services to serve additional 
populations through community-based organizations seeking to 
provide case management and social services focused on fair and 
equitable outcomes for individuals and families. The briefing 
shall clearly outline the risks and opportunities associated 
with existing and proposed programs and mitigation strategies 
that could be deployed to address those, and it shall include 
any funding and staffing impacts.
    Center for Prevention Programs and Partnerships.--Based on 
concerns about the effectiveness and potential negative impacts 
of previous departmental efforts on countering violent 
extremism (CVE), the Department recently established a Center 
for Prevention Programs and Partnerships (CP3), which took the 
place of the former Office of Targeted Violence and Terrorism 
Prevention. The former approach lacked the confidence of many 
civil rights organizations and communities with which the 
Department was attempting to engage--particularly communities 
with significant Muslim, South Asian, and Arab populations. A 
major criticism of the Department's earlier CVE efforts was its 
disproportionate focus on foreign-supported and foreign-
inspired terrorism, with relatively little emphasis on helping 
communities prevent violence based on personal grievances or on 
racially or ethnically motivated ideologies, which have been 
the predominant motivation for violent attacks over the last 
few decades and particularly in recent years.
    According to CP3, the Department's current effort is based 
on a public health approach to preventing targeted violence and 
terrorism that is supported by the Centers for Disease Control 
and Prevention and grounded in strong empirical evidence for 
how communities can effectively help prevent violence by 
providing help to individuals before they commit a crime or 
engage in violence. A central factor in this community-based, 
public health approach is the proactive integration of civil 
rights, civil liberties, and privacy concerns into every aspect 
of CP3's programs and outreach efforts in collaboration with 
CRCL, the Privacy Office, and the Office of the General 
Counsel.
    The Committee notes that CP3 has embedded CRCL experts 
within its internal deliberation processes for content-
creation, along with a senior CRCL advisor focused on ensuring 
CP3's programs and initiatives maintain a clear focus on the 
protection of civil rights and civil liberties. In addition, 
CP3 has initiated a community engagement strategy, including 
outreach to civil rights and civil liberties advocacy 
organizations, as a key component in the development and 
implementation of local targeted violence and terrorism 
prevention frameworks around the country.
    The Committee strongly supports this community-based 
approach to preventing targeted violence and terrorism and 
looks forward to regular updates on CP3's progress.
    Chief Medical Officer (CMO).--A general provision is 
included in title V that permits the Secretary to use authority 
established under section 872 of the Homeland Act of 2002 (6 
U.S.C. 452) to establish a new executive management office led 
by the CMO to better coordinate the Department's medical and 
public health policies and operations. The provision authorizes 
the transfer to that office of the functions and position of 
the current CMO from the Countering Weapons of Mass Destruction 
Office and the departmental workforce health and medical 
support functions and responsibilities from the Management 
Directorate.
    Counter-Drug Efforts in the Caribbean.--The Committee notes 
that the strategic location of Puerto Rico and the U.S. Virgin 
Islands in the Eastern Caribbean make them targets for 
transnational criminal organizations seeking to import illicit 
narcotics and other contraband into the continental United 
States. The Committee expects the Secretary to continue 
prioritizing border security and counter-drug efforts in and 
around Puerto Rico and the U.S. Virgin Islands, including 
through the Department-led Caribbean Border Interagency Group 
and Joint Interagency Task Force-South.
    Domestic Violent Extremism Review.--The Committee is 
encouraged by the Secretary's announcement of an internal 
review to address the threat of domestic violent extremism 
within the Department. Within 30 days of the date of enactment 
of this Act, the DHS Chief Security Officer (CSO) shall brief 
the Committees on the status of this review, including a 
description of its methodology, scope, results, and 
recommendations.
    Facial Recognition Technology.--The Committee is aware of a 
DHS component's use of a commercial facial recognition 
technology platform for biometric identification that relies on 
the extraction of photographs from social media websites. 
Within 30 days of the date of enactment of this Act, the Office 
of Strategy, Policy, and Plans shall brief the Committee on the 
Department's policies and oversight of components related to 
the use of facial recognition technologies and platforms. The 
briefing should particularly focus on how the Department 
ensures that biometric data obtained through contracts with 
commercial entities have not obtained data in violation of 
laws, regulations, or commercial agreements related to the 
protection of individual privacy.
    Family Separation.--The Department must ensure that family 
unity is a primary factor when making criminal and civil 
charging decisions and, whenever possible and consistent with 
an assessment that it is in the best interest of a child, that 
separated family units are reunited and transported together 
prior to removal, release from U.S. Customs and Border 
Protection (CBP) custody, or transfer to U.S. Immigration and 
Customs Enforcement (ICE) or Office of Refugee Resettlement 
(ORR) custody. Under no circumstances shall a child be 
separated from a parent or legal guardian solely to deter 
migration or promote compliance with immigration laws.
    The familial relationships of each family unit taken into 
DHS custody must be immediately documented and the location of 
every member of a separated family unit must be continuously 
tracked and a specific justification for the initial separation 
must be recorded, along with a justification for any continued 
separation. DHS must ensure that individuals being transferred 
from CBP to ICE custody, in CBP or ICE custody, under ICE 
supervision, or referred to the Department of Justice (DOJ) for 
prosecution are asked about and have opportunities to report 
family separation incidents; verify the status, location, and 
disposition of family members; and regularly communicate with 
one another.
    The Department should also work with DOJ to establish a 
mechanism for ensuring that any information related to family 
separation that is shared during the course of a criminal 
prosecution is conveyed to DHS for purposes of family tracking 
and reunification.
    Family Separation--Extended Family.--DHS has assured the 
Committee that it is no longer separating families at the 
border, absent indications of abuse or serious criminal 
activity by an adult family member. Because current law defines 
a family as a child accompanied by a parent or legal guardian, 
however, children traveling with other adult relatives are 
still routinely separated from them. CBP and ICE shall take the 
interests of extended family unity into consideration in 
determining whether to place such adults into section 240 
removal proceedings in lieu of expelling them under title 42 
authority or placing them into expedited removal, specifically 
those who would be categorized by ORR as a category 2--
immediate relative.
    If such adult migrants are placed into section 240 removal 
proceedings based on family unity considerations, the 
Department shall ensure that ORR is made aware of the family 
relationship as soon as possible to help facilitate and 
expedite the potential sponsorship of those unaccompanied 
children by the immediate relative while they both proceed 
through the immigration adjudication process. Specifically, CBP 
should ensure that its electronic processing systems are 
modified to document immediate family relationships relevant to 
potential sponsorship of an unaccompanied child.
    Family Reunification.--Not later than 90 days after the 
date of enactment of this Act, the Secretary shall submit a 
report to the Committee detailing the conclusions and 
recommendations of the Task Force established pursuant to 
Executive Order 14011, which shall include:
          (1) the number of children separated from a parent or 
        legal guardian between January 20, 2017, and January 
        20, 2021, and the reasons for the separations;
          (2) the number of such children who have been 
        reunited with such parent or legal guardian, 
        differentiated by the number and legal status of 
        reunited families present in the United States and the 
        number reunited outside of the United States;
          (3) the number of such children who have not been so 
        reunited, differentiated by the number present in the 
        United States and the number not present;
          (4) a description of efforts by the Secretary to 
        reunite families described in (3), obstacles to such 
        reunification, and plans to overcome such obstacles; 
        and
          (5) data on the exercise of parole under section 
        212(d)(5)(A) of the Immigration and Nationality Act of 
        1952 (8 U.S.C. 1182(d)(5)(A)), the award of other 
        immigration benefits, and the provision of services and 
        support to families who were separated.
    An administrative provision is included in title II of the 
bill that provides authority to use CBP and ICE Operations and 
Support funding to support the reunification of families who 
were separated under the so-called ``zero tolerance'' policy of 
the prior administration or were otherwise separated without a 
valid reason, such as acting in the best interest of a child 
when there is evidence of child abuse. The Department shall 
provide quarterly updates to the Committee detailing the use of 
funding for this purpose, with the first such report due not 
later than 30 days after the date of enactment of this Act.
    Freedom of Information Act (FOIA) Backlog Reduction Plan.--
The Committee notes that House Report 116-458 directed the 
Department to update a plan for eliminating the department-wide 
backlog of FOIA requests by the end of fiscal year 2022 because 
the initial plan failed to include any funding estimates, as 
required by House Report 116-80. The Committee expects to 
receive the updated plan, which was due in late March, as soon 
as possible.
    Homeland Security Academic Advisory Council (HSAAC).--The 
HSAAC was formed in 2012 to serve as a convening forum for the 
higher education community and homeland security officials to 
discuss shared interests and exchange best practices on a range 
of issues, including foreign influence, cybersecurity, 
international students and scholars, and emergency 
preparedness. HSAAC has not had any public meetings since 2017 
and DHS quietly disbanded the council last year, citing an 
executive order cutting back on the number of federal advisory 
committees. Universities are grappling with a host of issues 
within DHS jurisdiction, including processing delays for 
international students and concerns about foreign efforts to 
influence faculty or gain access to research. By facilitating 
regular communications between leaders in the homeland security 
and higher education community, the HSAAC can ensure 
universities have the information they need to provide a safe 
and productive education experience while being kept abreast of 
real or potential threats to the academic community. The 
Committee urges the Secretary to reconstitute the HSAAC as soon 
as possible.
    Humanitarian Response at the Border.--The Committee is 
aware that the Department has a Surge Force mechanism in place 
to deploy volunteer DHS personnel for emergency and disaster 
response around the country, as well as to help respond to 
migrant surges at the southern border. The Committee directs 
the DHS Chief Medical Officer (CMO) to collaborate with the 
Department of Health and Human Services Office of Refugee 
Resettlement (HHS ORR) and relevant stakeholders to develop a 
combined Humanitarian Response Operating Plan for responding to 
future migrant surges, particularly those involving large 
numbers of families or unaccompanied children. The plan should 
include:
          (1) an assessment of the capabilities and capacity of 
        DHS, HHS, and relevant stakeholders to provide the 
        specialized services necessary to prioritize the 
        welfare of children and families while in government 
        custody and help avoid unnecessary delays in releasing 
        families together on Alternatives to Detention with 
        case management and releasing unaccompanied children to 
        appropriate sponsors;
          (2) mechanisms for participating federal agencies to 
        deploy personnel from across the government to the 
        southern border as necessary during migration surges, 
        in coordination with affected state and local 
        jurisdictions and national and local non-government 
        humanitarian organizations, along with an estimate of 
        the funding requirements associated with such 
        deployment; and
          (3) mechanisms for including personnel who are 
        licensed to provide trauma-informed care, case 
        management, and child welfare and plans for training 
        other participating personnel in these areas, including 
        estimates of the funding requirements for initial and 
        recurrent training.
    In developing the plan, the DHS CMO and HHS ORR should also 
consult with child welfare experts and organizations to 
incorporate best practices into the plan. The Committee directs 
the DHS CMO and HHS ORR to submit the plan to the Committee 
within 180 days of the date of enactment of this Act and to 
update the plan annually to reflect new information and lessons 
learned.
    Joint Requirements Council.--The Committee directs the 
Department to continue providing quarterly updates on Joint 
Requirements Council activities.
    Joint Task Forces (JTF).--The Committee was alarmed to 
discover that the Department deactivated two of its three JTFs, 
which were established in 2014 as part of then-Secretary 
Johnson's Unity of Effort initiative and subsequently 
authorized by Public Law 114-328, without notification to 
Congress. The absence of JTF-West, in particular, became 
evident through an initial lack of coordination in responding 
to the most recent surge in unaccompanied children, family 
units, and single adults along the southwest border. The 
Committee notes that while there has been improvement, 
significant coordination challenges remain, leading to 
avoidable undesirable outcomes.
    The Committee notes that the OIG released a report (OIG-20-
80) on September 30, 2020, which found that the Department did 
not maintain oversight over the JTFs; update policies and 
procedures related to the JTFs; identify JTF staffing and 
resource requirements; or identify JTF costs. The Committee 
directs the Department to provide a briefing, within 30 days of 
the date of publication of this Committee Report, on its plans 
for restoring the JTFs and addressing the findings of OIG-20-80 
or establishing alternate mechanisms for ensuring that the 
Department's law enforcement components efficiently coordinate 
their respective roles and responsibilities.
    Management Directive 0810.1.--Promptly and thoroughly 
investigating allegations of personnel misconduct are critical 
to ensuring the integrity, accountability, and transparency of 
the Department of Homeland Security and its components. In June 
2004, shortly after the Department was first established, the 
Secretary issued Management Directive (MD) 0810.1, outlining 
the roles and responsibilities of the Office of Inspector 
General (OIG).This directive requires DHS components to refer 
all allegations of serious and criminal misconduct to OIG, 
which has the right to claim exclusive jurisdiction over the 
investigation of such allegations. While such referrals are 
appropriate for ensuring third party oversight of the most 
serious or systemic investigations, they too often result in 
eventual OIG declinations that unnecessarily delay 
investigations that component oversight personnel could 
otherwise carry out.
    Over the 17 years since DHS MD 0810.1 was issued, the 
Department and Congress have established a broad framework of 
oversight offices with jurisdiction and authority to 
investigate personnel misconduct, including Offices of 
Professional Responsibility within TSA, CBP, and ICE that 
employ criminal investigators with the authority to investigate 
allegations of administrative and criminal misconduct. Most 
recently, Congress established the Office of the Immigration 
Detention Ombudsman, which has broad authority to inspect, 
review, and investigate matters under its purview.
    To ensure DHS has an efficient and effective oversight 
framework, the Committee directs the Secretary to review MD 
0810.1 to ensure the Department has clearly delineated roles 
and responsibilities for each of its oversight bodies, while 
also preserving the OIG's independence and authorities granted 
by the Inspector General Act of 1978. In reviewing this 
directive, for matters where the Secretary determines the OIG 
shall have the opportunity to claim exclusive jurisdiction, 
such jurisdiction shall be reviewed to ensure it is narrowly 
tailored to ensure that the Department's other oversight 
functions are able to continue to execute their 
responsibilities, such as ensuring that immediate medical needs 
of detainees are met at a facility where the OIG is also 
conducting an investigation into medical malpractice. The 
Secretary shall brief the Committees not later than 90 days 
after the date of enactment of this Act on the interim findings 
of this review and issue a revised directive, as warranted by 
the review, not later than 180 days after the date of enactment 
of this Act.
    Migration Analysis Center.--The Committee is concerned 
about the lack of data- and evidence-based decision-making 
models and analyses to inform policy and resource decisions 
impacted by the U.S. immigration system. Annual budget 
submissions and emergency budget requests lack a detailed, 
consistent articulation of documented planning profiles for 
anticipated migration at the border that can be used to 
identify various resources requirements for CBP, ICE, USCIS, 
ORR, DOJ's Executive Office for Immigration Review, the 
Department of State Bureau of Consular Affairs, and the 
Department of Labor Employment and Training Administration. 
Further, there continues to be a lack of integrated policy 
analysis and data collection requirements across all relevant 
agencies to objectively evaluate policies and programs--such as 
whether changes to temporary work visa programs impact 
migration between the ports of entry or whether United States 
Agency for International Development investments in the 
northern triangle countries are having the intended 
stabilization impact to curb economic migration.
    To address this challenge, the recommendation provides an 
increase of $4,700,000 above the request for the Office of 
Strategy, Policy, and Plans to establish an interagency 
Migration Analysis Center (MAC) in partnership with the 
Immigration Data Integration Initiative (IDII). While the scope 
of the MAC should mature and evolve over time to continue the 
study of migration-related programs and policies, the initial 
focus shall be to establish integrated planning profiles to 
inform budget requests and emergent resource requirements 
analysis. The MAC shall include participation across DHS, as 
well as other agencies whose missions intersect with 
immigration-related policies and programs. Additionally, the 
MAC shall engage with academia; state, local, tribal, and 
territorial communities; the private and non-profit sectors; 
and research communities to better understand migration-related 
issues. The MAC shall also work to establish an independent 
peer-review process for its models and other work products to 
improve and strengthen their validity and utility for decision 
making.
    To the extent required data are available, the MAC shall 
utilize the OIS/IIDI Statistical Immigration Data System of 
Record, which is designed to serve as a single authoritative 
source of enterprise-wide statistical immigration data, while 
working with OIS to address any deficiencies or weaknesses in 
such data. To ensure success, MAC staff, along with the broader 
IDII data collection effort, shall have uninhibited access to 
query federal data management systems for the purposes of 
developing models and analyses and shall also be consulted as 
part of the IDII data governance process on changes to data 
systems to ensure that necessary information is being collected 
for its analyses.
    Additionally, the MAC shall examine the utility of the 
Migrant Model Integration decision support tool developed by 
S&T's System of Systems Operational Analytics in collaboration 
with CBP's Enterprise Analytics Division. The Committee is 
encouraged by the progress made on this tool and recommends the 
MAC work with S&T to build upon its capabilities to meet its 
analysis, planning, and modeling requirements.
    Not later than 60 days after the date of enactment of this 
Act, the Under Secretary for the Office of Strategy, Policy, 
and Plans shall consult with the Committee on plans for 
establishing the MAC, which shall include a general vision and 
overview; a schedule of anticipated milestones for the upcoming 
fiscal year; and a budget and staffing plan, to include any 
anticipated procurement-related actions.
    Minority Serving Institutions.--The Secretary is encouraged 
to enhance partnerships with Historically Black Colleges and 
Universities, Hispanic-Serving Institutions, Asian American and 
Native American Pacific Islander Serving Institutions, Tribal 
Colleges and Universities, and other minority-serving 
institutions with respect to administering the research and 
development activities of the Department by:
          (1) encouraging the participation of such colleges, 
        universities, and institutions in the research, 
        development, testing, and evaluation programs and 
        activities of the Department;
          (2) facilitating partnerships between such colleges, 
        universities, and institutions and private sector 
        stakeholders, national laboratories, and other academic 
        institutions in areas important to homeland security, 
        including cyber security, emergency management, and 
        counter terrorism; and
          (3) distributing funds through Science and Technology 
        Directorate (S&T) grants, cooperative agreements, and 
        contracts to such colleges, universities, and 
        institutions for enhancements in areas important to 
        homeland security, including cyber security, emergency 
        management, and counter terrorism.
    The Department is directed to brief the Committee on these 
efforts within 120 days of the date of enactment of this Act. 
The Committee notes that the recommendation includes $7,657,000 
for the Minority Serving Institutions Program (MSIP) through 
the S&T Research and Development account, an increase of 
$2,500,000 or 33 percent.
    Office for Civil Rights and Civil Liberties (CRCL).--The 
Committee recommends $42,160,000 for CRCL, $3,500,000 above the 
request, including an increase of $750,000 for management and 
administration of the Alternatives to Detention Case Management 
Pilot Program; $500,000 for additional capacity to support the 
participation of women from partner nations in government 
capacity building, peace keeping, law enforcement, and border 
security, as authorized by the Women, Peace, and Security Act; 
and $5,961,000 for additional staffing. Of the funds provided 
for additional staffing, $3,711,000 supports the requested 
staffing increases and an additional $2,250,000 is for the 
Compliance Division.
    CRCL shall ensure that all individuals whose complaints it 
investigates receive information within 30 days of the 
submission of a final report or recommendations memorandum, 
including findings of fact, conclusions, and recommendations. 
CRCL shall also ensure that such information is included in its 
annual report to Congress, consistent with individual privacy 
protections.
    The Committee reminds CRCL of the directive in the 
explanatory statement accompanying the Department of Homeland 
Security Appropriations Act, 2021 (Division F of Public Law 
116-260) requiring the office to conduct an analysis of 
component language access plans and looks forward to a briefing 
on the results of that analysis, including recommendations for 
improvement, as soon as possible.
    Office of the Immigration Detention Ombudsman.--The 
recommendation includes $20,304,000 for the Office of the 
Immigration Detention Ombudsman, an increase of $410,000 above 
the request to maintain current services. The annual report of 
the Immigration Detention Ombudsman required by Public Law 116-
93 shall include descriptions of the office's activities, 
findings, and recommendations, including copies of complaint 
forms and descriptions of complaint mechanisms; the number and 
types of complaints received, investigated, resolved, and 
referred to the ICE Office of Detention Oversight, CRCL, or the 
OIG. In addition, the Ombudsman shall brief the Committee 
quarterly on the office's activities.
    Oversight of CBP Surveillance Technology.--Within 120 days 
of the date of enactment of this Act, the Committee directs DHS 
to make available on a public website the following information 
on each type of border security surveillance technology in use 
between the ports of entry:
          (1) the type of technology, including its mechanism 
        for collecting data and the type of data it collects;
          (2) the justification for the use of the technology;
          (3) potential privacy rights impacts that could 
        result from the use of the technology and requirements 
        in place to mitigate such impacts;
          (4) privacy or civil liberties reviews submitted to 
        or carried out by CRCL or the Privacy Office;
          (5) oversight mechanisms in place to ensure adherence 
        to privacy laws and policies;
          (6) the data collection, handling, and disposal 
        policies for the technology;
          (7) any contract or other agreement for the 
        acquisition or use of the technology, with appropriate 
        redactions for proprietary information; and
          (8) any memoranda of understanding with other 
        agencies related to the use of the technology and 
        accompanying justification for each agreement.
    DHS shall also make such information available for any new 
type of surveillance technology as part of a public notice and 
comment period of not fewer than 60-days prior to its 
deployment to allow for input from privacy and technology 
stakeholders. In addition, the Department shall provide a 60-
day notice to communities prior to the initial deployment of 
any type of surveillance technology and host public forums in 
such communities to provide opportunities for community comment 
and feedback.
    Performance Measures.--The Committee directs all agencies 
funded by this Act to comply with title 31 of the United States 
Code, including the development of their organizational 
priority goals and outcomes such as performance outcome 
measures, output measures, efficiency measures, and customer 
service measures. The Department is directed to report back to 
the Committees on these efforts within 60 days of the date of 
enactment of this Act.
    Public Complaint and Feedback System Working Group.--The 
Committee recommends continued funding of $500,000, as 
requested, to support the activities of the Public Complaint 
and Feedback System Working Group, as directed in prior House 
reports. In addition, the Working Group should collaborate with 
the Department in developing standards to improve customer 
service and incorporating such standards into the performance 
plans required under 31 U.S.C. 1115. The Office of Public 
Engagement shall brief the Committee semi-annually on the 
progress of the Working Group, as described in the explanatory 
statement accompanying Public Law 115-141, as well as on 
progress in developing customer service standards.
    Racial Profiling in Law Enforcement.--The Committee directs 
CRCL to develop a specialized mechanism, in collaboration with 
ICE, CBP, local law enforcement stakeholders, and civil rights 
and civil liberties organizations, for receiving complaints 
from the public about racial profiling, implicit bias, and 
other civil liberties violations arising from state and local 
law enforcement involvement in federal immigration enforcement, 
including through the 287(g) program, continued detention based 
on ICE detainers, and the Secure Communities program.
    Review of Law Enforcement Officer (LEO) Duties.--In lieu of 
increasing the number of Border Patrol Agents, CBP Officers, or 
Detention and Deportation Officers in this Act, the Committee 
directs DHS to examine the feasibility and impact of 
reclassifying job functions that require an immigration officer 
to assess whether such functions can be conducted by individual 
other than an LEO if currently executed by one. The Secretary 
of Homeland Security shall engage with an independent entity 
that has expertise in such matters, such as a Federally Funded 
Research and Development Center, to review the legal definition 
of an immigration officer and employees as described in 8 
U.S.C. 1357, 8 U.S.C. 1225, and relevant regulations regarding 
their duties and responsibilities to determine the extent to 
which various functions that require such employees can be 
executed by a non-LEO. The Committee recommends that DHS 
decrease its reliance on LEOs for functions where the unique 
training, expertise, and access to firearms available to LEOs 
is not required, such decreasing reliance on LEOs for 
processing of recent border crossers into DHS systems. The 
Committee requests that the review evaluate whether functions 
currently performed by LEOs could be reassigned to a non-LEO 
position to achieve a more efficient and effective use of 
resources. DHS is directed to brief the Committee on the 
results of this evaluation not later 120 days after the date of 
enactment of this Act and shall include recommendations for 
consideration in future budget requests and Congressional 
consideration.
    Rural Broadband Access.--To expand rural broadband 
infrastructure in unserved rural areas and tribal lands along 
the southwest and northern borders, the Committee encourages 
the Secretary to identify opportunities for public-private 
partnerships with broadband providers to incorporate affordable 
public accessible broadband into current and future tactical 
infrastructure projects. The Department is directed to brief 
the Committee on such efforts within 60 days of the date of 
enactment of this Act.
    Sodium Cyanide.--The Committee notes that House Report 116-
458 directed the Department to provide a briefing on the safety 
and security of ``bag-box'' containers when used to import 
sodium cyanide briquettes using in mining operations, and looks 
forward to receiving this now overdue briefing as soon as 
possible.
    State and Local Law Enforcement.--The Committee directs the 
Office of Strategy, Policy, and Plans to evaluate the 
Department's interactions and relationships with local law 
enforcement agencies, including but not limited to the 287(g) 
program and Secure Communities. This evaluation should result 
in specific recommendations for ensuring that the Department 
does not inappropriately incentivize the involvement of local 
law enforcement agencies in the enforcement of federal 
immigration law or impose duties on such agencies that may be 
harmful to the relationships between such agencies and the 
communities they serve. The Office is directed to brief the 
Committee on the results of its evaluation not later than 120 
days after the date of enactment of this Act.
    Strategic Response Strategy for Biological Threats.--The 
Committee notes that House Report 116-458 directed the 
Secretary to establish and maintain a strategic response 
strategy for biological threats that have the potential to 
impact the ability of the Department to execute or sustain its 
homeland-security mission, and to provide a briefing on the 
strategy not later than 120 days after the date of enactment of 
Public Law 116-260. The Committee looks forward to receiving 
that now overdue briefing in the near future.
    Support to Law Enforcement Agencies.--Section 532 of the 
bill requires the Department to publicly report on requests 
from state, local, and other federal law enforcement agencies 
for support from a DHS law enforcement component, as well as 
when such support is provided. The provision also requires the 
Secretary's approval for such support to be provided in the 
context of a mass gathering or public protest event. In 
addition, the Secretary shall ensure that DHS law enforcement 
personnel participating in support activities for state, local, 
or other federal law enforcement agencies wear uniforms that 
clearly indicate the name of their DHS component.
    Training.--The Committee supports vigorous action to 
improve training for all federal, state and local law 
enforcement officers on racial profiling, implicit bias, 
procedural justice, the use of force, and the duty for officers 
to intervene when witnessing the use of excessive force against 
civilians. The Committee therefore directs the Secretary to 
work with the Attorney General and the Federal Law Enforcement 
Training Centers to implement improved, mandatory training on 
these topics for all federal law enforcement officers, along 
with the development of related standards that can be applied 
in hiring and performance assessments. The Secretary should 
also consider establishing incentives through the State 
Homeland Security Grant Program and the Urban Area Security 
Initiative for states and local jurisdictions to adopt the 
standards. These training requirements and standards should be 
based on the related provisions in H.R. 1280, as passed by the 
House of Representatives in March 2021.
    Translation Services.--In response to a directive in House 
Report 116-180 regarding translation services for migrants in 
DHS custody, the Department advised the Committee that it uses 
a DHS-wide contract vehicle for language services, including 
translation services, through which approximately 60 percent of 
the Department's translation services have been acquired in 
recent years, including those of CBP, ICE, and USCIS. As the 
current contract expires in fiscal year 2021, the Committee 
directs the Department to ensure that the replacement contract 
includes translation services for Indigenous, African, and 
Caribbean languages.
    Use of Force.--DHS shall prioritize use of force policies 
and practices that direct officers and agents to place 
paramount value on the preservation of human life, deploy de-
escalation and non-lethal responses, and train agents to use 
lethal force as a last resort in responding to an imminent, 
life-threatening situation after all reasonable alternatives 
have been exhausted.
    Not later than 24 hours after any use of force incident 
resulting in serious injury or death, DHS shall make public a 
summary of the known facts of the incident, with appropriate 
due process protections for the involved parties. Beginning not 
later than 90 days after the date of enactment of this Act and 
quarterly thereafter, the Department shall collect and publish 
data on all use-of-force incidents, including vehicle pursuits. 
The summaries shall include the location; type(s) of force 
used; justification for each use-of-force; number of law 
enforcement personnel involved; number of individuals injured, 
delineated by age, gender, nationality, race, and ethnicity; 
and type, source, and location of any medical care provided. 
The reports should be updated, as necessary, to include the 
results of agency incident reviews and any disciplinary or 
other agency actions or outcomes.
    Not later than 120 days after the date of enactment of this 
Act, the Department shall brief the Committee on a plan for 
establishing an independent commission of experts to serve as a 
permanent civilian oversight body for DHS law enforcement 
components to review component use of force and misconduct 
reviews and make public recommendations for changes in policy, 
practice, or oversight. Commission members should have 
authority to observe Discipline Review Board and Use of Force 
Review Board proceedings. Membership of the Commission should 
include a balanced variety of stakeholder perspectives, 
including members representing law enforcement organizations, 
border communities, legal experts, and immigrant advocacy 
organizations.
    The Committee directs GAO to review use of force policies, 
incident tracking mechanisms, and training for DHS law 
enforcement components, including an assessment of whether use 
of force policies, standards, and practices--including vehicle 
pursuit policies, apprehension tactics, and training on de-
escalation and non-lethal responses--reflect law enforcement 
best practices and adhere to standards developed by expert 
organization such as the Police Executive Research Forum and 
the International Association of Chiefs of Police. The review 
should also assess whether policies and oversight mechanisms 
reflect recommendations from the Homeland Security Advisory 
Council's Integrity Advisory Panel, including recommendations 
to reward professionalism, prevent abuse and corruption, and 
create a culture of accountability.
    Use of Force Reporting.--The Committee encourages the 
Secretary to make participation in the National Use of Force 
Data Collection Program of the Federal Bureau of Investigation 
by state and local law enforcement agencies a condition for 
eligibility for federal grant funding, including State Homeland 
Security Program grants and Urban Area Security Initiative 
grants.
    Visa Overstay and Border Security Metrics.--The Committee 
directs the Department to continue to provide the report on 
visa overstay and border security metrics detailed in section 
107 of the Department of Homeland Security Appropriations Act, 
2018 (division F of Public Law 115-141).

                           FEDERAL ASSISTANCE

                     (INCLUDING TRANSFER OF FUNDS)

 
 
 
Appropriation, fiscal year 2021.......................       $25,000,000
Budget request, fiscal year 2022......................        25,000,000
Recommended in the bill...............................        35,000,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +10,000,000
    Budget request, fiscal year 2022..................       +10,000,000
 

    The recommendation includes $10,000,000 above the request 
for the Alternatives to Detention (ATD) Case Management 
Services Pilot (CMSP) program. The total amount of funding made 
available in this account, which funds both Targeted Violence 
and Terrorism Prevention grants and ATD CMSP grants, is 
transferred to FEMA for administration.

                         Management Directorate


 
 
 
Appropriation, fiscal year 2021.......................    $3,201,705,000
Budget request, fiscal year 2022......................     3,674,924,000
Recommended in the bill...............................     3,790,369,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +588,664,000
    Budget request, fiscal year 2022..................      +115,445,000
 
*Note--the amounts for each fiscal year include appropriations for the
  Federal Protective Service that are entirely offset by fee collections
  from other federal agencies, which for fiscal year 2022 are estimated
  by the Congressional Budget Office at $1,625,000,000.

                                Mission

    The mission of the Management Directorate is to provide 
policy, guidance, operational oversight and support, and 
management solutions for the Department.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2021.......................    $1,398,162,000
Budget request, fiscal year 2022......................     1,653,553,000
Recommended in the bill...............................     1,653,553,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +255,391,000
    Budget request, fiscal year 2022..................             - - -
 

    Cybersecurity Risks.--Not later than 90 days after the date 
of enactment of this Act, the CIO shall brief the Committee on 
cyber security capability gaps and associated risks by 
component in prioritized order.The briefing, which may be 
provided in classified and unclassified formats, shall identify 
specific gaps and risks and include cost estimates and a 
schedule for remediating them.
    Facility Consolidations.--Not later than 90 days after the 
date of enactment of this Act, CRSO shall brief the Committee 
on its ongoing efforts to consolidate DHS facilities and 
leverage partnerships with local governments, colleges, 
universities, and other federal agencies in South Texas. The 
briefing should include associated schedules, anticipated cost 
savings, and resource requirements, particularly for near term 
partnership opportunities and including potential agreements 
with community colleges to secure training space for CBP and 
ICE.
    Obligation Plans.--The Department shall continue to submit 
obligation plans on a quarterly basis, as detailed in Public 
Law 114-113 and Public Law 115-31. The Office of the Chief 
Financial Officer (OCFO) shall require the use of a uniform 
obligation plan template to ensure consistency across 
components, which shall include quarterly spending targets for 
each account and PPA, including unobligated carryover balances. 
Each component shall be required to report to OCFO all actual 
obligations and expenditures within 20 days of the close of 
each quarter and OCFO shall provide the consolidated set of 
plans to the Committee within 30 days of the close of each 
quarter. OCFO will also be responsible for ensuring that 
components with major acquisition programs include the breakout 
of these programs within their quarterly plans and provide 
additional context to describe and justify any changes from the 
prior submission. During the period of any continuing 
resolution, OCFO shall provide a briefing on the corresponding 
obligation and budget execution plan, as directed in House 
Report 114-215.
    Strengthening Domestic Manufacturing and Supply Chains.--
The Committee is concerned about the nation's limited 
manufacturing base for essential products such as medical 
devices, medical equipment, pharmaceuticals, and personal 
protective equipment (PPE), which the early period of the 
coronavirus pandemic amply demonstrated. The Committee 
encourages the Secretary to work with other departments and 
agencies to ensure a long-term sustainable domestic supply 
chain for PPE and other items that may be in short supply in a 
future heath pandemic or catastrophic natural disaster.
    Small Unmanned Aerial Systems (sUAS) Procurement.--Not 
later than 60 days after the date of enactment of this Act, the 
Department is directed to brief the Committee on the current 
guidance for the acquisition of sUAS, including preparedness 
grant guidance. The Committee is particularly interested in 
policies regarding foreign made sUAS and any risk assessments 
or certifications required for those procurements, as well as 
any review of domestically available products.
    Vehicles.--Not later than 90 days after the date of the 
enactment of this Act, the CFO and CRSO shall brief the 
Committee on the types and numbers of vehicles purchased or 
leased by the Department, including its components, over the 
last three fiscal years and on planned vehicle purchases for 
fiscal year 2022.The Committee notes that limitations on the 
purchase or lease of vehicles is contained in multiple accounts 
in the bill.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2021.......................      $214,795,000
Budget request, fiscal year 2022......................       396,371,000
Recommended in the bill...............................       511,816,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +297,021,000
    Budget request, fiscal year 2022..................      +115,445,000
 

    The recommendation includes a decrease from the request of 
$30,000,000 from financial systems modernization and 
$25,000,000 from the Homeland Advanced Recognition Technology 
system due to schedule delays in both programs. The 
recommendation includes an increase of $170,000,000 for the 
Chief Readiness Support Office (CSRO), as described below, and 
an increase of $445,000 to address an error in the request for 
Mission Support Assets and Infrastructure.
    Biometric Systems.--The COVID-19 pandemic further 
illustrated the benefits of touchless technologies at domestic 
and international airports that improve the efficiency of 
security checkpoints while minimizing the potential spread of 
infections. The Committee supports the continued development of 
accurate biometric identity validation tools to improve 
security and make the journey from curb to gate at airports 
more seamless and safe, while also emphasizing that use of such 
technologies should be voluntary by passengers and that the 
protection of passenger privacy and minimizing the retention of 
personal data is paramount.
    Common Enterprise Data.--The Committee is supportive of 
efforts across the Department to leverage data to make informed 
operational and policy decisions. The Committee is aware of 
similar efforts within the Department of Defense (DoD), which 
has achieved good results by bringing together disparate data 
systems to provide departmental leadership with improved 
visibility across the DoD enterprise. The Department is 
directed to explore the feasibility and possible utilization of 
such a system, as well as associated resource requirements, and 
report to the Committee on the results not later than 120 days 
after the date of enactment of this Act.
    Homeland Advanced Recognition Technology (HART) Program 
Breach.--The recommendation includes a decrease of $25,000,000 
in proposed funding for the HART program due to continued 
program delays.The funding baseline for HART was established in 
2016. The program suffered an early schedule breach in 2017 and 
was removed from breach in May 2019. In January 2020, the 
program was again declared to be in abreach for both cost and 
schedule.As of the date of this report, the program has still 
not gained Acquisition Review Board approval for a revised 
program baseline detailing a new lifecycle cost and schedule 
for achieving program milestones. Nor has the program provided 
an obligation plan to the Committee for funding previously 
appropriated or that requested in the fiscal year 2022 budget 
proposal. In addition, it is the Committee's understanding that 
HART Increments 3 and 4 will now be labeled as ``future 
capabilities.''
    Not later than 30 days after the date of enactment of this 
Act, the Under Secretary for Management (USM) shall brief the 
Committee on how DHS is addressing systemic delays in the HART 
program. The briefing shall address the program's development 
efforts; plans for program breach remediation and re-
baselining; program schedule, cost, and affordability; risks; 
mission outcomes; and accomplishments. The USM shall also 
address how the Department plans to work with HART customers to 
address the impacts of the delayed capabilities on their 
programs and activities.
    Headquarters Consolidation.--The Committee directs the 
Department to provide an update on headquarters consolidation 
not later than 30 days after the date of enactment of this Act.
    Joint Migrant Processing Centers.--The Committee recommends 
$170,000,000 above the request for the CRSO for integrated, 
joint migrant processing centers (JMPC).The CRSO, in 
conjunction with CBP, ICE, and USCIS, shall work with the 
Office of Strategy, Policy, and Plans, the Office of the 
General Counsel, the Office of the Undersecretary for 
Management, the Office for Civil Rights and Civil Liberties; 
and the Office of the Immigration Detention Ombudsman, along 
with interagency partners such as HHS and the Department of 
Justice, to develop requirements for establishing JMPCs. CRSO 
shall act as the executive agent for the design and 
construction of such centers, which shall appropriately shelter 
unaccompanied children, family units, and single adults as they 
undergo processing required under the immigration laws, 
including adherence to Flores settlement requirements; enhance 
the coordination among federal agencies and between such 
agencies and non-profit organizations or local jurisdictions 
that provide shelter and support to migrants following their 
release from DHS custody; and minimize the time migrants spend 
in DHS custody.
    Not later than 90 days after the date of enactment of this 
Act, the USM shall brief the Committee on joint requirements 
and plans for the design and construction of JMPCs, including 
their planned locations, estimated costs, and schedule for 
becoming operational. The total amount provided includes the 
reappropriation of $90,000,000 rescinded in the bill from 
prior-year appropriations to CBP for joint processing centers 
in the Rio Grande Valley in Texas and Yuma, Arizona. The total 
also includes $30,000,000 that was proposed in the budget 
request through the CBP PC&I account for a new migrant 
processing center in Del Rio, Texas.

                       FEDERAL PROTECTIVE SERVICE

 
 
 
Appropriation, fiscal year 2021.......................    $1,588,748,000
Budget request, fiscal year 2022......................     1,625,000,000
Recommended in the bill...............................     1,625,000,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +36,252,000
    Budget request, fiscal year 2022..................             - - -
 

                                Mission

    The Federal Protective Service (FPS) delivers law 
enforcement and protective security services to federally 
owned, leased, or operated facilities.
    The Committee recommends $1,625,000,000 for FPS, equal to 
the request, which is fully offset by fees collected from FPS 
customer agencies.

          Intelligence, Analysis, and Operations Coordination


 
 
 
Appropriation, fiscal year 2021.......................      $298,500,000
Budget request, fiscal year 2022......................       320,620,000
Recommended in the bill...............................       320,620,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +22,120,000
    Budget request, fiscal year 2022..................             - - -
 

                                Mission

    The missions supported through Intelligence, Analysis, and 
Operations Coordination are twofold: to equip the Homeland 
Security Enterprise with timely intelligence and information to 
keep the homeland safe, secure, and resilient; and to provide 
operations coordination, information sharing, situational 
awareness, a common operating picture, and departmental 
continuity.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2021.......................      $298,500,000
Budget request, fiscal year 2022......................       320,620,000
Recommended in the bill...............................       320,620,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +22,120,000
    Budget request, fiscal year 2022..................             - - -
 

    Recommended adjustments to classified programs and more 
detailed oversight of funding for the Office of Intelligence 
and Analysis are addressed in the classified annex accompanying 
this report.
    Civil Rights and Civil Liberties.--The Committee expects 
Office of Intelligence and Analysis (I&A) to comply with 
applicable civil rights and civil liberties laws and 
regulations; continue to implement principles of diversity, 
equity, and inclusion; and require related training for 
personnel.
    Homeland Threats.--The Committee directs I&A to 
appropriately align its resources against the most pertinent 
threats to the Homeland, including terrorism, cybersecurity, 
economic security, foreign influence, and transnational 
organized crime. The Committee also expects I&A to enhance its 
ability to rapidly and effectively share intelligence and other 
information on threats with state, local, tribal, territorial, 
and private sector partners. The Committee directs I&A to brief 
the Committee not later than 30 days after the date of 
enactment or this Act on a plan for the obligation of its 
fiscal year 2022 funding, categorized by threat and/or 
information sharing program.
    National Labs.--The Committee encourages the Office of 
Operations Coordination to utilize the expertise of the 
national labs to help identify tactical and strategic risks 
that could disrupt National Essential Functions.

