[House Report 115-948]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-948
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2019
_______
September 12, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Yoder of Kansas, from the Committee on Appropriations, submitted
the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 6776]
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, 2019.
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
6
Operations and Support..................... 2
6
Management Directorate............................. 2
10
Operations and Support..................... 2
10
Procurement, Construction, and Improvements 2
13
Research and Development................... 3
14
Intelligence, Analysis, and Operations Coordination 3
14
Operations and Support..................... 3
14
Office of Inspector General........................ 3
15
Operations and Support..................... 3
15
Administrative Provisions.......................... 4
16
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection................. 5
16
Operations and Support..................... 5
18
Procurement, Construction, and Improvements 7
26
U.S. Immigration and Customs Enforcement........... 7
27
Operations and Support..................... 7
28
Procurement, Construction, and Improvements 8
34
Transportation Security Administration............. 8
34
Operations and Support..................... 8
35
Procurement, Construction, and Improvements 9
37
Research and Development................... 9
38
Coast Guard........................................ 10
38
Operations and Support..................... 10
39
Procurement, Construction, and Improvements 10
41
Research and Development................... 11
44
Environmental Compliance and Restoration... 12
44
Health Care Fund Contribution..............
44
Retired Pay................................ 12
45
United States Secret Service....................... 12
45
Operations and Support..................... 12
45
Procurement, Construction, and Improvements 13
46
Research and Development................... 14
47
Administrative Provisions.......................... 14
47
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate....... 22
48
Operations and Support..................... 22
49
Federal Protective Service................. 23
52
Procurement, Construction, and Improvements 23
52
Research and Development................... 23
53
Federal Emergency Management Agency................ 23
54
Operations and Support..................... 23
54
Procurement, Construction, and Improvements 24
55
Federal Assistance......................... 24
56
Disaster Relief Fund....................... 27
58
National Flood Insurance Fund.............. 28
60
Administrative Provisions.......................... 30
60
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services.......... 33
60
Operations and Support..................... 33
61
Procurement, Construction, and Improvements 33
62
Federal Law Enforcement Training Centers........... 33
62
Operations and Support..................... 33
62
Procurement, Construction, and Improvements
63
Science and Technology Directorate................. 34
63
Operations and Support..................... 34
64
Research and Development................... 34
65
Countering Weapons of Mass Destruction Office...... 34
68
Operations and Support..................... 34
68
Procurement, Construction, and Improvements 34
69
Research and Development................... 35
69
Federal Assistance......................... 35
70
Administrative Provisions.......................... 35
70
TITLE V--GENERAL PROVISIONS
This Act........................................... 39
71
Compliance with House Rules................
124
Tables.....................................
141
Overview
March 1, 2018, marked the fifteenth anniversary for the
U.S. Department of Homeland Security (DHS). While DHS is the
youngest Department, it is comprised of agencies that date back
to the late 1700s with a mission and footprint that stretches
beyond every U.S. state and territory. The Committee's
recommendation of $58,087,000,000 in discretionary funding
prioritizes the programs and activities of the Department that
keep the Homeland safe by securing our borders, enhancing
critical national security efforts, and responding to
disasters.
The Committee's recommendation reflects smart investments
that will have immediate and long-term impacts on the security
of the homeland.
1. The bill includes $5,000,000,000 for new border
technology and the construction of over 200 miles of
new barriers to fill critical gaps along our southwest
border. This provides the Border Patrol with necessary
tools to achieve operational control of our borders.
Additionally, $223,000,000 is provided to improve drug
interdiction capabilities for U.S. Customs and Border
Protection (CBP), including initiating efforts towards
achieving 100 percent scanning of all vehicles, cargo,
and pedestrians coming through southwest border land
ports of entry by 2025.
2. The bill provides $125,897,000 to support the
fight against the opioid epidemic and stop the flow of
illegal drugs into this country.
3. The bill provides enhancements to aviation
security including an additional $7,260,000 for 50 new
Transportation Security Administration (TSA) canine
teams and an increase of $20,000,000 for new computed
tomography (CT) systems to screen carry-on baggage.
4. The bill provides $7,620,209,000, $27,071,000
above the request for Coast Guard operations that
protect our coastlines and inland waterways. Coast
Guard procurement funding includes the acquisition of
an HC-130J long range surveillance aircraft, two
additional Fast Response Cutters for a total of six,
construction for a second Offshore Patrol Cutter, and
necessary post-delivery activities for the ninth
National Security Cutter.
5. The bill includes $1,153,873,000 to secure,
monitor, detect, prevent, and respond to cybersecurity
attacks against the entire federal government and the
nation's critical infrastructure sectors, such as
election infrastructure, and to advance our defenses by
investing in related research and development programs.
6. The bill provides critical resources to support
the Federal Emergency Management Agency's (FEMA)
disaster response and recovery efforts and to improve
state and local preparedness for all hazards, including
$3,356,525,000 for grants and training programs that
directly support state and local governments and first
responders.
Public Law 115-31 required CBP to provide a risk-based plan
for improving security along the borders of the United States,
including the use of personnel, fencing, other forms of
tactical infrastructure, and technology. On January 4, 2018,
CBP submitted their analysis, the ``Border Security Improvement
Plan,'' to the Committee. This comprehensive analysis was
informed directly by the men and women on the frontlines. The
plan focused on their understanding of the current border
threat, how best to strengthen our law enforcement posture at
the border, and ways to increase CBP's ability to swiftly
address border security risks.
As a part of this analysis, the U.S. Border Patrol (USBP)
provided an overview of the capabilities needed to obtain
operational control, as directed both in law and Executive
Order. Specifically, USBP provided an assessment of the roughly
2,000 miles of U.S.-Mexico border through its robust
requirements management process, the Capability Gap Analysis
Process, to identify the need for impedance and denial
capabilities to achieve operational control detailing location,
types of infrastructure, and costs to execute the program. As
with any law enforcement organization, it is important to
ensure that agents and officers are fully equipped with the
tools they need to be successful and keep their communities
safe; in this instance the recommended tools, identified by the
agents who know best, include both physical barriers and
technology. This bill provides $5,000,000,000 in technology and
physical barriers for the most urgent areas identified by CBP.
The recommendation also includes $223,000,000 above the
request for CBP to stop the entry of illicit goods and
narcotics at our ports of entry through initiating efforts to
achieve 100 percent non-intrusive inspection (NII) coverage
along our southwest border by 2025. CBP is currently using NII
assets in a targeted approach, but the reality is that many of
these drugs continue northbound through the interior of the
U.S., gaining value as they reach their destination into the
homeland, onto American streets, and into U.S. homes. The
combination of both border infrastructure and technology will
provide CBP with more of the tools it desperately needs to
combat the smuggling of illicit goods, narcotics, and humans
being into the country.
The United States is a nation of immigrants that values
diversity and welcomes those in need. We also have an
obligation to enforce the laws that protect the integrity of
our borders, along with those that grant asylum to people found
eligible. We cannot help every foreign national who may want or
deserve it, but all individuals and families who come to our
borders, including those who cross them illegally, deserve to
be treated humanely and with respect while in the custody of
the Department of Homeland Security. The Committee has included
direction throughout this report to address these issues.
The security of our borders and the safety and well-being
of those fleeing persecution abroad are both better served when
asylum-seekers present their claim at a port of entry (POE).
Crossing the border between the POEs is illegal, funds the
ongoing operations of criminal organizations, and exposes
people to unnecessary risks, with hundreds losing their lives
each year attempting to traverse the harsh environments along
many segments of the southern border. Throughout this bill,
strong funding is included to stop the illegal entry of both
humans and drugs at and between the POEs. In addition, DHS
shall take appropriate steps to ensure that the United States
is meeting its legal obligations, to include reminding field
officers and agents about CBP's legal responsibilities to
ensure that asylum seekers can enter at POEs. CBP shall notify
the Committee within 24 hours of any instance when holding
facility limitations or other factors impede its ability to
promptly accept and process individuals claiming credible or
reasonable fear, including a description of its efforts to
mitigate those limitations or factors.
The Committee directs the Secretary to ensure that persons
detained by DHS are able to make phone calls, at no cost or at
a reasonable, fair market cost, to include any state, local,
territorial, tribal, or private entity who is detaining such
persons per an agreement with DHS. All facilities should also
allow detainees to access the ICE pro bono platform provided by
ICE's phone provider that allows for free calls to courts,
consulates, and free legal service providers.
The William Wilberforce Trafficking Victims Protection
Reauthorization Act (TVPRA) requires cooperation between the
Department of Homeland Security and the Department of Health
and Human Services (HHS) to ensure the safety of Unaccompanied
Alien Children (UACs). Current Memoranda of Agreement (MOAs)
between the two Departments codify the intention for
cooperation and outline the processes for that cooperation to
protect the well-being of the UAC. The ongoing coordination
between DHS and HHS has already prevented children from being
placed in the care of adults with serious criminal histories
that include kidnapping, murder, and human smuggling. The
Department must continue to exercise due diligence while
ensuring that the children are released into the safe care of a
parent or sponsor as expeditiously as is possible.
At the peak of the historic disaster season in 2017, nearly
85 percent of all FEMA employees were deployed to support
disasters. In the wake of this unprecedented level of disaster
response activity, Congress passed three supplemental
appropriations bills totaling $49,570,000,000 to replenish
FEMA's Disaster Relief Fund (DRF), supporting frontline
personnel and ensuring robust response and recovery for these
catastrophic events. The recommendation includes $7,210,000,000
for the DRF to pay for ongoing, long-term recovery operations
for past disasters, and to fund projected needs for future
disasters in fiscal year 2019.
Congress must have access to timely, accurate information,
particularly as it relates to the implementation of new
policies in order to exercise appropriate oversight. The
Committee directs DHS to review all guidelines associated with
the release of information to Congress, the media, and the
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 the effective use of limited
resources.
This bill does not include any fee increases proposed in
the budget request. Budget proposals to replace discretionary
funding with fee revenue place important programs at
unnecessary risk when those proposals require authorizing
legislation that is unlikely to be enacted. In the future, the
Department is urged to advocate for sufficient discretionary
funds to carry out its critical mission.
Summary
The Committee recommendation includes $58,087,000,000,
including $51,435,000,000 within the bill's 302(b) budget
allocation, and $6,652,000,000 as a budget cap adjustment for
disaster relief. Title I contains funds for departmental
management activities. Title II ensures the Department's
frontline operational components have the resources to carry
out effectively their security, enforcement, and investigative
missions. Title III includes funds necessary to prepare for,
respond to, and recover from disasters and cyber-attacks on the
population or the nation's critical infrastructure. Title IV
supports law enforcement training; citizenship, immigration,
and employment eligibility verification services; efforts to
counter chemical, biological, radiological, and nuclear
attacks; and research and development functions. Title V
includes basic general provisions for oversight, reprogramming
guidance, transfer authority, reporting requirements, and
funding limitations.
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 DHS components, formulate policy guidance and
directives, collect and disseminate intelligence, and maintain
visibility on all DHS operations. The Office of the Secretary,
the executive management offices, and the Management
Directorate support departmental efforts to achieve strategic
goals and to deliver quality administrative support services
for human resources; manage facilities, property, equipment,
and other material resources; ensure safety, health, and
environmental protection; and identify and track performance
measurements relating to DHS missions.
Office of the Secretary and Executive Management
The Office of the Secretary and Executive Management (OSEM)
provides policy guidance to operating bureaus within the
organization; plans and executes departmental strategies to
accomplish agency objectives; and provides leadership to the
Department.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2018....................... $139,602,000
Budget request, fiscal year 2019...................... 128,860,000
Recommended in the bill............................... 139,926,000
Bill compared with:
Appropriation, fiscal year 2018................... +324,000
Budget request, fiscal year 2019.................. +11,066,000
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Operations and Support
Office of the Secretary....... $17,874,000 $17,784,000
Office of Policy.............. 34,683,000 38,483,000
Office of Public Affairs...... 5,085,000 5,085,000
Office of Legislative Affairs. 4,992,000 4,992,000
Office of Partnership and 12,656,000 14,294,000
Engagement...................
Office of General Counsel..... 19,463,000 19,463,000
Office for Civil Rights and 20,825,000 25,071,000
Civil Liberties..............
Office of the Citizenship and 5,879,000 6,200,000
Immigration Services
Ombudsman....................
Privacy Office................ 7,403,000 8,464,000
-------------------------------------
Total, Operations and $128,860,000 $139,926,000
Support..................
------------------------------------------------------------------------
Office of the Secretary
The Committee directs the Department to continue quarterly
briefings on Joint Requirements Council activities.
The Committee is closely attuned to how the heroin and
opioid epidemic is challenging our emergency response
capacities and overall national security. In particular, police
and first responders are inundated and put at great risk. The
surge in drug consumption and its ancillary effects include
more than 66,000 deaths in 2017 alone and have cost the U.S.
more than $1 trillion dollars since 2001, with projected costs
of another $500,000,000,000 over the next three years. DHS is
directed to brief the Committee on how the Department can offer
wider support, particularly monetarily, to those who are
responsible for protecting our citizens.
Not later than 30 days after the date of enactment of this
Act, the Department is directed to provide a report to the
Committee for fiscal year 2018, by quarter, on the total number
of referrals for prosecution of individuals who illegally
crossed a U.S. land border compared to the total number of
apprehensions; the number of such referrals accepted by the
Department of Justice (DOJ); the nationality and gender of
those referred and those accepted for prosecution; the number
of such individuals claiming credible or reasonable fear while
in DHS or DOJ custody; and the number of such individuals who
receive a positive fear determination from United States
Citizenship and Immigration Services (USCIS).
The Department is directed to provide a report to the
Committee, not later than 30 days after the date of enactment
of this Act, on its policies related to the separation of minor
children from their parents or legal guardians while in DHS
custody. The report should discuss policies in effect both
prior and subsequent to the implementation of Executive Order
13841, and shall include a description of any guidance to field
personnel on implementation of such policies; a description of
the process for reuniting families that are separated as a
result of the prosecution of an adult family member; data on
the number of separations during fiscal year 2018 as a result
of the prosecution of a parent or legal guardian due to medical
necessity, in the interest of the immediate safety of the
child, or due to fraudulent family relationship or guardianship
claims; a description of how DHS determines the validity of
family relationship or guardianship claims; and an assessment
of how that process could be improved, including the
feasibility of using rapid-DNA testing with appropriate privacy
protections.
The Department shall only separate a child from a parent if
the parent has a criminal history, a communicable disease, or
is determined to be unfit or a danger to the child. DHS is
directed to ensure, when appropriate and feasible, that
separated family units are reunited and transferred together
prior to removal, release from CBP custody, or transfer to ICE
custody. ICE is expected to ensure that individuals being
transferred from CBP to ICE custody, in ICE custody, or under
ICE supervision have opportunities to report family separations
and to verify the status, location, and disposition of family
members, and to regularly communicate with one another by phone
or video conference. The Committee is aware that DHS is
complying with U.S. District Court Instruction requiring the
federal government to pay the costs of such communications, as
well as the costs of family reunification.
Recent developments in contactless fingerprinting enable
rapid capture of fingerprints that can be shared interoperably
with legacy fingerprinting systems. The Committee directs the
Department to provide, within 60 days of the date of enactment
of this Act, a briefing on the cost and feasibility of using a
contactless fingerprint technology as part of the exit tracking
system, including a comparison of those costs to other options
for gathering the same type of biometric information.
The Committee directs the Department to report
semiannually, beginning not later than 90 days after the date
of enactment of this Act, on the activities of ICE and USCIS to
implement the recommendations of OIG-16-130, including the
incremental cost of those activities; FTE devoted to the
effort; criteria and methodology for reviewing and making
determinations on potential denaturalization cases; number of
records reviewed; number of cases subject to in-depth review
for potential denaturalization, including whether such were
cases investigated outside the scope of the recommendations of
OIG-16-130, number of cases referred to the Justice Department
for denaturalization proceedings, delineated by cases that were
identified by the OIG for review and those that were not so
identified; countries of origin of the individuals whose cases
were subject to in-depth review and for Justice Department
referral; and a compilation of the infractions underlying
referrals to the Justice Department.
Office of Policy
The Committee supports the Office of Policy's continuation
of the Immigration Data Integration Initiative, and recommends
$5,000,000 for this purpose. This initiative supports
departmental efforts directed by the Committees on
Appropriations in prior years based on bipartisan, bicameral
concerns about the inability of the Department to provide
timely reporting of border security and immigration enforcement
data. Such data is important for informing component operations
and for providing oversight. Specifically, the initiative will
enable DHS to develop uniform immigration data standards;
provide stakeholders with real- or near real-time access to
relevant data; ensure that immigration records are fully linked
across DHS and other federal agency data systems; and meet
transparency requirements directed by the Committees on
Appropriations and under recent Executive Orders and
Presidential Memoranda on border security, interior
enforcement, and preventing terrorist travel.
Office of Partnership and Engagement
The Department shall continue to provide semi-annual
updates on the work of the Public Complaint and Feedback System
Working Group, as described in the explanatory statement
accompanying Public Law 115-141.
The Department should continue to provide assistance, as
appropriate, to state police crime labs to ensure that federal
requirements do not burden state resources. DHS shall continue
to report annually on its use of and partnerships with state
crime labs, including funding associated with such use and
partnerships, and should fully reimburse the state crime labs
it uses. The Committee notes that the Department's partnerships
with crime labs are particularly important in border states.
The Committee directs DHS to provide, not later than 90
days after the date of enactment of this Act, a briefing on the
programs and activities of the Office of Terrorism Prevention
Partnerships, including its efforts to combat domestic
extremism and terrorist radicalization and recruitment.
The Committee encourages interagency coordination between
DHS and other agencies when developing school safety reports.
The Blue Campaign, a department-wide initiative to combat
human trafficking, has historically been funded through end-of-
year contributions from components and detailed personnel, an
approach that is not appropriate for the program's long-term
sustainment. The fiscal year 2018 DHS Appropriations Act
included direct funding of $819,000 for the Blue Campaign to
support dedicated personnel and to begin transitioning the
program away from a reliance on component contributions.
Unfortunately, the fiscal year 2019 request proposed no direct
funding for the program despite continued congressional support
for it. The Committee recommends $1,638,000 in continued direct
funding for personnel and directs the Secretary to sustain the
program at not less than its total fiscal year 2016 level of
$5,150,000 in fiscal year 2018 and fiscal year 2019, using
component contributions to cover non-personnel program costs.
DHS should account for and propose full, direct funding for the
program in the justification materials that accompany future
budget submissions, as directed in the explanatory statement
accompanying Public Law 115-31. Additionally, DHS in
coordination with the Federal Aviation Administration, shall
identify ways to appropriately strengthen oversight of training
on human trafficking for airline personnel and explore the
viability of in-person training to complement online training.
The Department shall, not later than 180 days after the date of
enactment of this Act, report back to the Committee with its
findings.
The Committee directs the Department, within 90 days of the
date of enactment of this Act, to provide a briefing on the
implementation and oversight of DHS Policy Directive 047-02,
related to the use of cell-site simulators by the Department
and its state and local partners.
Office for Civil Rights and Civil Liberties
A total of $25,071,000 is provided for the Office for Civil
Rights and Civil Liberties (CRCL), of which at least $750,000
is for an enhancement to the Compliance Branch. CRCL shall
ensure that all individuals whose complaints it investigates
receive information within 30 days of the completion of an
investigation regarding the outcome of such complaints, as
appropriate, including findings of fact, findings of law, and
available remedies.
Office of the Citizenship and Immigration Services Ombudsman
The Office of the Citizenship and Immigration Services
Ombudsman is funded above the request at $6,200,000 and the
Privacy Office is funded above the request at $8,464,000, to
support the current services level of activity for both
offices.
Management Directorate
Appropriation, fiscal year 2018....................... $742,411,000
Budget request, fiscal year 2019...................... 1,083,318,000
Recommended in the bill............................... 922,993,000
Bill compared with:
Appropriation, fiscal year 2018................... +180,582,000
Budget request, fiscal year 2019-................. -160,325,000
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 2018....................... $710,297,000
Budget request, fiscal year 2019...................... 834,704,000
Recommended in the bill............................... 845,528,000
Bill compared with:
Appropriation, fiscal year 2018.................. +135,231,000
Budget request, fiscal year 2019.................. +10,824,000
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Operations and Support
Immediate Office of the Under $7,730,000 $7,730,000
Secretary for Management.....
Office of the Chief Readiness 90,413,000 90,413,000
Support Officer..............
Office of the Chief Human 107,606,000 118,430,000
Capital Officer..............
Office of the Chief Security 78,868,000 78,868,000
Officer......................
Office of the Chief 103,197,000 103,197,000
Procurement Officer..........
Office of the Chief Financial 64,873,000 64,873,000
Officer......................
Office of the Chief 382,017,000 382,017,000
Information Officer..........
-------------------------------------
Total, Operations and $834,704,000 $845,528,000
Support..................
------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management
With the adoption of a common appropriations structure, the
Department is now poised to standardize its periods of
availability (POAs) to allow for more consistent planning,
programming, budgeting, and execution for three of the four
major appropriation account types: Operations and Support
(O&S); Procurement, Construction, and Improvements (PC&I); and
Research and Development (R&D). With limited exception, the O&S
accounts shall have one year of availability; the PC&I accounts
shall have five years of availability for construction and
three years for all other activities; and the R&D accounts
shall have two years of availability. As part of the fiscal
year 2020 budget request and thereafter, the Department shall
thoroughly justify any necessary deviation from these POAs, to
include a description of the specific negative impacts that
would result from a shorter POA.
The Committee directs DHS to assess the feasibility of
establishing a unified headquarters for CBP and ICE operational
components in the South Texas region. This analysis shall
consider whether co-location would significantly improve
operational coordination, information sharing, and analytic
collaboration among these DHS components. The analysis should
also consider the potential for partnerships with local
governments, colleges and universities, and other federal
agencies to leverage resources.
The Department shall, not later than 180 days after the
date of enactment of this Act, submit a report to the Committee
detailing (1) internal DHS procedures to avoid the purchase of
``essentially the same'' items in violation of the Javits-
Wagner-O'Day Act (41 U.S.C. 8501); (2) procedures for ensuring
procurement officers and government purchase cardholders are
trained on the requirements of the Javits-Wagner-O'Day Act; and
(3) the total value of goods and services purchased through the
AbilityOne Program during fiscal year 2018, delineated by
product or service category.
Office of the Chief Readiness Support Officer
The Office of the Chief Readiness Support Officer (OCRSO)
is directed to continue refining a DHS-wide inventory of real
estate, vehicle fleets, and equipment for the purpose of
establishing a table of equipment for each component of the DHS
enterprise.
The Department's Fiscal Year 2017 Field Efficiencies Report
focused on the Department's future plans to utilize OCRSO to
manage the integration of mission support functions across the
Department, which is actively developing regional plans to
implement field efficiencies, such as real property
consolidation and co-location. The Department set forth an
impressive end state of a 20 percent reduction in
administrative real property needs per person and the
elimination of unnecessary redundancies by fiscal year 2025.
The Committee directs OCRSO to provide a briefing on this
implementation plan, to include associated costs and an
estimated savings by fiscal year, not later than 90 days after
the date of enactment of this Act.
The Committee looks forward to the briefing directed in
House Report 115-239 on the Department's comprehensive plans to
systematically replace vehicles and radios, and continues to
expect that additional cost and schedule details will be
included in future budget submissions for each operational
component.
The Committee understands that some DHS components may lack
adequate facilities to accommodate the large number of firearms
qualifications required for law enforcement personnel. OCRSO is
directed to explore firing range solutions through field
efficiencies to expand the availability of shooting range
facilities across DHS components. Such solutions could include
partnerships with colleges, universities, local governments,
tribal organizations, and other federal agencies; or
alternative approaches, such as modular firing ranges. OCRSO,
in conjunction with the Department of Treasury, is directed to
explore the feasibility of addressing this capability gap by
using funds made available under section 9705(g)(4)(B) of title
31, United States Code (as added by Public Law 102-393) from
the Department of the Treasury Forfeiture Fund.
DHS is encouraged to work with the components to evaluate
the potential benefits of next generation body armor technology
for DHS law enforcement personnel, including solutions made
with ultra-high molecular weight polyethylene, which may
provide increased protection against a wide range of ballistic
threats in a lighter, more flexible application that enhances
comfort, mobility, and safety.
Office of the Chief Human Capital Officer
The Committee continues its support for the Cyber Statutory
Authority Program and the Cybersecurity Internship Program, and
includes increases above the request for both programs to
sustain fiscal year 2018 funding levels. The Department is
directed to update the Committee not later than 180 days after
the date of enactment of this Act on the status of the
programs.
According to a February 2018 GAO report (GAO-18-175), DHS
has taken steps to identify workforce capability gaps, but has
not identified or reported to Congress on critical
cybersecurity needs that align with specialty areas. The Office
of the Chief Human Capital Officer is directed to provide,
within 30 days of the date of enactment of this Act, a report
on its efforts to identify, categorize, and assign employment
codes to its cybersecurity positions, and all other efforts to
satisfy requirements established by the Homeland Security
Cybersecurity Workforce Assessment Act of 2014.
