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Title II — Security, enforcement, and investigations

H.R. 7669 · 116th Congress · Jul 20, 2020 · Lineage

II Security, enforcement, and investigations

Sec. 201

Section 201 of the Department of Homeland Security Appropriations Act, 2018 (division F of Public Law 115–141), related to overtime compensation limitations, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act, except that “fiscal year 2021” shall be substituted for “fiscal year 2018”.

Sec. 202

Funding made available under the headings “U.S. Customs and Border Protection—Operations and Support” and “U.S. Customs and Border Protection—Procurement, Construction, and Improvements” shall be available for customs expenses when necessary to maintain operations and prevent adverse personnel actions in Puerto Rico and the U.S. Virgin Islands, in addition to funding provided by section 740 and 1406i of title 48, United States Code.

Sec. 203

As authorized by section 601(b) of the United States-Colombia Trade Promotion Agreement Implementation Act (Public Law 112–42), fees collected from passengers arriving from Canada, Mexico, or an adjacent island pursuant to section 13031(a)(5) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be available until expended.

Sec. 204

(a)
For an additional amount for “U.S. Customs and Border Protection—Operations and Support”, $31,000,000, to remain available until expended, to be reduced by amounts collected and credited to this appropriation in fiscal year 2021 from amounts authorized to be collected by section 286(i) of the Immigration and Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114–25), or other such authorizing language.
(b)
To the extent that amounts realized from such collections exceed $31,000,000, those amounts in excess of $31,000,000 shall be credited to this appropriation, to remain available until expended.

Sec. 205

None of the funds made available in this Act for U.S. Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply: Provided further, That the prescription drug may not be—
(1)
a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); or
(2)
a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C. 262).

Sec. 206

Notwithstanding any other provision of law, none of the funds provided in this or any other Act shall be used to approve a waiver of the navigation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, for the transportation of crude oil distributed from and to the Strategic Petroleum Reserve until the Secretary of Homeland Security, after consultation with the Secretaries of the Departments of Energy and Transportation and representatives from the United States flag maritime industry, takes adequate measures to ensure the use of United States flag vessels: Provided, That the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives within 2 business days of any request for waivers of navigation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, with respect to such transportation, and the disposition of such requests.

Sec. 207

(a)
Beginning on the date of enactment of this Act, the Secretary of Homeland Security shall not—
(1)
establish, collect, or otherwise impose any new border crossing fee on individuals crossing the Southern border or the Northern border at a land port of entry; or
(2)
conduct any study relating to the imposition of a border crossing fee.
(b)
In this section, the term “border crossing fee” means a fee that every pedestrian, cyclist, and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the Southern border or the Northern border at a land port of entry.

Sec. 208

Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit an expenditure plan for any amounts made available for “U.S. Customs and Border Protection—Procurement, Construction, and Improvements” in this Act and prior Acts to the Committees on Appropriations of the Senate and the House of Representatives: Provided, That no such amounts may be obligated prior to the submission of such plan.

Sec. 209

(a)
Of the total amount made available under “U.S. Customs and Border Protection—Procurement, Construction, and Improvements”, $897,547,000 shall be available only as follows:
(1)
$593,110,000 for the acquisition and deployment of border security technologies and trade and travel assets and infrastructure;
(2)
$127,399,000 for facility construction and improvements;
(3)
$124,409,000 for integrated operations assets and infrastructure; and
(4)
$32,629,000 for mission support and infrastructure.
(b)
Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the Comptroller General of the United States an updated risk-based plan for improving security along the borders of the United States that includes the elements required under subsection (a) of section 231 of division F of the Consolidated Appropriations Act, 2018 (Public Law 115–141), which shall be evaluated in accordance with subsection (b) of such section.

Sec. 210

Federal funds may not be made available for the construction of fencing—
(1)
within the Santa Ana Wildlife Refuge;
(2)
within the Bentsen-Rio Grande Valley State Park;
(3)
within La Lomita Historical park;
(4)
within the National Butterfly Center;
(5)
within or east of the Vista del Mar Ranch tract of the Lower Rio Grande Valley National Wildlife Refuge;
(6)
within historic cemeteries;
(7)
within any site on the National Register of Historic Places;
(8)
within any real property owned by the Sacred Heart Children’s Home in Laredo, Texas;
(9)
within the Lower Rio Grande Valley National Wildlife Refuge; or
(10)
within 1 mile of historic sites along the Los Caminos del Rio Heritage Corridor.