                      Office of Inspector General


 
 
 
Appropriation, fiscal year 2021.......................      $190,186,000
Budget request, fiscal year 2022......................       205,359,000
Recommended in the bill...............................       205,359,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +15,173,000
    Budget request, fiscal year 2022..................             - - -
 

                                Mission

    The DHS Office of Inspector General (OIG) conducts and 
supervises independent audits, investigations, and inspections 
of DHS programs, projects, and activities; identifies fraud, 
abuse, mismanagement, and inefficiencies in the use of funds; 
and makes recommendations for improving the execution of DHS 
missions.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2021.......................      $190,186,000
Budget request, fiscal year 2022......................       205,359,000
Recommended in the bill...............................       205,359,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +15,173,000
    Budget request, fiscal year 2022..................             - - -
 

    Border Security and Immigration Oversight.--The Inspector 
General is directed to enhance oversight and investigations 
related to immigration and border security policies and 
activities, including: safeguards for the due process rights of 
asylum seekers and other migrants; unannounced inspections of 
ICE and CBP detention facilities; detention facility 
contracting; the 287(g) and Secure Communities programs; and 
enforcement activities at and near sensitive locations. The OIG 
is directed to provide a briefing to the Committee, not later 
than 30 days after the date of enactment of this Act, on its 
budget execution plan for fiscal year 2022. In addition, the 
OIG shall continue publishing the results of its inspections of 
immigration detention facilities and other reports related to 
custody operations on its public website.
    Equity in Disaster Assistance for Individuals and 
Households.--The Committee is aware of concerns raised about 
inequities in the delivery of disaster assistance to disaster 
survivors, especially through FEMA's Individual and Household 
Program (IHP), including concerns expressed by constituents, 
media reports and a recent GAO Report, Disaster Assistance 
Additional Actions Needed to Strengthen FEMA's Individuals and 
Households Program GAO-20-503. Among these concerns are that 
FEMA's programs provide disproportionately less assistance to 
minority communities and those in urban and rural disadvantaged 
communities; and that FEMA's application process and procedures 
are too complicated, causing many to discontinue their 
applications or forego appeals due to a mistaken belief that 
they are not eligible. In addition, FEMA's attempts to prevent 
fraudulent applications may be so restrictive as to 
inadvertently screen out many who may appropriately qualify for 
assistance.
    The OIG is directed to review FEMA's application process 
and procedures for IHP, including its methods to prevent 
fraudulent applications, and to brief the Committee on its 
findings within 120 days of the date of enactment of this Act. 
The briefing shall detail whether recommendations from 
oversight entities, including the OIG, may have inadvertently 
led FEMA to develop policies and procedures that are overly 
restrictive and, as a result, may be preventing disaster 
survivors who need IHP from receiving that assistance.
    FEMA Alternative Procedures.--The Committee reminds the OIG 
of the requirement in House Report 116-180 to update the report 
required by section 5189(h) of title 42, United States Code 
related to FEMA's Alternative Procedures program for Public 
Assistance. Within 15 days of the date of enactment of this 
Act, the OIG shall brief the Committee on a plan to update that 
report.
    Government Accountability Office Report.--The Committee is 
concerned about several longstanding issues facing the OIG. On 
April 21, 2021, GAO released a report outlining 21 
recommendations to address these challenges, including (1) a 
lack of internal quality controls; (2) the absence of a 
strategic plan; and (3) the failure to examine and address the 
increased time it takes to complete reports. The Committee 
expects the OIG to implement all 21 of GAO's recommendations as 
soon as possible. Furthermore, the Committee is troubled that, 
beginning in 2020, the OIG stopped publishing reports that 
substantiate allegations of whistleblower retaliation or 
misconduct by senior DHS employees. The Committee expects the 
OIG to resume publishing these reports on its website.
    Homeland Advanced Recognition Technology System.--The 
Committee is aware of concerns about the development and 
implementation of the Homeland Advanced Recognition Technology 
System (HART). The Committee directs the OIG to conduct a 
review of HART technologies, data collection mechanisms, 
sharing agreements, and privacy protections and determine if 
OBIM is complying with 28 C.F.R. 23, Criminal Intelligence 
Systems Operating Policies. Within 180 days of the date of 
enactment of this Act, the OIG shall brief the Committee on the 
results of the review.

                   Title I--Administrative Provisions

    Section 101. The Committee continues a provision requiring 
the Department to submit a report to the Inspector General 
regarding grants or contracts awarded by means other than full 
and open competition and requires the Inspector General to 
review such grants or contracts and report the results to the 
Committees.
    Section 102. The Committee continues a provision requiring 
the Chief Financial Officer of the Department to provide 
monthly budget and staffing reports to the Committees.
    Section 103. The Committee continues a provision requiring 
the Secretary to link all contracts that provide award fees to 
successful acquisition outcomes.
    Section 104. The Committee continues a provision requiring 
the Secretary to notify the Committees of any proposed transfer 
of funds from the Department of Treasury Forfeiture Fund to any 
DHS component.
    Section 105. The Committee continues a provision related to 
costs associated with the use of government aircraft by DHS 
personnel in support of official travel of the Secretary and 
Deputy Secretary.
    Section 106. The Committee includes a provision requiring 
the Under Secretary for Management to provide quarterly 
acquisition information to the Committees.
    Section 107. The Committee includes a provision restricting 
the use of funding for any pilot program involving more than 5 
full-time personnel equivalents or costing in excess of 
$1,000,000 unless the Secretary submits certain information to 
the Committees related to the program's goals, metrics, and 
implementation plan.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS


                   U.S. Customs and Border Protection


 
 
 
Appropriation, fiscal year 2021.......................   $15,277,496,000
Budget request, fiscal year 2022......................    14,773,589,000
Recommended in the bill\1\............................    14,317,589,000
Bill compared with:
    Appropriation, fiscal year 2021...................      -959,907,000
    Budget request, fiscal year 2022..................      -456,000,000
 
*Note--the amounts for each fiscal year include appropriations offset by
  discretionary fee collections, which for fiscal year 2022 total
  $206,000,000.
\1\Funding requested in the budget proposal for POE construction and
  modernization is provided in title V of this Act.

                                Mission

    The mission of U.S. Customs and Border Protection (CBP) is 
to enforce laws regarding the admission of non-resident persons 
into the United States and facilitate the flow of legitimate 
trade and travel.

                         OPERATIONS AND SUPPORT

                     (INCLUDING TRANSFER OF FUNDS)

 
 
 
Appropriation, fiscal year 2021.......................   $12,908,923,000
Budget request, fiscal year 2022......................    13,426,809,000
Recommended in the bill...............................    13,562,809,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +653,886,000
    Budget request, fiscal year 2022..................      +136,000,000
 

    The recommendation includes increases above the request for 
the following: $25,000,000 for innovative technology; $500,000 
for asylum processing analysis; $8,000,000 for a zero trust 
architecture pilot; $5,000,000 for tuition assistance; 
$5,000,000 for tribal roads; $15,000,000 for onsite mental 
health clinicians; $20,000,000 for processing improvements; 
$6,000,000 for caregivers and childcare services; $1,500,000 
for rescue beacons and the missing migrant program, for a total 
of $3,000,000; $4,000,000 for Carrizo cane control, for a total 
of $6,000,000; $20,000,000 for incident driven video recording 
systems, including body worn cameras and requirements for 
Freedom of Information Act compliance and data storage; 
$10,000,000 for video device monitoring capabilities; 
$10,000,000 to maintain baseline programs for the Office of 
Trade; $10,000,000 for port of entry technology; and $4,000,000 
for medical contract oversight. The recommendation reduces the 
amount proposed for transportation by $8,000,000.
    The COVID-19 pandemic continues to have a significant 
impact on the collection of trade and travel fee revenue on 
which the Office of Field Operations depends for a significant 
portion of its operations. Because the impact on fiscal year 
2022 collections is uncertain and is still being estimated by 
CBP, the recommendation is based on the budget proposal and fee 
revenue estimates provided in CBP's budget request, with the 
understanding that Congress may need to address potential 
funding shortfalls later in the appropriations process.
    Asylum Processing at Ports of Entry.--The Committee directs 
the Commissioner to engage a federally funded research and 
development center (FFRDC) to conduct an analysis of the asylum 
processing capacity and capacity requirements at land ports of 
entry along the U.S.-Mexico Border. The analysis should address 
the infrastructure, staffing, and other resource requirements 
needed to ensure the safe, humane, and orderly processing of 
single adults and families who present at ports of entry and 
make a lawful claim of fear or asylum, along with the 
processing of unaccompanied children prior to transfer to HHS 
ORR. In carrying out its analysis, the FFRDC shall consult with 
federal agency stakeholders, including ORR; the Department of 
Justice Executive Office for Immigration Review, CBP, ICE, 
USCIS, and CRCL. In addition, the FFRDC shall consult with 
community stakeholders, including non-profit immigration and 
civil rights advocacy organizations. The Committee recommends 
$500,000 above the request to support this effort.
    Border Barrier Mitigation Activities.--The Committee 
continues to be concerned about the impacts of border barrier 
construction on sensitive lands and wildlife along the 
southwest land border, including in national wildlife refuges, 
national forests, national monuments, wilderness areas, and on 
imperiled species. To address these concerns, the bill provides 
authority to use up to $100,000,000 of available prior-year 
funds appropriated for border barrier construction for 
mitigation activities, including land acquisition, related to 
the construction of border barriers on federal land. Authority 
is also provided to allow for the transfer of funds to the U.S. 
Fish and Wildlife Service, the Bureau of Land Management, the 
U.S. Forest Service, and the National Park Services for the 
same activities.
    Deaths in Custody.--The Committee directs CBP to notify the 
applicable consulate, congressional committees with relevant 
jurisdiction, the Office of the Inspector General, and the 
Office for Civil Rights and Civil Liberties within 24 hours of 
the death of any individual in CBP custody or any individual 
not in custody if CBP personnel were involved in the death. The 
notification shall include the name of the individual and the 
circumstances of the death. For purposes of this requirement, 
CBP custody includes any individuals detained on CBP's behalf 
by another law enforcement agency or admitted to a medical 
facility while still in CBP's legal custody. The Committee also 
directs CBP to:
          (1) for in-custody deaths, provide the same 
        notifications to the public after the next-of-kin have 
        been notified, or after reasonable efforts have been 
        made to notify the next-of-kin;
          (2) preserve all video recordings of such individuals 
        during their time in custody until the completion of 
        all related investigations;
          (3) conduct interviews of relevant parties regarding 
        the circumstances of the death;
          (4) impress upon local and state authorities the need 
        for an autopsy to be conducted as part of a review of 
        the circumstances leading to an in-custody death; and
          (5) for in-custody deaths where the decedent was in a 
        CBP holding facility at the time of death or had been 
        in a holding facility immediately prior to the time of 
        death, conduct a prompt mortality review of each death, 
        including a review of whether the individual's 
        treatment in detention complied with CBP's standards on 
        Transport, Escort, Detention, and Search (TEDS).
    Not later than 30 days after the end of each fiscal year, 
CBP shall submit a report to the Committee detailing all such 
deaths, including summaries of mortality reviews and compliance 
with TEDS. In addition, the Office of Professional 
Responsibility (OPR) shall brief the Committee on its findings 
and associated recommendations for any deaths it investigates.
    Human Smuggling.--The Committee is concerned about reports 
that transnational criminal organizations are smuggling 
migrants and narcotics into the United States in the same 
conveyance, such as a commercial vehicle, endangering the lives 
of the smuggled migrants. The Committee directs the Department 
to work with its federal law enforcement partners to ensure 
that the enforcement of anti-drug and anti-smuggling laws is 
carried out in a manner protective of human life and safety. In 
particular, DHS should work to prevent the passage of any 
vehicle through a checkpoint or port of entry for purposes of a 
controlled delivery by another law enforcement agency if the 
vehicle may contain individuals being smuggled under unsafe 
conditions, such as the smuggling of one or more individuals in 
a confined or non-air conditioned space.
    Incident-Driven Video Recording System.--The Committee 
provides $20,000,000 to deploy the Incident-Driven Video 
Recording System (IDVRS), including body worn cameras, to 
additional Border Patrol Stations. The Committee is dismayed 
that the fiscal year 2022 budget request did not propose the 
continuation of funding provided in fiscal year 2021 for this 
critical effort. Not later than 90 days after the date of 
enactment of this Act and quarterly thereafter, CBP shall brief 
the Committee on the execution plan for IDVRS, to include an 
implementation schedule.
    Inland Ports.--The Committee directs the Government 
Accountability Office to (1) review constraints affecting ports 
of entry for containers; (2) identify existing inland ``dry'' 
container ports of entry; (3) review the process for 
establishing a ``dry'' container port of entry, including 
factors used by pertinent federal agencies that must be met to 
enable locations to operate as such inland ports; and (4) 
provide a list of geographic locations that may be suitable to 
serve as dry container ports of entry. GAO shall report its 
findings and recommendations to the Committee not later than 
one year after the date of enactment of this Act.
    Innovative Technology.--The Committee recommends a total of 
$45,000,000 for innovative technologies, to include $25,000,000 
within Operations and Support (O&S) and $20,000,000 under 
Procurement, Construction, and Improvements (PC&I). CBP is 
directed to update the Committee on the planned obligation of 
these funds not fewer than 15 days prior to any obligation of 
funds. Funding shall not exceed $5,000,000 for any individual 
project.
    Mail Interdiction of Heroin and Opioids.--Since 2018, the 
Committee has provided over $200,000,000 in support of 
INTERDICT Act activities, to include additional lab capacity 
and expanding the capabilities at international mail and 
consignment facilities. The Committee continues to support 
CBP's partnership with the United States Postal Service to 
better detect opioids at international processing centers and 
expects this collaboration to reach higher capture rates 
through the continued deployment of new detection technologies, 
including lab equipment, decontamination solutions, personal 
protective equipment, and other consumables. Additionally, CBP 
is encouraged to ensure that personnel are provided personal 
protective equipment capable of preventing secondary exposure 
and cross contamination.
    The CBP Strategy to Combat Opioids, released in March 2019, 
serves as an action plan for CBP and its interagency partners 
in identifying and interrupting the opioid supply chain. Within 
60 days of the date of enactment of this Act, CBP shall provide 
a briefing to the Committee on how the strategy has influenced 
actions already taken, the results of those actions, and a plan 
for updating the strategy. The briefing shall include the level 
of obligations for all activities associated with INTERDICT Act 
implementation.
    Mental Health Clinicians.--The Committee recommends an 
additional $15,000,000, for a total of $17,100,000 for on-site 
clinicians to support employee resiliency and suicide 
prevention. The clinicians shall perform assessments; short-
term counseling; referrals; consultations with managers, 
supervisors, peer support team members, or chaplains; in-person 
presentations/trainings; and immediate response to critical 
incidents.
    Migrant Care.--To address deficiencies in CBP's guidance 
and associated implementation plans for ensuring the humane 
care of migrants in custody, not later than 90 days after the 
date of enactment of this Act, the Commissioner, in 
coordination with the CMO, shall modify the existing guidance 
to include the following:
          (1) Initial Health Screening.--Health screening shall 
        include an interview, questionnaire, and physical exam, 
        including a measurement of vital signs and an age-
        appropriate assessment of signs, symptoms, or risks, 
        including for communicable diseases, mental health 
        conditions, or traumatic experiences.
          (2) High-Priority Populations.--The initial health 
        screening shall take place within six hours of being 
        detained for individuals requiring prompt medical 
        attention or who exhibit signs of acute or potentially 
        severe physical or mental illness; have an acute or 
        chronic physical or mental disability or illness; 
        pregnant women; children; and elderly individuals.
          (3) Medical Equipment and Personnel.--Each location 
        to which detainees are first transported after an 
        initial encounter shall have the necessary equipment 
        and trained personnel to conduct the initial health 
        screening, prevent the spread of communicable diseases, 
        provide basic over-the-counter medications appropriate 
        for all age groups, and provide basic mental health 
        interventions for children or other vulnerable 
        individuals. Detainees shall not be deprived of the use 
        of any medication required to manage a chronic illness.
          (4) Access to Water and Food.--CBP shall ensure that 
        detainees have access to not less than one gallon of 
        water per person per day; three meals per day totaling 
        not fewer than 2,000 calories per day for adults; food 
        with age-appropriate calorie content for children under 
        the age of twelve; and accommodations for any dietary 
        needs or restrictions. Additionally, protocols should 
        be developed that guide the nutritional content of age-
        appropriate food made available to children under the 
        age of 5, with a special emphasis on infants.
          (5) Holding Facility Standards.--Within 60 days of 
        the date of enactment of this Act, CBP shall ensure 
        that each facility at which an individual is detained 
        is well lit and well ventilated, with humidity and 
        temperature kept at comfortable levels (between 68 and 
        74 degrees Fahrenheit); has noise levels that are safe 
        and conducive for sleeping between the hours of 10:00 
        in the evening and 6:00 in the morning; provides each 
        person clean, temperature-appropriate clothing and 
        bedding; and places no detainee in a room, for any 
        period of time, in which the number of individuals 
        exceeds the maximum occupancy level as determined by 
        the appropriate building code, fire marshal, or other 
        appropriate authority.
          (6) Consumables.--CBP shall maintain a sufficient 
        supply of sleeping mats, toothbrushes, toothpaste, 
        feminine hygiene products, other personal hygiene 
        supplies, and diapers for holding facilities, and make 
        each available upon request; ensure that showers are 
        available to individuals held in custody for longer 
        than 48 hours; and provide clean, age and gender-
        appropriate clothing to individuals with wet or soiled 
        clothing.
          (7) Child Care.--CBP is directed to ensure that 
        children have access to a trusted adult by providing 
        unlimited phone access for this purpose. CBP is also 
        encouraged to provide repeated process information and 
        orientation for children through videos and 24-hour 
        accessibility to information.
    Migrants and Child Welfare Personnel.--Within the funds 
provided, the Committee directs the CMO, in coordination with 
the Commissioner, to hire or otherwise obtain the services of, 
at minimum, two full-time, state-licensed child welfare 
professionals for each CBP sector along the southern land 
border. These professionals, who should be licensed clinical 
social workers or the equivalent, will provide culturally 
competent, trauma-informed, and developmentally appropriate 
expertise, and advise on building systems of care to prevent 
and mitigate emotional and psychological trauma among detained 
children. Additionally, the CMO shall coordinate with the 
Commissioner to hire an appropriate number of youth care 
personnel for each sector to implement the recommended 
screening, intervention, recreational, and other elements of 
custodial care required to prevent and mitigate emotional and 
psychological trauma. Not later than 60 days after the date of 
enactment of this Act, CBP shall provide an execution plan for 
hiring child welfare professionals and youth care personnel, to 
include how to address hiring and on-boarding issues, how the 
personnel will be deployed in the field, and how translation 
services will be provided.
    Migrant Families in Custody.--When considering whether a 
family unit should remain together while in custody, the 
Commissioner should consider the criminal history of the 
parent, safety and comfort of the child, and physical and 
mental health of all members of the family. When appropriate 
and feasible, CBP shall ensure that separated family units are 
reunited and transferred together prior to removal, release 
from CBP custody, or transfer to Immigration and Customs 
Enforcement custody. When CBP is responsible for the custody of 
unaccompanied children who are siblings, the Commissioner 
shall, to the extent practicable and when in the best interest 
of the children, place such siblings together in the same 
facility before HHS assumes custody pursuant to 8 U.S.C. 
1232(b).
    Migrants and Personnel Training.--The Committee continues 
to direct CBP to provide training on trauma-informed care for 
all personnel who interact with migrants. This training should 
include field personnel as well as mission support personnel. 
Not later than 60 days after the date of enactment of this Act, 
CBP shall provide an execution plan for such training, to 
include a timetable for full implementation.
    Migrant Property.--The Committee directs CBP to provide a 
briefing, not later than 90 days after the date of enactment of 
this Act, on its policies and protocols regarding the storage 
and transfer or return of the personal property of migrants.
    National Guard Support on the Southern Border.--Not later 
than 180 days after the date of enactment of this Act, CBP is 
directed to brief the Committee on its requirement for National 
Guard personnel support to its operations. The briefing shall 
address how the requirement was developed; the number of 
personnel currently deployed, by sector; and the specific tasks 
conducted by National Guard personnel.
    Migrant Safety.--CBP shall continue its policies and 
activities that help protect people who travel on foot through 
dangerous terrain after having entered the United States 
between the ports of entry. CBP shall continue to prohibit its 
personnel from engaging in any activity that could damage water 
and food caches and also expand migrant safety efforts, 
including through the placement and maintenance of additional 
rescue beacons. The recommendation includes an additional 
$1,500,000, for additional rescue beacons and for the Missing 
Migrant Program, for a total of $3,000,000. Not later than 90 
days after the date of enactment of this Act, CBP shall brief 
the Committee on planned obligations.
    Office of Professional Responsibility (OPR).--The Committee 
provides $74,300,000, as requested, to increase OPR's 
investigative capabilities through an increase in criminal 
investigators and support staff. Funding provided shall also 
address facilities needs due to an increase in staffing. The 
Committee provides the funding with three years of availability 
to provide time for planning and to appropriately recruit and 
pace hiring. The Committee expects CBP to focus on high 
priority areas such as in-custody deaths, use of force, 
detention inspections, sexual assaults and, and fraud. Not 
later than 90 days after the date of enactment of this Act, CBP 
shall brief the Committee on a plan to execute the funding that 
includes a detailed hiring strategy, including a geographic 
breakout, and the anticipated priority focus areas for such 
funding.
    Processing Coordinators.--The Committee includes 
$9,147,000, as requested, to increase the number of Border 
Patrol Processing Coordinators. Not later than 90 days after 
the date of enactment of this Act, CBP shall brief the 
Committee on the feasibility of using non-law enforcement 
personnel to provide assistance in processing, care, and 
transportation of migrants. The briefing shall address the 
legal limitations on using non-law enforcement personnel for 
processing.
    Prison Rape Elimination Act Compliance (PREA).--The 
Committee directs CBP to brief the Committee, not later than 90 
days after the date of enactment of this Act, on the results of 
completed PREA audits, including an assessment of whether the 
standards are effective in protecting vulnerable populations.
    Prosecution of Asylum Seekers.--The Committee is concerned 
by reports of the prosecution for illegal entry and reentry of 
individuals who express a fear of return to their country of 
origin during processing by CBP. The Administration is reminded 
of the United States' obligation under the 1951 Refugee 
Convention to refrain from punishing asylum seekers for the way 
in which they enter the country.
    Reporting Requirements.--CBP shall continue to follow the 
directives in the explanatory statement accompanying Public Law 
116-6 related to the following, according to the previously 
directed timeframes unless otherwise specified:
          (1) CBP-wide capability gaps;
          (2) Border Patrol Workforce Staffing Model;
          (3) Combined table of CBP interdictions of currency 
        and major categories of drugs;
          (4) The number of detainees held by CBP for more than 
        48 and 72 hours, respectively;
          (5) Allegations related to employee corruption;
          (6) Use of force abuses;
          (7) Checkpoint, transportation check, and roving 
        patrol stop operations, to include a timeline for full 
        compliance with reporting directives;
          (8) Search and rescue efforts for fiscal year 2021;
          (9) Land Port of Entry Infrastructure Capital 
        Investment Plan, to be provided to the Committee not 
        later than 30 days after the submission of the 
        President's budget request for fiscal year 2023; and
          (10) Staffing gains and losses.
    Additionally, CBP shall continue to follow the directives 
in House Report 116-180 related to the following, according to 
the previously directed timeframes unless otherwise specified:
          (1) High Speed Pursuits, to include the use of 
        immobilization devices beginning not later than 90 days 
        after the date of enactment of this Act;
          (2) U.S. Citizens Held in CBP Custody;
          (3) In-Custody Time for Unaccompanied Children; and
          (4) Polygraph Waivers.
    CBP shall follow the directives in the explanatory 
statement accompanying Public Law 116-260 related to the 
following:
          (1) Body-worn cameras;
          (2) Border searches and electronics;
          (3) Expansion of Arizona and New Mexico border zone 
        travel;
          (4) Holding facility length of stay;
          (5) LPOE hours of operations;
          (6) Queue management at POEs and data on asylum 
        seekers; and
          (7) Recruitment, hiring and retention.
    Translation Services and Forms.--The Committee directs CBP 
to provide a plan, within 120 days of the date of enactment of 
this Act, for ensuring access to appropriate translation 
services for all rare language speakers encountered by CBP, 
including an estimate of related resource requirements and the 
feasibility and potential benefit of these components jointly 
procuring such services. Additionally, the Committee directs 
CBP to provide all forms that are required to be signed by a 
detained person in the detainee's native language. CBP is 
directed to report to the Committee within 90 days of the date 
of enactment of this Act on a plan and timeline for achieving 
this goal, including an estimate of related resource 
requirements.
    Transparency.--The Committee continues to direct CBP to 
reiterate its commitment to a policy of ``maximum disclosure, 
minimum delay'' in releasing information to the media and 
public; continue to post all policies and guidelines that may 
be of interest to the public on the agency's website; and 
continue--or expand as practicable--data collection that more 
effectively detects and deters abuse, strengthens 
accountability, and ensures effective use of limited resources.
    Tribal Travel Documents.--While several Native American 
tribes do not have Enhanced Tribal Cards (ECT) that are Western 
Hemisphere Travel Initiative (WHTI) compliant, any member of a 
Federally recognized Indian tribe in the U.S. or Canada that 
holds valid identification issued by a tribe is be allowed to 
pass through U.S. land- and sea-ports of entry. CBP is 
encouraged to continue to work with tribal governments on 
interim solutions for those tribes that do not have secure ETCs 
to ensure member are not unnecessarily delayed or referred to 
secondary inspection based solely non-WHTI compliant documents. 
Not later than 90 days after the date of enactment of this Act, 
CBP shall brief the Committee on the impact of non-WHTI 
compliant documents on tribe members and how CBP is working 
with tribal governments to address identification challenges.
    Video Monitoring.--The Committee provides $10,000,000 for 
video monitoring capabilities within Border Patrol facilities. 
The Committee continues the direction that any failure of 
cameras and associated storage equipment in excess of 120 hours 
at any CBP facility that detains migrants must be reported to 
the Office of Professional Responsibility. Such reporting shall 
be updated weekly until the system is back online.

                       BORDER SECURITY OPERATIONS

    Carrizo Cane.--The recommendation includes an increase of 
$4,000,000 for efforts to control the growth of Carrizo cane 
along the Rio Grande River in Texas, for a total of $6,000,000. 
CBP should continue to coordinate with the Texas State Soil and 
Water Conservation Board and other stakeholders on control 
efforts. Beginning not later than 30 days after the date of 
enactment of this Act, CBP shall provide quarterly updates to 
the Committee on the performance of this program with regard to 
increased visibility, biomass reduction, and miles of river 
treated.
    Collaboration with the Border Patrol.--The Committee 
continues to encourage all state, local, tribal, and federal 
law enforcement agencies working in the southwest land border 
region to collaborate and operationally coordinate, when 
feasible, with sector chiefs in their respective geographical 
regions. CBP is directed to brief the Committee on these 
efforts not later than 60 dates of the date of enactment of 
this Act.
    Radios.--The Committee continues to direct CBP to review 
the need to retrofit U.S. Border Patrol radios to allow agents 
to operate on the CBP system or transfer to either a commercial 
LTE carrier or the First Responder Network Authority (FirstNet) 
LTE Network.

                      TRADE AND TRAVEL OPERATIONS

    Agriculture Inspections--Invasive Species.--The Committee 
reminds CBP of the report required in House Report 116-458 
concerning the continued introduction of invasive species to 
Hawai'i and to non-contiguous U.S. territories.
    Biometric Exit.--The Committee continues direction for CBP 
to provide a detailed expenditure plan for biometric exit 
activities within 90 days of the date of enactment of this Act, 
in the same manner as described for such plan in House Report 
114-668.
    Cargo Processing.--The Committee continues to direct CBP to 
provide a briefing on its efforts to improve automated 
commercial cargo processing, to include passive scanning at 
land POEs, not later than 60 days after the date of enactment 
of this Act.
    Forced Labor.--The Committee provides $299,746,000, an 
increase of $10,000,000 above the request, for trade 
enforcement activities, including intellectual property rights. 
Within the total, not less than $9,203,000 is for Trade 
Agreement, Remedies, and Enforcement personnel to strengthen 
enforcement actions and processes that prevent the importation 
of products made with forced labor.
    Jones Act.--The Committee recognizes the need for uniform 
application and enforcement of coastwise laws across the nation 
and directs CBP to devote not less than $1,000,000 to its Jones 
Act Division of Enforcement.
    Live Animal Imports.--The Committee is aware that 
importation of live animals, particularly dogs, has increased 
substantially during the COVID-19 pandemic and is concerned 
that CBP lacks adequate facilities and procedures to respond. 
The Committee notes the priority of the safety and welfare of 
live animals under CBP control pending clearance, and urges the 
agency to collaborate with U.S. Department of Agriculture 
(USDA), Animal and Plant Health Inspection Service (APHIS) 
Animal Care to draft regulatory guidance clarifying standards 
of care for live animals in a properly certified animal care 
facility operating under a CBP-issued custodial bond, citing 7 
U.S.C. 2148 (and pertinent parts) as the controlling statutory 
authority. This guidance shall also clarify the role of animal 
care facility owners in the sale, adoption, trade, or transfer 
ownership of live animals as it pertains to the import of live 
animals.
    This new regulatory standard shall be prescribed as a 
condition in appropriate bonds issued by CBP to parties 
applying for a bond in which the nature of the merchandise 
includes live animals pending release by CBP on behalf of the 
Centers for Disease Control and Prevention (CDC) and/or USDA 
APHIS, or those pending export due to non-compliance with CDC 
regulations.
    Further, the committee is concerned that that there is only 
one such animal care facility with CBP-bonded status capable of 
safely handling live animals throughout the duration of 
potential legally required quarantines. The Committee directs 
CBP to issue a report to Congress evaluating the necessity of 
additional facilities meeting similar standards of animal care 
at other ports of entry and to provide the Committee with an 
accounting of the resources necessary to establish such 
facilities in accordance with CBP, CDC and USDA, APHIS Animal 
Care's recommendations within 90 days of the date of enactment 
of this Act.
    Outbound Inspections.--DHS is directed to enhance its focus 
on interdicting the outbound flow of smuggled firearms and 
illicit currency that fund and facilitate transnational 
criminal organizations. Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall brief the 
Committee on a plan to enhance such efforts.
    Port Upgrades.--The Committee urges CBP to immediately 
review the baseline facility service levels for each POE and 
take those service levels into consideration when acting on 
requests for facility and security improvements. CBP should 
share information on each POE's service levels with the port 
operator and provide the aggregate information on levels of 
service to the Committee.
    Preclearance.--The Committee supports the continued 
expansion of the preclearance program and urges CBP to consider 
expansion to eligible partners in the Indo-Pacific region. 
Within 90 days of the date of enactment of this Act, CBP shall 
brief the Committee on the status of preclearance expansion 
efforts, including a list of expansion candidate countries and 
challenges to expansion, such as staffing, space, or other 
constraints.
    Resource Allocation Model.--The Committee continues 
direction concerning the CBP resource allocation model. Any 
modifications to the model shall be described at the field and 
office level in future budget submissions. Additionally, not 
later than 60 days after the date of enactment of this Act, CBP 
shall brief the Committee on resource staffing shortfalls on 
the northern and southern borders compared to levels prescribed 
by the resource allocation model for rail crossings and POEs in 
the land, air, and sea environments, including cruise ship 
terminals. CBP is encouraged to continue to improve the model 
by seeking external review.
    Secure Corridor Strategy.--Collaboration between CBP, the 
Federal Railroad Administration (FRA), Servicio de 
Adminstracion Tributaria (SAT), and freight railroads has 
resulted in the implementation of a Secure Corridor Strategy 
that has improved the safety, security, and efficiency of our 
nation's cross-border trade and freight movement. As part of 
this strategy, trains operated by certified crews are no longer 
required to stop for up to an hour on the Laredo International 
Rail Bridge in order to change crews, reducing the 
vulnerability of these trains to theft, vandalism, trespassing, 
and smuggling and decreasing the likelihood of potential delays 
that cause blocked highway-rail grade crossings on both sides 
of the border. Furthermore, by unifying cargo processing and 
enhancing technologies used during customs inspections, 
processing times have been greatly improved. The Committee 
encourages CBP to continue working with FRA, SAT, and freight 
railroads to further implement this strategy.
    Trade Remedy Enforcement.--The Committee directs CBP to 
review whether duties on importers of recycled, scrap, and 
primary aluminum exempt from certain tariffs are being properly 
assessed, along with whether assessed tariffs have been 
remitted to the government. Not later than 120 days after the 
date of enactment of this Act, CBP shall submit a report to the 
Committee on the findings of this review and actions taken to 
address any inappropriate assessments.
    User Fee Airports.--Consistent with House Report 114-668 
and House Report 116-180, the Committee strongly encourages CBP 
to give priority consideration to an application for POE status 
to any user fee airport that served at least 75,000 deplaned 
international passengers in the previous calendar year.
    Visa Waiver Program (VWP).--The Committee continues to 
direct CBP to better clarify which types of educational 
experiences are permitted under VWP travel, including what 
evidence or information is required to satisfy CBP that a 
traveler does not intend to overstay the 90-day VWP time limit.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2021.......................    $1,839,634,000
Budget request, fiscal year 2022......................       925,780,000
Recommended in the bill\1\............................       333,780,000
Bill compared with:
    Appropriation, fiscal year 2021...................    -1,505,854,000
    Budget request, fiscal year 2022..................      -592,000,000
 
\1\Funding requested in the budget proposal for POE construction and
  modernization is provided in title V of this Act.

    The Committee recommends the following increases above the 
request: $50,000,000 for border technology procurement; 
$20,000,000 for innovation technology; $8,750,000 for small 
unmanned aircraft systems; $8,750,000 for team awareness kits; 
$5,000,000 for a border technology common operating picture 
(COP) pilot; $50,000,000 for non-intrusive inspection (NII) 
equipment; and $3,000,000 for electronic medical records. The 
recommendation provides no funding for additional border 
barriers.
    The recommendation reduces the request by $35,000,000 
proposed for end item procurement; $655,000,000 proposed for 
LPOE construction and modernization, which is instead funded 
through a provision in title V of the bill; $30,000,000 for 
construction of a central processing facility, which is funded 
instead in the Management Directorate's PC&I account; and 
$17,500,000 that was prematurely proposed for acquisition of an 
aircraft prior to the initiation of non-recurring engineering.
    Automated Commercial Environment.--CBP is directed to 
review whether the automated commercial environment program 
should incorporate the U.S. Virgin Islands into the existing 
program.
    Border Security Technology Acquisitions.--Over the last few 
years, the Committee has provided significant flexibility to 
CBP within the PC&I, Border Security Assets and Infrastructure 
(BSAI) PPA to prioritize the use of funds for its highest 
priority technology acquisitions. Unfortunately, the agency has 
in numerous cases abused this flexibility by obligating funds 
for acquisitions that have neither been justified to Congress 
through a budget request nor included in the detailed 
expenditure plans CBP provides to the Committee. In addition, 
some of these funds have been obligated for the acquisition of 
end items that fall below the threshold for what may be funded 
through a PC&I account or have been used to contract for 
services, which are required to be funded instead through CBP's 
O&S account. As a consequence, the bill rescinds funding for 
two programs from which funds were diverted for uses that were 
not justified to Congress through either a budget request or an 
obligation's plan. The Commissioner and the Under Secretary for 
Management are directed to review the management of procurement 
programs within the BSAI PPA to ensure funding is being 
executed according to congressional intent and the Department's 
financial management and acquisition policies.
    Border Technology Common Operating Picture.--The Committee 
provides $5,000,000 only for a pilot or demonstration effort to 
develop a COP that integrates sensor feeds from platforms 
within the current DHS inventory. The effort shall comply with 
section 107 of this Act and shall be briefed to the Committee 
prior to approval of a new program start.
    Border Technology Procurement.--The Committee recommends 
$50,000,000 for border security technology, which shall only be 
available for cross border tunnel threats, aerostats, 
autonomous surveillance, geospatial capabilities, mobile 
surveillance, search and rescue capabilities, and mesh 
networks. The Commissioner is directed to prioritize 
procurement of the most cost-effective technologies based on 
lifecycle costs, system availability, reduced requirements for 
personnel and physical infrastructure, and input from sector 
leadership. In addition, the Commissioner shall prioritize 
technologies that enhance search and rescue capabilities. CBP 
shall provide a briefing to the Committee on a plan for the 
obligation of these funds at least 15 days prior to any 
obligation. The plan shall require the direct approval of the 
CBP Commissioner and include:
          (1) details about the process for prioritizing the 
        use of funds;
          (2) a summary of planned obligations for fiscal year 
        2022 delineated by technology type;
          (3) metrics that will be used to assess the cost 
        effectiveness of each type of technology for which 
        funds will be obligated and a plan for collecting the 
        data required for such metrics; and
          (4) for continuing procurements, operational 
        effectiveness data that supports continued investment, 
        including evidence of support from sector leadership 
        based on actual use of the technology.
    CBP shall notify the Committee at least 15 days prior to 
the obligation of any funds based on a change to the initial 
obligation plan.
    Electronic Health Records.--The Committee includes 
$3,000,000 for the expansion and implementation of electronic 
health records. Prior to obligation, CBP, in coordination with 
the Department's Chief Medical Officer, is directed to brief 
the Committee an expenditure plan for this funding. Planned 
activities shall align with the Departments electronic health 
records program.
    Innovative Technology.--The Committee recommends a total of 
$45,000,000 for innovative technologies, to include $25,000,000 
within O&S and $20,000,000 under PC&I. CBP is encouraged to 
review the following technologies: geospatial search and 
rescue, remote sensing, mesh networking, satellite 
communications, and aerostats technology. CBP is directed to 
update the Committee on the planned obligation of these funds 
not fewer than 15 days prior to any obligation of such funds. 
Funding shall not exceed $5,000,000 for any individual project.
    The Committee notes that Congress has for several years 
provided funding for testing and evaluation of innovative 
technologies that might not otherwise come timely to CBP's 
attention through the normal procurement process. Not later 
than 30 days after the date of enactment of this Act, CBP is 
directed to provide a briefing on the use of innovative 
technology funding over the last five fiscal years, including:
          (1) the technologies tested and evaluated;
          (2) the results of those evaluations in terms of 
        meeting CBP requirements;
          (3) an analysis of the cost effectiveness of those 
        technologies compared to alternatives;
          (4) CBP's process for determining whether to 
        establish programs of record for cost effective 
        innovative technologies; and
          (5) investments to date in such programs of record 
        and planned investments in fiscal year 2022 and the two 
        following fiscal years.
    Multi-Role Enforcement Aircraft.--The Committee recommends 
$10,882,000 for a new land variant multirole enforcement 
aircraft program. The program has completed the current 
contract for the maritime variant and plans to issue a new 
request for proposals for a land variant in fiscal year 2022. 
The funding provided will support the award of a new contract 
for the non-recurring engineering associated with the first 
aircraft. Funds are not provided for the incremental purchase 
of an aircraft, sensors, or spares. The Committee strongly 
discourages this practice except in certain conditions such as 
long lead items involved in the Coast Guard shipbuilding 
programs. The Committee is particularly concerned with the 
assertion by CBP that it plans to structure a flexible contract 
that allows items to be incrementally funded, if beneficial. 
CBP shall fully fund in one fiscal year the total cost of an 
end item as defined by section 525 of this Act to ensure that 
the full cost of an acquisition program is transparent to 
Congress and the public when presented in the budget.
    Non-Intrusive Inspection (NII).--The Committee recommends 
an additional $50,000,000 for NII technology at land and sea 
ports of entry. CBP shall continue to update the Committee on 
the obligation of funds for NII acquisition as a part of the 
required quarterly obligation plans directed in title I of this 
report. The Committee expects any procurement of technology to 
be competitively awarded. CBP is reminded of the reporting 
requirement in House Report 116-458 on 100 percent scanning.