Office of the Chief Security Officer
The Committee remains concerned with the number of reports,
briefings, and responses to requests for information that are
designated by the Department as ``For Official Use Only.'' The
Committee reminds the Department of guidance in Public Law 114-
4 and the direction in House Report 113-481 to provide clear
and specific justifications for such classifications.
The Committee is concerned about the Department's
compliance with Homeland Security Presidential Directive 12,
Policy for a Common Identification Standard for Federal
Employees and Contractors, which mandates a federal standard
for secure and reliable forms of identification used to gain
access to secure facilities where there is a potential for
terrorist attack. The Committee is aware of existing technology
solutions to verify access credentials in real-time that may
aid in implementation of this policy, and directs DHS to review
the solutions and brief the Committee not later than 90 days
after the date of enactment of this Act on the results of its
assessment.
Office of the Chief Procurement Officer
The Committee again directs the Department's Chief
Acquisition Officer to provide a briefing of summary ratings
for all Level 1 and 2 programs and reminds the Department that
this is a quarterly requirement.
Office of the Chief Financial Officer
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. 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.
Office of the Chief Information Officer
In order to ensure the long-term security of technology
used in secure documents issued by the Department, the
Committee directs DHS to review the availability of
technologies to encrypt radio-frequency identification (RFID)
documents and the feasibility of upgrading and encrypting
current and future RFID documents. DHS shall brief the
Committee on its assessment not later than 180 days after the
date of enactment of this Act.
The Committee remains concerned with the slow progress in
closing DHS interoperable communications gaps and, once again,
directs the Department to vigorously explore how it could
leverage partnerships with local, state, tribal, and federal
entities with existing interoperable communications platforms.
The Office of the Chief Information Officer (OCIO) is directed
to update the Committee on its findings within 90 days of the
date of enactment of this Act.
The GAO has repeatedly identified software acquisition and
licensing as high-risk due to significant vulnerabilities to
fraud, waste, abuse, and mismanagement. The Committee notes
that the Department received a failing grade for software
licensing on the most recent Biannual Federal IT Acquisition
Reform Act Scorecard from the House Oversight and Government
Reform Committee. The Committee directs the Department to
prioritize its management of software licenses, including
inventory and analysis of usage, as required by the MEGABYTE
Act of 2016 (Public Law 114-210).
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2018....................... $29,569,000
Budget request, fiscal year 2019...................... 246,069,000
Recommended in the bill............................... 74,920,000
Bill compared with:
Appropriation, fiscal year 2018................... +45,351,000
Budget request, fiscal year 2019.................. -171,149,000
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Procurement, Construction, and
Improvements
Construction and Facility $171,149,000 - - -
Improvements.................
Mission Support Assets and 74,920,000 $74,920,000
Infrastructure...............
-------------------------------------
Total, Procurement, $246,069,000 $74,920,000
Construction, and
Improvements.............
------------------------------------------------------------------------
The recommendation does not include the requested
$171,149,000 for further buildout of the St. Elizabeths campus.
Over the years the General Services Administration (GSA) has
had numerous challenges with the limitations of restoring
historic buildings, which has led to delays in the expansion of
the campus. Currently, DHS and GSA are working to revise the
consolidation plan to address these delays and associated cost
overruns, and develop a functional and efficient construction
and lease strategy. The Committee directs the Department to
provide this plan with a revised schedule and updated costs not
later than 90 days after the date of enactment of this Act.
The Committee commends the Department's progress in
implementing the Planning, Programming, Budgeting, and
Execution (PPBE) One Number initiative, which will consolidate
multiple PPBE systems into a unified, single system. One Number
will better inform DHS leaders as they make important resource
decisions, while improving the quality of congressional budget
justification materials.
The Committee recommends $39,000,000 for financial systems
modernization (FSM), as requested.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2018....................... $2,545,000
Budget request, fiscal year 2019...................... 2,545,000
Recommended in the bill............................... 2,545,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. - - -
The Committee recommends $2,545,000, for Research and
Development, as requested.
Intelligence, Analysis, and Operations Coordination
Appropriation, fiscal year 2018....................... $245,905,000
Budget request, fiscal year 2019...................... 253,253,000
Recommended in the bill............................... 259,253,000
Bill compared with:
Appropriation, fiscal year 2018................... +13,348,000
Budget request, fiscal year 2019.................. +6,000,000
Mission
The missions supported through Intelligence, Analysis, and
Operations Coordination are twofold: to equip the Homeland
Security Enterprise with timely intelligence and information to
keep the homeland safe, secure, and resilient; and to provide
operations coordination, information sharing, situational
awareness, a common operating picture, and departmental
continuity.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2018....................... $245,905,000
Budget request, fiscal year 2019...................... 253,253,000
Recommended in the bill............................... 259,253,000
Bill compared with:
Appropriation, fiscal year 2018................... +13,348,000
Budget request, fiscal year 2019.................. +6,000,000
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.
Office of Inspector General
Appropriation, fiscal year 2018....................... $168,000,000
Budget request, fiscal year 2019\1\................... 138,369,000
Recommended in the bill............................... 162,369,000
Bill compared with:
Appropriation, fiscal year 2018................... -5,631,000
Budget request, fiscal year 2019.................. +24,000,000
\1\The budget request for fiscal year 2019 proposes a directed transfer
of $24,000,000 to this account from the Disaster Relief Fund
appropriation, resulting in a total requested funding level for the
OIG of $162,369,000.
Mission
The DHS Office of Inspector General (OIG) conducts and
supervises independent audits, investigations, and inspections
of the programs and operations of DHS, and recommends ways for
DHS to carry out its responsibilities in the most effective,
efficient, and economical manner possible. The OIG is charged
with deterring, identifying, and addressing fraud, abuse,
mismanagement, and waste of taxpayer funds invested in DHS.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2018....................... $168,000,000
Budget request, fiscal year 2019\1\................... 138,369,000
Recommended in the bill............................... 162,369,000
Bill compared with:
Appropriation, fiscal year 2018................... -5,631,000
Budget request, fiscal year 2019.................. +24,000,000
\1\The budget request for fiscal year 2019 proposes a directed transfer
of $24,000,000 to this account from the Disaster Relief Fund
appropriation, resulting in a total requested funding level for the
OIG of $162,369,000
The Committee recommends $162,369,000 for Operations and
Support, which includes direct funding of $24,000,000 that was
proposed in the budget request as a transfer from the FEMA
Disaster Relief Fund. The Committee notes that the OIG also
received $25,000,000 in supplemental funding in the Bipartisan
Budget Act of 2018 (Public Law 115-123), prior to the enactment
of the fiscal year 2018 Consolidated Appropriations Act, to
provide oversight of major disasters that occurred in 2017.
The Committee directs the OIG to review ICE's
implementation and oversight of the 287(g) program, including
training, data collection, civil liberties protections, and
complaint processes. The increase above the request is for
increased unannounced inspections of immigration detention
facilities and CBP holding processing facilities. ICE shall
continue to publish the results of detention facility
inspections and other reports related to custody operations
activities on its public website.
As the OIG continues to conduct unannounced inspections of
detention facilities, the Committee encourages the OIG to pay
particular attention to the health needs of detainees.
Within 30 days of the date of enactment of this Act, the
Inspector General shall report to the Committee on the
implementation of and any interagency coordination associated
with the previous policy of separating migrant families, the
Executive Order issued on June 20, 2018 entitled ``Affording
Congress an Opportunity to Address Family Separation,'' and
efforts made to reunify families separated under the previous
family separation policy.
Title I--Administrative Provisions--This Act
Section 101. The Committee continues a provision regarding
grants or contracts awarded by means other than full and open
competition and requires the Inspector General to review them
and report the results to the Committees.
Section 102. The Committee continues a provision requiring
the Secretary to link all contracts that provide award fees to
successful acquisition outcomes.
Section 103. The Committee continues and modifies a
provision requiring the Secretary, in conjunction with the
Secretary of Treasury, to notify the Committees of any proposed
transfers from the Department of Treasury Forfeiture Fund to
any agency at DHS.
Section 104. The Committee continues and modifies a
provision related to official costs of the Secretary and Deputy
Secretary.
Section 105. The Committee continues by reference a
provision requiring the Secretary to submit a report on visa
overstay data and to post border security metrics on its
website.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
Appropriation, fiscal year 2018....................... $14,017,522,000
Budget request, fiscal year 2019...................... 14,225,132,000
Recommended in the bill............................... 17,776,257,000
Bill compared with:
Appropriation, fiscal year 2018................... +3,758,735,000
Budget request, fiscal year 2019.................. +3,551,125,000
Mission
The mission of U.S. Customs and Border Protection (CBP) is
to enforce laws regarding the admission of foreign-born persons
into the United States, facilitate the flow of legitimate trade
and travel, and ensure all persons and cargo enter the U.S.
legally and safely through official checkpoints at ports of
entry.
Recommendation
With the exception of marijuana, over 80 percent of all
drugs seized on the southwest border are interdicted at the
ports of entry (POEs), yet only a small number of vehicles are
scanned for contraband with non-intrusive inspection (NII)
equipment. As the next step in efforts to expand detection
capabilities, CBP is planning to assess and deploy multi-lane
NII platforms that can safely automate the inspection process
in the primary inspection lanes at land POEs.
To accelerate these efforts, the recommendation includes
$223,000,000 above the request, to include $182,000,000 for the
procurement of technology to initiate a five-year plan to
screen 100 percent of all vehicles that cross the southwest
border and $41,000,000 to hire 140 canine teams and seven
additional CBP officers to assist in screening. The funding
level supports the continued operational assessment and
requirements development process for this effort. The
combination of NII equipment, canine teams, and well-trained,
highly skilled officers will allow CBP to combat the entry of
illicit goods, narcotics, and humans being smuggled into the
country, and end the exploitation of our southwest land POEs.
CBP is directed to update the multi-year strategic plan
directed in the explanatory statement accompanying Public Law
115-141, not later than 90 days after the date of enactment of
this Act, to account for this additional funding. CBP is also
directed to brief the Committee on the results of the ongoing
pilots upon their completion. This briefing shall include an
assessment of each platform's ability to increase vehicle
inspection throughput at the ports without impacting primary
operations for commercial and privately owned vehicles. CBP is
further directed 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.
Because they are often smuggled or mailed in small amounts,
opioids, such as fentanyl, are extremely difficult for CBP to
detect. To address this challenge, the recommendation includes
$108,897,000 above the request for enhancements at
international mail facilities (IMFs) and along high-risk drug
pathways, including: $9,797,000 for the hiring of 56 scientists
and chemists at IMFs and field lab locations; $1,600,000 for 20
additional mission and operations support staff; $2,500,000 for
field lab equipment; $10,000,000 for the National Targeting
Center's (NTC) counter network capabilities; $25,000,000 for
port of entry technologies, to include the Border Security
Deployment Program (BSDP) and license plate readers;
$40,000,000 for X-ray systems and hand-held detection systems
for IMFs and express consignment facilities (ECFs); and
$20,000,000 for automated barcode reader technology to identify
targeted packages at IMFs. CBP is directed to update the
Committee on the obligation of these funds as a part of the
required quarterly obligation plans directed in title I of this
report.
The Committee understands CBP is currently developing plans
to provide medical and mental health screening, triage, and
referral services by specialized personnel to support
unaccompanied children in USBP custody in high volume southwest
border locations, and recommends an additional $3,700,000 to
continue this effort. The Committee is also concerned by the
trauma experienced by children and their relatives, including
parents, aunts, uncles, and grandparents, who have entered the
United States fleeing violence, and makes available $3,000,000
to provide on-site mental health services for children and
their families at CBP facilities in southwest border locations,
along with mental health training to officers and other
personnel by mental health professionals specializing in trauma
treatment.
The Committee remains aware of continued staffing shortages
at our land, sea, and air POEs, to include IMFs and ECFs. While
the current resource allocation model states that CBP requires
over 26,815 officers for existing requirements at the POEs, the
President's discretionary budget makes no significant attempt
to mitigate this gap. These critical shortages impact trade and
travel across all types of POEs, to include airports, bridges,
cruise ship terminals and international rail crossings. To
address these concerns, the recommendation includes funding for
over 370 new CBP Officers above the request.
The southwest border is vast, with varied terrain ranging
from the winding Rio Grande River to rugged mountains and dry
desert. Temperatures can reach well beyond 100 degrees during
the day in the summer months followed by cold temperatures at
night. CBP shall continue its policies and activities that help
protect people who have illegally entered the United States
from the dangers inherent in crossing this terrain, including
the prohibition on any activity by agents that could damage
water and food caches and continued support for initiatives
focused on increasing migration safety, such as the placement
and maintenance of rescue beacons. While the Committee awaits
the results of the rescue beacon survey and assessment detailed
in House Report 115-239, the bill includes $1,000,000 for
additional rescue beacons.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2018....................... $11,485,164,000
Budget request, fiscal year 2019...................... 12,119,643,000
Recommended in the bill............................... 12,002,072,000
Bill compared with:
Appropriation, fiscal year 2018.................. +516,908,000
Budget request, fiscal year 2019.................. -117,571,000
The fiscal year 2019 President's budget request assumed
$157,000,000 in revenue collections available to CBP through
the redirection of the Electronic System for Travel
Authorization (ESTA) surcharge fee that currently supports
Brand USA, a public-private partnership that promotes travel to
the United States by foreign visitors. The Committee notes that
the 2014 reauthorization of the Brand USA surcharge extends
through fiscal year 2020; any change to the current program
would require the enactment of new authorization legislation
that is not under the jurisdiction of this Committee.
The recommendation supports the full cost of annualizing
the salaries and benefits of staff CBP currently expects to
hire during fiscal year 2018. In addition, the recommendation
includes partial-year funding for new positions that were
proposed in the fiscal year 2018 budget request but for which
appropriations were not provided in the fiscal year 2018
Appropriations Act.
Increases above the request include: $10,000,000 for
innovation technology; $1,000,000 for rescue beacons;
$18,500,000 for Border Patrol hiring bonuses for personnel at
remote locations and stations with the highest attrition;
$17,500,000 for technology upgrades to the Mobile Surveillance
Capability (MSC) system and for an Unmanned Aerial Systems
(UAS) demonstration; $1,000,000 for Carrizo cane control
efforts; $23,492,000 to annualize the cost of CBP officers
hired in fiscal year 2018; $35,565,000 for new CBP officers;
$13,800,000 for the new National Vetting Center; $5,000,000 for
the Automated Targeting System (ATS) to focus on trade efforts;
and $31,000,000 for increased Air and Marine Operations (AMO)
flying hours.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Operations and Support
Border Security Operations
U.S. Border Patrol
Operations............ $3,987,892,000 $3,843,187,000
Assets and Support.... 708,952,000 654,917,000
Office of Training and 82,263,000 55,124,000
Development..............
-------------------------------------
Subtotal, Border 4,779,107,000 4,553,228,000
Security
Operations.......
Trade and Travel Operations
Office of Field Operations
Domestic Operations... 2,780,958,000 3,007,928,000
International 156,669,000 144,667,000
Operations...........
Targeting Operations.. 253,492,000 261,737,000
Assets and Support.... 876,866,000 902,174,000
Office of Trade........... 272,118,000 252,715,000
Office of Training and 47,268,000 47,268,000
Development..............
-------------------------------------
Subtotal, Trade 4,387,371,000 4,616,489,000
and Travel
Operations.......
Integrated Operations
Air and Marine Operations
Operations............ 310,176,000 331,287,000
Assets and Support.... 531,231,000 531,231,000
Air and Marine 45,846,000 37,812,000
Operations Center....
Office of International 44,244,000 39,636,000
Affairs..................
Office of Intelligence.... 64,696,000 66,049,000
Office of Training and 5,633,000 6,010,000
Development..............
Operations Support........ 109,762,000 107,416,000
-------------------------------------
Subtotal, 1,111,588,000 1,119,441,000
Integrated
Operations.......
Mission Support
Enterprise Services....... 1,508,632,000 1,468,758,000
(Harbor Maintenance (3,274,000) (3,274,000)
Trust Fund)..........
Office of Professional 224,871,000 187,651,000
Responsibility...........
Executive Leadership and 108,074,000 106,505,000
Oversight................
Subtotal, Mission 1,841,577,000 1,762,914,000
Support..........
Adjustments to Pay Assumptions - - - -50,000,000
-------------------------------------
Total, Operations $12,119,643,000 $12,002,072,000
and Support......
------------------------------------------------------------------------
The Committee looks forward to a briefing on a
comprehensive, multi-year recruitment and retention strategy,
as directed in the explanatory statement accompanying Public
Law 115-141. To further address Border Patrol agent retention,
the recommendation includes $18,500,000 for targeted bonuses
specifically focused on personnel assigned to hard-to-fill
locations and locations with significant attrition. Not later
than 60 days after the date of enactment of this Act, CBP shall
brief the Committee on the policy and execution plans for these
targeted bonuses.
The Committee continues to urge the development of a
staffing model to inform the hiring of Border Patrol agents and
AMO personnel. As directed in the explanatory statement
accompanying Public Law 115-141, CBP shall continue to brief
the Committee quarterly on its progress toward the development
of a comprehensive assessment of CBP-wide capability gaps, to
include personnel.
Also as directed in the explanatory statement accompanying
Public Law 115-141, CBP shall continue to post to its website a
combined table of CBP interdictions of currency and major
categories of drugs, delineated by seizures at and between the
POEs, and at checkpoints.
Section 231 of division F of Public Law 115-141 requires
the Secretary to submit to the Committee, by September 19,
2018, a risk-based plan for improving security along the
borders of the United States, including the use of personnel,
fencing, other forms of tactical infrastructure, and
technology. The Committee looks forward to receiving that plan
and expects it to inform future budget requests.
CBP recently announced that it was beginning a six-month
testing period at nine field sites for its Incident-Driven
Video Recording Systems program, which will combine body worn
cameras, vehicle mounted cameras, and fixed cameras in
operational environments along the U.S. land border, at and
between POEs, and at international airports and seaports. CBP
is directed to provide a briefing to the Committee on the
results of the pilot upon its completion and assessment,
including details on lessons learned for policy, privacy, and
resource requirements.
As previously directed in House Report 115-239, CBP shall
continue to report to the Committee the following: the number
of detainees held by CBP for more than 48 and 72 hours,
respectively; allegations related to employee corruption and
use of force abuses; and checkpoint, transportation checks, and
roving patrol stop operations.
The Committee notes that CBP is taking steps to improve the
efficiency and effectiveness of its automated cargo processing
system for tractor-trailers crossing the nation's land borders,
including a proof-of-concept pilot at the World Trade Bridge
POE in Laredo, Texas. The Committee urges CBP to continue to
prioritize these activities and directs CBP to provide a
briefing on its efforts to improve automated commercial cargo
processing at land POEs not later than 60 days after the date
of enactment of this Act. The Committee encourages CBP to
leverage the concept of operations for the World Trade Bridge
proof-of-concept pilot to make concurrent investments in
technology and screening processes that would maximize the flow
of commercial cargo through U.S. Border Patrol checkpoints,
particularly the checkpoint located on I-35 North; the
Committee notes that if this checkpoint were a POE, it would be
the fourth busiest one for commercial vehicles.
The Committee directs CBP to provide regular updates on its
progress in addressing the recommendations identified in GAO-
17-765T, related to the management of surveillance technology
plans and programs; GAO-17-618, related to trade enforcement
planning; and GAO-18-119, related to data quality and
effectiveness of Border Patrol surveillance technology.
In an effort to enhance CBP mission integration, the
Commissioner directed the creation of a working group in 2017
to improve coordination between AMO and the USBP. The
Commissioner recently approved the working group's
recommendations, which are now being implemented, including:
the establishment of a small UAS program of record managed by
USBP; the initiation of an 18-month maritime pilot program
allowing unrestricted USBP maritime operations and expanding
the Supplemental Vessel Crewmember Program, which allows Border
Patrol agents to augment the activity of AMO vessels operating
on the Great Lakes; and the establishment of executive
councils, consisting of the Commissioner and the leadership of
AMO and USBP, who meet regularly to discuss the Border Patrol's
flight hour requirements and AMO's ability to meet them. The
Committee supports these efforts and directs CBP to provide
regular updates on them.
The Committee understands that it is CBP's policy that
enforcement actions at sensitive locations--including but not
limited to schools, healthcare facilities, places of worship,
religious or civil ceremonies or observances, and public
demonstrations--should generally be avoided, and require either
prior approval from an appropriate supervisory official or
exigent circumstances necessitating immediate action. The
policy is intended to ensure that anyone seeking to participate
in activities or utilize services provided at such locations
are free to do so without fear or hesitation. The Committee
expects CBP to continue to follow this policy, which balances
the requirement to enforce the law with the impacts that these
actions may have on communities.
The Committee encourages the Department to utilize its
authority to accept donations from the private sector,
nongovernmental organizations, and other groups independent of
the federal government, including medical goods and services,
school supplies, toys, clothing, and any other items intended
to promote the wellbeing of alien children in the custody of
CBP.
To the extent practicable, and so long as it is appropriate
and in the best interest of the children involved, in cases
where U.S. Customs and Border Protection is responsible for the
custody of siblings who are unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2)), the Commissioner shall place such
siblings in the same facility.
U.S. Border Patrol Sector Chiefs shall play a primary role
in determining the type and location of all tactical
infrastructure, such as physical barriers, roads, communication
towers, surveillance towers, or other tactical infrastructure
and technology to be deployed in their area of responsibility.
The Committee encourages Sector Chiefs to consult State and
local elected officials and other stakeholders during the
decision making process.
The Committee commends the Department's efforts to help
facilitate the development of common or complementary
approaches with Mexico in areas of mutual, including
facilitating the cross-border transit of low-risk cargo and
passengers and combatting cross-border violence and criminal
networks. The Committee encourages the Department, in
cooperation with the Department of State, to continue these
efforts with the new Mexican administration and to explore new
opportunities for cooperation, such as through the
establishment of a cross-border working group, and to report
back to the Committee within 90 days of the date of enactment
of this Act on progress made in this regard.
The Committee is concerned with reports that transnational
criminal organizations may combine narcotics and humans in
illicit smuggling attempts, thereby endangering the lives of
individuals being smuggled. 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.
The Committee encourages CBP to explore the feasibility of
allowing older firearms being cycled out of CBP inventories to
be purchased by other law enforcement agencies, along with
whether any additional authorities would be necessary for this
approach, as a way of partially offsetting the costs of new,
replacement firearms.
The Committee encourages CBP to collaborate with the
Science and Technology Directorate to explore a demonstration
of building-scale, direct potable water reuse capabilities for
on-site sustainable water at CBP Forward Operating Bases (FOB).
A deployable and easy-to-use on-site, wastewater treatment
system that minimizes energy and water usage would improve the
security of U.S. Border Patrol agents, while reducing costs and
environmental impacts by avoiding the need to transport fresh
water to the FOBs.
The Committee directs DHS to coordinate with the Department
of Justice to facilitate the availability of courtroom space
within immigration detention facilities along the U.S.-Mexico
border to accommodate the appointment of additional immigration
judges, as necessary to provide for a more timely adjudication
of asylum claims and reduce the immigration court backlog while
ensuring that due process is observed.
Border Security Operations
Following the completion of multi-year pilot efforts for
the control of Carrizo cane along the Rio Grande River in
Texas, CBP and the U.S. Department of Agriculture plan to
initiate a long term Carrizo cane control program in fiscal
year 2018 that will employ both mechanical topping and the use
of biological control agents. The recommendation includes an
increase of $1,000,000, for a total of $2,000,000, to
accelerate these efforts in fiscal year 2019. CBP should
continue to coordinate with the Texas State Soil and Water
Conservation Board and other stakeholders on control efforts.
The Committee directs CBP to provide updates on the performance
of this program with regard to increased visibility, biomass
reduction, and miles of river treated.
The Committee directs CBP to provide a briefing not later
than 90 days after the date of enactment of this Act, on the
operational evaluation of acoustic hailing device equipment,
including pilot and demonstration projects in the Imperial
Beach and Calexico Border Patrol stations.
The Committee encourages CBP to explore options to
integrate Small Unmanned Aerial Systems (sUAS) with MSC to
allow for the distribution of real-time aerial surveillance
data to agents in the field and to expand the surveillance
capability of the MSC platform. Of the funds made available
under this heading, not less than $2,500,000 shall be used to
conduct a technical demonstration to develop the requirements
and concept of operations for the integration of sUAS with MSC.
Border Patrol sector chiefs often have the most
comprehensive understanding of the challenges faced in their
geographic area of responsibility. The Committee encourages all
state, local, tribal, and federal law enforcement agencies
working in the southwest border region to collaborate and
operationally coordinate, when feasible, with sector chiefs in
their respective geographical regions.
Within 90 days of the date of enactment of this Act, CBP
shall brief the Committee on its search and rescue efforts for
fiscal year 2018, as detailed in House Report 115-239, with a
particular emphasis on the Border Patrol's policies,
methodology, and oversight related to how migrant deaths are
counted. Additionally, the Committee continues to direct CBP to
report the death of any individual in CBP custody, in the
temporary custody of other law enforcement agencies on behalf
of CBP, or subsequent to the use of force by CBP personnel
within 24 hours, including relevant details regarding the
circumstances of the fatality.