Sec. 212

(a)
No Federal funds may be used for the construction of physical barriers within the jurisdictional limits of a city or the geographical limits or of a census designated place described in subsection (d).
(b)
Subsection (a) shall not apply if the Secretary of Homeland Security has –—
(1)
issued a notice for public comment on the proposed construction of barriers for a comment period of not fewer than 60 days;
(2)
published in the Federal Register its responses to the comments received along with its plans for construction in the areas identified in the notice to which it is responding not later than 90 days following the end of such comment period; and
(3)
consulted with the local elected officials of such city or place regarding the design and alignment of physical barriers within such city or place (as the case may be), including barriers at or adjacent to ports of entry.
(c)
The consultation required under subsection (b)(3) shall continue until September 30, 2021, unless agreement on design and alignment is reached earlier, but may be extended beyond that date by agreement of the parties.
(d)
The cities and census designated places described in this subsection are as follows:
(1)
The cities of:
(A)
Laredo, Texas;
(B)
Rio Bravo, Texas;
(C)
El Cenizo, Texas;
(D)
Zapata, Texas;
(E)
Roma, Texas;
(F)
Escobares, Texas;
(G)
Rio Grand City, Texas;
(H)
La Grulla, Texas; and
(2)
The census designated places of:
(A)
San Ygnacio, Texas;
(B)
Ramireño, Texas;
(C)
Chapeno, Texas;
(D)
Salineño, Texas;
(E)
Fronton, Texas; and
(F)
Garceño, Texas.

Sec. 213

None of the funds provided under the heading “U.S. Immigration and Customs Enforcement—Operations and Support” may be used to continue a delegation of law enforcement authority authorized under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland Security Inspector General or the U.S. Government Accountability Office determines that the terms of the agreement governing the delegation of authority have been materially violated.

Sec. 214

(a)
None of the funds provided under the heading “U.S. Immigration and Customs Enforcement—Operations and Support” may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than “adequate” or the equivalent median score in any subsequent performance evaluation system.
(b)
Beginning not later than January 1, 2021, the performance evaluations referenced in subsection (a) shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility.

Sec. 215

No Federal funds may be used to place in detention, remove, refer for a decision whether to initiate removal proceedings, or initiate removal proceedings against any individual—
(1)
who provides or has provided information to a federal employee or contractor related to facilitating the sponsorship of an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) or the reunification of such child with a family member; or
(2)
based on information gathered in therapy sessions conducted while in the custody of the Office of Refugee Resettlement.

Sec. 216

Not later than 45 days after the date of enactment of this Act, the Director of U.S. Immigration and Customs Enforcement shall submit to the Committees on Appropriations of the Senate and the House of Representatives, and make available on a publicly accessible website, a report describing agreements pursuant to section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) which shall include —
(1)
detailed information relating to the community outreach activities of each participating jurisdiction pursuant to such agreement, including the membership and activities of any community-based steering committee established by such jurisdiction;
(2)
the number of individuals placed into removal proceedings pursuant to each such agreement;
(3)
data on the performance of the officers or employees of a State or political subdivision thereof under each such agreement, including the nationality and level of criminality of the individuals described in paragraph (2); and
(4)
information relating to any future plans to increase the number of such agreements or expand the scope of such agreements through the introduction of new operations pursuant to such section.