                U.S. Immigration and Customs Enforcement


 
 
 
Appropriation, fiscal year 2021.......................    $7,973,529,000
Budget request, fiscal year 2022......................     7,991,486,000
Recommended in the bill...............................     7,971,975,000
Bill compared with:
    Appropriation, fiscal year 2021...................        -1,554,000
    Budget request, fiscal year 2022..................       -19,511,000
 

                                MISSION

    U.S. Immigration and Customs Enforcement (ICE) enforces 
federal laws governing border control, customs, trade, and 
immigration to promote homeland security and public safety and 
helps facilitate the adjudication of legitimate claims of 
asylum and other claims for status to remain in the United 
States.
    Homeland Security Investigations (HSI) is responsible for 
disrupting and dismantling transnational criminal threats 
facing the United States. HSI special agents also conduct 
national security investigations targeting violations of the 
nation's customs and immigration laws.
    Enforcement and Removal Operations (ERO) enforces the 
nation's immigration laws by identifying and apprehending 
potentially removable noncitizens, detaining apprehended 
individuals when necessary, and depending on the outcome of 
immigration court proceedings, removing them from the United 
States in a manner consistent with legal processes and 
procedures. ERO also ensures that potentially removable 
individuals are afforded due process, treated humanely, and 
offered case management services.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2021.......................    $7,875,730,000
Budget request, fiscal year 2022......................     7,939,786,000
Recommended in the bill...............................     7,820,275,000
Bill compared with:
    Appropriation, fiscal year 2021...................       -55,455,000
    Budget request, fiscal year 2022..................      -119,511,000
 

    The recommendation includes a net reduction of $119,511,000 
below the request, which includes the following adjustments: 
increases totaling $99,735,000 for Homeland Security 
Investigations (HSI); a net reduction of $279,165,000 for Civil 
Immigration Enforcement Operations, which replaces Enforcement 
and Removal Operations (ERO); and increases totaling 
$59,919,000 for mission support activities and investments to 
improve transparency, officer and agent safety, and oversight.
    Within the total amount provided, the bill makes 
$46,696,000 available until September 30, 2023, of which 
$32,996,000 is for the wiretap program; and $13,700,000 is for 
the Visa Security Program.
    ICE shall continue to provide detailed operational and 
spending plans, as described in the explanatory statements 
accompanying Public Laws 116-6, 116-93, and 116-260. While 
there have been improvements in the timeliness of providing 
this data and the level of detail submitted therein, the 
content of these plans is still insufficiently instructive for 
the Committee's oversight activities because it continues to 
lack answers to basic questions, such as the status of funds 
and projected costs for program areas like: ATD case management 
services provided by non-profit organizations; child 
exploitation investigation efforts; 287(g) agreement execution 
and oversight; enforcement of forced labor and intellectual 
property rights laws; and enterprise-wide costs associated with 
tactical communications and fleet management.
    ICE shall develop a plan to configure its financial and 
reporting systems to better budget for and monitor the costs of 
programs and initiatives and to track obligations and 
expenditures against those programs and initiatives; such plan 
should be fully operational prior to the beginning of fiscal 
year 2023. The Committee expects that this will require 
increased standardization of financial data structures and 
processes across field and headquarters offices. Not later than 
120 days after the date of enactment of this Act, ICE shall 
brief the Committee on the status of this effort, including a 
description of anticipated risks and a mitigation plan to 
address those risks.

                    HOMELAND SECURITY INVESTIGATIONS

    Assessment of Transnational Criminal Organizations 
(TCOs).--The Committee is concerned by reports of TCOs 
targeting legitimate businesses along drug trafficking routes. 
The destabilization of legitimate businesses in regions such as 
Central America forces increased reliance on TCOs to meet basic 
human needs that often also pose security and safety threats to 
the public. This environment, in turn, drives people to migrate 
to other countries, such as the United States, in order to 
protect and sustain themselves and their families. To better 
understand this problem, the Committee directs HSI to prepare 
an assessment, in consultation with other DHS components, 
federal agencies, international partners, and private sector 
stakeholders, on which TCOs engage in this activity and an 
analysis of options for dismantling their operations. Not later 
than 120 days after the date of enactment of this Act, ICE 
shall brief the Committee on the results of this assessment.
    Combating Human Smuggling.--The Committee continues to be 
concerned about human smuggling activities, especially at the 
southwest border, as well as the criminal enterprises that 
support it. Accordingly, the recommendation provides an 
increase of $2,000,000 above the request to support operations 
at the recently established Center for Countering Human 
Trafficking. Further, the Committee supports the Secretary's 
new anti-smuggling effort, Operational Sentinel, and encourages 
HSI to expand its collaborative efforts to include coordination 
with the Financial Crimes Enforcement Network and appropriate 
Mexican and Central American federal partners. The Department 
is directed to report back to the Committee on these efforts 
within 60 days of the enactment of this Act.
    Environmental Forensic Science.--The Committee encourages 
HSI, in consultation with the S&T, to evaluate opportunities to 
leverage international forensic science research to expand 
existing efforts with external academic partners in building 
wholistic approaches to combating transnational crime, 
particularly regarding wildlife, narcotics, weapons, and human 
trafficking.
    International Megan's Law.--The recommendation sustains 
prior-year investments to continue the implementation of 
International Megan's Law. ICE is directed to include details 
about these efforts in its monthly operational and spending 
plans and provide detailed staffing and budget assumptions 
about this program in future budget requests.
    Enhancing and Modernizing HSI's Capabilities.--The 
Committee is concerned about the growing complexity and 
workload associated with executing HSI's missions--especially 
given the increase in online and dark web activity, such as 
growing reports of online child sex abuse; criminal activity 
related to illicit opioid/fentanyl smuggling; and increased 
commercial trade fraud and intellectual property rights 
infringement. The Committee recognizes the advanced 
investigative skillset of the HSI workforce, its unique 
compilation of legal authorities, and its critical role in 
investigating transnational criminal organizations involved in 
trafficking individuals into and within the United States. 
Therefore, the Committee provides a total increase of 
$99,735,000 above the request, including:
           $35,235,000 to restore proposed reductions 
        intended to achieve undefined efficiencies;
           $10,000,000 to begin increasing HSI's 
        investigative capacity to respond to projected 
        increases in workload associated with the planned 
        expansion of CBP's non-intrusive inspection detection 
        technology (NII) along the southwest border;
           $2,200,000 to expand and enhance HSI's 
        undercover activities, to include modernizing its 
        certified undercover financial processes, systems, and 
        other requirements;
           $8,600,000 to accelerate development of 
        capabilities for the Repository for Analytics in a 
        Virtualized Environment (RAVEn), which serves as HSI's 
        curation point for data analytics and tools that 
        improve and streamline investigative processes and 
        capabilities;
           $2,000,000 for the Center for Countering 
        Human Trafficking;
           $6,000,000 to increase data analysis 
        staffing to support each Special Agent in Charge 
        office's area of responsibility;
           $8,400,000 to increase HSI's cyber 
        investigations, including the enhancement of covert 
        computer networks, Dark Web platforms, undercover 
        platforms, and the Network Intrusion Program;
           $16,300,000 to develop a cyber threat 
        platform, update hardware and software for computer 
        forensics, and provide targeted child exploitation 
        investigations training;
           $6,500,000 to fund the training, equipment, 
        travel, software, and analysts necessary to address the 
        increase in child exploitation leads and investigations 
        and increased victim assistance requirements, for a 
        total amount of not less than $27,500,000 for Child 
        Exploitation Investigation activities; and
           $4,500,000 for the training, equipping, and 
        hiring of Human Exploitation Rescue Operative (HERO) 
        Child-Rescue Corps program graduates.
    ICE is directed to update the Committee with details about 
the use of additional funding provided in the bill to expand 
these efforts in its monthly operational and spending plans, 
including both requested funding and the increases included by 
the Committee. Further, ICE shall provide detailed staffing and 
budget assumptions about these efforts in future budget 
requests.
    Additionally, to improve its effectiveness against these 
threats, the bill includes a new provision (section 220) to 
focus HSI activities on functions that are not redundant to 
those of ERO. The Committee also encourages HSI to work with 
appropriate nonprofit organizations and victim service 
providers that can help identify human trafficking victims, 
ensuring they receive the proper care and access to victim 
service organizations.
    HERO Child-Rescue Corps.--The Committee reminds ICE of the 
briefing on performance indicators for the HERO program 
required by House Report 116-180 and the briefing on the status 
of the HERO apprenticeship program required by the explanatory 
statement accompanying the Department of Homeland Security 
Appropriations Act, 2021, (Public Law 116-260), and looks 
forward to receiving these briefings as soon as possible.

                CIVIL IMMIGRATION ENFORCEMENT OPERATIONS

    The recommendation includes changes to the PPA structure by 
replacing the ``Enforcement and Removal Operations'' PPA 
heading with ``Civil Immigration Enforcement Operations'' 
(CIEO) to clarify its roles and responsibilities. CIEO funding 
supports the enforcement of the Nation's immigration and 
humanitarian laws through the identification and apprehension 
of removable noncitizens; immigration adjudication processing 
of potentially removable noncitizens; enrollment of such 
individuals into alternatives to detention programs; providing 
case management services; detaining apprehended individuals who 
pose a flight risk or are deemed a threat to public safety; 
removing noncitizens from the United States, consistent with 
legal processes and procedures, upon exhaustion of their legal 
claims to remain in the United States; and facilitating the 
departure of individuals who choose to return voluntarily. CIEO 
funding supports a range of programs and activities that focus 
on identifying and prioritizing the removal of recent border 
crossers and those individuals posing the most significant 
threats to national security or public safety, including 
noncitizens convicted of crimes who remain a credible threat to 
public safety or national security.
    CIEO funding also supports ICE's work with other DHS 
components, states, counties, and localities across the United 
States to uphold U.S. immigration and humanitarian laws at, 
within, and beyond the borders.
    The recommendation further modifies the CIEO sub-PPA 
structure by making the following changes:
           The Custody Operations PPA funds civil 
        immigration custody requirements for potentially-
        removable single adults as they undergo initial 
        processing for their immigration court proceedings, and 
        continued detention for those who pose a threat to 
        public safety or national security, who are deemed to 
        be a flight risk, or who have materially violated the 
        requirements of the Alternatives to Detention (ATD) 
        program.
           The Immigration Absconder Operations (IAO) 
        PPA replaces the Fugitive Operations PPA. This funding 
        supports efforts to identify, locate, and take into 
        custody potentially removable noncitizens who present a 
        heightened threat to national security and public 
        safety.
           The Priority Immigration Enforcement 
        Operations PPA replaces the Criminal Alien Program PPA 
        and funds the transfer of custody of removable or 
        potentially removable noncitizens who have been 
        incarcerated within federal, state, or local prisons 
        and jails.
           The Alternatives to Detention PPA funds the 
        ATD program, a cooperative, noncustodial enforcement 
        strategy that gives individuals a fair chance to comply 
        with immigration court requirements while mitigating 
        flight risk and noncompliance, which can include case 
        management and, if needed, monitoring and check-in 
        technology. The PPA also funds case management 
        services, such as the facilitation of compliance with 
        court hearings and final orders of removal; mental 
        health services; human and sex trafficking screening; 
        legal orientation programs; cultural orientation 
        programs; connections to social services; and for 
        individuals who will be removed, reintegration 
        services. Such services may be made available to 
        individuals released from DHS custody on parole, bond, 
        or who are enrolled into an ATD program.
           The Transportation Operations PPA replaces 
        the Transportation and Removal Program PPA. 
        Transportation Operations provides for the safe and 
        secure transportation of noncitizens who either are 
        subject to final orders of removal, are being 
        transported to a detention for processing or longer 
        term detention, or require transfer to a nearby 
        available municipal or non-profit shelter, another 
        location within the local community, or a public 
        transportation hub. The funding also supports custody 
        determinations, travel document issuance, and removal 
        processes for post final order cases, and coordinates 
        the custodial transfer of Unaccompanied Children (UC) 
        from CBP to HHS shelters.
    287(g) Program.--The recommendation continues a provision 
in the bill that requires ICE to provide a report to the 
Committee and the public regarding 287(g) steering committee 
membership and activities; performance data; the number of 
individuals placed into removal proceedings by 287(g)-
designated officers; and any plans for future expansion of or 
changes to the program. ICE, OIG, and CRCL are directed to 
provide rigorous oversight of the 287(g) program, and ICE is 
directed to notify the Committee prior to implementing any 
significant changes to the program, including any changes to 
training requirements, data collection, selection criteria, or 
the jurisdictions with which ICE has agreements. The Committee 
also reminds ICE that communities are not legally required to 
enter-into or continue participation in 287(g) agreements and 
that immigration enforcement should not be used either to 
induce communities to enter or deter them from discontinuing 
such agreements.
    The bill continues and modifies a provision from prior 
years that prohibits the continued delegation of 287(g) 
authority to any local jurisdiction if the OIG determines that 
the jurisdiction has materially violated the requirements of 
its 287(g) agreement. The modification requires ICE to also 
eliminate a delegation of 287(g) authority if the OIG or the 
ICE Office of Professional Responsibility determines that the 
participating jurisdiction violated the civil rights or 
liberties of an individual who was subsequently subject to that 
jurisdiction's use of 287(g) authority, unless the Secretary 
determines that the violation is not part of a pattern or 
practice or that the jurisdiction has taken appropriate steps 
to remediate the violation.
    Addressing Wrongful Deportations.--ICE, USCIS, and other 
DHS agencies shall leverage all mechanisms provided by current 
law to facilitate the return to the United States of those 
whose removal was contrary to law or justice. Such mechanisms 
should include the use of humanitarian parole, the support of a 
respondent's motion to reopen, and stipulation to relief from 
removal. Efforts shall be taken to ensure that the individual 
is restored to prior lawful status, to the greatest extent 
possible, or the ability to adjust to lawful status. Not later 
than 60 days after the date of enactment of this Act, ICE shall 
brief the Committee on its efforts to comply with these 
directives.
    Age-Outs.--ICE is again directed to prohibit the transfer 
or maintenance of custody by ICE of any person formerly 
designated as an unaccompanied child (UC) who reaches 18 years 
of age in the custody of ORR as described in 8 U.S.C. 
1232(c)(2), unless the ICE juvenile coordinator provides 
written certification of compliance with the requirement in 8 
U.S.C. 1232(c)(2)(B) to consider placement in the least 
restrictive setting. This written certification must document 
the specific factors demonstrating that any alternatives to 
detention, including but not limited to any recommended in 
ORR's post-18 plan, would be insufficient to mitigate any 
danger to self, threat to public safety, and/or risk of flight. 
The Committee notes that neither the lack of a sponsor nor the 
lack of an ORR-developed post-18 plan should be dispositive 
factors. This written certification shall be provided to the 
individual and the individual's attorney of record upon 
request.
    In addition, the Committee directs ICE to ensure that 
training is provided to relevant personnel, including contract 
personnel, on policies and procedures to ensure compliance with 
8 U.S.C. 1232(c)(2)(B). Such training shall be mandated 
annually for all officers who make custody decisions for 
children who turn 18 in ORR custody, including but not limited 
to deportation officers, field office juvenile coordinators, 
and supervisory detention and deportation officers.
    Finally, beginning not later than 30 days after the date of 
enactment of this Act, ICE shall provide a monthly report to 
the Committee with the number of UC who turned 18 in ORR 
custody and were then transferred to ICE detention, including a 
breakdown by ICE area of responsibility and the UC's most 
recent type of ORR placement, the reason for detention, and 
whether ORR provided a post-18 plan.
    ATD and Case Management Services (CMS).--The recommendation 
provides an increase of $34,524,000 above the request, for a 
total of $475,000,000 for the ATD PPA to fund increases in: 
enrollments into the ATD program; case management services and 
participation; transportation and information technology costs 
for ICE personnel travelling to shelters in support of remote 
processing and enrollments; and other incidental costs 
associated with operations at shelters.
    ICE is directed to use the least onerous form of 
supervision necessary to ensure compliance with the terms of 
the program; conduct regular reviews of each participant's 
compliance obligations, with input from each participant's 
counsel and/or case manager; and de-escalate supervision 
requirements when warranted by such reviews. Further, any 
individual enrolled into ATD shall not be required to pay a 
bond for their release.
    The Committee is concerned about the status of the 
independent review of the ATD program for which Congress 
appropriated $4,000,000 in fiscal year 2020. ICE is again 
reminded of the requirement that the review and analysis be 
informed by discussions with government officials, current 
program operators, nongovernmental immigration policy 
stakeholders, and current participants in the program, and by 
reviewing similar programs in other countries. The Committee is 
concerned that it has not yet been consulted as part of this 
review. Not later than 30 days after the date of enactment of 
this Act, ICE shall brief the Committee on the status of the 
review.
    Additionally, DHS and ICE are reminded of the now overdue 
reporting and publishing requirements regarding the ATD program 
described in the explanatory statement accompanying the 
Department of Homeland Security Appropriations Act, 2021, 
(Public Law 116-260); the Committee reiterates the ATD-CMS 
briefing and operational directives described therein.
    The recommendation also continues the case management 
services grant pilot program, which is funded in the ``Office 
of the Secretary and Executive Management--Federal Assistance'' 
account. The direction provided in the explanatory statement 
accompanying the Department of Homeland Security Appropriations 
Act, 2021, (Public Law 116-260) regarding this program shall 
again apply to funding provided in this Act.
    Bond Payments.--The Committee reminds ICE of its 
requirements to provide the monthly bond statistics described 
in House Report 116-9 and directs ICE to continue providing 
such information in fiscal year 2022. Further, not later than 
30 days after the date of enactment of this Act, ICE is 
directed to provide a briefing to update the Committee on the 
status of allowing the general public to post and pay bonds 
electronically.
    Detainee Access to Legal, Medical, and Mental Health 
Services.--ICE should not enter into, expand, or renew a 
contract with any entity to operate an immigration detention 
facility unless it is located fewer than 100 miles from:
          (1) a Level IV (or lower) designated trauma center; 
        and
          (2) at least one government-listed, legal aid 
        resource on the Executive Office for Immigration Review 
        (EOIR) ``List of Pro Bono Legal Service Providers'' 
        from which the Director has received confirmation that 
        it is able to provide legal services to detainees at 
        the facility.
    ICE is directed to continue adhering to the requirements in 
House Report 116-9 regarding legal resources available to 
detainees and shall ensure that such information is provided in 
both English and Spanish. The Committee reminds ICE of the 
report required in the explanatory statement accompanying the 
Department of Homeland Security Appropriations Act, 2021, 
(Public Law 116-260) regarding access to due process. The 
recommendation includes a new provision (section 217) that 
strengthens opportunities for individuals in DHS custody to 
have meaningful access to counsel and ensure individuals are 
provided a Know Your Rights presentation, including prior to 
any asylum-based interview or proceeding for those placed into 
expedited removal.
    The Committee again directs ICE to publish on a public 
facing website, not later than 30 days after the date of the 
close of the fiscal year, a description of the medical and 
mental health staffing--delineated by position and 
qualification--at each detention facility with a capacity to 
house at least 50 ICE detainees, along with the average daily 
population of each facility. The report should indicate the 
hours of availability of in-person, specialized medical service 
typically available during the week; whether any positions were 
unfilled for more than one month of the previous year; and the 
average detainee wait time for seeing a medical professional. 
ICE shall also include in the report the number of individuals 
taken into ICE custody with a serious medical or mental health 
condition, including pregnant women, and their average and 
median lengths of time in ICE custody. The Committee urges ICE 
to reinstate the policies in its August 2016 directive on the 
Identification and Monitoring of Pregnant Detainees that was 
superseded by its December 2017 update, except that such 
policies shall be updated to be harmonized with the 
requirements and legal flexibilities provided in section 219 of 
this Act.
    Detainee Forms.--Consistent with direction provided in the 
explanatory statement accompanying the Department of Homeland 
Security Appropriations Act, 2021, (Public Law 116-260), ICE is 
directed to make every reasonable attempt to provide forms to 
detained persons in a language in which the person is 
conversant, beginning with the forms that detained persons must 
sign. The Committee looks forward to receiving the briefing 
required in such explanatory statement.
    Detention Capacity for Single Adults.--The Committee 
expects that ICE will require fewer detention beds as it shifts 
from its historic reliance on a punitive enforcement model 
toward a more cooperative compliance enhancement model through 
the use of the ATD program and case management services. 
Additionally, as described further below, the recommendation 
includes a new provision that provides additional flexibility 
for releasing individuals from detention who do not pose a 
flight risk or public safety threat, which will further reduce 
the need for detention capacity.
    The Committee also acknowledges that as the Administration 
winds down the Migrant Protection Protocols program and 
eventually moves towards ending the Order Suspending 
Introduction of Certain Persons From Countries Where a 
Communicable Disease Exists, which was first issued by HHS on 
March 20, 2020, there will be an increase in single adult 
asylum seekers presenting at the border whose claims will be 
initially processed in ICE facilities according to title 8 laws 
and regulations. The Committee is therefore mindful that ICE 
must sustain adequate resources to support these operational 
changes and to prevent overcrowding that would create dangerous 
and inhumane conditions at CBP's short-term holding facilities.
    To balance the anticipated impact of these policy changes, 
the recommendation supports an average daily population (ADP) 
of 28,500 for single adults for fiscal year 2022, a reduction 
of 1,500 from the request and 3,000 from the fiscal year 2021 
level. Funding for single adult detention is reduced by 
$53,252,000 from the request, which also accounts for savings 
realized by a reduction in the number of guaranteed minimum 
detention beds under contract by ICE that occurred since 
enactment of fiscal year 2021 appropriation.
    The Committee acknowledges recent efforts to avoid 
detaining individuals in ICE custody longer than necessary, but 
more progress is needed to better balance humanitarian, due 
process, and budget efficiency considerations with the national 
security and public safety mission set. Accordingly, the bill 
includes a new provision (section 219) that requires the 
Secretary to approve a segmented risk classification assessment 
process to determine whether a detained individual is a flight 
risk or public safety threat, and to ensure whether the 
individual is an immigration enforcement priority according to 
official guidance provided to the ICE's field offices. In 
contrast to the current risk classification process, this 
provision requires that custody determinations be made in an 
individualized, documented manner, and requires collaboration 
with CRCL and OIDO in developing the new process. Assessments 
must be conducted for each individual in custody for 14 or more 
days and must be completed within 20 days of entering custody, 
or 10 days for individuals who self-identify as transgender. If 
the assessment reveals that the individual is not a flight 
risk, public safety threat, the individual should be released. 
All other individuals shall have their cases reviewed each 
month by the OIDO.
    Immigration Detention Contract Transparency.--Consistent 
with the direction provided in the explanatory statement 
accompanying the Department of Homeland Security Appropriations 
Act, 2021, (Public Law 116-260), ICE is directed to continue 
the monthly publishing of a consolidated compilation of 
contract documents for each of the facilities it uses for 
immigration detention purposes, including the most current and 
complete contract modification or addendum, any subcontracts, 
and all bid solicitation requests.
    Immigration Enforcement at Sensitive Locations.--The 
Committee is encouraged by recent updated guidance regarding 
Civil Immigration Enforcement Actions in or near courthouses, 
which will help victims and witnesses feel safe in coming 
forward to testify against those who commit criminal acts. ICE 
is directed to follow its policy regarding enforcement actions 
at or near all other sensitive locations, and is encouraged to 
examine the impacts of expanding the policy to additional 
locations not currently included, such as school bus stops or 
other locations where children congregate; USCIS offices; 
mental health, emergency, and social services centers; and 
other locations where community impacts could be better 
balanced against ICE immigration enforcement interests.
    ICE is again directed to provide its officers with guidance 
and training for engaging with victims and witnesses of crime, 
including victims of domestic violence, and to strengthen 
policy guidance on enforcement actions in or near sensitive 
locations in order to minimize any effect that immigration 
enforcement may have on the willingness and ability of victims 
and witnesses to pursue justice.
    Menstrual Hygiene Products in Immigration Detention 
Facilities.--The Committee is concerned by reports of ICE 
detention facility operators failing to provide adequate 
menstrual hygiene products to detainees. ICE shall immediately 
address this deficiency to ensure that such products are 
available, as needed, at detention facilities. ICE, together 
with OIDO, shall brief the Committee not later than 30 days 
after the date of enactment of this Act regarding the status of 
ICE's compliance with this requirement.
    Migrant Shelter Grants.--The Committee supports the 
Administration's recent operational shift away from the 
extended detention of families and notes that ICE's current 
short-term custody approach is intended to hold families for 
72-hours or less for the purposes of transportation out of CBP 
short-term holding facilities; completion of any needed 
processing documentation; testing for COVID-19 or assessment 
for other health concerns; and enrollment into ATD and case 
management services. It is critical that those activities not 
occur in CBP holding facilities, which were designed for the 
short-term processing of single adults and are particularly 
inappropriate for families with children. The Committee notes, 
however, that the budget request did not propose new resources 
to fully support this alternative approach, instead proposing 
$271,062,000 to sustain detention capacity for families at 
existing family residential centers, consistent with prior 
years. Accordingly, the recommendation does not include this 
proposed funding.
    The recommendation instead provides $100,000,000 under a 
new Federal Assistance account, to be transferred to FEMA for 
the award of grants to support noncustodial migrant processing 
and enrollment into ATD and case management services in 
nongovernmental shelters. Such funding shall be available for 
the incidental costs incurred by shelter operators in support 
of these operations, including space accommodations for 
personnel supporting ATD and case management enrollment. ICE is 
directed to ensure that, absent exigent circumstances, any 
personnel operating at shelters not wear law enforcement 
uniforms and shall work with shelter operators to ensure, to 
the greatest extent practical, that ICE's processes be 
performed in a setting segregated and out of plain site from 
the rest of the shelter.
    Not later than 90 days after the date of enactment of this 
Act, ICE, in collaboration with FEMA, shall brief the 
Committees on its strategy for noncustodial operations 
associated with migrant processing at these shelters, along 
with an expenditure plan for ICE operational costs and for the 
use of the grant funding.
    Phone Access in Detention.--The Committee is concerned that 
many migrants in ICE custody still do not have access to 
telephone services to contact legal and case support services. 
The Committee directs ICE to enable detainee phone use and 
produce an implementation plan to comply with both the Lyon v. 
ICE, et al. Settlement Agreement and section 221 of the bill at 
each ICE detention facility by not later than 90 days after the 
date of enactment of this Act. ICE shall ensure detainees are 
able to place direct, unmonitored calls from private phone 
booths to legal services and nonprofit service providers at no 
cost. Not later than 30 days after the date of enactment of 
this Act, ICE shall brief the Committee on the status of the 
plan, a schedule for achieving full compliance with these 
requirements, and any other efforts to improve detainee phone 
access.
    Religious Minorities.--Congress and the Department of State 
have recognized that genocide has been committed by foreign 
terrorist organizations and their affiliates against religious 
and ethnic minorities in Iraq, including Yezidis and 
Christians. The Committee recommends that ICE refrain from 
prioritizing the deportation of people who will be subject to 
violent persecution and death in their countries of origin.
    Removal and Detention Reporting.--The Department shall 
continue to submit data on the removal of parents of U.S.-born 
children semiannually, as in prior years, and shall also report 
semiannually on removals of members of the armed services who 
have either been discharged or separated from service other 
than for dishonorable or bad conduct.
    Additionally, ICE is directed to provide a semi-annual 
report to the Committee detailing the number of individuals, by 
field office, who are detained by ICE for removal from the 
United States but are subsequently determined to be U.S. 
citizens, along with the average and median lengths of stay in 
detention for such individuals. The report should also describe 
ICE's process for adjudicating claims of U.S. citizenship by 
individuals it arrests for removal from the United States; 
major impediments to more quickly resolving such claims; and 
ICE's efforts to mitigate those impediments. The first report 
is due within 90 days of the date of enactment of this Act. The 
Committee notes this report was first required in the 
explanatory statement accompanying the Department of Homeland 
Security Appropriations Act, 2019, (Public Law 116-6), and ICE 
has failed to comply with that requirement. The Committee urges 
ICE to expedite the delivery of that report.
    Reporting on Criminality and Enforcement Priorities.--ICE 
is directed to continue monthly reporting regarding 
criminality, as described in House Report 116-9. Further, ICE 
shall provide monthly reports on detention and removal actions 
by category delineated in the anticipated final guidance that 
will replace the current ``Interim Guidance: Civil Immigration 
Enforcement and Removal Priorities'', dated February 18, 2021. 
Both data sets shall differentiate individuals detained or 
removed as a result of interior enforcement efforts versus 
those from CBP border security operations.
    Voluntary Work Program.--The recommendation includes a new 
provision (section 221) establishing that the allowances 
provided to detained individuals for work performed in 
detention facilities may not be less than the local prevailing 
minimum wage. The bill includes an increase of $10,000,000 
above the request to begin implementing this requirement in 
fiscal year 2022.

              OFFICE OF THE PRINCIPAL LEGAL ADVISOR (OPLA)

    Access to Counsel.--The bill includes a new provision 
(section 217) requiring the Secretary and the CRCL Officer to 
each certify that the provision's increased requirements to 
improve access to counsel, prospective counsel, and Know Your 
Rights presentations are satisfied.
    Prosecutorial Discretion and OPLA Enhancements.--The 
Committee is encouraged by the recent updated guidance issued 
by the Principal Legal Advisor on May 27, 2021, entitled, 
``Interim Guidance to OPLA Attorneys Regarding Civil 
Immigration Enforcement and Removal Policies and Priorities.'' 
Given this shift towards increasing the humane use of 
prosecutorial discretion and in support of efforts to address 
the significant immigration case backlog, the recommendation 
includes increases above fiscal year 2021 levels of $15,000,000 
to hire additional OPLA attorneys and for related facility 
requirements; and $6,851,000 for OPLA's case management system, 
as requested. The Committee encourages OPLA, in collaboration 
with USCIS, CBP, the Executive Office for Immigration Review, 
and other stakeholders, as appropriate, to explore 
opportunities to share immigration case files and other 
relevant information more efficiently and securely between 
agencies in an online environment. Not later than 180 days 
after the date of the enactment of this Act, the Principal 
Legal Advisor and other stakeholders shall brief the Committee 
regarding the feasibility and cost-benefit analysis of using 
commercial off-the-shelf solutions capable of rapidly improving 
the efficiency and effectiveness of the immigration 
adjudication process through better sharing and presenting of 
case files, exhibits, multimedia materials, and other evidence 
among agencies, with respondents and detainees, and at 
hearings.
    Protecting Separated Families.--OPLA attorneys shall, as 
appropriate, resolve removal proceedings for separated families 
through the use of stipulations and DHS shall expeditiously 
adjudicate humanitarian parole requests submitted by or on 
behalf of separated and removed family members seeking to enter 
the United States.

                            MISSION SUPPORT

    The recommendation breaks out Mission Support PPA funding 
into three new sub-PPAs: Enterprise Services; Office of 
Professional Responsibility; and Executive Leadership and 
Oversight; this approach is consistent with the Mission Support 
PPA structure for CBP. The Executive Leadership and Oversight 
PPA includes funding for the following offices: Office of the 
Director, including the Deputy Director and the Chief of Staff; 
Congressional Relations; Diversity and Civil Rights; Firearms 
and Tactical Programs; Partnership and Engagement; and Public 
Affairs.
    Body Worn Cameras.--The Committee continues to believe that 
the use of body-worn cameras would be beneficial for the 
execution of many ICE operations and is disappointed that the 
agency has only recently begun efforts to design a pilot 
program. The Committee is concerned that under the current 
plan, the pilot would require 30 months to complete and is too 
limited in scope to evaluate camera use in disparate 
operational settings, which could lead to further delays in 
their full deployment to the field. The Committee is also 
disappointed with the lack of identified resources to execute 
the pilot program in the fiscal year 2022 request. Therefore, 
the recommendation includes an increase of $3,000,000 above the 
request for the Office of the Chief Information Officer, in 
collaboration with other agency stakeholders, to accelerate the 
pilot program and to ensure the pilot is appropriately scoped.
    Not later than 30 days after the date of enactment of this 
Act, ICE and CRCL shall provide a joint briefing to the 
Committee on the updates to the plan for the pilot; the metrics 
for success; an expenditure plan for the $3,000,000 increase; 
any anticipated civil liberties or other concerns that may 
present challenges; how recorded footage will interface with 
Freedom of Information Act requirements; specific activities/
operations where the use of body-worn cameras could compromise 
undercover criminal investigations; and activities where the 
use of body-worn cameras would be of particular benefit to the 
safety and wellbeing of officers, agents, detainees, and the 
public. The briefing shall identify opportunities to 
significantly accelerate the pilot program and a plan to 
transition to the field the use of these cameras. It shall also 
identify any risks in accelerating the pilot, along with 
mitigation strategies to address those risks.
    Data Modernization Roadmap.--The recommendation provides an 
increase of $5,000,000 above the request to the Office of the 
Chief Information Officer to improve the use of data to better 
inform ICE's planning, budgeting, and operations.
    Fleet.--The recommendation includes an increase of 
$25,000,000 above the request for the ICE fleet replacement 
program to improve the safety of ICE officers and agents.
    Office of Detention Oversight (ODO).--The Committee is 
concerned that gaps remain in the design and plans for 
inspections and oversight at ICE's civil detention facilities. 
The recommendation includes an increase of $2,500,000 above the 
request to support additional, unannounced inspections; to 
review compliance with each detention standard not less than 
once every three years at each facility; to expand ODO's 
oversight to facilities that detain individuals for 72-hours or 
less; and to conduct reviews and inspections of any special or 
emerging facilities and programs. Not later than 120 days after 
the date of enactment of this Act, ODO is directed to brief the 
Committee on Appropriations, the House Judiciary Committee, and 
the House Committee on Oversight and Government Reform on a 
detailed description of the process it will use for detention 
facility inspections.
    ICE is reminded that the detailed results of these 
inspections shall be promptly published on a public-facing 
website, redacted as needed to protect any personally 
identifiable information, along with a plan of action and 
milestones to address any deficiencies that were identified 
during the inspection. The status of addressing such 
deficiencies shall be validated by OIDO and shall be updated on 
the ICE website not less that quarterly.
    Consistent with direction provided in prior years, the ICE 
Director shall have sole authority to approve detention 
standard waivers and shall notify the Committee of any such 
waiver within 3 business days of approval. Additionally, ICE 
shall report publicly on a quarterly basis on any waivers 
issued, including the justification for each such waiver.
    Reliance on Gang Databases.--The Committee is concerned 
that ICE relies on inaccurate, incomplete, or otherwise flawed 
databases in order to issue detainer requests, which often have 
the effect of extending a person's period of criminal 
incarceration or civil immigration detention. Not later than 90 
days after the date of enactment of this Act, the Director of 
ICE, in consultation with the CRCL Officer, shall contract with 
an independent organization to conduct a comprehensive 
evaluation of the accuracy of the databases ICE uses to issue 
immigration detainer requests. ICE and CRCL shall provide an 
update to the Committee not later than 180 days after the date 
of enactment of this Act on the status of this effort.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2021.......................       $97,799,000
Budget request, fiscal year 2022......................        51,700,000
Recommended in the bill...............................        51,700,000
Bill compared with:
    Appropriation, fiscal year 2021...................       -46,099,000
    Budget request, fiscal year 2022..................             - - -
 

    The recommendation provides $51,700,000, as requested, 
including $5,479,000 for a new Technological Operations 
building at the Antilles HSI facility in San Juan, Puerto Rico. 
ICE is directed to include project- or investment-level details 
in its monthly operational and spending plans, which shall 
include any carryover balances of prior-year funding.

                           FEDERAL ASSISTANCE

                     (INCLUDING TRANSFER OF FUNDS)

 
 
 
Appropriation, fiscal year 2021.......................             - - -
Budget request, fiscal year 2022......................             - - -
Recommended in the bill...............................      $100,000,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +100,000,000
    Budget request, fiscal year 2022..................      +100,000,000
 

    As described in detail above, the recommendation provides 
$100,000,000 above the request for a new, FEMA-administered 
grant program for jurisdictions and non-profit organizations to 
provide short-term, non-custodial shelter and transportation 
services for migrants while they are: completing their 
immigration processing; provided health screening; enrolled 
into Alternatives to Detention; and referred to case management 
services.

                 Transportation Security Administration


 
 
 
Appropriation, fiscal year 2021.......................    $8,311,695,000
Budget request, fiscal year 2022......................     8,615,561,000
Recommended in the bill...............................     8,615,561,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +303,866,000
    Budget request, fiscal year 2022..................             - - -
 
*Note--the amounts for each fiscal year include appropriations offset by
  fee collections, which for fiscal year 2022 are estimated by CBO at
  $2,460,750,000, including $2,110,000,000 in passenger security fees
  and $350,750,000 in vetting fees.

                                MISSION

    The Transportation Security Administration (TSA) is charged 
with protecting U.S. transportation systems while facilitating 
the flow of travel and commerce.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2021.......................    $7,793,715,000
Budget request, fiscal year 2022......................     8,094,787,000
Recommended in the bill...............................     8,072,443,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +278,728,000
    Budget request, fiscal year 2022..................       -22,344,000
 
*Note--the amounts for each fiscal year include appropriations offset by
  passenger security fee collections, which for fiscal year 2022 are
  estimated by CBO at $2,110,000,000.

    Credential Authentication.--The recommendation includes 
$24,600,000, as requested, for the nationwide deployment of 
credential authentication technology (CAT). The Committee is 
aware of TSA's interest in deploying technology that will 
minimize physical contact between screeners and passengers, 
including CAT with Camera (CAT-C). Not later than 90 days after 
the date of enactment of this Act, TSA shall provide a briefing 
on technology in use, being deployed or being considered that 
would reduce physical contact with passengers including CAT-C. 
As part of this briefing, TSA shall address how this 
implementation will impact the Registered Traveler Program and 
any steps TSA is taking to mitigate such impact. The briefing 
shall also address steps being taken to safeguard passenger 
privacy.
    Exit Lane Staffing Report.--The Committee encourages 
effective use of TSA staff resources and directs TSA to provide 
a briefing, within 90 days of the date of enactment of this 
Act, on the safety and efficiency impacts of utilizing local 
law enforcement partnerships to staff airport exit lanes under 
TSA oversight.
    Federal Flight Deck Officer (FFDO).--The Committee 
recommends the requested $20,263,000 for the FFDO program to 
expand Federal Law Enforcement Training Centers (FLETC) 
training capacity to accommodate an increased volume of pilot 
candidates entering the program and to support required 
recurrent training. The Committee appreciates the value of the 
FFDO Recurrent Training Center in Atlanta, GA, in making 
training more convenient and efficient for FFDOs. While the 
Committee supports the shared opportunity to cross-purpose the 
training center for Federal Air Marshal (FAMS) training, the 
Committee recommends that the Center prioritize recurrent 
training for FFDOs as intended for the facility. Additionally, 
the Committee recommends that TSA consider locating a recurrent 
training facility in the western U.S. to support officers based 
on the West Coast. Finally, the Committee encourages TSA to 
facilitate access to firearms and recurrent training facilities 
per the 2018 FAA Reauthorization Act. The Committee directs TSA 
to provide a briefing not later than 60 days after the date of 
enactment of this Act on FFDO Program enrollment, utilization 
numbers for FFDO recurrent training, and FFDO firearms 
recertification training.
    Integrated Security Enterprise.--The Committee continues to 
support TSA's efforts to develop open architecture requirements 
for transportation security equipment, which should include 
well defined requirements and standards. Similar to the open 
architecture enterprise utilized in the medical industry, the 
Committee urges TSA to fully define its proposed end state, 
including all workflows and interfaces across the aviation 
security domain.
    Modernization and Interoperable Gateway System (IGS) 
Communications Pilot Program.--The Committee recognizes the 
need to expand TSA's existing framework of IGS technology 
currently deployed by TSA specialized programs and security 
operations throughout general airport operations. This system 
connects radio, voice, text, video, and data files in a secure 
environment available to the agencies and personnel that make 
up airport and law enforcement operations. The Committee 
encourages TSA to consider conducting a pilot project based on 
IGS technology solutions already in use by the agency at 
several airports in the Eastern United States to expand the 
existing framework and close any interoperability gaps. TSA is 
directed to brief the Committee within 120 days of the date of 
enactment of this Act on the feasibility, potential benefits, 
cost, and schedule for such a pilot program.
    REAL ID Act.--The Committee notes that full implementation 
of REAL ID Act minimum document requirements and issuance 
standards for federal recognition has been postponed until May 
3, 2023, due to the impact of the COVID-19 pandemic on the 
operations of state motor vehicle department operations. Not 
later than 180 days after the date of enactment of this Act, 
the Committee directs TSA to provide a briefing on: (1) 
alternative screening procedures (in accordance with section 
7220(c) of Title VII, Public Law 108-458 (49 U.S.C. 44901 
note)) widely available for passengers who do not have 
credentials that meet the requirements of section 202 of the 
REAL ID Act; and (2) TSA's efforts to prepare for enforcement 
of REAL ID requirements at TSA checkpoints.
    Real-Time Wait Time Information at Security Checkpoints.--
The Committee supports TSA's efforts to inform the traveling 
public about real-time wait times at TSA screening checkpoints, 
consistent with the requirements of the FAA Reauthorization Act 
of 2018 (Public Law 115-254). The Committee believes 
disseminating this information via websites, mobile device 
applications or on in-airport screens helps the traveling 
public appropriately plan their trips and helps alert TSA about 
wait time lags so they can be quickly addressed.
    Touchless Security Identification.--TSA shall provide 
activity-level details in its budget justification materials 
for activities associated with the development and 
implementation of voluntary, accurate, reliable, and secure 
biometric identification options for passengers enrolled in 
PreCheck.
    Ultraviolet-C (UVC) Equipment for Screening Checkpoints.--
The Committee is aware that TSA has established a pilot program 
to install and deploy UVC technology, both standalone systems 
and systems for automated screening lanes, capable of 
extinguishing the presence of bacteria and viruses on trays at 
the security checkpoints. The Committee encourages further 
development of this initiative and directs TSA to provide a 
briefing, within 90 days of the date of enactment of this Act, 
on the potential benefits, feasibility, and funding 
requirements for future deployment of this technology at all 
Category X airports.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2021.......................      $134,492,000
Budget request, fiscal year 2022......................       134,492,000
Recommended in the bill...............................       156,836,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +22,344,000
    Budget request, fiscal year 2022..................       +22,344,000
 

    Computed Tomography Deployment.--The Committee recommends 
$104,492,000, as requested, for the procurement and deployment 
of computed tomography (CT) equipment and encourages TSA to 
accelerate the program. Within 60 days of the date of enactment 
of this Act, TSA shall brief the Committee on a proposed 
procurement and deployment plan along with a funding and 
execution plan to complete the full deployment of CT machines 
across the nation's airports by not later than 2026.