Trade and Travel Operations
The Committee recommends $13,800,000 to support the initial
stand-up costs for the National Vetting Center, to include a
case management tool, ATS software enhancements, and 20 new
positions. Additionally, $5,000,000 is provided to enhance ATS
information integration in support of more effective
identification of high-risk trade patterns and entities.
While the Office of Field Operation's (OFO) resource
allocation model has greatly improved its ability to make
informed staffing decisions, the Committee understands that CBP
must routinely update the model to account for new trade and
travel data and to address any newly identified gaps, including
airport expansions. Any modifications to the model shall be
described in future budget submissions. To avoid law
enforcement and security sensitivities, CBP is encouraged to
provide staffing requirements at the field office level.
Additionally, not later than 60 days after the date of
enactment of this Act, CBP shall brief the Committee on
resource 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.
The Committee recognizes the need for uniform application
and enforcement of coastwise laws across the nation. CBP shall
devote not less than $1,000,000 to its Jones Act Division of
Enforcement.
The duty drawback program, including the Accelerated
Payment privilege, is an important export-promotion tool for
U.S. manufacturers, exporters, and workers. Accelerated Payment
claims must meet all applicable legal requirements for a
complete claim using the calculation methodology that is
established by CBP regulation. The Trade Facilitation and Trade
Enforcement Act of 2015 (TFTEA) significantly changed the
circumstances under which drawback can be claimed, and required
the development of a new drawback calculation methodology to be
codified in an updated regulation. The Committee understands
that review of the proposed regulation has taken a significant
amount of time, but TFTEA was explicit in requiring that the
regulations for determining the calculation of amounts refunded
as drawback be prescribed within two years of the date of
enactment, or February 24, 2018. The Committee finds the lack
of progress towards meeting this statutory requirement to be
unacceptable, particularly because it undermines the one-year
transition period for allowing drawback claims under both the
new and old rule, which is set to expire on February 24, 2019.
Therefore, the Committee directs DHS, Treasury, and OMB to take
immediate steps to: (1) expedite the completion of the
regulation; (2) provide the Committee and the Committee on Ways
and Means with an anticipated completion timeline; and (3)
provide updates to the Committee and the Committee on Ways and
Means every 60 days on progress until the completion and
release of the regulation.
The Committee directs CBP to provide a detailed expenditure
plan for biometric exit activities within 90 days of the date
of enactment of this Act, as directed in House Report 114-668.
Following a number of CBP litigation setbacks, settlements,
and administrative errors, CBP determined that a number of
companies received incorrect payments of collected duties under
the Continued Dumping and Subsidy Offset Act (CDSOA). CBP has
now directed domestic companies that received incorrect
payments to return those payments, which the Committee believes
poses an unfair burden on them. CBP is directed to determine
the impact of such repayments on U.S. producers and to notify
the Committee prior to recouping such payments or reducing
future payments. The Committee further directs CBP to develop
strategies that will allow for more accurate CDSOA payments in
the future.
After the bombing of the Alfred P. Murrah Federal Building
in Oklahoma City in 1995, the Interagency Security Committee
(ISC) was established to create safety standards for federal
buildings. Those standards play a crucial role in keeping
federal employees safe today. Consistent with ISC standards,
the Committee encourages CBP to work closely with local
governments to grant reasonable requests for easements and
other accommodations to encourage pedestrian and bicycle
traffic in congested urban environments without jeopardizing
the safety of the federal workforce.
The Committee encourages CBP to work with U.S. Citizenship
and Immigration Services to provide lawful permanent residents
who arrive at POEs with information about the naturalization
process and to encourage them to apply for citizenship.
Our nation's air, land, and sea POE facilities are in need
of improvements and modernization to enhance and improve the
Department's efforts to secure our borders and facilitate
legitimate travel, trade, and commerce. The Committee directs
the Department to submit a report that details its
prioritization of POE infrastructure capital investment
projects, the methods and models used to determine
prioritization, and an overview of Public-Private Partnership
agreements.
Within 90 days of the date of enactment of this Act, CBP
shall update for fiscal year 2019 the report on overtime for
CBP officers described in House Report 115-239. In addition,
CBP is directed to continue working with the U.S. Department of
Agriculture to better leverage existing staff to address the
agriculture inspection workload, such as through the
authorization of additional work hours or dual certification,
and to report back to the Committee on its efforts within 90
days of the date of enactment of this Act.
The Committee remains concerned that the agency has adopted
a policy that disallows drawback claims under section
1313(j)(2) for refund of taxes imposed on certain imported
products. As noted in House Report 114-668, CBP is required to
refund any duties, taxes, and fees imposed on imported products
if they are later exported or destroyed, or if commercially
interchangeable products manufactured in the United States are
subsequently exported. Additionally, CBP is expected to comply
with the direction in the explanatory statement accompanying
Public Law 115-141 with respect to drawbacks.
Consistent with House Report 114-668, 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.
The recommendation includes not less than $25,000,000 for
upgrades to POE technology, to include the BSDP and license
plate reader technology.
CBP should continue to provide regular updates on its
public website regarding progress in implementing
recommendations from GAO-16-542, related to anti-dumping and
countervailing duties, and on the status of implementing the
requirements of Executive Order 13785, Establishing Enhanced
Collection and Enforcement of Antidumping and Countervailing
Duties and Violation of Trade and Customs Laws.
The Committee is concerned by the continued ability of
international drug traffickers to import significant quantities
of deadly narcotics by exploiting vulnerabilities in our mail
systems. The establishment of Advance Electronic Data (AED)
targeting capabilities at five IMFs is a positive step, and CBP
should quickly expand the program to additional facilities. CBP
is directed to keep the Committee updated on the staffing and
technological resources needed to more effectively interdict
illicit drugs channeled through IMFs and ECFs.
CBP is directed to continue working with Great Lakes
seaports, cruise vessel operators, and other stakeholders to
develop a cruise passenger clearance plan, and shall continue
using mobile onboard passenger clearance technology until such
time as that plan has been implemented. The Committee looks
forward to receiving the briefing on this issue required by the
explanatory statement accompanying Public Law 115-141.
The Committee directs CBP to provide a report not later
than 90 days after the date of enactment of this Act on its
implementation of current law with respect to parole for vessel
lightering activities, to include import and export of crude
oil in ship-to-ship transfer operations.
The Committee expects CBP to work with seaports, cruise
vessel operators, and other stakeholders to determine the
appropriate number of CBP officers that need to be deployed at
seaports to properly and efficiently handle the clearance of
cruise passengers.
Integrated Operations
In order to increase surveillance capabilities on the
southwest border, the Committee recommends an additional
$31,000,000 for increased AMO flight hours. These funds may be
used for increased aircrew personnel; support staffing;
contract pilots for training or surge operations; equipment
upgrades; training; maintenance; fuel; and spares. Not later
than 30 days after the date of enactment of this Act, AMO shall
brief the Committee on execution plans for the funds, to
include potential out-year resource requirements and the number
of flight hours that can be achieved with the funding.
The Committee recommends $37,812,000 for the Air and Marine
Operations Center to reflect more accurate staffing needs based
on fiscal year 2018 hiring.
The Committee notes that CBP uses an oversight framework
and procedures that ensure that the use of its UAS is in
compliance with privacy and civil liberty laws and standards.
To effectively monitor such compliance, the Committee expects
DHS to track the number of times these systems are used along
the border, in a maritime environment, or in support of state,
local, and tribal law enforcement entities, and directs DHS to
make this information publicly available.
Mission Support
As CBP continues to struggle to onboard new agents and
officers, the Committee again encourages CBP to use exhibitions
of the Border Patrol Pistol Teams as a recruitment tool,
particularly if paired with the establishment of a marksmanship
program.
The Committee understands that CBP is carrying out a
Southern Border Threat Assessment to help inform future border
security investments, including the appropriate mix of
personnel, technology, and infrastructure. To accelerate the
efficient acquisition of border security technologies and
maximize industry expertise, the Committee urges the Department
and CBP to explore and expand the use of rapid and non-
traditional acquisition tools, such as Other Transaction
Authority and innovative commercial solutions authority
provided under section 880 of Public Law 114-328.
In addition, the Committee believes that DHS and CBP would
benefit from early collaboration with industry stakeholders on
the analysis of border security requirements, identification of
available technologies, design of technology and system
architectures, measurement of investment effectiveness, and
selection of acquisition strategies. To that end, the Committee
urges DHS and CBP to encourage industry efforts to establish
consortia through which industry participants could collaborate
to better inform CBP's border security requirements and provide
more effective border security solutions. To the extent that
existing authorities constrain the ability to contract with
such consortia, DHS is directed to provide technical assistance
to the Committee to identify statutory changes required to
facilitate such contracting.
To improve oversight on the execution of funding for
personnel, the Committee directs CBP to submit a report not
later than 15 days after the end of each month on staffing
numbers, to include gains and losses by pay period during the
month.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2018....................... $2,281,357,000
Budget request, fiscal year 2019...................... 1,841,548,000
Recommended in the bill............................... 5,510,244,000
Bill compared with:
Appropriation, fiscal year 2018................... +3,228,887,000
Budget request, fiscal year 2019.................. +3,668,696,000
The Committee includes the following increases above the
request: $3,273,696,000 for border infrastructure; $3,000,000
for Cross Border Tunnel Threats; $10,000,000 for continued
efforts on innovative towers; $40,000,000 for the Remote Video
Surveillance System; $10,000,000 for sUAS, to include nano-UAS;
$16,000,000 for linear ground detection capabilities;
$182,000,000 for NII to increase vehicle and cargo scanning on
the southern border; $40,000,000 for X-ray systems and hand-
held detection systems for IMFs and ECFs; $20,000,000 for
automated barcode reader technology to identify targeted
packages at IMFs; $15,000,000 for Automated Commercial
Environment enhancements for collections and post core
development; $30,000,000 for one additional multi-role
enforcement aircraft, to include a VADER sensor; and
$29,000,000 for one additional large-scale UAS, to include a
ground station and an associated VADER sensor.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Procurement, Construction, and
Improvement
Border Security Assets and $1,647,304,000 $5,000,000,000
Infrastructure...............
Trade and Travel Assets and 44,237,000 301,237,000
Infrastructure...............
Integrated Operations Assets
and Infrastructure
Airframes and Sensors..... 83,241,000 142,241,000
Construction and Facility 48,222,000 48,222,000
Improvements.................
Mission Support Assets and 18,544,000 18,544,000
Improvements.................
-------------------------------------
Subtotal, Procurement, $1,841,548,000 $5,510,244,000
Construction, and
Improvements.............
------------------------------------------------------------------------
CBP is to be commended for pursuing innovative technologies
that improve situational awareness and operational control of
our border. The Committee notes efforts to pilot a technology
platform east of San Diego that combines smart object detection
sensors with machine learning and computer vision capabilities,
which should improve the assessment and classification of
perimeter threats along the border and enable the more
efficient deployment of CBP resources. Based on the results of
the initial pilot, the Committee encourages CBP to pursue
additional deployments along the northern and southern borders.
U.S. Immigration and Customs Enforcement
Appropriation, fiscal year 2018....................... $7,075,874,000
Budget request, fiscal year 2019...................... 8,291,530,000
Recommended in the bill............................... 7,403,510,000
Bill compared with:
Appropriation, fiscal year 2018................... +327,636,000
Budget request, fiscal year 2019.................. -888,020,000
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.
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
removable aliens, detaining apprehended individuals when
necessary, and removing them from the United States in a manner
consistent with legal processes and procedures.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2018....................... $6,993,975,000
Budget request, fiscal year 2019...................... 8,221,099,000
Recommended in the bill............................... 7,333,079,000
Bill compared with:
Appropriation, fiscal year 2018................... +339,104,000
Budget request, fiscal year 2019.................. -888,020,000
The recommendation includes funding for over 400 additional
personnel and for 44,000 detention beds, an increase of 3,480
beds above the 2018 enacted level. The recommendation does not
assume the requested $207,000,000 in Immigration Examination
User Fee revenue to help offset costs for eligible activities
in this account due to concerns with the impact to U.S.
Citizenship and Immigration Services (USCIS) operations and the
growing backlog in applications for immigration benefits.
The following increases are included above the request:
$10,000,000 to sustain fiscal year 2018 enhancements for the
Child Exploitation Investigations Unit and the Angel Watch
Center; $9,200,000 for the Human Exploitation Rescue Operative
(HERO) Corps program, of which $1,500,000 is for paid
apprenticeships and $1,000,000 is for an increase of eight
Computer Forensics Analysts (CFA) for the Child Victim
Identification Program; $10,000,000 for the Victim Assistance
Program; $1,300,000 for an interoperable, nationwide
information sharing platform; $2,000,000 for upgrades to the
Sexual Offender Registration and Notification Act exchange
portal; $7,000,000 for the Biometric Identification Migration
Alert Program (BITMAP); $21,000,000 for the Visa Security
Program; $3,000,000 for self-service kiosks that facilitate
check-ins by individuals on the non-detained docket; and
$28,000,000 for 19,000 more daily Alternatives to Detention
(ATD) participants.
The Committee directs ICE, with CBP, USCIS, and the Office
of the Chief Financial Officer to provide the Committee with
regular updates on apprehensions, the average daily population
(ADP) in ICE detention, asylum claims, the number of
prosecution referrals to DOJ, and the number of referrals
accepted by DOJ. These updates should also include information
on how the Department is executing its current year and fiscal
year 2019 funding compared to the enacted appropriations
levels.
The Committee reminds the Department and ICE that while
Public Law 115-141 provides authority to address unanticipated
detention needs within the Operations and Support
appropriation, they must carefully consider the budgetary
impacts of any new enforcement policies prior to their
implementation.
The Committee is concerned by the trauma that has been
suffered by children and their relatives, including parents,
aunts, uncles, and grandparents, entering into the United
States, many of whom are fleeing violence. The Committee
provides $3,000,000 to provide on-site mental health services
for children and their families and mental health training to
officers and staff by mental health professionals specializing
in trauma treatment at ICE detention facilities.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Operations and Support
Homeland Security
Investigations
Domestic Investigations... $1,385,777,000 $1,621,594,000
International 150,691,000 180,997,000
Investigations...........
Intelligence.............. 73,799,000 74,794,000
-------------------------------------
Subtotal, Homeland 1,610,267,000 1,877,385,000
Security
Investigations.......
Enforcement and Removal
Operations
Custody Operations........ 3,520,476,000 3,050,447,000
Fugitive Operations....... 255,864,000 149,384,000
Criminal Alien Program.... 619,109,000 290,321,000
Alternatives to Detention. 184,446,000 213,142,000
Transportation and Removal 511,058,000 408,056,000
Program..................
-------------------------------------
Subtotal, Enforcement 5,090,953,000 4,111,350,000
and Removal
Operations...........
Mission Support............... 1,214,436,000 1,086,730,000
Office of the Principal Legal 305,443,000 257,614,000
Advisor......................
-------------------------------------
Total, Operations and $8,221,099,000 $7,333,079,000
Support..................
------------------------------------------------------------------------
The Committee fully supports ICE's efforts to enhance
public safety in the interior of the United States through the
enforcement of immigration laws and believes doing so
strengthens the security of the nation. To that end, the bill
includes funding for additional personnel and detention beds.
The Committee expects ICE to continue to prioritize the
apprehension and removal of criminal aliens and those
individuals who pose a risk to national security and public
safety, as described in Executive Order 13768.
In the execution of these activities, ICE should ensure
that field personnel, including ERO officers, are appropriately
trained on all agency policies and procedures involving
detained parents and legal guardians, including ICE's directive
on the Detention and Removal of Alien Parents or Legal
Guardians and time of arrest protocols to minimize harm to
children.
Additionally, the Committee understands it is ICE's policy
that enforcement actions at sensitive locations--identified as
schools, healthcare facilities, places of worship, religious or
civil ceremonies or observances, and public demonstrations--
should generally be avoided, and require either prior approval
from an appropriate supervisory official or exigent
circumstances necessitating immediate action. The policy is
intended to ensure that anyone seeking to participate in
activities or utilize services provided at such locations are
free to do so without fear or hesitation. The Committee expects
ICE to continue to follow this policy, which balances the
requirement to enforce the law with the impacts that these
actions may have on communities.
The Committee directs ICE's Office of Detention Oversight
to conduct unannounced inspections of all ICE family
residential centers at least twice per year, with the results
of each inspection promptly published on ICE's website.
The Committee directs the Department to make any form
required to be signed by a detained person to be written in
both English and Spanish.
The Committee notes with concern the detention of members
of religious minorities from Iraq, particularly the Iraqi
Chaldean Christian community, by Immigration and Customs
Enforcement for possible deportation. Congress and the
Department of State have recognized that a genocide has been
committed against Chaldeans and other religious minorities in
Iraq. 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.
Homeland Security Investigations
The recommendation includes $12,000,000 to sustain fiscal
year 2018 enhancements for the Child Exploitation
Investigations Unit, the Angel Watch Center, and the Computer
Forensics Analyst (CFA) pilot. The Committee notes that the
pilot is intended to provide career advancement options for
existing HERO personnel, not new HERO graduates. An additional
$1,500,000 is made available for paid apprenticeships for HERO
Child Rescue Corps participants during the field portion of
their apprenticeships, and an additional $1,000,000 is provided
for an increase of eight CFAs for the Child Victim
Identification Program. Additionally, $2,000,000 is provided
for upgrades to the Sexual Offender Registration and
Notification Act exchange portal.
Within the total, not less than $1,300,000 is provided to
support an interoperable, nationwide information sharing
platform related to the relationships of gang members, the
identification of trafficking routes, and federal coordination
between ICE, CBP, and DOJ.
ICE plays a critical role in investigating criminal
organizations that traffic individuals into and within the
United States. The Committee encourages ICE to work with
appropriate nonprofit organizations and victim service
providers to improve the training of ICE officers in the field
to assist in the identification of human trafficking victims
and provide appropriate referrals to victim service
organizations.
The Committee recommends an increase of $10,000,000 for the
HSI Victim Assistance Program for additional Victim Assistance
Specialists (VAS), Forensic Interview Specialists, and related
personnel, in addition to the program's base funding level of
$7,653,893. These additional resources are intended to ensure
that HSI's victim assistance capability is commensurate with
that of other federal law enforcement agencies, and will enable
the placement of a VAS with every human trafficking task force
in which HSI participates.
The total includes not less than $305,000 for promoting
public awareness of the child pornography tip line and not less
than $15,770,000 for investigations of forced labor law
violations, to include forced child labor. ICE is directed to
continue to submit an annual report on expenditures and
performance metrics associated with forced labor law
enforcement activities.
The Committee supports not less than $15,000,000 for
intellectual property law enforcement through the work of HSI
and the National Intellectual Property Rights (IPR)
Coordination Center, and directs ICE to ensure that the
National IPR Center is properly staffed to facilitate continued
enforcement actions against the theft of U.S. intellectual
property, particularly online, as required in Public Law 114-
125. Based on a new wave of digital copyright piracy involving
devices and software that connect consumers' televisions
directly to copyright-theft sites, the Committee directs ICE to
increase investigations and enforcement to thwart illicit
streaming involving media boxes and televisions.
The recommendation includes $20,000,000 for the Biometric
Identification Migration Alert Program (BITMAP), $7,000,000
above the request. Not later than 60 days after the date of
enactment of this Act, DHS shall brief the Committee on the
execution of the additional funding and on BITMAP efforts and
expansion.
Within the total for International Investigations, the
Committee recommends $65,000,000 for the Visa Security Program,
$5,000,000 above the fiscal year 2018 enacted level and
$21,000,000 above the request, to continue the expansion of the
program. Not later than 60 days after the date of enactment of
this Act, ICE shall brief the Committee on expansion plans and
on efforts to implement the recommendations in GAO-18-314,
Actions Needed to Strengthen Performance Management and
Planning for Expansion of DHS's Visa Security Program.
Within 90 days of the date of enactment of this Act, ICE is
directed to brief the Committee on its plan and schedule for
completing its ongoing evaluation of the potential use of body
worn cameras in its field enforcement activities. The Committee
notes that CBP has conducted studies on their use of body worn
cameras and encourages ICE to coordinate with CBP on lessons
learned.
Enforcement and Removal Operations
The Committee recommends an increase of $35,000,000 above
the budget request for the ATD program, and directs ICE to
prioritize ATD participation for vulnerable populations,
including families. Within the total, $28,000,000 shall be for
additional capacity in the current ATD program and $7,000,000
shall be for the first year of a five-year family case
management pilot program (FCMP) that leverages holistic case
management strategies to improve participant compliance with
immigration court adjudication obligations. The pilot shall
include an annual average of not fewer than 1,000 head of
household participants ICE should use lessons learned from the
February 2018 Family Case Management Close-out Report to inform
the design and implementation of this new pilot, and shall
brief the Committee prior to initiating the pilot.
Funding provided under Custody Operations supports the
hiring of additional personnel, including personnel to help
manage the increased number of ATD participants and
participants in the FCMP.
The Committee directs GAO to provide to the Committee an
annual review of the FCMP pilot, with a particular focus on the
design, implementation, performance, and costs of the pilot
when compared to a ``control population'' of ATD participants
that receive traditional case management support. ICE is
strongly encouraged to consult with GAO on best practices for
the design, implementation, and evaluation of pilot programs
prior to the initiation of this pilot.
Additionally, ICE is directed to work with the Department
of Justice to better prioritize the adjudication of the cases
of families, such as enrolling families on ATD, including the
FCMP, onto the detained docket, which should ensure that their
cases would be heard just as quickly as if they were in
detention. While the immigration adjudication process for
families enrolled in ATD has historically taken years, the
process could be significantly shortened if the immigration
courts were to make the adjudication of family cases a top
priority.
ICE shall continue to report and/or make public the
following, as detailed in House Report 115-239, and shall
follow the previously directed timeframes unless otherwise
specified:
--Semi-annual update on UACs who age out while in ORR
custody.
--Secure Communities report.
--Requirements related to detention facility
inspections; death in custody reporting, with
subsequent reporting to be released within 90 days of
the initial report unless additional time is required
for redacting personally identifiable information;
access to facilities; detainee locator information;
changes to the current detention facility category and
inspection framework; and compliance with the 2011
Performance Based National Detention Standards (PBNDS
2011) and Prison Rape Elimination Act requirements.
--Weekly Rate of Operations for Custody Operations.
The Department shall continue to submit data on the
deportation of parents of U.S.-born children semiannually, as
in prior years, and shall also report on removals of honorably
discharged members of the armed services. Additionally, the
Committee directs ICE 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 report shall also include
details on the number of DACA recipients detained. The first
report is due within 90 days of the date of enactment of this
Act.
ICE should ensure that operators of family detention
facilities do not prevent co-sleeping by parents and their
young children, which can be a source of comfort to children in
unfamiliar circumstances.
Section 287(g) of the Immigration and Nationality Act
authorizes ICE to enter into memoranda of understanding with
state and local law enforcement entities, through which ICE
delegates limited authority to enforce federal immigration laws
within their jurisdictions under ICE's direct supervision.
These agreements serve as an extension of the Criminal Alien
Program by directly supporting ICE's efforts to determine the
immigration status of individuals taken into custody by local
law enforcement in the course of their normal law enforcement
duties. With the implementation of Executive Order 13768,
Enhancing Public Safety in the Interior of the United States,
the number of agreements has increased from 31 to 78, with
additional agreements coming on line in the coming months. The
Committee supports ICE's efforts to increase the number of
state and local law enforcement entities participating in the
287(g) program in order to identify criminal aliens and
recommends the requested level of $75,520,000 to support the
287(g) program, which is $51,200,000 more than the fiscal year
2018 level.
ICE is required to continue its regular use of steering
committees for each jurisdiction, including the participation
of external stakeholders, to monitor the performance and
oversight of 287(g)-designated officers, and shall also
continue to provide an annual 287(g) report, as detailed in
House Report 115-239, which should also describe any plans for
future expansion of or changes to the use of its 287(g)
authority.
The Committee also expects ICE, the Office of Inspector
General (OIG), and the Office for Civil Rights and Civil
Liberties to continue providing rigorous oversight of the
287(g) program, and directs ICE to notify the Committee prior
to implementing any significant changes to the program,
including any changes to training requirements, data
collection, or selection criteria.
Due to the high up-front costs associated with expanding
ICE-owned Service Processing Centers, the Committee urges that
increases to detention capacity during fiscal year 2019 be
achieved through an expansion of private sector contracts,
Inter-governmental Service Agreements (IGSA), and Inter-
governmental Agreements (IGA).
ICE shall provide a report to the Committee, not later than
90 days after the date of enactment of this Act, identifying
for each detention contract, IGSA, or IGA the detention
standards under which it is inspected and the status of its
compliance with Prison Rape Elimination Act (PREA) standards;
all fiscal year 2018 costs by category, as appropriate; and the
number of authorized and average number of on-board medical and
mental health personnel, if any, during the fiscal year. In
addition, the Director of ICE shall continue to report to the
Committees at least 30 days in advance of entering into any new
or significantly modified detention contract or other detention
agreement that does not meet or exceed the Performance-Based
National Detention Standards 2011, as revised in 2016. Each
report shall include a justification for why such contract or
agreement requires different standards.
