House Report 117-87 - DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2022

[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

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

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.