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2021.......................       $29,524,000
Budget request, fiscal year 2022......................        35,532,000
Recommended in the bill...............................        35,532,000
Bill compared with:
    Appropriation, fiscal year 2021...................        +6,008,000
    Budget request, fiscal year 2022..................             - - -
 

                              Coast Guard


 
 
 
Appropriation, fiscal year 2021.......................   $12,844,954,000
Budget request, fiscal year 2022......................    12,871,442,000
Recommended in the bill...............................    13,172,742,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +327,788,000
    Budget request, fiscal year 2022..................      +301,300,000
 
*Note--the amounts for each fiscal year include mandatory appropriations
  for retired pay, permanent indefinite discretionary appropriations for
  health care, and housing fund appropriations offset by fee
  collections, which for fiscal year 2022 are estimated by CBO at
  $1,963,519,000; $240,577,000; and $4,000,000, respectively.

                                MISSION

    The Coast Guard is the principal federal agency charged 
with maritime safety, security, and stewardship. It is a 
military, multi-mission, maritime service within the Department 
of Homeland Security and one of the nation's five armed 
services.

                          OPERATIONS & SUPPORT

 
 
 
Appropriation, fiscal year 2021.......................    $8,485,146,000
Budget request, fiscal year 2022......................     9,020,770,000
Recommended in the bill...............................     9,144,070,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +658,924,000
    Budget request, fiscal year 2022..................      +123,300,000
 

    The recommendation continues and expands upon on the 
Committee's support for the Coast Guard, including the 
following increases above the request: $20,000,000 for tuition 
assistance parity; $7,150,000 for recruiting and supporting a 
diverse workforce; $5,500,000 for an accession competitiveness 
pilot program; $6,000,000 for cyber compliance upgrades to 
training center simulators and trainers; $2,800,000 to 
modernize Ready Learning and recapitalize training aids; 
$30,050,000 for operational command and control (C2) and domain 
awareness; $12,000,000 for MH-60T cutter deployability; 
$4,000,000 for surface short range communications 
modernization; $8,900,000 for Rescue 21 modernization; 
$10,000,000 to recapitalize operational safety and detection 
equipment; $11,900,000 for cyber readiness; and $5,000,000 for 
the National Coast Guard Museum.
    The Committee acknowledges the Coast Guard is in a 
transition year with a new budget structure for this account. 
To lessen the risk of end of year vulnerabilities, the 
Committee includes more flexible reprogramming authority for 
this fiscal year, rather than the requested contingency 
funding. The Committee expects the Coast Guard to report end of 
fiscal year obligations in the sub-PPA structure provided with 
the fiscal year 2022 budget materials not later than 60 days 
after the end of the fiscal year. The Committee also expects 
the fiscal year 2023 budget justification materials to be 
provided with the same sub-PPA level of detail.
    The Committee continues a provision allowing for the 
movement among PPAs of funding identified by the Coast Guard as 
supporting the Department of Defense for enduring overseas 
missions. The Coast Guard shall notify the Committee not later 
than 15 days following any use of this authority.
    Coast Guard Museum.--The recommendation includes $5,000,000 
for the Coast Guard Museum, which may be used for the 
preservation and protection of Coast Guard artifacts, the 
design, fabrication, and installation of exhibits or displays 
in which these artifacts are included, or other authorized 
activities. The Coast Guard is directed to brief the Committee 
on a plan for the use of these funds prior to their obligation.
    Electronic Health Records.--The Coast Guard is directed to 
brief the Committee not later than 120 days after the date of 
enactment of this Act on its ongoing activities related to the 
digital transition of Coast Guard legacy health records to the 
MHS Genesis system, including timelines and costs associated 
with the transition.
    Great Lakes Icebreaker Program.--The Coast Guard is tasked 
by Executive Order to carry out icebreaking efforts in support 
of commerce. The Committee is concerned that in recent years, 
performance metrics for icebreaking on the Great Lakes has been 
redefined by the availability of assets, rather than mission 
requirements, often with severe economic impacts. As the Coast 
Guard begins to define its requirements for the 
recapitalization of ice breaking assets in the Great Lakes, the 
Committee directs the Coast Guard to incorporate historical 
measures of performance. Not later than 180 days after the date 
of enactment of this Act, the Coast Guard is directed to brief 
the Committee on such performance measures and other 
considerations for planning the recapitalization of assets in 
the Great Lakes.
    Illegal, Unreported, and Unregulated (IUU) Fishing.--The 
Committee understands that IUU fishing is related to piracy, 
drug trafficking, human trafficking, and forced labor, and has 
accounted for billions of dollars in losses for the global 
fishing industry. The Coast Guard is directed, not later than 
180 days after the date of enactment of this Act, to submit an 
international IUU strategy to preserve the integrity and free 
flow of commerce, protect natural resources and food security, 
and contribute to socioeconomic stability in the regions 
impacted by IUU. The strategy should identify resource 
requirements for increased monitoring; the collection of 
enforcement-quality data and intelligence; real-time response 
by surface-based enforcement assets; and IUU enforcement 
personnel and training.
    Interoperable Gateway System Technology (IGS).--The Coast 
Guard is encouraged to explore the feasibility and value of 
incorporating IGS technology into its operations and brief the 
Committee on the results of its assessment not later than 120 
days after the date of enactment of this Act.
    Leveraging Systems.--The Committee is aware of systems the 
Coast Guard uses to communicate among its assets and with other 
agencies and encourages the Coast Guard to explore whether 
other mission needs could be met with the expanded capabilities 
being developed through these systems.
    Liquefied Natural Gas (LNG) Report.--The Department is 
reminded of its obligation to meet the requirements of section 
8254(b) of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021, which required a 
National Academies of Sciences report and recommendations on 
the challenges in maintaining examination efficiency under the 
Certificate of Compliance inspection program as LNG export 
traffic increases at U.S. ports.
    Natural Disaster Resiliency.--The Committee remains 
interested in the Coast Guard's efforts to complete its Shore 
Infrastructure Vulnerabilities Assessments (SIVA), which 
identify and document risks to Coast Guard facilities from 
natural hazards and recommend actions to mitigate those 
risks.The Coast Guard shall brief the Committee not later than 
120 days after the date of enactment of this Act on the status 
of its SIVA efforts, to include the results and recommendations 
of assessments completed to date, the expected timeline to 
complete all remaining assessment phases, and any resource 
requirements for accelerating the pace of assessments. 
Additionally, not later than 90 days after the date of 
enactment of this Act, the Coast Guard shall brief the 
Committee on current natural hazard emergency preparedness and 
evacuation plans, to include the threat of tsunamis, as well as 
costs and options to improve those plans.
    Non-lethal Escalation of Force Capability.--Not later than 
120 days after the date of enactment of this Act, the Coast 
Guard shall brief the Committee on a comprehensive evaluation 
of commercially available technologies for the non-lethal 
escalation of force for hailing and warning small maritime 
craft or for land-based personnel. The assessment should 
include reviews of modern technologies, such as non-lethal, 
laser-based technologies, and should include products 
manufactured by small businesses.
    Powered Ascenders for Rotary-Wing Fleet.--The Committee 
recognizes the importance of redundant systems for aviation 
rescue operations and encourages the Coast Guard to consider 
equipping its rotary-wing aircraft with light weight, portable, 
powered ascenders with lift capacity equivalent to conventional 
rescue hoists.
    Radio Frequency Satellite Technology.--The Committee is 
aware of commercial, space-based radio frequency detection 
technologies that can be used to track maritime vessels even 
when those vessels turn off their Automatic Identification 
Systems. The Committee urges the Coast Guard to test and 
evaluate this technology and assess its value to intelligence 
gathering and law enforcement efforts to address illegal, 
unreported, and unregulated fishing, especially in remote 
maritime regions of economic, environmental, and national 
security significance in the Indo-Pacific and Arctic regions.
    Small Arms Simulation.--The Committee understands the 
importance of ensuring the Coast Guard has appropriate training 
tools for personnel to meet cognitive decision-making demands 
and small arms readiness skills required for unique operational 
environments. The Committee encourages the Coast Guard to 
explore the use of performance based, small arms simulation 
training technologies to help improve cognitive skills, 
operator situational awareness, and judgement in high-risk 
operations.
    STARBASE Program.--The Committee supports the Coast Guard's 
efforts to engage with the Department of Defense on the youth 
STARBASE program, which provides ``hands-on, minds-on'' 
opportunities for young students to interact with military 
personnel and explore real-world applications of science, 
technology, and math. As the Coast Guard expands these efforts, 
the Committee encourages an emphasis on oceanography and 
limnology programs and partnerships with minority-serving 
institutions.
    Towing Vessel Inspection Fee.--The Frank LoBiondo Coast 
Guard Authorization Act of 2018 directed the Coast Guard to 
review and compare the costs to the government of towing vessel 
inspections performed directly by the Coast Guard and those 
performed through the Towing Safety Management System (TSMS). 
Based on that review, the Act requires the Coast Guard to 
revise user fee for each inspection option to reflect its 
actual cost. Not later than 60 days after the date of enactment 
of this Act, the Coast Guard is directed to brief the Committee 
on the progress of its assessment and rulemaking to distinguish 
between user fees charged to vessel owners using the Coast 
Guard and TSMS options.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2021.......................    $2,264,041,000
Budget request, fiscal year 2022......................     1,639,100,000
Recommended in the bill...............................     1,817,100,000
Bill compared with:
    Appropriation, fiscal year 2021...................      -446,941,000
    Budget request, fiscal year 2022..................      +178,000,000
 

    The Coast Guard is directed to continue to brief the 
Committee quarterly on all major acquisitions, consistent with 
the direction in the explanatory statement accompanying Public 
Law 114-4.
    Beginning with the budget request for fiscal year 2023, the 
Coast Guard shall include in its justification materials an 
estimate of the receipts to be deposited in the Housing Fund 
for the budget year, along with a plan for the expenditure of 
those funds. Any deviations from the plan shall be reported to 
the Committee not fewer than 15 days before the obligation of 
associated funds.

                                VESSELS

    Offshore Patrol Cutter (OPC).--The recommendation provides 
the requested $597,000,000 to continue the program of record 
for these critical assets. The Committee directs the Coast 
Guard to continue briefings, as described in Public Law 116-93, 
on the metrics used to evaluate adherence to production 
timelines and costs, as well as progress towards or challenges 
experienced in meeting these metrics.
    National Security Cutter (NSC).--The Committee provides 
$99,000,000, which is $21,000,000 above the request, for the 
NSC program. This funding will support Post Delivery Activities 
to missionize and operationalize NSCs 10 and 11. The shortfall 
for these activities is currently over $200,000,000. The 
$21,000,000 is funded in the bill as a rescission and re-
appropriation of prior-year funds to extend their availability.
    Polar Security Cutter (PSC).--The recommendation includes 
the requested $170,000,000 for a portion of the long lead time 
materials for a third PSC, which will keep the acquisition 
program on schedule. The Committee is committed to the 
importance of an expanded U.S. presence in the polar regions, 
especially the Arctic.
    Waterways Commerce Cutter (WCC).--The recommendation 
includes the requested $67,000,000 to begin recapitalization of 
the nation's inland tenders and barges.

                                AIRCRAFT

    HC-130J Acquisition/Conversion/Sustainment.--The Committee 
recommends $148,000,000, which is $128,000,000 above the 
request. This funding which will support the production and 
missionization of the nineteenth HC-130J long range 
surveillance aircraft as part of an acquisition program goal of 
twenty-two aircraft.

                       OTHER ACQUISITION PROGRAMS

    The recommendation includes $29,000,000 above the request 
for the two priority information technology systems on the 
Coast Guard's Unfunded Priorities List (UPL): $20,000,000 for 
Coast Guard management system recapitalization; and $9,000,000 
for VTS C2 modernization.

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2021.......................       $10,276,000
Budget request, fiscal year 2022......................         7,476,000
Recommended in the bill...............................         7,476,000
Bill compared with:
    Appropriation, fiscal year 2021...................        -2,000,000
    Budget request, fiscal year 2022..................             - - -
 

    The Committee is particularly concerned with the threats 
posed by unmanned aerial systems technology and encourages the 
Coast Guard to partner with the Science and Technology 
Directorate on counter UAS research and development efforts, 
especially for operations in areas with challenging conditions, 
such as the Arctic.
    Blue Technology Center of Expertise.--The Committee directs 
the Coast Guard to continue to report periodically on the 
successes of the Center and encourages the continuation and 
expansion of this partnership.
    Unmanned Surface Vehicles (USV).--The Committee directs the 
Coast Guard to report on its plans for research and development 
activities related to USVs, including an evaluation of wind and 
solar powered vessels with surface and subsurface capabilities, 
not later than 90 days after the date of enactment of this Act. 
The Committee also expects to be updated on the findings of 
this research as they become available.

                     HEALTH CARE FUND CONTRIBUTION

 
 
 
Appropriation, fiscal year 2021.......................      $215,787,000
Budget request, fiscal year 2022......................       240,577,000
Recommended in the bill...............................       240,577,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +24,790,000
    Budget request, fiscal year 2022..................             - - -
 
*Note--This is a permanent indefinite discretionary appropriation.

    The Health Care Fund Contribution accrues the Coast Guard's 
military, Medicare-eligible health benefit contribution to the 
DoD Medicare-Eligible Retiree Health Care Fund. Contributions 
are for future Medicare-eligible retirees, as well as retiree 
dependents and their potential survivors.

                              RETIRED PAY

 
 
 
Appropriation, fiscal year 2021.......................    $1,869,704,000
Budget request, fiscal year 2022......................     1,963,519,000
Recommended in the bill...............................     1,963,519,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +93,815,000
    Budget request, fiscal year 2022..................             - - -
 

    The Retired Pay mandatory appropriation provides payments 
as identified under the Retired Serviceman's Family Protection 
and Survivor Benefits Plans and other retired personnel 
entitlements identified under prior-year National Defense 
Authorization Acts. This appropriation also includes funding 
for medical care of retired personnel and their dependents.

                      United States Secret Service


 
 
 
Appropriation, fiscal year 2021.......................    $2,438,001,000
Budget request, fiscal year 2022......................     2,571,917,000
Recommended in the bill...............................     2,575,817,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +137,816,000
    Budget request, fiscal year 2022..................        +3,900,000
 

                                MISSION

    The United States Secret Service (USSS) protects and 
investigates threats against the President and Vice President, 
their families, visiting heads of state, and other designated 
individuals; protects the White House, the Vice President's 
Residence, foreign missions, and certain other facilities 
within Washington, D.C.; and coordinates the security at 
National Special Security Events (NSSE). The Secret Service 
also investigates violations of laws relating to counterfeiting 
of obligations and securities of the United States; financial 
crimes, including access device fraud, financial institution 
fraud, identity theft, and computer fraud; and computer-based 
attacks on financial, banking, and telecommunications 
infrastructure. In addition, the agency provides support for 
investigations related to missing and exploited children.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2021.......................    $2,373,109,000
Budget request, fiscal year 2022......................     2,514,758,000
Recommended in the bill...............................     2,518,658,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +145,549,000
    Budget request, fiscal year 2022..................        +3,900,000
 

    The recommendation includes increases above the request of 
$2,400,000 for Zero-Trust Architecture implementation and 
$1,500,000 for transitioning to Internet Protocol version 6.
    Within the total amount provided, the bill makes 
$51,621,000 available until September 30, 2023, of which 
$12,880,000 is for the James J. Rowley Training Center; 
$15,241,000 is for Operational Mission Support (OMS); 
$4,500,000 is for NSSEs; $18,000,000 is for protective travel; 
and $1,000,000 is for an updated study of the White House 
Training Facility recommended by the USSS Protective Mission 
Panel. As directed in House Report 115-239, USSS should attempt 
to fully obligate its O&S funding during the fiscal year, 
including for OMS projects.
    Financial Crimes.--The Committee notes that the Secret 
Service is a lead federal agency in the effort to protect U.S. 
consumers, banks, and small businesses from complex, cyber-
enabled financial crimes. This includes such crimes as Business 
Email Compromise scams, network intrusions, online identity 
theft, and the use of electronic ``skimming'' devices, 
typically at gas station pumps or ATM machines, that steal 
encoded information from debit and credit cards. The Committee 
recognizes the efforts of the Secret Service's Cyber Fraud Task 
Force (CFTF) to combat skimming across the United States, as 
well as the work of the National Computer Forensics Institute 
(NCFI) to train and equip state, local, and tribal law 
enforcement personnel to effectively investigate and prosecute 
electronic crimes, including skimming. The Committee strongly 
supports these efforts and fully funds the request for Field 
Operations of $748,551,000, through which CFTF and NCFI are 
funded.
    NSSE Designations.--The Secret Service is the lead federal 
agency for planning, coordination and implementation of 
security operation for NSSEs, including Presidential 
inaugurations, Democratic and Republican National Conventions, 
state funerals, and certain widely attended events. Based on 
the growing threat of domestic terrorism and extremist violence 
in the United States, the Committee directs the Secret Service 
to provide a report, not later than 180 days after the date of 
enactment of this Act, assessing how decision making about NSSE 
designations should be updated to better account for such 
threats. The report should include an evaluation of the lessons 
learned in light of the attack on the U.S. Capitol on January 
6, 2020, and an assessment of how future events at or in the 
vicinity of the Capitol building--and in particular the 
counting of electoral votes by Congress--should be more 
thoroughly evaluated for NSSE designation.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2021.......................       $52,955,000
Budget request, fiscal year 2022......................        54,849,000
Recommended in the bill...............................        54,849,000
Bill compared with:
    Appropriation, fiscal year 2021...................        +1,894,000
    Budget request, fiscal year 2022..................             - - -
 

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2021.......................       $11,937,000
Budget request, fiscal year 2022......................         2,310,000
Recommended in the bill...............................         2,310,000
Bill compared with:
    Appropriation, fiscal year 2021...................        -9,627,000
    Budget request, fiscal year 2022..................             - - -
 

                  Title II--Administrative Provisions


                     (INCLUDING TRANSFER OF FUNDS)

    Section 201. The Committee continues by reference a 
provision regarding overtime compensation.
    Section 202. The Committee continues a provision allowing 
CBP to sustain or increase operations in Puerto Rico with 
appropriated funds.
    Section 203. The Committee continues a provision regarding 
the availability of fee revenue collected from certain arriving 
passengers.
    Section 204. The Committee continues a provision allowing 
CBP access to certain reimbursements for preclearance 
activities.
    Section 205. The Committee continues a provision regarding 
the importation of prescription drugs by an individual for 
personal use.
    Section 206. The Committee continues a provision regarding 
waivers of the Jones Act.
    Section 207. The Committee continues a provision 
prohibiting DHS from establishing a border crossing fee.
    Section 208. The Committee continues a provision 
prohibiting the obligation of funds prior to the submission of 
an expenditure plan for funds made available for CBP 
Procurement, Construction, and Improvements.
    Section 209. The Committee continues by reference a 
provision prohibiting the construction of border security 
barriers in specified areas.
    Section 210. The Committee includes a new provision 
regarding reimbursement for COVID-19 testing and voluntary 
isolation.
    Section 211. The Committee includes a provision regarding 
the use of prior-year appropriations for border barrier 
mitigation on federal lands, including authority to transfer 
funds.
    Section 212. The Committee continues and modifies a 
provision regarding the 287(g) program.
    Section 213. The Committee continues a provision 
prohibiting the use of funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' 
to contract for detention services if the facility receives 
less than ``adequate'' ratings in two consecutive performance 
evaluations.
    Section 214. The Committee continues by reference a 
provision that requires ICE to provide statistics about its 
detention population.
    Section 215. The Committee continues by reference a 
provision related to information sharing and reporting under 
the 287(g) program.
    Section 216. The Committee continues and modifies a 
provision related to information sharing between ICE and the 
Office Refugee Resettlement (ORR) that prohibits ICE from using 
information for removal purposes if it was provided by as part 
of a process of sponsoring an unaccompanied child or reuniting 
a child with a family member or if it is based on information 
gathered in therapy sessions for a child while in ORR.
    Section 217. The Committee includes a new provision 
ensuring access to legal counsel for specified legal 
proceedings and requires the Secretary and the Director of the 
Office for Civil Rights and Civil Liberties to certify as to 
whether such requirements have been met.
    Section 218. The Committee includes a new provision that 
prohibits ICE from detaining or removing individuals with a 
pending application or petition for specified humanitarian 
relief.
    Section 219. The Committee includes a new provision that 
requires the Secretary to approve a segmented risk 
classification assessment process to determine whether a 
detained individual is a flight risk or a public safety or 
national security threat.
    Section 220. The Committee includes a new provision to 
focus Homeland Security Investigations activities on functions 
that are not redundant to those of Enforcement and Removal 
Operations.
    Section 221. The Committee includes a new provision related 
to allowances for work performed by individuals in custody.
    Section 222. The Committee continues a provision clarifying 
that certain elected and appointed officials are not exempt 
from federal passenger and baggage screening.
    Section 223. The Committee continues a provision directing 
the deployment of explosive detection systems based on risk and 
other factors.
    Section 224. The Committee continues a provision 
authorizing TSA to use funds from the Aviation Security Capital 
Fund for the procurement and installation of explosive 
detection systems or for other purposes authorized by law.
    Section 225. The Committee continues a provision directing 
the Administrator of TSA to report to specified Committees 
about the agency's investment plans.
    Section 226. The Committee continues a provision 
prohibiting funds made available by this Act under the heading 
``Coast Guard--Operations and Support'' for recreational vessel 
expenses, except to the extent fees are collected from owners 
of yachts and credited to this appropriation.
    Section 227. The Committee continues and modifies a 
provision allowing for reprogramming authority within ``Coast 
Guard--Operations and Support''.
    Section 228. The Committee continues a provision requiring 
submission of a future-years capital investment plan for the 
Coast Guard.
    Section 229. The Committee continues provision related to 
the reallocation of funds for certain overseas activities.
    Section 230. The Committee continues a provision allowing 
for use of the Coast Guard Housing Fund.
    Section 231. The Committee continues a provision allowing 
the Secret Service to obligate funds in anticipation of 
reimbursement for personnel receiving training.
    Section 232. The Committee continues a provision 
prohibiting funds made available to the Secret Service from 
being used for the protection of the head of a federal agency 
other than the Secretary of Homeland Security, except when the 
Director has entered into a reimbursable agreement for such 
protection services.
    Section 233. The Committee continues a provision allowing 
the reprogramming of funds within ``United States Secret 
Service--Operations and Support''.
    Section 234. The Committee continues a provision allowing 
for funds made available for ``United States Secret Service--
Operations and Support'' to be available for travel of 
employees on protective missions without regard to limitations 
on such expenditures in this or any other Act after 
notification to the Committees on Appropriation.
    Section 235. The Committee includes a new provision 
allowing for the use of funds for family reunification 
purposes.
    Section 236. The Committee includes a new provision related 
to towing vessel fees.

      TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY


            Cybersecurity and Infrastructure Security Agency


 
 
 
Appropriation, fiscal year 2021.......................    $2,024,976,000
Budget request, fiscal year 2022......................     2,133,630,000
Recommended in the bill...............................     2,422,348,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +397,372,000
    Budget request, fiscal year 2022..................      +288,718,000
 

                                MISSION

    The Cybersecurity and Infrastructure Security Agency (CISA) 
is responsible for enhancing the security of the nation's 
physical and cyber infrastructure and interoperable 
communications systems; safeguarding and securing cyberspace; 
and strengthening national preparedness and resilience.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2021.......................    $1,662,066,000
Budget request, fiscal year 2022......................     1,691,520,000
Recommended in the bill...............................     1,927,750,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +265,684,000
    Budget request, fiscal year 2022..................      +236,230,000
 

    The recommendation includes increases above the request 
totaling $236,230,000, including $170,752,000 for the 
Cybersecurity Division; $21,137,000 for the Infrastructure 
Security Division; $1,000,000 for the Emergency Communications 
Division; $17,100,000 for integrated operations; $10,200,000 
for Risk Management Operations; $13,014,000 for Stakeholder 
Engagements and Requirements; and $3,027,000 for Mission 
Support. Of the total amount provided for this account, 
$28,293,000 is available until September 20, 2023, for the 
National Infrastructure Simulation Analysis Center (NISAC).
    The Committee is pleased with the progress towards 
providing more details in CISA's budget justification 
materials, specifically the details at the PPA level at which 
Congress allocates funding. However, more information is needed 
to better understand the full scope of the planned program 
activities, strategic outlook, and planning assumptions for 
CISA's acquisition programs, especially the Continuous 
Diagnostics and Mitigation (CDM) and the National Cybersecurity 
Protection System (NCPS) programs. Without such information, 
Congress lacks necessary information to make strategic funding 
decisions and understand the timelines associated with efforts 
to mitigate cybersecurity, infrastructure security, and 
emergency communications risks and vulnerabilities.
    Additionally, CISA is directed to continue to provide the 
quarterly spend plan and hiring briefings required by the 
explanatory statement accompanying the Department of Homeland 
Security Appropriations Act, 2021, (Public Law 116-260), to be 
updated for the funding provided in the American Rescue Plan 
Act of 2021, (Public Law 117-2) (ARPA), and the new initiatives 
funded in this Act. Further, the Committee looks forward to 
receiving the briefings on the infrastructure security mission 
and the national critical functions required by the explanatory 
statement accompanying the Department of Homeland Security 
Appropriations Act, 2021, (Public Law 116-260).

                             CYBER SECURITY

    Capabilities to Nullify Cyber Attacks.--Not later than 180 
days after the date of enactment of this Act, CISA shall issue 
a Request for Information (RFI) from private sector providers, 
universities, and Department of Defense entities to identify 
existing software solutions for nullifying cybersecurity 
attacks before they infect systems and cause damage. Not later 
than 210 days after the date of enactment of this Act, CISA 
shall brief the Committee on the results of the RFI and the 
feasibility of using such programs to support CISA missions.
    Civilian CyberCorps.--The Committee supports CISA's efforts 
to partner with the National Science Foundation (NSF), the 
Department of Defense, and the Office of Personnel Management 
to establish a plan to recruit, train, and educate personnel; 
shift military veterans into federal service upon discharge 
from active duty or engage reservists in civilian cyber 
workforce roles; manage digital careers; and set standards for 
digital workforce qualifications. This CyberCorps workforce 
model should build on the NSF's Scholarship for Service 
program. Not later than 120 days after the date of enactment of 
this Act, CISA shall brief the Committee on progress towards 
the development of this plan, to include anticipated resources 
needed to expand the ranks of federal civilian cyber 
professionals.
    Cyber Defense Education and Training Program (CDET).--The 
Committee provides an increase above the request of $11,800,000 
to support CDET, of which $5,000,000 is to further expand the 
Federal Cyber Reskilling Academy and $6,800,000 is for 
sustaining fiscal year 2021 investments in cybersecurity 
education programs targeting the Kindergarten through 12th 
grade (K-12) community, including the Cybersecurity Education 
and Training Assistance Program (CETAP). CISA is encouraged to 
support a mix of geographically diverse individual higher 
education institutions, including in non-contiguous states, 
that are focused on connecting K-12 learners and environments 
with post-secondary education and resources.
    The Committee notes that once again, education and training 
programs for the non-federal workforce were not funded in the 
President's budget request. CISA is directed to work in 
collaboration with OMB and other agencies as needed to develop 
a strategy for addressing these requirements in future budget 
requests and to brief the Committee not later than 15 days 
after the date of submission of the fiscal year 2023 budget 
request regarding such strategy.
    Cyber Directives Management.--In support of requirements 
and anticipated workload in executing the Executive Order on 
Improving the Nation's Cybersecurity, May 12, 2021 (EO 14028), 
the recommendation includes an increase of $1,850,000 above the 
request to expand CISA's capacity for directives development 
and enforcement.
    Cyber Workforce Support from the Department of Defense.--
The Committee recognizes the dramatic increase in cybersecurity 
engagements, intrusions, and demands requested of America's 
federal cybersecurity professionals and is concerned about the 
nation's vulnerability to future and more widespread and 
damaging breaches. CISA is encouraged to maximize the use of 
its statutory hiring authorities, including section 1650 of the 
fiscal year 2019 National Defense Authorization Act, to help 
address its growing mission space, particularly with regard to 
intrusions involving foreign adversaries.
    Cybersecurity Briefings.--The Committee directs CISA to 
continue providing semiannual briefing on the NCPS and CDM 
programs, as described in House Report 116-180.
    Cybersecurity Information Sharing and Coordination in 
Ports.--In division J of Public Law 115-254, Congress directed 
DHS to develop and implement a maritime cyber security risk 
model and make recommendations on enhancing the sharing of 
cybersecurity information. The Committee directs the CISA and 
the Coast Guard to brief the Committee, not later than 90 days 
after the date of enactment of this Act, on the steps taken to 
fulfill these requirements and on current risks and challenges 
for port security.
    Cybersecurity Shared Services Office.--Through the 
Cybersecurity Shared Services Office, CISA serves as the 
Quality Services Management Office for federal cybersecurity. 
To continue to support efforts to make strategic cybersecurity 
services available to federal agencies through this office, the 
recommendation includes $17,672,000, as requested.
    Data Security Resilience.--The Committee is increasingly 
concerned with the ability of adversaries to circumvent and use 
existing cybersecurity solutions to gain access to critical 
systems and data. The Committee directs the Secretary to submit 
a report to the Committee, not later than 180 days after the 
date of enactment of this Act, that examines existing security 
vulnerabilities of government IT systems. The report shall 
include an examination of emerging technologies that could 
improve the government's data security and protection, such as 
data shielding and immutable logging of suspect activity, 
instant threat and anomaly detection mechanisms, and user 
behavior analytics.
    Joint Cyber Planning Office (JCPO).--The recommendation 
includes not less than $36,723,000 for the JCPO, $26,153,000 
above the fiscal year 2021 enacted level and $16,153,000 above 
the request. This additional investment is intended to help 
support the development and exercise of defensive cybersecurity 
campaign plans in conjunction with interagency partners and 
critical infrastructure owners and operators, consistent with 
subtitle A of title XXII of the Homeland Security Act of 2002 
as amended by section 1715 of the William M. (Mac) Thornberry 
National Defense Authorization Act for Fiscal Year 2021 (FY21 
NDAA). Funding will be used to hire personnel; reimburse the 
cost of personnel detailed to the JCPO from other federal 
agencies; and support cyber defense collaboration among 
federal, SLTT, and private sector partners through the 
development of a common operating picture. In coordination with 
the Cyber Safety Review Board called for by EO 14028, the 
funding is also intended to establish a robust analytic 
capability for examining current plans and prior cyber 
incidents for lessons learned and best practices that can 
inform future cyber defense plans.
    The JCPO shall also develop incident response playbooks, in 
coordination with the National Cyber Director and in 
furtherance of EO 14028. Key lessons learned from CISA's work 
coordinating protection of health care assets tied to vaccine 
development and distribution should inform work on priority 
areas of defensive campaign planning, such as election security 
and ransomware. The Committee expects CISA to collaborate with 
industry partners and interagency components, including the FBI 
and Department of Justice; Sector Risk Management Agencies; the 
National Security Agency Cybersecurity Directorate; the 
National Institute of Standards and Technology; and the State 
Department in developing campaign plans tailored to areas of 
high cybersecurity risk.
    Further, as directed by section 1731 of the FY21 NDAA, the 
Secretary is required to submit a report on ``Federal 
cybersecurity centers and the potential for better coordination 
of Federal cybersecurity efforts at an integrated cybersecurity 
center within the Cybersecurity and Infrastructure Security 
Agency.'' CISA is directed to provide this report to the 
Committee, along with the details of any plans regarding the 
establishment of such a center.
    Monitoring Internet-facing Attack Surfaces.--Department of 
Defense (DoD) internet operations management capabilities, as 
outlined in the ``Department of Defense network external 
visibility'' report required by the FY21 NDAA, enable 
continuous discovery, monitoring, and management of DoD 
Internet-facing systems and assets. Unlike DoD, CISA remains 
heavily-dependent on manual self-reporting for situational 
awareness of internet-facing attack surfaces, creating a 
fractured and inaccurate snapshot of vulnerabilities in the 
Federal civilian cybersecurity ecosystem. Therefore, not later 
than 180 days after the date of enactment of this Act, CISA 
shall brief the Committee on its existing attack surface 
management capabilities and its plan to enhance the visibility 
of department and agency network activity and vulnerabilities 
with state-of-the-art technologies, including assessments of 
both government-developed technologies and commercially-
available solutions.
    Multi-State Information Sharing and Analysis Center (MS-
ISAC).--The recommendation includes $37,714,000, an increase of 
$10,700,00 above the request, to sustain and expand the 
program's capabilities and expertise, to include SLTT election 
security support via the Election Infrastructure Information 
Sharing and Analysis Center; endpoint detection and response; 
malicious domain activity blocking and reporting; expansion of 
the MS-ISAC cyber incident response team and its capabilities; 
a National Prevention Pilot to provide an unclassified Unified 
Threat Management service for election and SLTT partners; and 
improving threat intelligence and data retention and storage 
capabilities. Not later than 90 days after the date of 
enactment of this Act, and quarterly thereafter, CISA and the 
MS-ISAC shall brief the Committee on an obligation and 
expenditure plan for fiscal year 2022, including a schedule of 
planned obligations; hiring actions; anticipated milestones; 
and the use of carryover balances.
    Strengthening Federal Networks.--The recommendation 
includes an increase of $700,000 to support activities 
authorized by section 1705 of the fiscal year 2021 NDAA to 
assist federal agencies with post-incident containment, 
eradication, and recovery activities. The federal response to 
the SolarWinds campaign reflected areas for needed maturation 
in the civilian enterprise's ability to thoroughly respond to 
incidents through remediation. This need was further supported 
by EO 14028, which directed CISA to assume a more active role 
ensuring agencies' progress and completion through all phases 
of an incident response.
    Threat Hunting.--The recommendation includes an increase of 
$24,000,000 above the request to increase cyber defensive 
operations in support of federal civilian agencies and non-
federal networks, including SLTT governments and other critical 
infrastructure operators. CISA is encouraged to establish 
emulation capabilities to better understand complex 
adversaries, identify breaches earlier in a campaign, and 
otherwise disrupt malign activity more quickly once a 
compromise is uncovered. This additional funding is also 
intended to bolster CISA's capacity to quickly issue proactive 
guidance based on intelligence and learned behaviors after the 
positive identification of a compromise.
    Voluntary Threat Detection Programs.--The recommendation 
includes an increase above the request of $95,549,000 for 
CyberSentry and other efforts focused on voluntary threat 
detection by critical infrastructure operators through the 
placement of sensors at the boundary between operational 
technology and information technology systems. Funds will be 
used for additional personnel; the procurement and installation 
of sensors; system integration support; and contractor support 
for coordinating with participating organizations.
    Vulnerability Management Infrastructure.--The Committee 
recognizes that as the number of networked devices across 
cyberspace has increased exponentially, so has the number of 
identified and reported vulnerabilities in the software and 
hardware that operates critical infrastructure globally. The 
Committee provides an increase of $10,000,000 above the request 
for the underlying infrastructure and support functions that 
enable better identification, analysis, and publication of 
known vulnerabilities and common attack patterns, including 
through the National Vulnerability Database, and to expand the 
coordinated responsible disclosure of vulnerabilities.

                        INFRASTRUCTURE SECURITY

    Bombing Prevention.--The Committee is encouraged by the 
efforts of the Office for Bombing Prevention (OBP) to address 
the proliferation and use of Improvised Explosive Devices and 
recommends $7,526,000 above the request to expand those efforts 
and continue the services provided through the Bomb-making 
Materials Awareness Program. OBP activities include critical 
Counter-Improvised Explosive Device training; information 
sharing; capability analysis; technical assistance; and 
coordination initiatives for federal, SLTT, and private sector 
partners. The Committee directs DHS to provide a plan within 
90-days of the enactment of this Act for the obligation and 
expenditure of these funds.
    JCPO Exercises.--In furtherance of section 1715 of the FY21 
NDAA, the recommendation includes an increase of $2,244,000 
above the request to support JCPO-organized cyber defense 
exercises that improve public and private sector awareness of 
JCPO planning guidance and playbooks and improve operational 
coordination to protect, detect, respond to, and recover from 
cybersecurity risks or incidents. Such exercises also provide a 
venue for increasing the collective understanding of adversary 
threats to critical infrastructure and other national targets 
of interest, along with the vulnerability of such 
infrastructure and the potential consequences of disrupting it.
    National Cyber Exercises.--In furtherance of section 1744 
of the FY21 NDAA, the recommendation includes $3,367,000 for 
the planning and execution of national cyber exercises. These 
exercises shall involve the executive branch, state 
governments, the private sector, and international partners, 
and shall include members of Congress and congressional staff 
as observers.
    Soft Targets & Crowded Places.--The Committee recognizes 
the evolving nature of terrorist threats and commends the 
Department's prioritization of defending soft targets and 
crowded places, which are at particular risk for terrorist 
attacks and targeted violence, and recommends $8,000,000 to 
continue CISA's efforts in this area. The Committee instructs 
S&T to test and evaluate existing, commercially available 
technologies that will enhance security for public gathering 
venues in a way that is scalable and cost-effective. DHS shall 
focus on integrated hardware and software solutions that 
enhance the security posture of these venues through 
monitoring, early-warning and alerting, and advanced analytics. 
DHS is also encouraged to focus on solutions that enhance the 
security posture of soft targets and crowded places in a way 
that minimizes the need for physical changes to these spaces 
and protects individual privacy.

                        EMERGENCY COMMUNICATIONS

    First Responder Emergency Medical Communications.--The 
Committee is aware of CISA support for merit-based 
demonstration projects for the benefit of SLTT governments and 
implementation of the National Emergency Communications Plan. 
The Committee encourages continued pursuit and nationwide 
expansion of these efforts to identify innovations in the forms 
of enhanced governance, curriculum development, training and 
exercises, and supplies for improving rural medical care 
through emergency communications.
    Next Generation Networks (NGN) Priority Services (PS).--The 
Committee provides an increase of $1,000,000 above the request 
for additional support staff required to accelerate development 
and deployment of NGN-PS Phase 2 video, data, and information 
services.

                         INTEGRATED OPERATIONS

    Security Advisors (SA).--The recommendation includes an 
increase of $17,100,000 above the request to increase the 
number of SAs and other regional staff needed to help support 
CISA's regional operations. The Committee recognizes the 
workload in this critical area is expanding and additional 
resourcing is required to expand regional capacity to provide 
security and risk mitigation services.
    Not later than 90 days after the date of enactment of this 
Act, CISA shall report on the strategy and implementation plan 
for expanding regional capacity, to include a workload staffing 
model detailing the resourcing for Cyber Security Advisors , 
Physical Security Advisors, Chemical Inspectors, and other 
regional support staff. As part of the model, CISA shall 
consider whether the regional staffing requirements would 
benefit from introducing or increasing discipline-specific 
specialists.