According to ICE, 89 percent of its ADP in detention is
housed in facilities that are contractually required to comply
with either DHS PREA standards or Department of Justice PREA
standards. Under PREA, DHS is required to bring detention
facilities into compliance when entering into any new, renewed,
or substantively modified detention contracts. Because
detention contracts are of an indefinite duration, however, ICE
has been unable to provide a schedule under which PREA
standards will apply to 100 percent of its detention
facilities. Within 30 days of the date of enactment of this
Act, ICE is directed to provide an estimate to the Committee
for the cost of bringing the remaining detention facilities
into compliance with PREA standards by the end of fiscal year
2019.
Within 30 days of the date of enactment of this Act, ICE is
directed to brief the Committee on its progress in implementing
the five recommendations made by the OIG in its recent report
on detention standards (OIG-18-67). In addition, the Committee
directs GAO to follow-up on the OIG report by examining ICE's
management and oversight of detention facilities, including the
extent to which DHS has (1) effective mechanisms in place to
monitor compliance with applicable detention facility
standards, including implementation of corrective actions; and
(2) effective processes in place for obtaining and addressing
complaints from aliens in detention facilities. GAO shall
provide a preliminary briefing to the Committee on its findings
within 180 days of the date of enactment of this Act.
Individuals detained in ICE detention facilities can
voluntarily participate in work programs at those facilities,
doing jobs such as cooking, laundry, and providing janitorial
services. The Committee is aware of reports, however, that some
detainees have been pressured to perform such work and were
penalized if they refused. The OIG is directed to review ICE
policies and oversight of contract detention facilities related
to detainee work programs, with a particular focus on how ICE
can ensure that such work is strictly voluntary.
The Committee directs ICE to make public the following
statistics, to be updated monthly: the average bond amount for
detainees; the percentage of detainees released after paying a
bond; the average length of detention for individuals who are
released on bond; and the average length of detention for
individuals offered release on bond who remain in detention
because they do not pay the bond.
ICE is directed to continue to provide performance reports
to the Committee on the ATD program, as described in House
Report 114-668. The analysis should also include ATD enrollment
by field office, type of supervision, and arresting agency, as
well as the average length of enrollment by type of
supervision. In addition, the report shall include ICE guidance
for referral, placement, escalation, and de-escalation
decisions in ATD programs.
The Committee directs ICE to incorporate access to ``know
your rights'' presentations at the point of enrollment for all
ATD programming, and to explore opportunities to work with
community based organizations that directly provide case
management services, including referrals to services already
available in the community that are associated with higher ATD
compliance rates.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2018....................... $81,899,000
Budget request, fiscal year 2019...................... 70,431,000
Recommended in the bill............................... 70,431,000
Bill compared with:
Appropriation, fiscal year 2018................... -11,468,000
Budget request, fiscal year 2019.................. - - -
The Committee recommends $70,431,000, for Procurement,
Construction, and Improvements, as requested.
Transportation Security Administration
Appropriation, fiscal year 2018....................... $7,395,355,000
Budget request, fiscal year 2019...................... 7,236,173,000
Recommended in the bill............................... 7,318,161,000
Bill compared with:
Appropriation, fiscal year 2018................... -77,194,000
Budget request, fiscal year 2019.................. +81,988,000
Mission
The Transportation Security Administration (TSA) is charged
with protecting U.S. transportation systems, while ensuring the
freedom of movement of people and commerce.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2018....................... $7,207,851,000
Budget request, fiscal year 2019...................... 7,075,950,000
Recommended in the bill............................... 7,167,778,000
Bill compared with:
Appropriation, fiscal year 2018................... -40,073,000
Budget request, fiscal year 2019.................. +91,828,000
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Operations and Support
Aviation Screening Operations
Screening Workforce
Screening Partnership $181,382,000 $181,382,000
Program..............
Screener Personnel, 3,191,783,000 3,294,783,000
Compensation, and
Benefits.............
Screener Training and 218,738,000 218,738,000
Other................
Airport Management........ 647,541,000 647,541,000
Canines................... 152,226,000 161,686,000
Screening Technology 382,927,000 382,927,000
Maintenance..............
Secure Flight............. 113,882,000 113,882,000
-------------------------------------
Subtotal, Aviation 4,888,479,000 5,000,939,000
Screening Operations.
Other Operations and
Enforcement
Inflight Security
Federal Air Marshals.. 779,210,000 755,578,000
Federal Flight Deck 19,539,000 22,539,000
Officer and Crew
Training.............
Aviation Regulation....... 171,905,000 171,905,000
Air Cargo................. 103,572,000 103,572,000
Intelligence and TSOC..... 79,524,000 79,524,000
Surface Programs.......... 73,818,000 73,818,000
Vetting Programs.......... 52,770,000 52,770,000
-------------------------------------
Subtotal, Other 1,280,338,000 1,259,706,000
Operations and
Enforcement..........
Mission Support............... 907,133,000 907,133,000
-------------------------------------
Total, Operations and 7,075,950,000 7,167,778,000
Support (gross)..........
Aviation Passenger Security -2,670,000,000 -2,670,000,000
Fees (offsetting collections)
Passenger Security Fee -520,000,000 - - -
Increase (offsetting
collections) (legislative
proposal)....................
-------------------------------------
Total, Operations and $3,885,950,000 $4,497,778,000
Support (net)............
------------------------------------------------------------------------
Aviation Screening Operations
The recommendation restores full funding to maintain TSA
staffing at existing airport exit lanes, as required by law.
The recommendation also includes an increase of 360 FTE to
enable TSA to support continued growth in air travel.
The recommendation includes an increase of $7,260,000 above
the request to begin to hire, train, certify, and deploy 50 new
canine teams, and an increase of $2,200,000 above the request
to continue to support TSA's establishment of a certified
canine cargo screening program. Not later than 90 days after
the date of enactment of this Act, TSA shall brief the
Committee on the implementation status of the third party
canine program, including expected industry participation and
projected resource requirements to administer the program in
fiscal year 2020 and future years. The Committee directs TSA to
include funding in future budget requests to support continued
implementation of the program.
Not later than 60 days after the date of enactment of this
Act, TSA shall brief the Committee on the feasibility of
establishing a program through which the agency would develop
standards and an approved vendor list of certified third party
canine providers for use by TSA and trusted aviation
stakeholders at passenger checkpoints and passenger baggage
screening.
The Committee directs that TSA provide a report not later
than 60 days after the date of enactment of this Act on the
agency's plans for identifying 3D-printed guns at passenger
screening checkpoints.
The Committee directs that TSA coordinate with ICE to
facilitate the passenger screening of parents who lack valid
identification documents and are attempting to reunite with
their children through use of the Identity Verification Call
Center.
The DCA Access Standard Security Program (DASSP) requires
all general aviation aircraft operators to follow security
measures in order to fly in and out of Ronald Reagan Washington
National Airport. Not later than 30 days after the date of
enactment of this Act, TSA is directed to brief the Committee
on the program, including current security standards and the
process by which TSA assesses risk to ensure security
requirements are commensurate with current threats.
The Committee is aware that TSA is currently implementing a
pilot passenger screening initiative at the Los Angeles
International Airport (LAX). The intent of the pilot is to
reduce disruption and distraction at security checkpoints
resulting from the presence of high-profile passengers, which
often attract large crowds, by screening such passengers
through an alternative checkpoint at a non-public terminal. The
two-year pilot was initiated in 2017 and is currently scheduled
to end in mid-2019. TSA should continue to work closely with
LAX to divert additional populations, such as flight crews, to
the pilot screening checkpoint if such action maximizes the
overall efficiency of TSA resources, maintains a high level of
security, and reduces wait times for all passengers. TSA is
directed to provide regular updates to the Committee on the
performance of the pilot, and to brief the Committee on its
evaluation of the pilot upon its conclusion. Should TSA require
any additional authorities in order to address the challenge of
high-profile passengers at LAX or other airports over the long
term, it should provide recommendations for such authorities to
the Committee and to the House Committee on Homeland Security.
TSA should review its methodology for the deployment of
stand-alone explosives detection systems to determine whether
to consider additional factors such as customer service,
airline logistics, existing belt system design, exclusive
airline use areas, and recent infrastructure investment that
may contribute to an airport's requirement for these systems.
Other Operations and Enforcement
The recommendation includes an increase of $3,000,000 above
the request for the Federal Flight Deck Officer and Flight Crew
Training (FFDO) program to establish additional training
capacity at a location that is more conducive to pilot
participation.
The Committee directs TSA to provide a briefing not later
than 60 days after the date of enactment of this Act on a plan
for a new FFDO training center, including a timeline for the
facility to become operational; projected costs to sustain
operations at the new facility, including consideration of the
potential consolidation of training from other sites; and
projected increases in FFDO enrollment, training, and
recertification.
Not later than 120 days after the date of enactment of this
Act, TSA, in consultation with other appropriate DHS components
and public and private stakeholders, shall make available a
framework for establishing operations centers to promote
interagency response and coordination at federalized airports,
including suggestions for establishing a formalized concept of
operations and recommendations on how to accommodate the
necessary resources, including physical work space, information
technology, and telecommunications for such operations centers,
depending on the categorization of the federalized airport.
Not later than 180 days after the date of enactment of this
Act, TSA shall provide a report on the compliance of airports
with subsection (a) of section 3 of the Gerardo Hernandez
Airport Security Act (Public Law 114-50) related to security
plans, including a description of the extent to which the
individualized security plans required under that section
address the plan elements listed in subsection (b).
As recommended by the Aviation Security Advisory Committee
in 2015, TSA is encouraged to assess the benefits of
establishing an air cargo security division within the agency
that is responsible for carrying out all policy related to air
cargo and providing stakeholders with a central interface at
the agency on all matters related to air cargo security.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2018....................... $167,314,000
Budget request, fiscal year 2019...................... 139,629,000
Recommended in the bill............................... 129,789,000
Bill compared with:
Appropriation, fiscal year 2018................... -37,525,000
Budget request, fiscal year 2019.................. -9,840,000
The recommendation includes an increase of $20,000,000
above the request to accelerate the procurement and
installation of computed tomography (CT) equipment at airport
checkpoints to provide enhanced detection capabilities for
carry-on baggage. Combined with the requested amount, the total
funding level will enable TSA to deploy approximately 240 CT
systems.
The Committee is aware of recent developments in the
Technology Infrastructure Modernization (TIM) program that
support a decision to discontinue further development spending
for a new TIM NextGen system. Therefore, the recommendation
does not include requested funding to continue development in
fiscal year 2019. TSA shall brief the Committee on the revised
full operating capability for the TIM program upon approval by
the Acquisition Review Board.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Procurement, Construction, and
Improvements
Aviation Screening
Infrastructure
Checkpoint Support........ $74,422,000 $94,422,000
Checked Baggage........... 35,367,000 35,367,000
Infrastructure for Other
Operations
Vetting Programs.......... 29,840,000 - - -
-------------------------------------
Total, Procurement, Construction, $139,629,000 $129,789,000
and Improvements.................
------------------------------------------------------------------------
Within 90 days of the date of enactment of this Act, TSA
shall initiate a pilot at one or more U.S. airports to evaluate
enhanced object recognition software that utilizes deep machine
learning algorithms, using existing carry-on baggage screening
technology. The pilot should examine the capability to detect
prohibited items, including firearms, sharp objects, prohibited
tools, and other dangerous items; be able to adapt to emergent
threats; be compatible with next generation systems currently
under evaluation by the TSA; and consider cost effectiveness,
to include the effect of false alarm rates on the screening
process.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2018....................... $20,190,000
Budget request, fiscal year 2019...................... 20,594,000
Recommended in the bill............................... 20,594,000
Bill compared with:
Appropriation, fiscal year 2018................... +404,000
Budget request, fiscal year 2019.................. - - -
Not later than 90 days after the date of enactment of this
Act, TSA shall brief the Committee on Innovation Task Force
initiatives to develop, test, and deploy innovative security
solutions.
Coast Guard
Appropriation, fiscal year 2018....................... $12,107,724,000
Budget request, fiscal year 2019...................... 11,438,201,000
Recommended in the bill*.............................. 11,021,701,000
Bill compared with:
Appropriation, fiscal year 2018................... -1,086,023,000
Budget request, fiscal year 2019.................. -416,500,000
*In addition, the bill includes a directed transfer of $95,000,000 to
the Coast Guard from prior year Science and Technology--Research and
Development unobligated balances for long lead time materials for a
National Security Cutter.
Mission
The Coast Guard is the principal federal agency charged
with maritime safety, security, and stewardship. The Coast
Guard is a military, multi-mission, maritime service within DHS
and one of the nation's five armed services. The core roles of
the Coast Guard are to protect the public, the environment, and
U.S. economic and security interests in any maritime region in
which those interests may be at risk, including international
waters and America's coasts, ports, and inland waterways. Both
the Arctic and the Antarctic regions fall within the scope of
Coast Guard responsibilities.
Recommendation
The bill adopts new appropriations accounts for the Coast
Guard, as proposed in the budget request, which more closely
align its funding structure with that of the rest of the
Department. For purposes of consistency, fiscal year 2018
enacted levels are displayed using the new appropriations
accounts in the following manner: ``Operating Expenses'' is now
displayed as ``Operations and Support''; ``Acquisition,
Construction, and Improvements'' is now displayed as
``Procurement, Construction, and Improvements''; and
``Research, Development, Test, and Evaluation'' is now
displayed as ``Research and Development''. Activities funded
within the ``Reserve Training'' account are realigned to the
``Operations and Support'' account starting in fiscal year
2019. The recommendation does not reflect the proposed
realignment of ``Environmental, Compliance, and Restoration''
(EC&R) functions into the O&S account, because the current
authorization for these functions (14 U.S.C. 692) requires any
funding appropriated for them to be transferred into an EC&R
account, regardless of the account in which such funds are
appropriated.
OPERATIONS & SUPPORT
Appropriation, fiscal year 2018\1\.................... $7,373,313,000
Budget request, fiscal year 2019\2\................... 7,593,138,000
Recommended in the bill\3\............................ 7,620,209,000
Bill compared with:
Appropriation, fiscal year 2018................... +246,896,000
Budget request, fiscal year 2019.................. +27,071,000
\1\Includes funding for Operating Expenses and the Global War on
Terrorism (GWOT)/Overseas Contingency Operations (OCO).
\2\Funding for the Coast Guard related to GWOT/OCO is requested under
Navy, Operations and Maintenance.
\3\Does not include funding for GWOT/OCO.
The Operations & Support (O&S) appropriation funds the
Coast Guard's 11 statutory missions and other activities in
support of DHS and national priorities. The O&S appropriation
funds military and civilian Coast Guard personnel, as well as
the operation and maintenance of new and existing Coast Guard
fleets, equipment, facilities, and programs. The appropriation
also includes funding for Reserve Training.
Similar to the other Armed Services, the Coast Guard must
maintain military readiness in order to meet its mission
requirements. Within 180 days of enactment of this Act, the
Coast Guard is directed to report to the Committee on any lost
operational time due to unplanned maintenance or supply
shortfalls for cutters, aircraft, and boats, as well as the
current operations and support (O&S) maintenance backlog for
cutters, aircraft, shore facilities, and information technology
systems, including the operational impact of this backlog.
The Committee recommends $7,620,209,000 for O&S,
$27,071,000 above the request to fund additional full-time
equivalents, increase child care subsidy benefits, fund an
independent analysis of the current and projected air and sea
fleet requirements, and address rising costs for fuel and rent.
Also included in this amount is $1,000,000 to equip the Fast
Response Cutter fleet with hailing and acoustic laser light
tactical systems. A comparison of the budget request to the
Committee recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Operations & Support
Military Pay and Allowances... $3,851,095,000 $3,868,095,000
Civilian Pay and Benefits..... 929,385,000 929,385,000
Training and Recruiting....... 187,991,000 188,338,000
Operating Funds and Unit Level 907,894,000 929,747,000
Maintenance..................
Centrally Managed Accounts.... 143,641,000 151,941,000
Intermediate and Depot Level 1,442,048,000 1,435,048,000
Maintenance..................
Reserve Training.............. 117,655,000 117,655,000
Environmental Compliance and 13,429,000 - - -
Restoration..................
-------------------------------------
Total, Operations & $7,593,138,000 $7,620,209,000
Support..................
------------------------------------------------------------------------
In April, the Coast Guard and the Department of Defense
(DoD) announced a partnership to integrate the Coast Guard into
the Military Health System (MHS) GENESIS electronic health
record (EHR). The health and safety of Coast Guard men and
women are a priority for this Committee, and adoption of an EHR
will provide for the seamless flow of patient information.
The Committee directs the Coast Guard to continue to
provide an annual report within 90 days after the date of
enactment of this Act, on the number of expedited requests for
transfer made by victims of sexual assault during the prior
fiscal year, including the number of applications denied and a
description of the rationale for each denied request. The
report shall also include the number of service members served
by the Special Victim Counsel program during the same period.
The Committee is aware of the extraordinary demands made on
members of the Coast Guard and their families. Access to child
care is critical to supporting Coast Guard families,
particularly for those assigned to remote Coast Guard stations
and high cost-of-living areas. The recommendation includes an
increase above the request of $2,000,000 to increase child care
subsidy availability to not less than $6,900,000. The Committee
looks forward to reviewing the results of the child care survey
that was required in the Joint Explanatory Statement
accompanying the Consolidated Appropriations Act, 2018.
The Committee is concerned that illegal, unreported, and
unregulated (IUU) fishing accounts for billions in losses for
the global fishing industry and about the ties that IUU fishing
has with piracy, drug trafficking, human trafficking, and
slavery. The Committee directs the USCG to submit a plan for a
one-year pilot program, not later than the submission of the
budget request for Fiscal Year 2020, for implementing an
innovative and multi-technology system that facilitates
increased monitoring capability; provides enforcement-quality
data and intelligence; and maximizes the real-time response of
surface-based enforcement assets.
The Committee is concerned about the risks posed by natural
disasters, including tsunamis, to USCG stations. The Committee
directs the USCG to identify natural disaster risks and develop
a plan to mitigate the identified risks and improve the
resiliency of USCG stations.
The Commandant of the Coast Guard is directed to provide to
the Committee not later than one year after the date of
enactment of this Act, a report that examines the number and
type of Coast Guard assets required to meet the Service's
current and foreseeable needs in accordance with the Service's
statutory missions. The report shall include, but not be
limited to, an assessment of the required number and types of
cutters and aircraft for current and planned asset
acquisitions. The report shall specifically address regional
mission requirements in the Western Hemisphere, including the
Polar regions, support provided to Combatant Commanders, and
trends in illicit activity and illegal migration. In order to
provide an impartial assessment, the recommendation includes an
increase of $3,300,000 for the report to be prepared by a
Federally Funded Research and Development Center experienced in
similar examinations.
The Committee recognizes the Coast Guard Academy's current
efforts to recruit and retain a diverse and highly qualified
Corps through programs like Eclipse Week, and encourages
further expansion of these efforts, particularly through
implementing the recommendations of the 2017 Equity Scorecard.
The Committee urges the Coast Guard to expand existing
Partnership in Education programs, and use up to $1,000,000 of
the funds provided to help buildout efforts in cooperation with
museums, schools, and other nontraditional classroom settings
and on limnology and oceanographic programs that support
Science, Technology, Engineering, and Mathematics education
through regional headquarters, and consider expanding these
programs with minority-serving institutions.
The Committee reminds the Coast Guard of its finding that
the location of the Maryland Wind Energy Area poses
``unacceptable navigational safety risks''. The Committee urges
the Coast Guard to take any and all steps to ensure the
navigational safety for maritime traffic off the coast of
Maryland, including but not limited to the designation of
fairways and traffic separation schemes identified as
priorities in the Coast Guard Atlantic Coast Port Access Route
Study.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2018....................... $2,694,745,000
Budget request, fiscal year 2019...................... 1,886,750,000
Recommended in the bill*.............................. 1,429,750,000
Bill compared with:
Appropriation, fiscal year 2018................... -1,264,995,000
Budget request, fiscal year 2019.................. -457,000,000
*In addition, the bill includes a directed transfer of $95,000,000 to
the Coast Guard from prior year Science and Technology--Research and
Development unobligated balances for long lead time materials for a
National Security Cutter.
Procurement, Construction, and Improvements (PC&I) provides
for the procurement, construction, rehabilitation, and
improvement of vessels, aircraft, shore facilities, aids to
navigation (ATON) systems and facilities, and command, control,
communications, and computer systems and related equipment.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Procurement, Construction, and
Improvements
Vessels
Survey and Design-Vessels $500,000 $500,000
and Boats................
In-Service Vessel 63,250,000 63,250,000
Sustainment..............
National Security Cutter*. 65,000,000 140,000,000
Offshore Patrol Cutter.... 400,000,000 400,000,000
Fast Response Cutter...... 240,000,000 340,000,000
Cutter Boats.............. 5,000,000 5,000,000
Polar Ice Breaking Vessel. 750,000,000 - - -
Inland Waterways and 5,000,000 5,000,000
Western Rivers Cutter....
Polar Sustainment......... 15,000,000 15,000,000
-------------------------------------
Subtotal, Vessels..... 1,543,750,000 968,750,000
Aircraft
HC-144 Conversion/ 17,000,000 17,000,000
Sustainment..............
HC-27J Conversion/ 80,000,000 80,000,000
Sustainment..............
HC-130J Acquisition/ - - - 105,000,000
Conversion/Sustainment...
HH-65 Conversion/ 20,000,000 28,000,000
Sustainment..............
MH-60T Sustainment........ 25,000,000 25,000,000
Small Unmanned Aircraft 6,000,000 6,000,000
Systems..................
-------------------------------------
Subtotal, Aircraft.... 148,000,000 261,000,000
Other Acquisition Programs
Other Equipment and 3,500,000 3,500,000
Systems..................
Program Oversight and 20,000,000 20,000,000
Management...............
C4ISR..................... 23,300,000 23,300,000
CG-Logistics Information 13,200,000 13,200,000
Management System (CG-
LIMS)....................
-------------------------------------
Subtotal, Other 60,000,000 60,000,000
Acquisition Programs.
Shore Facilities and Aids to
Navigation
Major Construction; 30,000,000 35,000,000
Housing; ATON; and Survey
and Design...............
Major Acquisition Systems 100,000,000 100,000,000
Infrastructure...........
Minor Shore............... 5,000,000 5,000,000
-------------------------------------
Subtotal, Shore 135,000,000 140,000,000
Facilities and Aids
to Navigation........
=====================================
Subtotal, Procurement, $1,886,750,000 $1,429,750,000
Construction, and
Improvements.............
------------------------------------------------------------------------
*In addition, the bill includes a directed transfer of $95,000,000 to
the Coast Guard from prior year Science and Technology--Research and
Development unobligated balances for long lead time materials for a
National Security Cutter.
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.
Vessels
Polar Ice Breaking Vessel. The Committee recognizes that
Polar icebreakers are essential to securing the nation's
security and economic interests in the Polar regions. While the
recommendation does not include the requested funding for the
construction of a new Polar Icebreaker, the Committee plans to
work with the Coast Guard to determine what is needed in fiscal
year 2019 to advance this program. The Coast Guard's existing
operational icebreaking fleet consists of just one heavy
icebreaker, the POLAR STAR, which entered into service in 1976.
The Coast Guard has testified that it will need to sustain the
POLAR STAR beyond two years after delivery of the first of the
new class of icebreakers to ensure mission readiness, thus the
Committee recommends $15,000,000, as requested. The Committee
looks forward to the updated cost estimate for the POLAR STAR's
service life extension project (SLEP) that is anticipated this
summer.
National Security Cutter (NSC). The Consolidated
Appropriations Act, 2018 (Public Law 115-141) provided
$1,241,000,000 for the NSC program, which included funds for
construction of the tenth and eleventh NSC, a contrast from the
historic approach of funding construction for one NSC per
fiscal year. The Committee's fiscal year 2019 recommendation
includes $140,000,000 for the NSC program, $75,000,000 more
than requested. Included in this amount is an additional
$75,000,000 above the request to continue support of Post
Delivery Activities (PDA) for the seventh through ninth hulls
and other program-wide activities.
Offshore Patrol Cutter (OPC). The recommendation includes
$400,000,000 for the OPC program, as requested, to fund
construction of the second OPC, long lead time materials for
the third, and program management costs.
Fast Response Cutter (FRC). The recommendation provides
$340,000,000 for six FRCs, four for the current program of
record, as requested, and two to continue replacement of the
110-foot Island Class Cutters supporting U.S. Central Command
in Southwest Asia. The Committee strongly encourages the Coast
Guard to transition the 110-foot patrol boats supporting U.S.
Central Command in Southwest Asia to FRCs in the most expedient
manner possible, and to update the Committee of any changes to
its FRC deployment strategy. The Committee understands the
current patrol boats are well past their service life and wants
to ensure the Coast Guard men and women serving in this
challenging area of operations have the right equipment
necessary to meet these evolving threats.
Aircraft
HC-130J Acquisition/Conversion/Sustainment. The
recommendation provides $105,000,000 for one HC-130J aircraft,
which funds the production and missionization of the sixteenth
aircraft, advancing the Coast Guard's acquisition program goal
of 22 HC-130J aircraft.