Sec. 217

Not later than 7 days after the date of enactment of this Act and updated semimonthly thereafter, the Director of U.S. Immigration and Customs Enforcement shall make available a report, on a publicly accessible website in a downloadable, searchable, and sortable format, with not less than the previous twelve months of semimonthly data as of the last date of each such reporting period; on—
(1)
aliens detained by such agency, including data disaggregated by single adults and members of family units, as well as by whether the individual self-identifies as transgender, on—
(A)
the average fiscal year-to-date daily populations of aliens detained;
(B)
the daily count of aliens detained;
(C)
the fiscal year-to-date total for book-ins;
(D)
the average lengths of stay, including average post-determination length of stay in the case of detainees described in subparagraph (F);
(E)
the number transferred to the custody of U.S. Immigration and Customs Enforcement by U.S. Customs and Border Protection after being—
(i)
deemed inadmissible at a port of entry or after being apprehended within 14 days of entering the United States; or
(ii)
arrested by U.S. Immigration and Customs Enforcement;
(F)
the number determined to have a credible or reasonable fear of—
(i)
persecution, as defined in section 235(b)(1)(B)(v) of the Immigration and Nationality Act; or
(ii)
torture, as defined in section 208.30 of title 8, Code of Federal Regulations (as in effect on January 1, 2018);
(G)
the number who have been issued a Notice to Appear pursuant to section 239 of the Immigration and Nationality Act, disaggregated by single adults and members of family units;
(H)
the average lengths of stay, including average post-determination length of stay in the case of detainees described in subparagraph (F), for individuals who remain in detention as of the last date of each such reporting period; and
(I)
the number who have been in detention, disaggregated by the number of detainees described in subparagraph (F), for each of the following—
(i)
over two years;
(ii)
from over one year to two years;
(iii)
from over six months to one year; and
(iv)
for less than six months;
(2)
the total number of enrollees in the Alternatives to Detention program and the average length of participation, disaggregated by—
(A)
single adults and family heads of household;
(B)
participants in the family case management program;
(C)
level of supervision; and
(D)
location of supervision, by field office;
(3)
for each facility where aliens are detained by U.S. Immigration and Customs Enforcement—
(A)
the address;
(B)
the field offices that assign detainees to the facility;
(C)
the detailed facility type, as defined in the integrated decision support system;
(D)
the gender of aliens detained;
(E)
the average daily population of detainees within each detainee classification level, as defined in the integrated decision support system;
(F)
the average daily population of individuals within each threat level, as defined in the integrated decision support system;
(G)
the average daily population within each criminality category, as defined in the integrated decision support system, disaggregated by gender;
(H)
the average length of stay;
(I)
the average daily population of individuals whose detention is classified as mandatory;
(J)
the performance standards to which the facility is held;
(K)
the date of the two most recent inspections, the entity that performed each inspection, and a detailed summary of the results of such inspections; and
(L)
the guaranteed minimum detention capacity, if applicable; and
(4)
the total number of releases from custody, by condition of release, and total number of removals, disaggregated by adult facilities and family facilities.

Sec. 218

(a)
Not later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security shall—
(1)
ensure that individuals who are placed in proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) have—
(A)
unimpaired access to legal counsel, including prospective legal counsel;
(B)
opportunities for prospective pro-bono legal counsel to be accessible to such individuals; and
(C)
meaningful opportunities to consult with legal counsel prior to required appearances for such proceedings; and
(2)
implement a program to conduct a Know Your Rights presentation for all individuals who are—
(A)
presenting for immigration hearings at land ports of entry; and
(B)
placed into expedited removal proceedings under section 235 of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)) who indicate an intention to apply for asylum or a fear of persecution.
(b)
Not later than 30 days after the date of enactment of this Act, the Secretary and the Director of the Office of Civil Rights and Civil Liberties shall each certify to the Committees on Appropriations of the Senate and the House of Representatives as to whether the requirements under subsection (a) have been satisfied.

Sec. 219

(a)
Notwithstanding section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)), no Federal funds may be used by the Department of Homeland Security to detain an individual for more than 20 days unless such individual is determined by the Director of U.S. Immigration and Customs Enforcement, following an individualized assessment, to pose a threat to public safety or to be a flight risk.
(b)
In the case of an individual who self-identifies as transgender—
(1)
the assessment described in subsection (a) shall require the concurrence of the Immigration Detention Ombudsman; and
(2)
the maximum period of detention described in subsection (a) may not exceed 5 days.
(c)
Notwithstanding subsections (a) and (b), no Federal funds may be obligated to detain an individual who self-identifies as transgender in any facility that is not contractually obligated to meet, at a minimum, the requirements described in Attachment 1 of the June 19, 2015, U.S. Immigration and Customs Enforcement memorandum entitled, “Further Guidance Regarding the Care of Transgender Individuals” unless such individual declines placement in such a facility after being informed of the opportunity to do so.
(d)
Not later than 30 days after the date of enactment of this Act, the Director shall provide the Committees on Appropriations of the Senate and the House of Representatives the defined metrics used to make such assessments.