                       RISK MANAGEMENT OPERATIONS

    Continuity of the Economy Plan.--The recommendation 
provides an increase of $200,000 above the request for 
activities in furtherance of section 9603 of the FY21 NDAA 
related to the development of a Continuity of the Economy Plan.
    Cybersecurity Insurance and Data Analysis Working Group.--
CISA is directed to create a public-private working group to 
help develop frameworks and models for understanding and 
pricing cyber risk and to identify areas of interest for 
pooling public and private sector data that can inform better, 
more accurate risk models to be used for national security and 
critical infrastructure risk governance purposes.
    Critical Infrastructure Risk Analysis.--The Committee 
encourages the NISAC, in coordination with other parts of DHS, 
to develop methodologies, models, analytic tools, and 
simulations for characterizing risk to critical infrastructure 
and the associated National Critical Functions and informing 
the prioritization efforts of the federal preparedness 
enterprise. This will lay the foundation for the development of 
a Risk Architecture, which is a network of functional and 
physical systems and elements that enable the identification of 
cascading consequences from all relevant cyber and physical 
threats and hazards, including pandemics, natural disasters, 
extreme weather exacerbated by climate change, and cyber-
attacks. The Committee directs the Department, not later than 
180 days after the date of enactment of this Act, to provide a 
briefing on the modeling and simulation tools NISAC develops to 
inform critical infrastructure risk analysis and any 
recommendations of how modeling, and simulation capabilities 
could be further improved.
    Election Security.--Recognizing the important role CISA 
plays in election security, the Committee encourages the agency 
to continue strengthening its partnerships within the election 
infrastructure subsector. To address the persistent problem of 
election-related misinformation, disinformation, and 
malinformation targeting Black voters and other communities of 
color, the Committee urges CISA to engage the expertise of 
relevant civil rights organizations in developing resources and 
strategies for increasing the resilience of communities of 
color, non-English speakers, and other targeted communities 
against such attempts at manipulation.
    National Critical Functions (NCFs) Analytic Capability.--
The recommendation includes an increase of $10,000,000 above 
fiscal year 2021 levels to develop a long-term analytic 
capability to evaluate evolving strategic risks to NCFs from 
the compromise of critical infrastructure over a 5- to 25-year 
timespan. The National Risk Management Center is directed to 
brief the Committee not later than 120 days after the date of 
enactment of this Act on a plan of action and milestones for 
the increased investment in this capability, including a budget 
and hiring plan.
    National Risk Management Center (NRMC).--The NRMC has the 
potential to provide critical analysis of cross sector risks 
and interdependencies to inform more strategic security 
investments by both the public and the private sectors. When 
the NRMC was established in 2018, its work was driven by a 
targeted series of ``sprints,'' many of which are ongoing. 
Some, such as the Pipeline Security Initiative and the Election 
Security Initiative, have derivatives which are operational in 
nature, but unfortunately have not been transitioned to an 
operational division within CISA. The Committee is also 
concerned that the retention of operational programs at the 
NRMC is blurring its mission and stifling its ability to take 
on new analytic projects. CISA is therefore directed to submit 
an NRMC strategy, not later than 180 days after the date of 
enactment of this Act, for transitioning analytic models with 
operational uses to other CISA divisions and for identifying 
new analytic priorities. The strategy shall include any budget 
considerations affecting the transition of these capabilities 
out of the NRMC.
    Small Manufacturing Cybersecurity Support.--The Committee 
encourages CISA to explore opportunities to partner with the 
Under Secretary of Defense for Acquisition and Sustainment, the 
National Institute for Standards and Technology, and the 
Manufacturing Extension Partnership (MEP) Centers--particularly 
MEPs designated as Defense Manufacturing Communities--to 
leverage expertise and help small manufacturers enhance the 
protection of controlled unclassified information within the 
supply chain, respond quickly to crippling cyber-attacks and 
theft of intellectual property, and prepare small manufacturing 
clients for Cybersecurity Maturity Model Certification. The 
Committee also encourages CISA to assist MEPs in establishing 
priorities for their cybersecurity risk management initiatives.
    Supply Chain Security.--The Committee is concerned about 
recent cyber-attacks on critical industries and related 
infrastructure, which threaten critical U.S. supply chains and 
directs CISA, through the NRMC, to continue engaging in public-
private partnerships and collaborate directly with industry 
partners on supply chain risk management projects. Such 
projects should include developing Supply Chain Risk Management 
templates that enhance vendor and customer entity trust, 
transparency, and assurance practices, as well as assist in 
informed decision-making about acceptable risk exposure.
    CISA should continue investing in capabilities that enable 
it to assess vital supply chains on a real-time basis for 
potential bottlenecks and chokepoints that could potentially 
impede supply delivery. Such activities will help both CISA and 
industry partners identify and understand systemic 
vulnerabilities and weaknesses in order to reduce the impact of 
cyber-attacks. In addition, building on the work that CISA has 
developed around the National Critical Functions and their 
corresponding supply chains, the agency can further develop its 
end-to-end mapping of these functions and the interdependencies 
that exist between each function, in order to build resilience.
    Threats of Extreme Weather Events to Cybersecurity 
Infrastructure.--The Committee understands that extreme weather 
events present an ever-growing challenge to protecting 
cybersecurity infrastructure systems, most prominently 
information and communications technology systems. In a 2015 
best practices and procedures report, the Interagency Security 
Committee prioritized necessary enhancements and protections of 
federal facilities against weather related threats but noted 
that more localized information was needed to accurately assess 
regional nonmilitary federal facilities. The Committee directs 
CISA to provide regular briefings on the implementation of an 
overall strategy to address extreme weather risks to 
cybersecurity infrastructure, including a focus on regional 
challenges and strategies for engagement with private industry 
and state local government to balance security and resiliency.

                STAKEHOLDER ENGAGEMENT AND REQUIREMENTS

    Cyber Safety Review Board (CSRB).--In support of EO 14028, 
the recommendation includes an increase of $2,893,000 to 
establish the CSRB. Not later than 120 days after the date of 
enactment of this Act, CISA shall brief the Committee on its 
progress toward establishing the board in accordance with the 
executive order, including the details about the composition of 
its membership; the recommendations required by subsection 5(d) 
of the order; and an update on any incidents it is reviewing 
and assessing.
    Cybersecurity Advisory Committee.--The recommendation 
includes an increase of $1,450,000 to support the establishment 
of the Cybersecurity Advisory Committee, pursuant to section 
1718 of the FY21 NDAA.
    Enhanced Awareness Campaigns.--The recommendation includes 
an increase of $4,125,000 above the request to expand and 
evolve existing outreach and awareness effort that increase the 
public's understanding of critical infrastructure issues, 
risks, and threats, and to drive meaningful, demonstrable 
change in safety and security behaviors.
    Sector Risk Management Agencies.--CISA is the Sector Risk 
Management Agency (SRMA) for the Chemical; Commercial 
Facilities; Communications; Critical Manufacturing; Dams; 
Emergency Services; Information Technology; and Nuclear 
Reactors, Materials, and Waste sectors. Accordingly, the 
recommendation includes an increase of $4,546,000 above the 
request for activities carried out in furtherance of the 
authorities and added requirements established in section 9002 
of the FY21 NDAA for the management of these eight sectors. In 
order to better support coordination of SRMAs across the 
federal government, the Committee urges CISA to consider 
personnel increases to support the cultivation of sector-
specific expertise within the agency, including and extending 
beyond the eight sectors for which CISA serves as the SRMA. 
These may include temporary and advisory positions, additional 
full-time employees, and reimbursement for personnel on detail 
from other departments and agencies, where authorized.
    SLTT Resilience Technical Assistance.--The Committee 
continues to be concerned by the increasing prevalence of 
cyber-attacks on SLTT governments, including ransomware 
attacks. The recommendation supports the requested increase of 
$4,000,000 above fiscal year 2021 funding levels to establish a 
capability to advise and support FEMA's preparedness grant 
programs, as well as provide guidance and support to SLTT 
partners. The Committee strongly supports the Secretary's 
decision to increase the percentage of preparedness grant 
funding focused on cybersecurity from 5% to 7.5% in fiscal year 
2021. The Committee directs CISA to continue to work with 
appropriate stakeholders on the development and promotion of 
cybersecurity plans that could be adopted or modified for 
adoption by SLTT governments. Not later than 15 days after the 
date of submission of the fiscal year 2023 budget request, CISA 
is directed to brief the Committee on its SLTT technical 
assistance efforts, as well as its current understanding of the 
threats to SLTT cybersecurity, known vulnerabilities, and an 
assessment of SLTT capability gaps.

                            MISSION SUPPORT

    Mission Support Requirements.--Due to concerns about 
operational impacts to CISA's management and oversight 
functions, many of which were previously administered by DHS 
headquarters offices, the Committee rejects the proposed 
$2,177,000 reduction intended to achieve undefined 
administrative efficiencies. In addition, the recommendation 
includes $850,000 above the request to accelerate the 
development and implementation of policies and procedures 
necessary for CISA to assume responsibility for personnel 
security and suitability vetting of potential CISA personnel 
and contracted personnel. A smooth and timely transfer of this 
responsibility from the Department's Office of the Chief 
Security Officer will position CISA to fill existing vacancies 
and build the robust trusted workforce necessary to support its 
expanding roles and operations more efficiently. However, the 
Committee encourages to CISA to review its processes and use of 
resources throughout the entire organization to identify any 
overlapping capabilities and other opportunities to streamline 
operations and to identify such efficiencies in future 
requests, with a clear articulation of how such efficiencies 
will be achieved without impacting operational needs.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2021.......................      $353,479,000
Budget request, fiscal year 2022......................       418,179,000
Recommended in the bill...............................       467,167,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +113,688,000
    Budget request, fiscal year 2022..................       +48,988,000
 

                             CYBER SECURITY

    Continuous Diagnostics and Mitigation Program (CDM).--The 
recommendation includes an increase of $15,988,000 above the 
request for enterprise mobility management investments to 
continue development and deployment of management and security 
tools to address the mobile device landscape across the Federal 
Civilian Executive Branch (FCEB) agencies.
    The Committee notes that part of the funding provided to 
CISA in the American Rescue Plan Act of 2021 (ARPA) will be 
used to establish a Federal Enterprise Improvement Team (FEIT) 
to provide tailored improvement planning and assistance to FCEB 
agencies regarding their cybersecurity posture and in support 
of efforts to implement specific policy requirements and 
cybersecurity programs and capabilities.
    While the Committee recognizes that significant work 
remains to increase the FCEB's cybersecurity posture, it lacks 
detailed, agency-specific plans outlining the full scope of 
known CDM-related requirements that the program is aiming to 
address. Without this full picture of the desired cybersecurity 
end-state, Congress lacks the visibility it needs to oversee 
the management of cybersecurity risks and vulnerabilities 
across FCEB and determine the level of required resources. A 
new administrative provision is included in the bill that 
directs CISA to provide such information to the Committee, 
including the Subcommittee on Homeland Security and the 
subcommittees with funding jurisdiction over each federal 
agency. The bill also includes a withholding of funds until the 
plan is submitted.

                        EMERGENCY COMMUNICATIONS

    NGN-PS.--The Committee recognizes the urgent need to 
accelerate development and deployment of communications 
capabilities to keep pace with commercial carriers as they 
upgrade their networks and services and recommends an increase 
of $33,000,000 above the request to accelerate development and 
deployment of NGN-PS Phase 2 video, data, and information 
services. This enhancement will support the addition of 
priority voice capabilities to support all levels of decision 
making, from senior leadership to first responders, with real-
time information to prevent, protect, and preserve human life, 
critical infrastructures, and property from acts of terrorism 
and natural disasters.
    The Committee is aware that a more rapid deployment of 
communications upgrades may introduce risk into the 
acquisitions process, which was designed to ensure effective 
and efficient program management. Not later than 90 days after 
the date of enactment of this Act, CISA is directed to provide 
a briefing to the Committee on an updated NGN-PS acquisition 
plan and deployment schedule that includes a risk mitigation 
strategy for an accelerated acquisition pace.

                        INFRASTRUCTURE SECURITY

    CISA Gateway Enterprise Data Platform.--The Committee 
directs CISA to provide a briefing on the modernization of the 
CISA Gateway system not later than 120 days after the date of 
enactment of this Act. The briefing shall address how system 
modernization will optimize the efficient use of data, 
available tools, and technology; and how modernization efforts 
will result in enhanced interoperability and data integration, 
optimized collection and use of data, development of mission-
specific technology solutions, and promotion of closer 
collaboration with CISA stakeholders and partners. The briefing 
shall also include a description of the desired end-state of 
the acquisition program and a projected schedule for the 
development and deployment of those requirements.

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2021.......................        $9,431,000
Budget request, fiscal year 2022......................         3,931,000
Recommended in the bill...............................         7,431,000
Bill compared with:
    Appropriation, fiscal year 2021...................        -2,000,000
    Budget request, fiscal year 2022..................        +3,500,000
 

                         INTEGRATED OPERATIONS

    Technology Development and Deployment Program.--The 
recommendation includes $3,500,000 above the request for the 
Technology Development and Deployment Program.

                    CYBER RESPONSE AND RECOVERY FUND

 
 
 
Appropriation, fiscal year 2021.......................             - - -
Budget request, fiscal year 2022......................       $20,000,000
Recommended in the bill...............................        20,000,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +20,000,000
    Budget request, fiscal year 2022..................             - - -
 

    The recommendation includes $20,000,000 for the 
establishment of a Cyber Response and Recovery Fund (CRRF), as 
requested. Funds shall be used to augment or scale up 
government asset response efforts, including through 
reimbursement to federal agencies for services provided in 
support of non-federal public and private critical 
infrastructure in response to a significant cyber incident when 
the President has determined additional resources are needed. 
Funded asset response activities may include:
          (1) furnishing technical and advisory assistance, 
        technology, or capabilities to entities affected by a 
        cyber incident to protect their assets, mitigate 
        vulnerabilities, and reduce the related impacts;
          (2) identifying other entities that may be at risk 
        from the significant cyber incident and assessing their 
        risk from the same or similar vulnerabilities where 
        necessary to respond to or recover from the significant 
        cyber incident; assessing potential risks to the sector 
        or region, including potential cascading effects, and 
        developing courses of action to mitigate these risks 
        where necessary to respond to or recover from the 
        significant cyber incident;
          (3) facilitating information sharing and operational 
        coordination with threat response where necessary to 
        respond to or recover from the significant cyber 
        incident; and
          (4) providing guidance on how best to utilize federal 
        resources and capabilities in a timely, effective 
        manner to speed recovery.
    An administrative provision is included in the bill 
requiring frequent reporting of the activities funded by this 
account. Further, the Committee reminds CISA of the requirement 
for DHS pilot programs established in section 107 of the bill 
and looks forward to receiving the required information prior 
to the obligation of any funds. CISA is also directed to work 
with FEMA to ensure that each agency's separate response and 
recovery roles are clearly defined and to provide the Committee 
a briefing on such roles by not later than 60 days after the 
date of enactment of this Act, including any legislative 
recommendations needed to clarify respective roles, potential 
impacts on current activities, and any other operational 
considerations about which the Committee should be aware in 
assessing the value of the CRRF funding mechanism. Such 
briefing shall also address strategies for assisting public 
versus non-public entities, and any unique considerations for 
assisting nonprofit versus for-profit entities.

                  Federal Emergency Management Agency


 
 
 
Appropriation, fiscal year 2021.......................   $21,910,571,000
Budget request, fiscal year 2022......................    24,270,180,000
Recommended in the bill...............................    24,023,531,000
Bill compared with:
    Appropriation, fiscal year 2021...................    +2,112,960,000
    Budget request, fiscal year 2022..................      -246,649,000
 
*Note--the amounts for each fiscal year include appropriations for the
  Radiological Emergency Preparedness program that are entirely offset
  by fee collections, which for fiscal year 2022 are estimated by CBO at
  $33,630,000.

                                MISSION

    The Federal Emergency Management Agency (FEMA) helps build, 
sustain, and improve the nation's capability to prepare for, 
protect against, respond to, recover from, and mitigate all 
hazards through disaster response, recovery, and grant programs 
supporting first responders, emergency management, mitigation 
activities, and preparedness.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2021.......................    $1,129,282,000
Budget request, fiscal year 2022......................     1,232,162,000
Recommended in the bill...............................     1,262,966,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +133,684,000
    Budget request, fiscal year 2022..................       +30,804,000
 

    The recommendation includes the following increases above 
the request: $20,000,000 for the Next Generation Warning System 
as part of the Integrated Public Alert and Warning System; 
$350,000 to administer the Alternatives to Detention Case 
Management Services Pilot grant program; $7,500,000 for 
homeland security preparedness grant evaluations; $2,350,000 to 
administer the ICE Noncustodial Migrant Shelter Grants program. 
The recommendation does not include the proposed realignment of 
$604,000 for the Office for Faith and Neighborhood Partnerships 
from FEMA to the Office of Partnership and Engagement (OPE).

                               MITIGATION

    Chief Resilience Officer.--The Committee is aware that six 
states have designated a Chief Resilience Officer (CRO) to 
coordinate planning and response activities associated with 
flooding, sea level rise, and severe storm risk. The Committee 
expects FEMA to continue to coordinate with the existing state 
CROs in addition to all of FEMA's SLTT partners to identify 
opportunities for collaboration, create new efficiencies in 
federal-state relations, and identify how new or existing 
federal funding and other resources, including non-federal 
resources, may be used to develop state-wide resilience master 
plans. FEMA should also work with other states that are 
beginning to take the lead on resilience by creating agencies, 
offices, or positions specifically tasked with overseeing large 
adaptation projects, proactively incorporating resilience into 
old and new infrastructure, and coordinating across agencies. 
To the extent possible, existing programs and initiatives 
should be leveraged to include resilience and adaptation in 
lieu of creating entirely new programs or initiatives that 
would run in parallel with but be disconnected from existing 
state programs.
    Hazard Mitigation Natural Infrastructure.--The Committee is 
aware that rehabilitation or establishment of natural 
infrastructure, including marshes, wetlands, mangroves, and 
dunes can improve resiliency, reducing damage from flooding and 
coastal storm surges and leading to more effective floodplain 
management. Such natural infrastructure can also have long-term 
beneficial impacts on topography and soils, water quality, 
wetland health, floodplains, coastal resources, aquatic 
resources, environmental justice, and public health and safety 
in coastal areas. In addition environmental mitigation measures 
offer both aesthetic and recreational value.
    The Committee urges FEMA to continue to coordinate with the 
Department of Agriculture, Environmental Protection Agency 
(EPA), National Oceanic and Atmospheric Administration, and 
U.S. Army Corps of Engineers, as well as state, local, and 
tribal governments and business and non-profit stakeholders, on 
developing and supporting conservation and environment-based 
flood mitigation measures to reduce the impact of floods on 
communities, lives, and livelihoods, and utilize mitigation 
grant funds for natural infrastructure projects that will 
mitigate future damage.
    Increased Resilience in Energy Infrastructure Disaster 
Recovery.--The Committee expects FEMA to work with states to 
integrate energy efficiency and renewable energy into pre-
disaster mitigation projects that receive federal funding. In 
addition, FEMA's Mitigation Leadership Framework Group (MitFLG) 
and other interagency collaborations are effective existing 
mechanisms for sharing information and aligning efforts to 
integrate energy efficiency, renewable energy, and energy 
storage strategies, with results that should also benefit state 
and local stakeholders. State and local collaborations are key 
to leveraging various federal funding to integrate energy 
efficiency, renewable and energy storage into mitigation and 
resilience projects. To support effective utilization of 
federal resources, the Committee urges the development and 
sharing of actionable recommendations and best practices by 
MitFLG member departments and agencies and their planning 
components to the greatest extent possible to inform planning 
by state and local stakeholders.
    Mississippi River Resilience.--The Committee encourages 
FEMA to continue its role as an essential federal stakeholder 
with the EPA's development of the Mississippi River Restoration 
and Resiliency Strategy, as directed in House Report 116-458. 
FEMA is also directed to engage with the U.S. Geological 
Service as it hosts the Mississippi River Science Forum and to 
contribute to the proceedings as a federal agency with relevant 
scientific expertise.
    Urban Area Flooding.--In fiscal year 2020, FEMA was 
provided funding for a pilot grant program to help local 
government grants enhance the mapping of urban flooding. Within 
30 days of the date of enactment of this Act, FEMA is directed 
to brief the Committee on the results of that pilot and whether 
a more permanent program should be established.

                      PREPAREDNESS AND PROTECTION

    The recommendation includes $20,000,000 for the Next 
Generation Warning System as part of the Integrated Public 
Alert and Warning System, including up to three percent for 
administration. The Committee expects FEMA to work with the 
Corporation for Public Broadcasting to implement this program 
for public broadcasting entities, as defined in 47 U.S.C. 
397(11).
    OneResponder.--The Committee appreciates FEMA's continued 
efforts to catalog personnel capabilities within the National 
Qualification System and OneResponder. Prior to establishing a 
requirement for SLTT officials to participate in this system as 
a condition of receiving federal grant funding, FEMA shall 
brief the Committee on the rationale for adopting such a 
policy, including a description of how the agency received and 
adjudicated stakeholder input.
    In addition, because SLTT governments have the primary 
responsibility to respond to disasters and emergencies and 
their response efforts are generally more cost effective, FEMA 
is encouraged to use federal deployments through OneResponder 
as a backup resource for when Emergency Management Assistance 
Compact (EMAC) deployments will not be sufficient to fully 
respond to a disaster. FEMA shall brief the Committee on plans 
and procedures for federal deployments through OneResponder 
prior to implementing this new capability.

                          REGIONAL OPERATIONS

    The Committee recommends the requested funding for a pilot 
for Regional Assessment Teams in two regions consistent with 
the findings from FEMA's COVID-19 Initial Assessment Report.

                         RESPONSE AND RECOVERY

    Urban Search and Rescue.--The Committee recommends the 
requested funding level for the Urban Search and Rescue 
Response System (USAR) to fully support the 28 USAR Task 
Forces, including resources to recapitalize critical 
communications equipment necessary to conduct life-saving 
search and rescue operations and to sustain swift water and 
chemical, biological, radiological, and nuclear rescue 
operations.

                            MISSION SUPPORT

    Faith and Neighborhood Partnerships.--The Committee rejects 
the proposed realignment of funding for the Office of Faith and 
Neighborhood Partnerships from FEMA to the DHS Office of Public 
Engagement, which would require explicit statutory authority. 
The requirement for such authority comes from the Post Katrina 
Emergency Management Reform Act of 2006 (Title VI of Public Law 
109-295) and section 506 of the Homeland Security Act (6 U.S.C. 
316), which were enacted as a result of previous efforts to 
remove FEMA functions.
    Information Technology (IT) Systems.--The Committee 
recognizes the vital function of independent verification and 
validation (IV&V) of IT systems and processes by third party 
experts to eliminate waste, fraud, and abuse and directs the 
Chief Information Officer (CIO) to prioritize IV&V in complying 
with the intent of Congress in the Federal Information 
Technology Acquisition Act. In addition, acquisition program 
baselines should include appropriate funding to support IV&V 
work. The Committee further directs the CIO to establish 
effective, independent IT oversight, such as through 
independent government personnel or through a contractor to 
validate whether contract requirements are met. Within 120 days 
of the date of enactment of this Act, FEMA shall brief the 
Committee on its IV&V approach and any implementation 
shortfalls.
    Preparedness Grant Evaluations.--The request proposed a new 
administrative provision that would have authorized FEMA to 
transfer up to one percent of State Homeland Security Program 
(SHSP) and Urban Area Security Initiative (UASI) grant funding 
to O&S to conduct evaluations of grants awarded through those 
programs. The Committee rejects the proposed transfer of funds 
and instead recommends a direct appropriation through O&S of 
$7,500,000 for such evaluations. FEMA shall brief the 
Committee, within 45 days of the date of enactment of this Act, 
on a plan for the use of these funds.
    In addition, the plan shall include requirements for FEMA 
to report on authorized equipment and a requirement for grant 
recipients to report whether any deaths or injuries have 
resulted from the use of any grant funded equipment, supplies 
or materials as well as surveillance technology is acquired or 
used with grant funds and how grant recipients are providing 
appropriate safeguards for the protection of privacy and civil 
liberties.
    Tribal Mutual Aid.--The nation's emergency management 
system should ensure a level of disaster response support to 
tribes at least at the level provided to states, territories 
and local governments. Within 90 days of the date of enactment 
of this Act, FEMA shall brief the Committee on existing mutual 
aid resources available to tribes; how those resources are 
currently utilized; and suggestions for improvements or 
necessary changes, including changes to procedures, policies or 
laws. The briefing should be informed by consultation with 
tribes and address how current systems and agreements, such as 
EMAC and existing tribal-state agreements are currently 
providing such assistance or can be modified to do so.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2021.......................      $105,985,000
Budget request, fiscal year 2022......................       188,212,000
Recommended in the bill...............................       188,212,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +82,227,000
    Budget request, fiscal year 2022..................             - - -
 

    Financial Systems Modernization (FSM).--The current FEMA 
financial management system utilizes an older IT application 
that is unable to accommodate many new and emerging 
requirements. This raises risks of non-compliance with 
requirements and audit findings, introduces security 
vulnerabilities, requires significant manual processes, and 
perpetuates poor reporting functionality. These shortcomings 
also lead to increased costs, capability gaps from unmet 
requirements, technical obsolescence, risks not adequately 
addressed through internal controls, and reduced 
responsiveness. FEMA's FSM project is intended to eliminate 
these legacy deficiencies and system gaps by replacing Web 
IFMIS, the agency's core financial system, and the supporting 
Payment and Reporting System (PARS) with a modern Enterprise 
Resource Planning (ERP) solution.
    A good example of the current problem is the process for 
reimbursing state and local governments and utilities, which 
can produce multiple, inconsistent estimates over time due to 
high turnover of personnel, inconsistent guidelines, 
inconsistent staff advice, in combination with the inefficiency 
of the legacy financial management system. The Committee is 
aware of concerns that such deficiencies may be leading to the 
potentially inaccurate claw back of reimbursements, leading 
some private sector contractors involved in rebuilding efforts 
on behalf of public entities to question whether FEMA can be a 
good disaster recovery partner. During the development and 
implementation of the FSM, the Committee urges FEMA to ensure 
the new reimbursement system has the capability to fairly and 
more efficiently manage reimbursements for disaster recovery 
projects and activities.

                           FEDERAL ASSISTANCE

                     (INCLUDING TRANSFER OF FUNDS)

 
 
 
Appropriation, fiscal year 2021.......................    $3,294,892,000
Budget request, fiscal year 2022......................     3,302,470,000
Recommended in the bill...............................     3,525,017,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +230,125,000
    Budget request, fiscal year 2022..................      +222,547,000
 

    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request     Recommendation
------------------------------------------------------------------------
Federal Assistance:
    Grants:
        State Homeland Security          $594,686,000       $610,000,000
         Grant Program............
            (Operation                          - - -       (90,000,000)
             Stonegarden).........
            (Nonprofit Security)..              - - -       (90,000,000)
            (Tribal Homeland        .................       (15,000,000)
             Security Grant
             Program).............
        Urban Area Security               689,684,000        705,000,000
         Initiative...............
            (Nonprofit Security)..              - - -       (90,000,000)
        Public Transportation             100,000,000        110,000,000
         Security Assistance......
            (Amtrak Security).....              - - -       (10,000,000)
            (Other-the Road Bus                 - - -        (3,000,000)
             Security)............
        Port Security Grants......        100,000,000        110,000,000
        Assistance to Firefighter         370,000,000        370,000,000
         Grants...................
        Staffing for Adequate Fire        370,000,000        370,000,000
         and Emergency Response...
        Emergency Management              355,000,000        365,000,000
         Performance Grants.......
        Flood Hazard Mapping and          275,500,000        275,500,000
         Risk Analysis Program....
        Regional Catastrophic              12,000,000         12,000,000
         Preparedness Grants......
        High Hazard Potential Dams         12,000,000         12,000,000
        Emergency Food and Shelter        130,000,000        140,000,000
        Community Project Funding.              - - -        151,916,686
                                   -------------------------------------
            Subtotal, Grants......      3,008,870,000      3,231,417,000
        Terrorism and Targeted             20,000,000         20,000,000
         Violence Prevention
         Grants (by transfer).....
        Alternatives to Detention           5,000,000         15,000,000
         Case Management (by
         transfer)................
        Non-custodial Migrant                   - - -         100,00,000
         Shelter Grants (by
         transfer)................
                                   -------------------------------------
            Subtotal, Grants            3,033,870,000      3,366,417,000
             (including transfers)
    Education, Training, and
     Exercises
        Center for Domestic                67,538,000         67,538,000
         Preparedness.............
        Center for Homeland                18,000,000         18,000,000
         Defense and Security.....
        Emergency Management               22,030,000         22,030,000
         Institute................
        U.S. Fire Administration..         53,212,000         53,212,000
        National Domestic                 101,000,000        101,000,000
         Preparedness Consortium..
        Continuing Training Grants         12,000,000         12,000,000
        National Exercise Program.         19,820,000         19,820,000
                                   -------------------------------------
            Subtotal, Education,          293,600,000        293,600,000
             Training, and
             Exercises............
                                   -------------------------------------
            Total, Federal              3,302,470,000      3,525,016,686
             Assistance...........
                                   -------------------------------------
    Total, Federal Assistance          $3,327,470,000     $3,660,016,686
     (including transfers)........
------------------------------------------------------------------------

                                 GRANTS

    Aging Fire and Emergency Response Vehicles.--The Committee 
is aware that, due to funding shortfalls and the rising cost of 
firefighting vehicles, communities around the country continue 
to operate equipment well beyond their recommended replacement 
dates. In the city of Chicago, for example, 40 percent of 
firefighting engines and ladder trucks have exceeded their 
useful lifespan. Although the average fire engine in Baltimore 
is at the end of its 8-year recommended lifespan, the current 
replacement cycle there is 16 years. As new technologies are 
introduced and safety standards evolve, it is critical that 
fire companies and emergency response teams have modern 
vehicles to help them protect the health and safety of the 
public from fire and other hazards. The Committee encourages 
FEMA to consider the replacement of fire and emergency response 
vehicles as a priority in establishing criteria for awards 
under the Assistance to Firefighter Grants program.
    Assistance to Firefighter Grants.--Recognizing the economic 
and operational hardships caused by the current pandemic, an 
administrative provision is included the bill to allow FEMA to 
waive the matching and maintenance of expenditure provisions 
for the Assistance to Firefighter Grants program. The Committee 
expects that the Administrator will use the discretion granted 
in section 313 of the bill as much of possible to relieve the 
economic and operational hardships caused by the pandemic.
    Continuing Training Grants.--The total under this heading 
includes $12,000,000 for Continuing Training Grants to support 
competitively awarded training programs to address specific 
national preparedness gaps such as cybersecurity, economic 
recovery, housing, and rural and tribal preparedness. Of this 
amount, not less than $3,000,000 shall be prioritized to be 
competitively awarded for FEMA-certified rural and tribal 
training.
    Countering Domestic Violent Extremism.--The Committee 
supports the designation of domestic violent extremism as a 
National Priority Area for the fiscal year 2021 SHSP and UASI 
Grant programs, end encourages its continued designation as a 
priority for fiscal year 2022.
    Crude Oil by Rail.--FEMA is encouraged to give high 
priority consideration to grants for planning, training, and 
equipment to firefighters who are responsible for crude oil by 
rail and ethanol by rail derailment and incident response to 
help meet the needs of our most vulnerable communities and 
first responders.
    Domestic Sourcing of Personal Protective Equipment.--When 
issuing a Notice of Funding Opportunity or updating the 
Preparedness Grants Manual for the State Homeland Security 
Grant Program or the Urban Area Security Initiative, the 
Committee directs FEMA to encourage entities receiving these 
funds to give procurement preference to and purchase directly 
from domestic manufacturers of PPE or PPE raw materials to the 
maximum practicable and allowable by law.
    High Hazard Dams.--The National Inventory of Dams lists 
91,457 dams, of which approximately 2,380 are classified as 
high hazard potential dams in poor or unsatisfactory condition. 
Recent catastrophic failures, like that of the Oroville Dam 
spillway in California in 2017 and the Edenville and Sanford 
dams in Michigan in 2020 serve as a warning about the potential 
consequences of ignoring infrastructure that no longer meets 
safety standards. The Committee recognizes that dams are 
critical infrastructure that provide water retention and 
control services, as well as ecological, economic, and energy 
benefits to nearby communities and provides $12,000,000 in 
continued funding for the High Hazard Potential Dam grant for 
technical, planning, design, and construction assistance for 
eligible dams. Within 120 days of the date of enactment of this 
Act, FEMA shall provide a briefing to the Committee on the 
effectiveness and cost-benefits of the program, as well 
recommendations for making it more effective.
    Preparedness Grant Reporting.--The Committee is aware of 
concerns that FEMA preparedness grant funding, which is 
intended to help communities prepare for and respond to 
terrorist attacks and for the dual use of those capabilities in 
responding to natural disasters,--not routine law enforcement 
activities--may also have supported controversial law 
enforcement responses to mass gathering and protest events. 
Among the eligible uses of SHSP and UASI funding are:
          (1) school hardening measures to protect against 
        active shooters;
          (2) development of preparedness plans;
          (3) emergency preparedness training, including 
        training related to under-represented, diverse 
        populations that may be more impacted by disasters;
          (4) support for state and urban area terrorism-
        related fusion centers;
          (5) Improving the physical security of critical 
        infrastructure or at-risk nonprofit organizations;
          (6) building and sustaining radiological and nuclear 
        detection capabilities;
          (7) acquisition and sustainment of critical emergency 
        supplies, including food, water, and medical equipment;
          (8) construction of communications towers;
          (9) emergency management accreditation of local 
        jurisdictions;
          (10) activities in support of achieving FEMA's 
        National Incident Management System objectives;
          (11) addressing emerging threats, such as 
        cybersecurity breaches and attacks and combatting 
        domestic extremist violence;
          (12) preparedness for community-based organizations 
        that provide a safety net for individuals 
        disproportionately impacted by disasters, including 
        food banks, homeless shelters, job training centers, 
        and cultural centers; and
          (13) Citizen Corps Whole Community Councils and 
        Community Emergency Response Teams.
    The Committee notes that the purchase of weapons, weapons 
accessories (including ammunition), and weaponized vehicles are 
not eligible costs under SHSP and UASI and directs FEMA to 
adhere to the recommendations issued pursuant to Executive 
Order 13688 to help ensure SHSP and UASI funding remains 
focused on its intended purposes.
    To improve transparency and public awareness regarding the 
use of these grants, FEMA is directed to brief the Committee, 
within 45 days from the date of enactment of this Act, on 
recommendations for how reporting by grant recipients could be 
appropriately expanded to include death or injury reporting 
related to the use of equipment, supplies, or materials 
acquired with FEMA grant funds, along with additional reporting 
on the use of surveillance technology acquired or operated with 
grant funds and the safeguards put in place by the recipient to 
protect privacy and civil liberties.
    School Safety.--School hardening measures are eligible 
activities under the UASI and SHSG programs. Funds may be used 
for bullet resistant doors and glass; hinge-locking mechanisms; 
immediate notification to emergency 911 systems; mechanisms 
that provide real time actionable intelligence directly to law 
enforcement and first responders; installation of distraction 
devices or other countermeasures administered by law 
enforcement; and other measures determined to provide 
significant improvement to schools physical security. The 
Committee encourages FEMA to work with states and school 
districts to increase awareness of these funding opportunities.
    Staffing for Adequate Fire and Emergency Response 
(SAFER).--The bill continues a provision from prior years to 
allow FEMA to waive the matching and maintenance of expenditure 
provisions for the SAFER program. The Committee expects that 
the Administrator will use the discretion granted in section 
310 as much of possible to relieve the economic and operational 
hardships caused by the current pandemic.
    Transit Security Grant Program (TSGP).--The Committee is 
aware that many TSGP applicants have been unsuccessful in 
getting grant awards to address transit security risks, while 
other grantees have at times received awards in recurring years 
to continue operational activities. The Committee encourages 
FEMA to consider whether recurring grants for ongoing 
operational activities is the best investment of limited 
federal grant funding, and to consider giving priority to 
applicants that have not received an award within the previous 
three years. FEMA is directed to brief the Committee on the 
current risk assessment and grant award prioritization criteria 
for the current program not later than 60 days after the date 
of enactment of this Act. An increase of $10,000,000 is 
recommended for TSGP in the bill to allow FEMA to make awards 
to additional applicants.
    Urban Area Security Initiative (UASI).--The Implementing 
Recommendations of the 9/11 Commission Act of 2007 requires the 
FEMA Administrator to conduct an annual assessment of the 
relative threat, vulnerabilities, and consequences from acts of 
terrorism faced by each of the 100 most populous metropolitan 
statistical areas (MSA) in the United States Based on this 
assessment, the Administrator designates high-risk urban areas 
that are eligible for UASI grants. While the factors included 
in this assessment are defined in statute, the specific 
criteria that inform these factors and the methodology used to 
carry out the assessment are at the discretion of the Secretary 
and the Administrator, who review them on an annual basis. The 
Committee directs the Secretary to make UASI awards consistent 
with the prioritization instructions in the explanatory 
statement accompanying Public Law 116-260.
    The Committee is aware that the Secretary withdrew a major 
change to the distribution of UASI funding for FY 2021 that had 
been proposed by the prior administration without sufficient 
stakeholder consultation. Prior to considering any such changes 
in the future, the Committee expects FEMA to seek stakeholder 
input; provide significant lead time for jurisdictions to plan 
and adjust; and brief the Committee on the proposed changes and 
the plan for consulting stakeholders early in the process.
    The Committee is aware that some urban area boundaries 
under UASI cross state borders. FEMA is encouraged to work with 
states to ensure that such urban areas take an inclusive, 
regional approach to the development and implementation of 
their UASI programs that includes all components of urban areas 
under threat.