MH-60T Sustainment. The Committee recommends $25,000,000
for the MH-60T SLEP, as requested. The Committee supports
efforts to sustain the Coast Guard's MH-60T aircraft. Not later
than 180 days after the date of enactment of this Act, the
Coast Guard is directed to complete its alternatives analysis
on options for extending the lifespan of MH-60T aircraft. The
analysis should focus on options with long term benefits that
reduce production and technical risk. The Committee is aware
that the Coast Guard MH-60T fleet currently has more flight
hours per aircraft than any other H-60 fleet and does not
support developmental options. The Committee directs the Coast
Guard to choose a sustainment strategy that is proven to be
safe and reliable to ensure the fleet can be sustained until it
is recapitalized in conjunction with the Department of
Defense's Future Vertical Lift program.
HH-65 Conversion/Sustainment. The recommendation provides
$28,000,000 for the HH-65 program, $8,000,000 above the request
to fund both the planned avionics upgrades and the costs
associated with the SLEP. The USCG will save on labor costs by
completing both projects concurrently during the normal depot
maintenance cycle, which will also reduce the risk of these
aircraft reaching the maximum 20,000 hours prior to undergoing
SLEP.
Shore Facilities and Aids to Navigation
Major Construction; Housing; ATON; and Survey & Design. The
recommendation includes $5,000,000 above the request to address
station facility requirements identified on the Coast Guard's
Unfunded Priority List.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2018....................... $29,141,000
Budget request, fiscal year 2019...................... 19,109,000
Recommended in the bill............................... 19,109,000
Bill compared with:
Appropriation, fiscal year 2018................... -10,032,000
Budget request, fiscal year 2019.................. - - -
Research and Development (R&D) funding sustains critical
Coast Guard mission capabilities through applied research,
testing, development, and evaluation programs. Several R&D
programs include partnerships with other DHS components, DoD,
and other federal and private research organizations.
The Committee is aware that the U.S. Navy has an ongoing
program to develop and field advanced ballistic shielding on
Crew Served Weapon Stations that will provide increased
protection at lower weight with high durability in the marine
environment. The Committee encourages the Coast Guard to assess
whether this protection system is appropriate for Coast Guard
vessels.
The Coast Guard is directed to brief the Committee not
later than 90 days after the date of enactment of this Act with
an update on the results of the examination, for which up to
$5,000,000 was provided in the fiscal year 2018 DHS
Appropriations Act, on whether the Coast Guard's heavy
icebreaking requirements can be met by existing vessels using
short-term procurement strategies.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriation, fiscal year 2018....................... $13,397,000
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... 13,429,000
Bill compared with:
Appropriation, fiscal year 2018................... +32,000
Budget request, fiscal year 2019.................. +13,429,000
The Environmental Compliance and Restoration appropriation
provides funding for environmental cleanup, sustainment, and
restoration of current and former contaminated Coast Guard
facilities. Additionally, it funds engineering remedies on
Coast Guard assets for the purpose of obtaining or restoring
compliance with environmental laws and preventing contamination
and environmental damage.
The Committee recommends $13,429,000 for EC&R. The funding
level for these activities is the same as the amount requested;
however, the recommendation continues funding in the EC&R
account instead of the requested realignment into the O&S
account.
HEALTH CARE FUND CONTRIBUTION\1\
Appropriation, fiscal year 2018....................... $204,136,000
Budget request, fiscal year 2019...................... 199,360,000
Recommended in the bill............................... 199,360,000
Bill compared with:
Appropriation, fiscal year 2018................... -4,776,000
Budget request, fiscal year 2019.................. - - -
\1\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 2018....................... $1,676,117,000
Budget request, fiscal year 2019...................... 1,739,844,000
Recommended in the bill............................... 1,739,844,000
Bill compared with:
Appropriation, fiscal year 2018................... +63,727,000
Budget request, fiscal year 2019.................. - - -
The Retired Pay 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 2018....................... $2,006,524,000
Budget request, fiscal year 2019...................... 2,151,624,000
Recommended in the bill............................... 2,167,186,000
Bill compared with:
Appropriation, fiscal year 2018................... +160,662,000
Budget request, fiscal year 2019.................. +15,562,000
Mission
The United States Secret Service (USSS) has statutory
authority to carry out two primary missions: protecting the
nation's leaders and investigating financial and electronic
crimes. The Secret Service 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 (NSSEs). 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 2018....................... $1,915,794,000
Budget request, fiscal year 2019...................... 2,084,308,000
Recommended in the bill............................... 2,099,870,000
Bill compared with:
Appropriation, fiscal year 2018.................. +184,076,000
Budget request, fiscal year 2019.................. +15,562,000
Within the total amount provided, the Committee recommends
that $41,536,000 remain available until September 30, 2020, of
which $6,782,000 is for the James J. Rowley Training Center;
$10,754,000 is for Operational Mission Support (OMS); and
$18,000,000 is for protective travel. As directed in House
Report 115-239, USSS should continue to work towards obligating
all of its Operations and Support funding during the fiscal
year, including projects supported by OMS.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Operations and Support
Protective Operations
Protection of Persons and $747,201,000 $747,201,000
Facilities...............
Protective Countermeasures 55,309,000 55,309,000
Protective Intelligence... 48,239,000 48,239,000
Presidential Campaigns and 28,500,000 28,500,000
National Special Security
Events...................
-------------------------------------
Subtotal, Protective 879,249,000 879,249,000
Operations...........
Field Operations
Domestic and International 627,687,000 628,471,000
Field Operations.........
Support for Missing and 6,000,000 6,000,000
Exploited Children
Investigations...........
Support for Computer 4,000,000 18,778,000
Forensics Training.......
-------------------------------------
Subtotal, Field 637,687,000 653,249,000
Operations...........
Basic and In-Service Training 101,854,000 101,854,000
and Professional Development.
Mission Support............... 465,518,000 465,518,000
-------------------------------------
Total, Operations and $2,084,308,000 $2,099,870,000
Support..................
------------------------------------------------------------------------
The recommendation includes $18,778,000 for continued
support of the National Computer Forensics Institute (NCFI),
which is $14,778,000 above the request. The NCFI provides
electronic crimes investigation training to state and local law
enforcement officers, prosecutors, and judges who are nominated
for participation by USSS field offices. The recommendation
also includes $8,366,000 for support of missing and exploited
children investigations, of which $2,366,000 is for forensic
and investigative support and $6,000,000, as requested, is for
a grant related to investigations.
For fiscal years 2016 through 2018, Congress appropriated
nearly $45,000,000 to the Secret Service to refresh National
Capital Region radio equipment. The recommendation includes
$3,494,000, as requested, for sustainment of the newly-deployed
equipment.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2018....................... $90,480,000
Budget request, fiscal year 2019...................... 64,816,000
Recommended in the bill............................... 64,816,000
Bill compared with:
Appropriation, fiscal year 2018................... -25,664,000
Budget request, fiscal year 2019.................. - - -
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Procurement, Construction, and
Improvements
Protection Assets and $52,971,000 $52,971,000
Infrastructure...............
Operational Communications/ 8,845,000 8,845,000
Information Technology.......
Construction and Facility 3,000,000 3,000,000
Improvements.................
-------------------------------------
Total, Procurement, $64,816,000 $64,816,000
Construction, and
Improvements.............
------------------------------------------------------------------------
The Secret Service shall brief the Committee not later than
90 days after the date of enactment of this Act on the
recapitalization of fully armored vehicles, including a
schedule for production and delivery of replacement vehicles.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2018....................... $250,000
Budget request, fiscal year 2019...................... 2,500,000
Recommended in the bill............................... 2,500,000
Bill compared with:
Appropriation, fiscal year 2018................... +2,250,000
Budget request, fiscal year 2019.................. - - -
Title II--Administrative Provisions--This Act
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 COBRA fee revenue.
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 funds from being used by DHS to approve, license,
facilitate, authorize, or allow the trafficking or import of
property confiscated by the Cuban Government.
Section 208. The Committee continues a provision allowing
the Secretary to reprogram funds within and transfer funds to
``U.S. Immigration and Customs Enforcement--Operations and
Support'' to ensure the detention of aliens prioritized for
removal.
Section 209. The Committee continues a provision
prohibiting the use of funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support''
for the 287(g) program if the terms of the agreement governing
the delegation of authority have been materially violated.
Section 210. 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 211. The Committee continues a provision clarifying
that certain elected and appointed officials are not exempt
from federal passenger and baggage screening.
Section 212. The Committee continues a provision directing
the deployment of explosives detection systems based on risk
and other factors.
Section 213. The Committee continues a provision
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.
Section 214. 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 215. The Committee continues a provision allowing
up to $10,000,000 to be reprogrammed to or from Military Pay
and Allowances within ``Coast Guard--Operations and Support''.
Section 216. The Committee continues a provision requiring
submission of a future-years capital investment plan.
Section 217. The Committee continues a provision allowing
the Secret Service to obligate funds in anticipation of
reimbursement for personnel receiving training.
Section 218. The Committee continues a provision
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 where the Director has
entered into a reimbursable agreement for such protection
services.
Section 219. The Committee continues a provision allowing
the reprogramming of funds within ``United States Secret
Service--Operations and Support''.
Section 220. 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 221. The Committee includes a new provision
requiring the submission of an expenditure plan for funds made
available for ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'', and prohibiting
the obligation of funds without prior approval of the plan by
the Committees on Appropriations.
Section 222. The Committee includes a provision providing
an additional $1,000,000 for ``Coast Guard--Operations and
Support''.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
Appropriation, fiscal year 2018....................... $1,911,402,000
Budget request, fiscal year 2019...................... 1,821,151,000
Recommended in the bill............................... 1,934,562,000
Bill compared with:
Appropriation, fiscal year 2018................... +23,160,000
Budget request, fiscal year 2019.................. +113,411,000
Mission
The National Protection and Programs Directorate (NPPD) is
responsible for enhancing the security of the nation's physical
and cyber infrastructure and interoperable communications
systems; preventing terrorism and enhancing security;
safeguarding and securing cyberspace; and strengthening
national preparedness and resilience. Secure and resilient
infrastructure is essential for national security, economic
vitality, and public health and safety.
Recommendation
The Committee is concerned about the increasing frequency
of advanced persistent threats targeting critical
infrastructure sectors in the United States. Within 60 days of
the date of enactment of this Act, the Department is directed
to brief the Committee on the status of implementing the
recommendations of the 2017 report of the National
Infrastructure Advisory Council, Securing Cyber Assets:
Addressing Urgent Cyber Threats to Critical Infrastructure.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2018....................... $1,482,165,000
Budget request, fiscal year 2019...................... 1,470,340,000
Recommended in the bill 1,550,112,000
Bill compared with:
Appropriation, fiscal year 2018................... +67,947,000
Budget request, fiscal year 2019.................. +79,772,000
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommendation
------------------------------------------------------------------------
Operations and Support
Cybersecurity
Cyber Readiness and $224,396,000 $259,775,000
Response.................
Cyber Infrastructure 30,059,000 38,259,000
Resilience...............
Federal Cybersecurity..... 458,600,000 462,200,000
-------------------------------------
Subtotal, 713,055,000 760,234,000
Cybersecurity....
Infrastructure Protection
Infrastructure Capacity 129,182,000 138,953,000
Building
Infrastructure Security 76,853,000 76,853,000
Compliance...................
-------------------------------------
Subtotal, 206,035,000 215,806,000
Infrastructure
Protection.......
Emergency Communications
Emergency Communications 51,785,000 53,785,000
Preparedness.............
Priority 63,911,000 63,911,000
Telecommunications
Services.................
-------------------------------------
Subtotal, 115,696,000 117,696,000
Emergency
Communications...
Integrated Operations
Cyber and Infrastructure 44,683,000 60,950,000
Analysis.................
Critical Infrastructure 23,429,000 27,984,000
Situational Awareness....
[Defense]............. (21,320,000) (25,465,000)
Stakeholder Engagement and 45,127,000 45,127,000
Requirements.............
[Defense]............. (40,614,000) (40,614,000)
Strategy, Policy, and 13,931,000 13,931,000
Plans....................
[Defense]............. (9,194,000) (9,194,000)
-------------------------------------
Subtotal, 127,170,000 147,992,000
Integrated
Operations.......
Office of Biometric Identity
Management
Identity and Screening 69,590,000 69,590,000
Program Operations.......
IDENT/Homeland Advanced 160,691,000 160,691,000
Recognition Technology...
-------------------------------------
Subtotal, Office 230,281,000 230,281,000
of Biometric
Identity
Management.......
Mission Support............... 78,103,000 78,103,000
[Defense]................. (24,212,000) (24,212,000)
-------------------------------------
Total, Operations and $1,470,340,000 $1,550,112,000
Support..............
------------------------------------------------------------------------
Cybersecurity
Cyber Readiness and Response. The Committee recommends
$259,775,000 for Cyber Readiness and Response, $35,379,000
above the request, of which $29,379,000 is to continue
investing in the Election Infrastructure Security Initiative
(EISI) and $6,000,000 is to increase cybersecurity services for
the non-election critical infrastructure sectors. The Committee
encourages NPPD to implement measures to increase National
Cybersecurity and Communications Integration Center (NCCIC)
operational efficiency and coordination in preparation for the
upcoming mid-term elections. NPPD is urged to work with the
Election Assistance Commission and state and local governments
and increase support for training, risk assessments, and
incident response.
Given that elections infrastructure--election and voting
systems, products, and service vendors and related supply-chain
participants--have been designated as part of the nation's
critical infrastructure, DHS has a significant role in
assisting state and local election officials as they prepare
for federal elections. The Committee appreciates that DHS is
working to provide that assistance and that there is an ongoing
OIG investigation to examine the status of that work. To aid
the Committee in its oversight function, the GAO shall examine
how DHS is implementing its key responsibilities in overseeing
protection of the elections critical infrastructure subsector
and the reported benefits and challenges of such efforts.
The Committee is aware of a joint cybersecurity
collaborative exercise between the Snohomish County Public
Utility District and the Washington State National Guard that
informed the likely financial impact and cost of future cyber
events. NPPD is directed to explore opportunities for
facilitating such partnerships between and among federal,
state, local, and private entities on the use of penetration
testing and modeling to evaluate cyber vulnerabilities in
critical infrastructure; work with the Chief of the National
Guard Bureau and other stakeholders to identify best practices
for such testing and modeling; and brief the Committee within
180 days after the date of enactment of this Act on how NPPD,
the National Guard, and other stakeholders could play a larger
role in facilitating such partnerships.
NPPD is directed to brief the Committee on the feasibility
of establishing a pilot for a hacking competition that would
allow independent cyber experts to identify cybersecurity
vulnerabilities in election systems across the country, with
participants potentially eligible to receive rewards, as
determined by the Secretary, based upon their findings. The
participation of state and local election officials, including
any access to their networks, should be completely voluntary.
State and local election officials, as well as election service
providers, should be appropriately notified about relevant
cybersecurity vulnerabilities discovered through the
competition.
Cyber Infrastructure Resilience. The Committee recommends
$38,259,000 for Cyber Infrastructure Resilience, $8,200,000
above the amount requested to hire subject matter experts for
training systems and for instructional system design; develop
consolidated cybersecurity training curricula and a course
catalog; and create marketing materials to engage customers.
NPPD is encouraged to consolidate its training, exercise, and
education programs; expand and enhance training and exercise
programs for federal, state, local, tribal, and territorial
cyber professional and critical infrastructure owners and
operators; and engage stakeholders in the private sector and at
educational institutions, including elementary, secondary, and
university organizations, to develop innovation services,
projects, and ideas to build a national pipeline of
cybersecurity professionals. Within its curricula and course
offerings, NPPD is also encouraged to ensure that the Chemical
Facility Anti-Terrorism Security (CFATS) inspectors are
provided sufficient cybersecurity training.
Federal Cybersecurity. The Committee recommends
$462,200,000 for Federal Cybersecurity, $3,600,000 above the
amount requested for additional positions to accelerate
deployment of the Continuous Diagnostics and Mitigation (CDM)
technology program.
Infrastructure Protection
Infrastructure Capacity Building. The Committee recommends
$138,953,000 for Infrastructure Capacity Building, $9,771,000
above the amount requested, including $1,121,000 for EISI and
$4,650,000 to support NPPD's regionalization effort, which will
improve service delivery to the field.
Terrorists and other extremist actors place significant
emphasis on conducting simple and unsophisticated attacks on
event venues and infrastructure that, due to the nature of
their business or operational models, have relatively few
security measures in place, such as sporting events, concerts,
and schools. The Committee supports NPPD's plan to establish a
Soft Target Program Management Office that will address these
risks in a more comprehensive, innovative, and coordinated
manner. It is imperative that venue and infrastructure owners
and operators continue to identify innovative solutions, such
as credential verification, to mitigate risks in order to
reduce the probability of a successful attack that could result
in casualties or operational disruptions. The recommendation
includes an additional $4,000,000 for a credential verification
pilot that would examine the feasibility of implementing
security protocols for screening and verifying the identities
of individuals prior to their entry into a facility without
significantly disrupting the visitor experience.
Emergency Communications
Emergency Communications Preparedness. The Committee
recommends $53,785,000 for Emergency Communications
Preparedness, $2,000,000 above the amount requested, for EISI.
Of the amount provided, $3,482,000 is for development and
implementation of the National Emergency Communications Plan to
perform outreach to help achieve data interoperability on
platforms intended to augment public safety voice
communications.
Integrated Operations
Cyber and Infrastructure Analysis. The Committee recommends
$60,950,000 for Cyber and Infrastructure Analysis, an increase
of $16,267,000 above the request, including an increase of
$500,000 for EISI and an increase of $9,738,000 to restore
funding for the National Infrastructure Simulation Analysis
Center to the fiscal year 2018 level of $18,650,000.
The Committee recommends an increase of $6,029,000 for risk
analyses of industrial control systems and encourages the
Office of Cyber and Infrastructure Analysis (OCIA) to use
commercial, human-led threat behavioral analysis and
technology. OCIA is also encouraged to employ private sector,
industry-specific threat intelligence and best practices to
better characterize potential consequences to other critical
infrastructure sectors during a systemic cyber event.
Critical Infrastructure Situational Awareness. Due to
critical dependencies and interdependencies of the electric
power subsector, loss of electric power can quickly cascade to
water, wastewater, communications, transportation, and
information technology systems, potentially degrading services
necessary for public health and safety. The Committee
recommends $27,984,000 for Critical Infrastructure Situational
Awareness, an increase of $4,555,000 above the request, of
which $3,780,000 is to improve and enhance capabilities for
near-real-time monitoring of the inter-connected dependencies
of the electric power subsector and other critical
infrastructure sectors and $775,000 is to support NPPD's
regionalization effort.
FEDERAL PROTECTIVE SERVICE
Appropriation, fiscal year 2018....................... $1,476,055,000
Budget request, fiscal year 2019...................... 1,527,110,000
Recommended in the bill............................... 1,527,110,000
Bill compared with:
Appropriation, fiscal year 2018................... +51,055,000
Budget request, fiscal year 2019.................. - - -
The Committee recommends $1,527,110,000 for the Federal
Protective Service (FPS), the same as the amount requested.
This amount is fully offset by fees collected from FPS customer
agencies.
The Secretary and the Director of OMB shall certify in
writing to the Committee, not later than 60 days after the date
of enactment of this Act, that the operations of FPS will be
fully funded in fiscal year 2019 through the collection of
security fees. Should insufficient fee revenue be collected to
fully fund operations, an expenditure plan is required
describing how security risks will be adequately addressed.
Within this recommended funding level, FPS shall align staffing
resources with mission requirements.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2018....................... $414,111,000
Budget request, fiscal year 2019...................... 302,964,000
Recommended in the bill............................... 367,964,000
Bill compared with:
Appropriation, fiscal year 2018................... -46,147,000
Budget request, fiscal year 2019.................. +65,000,000
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommendation
------------------------------------------------------------------------
Procurement, Construction, and
Improvements
Cybersecurity
Continuous Diagnostics and $125,548,000 $185,548,000
Mitigation...............
National Cybersecurity 110,078,000 110,078,000
Protection System........
-------------------------------------
Subtotal, 235,626,000 295,626,000
Cybersecurity........
Emergency Communications
Next Generation Networks 42,551,000 42,551,000
Priority Services........
Biometric Identity Management
IDENT/Homeland Advanced...
Recognition Technology.... 20,000,000 20,000,000
Infrastructure Protection
Infrastructure Protection 4,787,000 9,787,000
(IP) Gateway.............
-------------------------------------
Total, Procurement, $302,964,000 $367,964,000
Construction, and
Improvements.........
------------------------------------------------------------------------
Cybersecurity
Continuous Diagnostics and Mitigation. The recommendation
includes $60,000,000 above the request to deploy CDM Phases I
and II to additional agencies, accelerate deployment of Phase I
to cloud assets and mobile devices, and enhance dashboard
visualization for both agency and federal dashboards to better
enable agency security officers and federal critical
vulnerability management analysts to identify and mitigate
problems according to their severity. The Committee supports
NPPD's plan to spend not less than $17,000,000 on Phase IV
pilot programs and directs NPPD to provide a briefing, within
90 days of the date of enactment of this Act, on its timeline
and acquisition strategy for deploying CDM Phase IV data
protection capabilities (e.g., digital rights management, data
masking, micro-segmentation, enhanced encryption, mobile device
management) across all civilian ``.gov'' agencies.
Infrastructure Protection
Infrastructure Protection (IP) Gateway. The recommendation
includes $5,000,000 above the request to modernize IP Gateway
infrastructure technology and migrate the ten-year-old system
to a secure cloud platform. This effort will provide a more
user-friendly interface, allow access from mobile devices, and
provide increased connectivity with other DHS systems.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2018....................... $15,126,000
Budget request, fiscal year 2019...................... 47,847,000
Recommended in the bill............................... 16,486,000
Bill compared with:
Appropriation, fiscal year 2018................... +1,360,000
Budget request, fiscal year 2019.................. -31,361,000
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommendation
------------------------------------------------------------------------
Research and Development
Cybersecurity................. $41,416,000 $4,695,000
1Infrastructure Protection.... 2,431,000 7,791,000
Integrated Operations......... 4,000,000 4,000,000
-------------------------------------
Total, Research and $47,847,000 $16,486,000
Development..............
------------------------------------------------------------------------
Cybersecurity
The recommendation supports the requested $36,721,000
increase above fiscal year 2018 for cybersecurity research and
development to support NPPD's requirements; however, this
funding is included in the Science and Technology Directorate's
Research and Development account.
Infrastructure Protection
The Committee supports NPPD's efforts to pursue new
innovative technologies for rapid deployment, identify projects
to address resilient design challenges, develop tools to
support infrastructure investment decisions, and create
products that can aid in detecting malicious activity. The
recommendation includes an increase of $5,360,000 above the
amount requested for the Technology Development and Deployment
Program to define agency needs, identify requirements for
community level critical infrastructure protection and
resilience, and rapidly develop, test, and transition to use
technologies that address these needs and requirements.
Federal Emergency Management Agency
Appropriation, fiscal year 2018....................... $12,309,039,000
Budget request, fiscal year 2019...................... 11,020,699,000
Recommended in the bill............................... 11,726,808,000
Bill compared with:
Appropriation, fiscal year 2018-582,231,000.......
Budget request, fiscal year 2019.................. +706,109,000
Note: Totals include funding designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
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 2018....................... $1,030,135,000
Budget request, fiscal year 2019...................... 1,036,282,000
Recommended in the bill............................... 1,057,599,000
Bill compared with:
Appropriation, fiscal year 2018................... +27,464,000
Budget request, fiscal year 2019.................. +21,317,000
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommendation
------------------------------------------------------------------------
Operations and Support
Regional Operations........... $158,439,000 $158,439,000
Mitigation.................... 36,011,000 36,011,000
Preparedness and Protection... 132,823,000 132,823,000
Response and Recovery
Response.................. 174,337,000 192,154,000
(Urban Search and (27,513,000) (45,330,000)
Rescue)..............
Recovery.................. 49,010,000 49,010,000
Mission Support............... 485,662,000 489,162,000
-------------------------------------
Total, Operations and $1,036,282,000 $1,057,599,000
Support..............
(Defense)............. (42,213,000) (42,213,000)
------------------------------------------------------------------------
Response and Recovery
The Committee recommends $45,330,000 for the Urban Search
and Rescue Response System (USAR). This funding level continues
support for the 28 USAR Task Forces at fiscal year 2018 levels,
and includes an additional $10,150,000 to enable FEMA to
recapitalize critical equipment necessary to conduct life-
saving search and rescue operations.
FEMA is directed to assess the existing USAR Incident
Support Team workforce to determine whether additional
veterinarians are necessary to ensure search and rescue canines
receive adequate care while on deployment, and to report to the
Committee on its assessment not later than 60 days after the
date of enactment of this Act. FEMA is encouraged to continue
to coordinate with the U.S. Department of Agriculture and the
Department of Health and Human Services to share best practices
for the care of search and rescue canines.
Mission Support
The Committee recommends an increase of $2,500,000 above
the request to utilize existing enhanced communications
platforms that integrate telephone, mobile, and web
communications to provide real-time feedback through live,
interactive, multimedia platforms. This capability will enable
FEMA to more effectively engage and support the disaster
workforce and state, local, tribal, and territorial partners
before, during, and after disasters.