Sec. 220

(a)
None of the funds provided under the heading ‘‘U.S. Immigration and Customs Enforcement—Operations and Support” may be used to engage in civil immigration enforcement activities, such as arrests, detentions, removals, or the processing or issuance of charging documents, using Homeland Security Investigations personnel or resources absent probable cause that the individual facing such enforcement action has committed a criminal offense not solely related to migration or immigration status.
(b)
For purposes of this section, criminal offenses solely related to migration or immigration status include any offense for which penalties may be imposed pursuant to sections 243, 264, 266(a) or (b), 275, or 276 of the Immigration and Nationality Act.

Sec. 221

No Federal funds may be used for the detention or removal of any alien until there is a final denial of the alien’s application for status after the exhaustion of administrative and judicial review, if such individual—
(1)
has a pending application under section 101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3) (as in effect on March 31, 1997) of the Immigration and Nationality Act; or
(2)
is a VAWA self-petitioner, as defined in section 101(a)(51) of the Immigration and Nationality Act, with a pending application for relief under a provision referred to in one of subparagraphs (A) through (G) of such section, or section 101(a)(27)(J) of such Act.

Sec. 222

Members of the United States House of Representatives and the United States Senate, including the leadership; the heads of Federal agencies and commissions, including the Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney General, Deputy Attorney General, Assistant Attorneys General, and the United States Attorneys; and senior members of the Executive Office of the President, including the Director of the Office of Management and Budget, shall not be exempt from Federal passenger and baggage screening.

Sec. 223

Any award by the Transportation Security Administration to deploy explosives detection systems shall be based on risk, the airport's current reliance on other screening solutions, lobby congestion resulting in increased security concerns, high injury rates, airport readiness, and increased cost effectiveness.

Sec. 224

Notwithstanding section 44923 of title 49, United States Code, for fiscal year 2020, any funds in the Aviation Security Capital Fund established by section 44923(h) of title 49, United States Code, may be used for the procurement and installation of explosives detection systems or for the issuance of other transaction agreements for the purpose of funding projects described in section 44923(a) of such title.

Sec. 225

Not later than 30 days after the submission of the President's budget proposal, the Administrator of the Transportation Security Administration shall submit to the Committees on Appropriations and Commerce, Science, and Transportation of the Senate and the Committees on Appropriations and Homeland Security in the House of Representatives a single report that fulfills the following requirements:
(1)
a Capital Investment Plan (CIP) that includes a plan for continuous and sustained capital investment in new, and the replacement of aged, transportation security equipment;
(2)
the 5-year technology investment plan as required by section 1611 of title XVI of the Homeland Security Act of 2002, as amended by section 3 of the Transportation Security Acquisition Reform Act (Public Law 113–245); and
(3)
the Advanced Integrated Passenger Screening Technologies report as required by the Senate Report accompanying the Department of Homeland Security Appropriations Act, 2019 (Senate Report 115–283).

Sec. 226

Section 225 of division A of Public Law 116–6 (49 U.S.C. 44901 note; relating to a pilot program for screening outside of an existing primary passenger terminal screening area) is amended in subsection (e) by striking “2021” and inserting “2023”.

Sec. 227

None of the funds made available by this Act under the heading “Coast Guard—Operations and Support” shall be for expenses incurred for recreational vessels under section 12114 of title 46, United States Code, except to the extent fees are collected from owners of yachts and credited to the appropriation made available by this Act under the heading “Coast Guard—Operations and Support”: Provided, That to the extent such fees are insufficient to pay expenses of recreational vessel documentation under such section 12114, and there is a backlog of recreational vessel applications, personnel performing non-recreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform documentation under section 12114.

Sec. 228

Without regard to section 503 of this Act, up to $10,000,000 may be reprogrammed to or from the Military Pay and Allowances funding category within “Coast Guard—Operations and Support” if the Secretary notifies the Committees on Appropriations of the Senate and the House of Representatives not less than 15 days in advance of such reprogramming.