                                        Community Project Funding Grants
----------------------------------------------------------------------------------------------------------------
                Recipient                           Project               Amount                 Type
----------------------------------------------------------------------------------------------------------------
Town of North Attleborough..............  Ten-Mile River Dredging         $1,500,000  Pre-Disaster Mitigation
                                           Project to Mitigate
                                           Flooding.
Town of Somerset........................  Somerset Emergency Dam             975,000  Pre-Disaster Mitigation
                                           Improvements.
Port of Portland........................  Port of Portland                 3,750,000  Pre-Disaster Mitigation
                                           Seismically Resilient
                                           Runway.
City of Astoria.........................  Astoria Pre-Disaster               676,875  Pre-Disaster Mitigation
                                           Landslide Storm Drainage
                                           Project.
City of Alton...........................  Alton, Illinois Flood            2,456,370  Pre-Disaster Mitigation
                                           Relief and Recovery.
Town of Longboat Key....................  Town of Longboat Key               350,000  Pre-Disaster Mitigation
                                           Flooding Mitigation
                                           Request.
The City of Cedar Park..................  The City of Cedar Park s           750,000  Pre-Disaster Mitigation
                                           Rachettes Sections 2 and
                                           3, Phase II Stormwater
                                           Mitigation Project.
Glynn County Board of Commissioners.....  Johnson Rocks Revetment          2,925,000  Pre-Disaster Mitigation
                                           Project.
Town of Arlington.......................  Mystic and Charles                 562,500  Pre-Disaster Mitigation
                                           Regional Coastal Flood
                                           Interventions Project.
City of Woburn..........................  Hurld Park Green                   196,875  Pre-Disaster Mitigation
                                           Infrastructure Project.
Prince William County Government........  Community Climate Change           950,000  Pre-Disaster Mitigation
                                           Impact Analysis.
Harris County Flood Control District....  Westador Stormwater              8,250,000  Pre-Disaster Mitigation
                                           Detention Basin.
Harris County Flood Control District....  TC Jester Storm water            9,950,000  Pre-Disaster Mitigation
                                           Detention Basin Project.
WaterOne................................  Backup Engine Generator          4,837,500  Pre-Disaster Mitigation
                                           for WaterOne.
Harris County Flood Control District....  Meyergrove Detention Basin       9,950,000  Pre-Disaster Mitigation
Monroe County...........................  Twin Lakes Subdivision Pre-      5,484,300  Pre-Disaster Mitigation
                                           Disaster Mitigation
                                           project.
Hidalgo County Drainage District No. 1..  North Main Drain Expansion       3,706,267  Pre-Disaster Mitigation
                                           Project.
Vermilion Parish........................  Vermillion Safe Room......       5,250,000  Pre-Disaster Mitigation
Harris County Texas.....................  Stormwater Detention Basin       9,950,000  Pre-Disaster Mitigation
                                           and Culvert Improvement.
New York State Department of Homeland     Fresh Creek Tide Gates,            800,000  Pre-Disaster Mitigation
 Security and Emergency Services.          Brooklyn, NY.
The Hoh Tribe...........................  Hoh Tribe Relocation             1,650,000  Pre-Disaster Mitigation
                                           Development.
City of Hoquiam.........................  Aberdeen-Hoquiam Flood           9,950,000  Pre-Disaster Mitigation
                                           Protection Project.
City of Chino Hills.....................  Citywide Fuel Reduction...         565,000  Pre-Disaster Mitigation
City of Elroy...........................  City of Elroy Electrical           525,000  Pre-Disaster Mitigation
                                           Substation Renovation.
Gadsen County...........................  Gadsden County W.S.              4,669,171  Pre-Disaster Mitigation
                                           Stevens High School
                                           Disaster Shelter.
City of Alameda.........................  Veteran's Court Seawall...       1,500,000  Pre-Disaster Mitigation
City of St. Clair Shores................  St. Clair Shores Pump              248,625  Pre-Disaster Mitigation
                                           Station.
City of Boston..........................  Design & Permitting for          1,650,000  Pre-Disaster Mitigation
                                           Open Space and Resiliency
                                           Improvements Project in
                                           Joe Moakley Park.
City of Hopewell........................  Cattail Creek Crossing             750,000  Pre-Disaster Mitigation
                                           Improvements Project.
City of Newburyport.....................  City of Newburyport              2,250,000  Pre-Disaster Mitigation
                                           Bulkhead Renovation
                                           Project.
Town of Nederland.......................  Big Springs Emergency              525,000  Pre-Disaster Mitigation
                                           Egress.
Pinal County............................  Pinal County Christensen           506,250  Pre-Disaster Mitigation
                                           Road and Lower Magma
                                           Drainage improvements.
Borough of Keyport......................  Firemans Park Bulkhead             450,000  Pre-Disaster Mitigation
                                           Improvement Project.
City of Poway, Public Works Department..  Hazardous Tree Removal             187,500  Pre-Disaster Mitigation
                                           Mitigation Project.
City of Chelsea Department of Housing     Island End River Area              750,000  Pre-Disaster Mitigation
 and Community Development.                Flood Resilience Project--
                                           City of Everett, City of
                                           Chelsea.
Town of Wake Forest.....................  Wake Forest Reservoir Dam        2,175,000  Pre-Disaster Mitigation
                                           Repairs.
Mount Sinai Medical Center..............  Mount Sinai Medical Center       7,650,580  Pre-Disaster Mitigation
                                           Infrastructure Hardening
                                           and Resiliency Project.
Village of Arlington Heights............  Village of Arlington               600,000  Pre-Disaster Mitigation
                                           Heights--Race & Chicago
                                           Avenue Storm Water
                                           Detention.
Lake County Stormwater Management         Dady Slough Flood Storage        3,000,000  Pre-Disaster Mitigation
 Commission.                               and Wetland Enhancement
                                           Project.
City of Zion............................  Zion Stormwater Management         720,435  Pre-Disaster Mitigation
                                           Project.
City of North Chicago...................  North Chicago Storm Sewer.       7,796,558  Pre-Disaster Mitigation
City of Frederick.......................  City of Frederick Motter           534,977  Pre-Disaster Mitigation
                                           Avenue Area Community
                                           Flood Mitigation Project.
Lake County Stormwater Management         Sylvan Lake Dam                  1,342,500  Pre-Disaster Mitigation
 Commission.                               Modifications.
Atlantic County Improvement Authority...  Lake Lenape Dam Flood            4,600,000  Pre-Disaster Mitigation
                                           Mitigation.
Beth Medrash Govoha of America..........  Beth Medrash Govoha                150,000  Non-Profit Security
                                           Nonprofit Security Grant.
City of Redlands........................  City of Redlands Emergency         712,500  Emergency Operations
                                           Operations Center                           Center
                                           Improvement Project.
Chestnuthill Township...................  Shared West End Emergency        1,000,000  Emergency Operations
                                           Services Facility.                          Center
Hawai'i Emergency Management Agency.....  Hawaii State Emergency           1,000,000  Emergency Operations
                                           Operations Center in                        Center
                                           Mililani First Responder
                                           Tech Campus.
Yancey County...........................  Yancey County--EOC........         150,000  Emergency Operations
                                                                                       Center
Cherokee County.........................  Cherokee County--EOC......         131,250  Emergency Operations
                                                                                       Center
Zapata County...........................  Zapata County Emergency          1,000,000  Emergency Operations
                                           Operations Center.                          Center
Town of North Branford Connecticut......  North Branford Emergency         1,000,000  Emergency Operations
                                           Operations Center.                          Center
Franklin County Florida Board of          Franklin County Emergency        1,000,000  Emergency Operations
 Commissioners.                            Operations Center.                          Center
Noxubee County Board of Supervisors.....  Noxubee County Emergency         1,000,000  Emergency Operations
                                           Operations Center.                          Center
Jackson County Board of Supervisors.....  Jackson County Emergency           262,500  Emergency Operations
                                           Operations Center.                          Center
Lake County Board of Commissioners......  Lake County Emergency            1,000,000  Emergency Operations
                                           Operations Center.                          Center
Onondaga County--Department of Emergency  Onondaga County Emergency        1,000,000  Emergency Operations
 Management.                               Operations Center.                          Center
Cayuga County Office of Emergency         Cayuga County Emergency             75,000  Emergency Operations
 Services.                                 Operations Center.                          Center
Western Illinois University.............  Western Illinois Emergency       1,000,000  Emergency Operations
                                           Operations Center.                          Center
City of Roswell.........................  City of Roswell-911              1,000,000  Emergency Operations
                                           Emergency Communications                    Center
                                           Call Center.
Gerald R. Ford International Airport....  Gerald R. Ford                   1,000,000  Emergency Operations
                                           International Airport                       Center
                                           Emergency Operations
                                           Center (EOC).
Gilpin County Office of Emergency         Gilpin County Emergency            138,557  Emergency Operations
 Management.                               Operations Center.                          Center
City of Walla Walla.....................  Walla Walla Relocate E911        1,000,000  Emergency Operations
                                           Emergency Telecom.                          Center
Pinal County............................  Pinal County Emergency             187,500  Emergency Operations
                                           Operations Center.                          Center
Wake County.............................  Wake County Emergency            1,000,000  Emergency Operations
                                           Operations Center.                          Center
City of Huntington Park.................  City of Huntington Park,         1,000,000  Emergency Operations
                                           Emergency Operations                        Center
                                           System.
Lake County.............................  Lake County Combined EOC..       1,000,000  Emergency Operations
                                                                                       Center
Haines City, Florida....................  Haines City Fire                   750,000  Emergency Operations
                                           Department Services.                        Center
City of Santa Rosa......................  City of Santa Rosa--             1,000,000  Emergency Operations
                                           Permanent Emergency                         Center
                                           Operations Center.
City of Rialto..........................  City of Rialto Emergency           862,500  Emergency Operations
                                           Operations Center.                          Center
The Resilience, Education, Training, and  East 132nd Street Pier           1,000,000  Emergency Operations
 Innovation (RETI) Center.                 Park Waterfront Plan.                       Center
City of Brownsville.....................  Brownsville Emergency            1,000,000  Emergency Operations
                                           Operations Center.                          Center
City of Allentown.......................  City of Allentown Fire             129,596  Emergency Operations
                                           Department Emergency                        Center
                                           Operations Center.
Wauconda Fire Department................  Emergency Operations                36,000  Emergency Operations
                                           Center Generator                            Center
                                           Replacement.
----------------------------------------------------------------------------------------------------------------

                          DISASTER RELIEF FUND

 
 
 
Appropriation, fiscal year 2021.....................     $17,142,000,000
Budget request, fiscal year 2022....................      19,299,000,000
Recommended in the bill.............................      18,799,000,000
Bill compared with:
    Appropriation, fiscal year 2021.................      +1,657,000,000
    Budget request, fiscal year 2022................        -500,000,000
 

    In lieu of providing of new funding proposed under this 
heading for climate mitigation grants, the Committee recommends 
funding for that activity through a repurposing of funds in 
section 311 of the bill.
    2017 Hurricane Recovery.--The Committee remains concerned 
about the overall pace of recovery from the 2017 Hurricanes in 
Puerto Rico and the U.S. Virgin Islands. Congress provided FEMA 
with additional authority to expedite and expand the scope of 
disaster recovery in the Balanced Budget Act of 2018 (Public 
Law 115-123), the Disaster Recovery Reform Act of 2018 
(division D of Public Law 115-254) and the Additional 
Supplemental Appropriations for Disaster Relief Act, 2019 
(Public Law 116-20); House Report 116-458 reminded FEMA to make 
full use of this authority.
    Unfortunately, the Committee has received reports that FEMA 
is not using this authority to the extent permitted by law and 
intended by Congress, including for determinations of 
eligibility for repairs or replacement of facilities. The 
Committee again reminds FEMA of the authority provided and 
directs FEMA to use such authority to provide the maximum 
assistance allowable.
    The Committee appreciates the quarterly interagency 
briefings provided on recovery from these 2017 Hurricanes and 
directs that future briefings address the impact of the 
pandemic on disaster recovery efforts and how FEMA intends to 
fully use its authority in support of those efforts.
    Breastfeeding.--The Committee recognizes that breastfeeding 
confers meaningful clinical benefits for babies and mothers 
while reducing healthcare costs and continues to urge FEMA to 
ensure that breastfeeding mothers impacted by disasters have 
access to breastfeeding services and supplies through its 
Critical Needs Assistance, Other Needs Assistance, and other 
programs. In the aftermath of a disaster, FEMA is directed to 
support families with young children by giving them priority 
consideration for immediate access to a shelter (temporary 
community shelter, hotel room, temporary housing, etc.) with a 
clean, safe, and private non-bathroom stall, space available 
for expressing breast milk, sanitary drinking water, a power 
supply, and access to a refrigerator for safe storage of food 
and/or expressed breastmilk. Breast pumps and related supplies 
should also be listed as eligible items under both Critical 
Needs Assistance and Other Needs Assistance programs
    Bilingual and Multi-lingual Staff.--The Committee 
encourages FEMA to continue hiring bilingual and multi-lingual 
staff to meet the language needs of disaster survivors.
    Community Disaster Loans.--The explanatory statement 
accompanying Public Law 116-260 directed FEMA to brief the 
Committee on its plans for implementing the loan cancellation 
provisions in the Additional Supplemental Appropriations for 
Disaster Relief Requirements Act, 2017, Public Law 115-72; FEMA 
recently acknowledged this plan has not yet been developed. 
Within 15 days of the date of enactment of this Act, FEMA is 
directed to brief the Committee on a plan for implementing this 
provision. The Committee expects that plan to provide for using 
the maximum discretion permitted for cancellation of these 
loans.
    Debris Removal.--The Committee is aware of concerns from 
disaster survivors about eligibility for debris removal on 
private property in FEMA's disaster programs, particularly for 
circumstances in which trees that have fallen on private 
property in the aftermath of storms or wildfires. The Committee 
reminds FEMA that under the Stafford Act, it has wide 
discretion on eligibility for debris removal that is determined 
to be in the public interest. Within 90 days of the date of 
enactment of this Act, FEMA shall brief the Committee on 
eligibility for private property debris removal in both the 
Public Assistance program and the Individuals and Households 
Program (IHP), including a discussion of FEMA's statutory 
authority and whether FEMA is fully using such authority.
    De-Energization.--The Committee is aware that the 
increasing severity and frequency of extreme weather events has 
prompted efforts to reduce the risks of catastrophic wildfires 
by adopting ``de-energization'' protocols, under which 
electrical power is temporarily shut off for businesses, 
schools, healthcare facilities, and residences. The Committee 
encourages FEMA to reimburse the cost of generators for 
individuals who are affected by de-energization protocols 
implemented as a result of a presidentially declared major 
disaster.
    Direct Federal Assistance (DFA).--By regulation and 
consistent with the Stafford Act, FEMA will only provide DFA 
when disaster response requirements exceed the capability of 
SLTT. In some cases under current FEMA policy, however, the 
agency will not reimburse SLTT governments that contract for or 
carry out a response activity or seek assistance through mutual 
aid. Within 60 days of the date of enactment of this Act, FEMA 
shall brief the Committee on the provision of assistance 
through various mechanisms, including DFA, mutual aid, and SLTT 
governments directly performing or contracting for services. 
The briefing shall include a discussion of the law, 
regulations, and policies governing the different mechanisms; 
the costs for each; and how each support the federal policy 
codified in the Stafford Act to increase SLTT capacity and 
coordination.
    Disaster Contractor and Subcontractor Payments.--The 
explanatory statement accompanying Public Law 116-260 directed 
FEMA to brief the Committee on the backlog of unpaid contractor 
and subcontractor invoices for recovery activities in the U.S. 
Virgin Islands and Puerto Rico from 2017 hurricanes. FEMA is 
directed to continue those briefings until the backlog is 
eliminated.
    Disaster Recovery Reform Act Implementation.--The Committee 
recognizes the efforts FEMA has made to implement the Disaster 
Recovery Reform Act of 2018 (division D of Public Law 115-254) 
and the positive impact that has made for states, communities 
and disaster survivors. However, in House Report 116-458 the 
Committee noted there are a number of unimplemented provisions 
that were immediately effective or have overdue statutory 
deadlines; unfortunately, this is still the case.
    While the Committee recognizes that this was likely due to 
the operational burdens imposed on FEMA during its response to 
the pandemic, the Committee urges FEMA to implement these 
requirements expeditiously. Previously, FEMA had been providing 
quarterly briefings on the status of the implementation of the 
Disaster Recovery Reform Act; the Committee directs FEMA to 
resume those briefings until all requirements have been 
implemented. In addition, within 15 days of the date of 
enactment of this Act, FEMA is directed to brief the Committee 
on the rulemaking under section 1235 of that Act, which would 
define ``resilient'' and ``resiliency,'' including an update on 
the status of the rulemaking and the process going forward, 
including the expected timeline for issuing a final rule.
    Disaster Survivors Experiencing Homelessness.--Some of the 
most vulnerable survivors during and in the aftermath of a 
disaster are individuals and families who face homelessness. 
Traditionally FEMA disaster assistance in the immediate 
aftermath of a disaster has been generally limited to short 
term sheltering and other immediate needs because longer-term 
housing needs were deemed not to be caused by the disaster.
    During the pandemic, FEMA worked with states, communities, 
and non-profit organizations to provide innovative assistance 
to reduce the risk for those experiencing homelessness, 
including the use of non-congregant sheltering. The Committee 
believes that FEMA should use this experience to reassess the 
services that can be provided to individuals and families that 
experience homelessness.
    Within 60 days of the date of enactment of this Act, FEMA 
shall brief the Committee on the lessons learned from the 
response to the pandemic on how assistance can be provided to 
those experiencing homelessness before, during and after 
disasters and on assessment of how policies, programs, and 
procedures can be changed to assist those who are most 
vulnerable. The assessment should consider how such assistance 
could be provided through collaboration with other federal 
agencies, SLTT governments, and non-profit organizations, 
including those that are not traditionally active in disaster 
response.
    Disaster Workforce.--The Committee recognizes the 
difficulty that FEMA faces in maintaining a workforce that is 
ready to deploy before, during and after disasters while also 
being as judicious as possible with the use of funding and 
other resources. In order to help FEMA address this challenge, 
Congress provided specific hiring authority in section 306 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5149), which was most recently amended by 
section 1222 of the Disaster Recovery Reform Act of 2018 
(Division D of Public Law 115-254). Those recent amendments 
included provisions to allow FEMA's Stafford Act workforce to 
become eligible for positions in the competitive service.
    The Committee has been made aware of concerns about 
workplace conditions especially for its Stafford Act workforce. 
In addition, the Agency has not been completely responsive to 
information requests about its new authority, especially as it 
relates to reservists. Within 60 days of the date of enactment 
of this Act, FEMA shall brief the Committee on current 
protections for all categories of its Stafford Act workforce, 
including reservists, and any plans to increase or change those 
protections. In addition, the briefing shall describe FEMA's 
implementation of section 306(c) of the Stafford Act and 
include the following information for each of the last three 
fiscal years: the different categories of Stafford Act 
personnel (i.e. type of appointment), including reservists; the 
number in each category; the number in each category who were 
or would be eligible for appointment under section 306(c); and 
the number in each category who accepted an appointment under 
section 306(c).
    Electric Grid Resiliency.--The Committee reminds FEMA of 
the requirement in House Report 116-458 to brief the Committee 
on alternative methods to repair, rebuild, and fortify disaster 
damaged electric grids, which is overdue. FEMA is directed to 
expeditiously provide the briefing, which shall include a cost/
benefit analysis of various alternatives, such as traditional 
wood poles, composite utility poles, and underground cables; 
take into account such considerations as geography, 
availability of materials, ease of storage, delivery and 
installation logistics of replacement materials, annual 
maintenance, and the effects of climate change; and address the 
potential impacts related to equipment maintenance costs and 
vegetation management over the life of the project.
    Equity in Disaster Assistance under IHP.--The Committee is 
aware of concerns raised about inequities in the delivery of 
disaster assistance to disaster survivors, especially through 
IHP, from a number of sources including concerns from 
constituents, media reports and a recent GAO report, Disaster 
Assistance Additional Actions Needed to Strengthen FEMA's 
Individuals and Households Program GAO-20-503. Among the 
concerns that have been raised are: that FEMA's programs 
provide disproportionately less assistance to minority 
communities and those in urban and rural disadvantaged 
communities; and the application process and procedures are too 
complicated, causing many to discontinue their applications due 
to these difficulties or due to a mistaken belief that they are 
not eligible. In addition, FEMA's attempts to prevent 
fraudulent applications may be so restrictive as to 
inadvertently screen out many who may appropriately qualify for 
assistance. The Committee encourages FEMA to allow disaster 
survivors to provide alternative documentation for establishing 
property ownership, including self-certification, as 
appropriate, beyond the jurisdictions where it is currently 
allowed.
    The Committee understands that FEMA is currently taking 
steps to review and address equity issues in the delivery of 
its programs, including the chartering of an Equity Enterprise 
Steering Group and launching an equity analysis of the delivery 
of IHP assistance, efforts that the Committee strongly 
supports. Within 60 days of the date of enactment of this Act, 
FEMA shall brief the Committee on these efforts and on how FEMA 
is implementing the recommendations in the GAO report. The 
briefing shall also describe FEMA's procedures for reducing 
fraudulent disaster applications and the results of an analysis 
on how those procedures may be inappropriately discouraging 
disaster victims from seeking or receiving assistance.
    Modular Housing.--The Committee recognizes the vital 
support FEMA provides to communities and disaster survivors in 
the aftermath of major disasters, including housing assistance 
for individuals and families displaced from their homes. Within 
90 days of the date of enactment of this Act, FEMA shall brief 
the Committee on the feasibility and benefits of using modular 
housing under current FEMA authorities and programs as a more 
efficient and effective temporary housing solution.
    Public Assistance Briefings.--In House Report 116-180, the 
Committee directed FEMA to brief the Committee on reducing 
duplicative and conflicting administrative requirements in the 
Public Assistance program, as well as a briefing on project 
worksheet development. In House Report 116-458, the Committee 
noted that these briefings were overdue, while recognizing the 
operational constraints caused by the pandemic. With those 
constraints waning, the Committee expects FEMA to provide the 
briefings in an expeditious manner.
    STEM Education After Disasters.--The Committee encourages 
FEMA to continue working with SLTT governments and eligible 
private, nonprofit educational institutions to ensure that 
disaster recovery planning includes the establishment of 
temporary facilities to provide continuity in STEM education, 
as appropriate.

                     NATIONAL FLOOD INSURANCE FUND

 
 
 
Appropriation, fiscal year 2021......................       $204,412,000
Budget request, fiscal year 2022.....................        214,706,000
Recommended in the bill..............................        214,706,000
Bill compared with:
    Appropriation, fiscal year 2021..................        +10,294,000
    Budget request, fiscal year 2022.................              - - -
 

                  Title III--Administrative Provisions


                     (INCLUDING TRANSFER OF FUNDS)

    Section 301. The Committee continues a provision making 
``Cybersecurity and Infrastructure Security Agency--Operations 
and Support'' funding available for a cybersecurity competition 
established by Executive Order No. 13870.
    Section 302. The Committee includes a new provision 
requiring reporting on unfunded CISA priorities.
    Section 303. The Committee includes a provision requiring 
reporting of obligations under ``Cybersecurity and 
Infrastructure Security Agency--Cyber Response and Recovery 
Fund''.
    Section 304. The Committee includes a provision requiring a 
plan describing federal civilian department and agency 
cybersecurity investment requirements.
    Section 305. The Committee continues a provision limiting 
expenses for the administration of grants.
    Section 306. The Committee continues a provision specifying 
timeframes for grant applications and awards.
    Section 307. The Committee continues a provision requiring 
a five-day advance notification for certain grant awards under 
``Federal Emergency Management Agency--Federal Assistance.''
    Section 308. The Committee continues a provision addressing 
the availability of certain grant funds for the installation of 
communications towers.
    Section 309. The Committee continues a provision requiring 
the submission of a monthly Disaster Relief Fund report.
    Section 310. The Committee continues a provision permitting 
the FEMA Administrator to grant waivers from specified 
requirements of section 34 of the Federal Fire Prevention and 
Control Act of 1974.
    Section 311. The Committee includes a provision allowing 
prior-year appropriations to be used for certain purposes.
    Section 312. The Committee continues a provision providing 
for the receipt and expenditure of fees collected for the 
Radiological Emergency Preparedness Program, as authorized by 
Public Law 105-276.
    Section 313. The Committee continues a provision permitting 
waivers for certain requirements pertaining to the granting of 
Assistance to Firefighter Grants.
    Section 314. The Committee includes a provision adjusting 
the cost share for major disasters and emergencies that 
occurred or were declared in 2020.
    Section 315. The Committee includes a provision to cancel 
the remaining balances of certain loans issued by FEMA.

        TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES


               U.S. Citizenship and Immigration Services


 
 
 
Appropriation, fiscal year 2021.......................      $127,790,000
Budget request, fiscal year 2022......................       469,504,000
Recommended in the bill...............................       474,504,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +346,714,000
    Budget request, fiscal year 2022..................        +5,000,000
 

                                Mission

    U.S. Citizenship and Immigration Services (USCIS) 
adjudicates and grants immigration and citizenship benefits, 
confirms eligibility for employment and public services, and 
promotes an awareness and understanding of citizenship in 
support of immigrant integration. USCIS activities are 
primarily funded through fees collected from applicants for 
immigration benefits.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2021.......................      $117,790,000
Budget request, fiscal year 2022......................       459,504,000
Recommended in the bill...............................       459,504,000
Bill compared with:
    Appropriation, fiscal year 2021...................      +341,714,000
    Budget request, fiscal year 2022..................             - - -
 

    The Committee supports the Administration's request of 
$345,000,000 to address the USCIS backlog by hiring 1,316 
additional personnel, including 301 refugee officers; 
increasing overtime; investing in case file management support; 
provisioning equipment for increased video interviewing 
capability; purchasing information technology equipment and 
supplies; training; travel; and other related costs. However, 
the Committee notes that the budget request assumes all newly 
hired positions would be on board at the beginning of the 
fiscal year, which is not feasible. Further, the request did 
not include funding to increase asylum officer positions, 
despite the significant backlog in asylum processing. 
Accordingly, the recommendation adjusts the hiring for the 
1,316 requested positions to assume even hiring throughout the 
fiscal year, resulting in a projected reduced requirement of 
$88,975,000 in fiscal year 2022. The recommendation reinvests 
these savings for an additional 501 asylum officers and for 
increased overtime to accelerate addressing the backlog. Within 
the total amount provided, the bill makes $87,619,000 available 
until September 30, 2023, to provide flexibility for potential 
hiring delays associated with these initiatives.
    The Committee is encouraged by recent improvements in USCIS 
transparency and compliance with oversight requirements related 
to its policies, operations, and overall fiscal health and 
looks forward to continued progress on these matters. However, 
the Committee remains concerned about the lack of transparency 
in USCIS budget justification materials and reiterates 
direction that future budget justifications provide more 
detailed information and accounting level data to ensure 
transparency and executability. Such details shall include 
additional information regarding each adjustment to base and 
program change from the prior year for each PPA, including the 
PPAs within the Immigration Examinations Fee Account (IEFA), 
and shall provide such information at the office-level for the 
Administration PPA.
    Application Processing.--USCIS is directed to prioritize 
the timely processing of citizenship and other applications, 
with a goal of adjudicating all requests within six months of 
submission. Further, if USCIS publishes a Notice of Proposed 
Rulemaking or Final Rule that proposes or adopts any amendment 
to 8 C.F.R. 103.7(b), (October 1, 2020), that would impact fee 
levels, USCIS shall include the following information in its 
associated publications in the Federal Register:
          (1) a detailed plan for reducing the aggregate median 
        processing time for all applications at least 25 
        percent by not later than one year from the date of 
        publication of the notice and each year thereafter 
        until median processing times are fewer than six 
        months; and
          (2) a detailed estimate of any discretionary funding 
        requirement for enabling USCIS to limit future fee 
        increases to not more than the rate of inflation.
    Not later than 90 days after the date of enactment of this 
Act, USCIS is directed to make available, on a publicly 
accessible website, an interactive dashboard detailing the 
number of forms received, processed, approved, denied, and 
pending by month, along with the average processing time and 
the number of forms pending for more than six months, for each 
of the following:
          (1) form I-130 (Petition for Alien Relative);
          (2) form I-360 (Petition for Amerasian, Widow(er), or 
        Special Immigrant);
          (3) form I-485 (Application to Register Permanent 
        Residence or Adjust Status), delineated by application 
        type or filing category;
          (4) form I-751 (Petition to Remove Conditions on 
        Residence);
          (5) form N-400 (Application for Naturalization); and
          (6) form I-765 (Employment Authorization Document).
    The dashboard shall include historical data beginning not 
later fiscal year 2016; be updated monthly by not later than 
the tenth business day following the end of each month; and 
permit the downloading of the underlying data in a searchable 
and sortable spreadsheet format. USCIS shall make every effort 
to continuously expand the dataset on this website to 
eventually include all forms.
    Asylum Seeker Access to Employment Authorization.--The 
Committee recognizes the importance of employment authorization 
for asylum seekers awaiting the outcome of their cases, 
including individuals with positive Credible Fear or Reasonable 
Fear determinations or who have expressed a fear of return to 
their home countries and intend to apply for asylum or 
withholding of removal. The Committee directs DHS to establish 
a centralized mechanism for asylum seekers to apply for 
employment authorization online and to brief the Committee not 
later than 60 days after the date of enactment of this Act on 
its plan to meet this objective, including a projected schedule 
for meeting anticipated milestones. Further, the Committee 
directs USCIS to reduce printing and reproduction costs related 
to the cumbersome Form I-765 and to brief the Committee not 
later than 60 days after the date of enactment of this Act on a 
plan for achieving this goal, including any anticipated 
resource savings and timeliness metrics.
    B-1 Visa Holders.--The Committee directs the Secretary to 
submit a report not later than 180 days after the date of 
enactment of this Act on B-1 personal or domestic workers, 
including the visa holder's year of birth; gender; country of 
citizenship and birth; date of visa issuance and expiration; 
and the city, state, and zip code where the visa holder will be 
working. The report shall also be made available to the public.
    Citizenship Promotion.--The Committee encourages CBP and 
USCIS to continue exploring the most effective methods to 
ensure that Legal Permanent Residents arriving at ports of 
entry are aware of the benefits of citizenship and the process 
of becoming a U.S. citizen, to include self-service kiosks, 
signage, videos, and verbal scripts.
    Domestic and Sexual Violence Training.--The Committee looks 
forward to the briefing required in House Report 116-458, which 
was incorporated by reference into the explanatory statement 
accompanying the Department of Homeland Security Appropriations 
Act, 2021, (Public Law 116-260), regarding annual training for 
asylum officers and supervisors on how the dynamics of domestic 
and sexual violence impact asylum seekers and their 
applications.
    E-Verify.--While E-Verify database errors have been reduced 
as system functionality has evolved, challenges remain 
regarding the accuracy of information input by employers that 
is used for determining employment eligibility and there is 
still no formal process for reviewing a final non-confirmation 
determination. By not later than 90 days after the date of 
enactment of this Act, USCIS is directed to brief the Committee 
on a proposed review process for E-Verify final non-
confirmations, as well as improvements in outreach efforts and 
training tools to assist employers in improving the accuracy of 
information they submit into the system.
    Fee Waivers.--USCIS is directed to continue the use of full 
fee waivers for applicants who demonstrate an inability to pay 
immigration and naturalization benefit application fees, and to 
provide partial fee waivers for applicants who can demonstrate 
earnings or income between 150 percent and 200 percent of the 
federal poverty guidelines and are otherwise ineligible for 
full fee waivers. The Committee directs USCIS to accept any one 
of the following items as proof of inability to pay an 
immigration or naturalization benefit application fee:
          (1) documentation of receipt of a means-tested public 
        benefit;
          (2) documentation of income that is at or below 200 
        percent of the Federal Poverty Guidelines at the time 
        of filing; or
          (3) documentation of financial hardship based on 
        extraordinary expenses or other circumstances.
    Further, USCIS is directed to maintain naturalization fees 
at an affordable level; reduce the backlog of applicants; and 
reduce the costs of obtaining replacement certificates of 
naturalization and certificates of citizenship, including by 
cooperating with the Department of State on the screening of 
derivative citizens.
    H-2B Visa Program Oversight.--Not later than 60 days after 
the date of enactment of this Act, the Department shall brief 
the Committee on the administrative remedies the Department of 
Labor has issued in each of the last three fiscal years against 
entities or persons who violate H-2B requirements. The report 
should contain, but not be limited to:
          (1) a list of entities or persons cited, by industry 
        and violation;
          (2) the number of H-2B workers impacted and the 
        nature of those impacts;
          (3) the effects on the domestic workforce;
          (4) the number of entities or persons debarred from 
        the H-2B program due to violations;
          (5) a description of the criteria and methodology for 
        debarment decisions; and
          (6) a justification for why any repeat offenders have 
        been allowed to continue to participate in the program.
    H-2B Visa Program Reporting.--Not later than 60 days after 
the date of enactment of this Act, the Department shall report 
to the Committee on the distribution of visas granted through 
the H-2B program, including a tabulation of the percentage of 
overall visas issued to the top 15 employers. Also, not later 
than 90 days after the date of enactment of this Act, the 
Department, in consultation with the Department of Labor, shall 
brief the Committee on the impacts of the current H-2B visa 
semiannual distribution on employers, employees, and agency 
operations.
    Humanitarian Petitions.--The Committee reminds USCIS of the 
directives related to humanitarian petitions required in House 
Report 116-458, which were incorporated by reference into the 
explanatory statement accompanying the Department of Homeland 
Security Appropriations Act, 2021, (Public Law 116-260).
    International Operations Division.--The Committee remains 
concerned by USCIS's lack of planning and transparency about 
the closure of the International Operations Division and any 
plans to continue closing its international offices. The 
Committee directs USCIS to continue to operate the remaining 
seven international offices until the reporting and briefing 
requirements directed in the explanatory statement accompanying 
the Department of Homeland Security Appropriations Act, 2021, 
(Public Law 116-260), have been provided. Further, the 
Committee urges USCIS to reconsider its international footprint 
requirements to optimize its ability to meet its mission needs 
in a cost-effective manner.
    Military Naturalization Applications.--Absent exigent 
circumstances or additional time applicants may need to respond 
to Requests for Evidence or Notices of Intent to Deny, USCIS 
shall ensure that military naturalization applications are 
processed within six months, as required by the Military 
Personnel Citizenship Processing Act of 2008 (Public Law 110-
382). USCIS is directed to continue to build upon its military 
naturalization promotion program, in conjunction with the 
Department of Defense, to ensure all military service members 
and their families learn about and consider their eligibility 
to apply for naturalization before the military service 
member's separation from the military, and to help military 
families navigate the naturalization process. Not later than 90 
days after the date of enactment of this Act, USCIS shall brief 
the Committee on the status of meeting these goals, including 
any efforts to streamline processes and improve the overall 
experience for service members and their families.
    Refugee Security Vetting.--The Committee looks forward to 
receiving the report required in House Report 116-458 that was 
incorporated by reference into the explanatory statement 
accompanying the Department of Homeland Security Appropriations 
Act, 2021, (Public Law 116-260) regarding enhanced security-
vetting.
    Spouse Petitions.--With respect to fiance(e) or spouse 
petitions involving a minor party, the Committee directs USCIS 
to document the age of the minor party at the time of the 
civil/legal marriage, along with the age difference between the 
parties, with ages given in months as well as years.
    Systematic Alien Verification for Entitlements Program.--
USCIS is directed to update the report required in House Report 
116-458, which was incorporated by reference into the 
explanatory statement accompanying the Department of Homeland 
Security Appropriations Act, 2021, (Public Law 116-260), to 
include information for fiscal year 2021.
    Resource Optimization Strategy.--The Committee looks 
forward to the briefing required in the explanatory statement 
accompanying the Department of Homeland Security Appropriations 
Act, 2021, (Public Law 116-260), as well as the plan and 
subsequent briefings required in section 4103 of the Emergency 
Stopgap USCIS Stabilization Act (Public Law 116-159). USCIS is 
urged to expand its use of premium processing authorities, as 
provided for in and in accordance with that Act.
    Trauma-Informed Mental Health Care.--USCIS is encouraged to 
assess the need for the following additional training 
requirements for the Refugee, Asylum, and International 
Operations Directorate's staff who engage regularly with 
potential trauma survivors:
          (1) Training on recognizing signs of trauma exposure, 
        understanding common behaviors of people exposed to 
        trauma, and sensitive or trauma-informed principles for 
        interacting; and
          (2) Secondary trauma and resilience training and 
        support.
    Virtual Processes and Ceremonies.--Not later than 90 days 
after the date of enactment of this Act, USCIS shall provide 
the Committee with an analysis of the feasibility of leveraging 
video and audio teleconferencing capabilities to:
          (1) support remote refugee interviews; and
          (2) remotely administer the oath of citizenship 
        during circumstances that impede the regular 
        administration of naturalization ceremonies.
    Voter Registration of New U.S. Citizens.--The Committee 
urges USCIS to facilitate the voter registration of new U.S. 
citizens upon their successful completion of oath ceremonies, 
including through Memoranda of Understanding and other 
agreements with state and local agencies responsible for 
election administration that permit USCIS to electronically 
transfer voter registration information of new citizens.
    Website Data.--The Committee is disappointed that the 
briefing requirement in House Report 116-180 on the feasibility 
of posting DHS-administered visa data on its website has not 
been met. Accordingly, USCIS is now directed to publish on its 
website, beginning lot later than 120 days after the date of 
enactment of this Act and semiannually thereafter, I-129 data 
on employers, worksites, occupations, gender, and wages, for 
petitions in the E, H, L, O, P, and TN visa classifications. 
Additionally, the website shall include data on key visa and 
work programs administered by ICE through the Student and 
Exchange Visitor Information System, such as the J-1 program 
and the F-1 Optional Practical Training program, including 
employment, wage, and gender data for all visas and programs 
categories. Data for the J-1 visa should be reported according 
to each J-1 sub-program. The data reported according to this 
directive shall not include personally identifiable 
information.

                           FEDERAL ASSISTANCE

 
 
 
Appropriation, fiscal year 2021.......................       $10,000,000
Budget request, fiscal year 2022......................        10,000,000
Recommended in the bill...............................        15,000,000
Bill compared with:
    Appropriation, fiscal year 2021...................        +5,000,000
    Budget request, fiscal year 2022..................        +5,000,000
 

    The recommendation includes $15,000,000 to support the 
Citizenship and Integration Grant Program, an increase of 
$5,000,000 above the request to expand the number of grant 
awards for meritorious proposals and to support projects that 
will test or bring to scale innovative methods of English and 
civics education and citizenship preparation that will help set 
new Americans up for economic and social success in the United 
States.
    The Committee appreciates steps taken by USCIS to address 
its concerns regarding the guidelines set forth in USCIS's 
Notice of Funding Opportunity (NOFO) for fiscal year 2019 that 
imposed unnecessary and overly restrictive conditions on 
prospective grant recipient organizations and looks forward to 
working with USCIS on any further improvements to grant 
program.
    USCIS continues to have the authority to accept private 
donations to support the Citizenship and Integration Grant 
Program. The Committee directs USCIS to provide an update on 
its planned use of this authority not later than 30 days after 
the date of enactment of this Act, to include efforts 
undertaken to solicit private donations.

                Federal Law Enforcement Training Centers


 
 
 
Appropriation, fiscal year 2021.......................      $340,348,000
Budget request, fiscal year 2022......................       355,636,000
Recommended in the bill...............................       355,636,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +15,288,000
    Budget request, fiscal year 2022..................             - - -
 

                                Mission

    The Federal Law Enforcement Training Centers (FLETC) 
provide or facilitate basic and advanced law enforcement 
training for over 90 federal agencies and numerous state, 
local, tribal, and international law enforcement organizations.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2021.......................      $314,348,000
Budget request, fiscal year 2022......................       322,436,000
Recommended in the bill...............................       322,436,000
Bill compared with:
    Appropriation, fiscal year 2022...................        +8,088,000
    Budget request, fiscal year 2021..................             - - -
 

    The recommendation funds the budget request, including 
$1,700,000 for improved flood mitigation efforts for the FLETC 
campus in Glynco, GA.
    Community College Partnerships.--The Committee encourages 
FLETC to partner with community colleges to develop pre-academy 
and other law enforcement training programs, including along 
the southwest border where it is particularly important to 
improve the Department's hiring pipeline for law enforcement 
positions. The Department is directed to report back to the 
Committee on these efforts within 60 days of the date of 
enactment of this Act.
    Human Trafficking Training.--The Committee supports the 
establishment of FLETC's Human Trafficking Awareness Training 
and encourages FLETC to continue increasing opportunities for 
this training for federal, state, local, and tribal law 
enforcement officers and agents.
    Interagency Training Centers.--The Committee is aware of 
efforts by the Department and the National Guard to establish 
interagency domestic operation training centers and notes the 
success of the Muscatatuck Urban Training Facility in 
supporting a wide range of training requirements for Active 
Duty service members, the National Guard, other federal 
agencies, and domestic law enforcement agencies. The Committee 
encourages the Department to continue working with the National 
Guard, as well as state and local leaders, to identify 
opportunities for expanding domestic training on federal or 
state property, particularly in regions that lack facilities 
for training related to active shooters, dense urban terrain, 
and cyber and electromagnetic response.
    International Partnerships.--The Committee supports 
international law enforcement capacity building programs, which 
develop new partnerships with other countries that build shared 
values around the rule of law and good governance. The 
Committee encourages FLETC to expand its capacity to enroll and 
provide training for law enforcement officers of foreign 
partners, especially as part of its international capacity 
building programs. The Committee directs FLETC to provide an 
annual report to the Committee, beginning not later than 90 
days after the date of enactment of this Act, on the status of 
its international programs, including the number of 
international students trained; their countries of origin; 
programs administered; and plans to expand existing 
partnerships and develop new ones.
    Use of Training Facilities.--The Director shall schedule 
basic or advanced law enforcement training, or both, at all 
four training facilities to ensure they are operated at the 
highest capacity before entering new leases or establishing new 
partnerships with training organizations. FLETC is also 
directed to provide a cost analysis detailing, at a minimum, 
each training center's maximum instructional capacity by course 
and measured against its annual student occupancy. The 
Department is directed to report back to the Committee on these 
efforts within 60 days of the date of enactment of this Act.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2021.......................       $26,000,000
Budget request, fiscal year 2022......................        33,200,000
Recommended in the bill...............................        33,200,000
Bill compared with:
    Appropriation, fiscal year 2021...................        +7,200,000
    Budget request, fiscal year 2022..................             - - -
 

    The recommendation includes $13,000,000 for the purchase of 
a leased dormitory adjacent to the FLETC campus in Glynco, GA, 
as requested. Additionally, the recommendation provides 
$20,200,000 for construction costs of law enforcement training 
venues and support facilities at the Charleston Training 
Delivery Point.

                   Science and Technology Directorate


 
 
 
Appropriation, fiscal year 2021.......................      $765,558,000
Budget request, fiscal year 2022......................       822,903,000
Recommended in the bill...............................       830,403,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +64,845,000
    Budget request, fiscal year 2022..................        +7,500,000
 

                                Mission

    The mission of the Science and Technology Directorate (S&T) 
is to conduct and support research, development, developmental 
and operational testing and evaluation, and the timely 
transition of homeland security capabilities to operational end 
users at the federal, state, and local levels.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2021.......................      $302,703,000
Budget request, fiscal year 2022......................       310,590,000
Recommended in the bill...............................       310,590,000
Bill compared with:
    Appropriation, fiscal year 2021...................        +7,887,000
    Budget request, fiscal year 2022..................             - - -
 

    The recommendation includes the requested amount of 
$310,590,000.
    Indirect Costs for Laboratories.--The Committee understands 
that S&T has agreed that it is appropriate for the agency to 
pay laboratories for the indirect costs of their operations and 
that this will be S&T's policy going forward.
    Laboratory Facilities.--The Committee reminds S&T of the 
directive to provide a report on unmet requirements for 
laboratory facilities, which was to have been submitted in 
conjunction with the President's fiscal year 2022 budget 
request, and expects the report to be delivered without further 
delay. The Committee also expects the Department to consider 
the unmet needs of these important assets when developing the 
fiscal year 2023 request.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2021.......................       $18,927,000
Budget request, fiscal year 2022......................         8,859,000
Recommended in the bill...............................         8,859,000
Bill compared with:
    Appropriation, fiscal year 2021...................       -10,068,000
    Budget request, fiscal year 2022..................             - - -
 

              Procurement, Construction, and Improvements

    The recommendation includes the requested amount to 
continue activities to close the Plum Island Animal Disease 
Center. S&T is directed to continue providing semi-annual 
briefings on the progress of these activities, as specified in 
the explanatory report accompanying Public Law 116-260.