The Committee also recommends an increase of $1,000,000
above the request to support FEMA's ongoing efforts to deploy
the Interoperable Gateway System throughout the continental
United States and the Caribbean, with the goal of providing a
single communications platform to ensure the continuity of
communications in the event of a natural disaster or other
catastrophic event. FEMA is directed to brief the Committee not
later than 90 days after the date of enactment of this Act on
its progress in deploying these interoperability solutions.
The Committee supports the agency's efforts to establish
FEMA Integration Teams, through which FEMA regional staff will
be embedded with state, local, tribal, and territorial (SLTT)
government offices to provide a continuous presence before,
during, and after disasters. The co-location of trained FEMA
personnel with SLTT partners will enable FEMA to improve
coordination with those partners and provide more effective
disaster response and recovery operations. The Committee
expects FEMA will include funding in the fiscal year 2020
budget request to support continued implementation of this
initiative.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2018....................... $85,276,000
Budget request, fiscal year 2019...................... 103,349,000
Recommended in the bill............................... 103,349,000
Bill compared with:
Appropriation, fiscal year 2018................... +18,073,000
Budget request, fiscal year 2019.................. - - -
The recommendation includes $11,670,000 for modernization
of the Integrated Public Alert Warning System and $45,496,000
for construction and facility improvements for the Mount
Weather Emergency Operations Center.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommendation
------------------------------------------------------------------------
Procurement, Construction, and
Improvements
Operational Communications/ $11,670,000 $11,670,000
Information Technology.......
Construction and Facility 46,996,000 46,996,000
Improvements.................
Mission Support Assets and 44,683,000 44,683,000
Infrastructure...............
-------------------------------------
Total, Procurement, $103,349,000 $103,349,000
Construction, and
Improvements.............
(Defense)................. (57,166,000) (57,166,000)
------------------------------------------------------------------------
FEDERAL ASSISTANCE
Appropriation, fiscal year 2018....................... $3,293,932,000
Budget request, fiscal year 2019...................... 2,644,733,000
Recommended in the bill............................... 3,356,525,000
Bill compared with:
Appropriation, fiscal year 2018................... +62,593,000
Budget request, fiscal year 2019.................. +711,792,000
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 $349,362,000 $538,000,000
Grant Program............
(Operation - - - (85,000,000)
Stonegarden).........
(Nonprofit Security).. - - - (10,000,000)
Urban Area Security 448,844,000 661,000,000
Initiative...............
(Nonprofit Security).. - - - (50,000,000)
Public Transportation 36,358,000 100,000,000
Security Assistance......
(Amtrak Security)..... - - - (10,000,000)
(Other-the Road Bus - - - (4,000,000)
Security)............
Port Security Grants...... 36,358,000 100,000,000
Assistance to Firefighter 344,344,000 350,000,000
Grants...................
Staffing for Adequate Fire 344,344,000 350,000,000
and Emergency Response
(SAFER) Grants...........
Emergency Management 279,335,000 350,000,000
Performance Grants.......
Competitive Preparedness 522,000,000 - - -
Grant Program............
National Predisaster 39,016,000 249,200,000
Mitigation Fund..........
Flood Hazard Mapping and 100,000,000 262,531,000
Risk Analysis Program
(RiskMAP)................
Emergency Food and Shelter - - - 120,000,000
-------------------------------------
Subtotal, Grants...... 2,499,961,000 3,080,731,000
Education, Training, and
Exercises....................
Center for Domestic 63,756,000 63,939,000
Preparedness.............
Center for Homeland - - - 18,000,000
Defense and Security.....
Emergency Management 18,876,000 20,569,000
Institute................
U.S. Fire Administration.. 43,493,000 43,493,000
National Domestic - - - 101,000,000
Preparedness Consortium..
Continuing Training Grants - - - 8,000,000
National Exercise Program. 18,647,000 20,793,000
-------------------------------------
Subtotal, Education, 144,772,000 275,794,000
Training, and
Exercises............
-------------------------------------
Total, Federal Assistance. $2,644,733,000 $3,356,525,000
------------------------------------------------------------------------
Grants
A general provision is included in title V of the bill,
providing $41,000,000 to reimburse state and local law
enforcement for extraordinary costs associated with the
protection of the President in jurisdictions where the
President maintains a residence.
State Homeland Security Grant Program. State, local,
tribal, and territorial governments play an important role in
preparing for, preventing, disrupting, mitigating, and
protecting against cyber-attacks. The Committee urges FEMA to
consider prioritizing cybersecurity and technical resources
within its grant programs to enable state, local, tribal, and
territorial governments to better identify, detect, protect
against, disrupt, respond to, and recover from cyber threats
and attacks.
In OIG-18-13, the OIG concluded that FEMA and CBP did not
meet their oversight responsibilities to monitor Stonegarden
grantees, issue adequate guidance and approve costs, and
demonstrate program performance. Not later than 30 days after
the date of enactment of this Act, FEMA and CBP shall update
the Committee on the status of carrying out the recommendations
in the OIG report. Further, as part of the fiscal year 2020
budget request, FEMA shall include performance measures for
Operation Stonegarden that clearly demonstrate the extent to
which funding for the program can be tied to progress in
achieving program goals, along with estimates for how proposed
funding would contribute to additional progress. These
performance measures should be consistent with 31 U.S.C. 1116
and should include outcome measures, as defined by 31 U.S.C.
1115(h).
The Committee supports efforts to build more resilient
tribal communities, including culturally appropriate homeland
security and emergency management training provided by tribal
colleges and universities for students in their communities.
Urban Area Security Initiative. The Committee expects the
Secretary to prioritize UASI funding towards urban areas that
are subject to the greatest terrorism risk, and to allocate
resources in proportion to that risk. The Department shall
limit UASI funding to urban areas representing up to 85 percent
of the national urban area risk.
Firefighter Assistance Grants. FEMA is encouraged to give
high priority consideration to grants providing for planning,
training, and equipment to firefighters 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.
The Committee encourages FEMA to provide technical
assistance, and work more closely with those communities that
are underserved or underrepresented.
Source Capture Exhaust Extraction Systems (SCES), which
capture and filter exhaust gases, are used in firehouses to
protect the health and safety of firefighters by reducing their
exposure to diesel fumes. FEMA is encouraged to assess whether
all SCES--including vehicle-mounted--should be rated ``high
priority'' under the Assistance to Firefighters Grant Program.
National Predisaster Mitigation Fund. The Committee is
aware that in recent years, there have been breakthroughs in
technologies that can provide predictive assistance in advance
of natural disasters such as floods, wildfires, and seismic
activity to reduce significantly the losses of life and
property by contributing to mitigation planning. The Committee
encourages FEMA to explore the use of artificial intelligence,
cloud computing power, and related cutting edge technologies
with grantees.
Flood Hazard Mapping and Risk Analysis. Accurate flood
mapping data is the foundation of ensuring that communities are
resilient in the face of disaster. FEMA's data collection and
modeling processes must be transparent from beginning to end
and involve the active participation of local jurisdictions to
ensure maps accurately reflect local conditions and minimize
costs to local communities. The Committee looks forward to
receiving the briefing required in House Report 115-239 on
FEMA's assessment of its existing processes to identify
potential areas for improvement, including the process for
reviewing and responding to appeals of preliminary Flood
Insurance Rate Maps received from local communities.
In addition to its ``natural valley'' method for analyzing
and mapping flood hazards, for coastal areas, FEMA should
consider an approach, including dynamic, two-dimensional
modeling or methods, that would be technically sound, credible,
and cost-effective, and that would provide results that more
precisely reflect the flood risk in coastal area impacted by
levees.
Education, Training, and Exercises
The Committee recommends $101,000,000 for the National
Domestic Preparedness Consortium (NDPC). The NDPC provides
comprehensive training to improve the readiness of the nation's
first responders to respond to all hazards, including chemical,
biological, radiological, nuclear, and explosives incidents.
The recommendation also includes $8,000,000 for Continuing
Training Grants. Funding supports competitively-awarded
training programs to address specific national preparedness
gaps, such as cybersecurity, economic recovery, housing, and
rural and tribal preparedness. Within the total, FEMA shall
prioritize funding of not less than $3,000,000, to be
competitively awarded, for FEMA-certified rural and tribal
training.
DISASTER RELIEF FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2018....................... $7,900,720,000
Budget request, fiscal year 2019...................... 7,234,000,000
Recommended in the bill............................... 7,210,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -690,720,000
Budget request, fiscal year 2019.................. -24,000,000
Note: Totals include funding designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Bill language is included to allow FEMA to transfer up to
$3,000,000 from the DRF to the Disaster Assistance Direct Loan
Program for administrative costs to carry out the program.
The Committee is concerned with FEMA's treatment of
household financial ability when determining eligibility for
continued rental assistance. According to the Administrator's
testimony before the Committee, FEMA is currently reviewing its
policy regarding continued rental assistance to identify
necessary changes to ensure all applicants are treated equally.
While this review is underway, the Committee includes an
administrative provision in the bill to prohibit the
consideration of income as the basis for denying continued
rental assistance following a disaster. FEMA shall brief the
Committee not later than 30 days after the date of enactment of
this Act on the outcome of this review, including proposed
regulatory or policy changes to ensure the fair and equal
treatment of individuals when determining eligibility for
continued rental assistance and a timeline for implementation
of such changes. The briefing shall also address any
legislative changes required, if applicable.
Disaster mitigation structures such as seawalls are deemed
public infrastructure if they are owned by a SLTT government,
unless clear ownership by a SLTT government cannot be
established. FEMA is encouraged to consider making Public
Assistance and Individual Assistance grant funding available
for repairs to disaster mitigation structures to the fullest
extent allowed by the Stafford Act.
The Committee is aware that, as recovery efforts following
Hurricane Maria are underway in Puerto Rico, the Commonwealth's
school system is concurrently undergoing a transition and
consolidation effort. The Committee encourages FEMA to consult
with the Department of Education to ensure federal agency
efforts are coordinated during this period of transition, and
to work with the Commonwealth to rebuild schools that are more
resilient to natural disasters.
FEMA is directed to conduct a needs-based assessment to
determine the strategies and related costs required to ensure
cost-effective hazard mitigation measures for coastal
federally-recognized tribes, including the potential costs of
relocation and any relevant legislative proposals, to reduce
the risk of future damage, hardship, loss, or suffering from
natural hazards and major disasters. FEMA shall submit such
assessment to the Committee within one year of the date of
enactment of this Act.
The Committee notes the release of the 2017 Hurricane
Season FEMA After-Action Report and remains concerned about the
response to Hurricane Maria in Puerto Rico. Within 90 days of
the date of enactment of this Act, the Committee directs the
OIG to review the response and recovery effort to Hurricane
Maria. The OIG shall make recommendations for improvements in
the future including improvements to FEMA's response to appeals
for housing assistance resulting in increasing the number of
persons in need receiving assistance.
As noted in the 2017 Hurricane Season FEMA After-Action
Report, FEMA faced staffing shortages and logistical challenges
in the tracking, moving, and delivery of resources to Puerto
Rico and the U.S. Virgin Islands during the lead up and
response to Hurricanes Maria and Irma. These challenges were in
part due to response plans that were at least five years old
for both locations. The Committee directs FEMA to work with
states and territories to more frequently update response
plans, make the necessary revisions to the National Response
Framework and the Response Federal Interagency Operational
Plan, and report back to the Committee within 90 days of the
date of enactment of this Act on its progress. FEMA is further
directed to brief the Committee on its disaster workforce
review, as recommended in the 2017 Hurricane Season After-
Action, to include incident management, incident support, and
mission essential functions.
Within 90 days of the date of enactment of this Act, the
Inspector General shall conduct an audit of contracts subject
to FEMA reimbursement for the removal of debris resulting from
Hurricane Irma, and shall report to the Committee on the
results of such audit, including a determination of whether the
services could have been provided at lower taxpayer cost.
NATIONAL FLOOD INSURANCE FUND
Appropriation, fiscal year 2018....................... $203,500,000
Budget request, fiscal year 2019...................... 201,691,000
Recommended in the bill............................... 201,691,000
Bill compared with:
Appropriation, fiscal year 2018................... -1,809,000
Budget request, fiscal year 2019.................. - - -
Section 11 of the Homeowner Flood Insurance Affordability
Act of 2014 (Public Law 113-89) required FEMA to offer certain
policyholders the option of paying their flood insurance
premiums on a monthly basis, to help manage the cost of flood
insurance to homeowners. However, more than four years after
enactment, FEMA has yet to initiate the rule-making process.
FEMA is directed to expeditiously promulgate regulations in
compliance with this legislative mandate.
Title III--Administrative Provisions--This Act
Section 301. The Committee continues a provision limiting
expenses for administration of grants.
Section 302. The Committee continues a provision specifying
timeframes for grant applications and awards.
Section 303. The Committee continues a provision that
requires five day advance notification for certain grant awards
under ``Federal Emergency Management Agency--Federal
Assistance''.
Section 304. The Committee continues a provision that
addresses the availability of certain grant funds for the
installation of communications towers.
Section 305. The Committee continues a provision requiring
the submission of the monthly DRF report.
Section 306. The Committee continues a provision permitting
the Secretary to grant waivers from specified requirements of
section 34 of the Federal Fire Prevention and Control Act of
1974.
Section 307. 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 308. The Committee includes a new provision
prohibiting the denial of continued rental assistance to an
individual or household on the basis of income.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
Appropriation, fiscal year 2018....................... $132,513,000
Budget request, fiscal year 2019...................... 131,919,000
Recommended in the bill............................... 131,919,000
Bill compared with:
Appropriation, fiscal year 2018................... -594,000
Budget request, fiscal year 2019.................. - - -
Mission
The mission of U.S. Citizenship and Immigration Services
(USCIS) is to adjudicate and grant immigration and citizenship
benefits, provide accurate and useful information to customers,
and promote an awareness and understanding of citizenship in
support of immigrant integration, while protecting the
integrity of the nation's immigration system. Funded primarily
through fees, the only discretionary spending is for the E-
Verify program, an information technology system that enables
employers to determine a job applicant's eligibility to work in
the United States.
Recommendation
As in prior years, the bill makes available $10,000,000 in
fee revenue to support the Citizenship and Integration Grant
Program. In addition, USCIS continues to have the authority to
accept private donations to support this 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.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2018....................... $108,856,000
Budget request, fiscal year 2019...................... 109,081,000
Recommended in the bill............................... 109,081,000
Bill compared with:
Appropriation, fiscal year 2018................... +225,000
Budget request, fiscal year 2019.................. - - -
The Committee directs DHS to administer the H-2B and H-2A
visa programs in a manner consistent with the law and to
continue to process applications as quickly as possible.
The Committee also directs USCIS to conduct a Benefit Fraud
Assessment regarding the Special Immigrant Juvenile program and
brief the Committee on the results of such assessment not later
than one year after the date of enactment of this Act.
USCIS is expected to continue the use of fee waivers for
applicants who can demonstrate an inability to pay the
naturalization fee. USCIS is also encouraged to consider
whether the current naturalization fee is a barrier to
naturalization for those earning between 150 percent and 200
percent of the federal poverty guidelines, who are not
currently eligible for a fee waiver.
The Committee encourages USCIS to maintain naturalization
fees at an affordable level while also focusing on reducing the
backlog of applicants. As USCIS undertakes its next biennial
fee study, the Committee urges the agency to include in its
final report an estimate of the resources required to clear the
backlog of applications for temporary status, adjustment of
status, and naturalization, as well as reduce future wait times
from the submission to initial adjudication to no more than one
year for all petitions processed by the agency.
Additionally, any new fee study should account for the need
to hire the required number of refugee and asylee interviewers
and improve coordination with the intelligence community on
expanded vetting for certain refugees.
The Committee urges USCIS to dedicate more resources to U
visa adjudication, specifically increasing trained U visa
adjudicators by at least 60 additional agents, and provide
adequate resources to hire staff and train adjudicators for the
purpose of reviewing applications within six months of receipt.
The Committee encourages USCIS to work with CBP to provide
lawful permanent residents who arrive at ports of entry with
information about the naturalization process and to encourage
them to apply for U.S. citizenship. USCIS and CBP can provide
this information through Automated Passport Control self-
service kiosks or through naturalization videos or signage
created by the Office of Citizenship for display at USCIS
locations and in the passport control or customs lines where
lawful permanent residents wait to reenter the United States.
USCIS shall brief the Committee within 180 days of the date
of enactment of this Act on the number of application forms
processed by month for fiscal years 2016 through 2018 for the
following: form I-130 (Petition for Alien Relative); form I-485
(Application to Register Permanent Residence or Adjust Status);
form I-751 (Petition to Remove Conditions on Residence); and
form N-400 (Application for Naturalization). The brief shall
include data on the immigration status of the petitioner (U.S.
citizen or legal permanent resident); nationality of the
applicant; processing time; and field office or service center
to which the application was assigned.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2018....................... $22,657,000
Budget request, fiscal year 2019...................... 22,838,000
Recommended in the bill............................... 22,838,000
Bill compared with:
Appropriation, fiscal year 2018................... +181,000
Budget request, fiscal year 2019.................. - - -
The Procurement, Construction, and Improvements account
provides funds for the acquisition and deployment of the E-
Verify program.
Federal Law Enforcement Training Centers
Appropriation, fiscal year 2018....................... $254,000,000
Budget request, fiscal year 2019...................... 382,134,000
Recommended in the bill............................... 254,774,000
Bill compared with:
Appropriation, fiscal year 2018................... +774,000
Budget request, fiscal year 2019.................. -127,360,000
Mission
The Federal Law Enforcement Training Centers (FLETC) serve
as an interagency law enforcement training organization for
over 90 federal agencies and numerous state, local, tribal, and
international law enforcement agencies.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2018....................... $254,000,000
Budget request, fiscal year 2019...................... 296,557,000
Recommended in the bill............................... 254,774,000
Bill compared with:
Appropriation, fiscal year 2018................... +774,000
Budget request, fiscal year 2019.................. -41,783,000
The Committee recommends $254,774,000 for O&S, $41,783,000
below the amount requested and $774,000 above the amount
provided in fiscal year 2018. The reduction below the requested
amount reflects updated hiring levels for CBP and ICE based on
funding provided by the Committee. A comparison of the budget
request to the Committee recommended level by budget activity
is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Operations and Support
Law Enforcement Training...... $267,749,000 $225,966,000
Mission Support............... $28,808,000 $28,808,000
-------------------------------------
Total, Operations and $296,557,000 $254,774,000
Support..................
------------------------------------------------------------------------
The Director of FLETC shall schedule basic or advanced law
enforcement training, or both, at all four training facilities
to ensure they are operated at the highest capacity throughout
the fiscal year.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2018....................... - - -
Budget request, fiscal year 2019...................... $85,577,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. -85,577,000
The Committee recommends no funding for Procurement,
Construction, and Improvements for fiscal year 2019, as the
requested increase in students that was used to justify these
construction projects has not been funded.
Science and Technology Directorate
Appropriation, fiscal year 2018....................... $840,943,000
Budget request, fiscal year 2019...................... 583,283,000
Recommended in the bill............................... 802,159,000
Bill compared with:
Appropriation, fiscal year 2018................... -38,784,000
Budget request, fiscal year 2019.................. +218,876,000
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 federal, state,
and local operational end users.
Recommendation
The fiscal year 2019 President's budget request, for the
second year in a row, proposes significant reductions to S&T,
which raises questions about the strategic direction the
Department envisions for the capabilities provided by S&T. This
is especially true in the case of S&T's laboratory capabilities
and for cybersecurity related research and development funding.
While the Committee recommends continued funding for these
programs, DHS is directed to brief the Committee not later than
90 days after the date of enactment of this Act on the long-
term strategic direction regarding the planned role of
laboratory facilities within the Department. Further, the
Committee directs a joint briefing not later than 120 days
after the date of enactment of this Act with S&T and NPPD
regarding the process for determining which R&D projects to
prioritize for funding that relate to cybersecurity and
infrastructure protection, what the intended outcomes are, and
a plan for transition, acquisition, and deployment of these
technologies and capabilities upon completion.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2018....................... $331,113,000
Budget request, fiscal year 2019...................... 271,803,000
Recommended in the bill............................... 304,408,000
Bill compared with:
Appropriation, fiscal year 2018................... -26,705,000
Budget request, fiscal year 2019.................. +32,605,000
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommendation
------------------------------------------------------------------------
Operations and Support
Laboratory Facilities......... $110,519,000 $117,840,000
Acquisition and Operations 42,552,000 48,510,000
Analysis.....................
Mission Support............... 118,732,000 138,058,000
-------------------------------------
Total, Operations and $271,803,000 $304,408,000
Support..................
------------------------------------------------------------------------
Laboratory Facilities
The Committee recommends fully funding the Chemical
Security Analysis Center (CSAC) and the National Urban Security
Technology Laboratory (NUSTL) and notes that beginning in
fiscal year 2019, funding for the National Biodefense Analysis
and Countermeasures Center (NBACC) is shared with the Federal
Bureau of Investigation. The Committee continues to support the
important work of these laboratories and recognizes their
unique contribution to the homeland security mission.
Additionally, the Committee fully supports the President's
proposal to expand the Work for Others (WFO) program within
NBACC and directs S&T to report back within 90 days of the date
of enactment of this Act on the process established to
document, streamline, and approve WFO projects and projections
for the number of projects and total revenue generated for each
for the next five fiscal years.
The recommendation supports the transfer of the National
Bio and Agro-defense Facility operations to the Agriculture
Research Service within the Department of Agriculture.
Acquisition and Operations Analysis
The recommendation includes an increase of $5,000,000 for
the Office of Standards, an increase of $1,957,000 for
additional positions in support of the SAFETY Act program, and
an increase of $1,000,000 for Systems Engineering and Research.
The recommendation does not include $2,000,000 requested
funding for Knowledge Management and Tech Foraging, which is
funded in the Research and Development appropriation.
Mission Support
The recommendation restores funding for the proposed
Compliance Assessment Program Office and information technology
reductions, increases funding for personnel, and includes
$8,541,000 for financial systems modernization.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2018....................... $509,830,000
Budget request, fiscal year 2019...................... 311,480,000
Recommended in the bill............................... 497,751,000
Bill compared with:
Appropriation, fiscal year 2018................... -12,079,000
Budget request, fiscal year 2019.................. +186,271,000
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommendation
------------------------------------------------------------------------
Research and Development
Research, Development, and $289,734,000 $457,251,000
Innovation...................
University Programs........... 21,746,000 40,500,000
-------------------------------------
Total, Research and $311,480,000 $497,751,000
Development..............
------------------------------------------------------------------------
Research, Development, and Innovation
The Committee recommends $457,251,000 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 thrust area, and to update the Committee on any
changes from this initial allocation. Included in this amount
is $19,000,000, an increase of $15,000,000 above the amount
requested, to develop protection solutions for soft targets in
critical environments and public spaces, to include schools.
S&T is directed to work with NPPD's Infrastructure Protection
Office on the requirements for this initiative.
The Committee supports the continued implementation of the
Integrated Product Team process, which prioritizes R&D
activities across the Department and directly links S&T
projects to component-identified and validated technological
capability gaps. Further, the Committee continues to support
S&T's Apex programs, which focus on critical research areas
such as developing and fielding next generation first responder
technology, to include advanced sensors and imaging
technologies.
The U.S. continues to face the challenges of protecting its
water resources from both man-made and natural threats. Flood
control structures, such as dams, levees, embankments, canals,
and river-training structures, play a critical role in managing
water resources. These flood control structures are critical
for the nation to harness water resources, enable water
management, and contribute to energy production. The Committee
supports continued S&T, FEMA, and NPPD efforts in this area, to
include assessing the impact on these structures from the
effects of aging and from natural and man-made disasters,
developing sustainable solutions for infrastructure protection,
and providing guidance and standards to communities and
critical infrastructure operators.
The Committee encourages S&T, in consultation with NIST and
the First Responder Network Authority, to provide pilot funding
to local public broadcasters to further demonstrate and
evaluate the benefits of datacasting technology to public
safety agencies.
The Committee supports S&T's efforts to develop a cost-
effective detection system to rapidly collect and exploit
information useful for detecting opioids and fentanyls, and
includes a total of $17,000,000 to pursue a more comprehensive
and detailed prototyping program and an operational utility
assessment of each prototype for use in air and land border
ports of entry and at international mail handling facilities.
The Committee is concerned about the emerging and evolving
threat posed by our adversaries' use of homemade explosives and
encourages S&T to increase funding for the Homemade Explosive
Characterization program to improve the ability to detect,
evaluate, and characterize the effects of these devices. The
Committee is aware of increasingly sophisticated and rapidly
evolving tactical applications of detector dogs and encourages
S&T to continue to conduct research to improve and validate
canine detection capabilities.
The Committee supports S&T's Enabling UAS Technologies
program and recommends that S&T increase funding to expand to
maritime UAS systems and sensor studies. The Committee also
encourages S&T to examine the use and applicability of an
autonomously delivered, advanced telemedicine system that can
be used in support of mass casualty and trauma support
situations in remote, dangerous, or hostile environments to
provide critical care support and real time communications
access to specialized medical care professionals.