Sec. 229

Notwithstanding any other provision of law, the Commandant of the Coast Guard shall submit to the Committees on Appropriations of the Senate and the House of Representatives a future-years capital investment plan as described in the second proviso under the heading “Coast Guard—Acquisition, Construction, and Improvements” in the Department of Homeland Security Appropriations Act, 2015 (Public Law 114–4), which shall be subject to the requirements in the third and fourth provisos under such heading.

Sec. 230

Funds made available for Overseas Contingency Operations/Global War on Terrorism under the heading “Coast Guard—Operations and Support” may be allocated by program, project, and activity, notwithstanding section 503 of this Act.

Sec. 231

Amounts deposited into the Coast Guard Housing Fund in fiscal year 2021 shall be available until expended to carry out the purposes of section 2946 of title 14, United States Code, and shall be in addition to funds otherwise available for such purposes.

Sec. 232

The United States Secret Service is authorized to obligate funds in anticipation of reimbursements from executive agencies, as defined in section 105 of title 5, United States Code, for personnel receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available under the heading “United States Secret Service—Operations and Support” at the end of the fiscal year.

Sec. 233

None of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security: Provided, That the Director of the United States Secret Service may enter into agreements to provide such protection on a fully reimbursable basis.

Sec. 234

Notwithstanding section 503 of this Act, up to $15,000,000 may be reprogrammed within “United States Secret Service—Operations and Support” if the Secretary notifies the Committees on Appropriations of the Senate and the House of Representatives not less than 15 days in advance of such reprogramming.

Sec. 235

Funding made available in this Act for “United States Secret Service—Operations and Support” is available for travel of United States Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act if the Director of the United States Secret Service or a designee notifies the Committees on Appropriations of the Senate and the House of Representatives 10 or more days in advance, or as early as practicable, prior to such expenditures.

Sec. 236

(a)
Not later than 30 days after the date of enactment of this Act and updated semi-monthly thereafter, the Secretary shall make available a report on a publicly accessible website in a downloadable, searchable, and sortable format that includes not less than the previous 12 months of data, as of the last date of each such reporting period, on all requests to any law enforcement component of the Department of Homeland Security for law enforcement support in the form of personnel, aircraft, equipment, or any other assets, which shall include each of the following for each requesting entity:
(1)
The name of the entity;
(2)
The purposes for which support is requested;
(3)
The numbers of personnel and the categories and numbers of assets requested;
(4)
The duration of the requested support;
(5)
Whether the requested support was provided;
(6)
The departmental official who approved providing such support;
(7)
The dates and descriptions of any support provided;
(8)
The cost of providing such support; and
(9)
Whether the support is subject to reimbursement by the requesting entity.
(b)
The reporting requirements in subsection (a) shall apply to requests from—
(1)
Non-Federal law enforcement components; and
(2)
Federal law enforcement entities, including other such entities of the Department of Homeland Security.

Sec. 237

No Federal funds may be made available to modify or revoke the U.S. Immigration and Customs Enforcement guidance entitled ‘‘COVID-19: Guidance for SEVP Stakeholders’’, issued March 13, 2020, with respect to the maintenance of or eligibility for a nonimmigrant status, including an application for nonimmigrant status under subparagraph (F) or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).

Sec. 238

None of the amounts appropriated or otherwise made available by this Act to U.S. Immigrations and Customs Enforcement for enforcement and removal operations may be made available to operate a citizen academy program.

Sec. 239

(a)
Upon receipt of a written request by a relevant committee for an investigative report relating to an alien beneficiary of a private bill that has been introduced in the Senate or the House of Representatives, the Secretary of Homeland Security shall immediately stay the removal of such alien, and such stay of removal shall remain in effect until the earlier of—
(1)
March 15 of the congressional term that commences after the term in which the private bill is introduced; or
(2)
the date that the relevant committee notifies the Secretary of Homeland Security that the bill is no longer under consideration.
(b)
For purposes of subsection (a), the term ‘‘relevant committee’’ means—
(1)
the Committee on the Judiciary of the House of Representatives;
(2)
the Committee on the Judiciary of the Senate; or
(3)
a subcommittee of a committee identified in paragraph (1) or (2) with jurisdiction over private legislation.
(c)
This section shall take effect on the date of the enactment of this Act and shall apply to any alien beneficiary of a private bill for whom an investigative report was requested on or after January 3, 2019.