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2021.......................      $443,928,000
Budget request, fiscal year 2022......................       503,454,000
Recommended in the bill...............................       510,954,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +67,026,000
    Budget request, fiscal year 2022..................        +7,500,000
 

                 Research, Development, and Innovation

    The recommendation includes $5,000,000 above the request 
for Research, Development, and Innovation (RD&I). S&T is 
directed to brief the Committee not later than 30 days after 
the date of enactment of this Act on the proposed allocation of 
RD&I funds by project and to subsequently update the Committee 
on any changes from the planned allocations.
    Advanced Sensor Technology.--The Committee supports a 
continued focus on the development and deployment of next 
generation first responder technologies that utilize advanced 
sensors and imaging.
    Bi-National Cooperation Pilot.--The Committee supports the 
Bi-National Cooperation Pilot, which focuses on cooperative 
efforts related to border security, maritime security, 
biometrics, cybersecurity, and video analytics, and encourages 
continued funding for the pilot at its historical level of 
$2,000,000.
    Biosurveillance Systems.--The Committee directs S&T and the 
Countering Weapons of Mass Destruction Office (CWMD) to provide 
a joint report to the Committee, within 60-days of the date of 
enactment of this Act, on the status of developing and testing 
a successor bio-threat detection system to BioWatch, along with 
plans to complete development and field the new capability. The 
report shall describe planned changes to bio-detection 
operations that improve upon the legacy program and how CWMD 
and S&T will coordinate their respective bio-detection roles 
and activities.
    The report should also include information on the progress 
of the Homeland Security Advanced Research Projects Agency 
Chemical and Biological Defense Division in developing novel 
prototype sensors for real-time detection of aerosolized 
biological threat agents, using newer technologies such as 
matrix-assisted laser desorption ionization-time of flight mass 
spectrometry.
    Canine Sciences.--The Committee is supportive of continued 
funding for a large-scale government and academic effort to 
advance innovation and technology in threat detection canine 
sciences through the Detective Canine, Science, Innovation, 
Technology and Education Program.
    Composite Shipping Containers.--The Committee is aware that 
Presidential Determination No. 2017-09 identifies secure 
composite shipping containers as a critical item shortfall for 
industrial capacity and supports efforts to develop composite 
materials that reduce costs and improve intrusion sensor 
integration.
    Enabling Unmanned Aerial Systems (UAS).--The Department's 
designated UAS test site is providing critical testing and 
technology evaluations across multiple DHS operational 
entities. The Committee urges the Department to continue 
funding this program at not less than the fiscal year 2021 
level.
    First Responder Interagency Working Group.--The Committee 
recognizes the effectiveness of interagency working groups 
composed of first responders from local, state, and federal 
agencies in meeting the ever-changing needs of the nation's 
emergency preparedness and response plans. The Committee 
encourages S&T to continue and, if appropriate expand, its 
partnerships in this area, including with nonprofits that have 
a history of collaboration with inter-agency working groups.
    Levee and Dam Improvements.--The Committee encourages S&T 
to continue the Educational Partnership Agreement between the 
U.S. Army Corps of Engineers Engineering Research Development 
Center and an academic sedimentation lab that has experience in 
cooperative research with the U.S. Department of Agriculture's 
Natural Resources Conservation Service to develop capabilities 
for maintaining and improving the integrity of our nation's 
existing levee and dam systems. The Committee also supports 
continued efforts on concrete dam design; performance 
evaluation, to include the effects of aging and the impacts 
from natural and man-made disasters; the development of 
sustainable solutions for infrastructure protection; research 
on viable alternative materials; and the development of 
guidance and standards for communities, emergency managers, 
public safety officials, and critical infrastructure operators.
    Maritime and Coastal Surveillance.--The Committee 
encourages S&T to conduct maritime system and sensor studies 
for the research, development, testing, and evaluation of wind 
and solar powered unmanned maritime vessels with surface and 
subsurface capabilities. Such technologies could significantly 
contribute to DHS component missions such as counter-narcotics; 
search and rescue; aids to navigation; marine safety; marine 
environmental protection; illegal, unregulated and unreported 
fishing; enforcement of laws and treaties; oceanographic 
research; and defense readiness.
    Maritime and Port Resiliency and Security.--The Committee 
recognizes the vast data security threat facing the U.S. 
Maritime/Port sector and the potential consequences of cyber 
intrusions on mission critical infrastructure and operations. 
The Committee urges S&T to continue support for a Maritime/Port 
Resiliency & Security research program to support the design 
and development of tactics, techniques, and procedures for 
effectively responding to critical maritime infrastructure 
threats.
    Research and Prototyping for IED Defeat Program (RAPID).--
The Committee encourages S&T to enhance support for the RAPID 
program, which is used to train bomb squads and technicians on 
critical render safe technologies.
    Semiconductor Technology.--The Committee supports continued 
advanced research using high resolution magnification to 
improve the detection of potential structural defects in 
emerging semiconductor technologies (including microchips, 
light emitting diodes, batteries, and processors) that could 
allow the unintended manipulation of hardware.
    Voting Technology and Election Procedures.--Within the 
resources provided above the request, S&T is highly encouraged 
to fund quality assurance and continuous evaluation research on 
voting technologies and election procedures in cooperation with 
an organization that has not less than a decade of experience 
performing technical audits of statewide elections systems. In 
consultation and coordination with the Elections Assistance 
Commission and CISA, this investment should include the 
development of new tools and training modules to enable states 
and localities to ensure that their election systems are 
secure.
    Water Security Test Bed.--The Committee encourages S&T to 
work with research universities to develop a national testing 
capacity to assess vulnerabilities and mitigate biological 
risks, including COVID-19, in building air and water handling 
systems, multi-building facilities, and waste water systems. 
The Committee supports the development of improved standard 
methods, processes, and protocols for field testing and 
evaluation, as well as operational use guidelines or concepts 
of operation for technologies that rapidly assess indoor 
environments for pathogenic contamination.
    Wildfire Management.--The Committee encourages S&T to apply 
predictive analytics to study wildfire ignition, including the 
application of advanced artificial intelligence and machine 
learning, and to develop new data collection methodologies, 
such as crowd sourcing, as indicators for pinpointing high-risk 
ignition locations in the wildland urban interface.

                          UNIVERSITY PROGRAMS

    The recommendation includes $53,537,000 for University 
Programs, $2,500,000 above the request.
    The Committee underscores the importance of minority 
serving institutions in supporting homeland security related 
science, technology, engineering, and mathematics research, and 
includes $7,657,000, an increase of $2,500,000 above the 
requested level, for the Minority Serving Institutions Program.
    S&T shall notify the Committee of any plan or proposal to 
reduce funding for, diminish the role of,or eliminate Centers 
of Excellence (COEs) prior to taking any action to do so.S&T is 
encouraged to prioritize collaborations with qualified research 
universities to support critical research topics in priority 
areas, including coastal resilience, maritime security, cross-
border threat screening, unmanned systems, counterterrorism, 
emerging analytics, cybersecurity, first responder safety, 
disaster-driven displacement, and critical infrastructure.
    The Committee supports the valuable research providing a 
scientific basis to address the operationally demanding, and 
logistically straining challenges faced by the Coast Guard and 
other DHS missions in the Arctic and its and encourages S&T to 
continue to prioritize work in this region.
    S&T is encouraged to consider expanding the capacity of the 
existing Center of Excellence on Cross-Border Threat Screening 
and Supply Chain Defense to conduct research and analysis 
needed to assess current and emerging risks to U.S. and global 
food systems, and to examine risk mitigating investments by 
firms with global supply chains and the impact of those 
investments on the resilience of food and agricultural supply 
chains.
    The Committee underscores that Emeritus COEs remain 
valuable resources for homeland security science and technology 
solutions and training the next generation of homeland security 
experts. S&T shall report to the Committee not later than 60 
days after the date of enactment of this Act on how DHS is 
leveraging Emeritus COEs to address homeland security 
challenges.

             Countering Weapons of Mass Destruction Office


 
 
 
Appropriation, fiscal year 2021.......................      $402,277,000
Budget request, fiscal year 2022......................       427,461,000
Recommended in the bill...............................       437,461,000
Bill compared with:
    Appropriation, fiscal year 2021...................       +35,184,000
    Budget request, fiscal year 2022..................       +10,000,000
 

                                MISSION

    The Countering Weapons of Mass Destruction Office (CWMD) 
leads DHS efforts to develop and enhance programs and 
capabilities that defend against WMD and combat bio-threats and 
pandemics.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2021.......................      $179,892,000
Budget request, fiscal year 2022......................       157,200,000
Recommended in the bill...............................       162,200,000
Bill compared with:
    Appropriation, fiscal year 2021...................       -17,692,000
    Budget request, fiscal year 2022..................        +5,000,000
 

    The recommendation includes $5,000,000 above the request 
for Medical Information Exchange (MIX) personnel.
    Chief Medical Officer (CMO).--As the primary DHS medical 
authority, the CMO has oversight responsibility for the 
Department's medical and public health policies and operations. 
As such, and consistent with direction in the Explanatory 
Statement accompanying Public Law 116-93, DHS is directed to 
ensure that the CMO reviews all contracts, requests for 
information and proposals, and reviews of bids and offers that 
broadly impact how the Department delivers healthcare services 
to individuals in its custody and to departmental personnel. In 
coordination with operational components, the CMO shall also 
develop departmental requirements for medical services, to 
include professional healthcare system administration; disease 
surveillance, reporting, and outbreak response; and measurable 
performance standards for current and future healthcare record 
systems. The CMO, in conjunction with CBP and ICE leadership, 
is directed to brief the Committee within 90 days of the date 
of enactment of this Act on these efforts.
    It is increasingly clear that a more cohesive strategy is 
necessary to address emergent medical conditions of detainees, 
as well as the health of the Department's workforce. Based on 
lessons learned during the 2019 rise in CBP apprehensions as 
well as the COVID-19 pandemic, the Explanatory Statement 
accompanying Public Law 116-93 directed the Secretary to 
develop a Department-wide medical response strategy for 
emergent circumstances, a responsibility that the Secretary has 
appropriately delegated to the CMO. The Committee notes that a 
provision in title V of the bill is amended to allow the 
Secretary to establish a new executive management office led by 
the CMO to better lead and coordinate the Department's medical 
and public health policies and operations.
    Technical Forensics.--The Committee notes that the bill 
realigns CWMD's technical forensics functions from the O&S 
account to the R&D account, as proposed.
    Visualization Tool.--The Committee encourages CWMD to 
continue its engagement in support of a visualization tool that 
incorporates data from state and local entities to inform 
emergency response, emergency management, and law enforcement 
at all levels of government.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2021......................        $87,413,000
Budget request, fiscal year 2022.....................         71,604,000
Recommended in the bill..............................         76,604,000
Bill compared with:
    Appropriation, fiscal year 2021..................        -10,809,000
    Budget request, fiscal year 2022.................         +5,000,000
 

    The recommendation includes $5,000,000 above the request 
for Medical Information Exchange (MIX) expansion and 
development efforts.
    MIX.--The Committee commends the Department on its progress 
toward implementing an electronic health records system. The 
Department is strongly encouraged to expand its electronic 
health records implementation to other components, in addition 
to ICE and CBP. To address the expansion of health records 
systems to components, the Committee recommends $3,000,000 for 
CBP in title II to address improvements to its health records 
system.

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2021......................        $65,309,000
Budget request, fiscal year 2022.....................         65,709,000
Recommended in the bill..............................         65,709,000
Bill compared with:
    Appropriation, fiscal year 2021..................           +400,000
    Budget request, fiscal year 2022.................              - - -
 

                           FEDERAL ASSISTANCE

 
 
 
Appropriation, fiscal year 2021......................        $69,663,000
Budget request, fiscal year 2022.....................        132,948,000
Recommended in the bill..............................        132,948,000
Bill compared with:
    Appropriation, fiscal year 2021..................        +63,285,000
    Budget request, fiscal year 2022.................              - - -
 

    The recommendation supports the consolidation of BioWatch 
operations into Federal Assistance.

                  Title IV--Administrative Provisions

    Section 401. The Committee continues a provision allowing 
USCIS to acquire, operate, equip, and dispose of up to five 
vehicles under certain scenarios.
    Section 402. The Committee continues a provision limiting 
the use of A-76 competitions by USCIS.
    Section 403. The Committee continues a provision by 
reference requiring USCIS to provide data about its credible 
and reasonable fear processes.
    Section 404. The Committee includes a provision related to 
the collection and use of biometrics.
    Section 405. The Committee continues a provision 
authorizing FLETC to distribute funds for incurred training 
expenses.
    Section 406. The Committee continues a provision directing 
the FLETC Accreditation Board to lead the federal law 
enforcement training accreditation process to measure and 
assess federal law enforcement training programs, facilities, 
and instructors.
    Section 407. The Committee continues a provision allowing 
for the acceptance of funding transfers from other government 
agencies for construction of special use facilities.
    Section 408. The Committee continues a provision 
classifying FLETC instructor staff as inherently governmental 
for certain purposes.
    Section 409. The Committee includes a new provision that 
permits unused fiscal year 2020 and 2021 diversity visas, 
employment visas, and family-based visas to remain available in 
fiscal year 2022 and beyond, until they are used.
    Section 410. The Committee includes a new provision that 
permits issuance of diversity visas to immigrants who would 
have otherwise been issued diversity visas and permitted entry 
into the United States but for executive policies of the prior 
Administration.
    Section 411. The Committee includes a new provision that 
provides the Secretary of Homeland Security with authority to 
make available additional H-2B visas.
    Section 412. The Committee includes a provision authorizing 
the use of the H-2A program for agricultural jobs that are not 
temporary or seasonal in nature.

                      TITLE V--GENERAL PROVISIONS


             (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

    Section 501. The Committee continues a provision limiting 
the availability of appropriations to one year unless otherwise 
expressly provided.
    Section 502. The Committee continues a provision providing 
that unexpended balances of prior-year appropriations may be 
merged with new appropriation accounts and used for the same 
purpose, subject to reprogramming guidelines.
    Section 503. The Committee continues and modifies a 
provision limiting authority to reprogram funds within an 
appropriation above a specified threshold unless the Department 
provides notification to the Committees on Appropriations at 
least 15 days in advance; and providing authority to transfer 
not more than 5 percent out of an appropriation and to augment 
an appropriation by not more than 10 percent, with a 
requirement for a 30-day advance notification. A detailed 
funding table identifying each congressional control level for 
reprogramming purposes is included at the end of this report.
    All DHS components shall comply with these reprogramming 
and transfer requirements. In addition, the Department shall 
submit reprogramming and transfer notifications on a timely 
basis and provide complete explanations of the proposed 
reprogramming and transfer actions, including detailed 
justifications for the increases and offsets, and any specific 
impacts the proposed changes will have on the budget request 
for the following fiscal year and future-year appropriations 
requirements. Each notification submitted to the Committees 
shall include a detailed table showing the proposed revisions 
at the account, program, project, and activity level to the 
funding and full-time equivalent levels for the fiscal year 
funded by this Act and the levels requested in the President's 
budget for the following fiscal year.
    The Department shall manage its programs and activities 
within the levels appropriated and should only submit 
reprogramming or transfer notifications in cases of 
unforeseeable and compelling circumstances that could not have 
been predicted by the Department when formulating the budget 
request for the budget year or foreseen by Congress when 
appropriating funds. When the Department submits a 
reprogramming or transfer notification and does not receive 
identical responses from the House and the Senate Committees, 
it is expected to reconcile the House and the Senate 
differences before proceeding.
    The Department is not to submit a notification for a 
reprogramming or transfer of funds after June 30 except in 
extraordinary circumstances that imminently threaten the safety 
of human life or the protection of property.
    De-obligated funds are also subject to the reprogramming 
and transfer guidelines and requirements set forth in this 
section.
    Section 504. The Committee continues by reference a 
provision prohibiting funds appropriated or otherwise made 
available to the Department to make payment to the Working 
Capital Fund (WCF), except for activities and amounts proposed 
in the President's fiscal year 2022 budget request. Funds 
provided to the WCF are available until expended. The 
Department may only charge components for services directly 
provided through the WCF and may only use such funds for 
purposes intended by the contributing component. Any funds paid 
in advance or for reimbursement must reflect the full cost of 
each service. The Department shall submit a notification to the 
Committees prior to adding a new activity to the fund or 
eliminating an existing activity from the fund. For activities 
added to the fund, such notifications shall detail the source 
of funds by account, program, project, and activity level. In 
addition, the Department shall submit quarterly WCF execution 
reports to the Committees that include activity-level detail.
    Section 505. The Committee continues and modifies a 
provision providing that not to exceed 75 percent of 
unobligated balances from prior-year appropriations for each 
Operations and Support appropriation, of which 67 percent shall 
have two fiscal years of availability for the purpose for which 
it was appropriated and 33 percent can be transferred to the 
``Information Technology Modernization Fund''.
    Section 506. The Committee continues and modifies a 
provision that deems intelligence activities to be specifically 
authorized during the current fiscal year until the enactment 
of an Act authorizing intelligence activities for the current 
fiscal year.
    Section 507. The Committee continues a provision requiring 
notification to the Committees at least three days before DHS 
executes or announces grant allocations, grant awards, contract 
awards (including contracts covered by the Federal Acquisition 
Regulation), other transaction agreements, letters of intent, 
or a task or delivery order on multiple award contracts 
totaling more than $1,000,000; a task or delivery order greater 
than $10,000,000 from multi-year funds; or sole-source grant 
awards. Notifications shall include a description of projects 
or activities to be funded and their location, including city, 
county, and state.
    Section 508. The Committee continues a provision 
prohibiting all agencies from purchasing, constructing, or 
leasing additional facilities for federal law enforcement 
training without advance notification to the Committees.
    Section 509. The Committee continues a provision 
prohibiting the use of funds for any construction, repair, 
alteration, or acquisition project for which a prospectus, if 
required under chapter 33 of title 40, United States Code, has 
not been approved.
    Section 510. The Committee continues a provision that 
consolidates by reference prior-year statutory provisions 
related to a contracting officer's technical representative 
training and the use of funds in conformance with section 303 
of the Energy Policy Act of 1992.
    Section 511. The Committee continues a provision 
prohibiting the use of funds in contravention of the Buy 
American Act.
    Section 512. The Committee continues a provision regarding 
the oath of allegiance required by section 337 of the 
Immigration and Nationality Act.
    Section 513. The Committee continues and modifies a 
provision prohibiting DHS from using funds in this Act to use 
reorganization authority, with a specified exception.
    Section 514. The Committee continues a provision 
prohibiting funds for planning, testing, piloting, or 
developing a national identification card.
    Section 515. The Committee continues a provision directing 
that any official required by this Act to report or certify to 
the Committees on Appropriations may not delegate such 
authority unless expressly authorized to do so in this Act.
    Section 516. The Committee continues a provision 
prohibiting funds in this Act to be used for first-class 
travel.
    Section 517. The Committee continues a provision 
prohibiting funds appropriated or otherwise made available by 
this Act to pay for award or incentive fees for contractors 
with below satisfactory performance or performance that fails 
to meet the basic requirements of the contract.
    Section 518. The Committee continues a provision 
prohibiting the use of funds to enter into a federal contract 
that does not meet the requirements of the Federal Property and 
Administrative Services Act of 1949 or chapter 137 of title 10 
U.S.C.; and the Federal Acquisition Regulation unless the 
contract is otherwise authorized by statute without regard to 
this section.
    Section 519. The Committee continues a provision requiring 
DHS computer systems to block electronic access to pornography, 
except for law enforcement purposes.
    Section 520. The Committee continues a provision regarding 
the transfer of firearms by federal law enforcement personnel.
    Section 521. The Committee continues and modifies a 
provision regarding funding restrictions and reporting 
requirements related to conferences occurring outside of the 
United States.
    Section 522. The Committee continues a provision 
prohibiting funds to reimburse any federal department or agency 
for its participation in a National Special Security Event.
    Section 523. The Committee continues and modifies a 
provision requiring a notification, including justification 
materials, prior to implementing any structural pay reform that 
affects more than 100 full-time positions or costs more than 
$5,000,000.
    Section 524. The Committee continues a provision directing 
the Department to post reports required by the Committees on 
Appropriations on a public website unless public posting 
compromises homeland or national security or contains 
proprietary information.
    Section 525. The Committee continues a provision 
authorizing minor procurement, construction, and improvements 
under ``Operations and Support'' appropriations, as specified.
    Section 526. The Committee continues by reference a 
provision to authorize DHS to fund out of existing 
discretionary appropriations the expenses of primary and 
secondary schooling of eligible dependents in areas of U.S. 
territories that meet certain criteria.
    Section 527. The Committee continues a provision extending 
other transaction authority for the Department through the 
fiscal year funded by this Act.
    Section 528. The Committee continues a provision regarding 
access to detention facilities by members of Congress and their 
designated staff.
    Section 529. The Committee continues a provision 
prohibiting the use of funds to use restraints on pregnant 
detainees in DHS custody except in certain circumstances.
    Section 530. The Committee continues and modifies a 
provision prohibiting the use of funds for the destruction of 
records related to detainees in custody and requires that such 
records be provided to detainees, as specified.
    Section 531. The Committee continues a provision 
prohibiting funds for a Principal Federal Official during a 
declared disaster or emergency under the Stafford Act, with 
certain exceptions.
    Section 532. The Committee includes a new provision related 
to requests for law enforcement support.
    Section 533. The Committee includes a new provision that 
prohibits the denial of immigration benefits when solely based 
on grounds related to cannabis use.
    Section 534. The Committee includes a new provision 
providing additional amounts for the construction of land ports 
of entry.
    Section 535. The Committee includes a provision rescinding 
unobligated balances from specified sources.

    APPROPRIATIONS CAN BE USED ONLY FOR THE PURPOSES FOR WHICH MADE

    Title 31 of the United States Code makes clear that 
appropriations can be used only for the purposes for which they 
were appropriated as follows:
    Section 1301. Application.
    (a) Appropriations shall be applied only to the objects for 
which the appropriations were made except as otherwise provided 
by law.

              House of Representatives Report Requirements

    The following items are included in accordance with various 
requirements of the Rules of the House of Representatives.


         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII off the Rules of 
the House of Representatives, the following is a statement of 
general performance goals and objectives for which this measure 
authorizes funding:
    The Committee on Appropriations considers program 
performance, including a program's success in developing and 
attaining outcome-related goals and objectives, in developing 
funding recommendations.

                          RESCISSION OF FUNDS

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following table is submitted 
describing the rescissions recommended in the accompanying 
bill:

------------------------------------------------------------------------
                   Account/Activity                       Rescissions
------------------------------------------------------------------------
Office of the Secretary and Executive Secretary,                  21,650
 Operations and Support (O&S) (70 X 0100)............
Office of the Undersecretary for Management (70 X                  1,810
 0112)...............................................
Management Directorate, Office of the Chief                   12,628,523
 Information Officer and Operations (70 X 0113)......
Customs and Border Protection (CBP), Procurement,          2,168,776,000
 Construction, and Improvements (PC&I)...............
CBP, Border Security Fencing, Infrastructure, and             24,339,000
 Technology (70 X 0533)..............................
CBP, PC&I (P.L. 116-260) (FY21)......................         10,000,000
CBP, PC&I (70 X 0532)................................          6,161,000
CBP, Construction and Facility Improvements (P.L. 115-         4,500,000
 141)................................................
CBP, O&S (70 X 0530).................................              6,999
Immigration and Customs Enforcement (ICE), Border and              8,456
 Transportation Security, INS (70 X 0504)............
ICE, Violent Crime Reduction Program (70 X 8598).....                503
Transportation Security Agency (TSA), Expenses (70 X               7,006
 0508)...............................................
TSA, Federal Air Marshals (70 X 0541)................             11,412
TSA, Surface Transportation Security (70 X 0551).....                311
TSA, Intelligence and Vetting (70 X 0557)............          5,308,328
TSA, Research and Development (70 X 0553)............              41.41
TSA, Transportation Security Support (70 X 0554).....            322,105
Coast Guard, PC&I (P.L. 116-93)......................         65,000,000
Coast Guard, Acquisition, Construction, and                   21,000,000
 Improvements (P.L. 115-141).........................
Cybersecurity and Infrastructure Security Agency,                457,920
 Operating Expenses (70 X 0900)......................
Federal Emergency Management Agency (FEMA), State and            199,690
 Local Programs (70 X 0560)..........................
FEMA, Administrative and Regional Operations,                      1,670
 Emergency Preparedness and Response (70 X 0712).....
FEMA, Operations and Support (70 X 0700).............            115,138
FEMA, Predisaster Mitigation Fund (70 X 0716)........          3,000,000
U.S. Citizenship and Immigration Service, O&S (70 X            1,243,822
 0300)...............................................
Countering Weapons of Mass Destruction Office,                   350,656
 Research and Development (70 X 0860)................
Management Directorate Office of Biometric Identity                8,000
 Management (70 X 0521)..............................
------------------------------------------------------------------------

                           TRANSFER OF FUNDS

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following is submitted describing 
the transfer of funds recommended in the accompanying bill:
    In title I, under ``Office of the Secretary and Executive 
Management--Federal Assistance'', language is included to 
transfer $35,000,000 to ``Federal Emergency Management Agency--
Federal Assistance''.
    In title II, under ``U.S. Customs and Border Protection--
Operations and Support'', language is included allowing for the 
transfer of not to exceed $5,000,000 to the Bureau of Indian 
Affairs.
    In title II, under ``U.S. Immigration and Customs 
Enforcement--Federal Assistance'', language is included to 
transfer $100,000,000 to ``Federal Emergency Management 
Agency--Operations and Support''.
    In title II, section 211 includes language permitting the 
transfer of up to $100,000,000 to specified components of the 
Department of the Interior and to the U.S. Forest Service of 
the Department of Agriculture.
    In title III, under ``Federal Emergency Management Agency--
Federal Assistance'', language is included to transfer 
$2,500,000 to ``Federal Emergency Management Agency--Operations 
and Support''.
    In title III, section 311 includes language transferring 
$14,000,000 to the Office of Inspector General.
    In title V, section 503 includes language permitting the 
transfer of up to 5 percent of each appropriation in the bill 
to one or more other appropriations in the bill, while limiting 
the augmentation of each appropriation to not more than 10 
percent of the original amount appropriated.
    In title V, section 505 includes language permitting up to 
30 percent of ``Operations and Support'' appropriations that 
would otherwise expire at the end of the fiscal year funded by 
this Act to be transferred to the Department of Homeland 
Security Information Technology Modernization Fund, to remain 
available through the end of the third fiscal year following 
such transfer.
    In title V, section 506 includes language permitting the 
transfer of funds appropriated for the activities of the Office 
of Intelligence and Analysis to ``Management Directorate--
Operations and Support'' up to the amount by which such 
appropriations exceed the level authorized for such office by 
an Act authorizing intelligence activities for the fiscal year 
funded by this Act.

   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

    The following table is submitted in compliance with clause 
9 of rule XXI and lists the congressional earmarks (as defined 
in paragraph (e) of clause 9) contained in the bill or in this 
report. Neither the bill nor the report contain any limited tax 
benefits or limited tariff benefits as defined in paragraphs 
(f) or (g) of clause 9 of rule XXI.

                                                                    HOMELAND SECURITY
                                                            [Community Project Funding Items]
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Agency                          Account                 Recipient                Project                 Amount             Requestor
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA..............................  Federal Assistance: Pre-    Town of North         Ten-Mile River Dredging           $1,500,000  Auchincloss
                                     Disaster Mitigation.        Attleborough.         Project to Mitigate
                                                                                       Flooding.
FEMA..............................  Federal Assistance: Pre-    Town of Somerset....  Somerset Emergency Dam              $975,000  Auchincloss
                                     Disaster Mitigation.                              Improvements.
FEMA..............................  Federal Assistance: Pre-    Port of Portland....  Port of Portland                  $3,750,000  Blumenauer
                                     Disaster Mitigation.                              Seismically Resilient
                                                                                       Runway.
FEMA..............................  Federal Assistance: Pre-    City of Astoria.....  Astoria Pre-Disaster                $676,875  Bonamici
                                     Disaster Mitigation.                              Landslide Storm Drainage
                                                                                       Project.
FEMA..............................  Federal Assistance: Pre-    City of Alton.......  Alton, Illinois Flood             $2,456,370  Bost
                                     Disaster Mitigation.                              Relief and Recovery.
FEMA..............................  Federal Assistance: Pre-    Town of Longboat Key  Town of Longboat Key                $350,000  Buchanan
                                     Disaster Mitigation.                              Flooding Mitigation
                                                                                       Request.
FEMA..............................  Federal Assistance: Pre-    The City of Cedar     The City of Cedar Park's            $750,000  Carter (TX)
                                     Disaster Mitigation.        Park.                 Rachettes Sections 2 and
                                                                                       3, Phase II Stormwater
                                                                                       Mitigation Project.
FEMA..............................  Federal Assistance: Pre-    Glynn County Board    Johnson Rocks Revetment           $2,925,000  Carter (GA)
                                     Disaster Mitigation.        of Commissioners.     Project.
FEMA..............................  Federal Assistance: Pre-    Town of Arlington...  Mystic and Charles                  $562,500  Clark (MA)
                                     Disaster Mitigation.                              Regional Coastal Flood
                                                                                       Interventions Project.
FEMA..............................  Federal Assistance: Pre-    City of Woburn......   Hurld Park Green                   $196,875  Clark (MA)
                                     Disaster Mitigation.                              Infrastructure Project.
FEMA..............................  Federal Assistance: Pre-    Prince William        Community Climate Change            $950,000  Connolly
                                     Disaster Mitigation.        County Government.    Impact Analysis.
FEMA..............................  Federal Assistance: Pre-    Harris County Flood   Westador Stormwater               $8,250,000  Crenshaw
                                     Disaster Mitigation.        Control District.     Detention Basin.
FEMA..............................  Federal Assistance: Pre-    Harris County Flood   TC Jester Storm water             $9,950,000  Crenshaw
                                     Disaster Mitigation.        Control District.     Detention Basin Project.
FEMA..............................  Federal Assistance: Pre-    WaterOne............  Backup Engine Generator           $4,837,500  Davids (KS)
                                     Disaster Mitigation.                              for WaterOne.
FEMA..............................  Federal Assistance: Pre-    Harris County Flood   Meyergrove Detention              $9,950,000  Fletcher
                                     Disaster Mitigation.        Control District.     Basin.
FEMA..............................  Federal Assistance: Pre-    Monroe County.......  Twin Lakes Subdivision            $5,484,300  Gimenez
                                     Disaster Mitigation.                              Pre-Disaster Mitigation
                                                                                       project.
FEMA..............................  Federal Assistance: Pre-    Hidalgo County        North Main Drain                  $3,706,267  Gonzalez, Vicente
                                     Disaster Mitigation.        Drainage District     Expansion Project.
                                                                 No. 1.
FEMA..............................  Federal Assistance: Pre-    Vermilion Parish....  Vermillion Safe Room.....         $5,250,000  Higgins (LA)
                                     Disaster Mitigation.
FEMA..............................  Federal Assistance: Pre-    Harris County Texas.  Stormwater Detention              $9,950,000  Jackson Lee
                                     Disaster Mitigation.                              Basin and Culvert
                                                                                       Improvement.
FEMA..............................  Federal Assistance: Pre-    New York State        Fresh Creek Tide Gates,             $800,000  Jeffries
                                     Disaster Mitigation.        Department of         Brooklyn, NY.
                                                                 Homeland Security
                                                                 and Emergency
                                                                 Services.
FEMA..............................  Federal Assistance: Pre-    The Hoh Tribe.......  Hoh Tribe Relocation              $1,650,000  Kilmer
                                     Disaster Mitigation.                              Development.
FEMA..............................  Federal Assistance: Pre-    City of Hoquiam.....  Aberdeen-Hoquiam Flood            $9,950,000  Kilmer
                                     Disaster Mitigation.                              Protection Project.
FEMA..............................  Federal Assistance: Pre-    City of Chino Hills.  Citywide Fuel Reduction..           $565,000  Kim (CA)
                                     Disaster Mitigation.
FEMA..............................  Federal Assistance: Pre-    City of Elroy.......  City of Elroy Electrical            $525,000  Kind
                                     Disaster Mitigation.                              Substation Renovation.
FEMA..............................  Federal Assistance: Pre-    Gadsen County.......  Gadsden County W.S.               $4,669,171  Lawson (FL)
                                     Disaster Mitigation.                              Stevens High School
                                                                                       Disaster Shelter.
FEMA..............................  Federal Assistance: Pre-    City of Alameda.....  Veteran's Court Seawall..         $1,500,000  Lee (CA)
                                     Disaster Mitigation.
FEMA..............................  Federal Assistance: Pre-    City of St. Clair     St. Clair Shores Pump               $248,625  Levin (MI)
                                     Disaster Mitigation.        Shores.               Station.
FEMA..............................  Federal Assistance: Pre-    City of Boston......  Design & Permitting for           $1,650,000  Lynch
                                     Disaster Mitigation.                              Open Space and
                                                                                       Resiliency Improvements
                                                                                       Project in Joe Moakley
                                                                                       Park.
FEMA..............................  Federal Assistance: Pre-    City of Hopewell....  Cattail Creek Crossing              $750,000  McEachin
                                     Disaster Mitigation.                              Improvements Project.
FEMA..............................  Federal Assistance: Pre-    City of Newburyport.  City of Newburyport               $2,250,000  Moulton
                                     Disaster Mitigation.                              Bulkhead Renovation
                                                                                       Project.
FEMA..............................  Federal Assistance: Pre-    Town of Nederland...  Big Springs Emergency               $525,000  Neguse
                                     Disaster Mitigation.                              Egress.
FEMA..............................  Federal Assistance: Pre-    Pinal County........  Pinal County Christensen            $506,250  O'Halleran
                                     Disaster Mitigation.                              Road and Lower Magma
                                                                                       Drainage improvements.
FEMA..............................  Federal Assistance: Pre-    Borough of Keyport..  Firemans Park Bulkhead              $450,000  Pallone
                                     Disaster Mitigation.                              Improvement Project.
FEMA..............................  Federal Assistance: Pre-    City of Poway,        Hazardous Tree Removal              $187,500  Peters
                                     Disaster Mitigation.        Public Works          Mitigation Project.
                                                                 Department.
FEMA..............................  Federal Assistance: Pre-    City of Chelsea       Island End River Area               $750,000  Pressley
                                     Disaster Mitigation.        Department of         Flood Resilience
                                                                 Housing and           Project--City of
                                                                 Community             Everett, City of Chelsea.
                                                                 Development.
FEMA..............................  Federal Assistance: Pre-    Town of Wake Forest.  Wake Forest Reservoir Dam         $2,175,000  Price (NC)
                                     Disaster Mitigation.                              Repairs.
FEMA..............................  Federal Assistance: Pre-    Mount Sinai Medical   Mount Sinai Medical               $7,650,580  Salazar
                                     Disaster Mitigation.        Center.               Center Infrastructure
                                                                                       Hardening and Resiliency
                                                                                       Project.
FEMA..............................  Federal Assistance: Pre-    Village of Arlington  Village of Arlington                $600,000  Schakowsky
                                     Disaster Mitigation.        Heights.              Heights--Race & Chicago
                                                                                       Avenue Storm Water
                                                                                       Detention.
FEMA..............................  Federal Assistance: Pre-    Lake County           Dady Slough Flood Storage         $3,000,000  Schneider
                                     Disaster Mitigation.        Stormwater            and Wetland Enhancement
                                                                 Management            Project.
                                                                 Commission.
FEMA..............................  Federal Assistance: Pre-    City of Zion........  Zion Stormwater                     $720,435  Schneider
                                     Disaster Mitigation.                              Management Project.
FEMA..............................  Federal Assistance: Pre-    City of North         North Chicago Storm Sewer         $7,796,558  Schneider
                                     Disaster Mitigation.        Chicago.
FEMA..............................  Federal Assistance: Pre-    City of Frederick...  City of Frederick Motter            $534,977  Trone
                                     Disaster Mitigation.                              Avenue Area Community
                                                                                       Flood Mitigation Project.
FEMA..............................  Federal Assistance: Pre-    Lake County           Sylvan Lake Dam                   $1,342,500  Underwood
                                     Disaster Mitigation.        Stormwater            Modifications.
                                                                 Management
                                                                 Commission.
FEMA..............................  Federal Assistance: Pre-    Atlantic County       Lake Lenape Dam Flood             $4,600,000  Van Drew
                                     Disaster Mitigation.        Improvement           Mitigation.
                                                                 Authority.
FEMA..............................  Federal Assistance:         Beth Medrash Govoha   Beth Medrash Govoha                 $150,000  Smith (NJ)
                                     Nonprofit Security Grants.  of America.           Nonprofit Security Grant.
FEMA..............................  Federal Assistance:         City of Redlands....  City of Redlands                    $712,500  Aguilar
                                     Emergency Operations                              Emergency Operations
                                     Center Grants.                                    Center Improvement
                                                                                       Project.
FEMA..............................  Federal Assistance:         Chestnuthill          Shared West End Emergency         $1,000,000  Cartwright
                                     Emergency Operations        Township.             Services Facility.
                                     Center Grants.
FEMA..............................  Federal Assistance:         Hawai'i Emergency     Hawaii State Emergency            $1,000,000  Case
                                     Emergency Operations        Management Agency.    Operations Center in
                                     Center Grants.                                    Mililani First Responder
                                                                                       Tech Campus.
FEMA..............................  Federal Assistance:         Yancey County.......  Yancey County--EOC.......           $150,000  Cawthorn
                                     Emergency Operations
                                     Center Grants.
FEMA..............................  Federal Assistance:         Cherokee County.....  Cherokee County--EOC.....           $131,250  Cawthorn
                                     Emergency Operations
                                     Center Grants.
FEMA..............................  Federal Assistance:         Zapata County.......  Zapata County Emergency           $1,000,000  Cuellar
                                     Emergency Operations                              Operations Center.
                                     Center Grants.
FEMA..............................  Federal Assistance:         Town of North         North Branford Emergency          $1,000,000  DeLauro
                                     Emergency Operations        Branford              Operations Center.
                                     Center Grants.              Connecticut.
FEMA..............................  Federal Assistance:         Franklin County       Franklin County Emergency         $1,000,000  Dunn
                                     Emergency Operations        Florida Board of      Operations Center.
                                     Center Grants.              Commissioners.
FEMA..............................  Federal Assistance:         Noxubee County Board  Noxubee County Emergency          $1,000,000  Guest
                                     Emergency Operations        of Supervisors.       Operations Center.
                                     Center Grants.
FEMA..............................  Federal Assistance:         Jackson County Board  Jackson County Emergency            $262,500  Hinson
                                     Emergency Operations        of Supervisors.       Operations Center.
                                     Center Grants.
FEMA..............................  Federal Assistance:         Lake County Board of  Lake County Emergency             $1,000,000  Joyce (OH)
                                     Emergency Operations        Commissioners.        Operations Center.
                                     Center Grants.
FEMA..............................  Federal Assistance:         Onondaga County--     Onondaga County Emergency         $1,000,000  Katko
                                     Emergency Operations        Department of         Operations Center.
                                     Center Grants.              Emergency
                                                                 Management.
FEMA..............................  Federal Assistance:         Cayuga County Office  Cayuga County Emergency              $75,000  Katko
                                     Emergency Operations        of Emergency          Operations Center.
                                     Center Grants.              Services.
FEMA..............................  Federal Assistance:         Western Illinois      Western Illinois                  $1,000,000  LaHood
                                     Emergency Operations        University.           Emergency Operations
                                     Center Grants.                                    Center.
FEMA..............................  Federal Assistance:         City of Roswell.....  City of Roswell--911              $1,000,000  McBath
                                     Emergency Operations                              Emergency Communications
                                     Center Grants.                                    Call Center.
FEMA..............................  Federal Assistance:         Gerald R Ford         Gerald R. Ford                    $1,000,000  Meijer
                                     Emergency Operations        International         International Airport
                                     Center Grants.              Airport.              Emergency Operations
                                                                                       Center (EOC).
FEMA..............................  Federal Assistance:         Gilpin County Office  Gilpin County Emergency             $138,557  Neguse
                                     Emergency Operations        of Emergency          Operations Center.
                                     Center Grants.              Management.
FEMA..............................  Federal Assistance:         City of Walla Walla.  Walla Walla Relocate E911         $1,000,000  Newhouse
                                     Emergency Operations                              Emergency Telecom.
                                     Center Grants.
FEMA..............................  Federal Assistance:         Pinal County........  Pinal County Emergency              $187,500  O'Halleran
                                     Emergency Operations                              Operations Center.
                                     Center Grants.
FEMA..............................  Federal Assistance:         Wake County.........  Wake County Emergency             $1,000,000  Ross
                                     Emergency Operations                              Operations Center.
                                     Center Grants.
FEMA..............................  Federal Assistance:         City of Huntington    City of Huntington Park,          $1,000,000  Roybal-Allard
                                     Emergency Operations        Park.                 Emergency Operations
                                     Center Grants.                                    System.
FEMA..............................  Federal Assistance:         Lake County.........  Lake County Combined EOC.         $1,000,000  Schneider
                                     Emergency Operations
                                     Center Grants.
FEMA..............................  Federal Assistance:         Haines City, Florida  Haines City Fire                    $750,000  Soto
                                     Emergency Operations                              Department Services.
                                     Center Grants.
FEMA..............................  Federal Assistance:         City of Santa Rosa..  City of Santa Rosa--              $1,000,000  Thompson (CA)
                                     Emergency Operations                              Permanent Emergency
                                     Center Grants.                                    Operations Center.
FEMA..............................  Federal Assistance:         City of Rialto......  City of Rialto Emergency            $862,500  Torres (CA)
                                     Emergency Operations                              Operations Center.
                                     Center Grants.
FEMA..............................  Federal Assistance:         The Resilience,       East 132nd Street Pier            $1,000,000  Torres (NY)
                                     Emergency Operations        Education,            Park Waterfront Plan.
                                     Center Grants.              Training, and
                                                                 Innovation (RETI)
                                                                 Center.
FEMA..............................  Federal Assistance:         City of Brownsville.  Brownsville Emergency             $1,000,000  Vela
                                     Emergency Operations                              Operations Center.
                                     Center Grants.
FEMA..............................  Federal Assistance:         City of Allentown...  City of Allentown Fire              $129,596  Wild
                                     Emergency Operations                              Department Emergency
                                     Center Grants.                                    Operations Center.
FEMA..............................  Federal Assistance:         Wauconda Fire         Emergency Operations                 $36,000  Underwood
                                     Emergency Operations        Department.           Center Generator
                                     Center Grants.                                    Replacement.
--------------------------------------------------------------------------------------------------------------------------------------------------------

          Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that the 
accompanying bill does not propose to repeal or amend a statute 
or part thereof.