The request eliminated funding for S&T's Cyber Security/
Information Analytics thrust area, and instead proposed an
increase of $36,721,000 for cyber-related research and
development within NPPD. In lieu of providing funds within
NPPD, the Committee recommends not less than $85,501,000 for
the Cyber Security/Information Analytics thrust area and
directs S&T to work in conjunction with NPPD's Cybersecurity
and Communications Office to develop not less than $58,721,000
of these requirements. The Committee reminds S&T of the
importance of supporting NPPD's operations and government-wide
stakeholders in developing these requirements and designing a
smooth and executable product integration and transition
process.
The Committee is concerned about the cybersecurity threats
to the nation's public utility sectors, recognizing that many
providers lack sufficient expertise or financial resources to
adequately mitigate these threats. The recommendation includes
an increase of $22,000,000 to establish a testbed to evaluate
technologies, analytic tools, and proposed cyber solutions to
mitigate cyber threats across the utility sector and develop a
platform for sharing information related to testbed activities,
with a goal of developing cost efficient and operationally
effective sensor technologies to support small utility
companies. This funding shall be used to establish a physical
test bed environment and evaluation framework; socialize the
concept to stakeholders; and leverage and contract for the
necessary expertise.
The Committee encourages S&T to continue funding research
supporting DHS's agricultural defense mission, to include a
focus on transitioning university projects to useful
applications that support the homeland security enterprise.
The Committee also supports continued advanced research
using high resolution magnification to examine emerging
semiconductor technologies (including microchips, light
emitting diodes, batteries, and processors) to improve
cybersecurity by detecting potential structural defects that
could allow the unintended manipulation of hardware.
The Committee supports S&T's efforts to develop, promote,
and transfer open source software and other open technologies,
including activities conducted through the DHS Homeland Open
Security Technology program and associated activities. The
Committee encourages S&T to prioritize tooling for open source
development to provide support for continued development of
secure software.
The Committee remains concerned about the practice of
spoofing by criminals to commit fraud over the phone. The
Committee encourages the Department to continue to pursue the
development of technologies to combat this practice and
requests a briefing on these, as well as on plans for future
technological research and development.
The Committee is aware of a critical shortfall of
industrial capacity related to secure composite shipping
containers and supports efforts to develop thermoplastic
composite materials that reduce costs and improve intrusion
sensor integration.
The Committee is pleased that S&T has been engaged in a
three-year binational research and development pilot. The
recommendation includes $2,000,000 for continuation of this
pilot. The pilot should continue its focus on border security,
maritime security, biometrics, cybersecurity, and video
analytics among other topics. Within 180 days of the enactment
of this act, S&T shall provide a report to the Committee on the
results of each grant awarded through the pilot and on any
commercialization or transition to practice that has resulted
from the pilot's projects.
With the increase in the use of mobile technology, the
Committee is concerned about the potential for sensitive
information to be accessed and reviewed in unsecure
environments. S&T, together with NPPD and OCIO, is encouraged
to explore the feasibility of deploying technology that can
restrict a device's access to sensitive information, as
appropriate, based on the location of the device that is
accessing it, to include any facilities-related requirements
and associated costs to employ such methods.
University Programs
The Committee recommends $40,500,000 for University
Programs. The recommendation restores the proposed cuts to
University Programs to ensure S&T's ability to maintain 10
Centers of Excellence (COEs). S&T shall notify the Committees
of any plan or proposal to reduce funding for, diminish the
role of, or eliminate 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 maritime security, cross-border
threat screening, unmanned systems, counterterrorism, emerging
analytics, cybersecurity, first responder safety, and critical
infrastructure.
The Committee is concerned that for the second year, the
President's request proposes to reduce the University Programs
funding level and therefore close Centers. The Committee
directs S&T to provide a report within 90 days after the date
of enactment of this Act on the process for determining how
funding is allocated to each Center and the metrics and process
used by S&T to track each Center's performance. Further, the
report should include S&T's plan to ensure that emeritus
Centers remain as critical assets serving the national
interest, as Congress intends these Centers to be a long-term
investment in critical capacity building not a temporary asset.
S&T and the Coast Guard are encouraged to continue existing
partnerships with museums and schools on oceanographic programs
that support science, technology, engineering, and math
education, and consider expanding these programs with minority-
serving institutions.
Countering Weapons of Mass Destruction Office
Appropriation, fiscal year 2018....................... - - -
Budget request, fiscal year 2019...................... $429,266,000
Recommended in the bill............................... 434,266,000
Bill compared with:
Appropriation, fiscal year 2018................... +434,266,000
Budget request, fiscal year 2019.................. +5,000,000
Mission
The mission of the Countering Weapons of Mass Destruction
(CWMD) Office is to thwart efforts by terrorists or other
threat actors who seek to carry out an attack against the
United States or its interests using a weapon of mass
destruction.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2018....................... - - -
Budget request, fiscal year 2019...................... $209,264,000
Recommended in the bill............................... 214,264,000
Bill compared with:
Appropriation, fiscal year 2018................... +214,264,000
Budget request, fiscal year 2019.................. +5,000,000
The Operations and Support appropriation funds the
operations and oversight of programs that support DHS
activities to counter biological, chemical, radiological, and
nuclear threats, including the development and implementation
of strategic plans, exercises, and assessments of operational
effectiveness of CWMD capabilities.
On December 5, 2017, the Department established a new
Countering Weapons of Mass Destruction Office to consolidate
the Domestic Nuclear Detection Office (DNDO), the Office of
Health Affairs (OHA), and certain related activities and
personnel from other components into a single office. In light
of this reorganization, the fiscal year 2019 budget proposed
funding in new CWMD Office accounts. The fiscal year 2018 DHS
Appropriations Act included a provision to permit DHS to begin
executing funds through new CWMD appropriations accounts
beginning on October 1, 2018, if legislation is enacted
explicitly authorizing the establishment of this Office.
Consistent with H.R. 6198, introduced in the House on June 22,
2018, the recommendation reflects the proposed funding
structure for fiscal year 2019.
Within the total amount provided, not less than $500,000 is
to continue implementation of the voluntary anthrax vaccine
program for emergency responders. The CWMD Office is directed
to brief the Committee not later than 45 days after the date of
enactment of this Act on the status of implementation of this
program, including a plan for the expansion beyond the initial
pilot in the first community and associated costs.
The CWMD Office is in the process of establishing a
permanent footprint at the National Targeting Center in an
effort to improve information sharing and coordination among
DHS components. However, it is unclear whether the requested
funding will fully support the capabilities currently delivered
by the National Biosurveillance Integration Center and the
Joint Analysis Center, including situational awareness of
biological and nuclear threats for the Department and federal,
state, local, and private sectors partners. As a result, the
Committee recommends $5,000,000 above the request for continued
funding of these activities.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommendation
------------------------------------------------------------------------
Operations and Support
Capability and Operations $125,943,000 $130,943,000
Support......................
Mission Support............... 83,321,000 83,321,000
-------------------------------------
Total, Operations and $209,264,000 $214,264,000
Support..................
------------------------------------------------------------------------
The Committee encourages the CWMD Office to continue its
engagement in support of a visualization tool that incorporates
data from state and local entities that can serve as a bio-
preparedness tool for emergency response, emergency management,
and law enforcement at all levels of government.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2018....................... - - -
Budget request, fiscal year 2019...................... $74,896,000
Recommended in the bill............................... 74,896,000
Bill compared with:
Appropriation, fiscal year 2018................... +74,896,000
Budget request, fiscal year 2019.................. - - -
Procurement, Construction, and Improvements provides funds
for the acquisition and deployment of assets to enable DHS
operational components to detect radiological, nuclear,
biological, and chemical threats.
The recommendation funds the acquisition and deployment of
large-scale radiation and nuclear detection systems. Within the
total, $24,046,000 is for the Radiation Portal Monitor (RPM)
Program; $47,750,000 is for the RPM Replacement Program; and
$3,100,000 is for the International Rail Program.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2018....................... - - -
Budget request, fiscal year 2019...................... $80,443,000
Recommended in the bill............................... 80,443,000
Bill compared with:
Appropriation, fiscal year 2018................... +80,443,000
Budget request, fiscal year 2019.................. - - -
The Research and Development appropriation funds the
identification, exploration, and demonstration of new
technologies and capabilities to enable DHS and its partners to
prevent, protect against, respond to, and mitigate
radiological, nuclear, biological, and chemical threats.
The Committee is aware of an exploratory research project
underway by the CWMD Office to demonstrate a new semiconductor
detector that may produce more advanced radiation detection
devices. The CWMD Office shall brief the Committee on this
effort not later than 30 days after the date of enactment of
this Act.
FEDERAL ASSISTANCE
Appropriation, fiscal year 2018....................... - - -
Budget request, fiscal year 2019...................... $64,663,000
Recommended in the bill............................... 64,663,000
Bill compared with:
Appropriation, fiscal year 2018................... +64,663,000
Budget request, fiscal year 2019.................. - - -
The Federal Assistance appropriation funds training,
exercises, and deployment of assets that support efforts of
federal, state, local, tribal, territorial, and international
partners to counter radiological, nuclear, biological, and
chemical threats.
Title IV--Administrative Provisions--This Act
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
prohibiting USCIS from granting immigration benefits unless the
results of background checks are completed prior to the
granting of the benefit and the results do not preclude the
granting of the benefit.
Section 403. The Committee continues a provision limiting
the use of A-76 competitions by USCIS.
Section 404. The Committee continues a provision making
immigration examination fee collections explicitly available
for immigrant integration grants, not to exceed $10,000,000, in
fiscal year 2019.
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
establishing the ``Federal Law Enforcement Training Centers--
Procurement, Construction, and Improvements'' appropriation,
and allowing for the acceptance of transfers from government
agencies into this appropriation.
Section 408. The Committee continues a provision
classifying FLETC instructor staff as inherently governmental
for certain considerations.
Section 409. The Committee includes a new provision
allowing the sale of federal property and assets in Plum
Island, New York, in a manner consistent with standard federal
asset disposition.
TITLE V--GENERAL PROVISIONS
(INCLUDING 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 between appropriations accounts, 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.
These reprogramming and transfer requirements shall be
complied with by all agencies funded by the Department of
Homeland Security Appropriations Act, 2019. In addition, the
Department shall submit reprogramming and transfer
notifications on a timely basis and provide complete
explanations of the reallocations proposed, including detailed
justifications of the increases and offsets, and any specific
impact 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
should include a detailed table showing the proposed revisions
at the account, program, project, and activity level to the
funding and FTE levels for the current fiscal year 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 when formulating the budget request for the
budget year. When the Department submits a reprogramming or
transfer notification to the Committees and does not receive
identical responses from the House and the Senate, 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. If a reprogramming
or transfer is needed after June 30, the notice should contain
sufficient documentation as to why it meets this statutory
exception.
Deobligated funds are also subject to the reprogramming and
transfer guidelines and requirements set forth in this section.
The Secretary is permitted to transfer up to $20,000,000 to
address immigration emergencies.
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 allowed
in the President's fiscal year 2019 budget request. Funds
provided to the WCF are available until expended. The
Department can only charge components for direct usage of the
WCF and these funds may be used only for the purposes
consistent with the WCF uses of 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 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 PPA. 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 50 percent of
unobligated balances from prior year appropriations for each
Operations and Support appropriation shall remain available
through fiscal year 2020, subject to section 503 reprogramming
requirements.
Section 506. The Committee continues a provision that deems
intelligence activities to be specifically authorized during
fiscal year 2019 until the enactment of an Act authorizing
intelligence activities for fiscal year 2019.
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; 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.
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; sensitive security information; 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 a provision
prohibiting DHS from using funds in this Act to carry out
reorganization authority.
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 the use of funds for the transfer or release of
individuals detained at United States Naval Station, Guantanamo
Bay, Cuba into or within the United States.
Section 517. The Committee continues a provision
prohibiting funds in this Act to be used for first-class
travel.
Section 518. The Committee continues a provision
prohibiting the use of funds to employ illegal workers as
described in Section 274A(h)(3) of the Immigration and
Nationality Act.
Section 519. 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 520. The Committee continues a provision
prohibiting the use of funds to enter into a federal contract
unless the contract meets 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 521. The Committee continues a provision requiring
DHS computer systems to block electronic access to pornography,
except for law enforcement purposes.
Section 522. The Committee continues a provision regarding
the transfer of firearms by federal law enforcement personnel.
Section 523. The Committee continues a provision regarding
funding restrictions and reporting requirements related to
conferences occurring outside of the United States.
Section 524. The Committee continues a provision
prohibiting funds to reimburse any federal department or agency
for its participation in a National Special Security Event.
Section 525. The Committee continues 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 526. The Committee continues a provision 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.
Section 527. The Committee continues a provision
authorizing minor procurement, construction, and improvements
under Operations and Support appropriations, as specified.
Section 528. The Committee continues a provision related to
the Arms Trade Treaty.
Section 529. 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 in
territories that meet certain criteria.
Section 530. The Committee continues by reference a
provision providing $41,000,000 for ``Federal Emergency
Management Agency--Federal Assistance'' to reimburse
extraordinary law enforcement personnel overtime costs for
protection activities directly and demonstrably associated with
a residence of the President that is designated for protection.
Section 531. The Committee includes a provision regarding
congressional visits to detention facilities.
Section 532. The Committee includes a provision prohibiting
the use of funds to detain or deport DACA recipients who also
serve in the U.S. Armed Forces.
Section 533. The Committee includes a provision prohibiting
the use of funds for ICE to pay for abortions except in certain
circumstances, or to require any person to perform an abortion.
Section 534. The Committee includes a provision amending
the Stafford Act that prohibits FEMA from considering income in
determining whether to provide or continue to provide rental
assistance following a disaster.
Section 535. The Committee includes a provision making
Disaster Unemployment Assistance available for a one-year
period beginning on the date of a disaster declaration for
Hurricane Irma and Hurricane Maria for the Commonwealth of
Puerto Rico and the U.S. Virgin Islands.
Section 536. The Committee includes a provision regarding
the H-2A temporary agriculture worker program.
Section 537. The Committee includes a provision regarding
the H-2B temporary non-agriculture worker program.
Section 538. The Committee includes a provision prohibiting
the use of funds to disallow certain Native American tribal
members the right to cross the U.S.-Canada border.
Section 539. The Committee includes a provision changing
the statute of limitations for the recovery of FEMA Public
Assistance Grants.
Section 540. The Committee includes a provision removing
per-country limits for employment-based immigrants and
increases the per-country numerical limitation for family-based
immigrants.
Section 541. The Committee includes a provision prohibiting
the use of funds to release certain criminal alien detainees
from federal custody.
Section 542. The Committee includes a provision prohibiting
the implementation of USCIS Policy Memo 602-0162 and the
memorandum from the Principal Legal Advisor on Litigating
Domestic Violence-Based Persecution Claims Following Matter of
A-B.
Section 543. The Committee includes a provision prohibiting
the use of funds to use restraints on pregnant detainees in DHS
custody except in certain circumstances.
Section 544. The Committee includes a provision prohibiting
the use of funds for the destruction of records related to the
sexual abuse or assault of detainees in custody.
Section 545. The Committee includes a provision prohibiting
the use of funds for the removal of noncitizens who are DACA
recipients.
Section 546. The Committee includes a provision specifying
the amount by which new budget authority in the bill is less
than the fiscal year 2019 budget allocation.
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.
FULL COMMITTEE VOTES
Pursuant to the provisions of clause 3(b) of rule XIII of
the House of Representatives, the results of each roll call
vote on an amendment of on the motion to report, together with
the names of those voting for and those voting against, are
printed below:
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
Neither the bill nor report contain any provisions that
specifically direct the rescission of funds.
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 III, under ``Federal Emergency Management Agency--
Disaster Relief Fund'', language is included allowing for the
transfer of up to $3,000,000 to the Disaster Assistance Direct
Loan Program.
DISCLOSURE OF EARMARKS AND CONGRESSIONAL DIRECTED SPENDING ITEMS
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI.
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, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 538 OF DIVISION D OF THE CONSOLIDATED APPROPRIATIONS ACT, 2012
Sec. 538. (a) Notwithstanding any other provision of law
during fiscal year 2012 or any subsequent fiscal year, if the
Secretary of Homeland Security determines that the National
Bio- and Agro-defense Facility should be located at a site
other than Plum Island, New York, the Secretary shall ensure
that the Administrator of General Services sells [through
public sale] all real and related personal property and
transportation assets which support Plum Island operations,
subject to such terms and conditions as may be necessary to
protect Government interests and meet program [requirements.]
requirements: Provided, That the sale of Plum Island property
and assets complies with the requirements for asset disposition
described in chapter 5 of subtitle I of title 40, United States
Code.
(b) The proceeds of such sale described in subsection (a)
shall be deposited as offsetting collections into the
Department of Homeland Security Science and Technology
``Research, Development, Acquisition, and Operations'' account
and, subject to appropriation, shall be available until
expended, for site acquisition, construction, and costs related
to the construction of the National Bio- and Agro-defense
Facility, including the costs associated with the sale,
including due diligence requirements, necessary environmental
remediation at Plum Island, and reimbursement of expenses
incurred by the General Services Administration.
----------
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
* * * * * * *
TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS
* * * * * * *
SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
(a) In General.--
(1) Provision of assistance.--In accordance with this
section, the President, in consultation with the
Governor of a State, may provide financial assistance,
and, if necessary, direct services, to individuals and
households in the State who, as a direct result of a
major disaster, have necessary expenses and serious
needs in cases in which the individuals and households
are unable to meet such expenses or needs through other
means.
(2) Relationship to other assistance.--Under
paragraph (1), an individual or household shall not be
denied assistance under paragraph (1), (3), or (4) of
subsection (c) solely on the basis that the individual
or household has not applied for or received any loan
or other financial assistance from the Small Business
Administration or any other Federal agency.
(b) Housing Assistance.--
(1) Eligibility.--The President may provide financial
or other assistance under this section to individuals
and households to respond to the disaster-related
housing needs of individuals and households who are
displaced from their predisaster primary residences or
whose predisaster primary residences are rendered
uninhabitable, or with respect to individuals with
disabilities, rendered inaccessible or uninhabitable,
as a result of damage caused by a major disaster.
(2) Determination of appropriate types of
assistance.--
(A) In general.--The President shall
determine appropriate types of housing
assistance to be provided under this section to
individuals and households described in
subsection (a)(1) based on considerations of
cost effectiveness, convenience to the
individuals and households, and such other
factors as the President may consider
appropriate.
(B) Multiple types of assistance.--One or
more types of housing assistance may be made
available under this section, based on the
suitability and availability of the types of
assistance, to meet the needs of individuals
and households in the particular disaster
situation.
(c) Types of Housing Assistance.--
(1) Temporary housing.--
(A) Financial assistance.--
(i) In general.--The President may
provide financial assistance to
individuals or households to rent
alternate housing accommodations,
existing rental units, manufactured
housing, recreational vehicles, or
other readily fabricated dwellings.
Such assistance may include the payment
of the cost of utilities, excluding
telephone service.
(ii) Amount.--The amount of
assistance under clause (i) shall be
based on the fair market rent for the
accommodation provided plus the cost of
any transportation, utility hookups,
security deposits, or unit installation
not provided directly by the President.
(B) Direct assistance.--
(i) In general.--The President may
provide temporary housing units,
acquired by purchase or lease, directly
to individuals or households who,
because of a lack of available housing
resources, would be unable to make use
of the assistance provided under
subparagraph (A).
(ii) Lease and repair of rental units
for temporary housing.--
(I) In general.--The
President, to the extent the
President determines it would
be a cost-effective alternative
to other temporary housing
options, may--
(aa) enter into lease
agreements with owners
of multifamily rental
property located in
areas covered by a
major disaster
declaration to house
individuals and
households eligible for
assistance under this
section; and
(bb) make repairs or
improvements to
properties under such
lease agreements, to
the extent necessary to
serve as safe and
adequate temporary
housing.
(II) Improvements or
repairs.--Under the terms of
any lease agreement for
property entered into under
this subsection, the value of
the improvements or repairs--
(aa) shall be
deducted from the value
of the lease agreement;
and
(bb) may not exceed
the value of the lease
agreement.
(iii) Period of assistance.--The
President may not provide direct
assistance under clause (i) with
respect to a major disaster after the
end of the 18-month period beginning on
the date of the declaration of the
major disaster by the President, except
that the President may extend that
period if the President determines that
due to extraordinary circumstances an
extension would be in the public
interest.
(iv) Collection of rental charges.--
After the end of the 18-month period
referred to in clause (iii), the
President may charge fair market rent
for each temporary housing unit
provided.
(2) Repairs.--
(A) In general.--The President may provide
financial assistance for--
(i) the repair of owner-occupied
private residences, utilities, and
residential infrastructure (such as a
private access route) damaged by a
major disaster to a safe and sanitary
living or functioning condition; and
(ii) eligible hazard mitigation
measures that reduce the likelihood of
future damage to such residences,
utilities, or infrastructure.
(B) Relationship to other assistance.--A
recipient of assistance provided under this
paragraph shall not be required to show that
the assistance can be met through other means,
except insurance proceeds.
(3) Replacement.--
(A) In general.--The President may provide
financial assistance for the replacement of
owner-occupied private residences damaged by a
major disaster.
(B) Applicability of flood insurance
requirement.--With respect to assistance
provided under this paragraph, the President
may not waive any provision of Federal law
requiring the purchase of flood insurance as a
condition of the receipt of Federal disaster
assistance.
(4) Permanent housing construction.--The President
may provide financial assistance or direct assistance
to individuals or households to construct permanent or
semi-permanent housing in insular areas outside the
continental United States and in other locations in
cases in which--
(A) no alternative housing resources are
available; and
(B) the types of temporary housing assistance
described in paragraph (1) are unavailable,
infeasible, or not cost-effective.
(d) Terms and Conditions Relating to Housing Assistance.--
(1) Sites.--
(A) In general.--Any readily fabricated
dwelling provided under this section shall,
whenever practicable, be located on a site
that--
(i) is complete with utilities;
(ii) meets the physical accessibility
requirements for individuals with
disabilities; and
(iii) is provided by the State or
local government, by the owner of the
site, or by the occupant who was
displaced by the major disaster.
(B) Sites provided by the president.--A
readily fabricated dwelling may be located on a
site provided by the President if the President
determines that such a site would be more
economical or accessible.
(2) Disposal of units.--
(A) Sale to occupants.--
(i) In general.--Notwithstanding any
other provision of law, a temporary
housing unit purchased under this
section by the President for the
purpose of housing disaster victims may
be sold directly to the individual or
household who is occupying the unit if
the individual or household lacks
permanent housing.
(ii) Sale price.--A sale of a
temporary housing unit under clause (i)
shall be at a price that is fair and
equitable.
(iii) Deposit of proceeds.--
Notwithstanding any other provision of
law, the proceeds of a sale under
clause (i) shall be deposited in the
appropriate Disaster Relief Fund
account.
(iv) Hazard and flood insurance.--A
sale of a temporary housing unit under
clause (i) shall be made on the
condition that the individual or
household purchasing the housing unit
agrees to obtain and maintain hazard
and flood insurance on the housing
unit.
(v) Use of gsa services.--The
President may use the services of the
General Services Administration to
accomplish a sale under clause (i).
(B) Other methods of disposal.--If not
disposed of under subparagraph (A), a temporary
housing unit purchased under this section by
the President for the purpose of housing
disaster victims--
(i) may be sold to any person; or
(ii) may be sold, transferred,
donated, or otherwise made available
directly to a State or other
governmental entity or to a voluntary
organization for the sole purpose of
providing temporary housing to disaster
victims in major disasters and
emergencies if, as a condition of the
sale, transfer, or donation, the State,
other governmental agency, or voluntary
organization agrees--
(I) to comply with the
nondiscrimination provisions of
section 308; and
(II) to obtain and maintain
hazard and flood insurance on
the housing unit.
(e) Financial Assistance To Address Other Needs.--
(1) Medical, dental, child care, and funeral
expenses.--The President, in consultation with the
Governor of a State, may provide financial assistance
under this section to an individual or household in the
State who is adversely affected by a major disaster to
meet disaster-related medical, dental, child care, and
funeral expenses.
(2) Personal property, transportation, and other
expenses.--The President, in consultation with the
Governor of a State, may provide financial assistance
under this section to an individual or household
described in paragraph (1) to address personal
property, transportation, and other necessary expenses
or serious needs resulting from the major disaster.
(f) State Role.--
(1) Financial assistance to address other needs.--
(A) Grant to state.--Subject to subsection
(g), a Governor may request a grant from the
President to provide financial assistance to
individuals and households in the State under
subsection (e).
(B) Administrative costs.--A State that
receives a grant under subparagraph (A) may
expend not more than 5 percent of the amount of
the grant for the administrative costs of
providing financial assistance to individuals
and households in the State under subsection
(e).
(2) Access to records.--In providing assistance to
individuals and households under this section, the
President shall provide for the substantial and ongoing
involvement of the States in which the individuals and
households are located, including by providing to the
States access to the electronic records of individuals
and households receiving assistance under this section
in order for the States to make available any
additional State and local assistance to the
individuals and households.
(g) Cost Sharing.--
(1) Federal share.--Except as provided in paragraph
(2), the Federal share of the costs eligible to be paid
using assistance provided under this section shall be
100 percent.
(2) Financial assistance to address other needs.--In
the case of financial assistance provided under
subsection (e)--
(A) the Federal share shall be 75 percent;
and
(B) the non-Federal share shall be paid from
funds made available by the State.