 Compliance With Rule XIII, Clause 3(f)(1) (Changes in the Application 
                            of Existing Law)

    Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of 
the House of Representatives, the Committee has inserted at the 
appropriate place in the report a description of the effects of 
provisions proposed in the accompanying bill which may be 
considered, under certain circumstances, to change the 
application of existing law, either directly or indirectly.
    The bill provides, in some instances, funding of agencies 
and activities where legislation has not yet been finalized. In 
addition, the bill carries language, in some instances, 
permitting activities not authorized by law. Additionally, the 
Committee includes a number of administrative and general 
provisions.

    TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND 
                               OVERSIGHT


            Office of the Secretary and Executive Management


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for the 
operations and support of the Office of the Secretary and for 
the executive management offices, including for official 
reception and representation expenses.

                           FEDERAL ASSISTANCE

                     (INCLUDING TRANSFERS OF FUNDS)

    The Committee includes language providing funds for federal 
assistance and language to transfer those funds to the Federal 
Emergency Management Agency for administration. The Committee 
provides two-year availability of funds for certain activities; 
direction on how the funds should be awarded; and direction on 
how services provided with the funds should be delivered.

                         Management Directorate


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including funds for electric vehicles 
and official reception and representation expenses.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds, with 
availability for three or five years, for procurement, 
construction, and improvements.

                       FEDERAL PROTECTIVE SERVICE

    The Committee includes language making funds available 
until expended for the operations of the Federal Protective 
Service.

          Intelligence, Analysis, and Operations Coordination


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for the 
Office of Intelligence and Analysis and the Office of 
Operations Coordination, including funding for official 
reception and representation expenses, as well as funds for 
facility needs associated with secure space at fusion centers. 
The Committee provides two-year availability of funds for 
certain activities.

                      Office of Inspector General


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for the 
Office of Inspector General, including certain confidential 
operational expenses such as the payment of informants.

                       Administrative Provisions

    Language requiring a report on grants or contracts awarded 
by means other than full and open competition and requiring the 
Inspector General to review such grants or contracts and report 
the results to the Committees.
    Language requiring the Chief Financial Officer to submit 
monthly budget and staffing reports.
    Language requiring the Secretary to link all contracts that 
provide award fees to successful acquisition outcomes.
    Language requiring the Secretary to notify the Committees 
of any proposed transfers from the Department of Treasury 
Forfeiture Fund.
    Language related to official costs of the Secretary and 
Deputy Secretary for official travel.
    Language requiring the Under Secretary for Management to 
submit quarterly acquisition reports containing specified 
information.
    Language prohibiting the use of funds to implement certain 
pilot programs unless the Secretary fulfills certain 
requirements and reports to the Committees on the results of 
such pilots upon their conclusions.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS


                   U.S. Customs and Border Protection


                         OPERATIONS AND SUPPORT

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee includes language making funds available for 
operations and support, including funds for the transportation 
of unaccompanied minor aliens; air and marine assistance to 
other law enforcement agencies and humanitarian efforts; 
purchase or lease of vehicles; maintenance, and procurement of 
marine vessels, aircraft, and unmanned aircraft systems; 
contracting with individuals for personal services abroad; 
Harbor Maintenance Fee collections; customs officers; official 
reception and representation expenses; Customs User Fee 
collections; payment of rental space in connection with 
preclearance operations; and compensation of informants. 
Provides the authority to transfer funds to the Bureau of 
Indian Affair. Committee provides two-year availability of 
funds for certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements, to include 
procurements to buy, maintain, or operate aircraft and unmanned 
aircraft systems. The Committee provides three-year and five-
year availability of funds for these activities.

                U.S. Immigration and Customs Enforcement


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses, overseas vetted units, and the 
operation and maintenance necessary to sustain the daily 
effectiveness of equipment and facilities. The Committee 
includes language making funds available for special 
operations; compensation to informants; the reimbursement of 
other federal agencies for certain costs; the purchase or lease 
of vehicles; maintenance, minor construction, and minor 
improvements of owned and leased facilities; the enforcement of 
child labor laws; paid apprenticeships for the Human 
Exploitation Rescue Operations Corps; and the investigation of 
intellectual property rights violations. The Committee 
specifies a funding level for civil immigration enforcement, 
detention, transportation of unaccompanied minor aliens, and to 
effectuate the safe return of aliens or their release to 
nonprofit organizations with capacity to provide shelter and 
other services, and for case management services. The Committee 
includes language making funds available for official reception 
and representation expenses; conducting special undercover 
investigative operations; awards for compensation to 
informants; and to reimburse other Federal agencies for the 
costs associated with the care, maintenance, and repatriation 
of aliens. Committee provides two-year availability of funds 
for certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, renovation, and improvements to 
include funds for facilities repair and maintenance projects. 
The Committee provides three-year and five-year availability of 
funds for these activities.

                           FEDERAL ASSISTANCE

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee includes language providing funds for federal 
assistance and language to transfer those funds to the Federal 
Emergency Management Agency for administration. The Committee 
provides three-year availability of funds; direction on how the 
funds should be awarded; and direction on how services provided 
with the funds should be delivered.

                 Transportation Security Administration


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses, and establishes conditions under 
which security fees are collected and credited. The Committee 
provides two-year availability of funds for these activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides three-year availability of funds for these activities.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development. The Committee provides two-year 
availability of funds for these activities.

                              Coast Guard


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for the 
operations and support of the Coast Guard, including funds for 
official reception and representation expenses; passenger motor 
vehicles; purchase and lease of small boats; repairs and 
service life-replacements; purchase, lease, or improvement of 
boats for overseas deployments; special pay allowances; 
recreation and welfare; environmental compliance and 
restoration; museum artifacts; and defense-related activities. 
The Committee includes language authorizing funds to be derived 
from the Oil Spill Liability Trust Fund. The Committee provides 
two-year, three-year, and five-year availability of funds for 
certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for the 
procurement, construction, and improvements, including of aids 
to navigation, shore facilities, vessels, and aircraft. The 
Committee includes language authorizing funds to be derived 
from the Oil Spill Liability Trust Fund and the Coast Guard 
Housing Fund. The Committee provides five-year availability of 
funds for these purposes.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development, and for maintenance, rehabilitation, 
lease, and operation of related facilities and equipment. The 
Committee includes language authorizing funds to be derived 
from the Oil Spill Liability Trust Fund, and authorizing funds 
received from state and local governments, other public 
authorities, private sources, and foreign countries to be 
credited to this account and used for certain purposes. The 
Committee provides three-year availability of funds for these 
purposes.

                              RETIRED PAY

    The Committee includes language providing funds for retired 
pay and medical care for the Coast Guard's retired personnel 
and their dependents and makes these funds available until 
expended.

                      United States Secret Service


                         OPERATIONS AND SUPPORT

    The Committee includes language that provides funds for 
operations and support, to include funds for the purchase and 
replacement of vehicles; hire of passenger motor vehicles and 
aircraft; purchase of motorcycles; rental of certain buildings; 
improvements to buildings as may be necessary for protective 
missions; firearms matches; presentation of awards; behavioral 
research; advance payment for commercial accommodations; per 
diem and subsistence allowances; official reception and 
representation expenses; grant activities related to missing 
and exploited children investigations; premium pay; and 
technical assistance and equipment provided to foreign law 
enforcement organizations. The Committee provides for two-year 
availability of funds for certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides three-year availability of funds for these purposes.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development. The Committee provides two-year 
availability of funds for these purposes.

                       Administrative Provisions

    Language regarding overtime compensation.
    Language allowing CBP to sustain or increase operations in 
Puerto Rico and the U.S. Virgin Island with appropriated funds.
    Language regarding the availability of fee revenue 
collected from certain arriving passengers.
    Language allowing CBP access to certain reimbursements for 
preclearance activities.
    Language regarding the importation of prescription drugs by 
an individual for personal use.
    Language regarding waivers of the Jones Act.
    Language prohibiting DHS from establishing a border 
crossing fee.
    Language prohibiting the obligation of funds prior to the 
submission of an expenditure plan for funds made available for 
``U.S. Customs and Border Protection--Procurement, 
Construction, and Improvements''.
    Language prohibiting the construction of physical barriers 
in certain areas.
    Language providing the authority to use certain funds for 
COVID-19 testing and sheltering.
    Language prohibiting the use of funds for the 287(g) task 
force model and for agreements with law enforcement agencies if 
there is a determination they have violated the civil rights or 
liberties of an individual who was subsequently the subject of 
287(g) immigration enforcement activity, unless the Secretary 
determines the violation is not part of a pattern or practice 
or that remediation steps have been taken.
    Language prohibiting the use of funds provided under the 
heading ``U.S. Immigration and Customs Enforcement--Operations 
and Support'' to contract for detention services if the 
facility receives less than ``adequate'' ratings in two 
consecutive performance evaluations.
    Language requiring ICE to provide statistics about its 
detention population.
    Language requiring ICE to provide information and 
statistics about the 287(g) program.
    Language related to information sharing between ICE and the 
Office Refugee Resettlement (ORR) that prohibits ICE from using 
information for removal purposes if it was provided by as part 
of a process of sponsoring an unaccompanied alien child or 
reuniting a child with a family member or if it is based on 
information gathered in therapy sessions for child while in 
ORR.
    Language ensuring aliens' access to legal counsel and know 
your rights presentations for specified legal proceedings and 
requiring the Secretary and the Officer for Civil Rights and 
Civil Liberties to certify that such requirements have been 
met.
    Language that prohibits ICE from removing individuals with 
a pending Violence Against Women Act (VAWA), U-visa, T-visa, or 
juvenile special immigration visa application or a pending 
appeal of a denial related to such visas.
    Language requiring the Secretary to approve a risk 
classification assessment process to determine whether a 
detained individual is a flight risk or a threat to public 
safety or national security.
    Language focusing Homeland Security Investigations 
activities on functions that are not redundant to ICE's civil 
immigration enforcement operations.
    Language establishing that the allowance paid to detained 
individuals for work performed in detention facilities may not 
be less than the local prevailing minimum wage.
    Language clarifying that certain elected and appointed 
officials are not exempt from federal passenger and baggage 
screening.
    Language directing the deployment of explosives detection 
systems based on risk and other factors.
    Language authorizing TSA to use funds from the Aviation 
Security Capital Fund for the procurement and installation of 
explosives detection systems or for other purposes authorized 
by law.
    Language requiring a report from TSA on capital 
investments, technology investment and integrated passenger 
screening technology.
    Language prohibiting funds made available by this Act under 
the heading ``Coast Guard--Operations and Support'' for 
recreational vessel expenses, except to the extent fees are 
collected from owners of yachts and credited to this 
appropriation.
    Language allowing up to $10,000,000 to be reprogrammed to 
or from Military Pay and Allowances within ``Coast Guard--
Operations and Support'' and $10,000,000 between other 
categories in ``Coast Guard--Operations and Support''.
    Language requiring submission a future-years capital 
investment plan.
    Language allowing for allocation of enduring overseas 
mission funds.
    Language allowing for the use of the Coast Guard Housing 
Fund.
    Language allowing the Secret Service to obligate funds in 
anticipation of reimbursement for personnel receiving training.
    Language prohibiting funds made available to the Secret 
Service for the protection of the head of a federal agency 
other than the Secretary of Homeland Security, except when the 
Director has entered into a reimbursable agreement for such 
protection services.
    Language regarding the reprogramming of funds within 
``United States Secret Service--Operations and Support''.
    Language allowing for funds made available for ``United 
States Secret Service--Operations and Support'' to be available 
for travel of employees on protective missions without regard 
to limitations on such expenditures in this or any other Act 
after notification to the Committees on Appropriations.
    Language allowing for the use of funds for family 
reunification purposes.
    Language prohibiting the collection of certain towing 
vessel fees.

      TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY


            Cybersecurity and Infrastructure Security Agency


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses. The Committee provides for two-
year availability of funds for certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides three-year availability of funds for these purposes 
and withholds funding pending submission of a plan.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development. The Committee provides two-year 
availability of funds for these purposes.

                CYBERSECURITY RESPONSE AND RECOVERY FUND

    The Committee includes language providing funds for cyber 
response and recovery. The Committee makes funding available 
until expended. The Committee provides direction on eligible 
expenses of the funds; the conditions upon which funding may 
become available; and that the funding is available in addition 
to any other amounts for such purposes.

                  Federal Emergency Management Agency


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides three- and five -year availability of funds for these 
purposes including allowing for funds to be used to purchase 
land adjacent to the Center for Domestic Preparedness.

                           FEDERAL ASSISTANCE

    The Committee includes language providing funds for grants, 
contracts, cooperative agreements, and other activities, 
including for terrorism prevention; public transportation and 
railroad security; port security; firefighter assistance; 
emergency management; flood hazard mapping and risk analysis; 
emergency food and shelter; regional catastrophic planning; 
rehabilitation of high hazard dams; community project funding; 
education, training, exercises, and technical assistance; and 
other programs. The Committee provides two-year availability of 
funds for certain purposes.

                          DISASTER RELIEF FUND

    The Committee includes language making funds available 
until expended for the Disaster Relief Fund.

                     NATIONAL FLOOD INSURANCE FUND

    The Committee includes language making funds available for 
mission support associated with flood management and programs 
and activities under the National Flood Insurance Fund, 
including flood plain management and flood mapping. The 
Committee includes provisions making funds available for 
interest on Treasury borrowings and limiting amounts available 
for operating expenses, commissions and taxes of agents, and 
flood mitigation activities associated with the National Flood 
Insurance Act of 1968. The Committee includes language 
permitting additional fees collected to be credited as an 
offsetting collection and available for floodplain management; 
providing that not to exceed four percent of the total 
appropriation is available for administrative cost; and making 
funds available for the Flood Insurance Advocate.

                       ADMINISTRATIVE PROVISIONS

    Language making ``Cybersecurity and Infrastructure Security 
Agency--Operations and Support'' funding available for a 
cybersecurity competition.
    Language requiring reporting on unfunded CISA priorities.
    Language requiring reporting of obligations under 
``Cybersecurity and Infrastructure Security Agency--Cyber 
Response and Recovery Fund''.
    Language requiring a plan describing federal civilian 
department and agency cybersecurity investment requirements.
    Language limiting expenses for the administration of 
grants.
    Language specifying timeframes for certain grant 
applications and awards.
    Language requiring a five-day advance notification for 
certain grant awards under ``Federal Emergency Management 
Agency--Federal Assistance''.
    Language authorizing the use of certain grant funds for the 
installation of communications towers.
    Language requiring the submission of a monthly Disaster 
Relief Fund report.
    Language allowing the Administrator of FEMA to grant 
waivers from specified requirements of section 34 of the 
Federal Fire Prevention and Control Act of 1974
    Language providing for amounts from the Disaster Relief 
Fund to be available for the Building Resilient Infrastructure 
and Communities grant program and to the OIG.
    Language providing for the receipt and expenditure of fees 
collected for the Radiological Emergency Preparedness Program, 
as authorized by Public Law 105-276.
    Language allowing the Administrator of FEMA to grant 
waivers from specified requirements of section 33 of the 
Federal Fire Prevention and Control Act of 1974.
    Language adjusting the cost share for major disasters 
declared in 2020.
    Language cancelling remaining balances of certain FEMA 
loans.

        TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES


               U.S. Citizenship and Immigration Services


                         OPERATIONS AND SUPPORT

    The Committee includes language making funds available for 
operations and support for the E Verify program; application 
processing; the refugee program; and official reception and 
representation expenses. The Committee provides two-year 
availability of funds for certain activities and includes 
language that funds are in addition to fee funding that is 
available for the same purposes.

                           FEDERAL ASSISTANCE

    The Committee includes language making funds available for 
the Citizenship and Integration Grant Program.

                Federal Law Enforcement Training Centers


                         OPERATIONS AND SUPPORT

    The Committee includes language making funds available for 
operations and support, including for official reception and 
representation expenses and purchase of police-type vehicles. 
The Committee provides two-year availability of funds for 
certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements to include 
acquisition of necessary additional real property and 
facilities, construction and ongoing maintenance, facility 
improvements and related expenses The Committee provides five-
year availability of funds for these activities.

                   Science and Technology Directorate


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including the purchase or lease of 
vehicles and official reception and representation expenses. 
The Committee provides two-year availability of funds for 
certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides five-year availability of funds for these activities.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development. The Committee provides three-year 
availability of funds for these activities.

             Countering Weapons of Mass Destruction Office


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including official reception and 
representation expenses. The Committee provides two-year 
availability of funds for certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides three-year availability of funds for these activities.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development. The Committee provides three-year 
availability of funds for these activities.

                           FEDERAL ASSISTANCE

    The Committee includes language providing funds for federal 
assistance through grants, contracts, cooperative agreements, 
and other activities. The Committee provides three-year 
availability of funds for these activities.

                       Administrative Provisions

    Language allowing USCIS to acquire, operate, equip, and 
dispose of up to five vehicles under certain scenarios.
    Language limiting the use of A-76 competitions by USCIS.
    Language requiring USCIS to provide data about its credible 
and reasonable fear processes.
    Language related to the collection and use of biometrics.
    Language authorizing FLETC to distribute funds to federal 
law enforcement agencies for incurred training expenses.
    Language directing the FLETC Accreditation Board to lead 
the federal law enforcement training accreditation process for 
measuring and assessing federal law enforcement training 
programs, facilities, and instructors.
    Language allowing for the acceptance of funding transfers 
from other government agencies for the construction of special 
use facilities.
    Language classifying FLETC instructor staff as inherently 
governmental for purposes of the Federal Activities Inventory 
Reform Act of 1998.
    Language permitting certain unused visas from fiscal years 
2020 and 2021 to remain available in fiscal year 2022 and 
beyond.
    Language permitting the issuance of diversity visas to 
certain immigrants.
    Language making available additional H-2B visas.
    Language making available H-2A visas for certain 
agricultural jobs.

                      TITLE V--GENERAL PROVISIONS

    Language limiting the availability of appropriations to one 
year unless otherwise expressly provided.
    Language providing authority to merge unexpended balances 
of prior year appropriations with new appropriations accounts 
for the same purpose.
    Language limiting the authority to reprogram funds within 
an appropriation above a specified threshold unless the 
Committees are notified in advance and language authorizing 
limited transfers of funds among appropriations accounts.
    Language prohibiting funds appropriated or otherwise made 
available to the Department to make payments to the Working 
Capital Fund (WCF), except for activities and amounts allowed 
in the President's budget request; making funds provided to the 
WCF available until expended; restricting the Department from 
charging components for services not directly provided through 
the WCF, or for the purposes intended by the contributing 
component; requiring funds paid by components in advance or for 
reimbursement to reflect the full cost of each service; 
requiring the submission of a notification prior to adding a 
new activity to the fund detailing the source of funds by 
account, program, project, and activity level; requiring the 
submission of a notification prior to eliminating an existing 
activity from the fund; and requiring the Department to submit 
quarterly WCF execution reports to the Committees that include 
activity-level detail.
    Language providing authority regarding the availability and 
uses for prior year balances for O&S accounts.
    Language deeming intelligence activities to be specifically 
authorized during the budget year until the enactment of an Act 
authorizing intelligence activities for that year.
    Language requiring a specified notification to the 
Committees at least three days before DHS executes or announces 
grant allocations; grant awards; contract awards, including 
contracts covered by the Federal Acquisition Regulation; other 
transaction agreements; letters of intent; a task or delivery 
order on multiple award contracts totaling $1,000,000 or more; 
a task or delivery order greater than $10,000,000 from multi-
year funds; or sole-source grant awards.
    Language prohibiting all agencies from purchasing, 
constructing, or leasing additional facilities for federal law 
enforcement training without advance notification to the 
Committees.
    Language prohibiting the use of funds for any construction, 
repair, alteration, or acquisition project for which a 
prospectus, if required under chapter 33 of title 40, United 
States Code, has not been approved.
    Language continuing by reference prior-year statutory 
provisions related to a contracting officer's technical 
representative training, sensitive security information, and 
the use of funds in conformance with section 303 of the Energy 
Policy Act of 1992.
    Language prohibiting the use of funds in contravention of 
the Buy American Act.
    Language prohibiting the use of funds to amend the oath of 
allegiance required by section 337 of the Immigration and 
Nationality Act.
    Language prohibiting DHS from using funds to carry out 
reorganization authority, with exception.
    Language prohibiting the use of funds for planning, 
testing, piloting, or developing a national identification 
card.
    Language prohibiting any official required by this Act to 
provide a report or make a certification to the Committees on 
Appropriations from delegating such authority unless expressly 
authorized to do so in this Act.
    Language prohibiting funds in this Act from being used for 
first-class travel.
    Language prohibiting the use of funds appropriated or 
otherwise made available in this Act to pay award or incentive 
fees for contractors with a below satisfactory performance or a 
performance that fails to meet the basic requirements of the 
contract.
    Language prohibiting the use of funds to enter into a 
federal contract unless the contract meets the requirements of 
the Federal Property and Administrative Services Act of 1949 or 
chapter 137 of title 10 U.S.C., and the Federal Acquisition 
Regulation, unless the contract is otherwise authorized by 
statute without regard to this section.
    Language requiring that DHS computer systems block 
electronic access to pornography, except for law enforcement 
purposes.
    Language prohibiting the use of funds by federal law 
enforcement personnel to transfer operable firearms to certain 
individuals except under certain conditions.
    Language restricting funds for travel and requiring 
reporting related to conferences occurring outside of the 
United States.
    Language prohibiting funds to reimburse any federal 
department or agency for its participation in a National 
Special Security Event.
    Language requiring a notification, including justification 
materials, prior to implementing any structural pay reform that 
affects more than 100 full-time positions or costs more than 
$5,000,000.
    Language directing the Department to post on a public 
website reports required by the Committees on Appropriations 
unless public posting compromises homeland or national security 
or contains proprietary information.
    Language authorizing minor procurement, construction, and 
improvements using Operations and Support appropriations, as 
specified.
    Language authorizing DHS to use existing discretionary 
appropriations for the primary and secondary schooling expense 
of eligible dependents in areas and territories that meet 
certain criteria.
    Language continuing the availability of other transaction 
authority.
    Language prohibiting the use of funds to limit access to 
detention facilities by members of Congress and their 
designated staff.
    Language prohibiting the use of funds to use restraints on 
pregnant detainees in DHS custody except in certain 
circumstances.
    Language prohibiting the use of funds for the destruction 
of records related to detainees in custody and requires that 
such records be provided to detainees, as specified.
    Language continuing by reference and modifying a 
prohibition on the use of funds for a Principal Federal 
Official during a declared disaster or emergency under the 
Stafford Act, with certain exceptions.
    Language related to requests for law enforcement support.
    Language protecting against the denial of immigration 
benefits solely based on grounds related to cannabis.
    Language providing funds for construction and modernization 
of land ports of entry.
    Language rescinding unobligated balances from specified 
sources.

                  APPROPRIATIONS NOT AUTHORIZED BY LAW

    Pursuant to clause 3(f)(1) of rule XIII of the House of 
Representatives, the following table lists the appropriations 
in the accompanying bill that are not authorized by law:

                                                     FY 2022 Schedule of Unauthorized Appropriations
                                                       [Gross Discretionary--Dollars in thousands]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Last Year of                                  Appropriation in Last Year   Appropriations in
                      Agency/Program                        Authorization        Authorized Level              of Authorization            this bill
--------------------------------------------------------------------------------------------------------------------------------------------------------
Customs and Border Protection, Operations and Support....         \1\2004                 \2\$3,083,259                 \3\$4,396,750     \4\$13,562,809
Customs and Border Protection, International Cargo                \5\2010                       153,300                       162,000       \6\3,482,925
 Screening...............................................
Customs and Border Protection, Customs-Trade Partnership     \7\2010/2012                 75,600/21,000              \8\62,612/44,979       \9\3,329,836
 Against Terrorism (C TPAT)..............................
Customs and Border Protection, Automated Targeting               \10\2010                        37,485                        34,560        \11\273,932
 Systems.................................................
Customs and Border Protection, Automated Commercial              \12\2018                       153,736                           N/A        \13\299,746
 Environment.............................................
Customs and Border Protection, Air and Marine                    \14\2004                       175,000                       240,200        \15\327,464
 Interdiction, Operations, Maintenance, and Procurement..
Immigration and Customs Enforcement, Operations and             \16\2003/           4,131,811/1,399,592         \18\3,032,094/\19\N/A      \20\7,820,275
 Support.................................................        \17\2004
Immigration and Customs Enforcement, Procurement,                \16\2003                           N/A                       693,969             51,700
 Construction, and Improvements..........................
Transportation Security Administration, Operations and           \21\2020                     7,888,494                           N/A      \22\8,072,443
 Support.................................................
Transportation Security Administration, EDS/ETD Systems..        \23\2007                       400,000                       110,100        \24\137,492
Transportation Security Administration, Surface                  \25\2020                     Such sums                       169,513            170,186
 Transportation Security, National Explosives Detection
 Canine Team Program.....................................
Transportation Security Administration, Transportation           \26\2005                     Such sums                   \27\115,000        \28\123,606
 Threat Assessment and Credentialing.....................
Transportation Security Administration, Federal Air              \29\2007                        83,000                       764,643        \30\754,069
 Marshal Service.........................................
Transportation Security Administration Law Enforcement           \31\2020                        55,000                        46,392             46,392
 Officer Reimbursement Program...........................
United States Coast Guard, Operations and Support........        \32\2021                 8,396,169,475                     8,485,146          9,144.070
United States Coast Guard, Procurement, Construction, and        \32\2021                     3,312,114                     2,264,041          1,817,100
 Improvements............................................
United States Coast Guard, Research and Development......        \32\2021                        14,000                        10,276             12,476
Cybersecurity and Infrastructure Security Agency,                \33\2012                     Such sums                   \34\888,243      \35\2,336,500
 Operations and Support..................................
FEMA, Salaries and Expenses..............................        \36\2010                       375,342                       797,650      \37\1,262,966
FEMA, Integrated Public Alert and Warning System (IPAWS).        \38\2018                     Such sums                           N/A             11,670
FEMA, State and Local Programs
    Port Security Grants.................................        \39\2013                       400,000                       250,000            110,000
    Public Transportation Security Grants................        \40\2011                     1,108,000                       250,000            110,000
        Amtrak Security..................................        \41\2011                       175,000                        20,000             10,000
        Over the Road Bus Security.......................        \42\2011                        25,000                         5,000              3,000
    National Domestic Preparedness Consortium............        \43\2011                        25,500                           N/A            101,000
Center for Domestic Preparedness.........................        \46\2011                        66,000                           N/A             67,538
FEMA, Urban Search and Rescue Response System............        \44\2008                        45,000                        36,700             37,832
FEMA, Emergency Management Performance Grants............        \45\2022                       950,000                       355,000            365,000
FEMA, Emergency Food and Shelter.........................        \46\1994                       188,000                           N/A            140,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\P.L. 107-210, Sec. 311
\2\P.L. 107-210 authorized what was formerly U. S. Customs Service (does not include Border Patrol).
\3\U.S. Customs Service operations only (does not include Border Patrol).
\4\Funding recommended for fiscal year 2022 is for the U.S. Customs and Border Protection, Operations and Support appropriation. This is not a true
  comparison to the legacy ``Salaries and Expenses'' appropriation.
\5\P.L. 109-347, Sec. 205(m)
\6\Funding recommended for fiscal year 2022 is for the ``Domestic Operations'' and ``International Operations'' sub-PPAs within the ``Trade and Travel
  Operations'' PPA. This is not a true comparison to the legacy ``International Cargo Screening'' PPA.
\7\P.L. 109-347, Sec. 223(a) authorized operations for fiscal year 2010 and personnel through fiscal year 2012.
\8\Funding provided for fiscal year 2010 and for fiscal year 2012 include personnel and operations.
\9\This is not a true comparison to the legacy ``Customs-Trade Partnership Against Terrorism (C-TPAT)'' PPA. These funds have been realigned to the
  ``Domestic Operations'' sub-PPA within the ``Trade and Travel Operations'' PPA.
\10\P.L. 109-347, Sec. 203(g)
\11\This is not a true comparison to the legacy ``Automated Targeting Systems'' PPA. These funds have been realigned to the ``Targeting Operations'' sub-
  PPA within the ``Trade and Travel Operations'' PPA.
\12\P.L. 114-125, Sec. 106 requires that funding shall not be less than this amount.
\13\This is not a true comparison to the legacy ``Automated Commercial Environment'' PPA; however, the preponderance of these funds were realigned into
  the ``Office of Trade'' sub-PPA within the ``Trade and Travel Operations'' PPA.
\14\P.L. 107-210, Sec. 311
\15\These funds have been realigned to the ``Air and Marine Operations'' sub-PPA that exists both within the ``Integrated Operations'' PPAs.
\16\Immigration and Naturalization Service--some investigations, and detention and removals only, P.L. 107-273, Sec. 102(12)
\17\Customs Service noncommercial operations, P.L. 107-210, Sec. 311(a) (19 U.S.C. 2075(b)(1))
\18\Includes $2,862,094,000 from fiscal year 2003 Immigration and Naturalization Service--Salaries and Expenses, P.L. 108-7, and $170,000,000 included
  in the fiscal year 2003 Wartime Supplemental Appropriations Act, P.L. 108-11.
\19\There was no fiscal year 2004 appropriation for the U.S. Customs Service.
\20\Funding recommended for fiscal year 2022 is for U. S. Immigration and Customs Enforcement, Operations and Support. This is not a true comparison to
  the legacy ``Salaries and Expenses'' appropriation.
\21\P.L. 115-254 Sec. 1903 Reauthorized TSA Activities for ``salaries, operations and maintenance'', but did not specifically authorize the current
  account structure. construction and improvements.
\22\Recommended funding is the total for TSA ``Operations and Support'' appropriation.
\23\P.L. 108-458, Sec. 4019
\24\These funds have been realigned to the ``Aviation Screening Infrastructure'' PPA within the ``Procurement, Construction, and Improvements''
  appropriation and to the ``Research and Development'' appropriation.
\25\P.L. 115-254, Sec. 1971
\26\P.L. 107-71, Sec. 101
\27\Includes the Maritime and Land Security PPA and Credentialing Activities PPA.
\28\Funding recommended for fiscal year 2022 is for the ``Other Operations and Enforcement, Vetting Programs'' and ``Other Operations and Enforcement,
  Intelligence and TSOC'' sub-PPAs within the ``Operations and Support'' appropriation, and the ``Infrastructure for Other Operations, Vetting
  Programs'' sub-PPA within the Procurement, Construction, and Improvements appropriation.
\29\P.L. 108-458, Sec. 4016
\30\Funding for the Federal Air Marshals Service is in the ``Other Operations and Enforcement, In-Flight Security'' sub-PPA. The recommended funding
  level is for that sub-PPA.
\31\P.L. 115-254, Sec 1935
\32\P.L. 16-283, Sec 8001, Sec. 202
\33\Critical infrastructure protection, cybersecurity, and other related programs, P.L. 110-53, Sec. 541 (note, the ``National Protection and Programs
  Directorate'' is now known as the ``Cybersecurity and Infrastructure Security Agency'', as authorized in P.L. 115-278, Sec. 2 (6 U.S.C. 651 et.
  seq.)).
\34\Infrastructure Protection and Information Security activities in P.L. 112-74.
\35\Represents funding that would traditionally be categorized as defense that is recommended for the Cybersecurity and Infrastructure Security Agency.
\36\P.L. 109-295, Sec. 699
\37\Funding recommended for fiscal year 2022 is for Federal Emergency Management Agency, Operations and Support. This is not a true comparison to the
  legacy ``Salaries and Expenses'' appropriation.
\38\P.L. 114-143, Sec. 2(c)
\39\P.L. 109-347, Sec. 112
\40\P.L. 110-53
\41\P.L. 110-53, Sec. 1514(d)
\42\6 U.S.C. 1182
\43\P.L. 110-53, Sec. 1204, 6 U.S.C 762
\44\P.L. 109-295, Sec. 634 , 6 U.S.C. 722
\45\P.L. 110-53, Sec. 201, 6 U.S.C. 763
\46\P.L. 102-550, Sec. 1431



                          PROGRAM DUPLICATION

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, no provision of this bill establishes 
or reauthorizes a program of the Federal Government known to be 
duplicative of another federal program, a program that was 
included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                           COMMITTEE HEARINGS

    For the purposes of clause 3(c)(6) of rule XIII of the 
117th Congress--
    The following hearings were used to develop or consider the 
Department of Homeland Security Appropriations Act, 2022:
    The Subcommittee on Homeland Security held an oversight 
hearing on May 20, 2021, entitled ``Department of Homeland 
Security Resource Management and Operational Priorities.'' The 
Subcommittee received testimony from:
    The Honorable Alejandro Mayorkas, Secretary, Department of 
Homeland Security.
    The Subcommittee on Homeland Security held an oversight 
hearing on May 20, 2021, entitled ``Member Day.'' The 
Subcommittee received testimony from:
    The Honorable Jeff Van Drew, Member of Congress.
    The Honorable Pat Fallon, Member of Congress.
    The Honorable Sheila Jackson Lee, Member of Congress.
    The Subcommittee on Homeland Security held an oversight 
hearing on May 19, 2021, entitled ``U.S. Customs and Border 
Protection Resource Management and Operational Priorities.'' 
The Subcommittee received testimony from:
    Troy Miller, Senior Official Performing the Duties of the 
Commissioner, U.S. Customs and Border Protection.
    The Subcommittee on Homeland Security held an oversight 
hearing on May 13, 2021, entitled ``U.S. Immigration and 
Customs Enforcement Resource Management and Operational 
Priorities.'' The Subcommittee received testimony from:
    Tae D. Johnson, Acting Director, U.S. Immigration and 
Customs Enforcement.
    The Subcommittee on Homeland Security held an oversight 
hearing on May 6, 2021, entitled ``United States Secret 
Service.'' The Subcommittee received testimony from:
    James Murray, Director, United States Secret Service.
    The Subcommittee on Homeland Security held an oversight 
hearing on May 5, 2021, entitled ``TSA: Pandemic and Post-
Pandemic Implications for Budget and Operations.'' The 
Subcommittee received testimony from:
    Darby Lajoye, Senior Official Performing the Duties of 
Administrator, Transportation Security Administration.
    The Subcommittee on Homeland Security held an oversight 
hearing on April 28, 2021, entitled ``Coast Guard Readiness.'' 
The Subcommittee received testimony from:
    Admiral Karl L. Schultz, Commandant of the United States 
Coast Guard.
    The Subcommittee on Homeland Security held an oversight 
hearing on March 24, 2021, entitled ``Targeted Violence and 
Terrorism Prevention.'' The Subcommittee received testimony 
from:
    John Cohen, Assistant Secretary for Counterterrorism and 
Emerging Threats, Department of Homeland Security.
    John Picarelli, Director of the Office of Targeted Violence 
and Terrorism Prevention, Department of Homeland Security.
    Richard Aborn, President, Citizens Crime Commission of New 
York City.
    Tyler Cote, Director and Co-Founder, Operation250.
    Sammy Rangel, Executive Director and Co-Founder, Life After 
Hate.
    The Subcommittee on Homeland Security held an oversight 
hearing on March 17, 2021, entitled ``DHS Management 
Challenges.'' The Subcommittee received testimony from:
    Michael Chertoff, Former Secretary, Department of Homeland 
Security.
    Jeh Johnson, Former Secretary, Department of Homeland 
Security.
    The Subcommittee on Homeland Security held an oversight 
hearing on March 16, 2021, entitled ``The Role of FEMA and 
Emergency Management in COVID-19 Response.'' The Subcommittee 
received testimony from:
    Bob Fenton, Senior Official Performing the Duties of FEMA 
Administrator, Federal Emergency Management Agency.
    Curtis Brown, State Coordinator and Co-Founder, Virginia 
Department of Emergency Management and Institute for Diversity 
and Inclusion in Emergency Management.
    Mark Ghilarducci, Director, California Governor's Office of 
Emergency Services.
    Kevin McGowan, Director, Los Angeles County Office of 
Emergency Management.
    Patrick Sheehan, Director, Tennessee Emergency Management 
Agency.
    The Subcommittee on Homeland Security held an oversight 
hearing on March 10, 2021, entitled ``Modernizing the Federal 
Civilian Approach to Cybersecurity.'' The Subcommittee received 
testimony from:
    Brandon Wales, Acting Director, Cybersecurity and 
Infrastructure Security Agency.
    Eric Goldstein, Executive Assistant Director, Cybersecurity 
Division, Cybersecurity and Infrastructure Security Agency.

                    DETAILED EXPLANATIONS IN REPORT

    The following table contains detailed funding 
recommendations at the program, project, and activity (PPA) 
level.



                             MINORITY VIEWS

    We thank the Chairs of the Full Committee and Subcommittee 
for their continued and shared support for many of the programs 
critical to securing our nation. We endorse the funding levels 
that are proposed in this bill for the Cybersecurity and 
Infrastructure Security Agency, the Transportation Security 
Administration, the Secret Service, and the Federal Emergency 
Management Agency.
    However, we have serious objections and concerns about the 
bill because of the insufficient allocation provided to the 
subcommittee and the many misguided policies supported by the 
current Administration. In its current form, we cannot support 
the bill.
    With more than 180,000 people illegally crossing our 
southwest border monthly, we must address the immigration 
crisis. Unfortunately, this bill does not provide the resources 
for the men and women at the Department to effectively 
implement the law and fulfill their missions. In the absence of 
a strong Department of Homeland Security we fear the situation 
will only get worse. If this bill is enacted, the Department 
will be incapable of responding to the immigration crisis at 
the southwest border and protect the country.
    The bill before us completely disregards the bicameral, 
bipartisan conference agreement signed just 7 months ago by 
rescinding all prior year border wall funds. We are perpetually 
taking one step forward and two steps back, and rescinding 
these funds puts into question every single agreement we craft 
in producing these bills every year.
    Further, the policies of this administration and the 
provisions in this bill to prohibit the simple enforcement of 
our existing immigration laws is most certainly a cause of the 
illegal migration surge. We cannot continue to embolden the 
cartels and transnational criminal organizations by limiting 
immigration enforcement. These criminal networks will continue 
to take advantage of these misguided policies by perpetuating 
the myth that the border is open and will continue trafficking 
more and more drugs and people into the United States, 
increasing the profits for the cartels while posing a real 
danger to our communities.
    In an effort to improve the bill to address our concerns, 
we offered amendments to preserve funds provided in enacted 
laws for constructing a wall along the Southwest Border; to 
increase funds for Operation Stonegarden to help law 
enforcement agencies in border communities work with Customs 
and Border Patrol to rescue and apprehend migrants abandoned by 
the cartels; to increase funds for the United States Coast 
Guard to recapitalize their cutter fleets to meet today's 
mission requirements; to make the E-Verify program 
authorization permanent; to allow Immigration and Customs 
Enforcement officers to enforce the basic immigration laws on 
the books; and to spare Customs and Border Protection from 
having to publish their border security surveillance technology 
information on a public website. None of these amendments were 
adopted.
    We are committed to ensuring the Federal government and the 
Department of Homeland Security meet their responsibilities to 
the American people. We remain optimistic that we will be able 
to work together to address these issues and funding 
requirements in a bill that we can support.
                                   Kay Granger.
                                   Chuck Fleischmann.