(h) Maximum Amount of Assistance.--
(1) In general.--No individual or household shall
receive financial assistance greater than $25,000 under
this section with respect to a single major disaster.
(2) Adjustment of limit.--The limit established under
paragraph (1) shall be adjusted annually to reflect
changes in the Consumer Price Index for All Urban
Consumers published by the Department of Labor.
(i) Verification Measures.--In carrying out this section, the
President shall develop a system, including an electronic
database, that shall allow the President, or the designee of
the President, to--
(1) verify the identity and address of recipients of
assistance under this section to provide reasonable
assurance that payments are made only to an individual
or household that is eligible for such assistance;
(2) minimize the risk of making duplicative payments
or payments for fraudulent claims under this section;
(3) collect any duplicate payment on a claim under
this section, or reduce the amount of subsequent
payments to offset the amount of any such duplicate
payment;
(4) provide instructions to recipients of assistance
under this section regarding the proper use of any such
assistance, regardless of how such assistance is
distributed; and
(5) conduct an expedited and simplified review and
appeal process for an individual or household whose
application for assistance under this section is
denied.
(j) Rules and Regulations.--The President shall prescribe
rules and regulations to carry out this section, including
criteria, standards, and procedures for determining eligibility
for assistance.
(k) Prohibition.--
(1) In general.--Notwithstanding any other provision
of this section, the President shall not consider the
income of an individual or household in determining
whether to provide, or continue to provide, to that
individual or household rental assistance under this
section.
(2) Applicability.--Paragraph (1) shall apply with
respect to major disasters declared on or after January
1, 2017.
* * * * * * *
TITLE VII--MISCELLANEOUS
* * * * * * *
SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.
(a) Statute of Limitations.--
(1) In general.--[Except] Notwithstanding section
3716(e) of title 31, United States Code, and except as
provided in paragraph (2), no administrative action to
recover any payment made to a State or local government
for disaster or emergency assistance under this Act
shall be initiated in any forum after the date that is
3 years after the date of transmission of the final
expenditure [report for the disaster or emergency]
report for project completion as certified by the
grantee.
(2) Fraud exception.--The limitation under paragraph
(1) shall apply unless there is evidence of civil or
criminal fraud.
(b) Rebuttal of Presumption of Record Maintenance.--
(1) In general.--In any dispute arising under this
section after the date that is 3 years after the date
of transmission of the final expenditure [report for
the disaster or emergency] report for project
completion as certified by the grantee, there shall be
a presumption that accounting records were maintained
that adequately identify the source and application of
funds provided for financially assisted activities.
(2) Affirmative evidence.--The presumption described
in paragraph (1) may be rebutted only on production of
affirmative evidence that the State or local government
did not maintain documentation described in that
paragraph.
(3) Inability to produce documentation.--The
inability of the Federal, State, or local government to
produce source documentation supporting expenditure
reports later than 3 years after the date of
transmission of the final expenditure report for
project completion as certified by the grantee shall
not constitute evidence to rebut the presumption
described in paragraph (1).
(4) Right of access.--The period during which the
Federal, State, or local government has the right to
access source documentation shall not be limited to the
required 3-year retention period referred to in
paragraph (3), but shall last as long as the records
are maintained.
(c) Binding Nature of Grant Requirements.--A State or local
government shall not be liable for reimbursement or any other
penalty for any payment made under this Act if--
(1) the payment was authorized by an approved
agreement specifying the costs;
(2) the costs were reasonable; and
(3) the purpose of the grant was accomplished.
* * * * * * *
----------
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE II--IMMIGRATION
Chapter 1--Selection System
* * * * * * *
numerical limitation to any single foreign state
Sec. 202. (a) Per Country Level.--
(1) Nondiscrimination.--(A) Except as specifically
provided in paragraph (2) and in sections 101(a)(27),
201(b)(2)(A)(i), and 203, no person shall receive any
preference or priority or be discriminated against in
the issuance of an immigrant visa because of the
person's race, sex, nationality, place of birth, or
place of residence.
(B) Nothing in this paragraph shall be construed to
limit the authority of the Secretary of State to
determine the procedures for the processing of
immigrant visa applications or the locations where such
applications will be processed.
(2) Per country levels for family-sponsored [and
employment-based] immigrants.--Subject to paragraphs
[(3), (4), and (5),] (3) and (4), the total number of
immigrant visas made available to natives of any single
foreign state or dependent area under [subsections (a)
and (b) of section 203] section 203(a) in any fiscal
year may not exceed [7] 15 percent (in the case of a
single foreign state) or 2 percent (in the case of a
dependent area) of the total number of such visas made
available under [such subsections] such section in that
fiscal year.
(3) Exception if additional visas available.--If
because of the application of paragraph (2) with
respect to one or more foreign states or dependent
areas, the total number of visas available under [both
subsections (a) and (b) of section 203] section 203(a)
for a calendar quarter exceeds the number of qualified
immigrants who otherwise may be issued such a visa,
paragraph (2) shall not apply to visas made available
to such states or areas during the remainder of such
calendar quarter.
(4) Special rules for spouses and children of lawful
permanent resident aliens.--
(A) 75 percent of 2nd preference set-aside
for spouses and children not subject to per
country limitation.--
(i) In general.--Of the visa numbers
made available under section 203(a) to
immigrants described in section
203(a)(2)(A) in any fiscal year, 75
percent of the 2-A floor (as defined in
clause (ii)) shall be issued without
regard to the numerical limitation
under paragraph (2).
(ii) 2-A floor defined.--In this
paragraph, the term ``2-A floor''
means, for a fiscal year, 77 percent of
the total number of visas made
available under section 203(a) to
immigrants described in section
203(a)(2) in the fiscal year.
(B) Treatment of remaining 25 percent for
countries subject to subsection (e).--
(i) In general.--Of the visa numbers
made available under section 203(a) to
immigrants described in section
203(a)(2)(A) in any fiscal year, the
remaining 25 percent of the 2-A floor
shall be available in the case of a
state or area that is subject to
subsection (e) only to the extent that
the total number of visas issued in
accordance with subparagraph (A) to
natives of the foreign state or area is
less than the subsection (e) ceiling
(as defined in clause (ii)).
(ii) Subsection (e) ceiling
defined.--In clause (i), the term
``subsection (e) ceiling'' means, for a
foreign state or dependent area, 77
percent of the maximum number of visas
that may be made available under
section 203(a) to immigrants who are
natives of the state or area under
section 203(a)(2) consistent with
subsection (e).
(C) Treatment of unmarried sons and daughters
in countries subject to subsection (e).--In the
case of a foreign state or dependent area to
which subsection (e) applies, the number of
immigrant visas that may be made available to
natives of the state or area under section
203(a)(2)(B) may not exceed--
(i) 23 percent of the maximum number
of visas that may be made available
under section 203(a) to immigrants of
the state or area described in section
203(a)(2) consistent with subsection
(e), or
(ii) the number (if any) by which the
maximum number of visas that may be
made available under section 203(a) to
immigrants of the state or area
described in section 203(a)(2)
consistent with subsection (e) exceeds
the number of visas issued under
section 203(a)(2)(A),
whichever is greater.
(D) Limiting pass down for certain countries
subject to subsection (e).--In the case of a
foreign state or dependent area to which
subsection (e) applies, if the total number of
visas issued under section 203(a)(2) exceeds
the maximum number of visas that may be made
available to immigrants of the state or area
under section 203(a)(2) consistent with
subsection (e) (determined without regard to
this paragraph), in applying paragraphs (3) and
(4) of section 203(a) under subsection (e)(2)
all visas shall be deemed to have been required
for the classes specified in paragraphs (1) and
(2) of such section.
[(5) Rules for employment-based immigrants.--
[(A) Employment-based immigrants not subject
to per country limitation if additional visas
available.--If the total number of visas
available under paragraph (1), (2), (3), (4),
or (5) of section 203(b) for a calendar quarter
exceeds the number of qualified immigrants who
may otherwise be issued such visas, the visas
made available under that paragraph shall be
issued without regard to the numerical
limitation under paragraph (2) of this
subsection during the remainder of the calendar
quarter.
[(B) Limiting fall across for certain
countries subject to subsection (e).--In the
case of a foreign state or dependent area to
which subsection (e) applies, if the total
number of visas issued under section 203(b)
exceeds the maximum number of visas that may be
made available to immigrants of the state or
area under section 203(b) consistent with
subsection (e) (determined without regard to
this paragraph), in applying subsection (e) all
visas shall be deemed to have been required for
the classes of aliens specified in section
203(b).]
(b) Rules for Chargeability.--Each independent country, self-
governing dominion, mandated territory, and territory under the
international trusteeship system of the United Nations, other
than the United States and its outlying possessions, shall be
treated as a separate foreign state for the purposes of a
numerical level established under subsection (a)(2) when
approved by the Secretary of State. All other inhabited lands
shall be attributed to a foreign state specified by the
Secretary of State. For the purposes of this Act the foreign
state to which an immigrant is chargeable shall be determined
by birth within such foreign state except that (1) an alien
child, when accompanied by or following to join his alien
parent or parents, may be charged to the foreign state of
either parent if such parent has received or would be qualified
for an immigrant visa, if necessary to prevent the separation
of the child from the parent or parents, and if immigration
charged to the foreign state to which such parent has been or
would be chargeable has not reached a numerical level
established under subsection (a)(2) for that fiscal year; (2)
if an alien is chargeable to a different foreign state from
that of his spouse, the foreign state to which such alien is
chargeable may, if necessary to prevent the separation of
husband and wife, be determined by the foreign state of the
spouse he is accompanying or following to join, if such spouse
has received or would be qualified for an immigrant visa and if
immigration charged to the foreign state to which such spouse
has been or would be chargeable has not reached a numerical
level established under subsection (a)(2) for that fiscal year;
(3) an alien born in the United States shall be considered as
having been born in the country of which he is a citizen or
subject, or, if he is not a citizen or subject of any country,
in the last foreign country in which he had his residence as
determined by the consular officer; and (4) an alien born
within any foreign state in which neither of his parents was
born and in which neither of his parents had a residence at the
time of such alien's birth may be charged to the foreign state
of either parent.
(c) Chargeability for Dependent Areas.--Any immigrant born in
a colony or other component or dependent area of a foreign
state overseas from the foreign state, other than an alien
described in section 201(b), shall be chargeable for the
purpose of the limitation set forth in subsection (a), to the
foreign state.
(d) Changes in Territory.--In the case of any change in the
territorial limits of foreign states, the Secretary of State
shall, upon recognition of such change, issue appropriate
instructions to all diplomatic and consular offices.
[(e) Special Rules for Countries at Ceiling.--If it is
determined that the total number of immigrant visas made
available under subsections (a) and (b) of section 203 to
natives of any single foreign state or dependent area will
exceed the numerical limitation specified in subsection (a)(2)
in any fiscal year, in determining the allotment of immigrant
visa numbers to natives under subsections (a) and (b) of
section 203, visa numbers with respect to natives of that state
or area shall be allocated (to the extent practicable and
otherwise consistent with this section and section 203) in a
manner so that--
[(1) the ratio of the visa numbers made available
under section 203(a) to the visa numbers made available
under section 203(b) is equal to the ratio of the
worldwide level of immigration under section 201(c) to
such level under section 201(d);
[(2) except as provided in subsection (a)(4), the
proportion of the visa numbers made available under
each of paragraphs (1) through (4) of section 203(a) is
equal to the ratio of the total number of visas made
available under the respective paragraph to the total
number of visas made available under section 203(a),
and
[(3) except as provided in subsection (a)(5), the
proportion of the visa numbers made available under
each of paragraphs (1) through (5) of section 203(b) is
equal to the ratio of the total number of visas made
available under the respective paragraph to the total
number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the
number of visas that may be issued to natives of a foreign
state or dependent area under section 203(a) or 203(b) if there
is insufficient demand for visas for such natives under section
203(b) or 203(a), respectively, or as limiting the number of
visas that may be issued under section 203(a)(2)(A) pursuant to
subsection (a)(4)(A).]
(e) Special Rules for Countries at Ceiling.--If it is
determined that the total number of immigrant visas made
available under section 203(a) to natives of any single foreign
state or dependent area will exceed the numerical limitation
specified in subsection (a)(2) in any fiscal year, in
determining the allotment of immigrant visa numbers to natives
under section 203(a), visa numbers with respect to natives of
that state or area shall be allocated (to the extent
practicable and otherwise consistent with this section and
section 203) in a manner so that, except as provided in
subsection (a)(4), the proportion of the visa numbers made
available under each of paragraphs (1) through (4) of section
203(a) is equal to the ratio of the total number of visas made
available under the respective paragraph to the total number of
visas made available under section 203(a).
* * * * * * *
Chapter 2--Qualifications for Admission of Aliens; Travel Control of
Citizens and Aliens
* * * * * * *
admission of nonimmigrants
Sec. 214. (a)(1) The admission to the United States of any
alien as a nonimmigrant shall be for such time and under such
conditions as the Attorney General may by regulations
prescribe, including when he deems necessary the giving of a
bond with sufficient surety in such sum and containing such
conditions as the Attorney General shall prescribe, to insure
that at the expiration of such time or upon failure to maintain
the status under which he was admitted, or to maintain any
status subsequently acquired under section 248, such alien will
depart from the United States. No alien admitted to Guam or the
Commonwealth of the Northern Mariana Islands without a visa
pursuant to section 212(l) may be authorized to enter or stay
in the United States other than in Guam or the Commonwealth of
the Northern Mariana Islands or to remain in Guam or the
Commonwealth of the Northern Mariana Islands for a period
exceeding 45 days from date of admission to Guam or the
Commonwealth of the Northern Mariana Islands. No alien admitted
to the United States without a visa pursuant to section 217 may
be authorized to remain in the United States as a nonimmigrant
visitor for a period exceeding 90 days from the date of
admission.
(2)(A) The period of authorized status as a nonimmigrant
described in section 101(a)(15)(O) shall be for such period as
the Attorney General may specify in order to provide for the
event (or events) for which the nonimmigrant is admitted.
(B) The period of authorized status as a nonimmigrant
described in section 101(a)(15)(P) shall be for such period as
the Attorney General may specify in order to provide for the
competition, event, or performance for which the nonimmigrant
is admitted. In the case of nonimmigrants admitted as
individual athletes under section 101(a)(15)(P), the period of
authorized status may be for an initial period (not to exceed 5
years) during which the nonimmigrant will perform as an athlete
and such period may be extended by the Attorney General for an
additional period of up to 5 years.
(b) Every alien (other than a nonimmigrant described in
subparagraph (L) or (V) of section 101(a)(15), and other than a
nonimmigrant described in any provision of section
101(a)(15)(H)(i) except subclause (b1) of such section) shall
be presumed to be an immigrant until he establishes to the
satisfaction of the consular officer, at the time of
application for a visa, and the immigration officers, at the
time of application for admission, that he is entitled to a
nonimmigrant status under section 101(a)(15). An alien who is
an officer or employee of any foreign government or of any
international organization entitled to enjoy privileges,
exemptions, and immunities under the International
Organizations Immunities Act, or an alien who is the attendant,
servant, employee, or member of the immediate family of any
such alien shall not be entitled to apply for or receive an
immigrant visa, or to enter the United States as an immigrant
unless he executes a written waiver in the same form and
substance as is prescribed by section 247(b).
(c)(1) The question of importing any alien as a nonimmigrant
under subparagraph (H), (L), (O), or (P)(i) of section
101(a)(15) (excluding nonimmigrants under section
101(a)(15)(H)(i)(b1)) in any specific case or specific cases
shall be determined by the Attorney General, after consultation
with appropriate agencies of the Government, upon petition of
the importing employer. Such petition shall be made and
approved before the visa is granted. The petition shall be in
such form and contain such information as the Attorney General
shall prescribe. The approval of such a petition shall not, of
itself, be construed as establishing that the alien is a
nonimmigrant. For purposes of this subsection with respect to
nonimmigrants described in section 101(a)(15)(H)(ii)(a), the
term ``appropriate agencies of Government'' means the
Department of Labor and includes the Department of Agriculture.
The provisions of section 218 shall apply to the question of
importing any alien as a nonimmigrant under section
101(a)(15)(H)(ii)(a).
(2)(A) The Attorney General shall provide for a procedure
under which an importing employer which meets requirements
established by the Attorney General may file a blanket petition
to import aliens as nonimmigrants described in section
101(a)(15)(L) instead of filing individual petitions under
paragraph (1) to import such aliens. Such procedure shall
permit the expedited processing of visas for admission of
aliens covered under such a petition.
(B) For purposes of section 101(a)(15)(L), an alien is
considered to be serving in a capacity involving specialized
knowledge with respect to a company if the alien has a special
knowledge of the company product and its application in
international markets or has an advanced level of knowledge of
processes and procedures of the company.
(C) The Attorney General shall provide a process for
reviewing and acting upon petitions under this subsection with
respect to nonimmigrants described in section 101(a)(15)(L)
within 30 days after the date a completed petition has been
filed.
(D) The period of authorized admission for--
(i) a nonimmigrant admitted to render services in a
managerial or executive capacity under section
101(a)(15)(L) shall not exceed 7 years, or
(ii) a nonimmigrant admitted to render services in a
capacity that involves specialized knowledge under
section 101(a)(15)(L) shall not exceed 5 years.
(E) In the case of an alien spouse admitted under section
101(a)(15)(L), who is accompanying or following to join a
principal alien admitted under such section, the Attorney
General shall authorize the alien spouse to engage in
employment in the United States and provide the spouse with an
``employment authorized'' endorsement or other appropriate work
permit.
(F) An alien who will serve in a capacity involving
specialized knowledge with respect to an employer for purposes
of section 101(a)(15)(L) and will be stationed primarily at the
worksite of an employer other than the petitioning employer or
its affiliate, subsidiary, or parent shall not be eligible for
classification under section 101(a)(15)(L) if--
(i) the alien will be controlled and supervised
principally by such unaffiliated employer; or
(ii) the placement of the alien at the worksite of
the unaffiliated employer is essentially an arrangement
to provide labor for hire for the unaffiliated
employer, rather than a placement in connection with
the provision of a product or service for which
specialized knowledge specific to the petitioning
employer is necessary.
(3) The Attorney General shall approve a petition--
(A) with respect to a nonimmigrant described in
section 101(a)(15)(O)(i) only after consultation in
accordance with paragraph (6) or, with respect to
aliens seeking entry for a motion picture or television
production, after consultation with the appropriate
union representing the alien's occupational peers and a
management organization in the area of the alien's
ability, or
(B) with respect to a nonimmigrant described in
section 101(a)(15)(O)(ii) after consultation in
accordance with paragraph (6) or, in the case of such
an alien seeking entry for a motion picture or
television production, after consultation with such a
labor organization and a management organization in the
area of the alien's ability.
In the case of an alien seeking entry for a motion picture or
television production, (i) any opinion under the previous
sentence shall only be advisory, (ii) any such opinion that
recommends denial must be in writing, (iii) in making the
decision the Attorney General shall consider the exigencies and
scheduling of the production, and (iv) the Attorney General
shall append to the decision any such opinion. The Attorney
General shall provide by regulation for the waiver of the
consultation requirement under subparagraph (A) in the case of
aliens who have been admitted as nonimmigrants under section
101(a)(15)(O)(i) because of extraordinary ability in the arts
and who seek readmission to perform similar services within 2
years after the date of a consultation under such subparagraph.
Not later than 5 days after the date such a waiver is provided,
the Attorney General shall forward a copy of the petition and
all supporting documentation to the national office of an
appropriate labor organization.
(4)(A) For purposes of section 101(a)(15)(P)(i)(a), an alien
is described in this subparagraph if the alien--
(i)(I) performs as an athlete, individually or as
part of a group or team, at an internationally
recognized level of performance;
(II) is a professional athlete, as defined in section
204(i)(2);
(III) performs as an athlete, or as a coach, as part
of a team or franchise that is located in the United
States and a member of a foreign league or association
of 15 or more amateur sports teams, if--
(aa) the foreign league or association is the
highest level of amateur performance of that
sport in the relevant foreign country;
(bb) participation in such league or
association renders players ineligible, whether
on a temporary or permanent basis, to earn a
scholarship in, or participate in, that sport
at a college or university in the United States
under the rules of the National Collegiate
Athletic Association; and
(cc) a significant number of the individuals
who play in such league or association are
drafted by a major sports league or a minor
league affiliate of such a sports league; or
(IV) is a professional athlete or amateur athlete who
performs individually or as part of a group in a
theatrical ice skating production; and
(ii) seeks to enter the United States temporarily and
solely for the purpose of performing--
(I) as such an athlete with respect to a
specific athletic competition; or
(II) in the case of an individual described
in clause (i)(IV), in a specific theatrical ice
skating production or tour.
(B)(i) For purposes of section 101(a)(15)(P)(i)(b), an alien
is described in this subparagraph if the alien--
(I) performs with or is an integral and essential
part of the performance of an entertainment group that
has (except as provided in clause (ii)) been recognized
internationally as being outstanding in the discipline
for a sustained and substantial period of time,
(II) in the case of a performer or entertainer,
except as provided in clause (iii), has had a sustained
and substantial relationship with that group
(ordinarily for at least one year) and provides
functions integral to the performance of the group, and
(III) seeks to enter the United States temporarily
and solely for the purpose of performing as such a
performer or entertainer or as an integral and
essential part of a performance.
(ii) In the case of an entertainment group that is recognized
nationally as being outstanding in its discipline for a
sustained and substantial period of time, the Attorney General
may, in consideration of special circumstances, waive the
international recognition requirement of clause (i)(I).
(iii)(I) The one-year relationship requirement of clause
(i)(II) shall not apply to 25 percent of the performers and
entertainers in a group.
(II) The Attorney General may waive such one-year
relationship requirement for an alien who because of illness or
unanticipated and exigent circumstances replaces an essential
member of the group and for an alien who augments the group by
performing a critical role.
(iv) The requirements of subclauses (I) and (II) of clause
(i) shall not apply to alien circus personnel who perform as
part of a circus or circus group or who constitute an integral
and essential part of the performance of such circus or circus
group, but only if such personnel are entering the United
States to join a circus that has been recognized nationally as
outstanding for a sustained and substantial period of time or
as part of such a circus.
(C) A person may petition the Attorney General for
classification of an alien as a nonimmigrant under section
101(a)(15)(P).
(D) The Attorney General shall approve petitions under this
subsection with respect to nonimmigrants described in clause
(i) or (iii) of section 101(a)(15)(P) only after consultation
in accordance with paragraph (6).
(E) The Attorney General shall approve petitions under this
subsection for nonimmigrants described in section
101(a)(15)(P)(ii) only after consultation with labor
organizations representing artists and entertainers in the
United States.
(F)(i) No nonimmigrant visa under section 101(a)(15)(P)(i)(a)
shall be issued to any alien who is a national of a country
that is a state sponsor of international terrorism unless the
Secretary of State determines, in consultation with the
Secretary of Homeland Security and the heads of other
appropriate United States agencies, that such alien does not
pose a threat to the safety, national security, or national
interest of the United States. In making a determination under
this subparagraph, the Secretary of State shall apply standards
developed by the Secretary of State, in consultation with the
Secretary of Homeland Security and the heads of other
appropriate United States agencies, that are applicable to the
nationals of such states.
(ii) In this subparagraph, the term ``state sponsor of
international terrorism'' means any country the government of
which has been determined by the Secretary of State under any
of the laws specified in clause (iii) to have repeatedly
provided support for acts of international terrorism.
(iii) The laws specified in this clause are the following:
(I) Section 6(j)(1)(A) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or
successor statute).
(II) Section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)).
(III) Section 620A(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371(a)).
(G) The Secretary of Homeland Security shall permit a
petition under this subsection to seek classification of more
than 1 alien as a nonimmigrant under section
101(a)(15)(P)(i)(a).
(H) The Secretary of Homeland Security shall permit an
athlete, or the employer of an athlete, to seek admission to
the United States for such athlete under a provision of this
Act other than section 101(a)(15)(P)(i) if the athlete is
eligible under such other provision.
(5)(A) In the case of an alien who is provided nonimmigrant
status under section 101(a)(15)(H)(i)(b) or
101(a)(15)(H)(ii)(b) and who is dismissed from employment by
the employer before the end of the period of authorized
admission, the employer shall be liable for the reasonable
costs of return transportation of the alien abroad.
(B) In the case of an alien who is admitted to the United
States in nonimmigrant status under section 101(a)(15)(O) or
101(a)(15)(P) and whose employment terminates for reasons other
than voluntary resignation, the employer whose offer of
employment formed the basis of such nonimmigrant status and the
petitioner are jointly and severally liable for the reasonable
cost of return transportation of the alien abroad. The
petitioner shall provide assurance satisfactory to the Attorney
General that the reasonable cost of that transportation will be
provided.
(6)(A)(i) To meet the consultation requirement of paragraph
(3)(A) in the case of a petition for a nonimmigrant described
in section 101(a)(15)(O)(i) (other than with respect to aliens
seeking entry for a motion picture or television production),
the petitioner shall submit with the petition an advisory
opinion from a peer group (or other person or persons of its
choosing, which may include a labor organization) with
expertise in the specific field involved.
(ii) To meet the consultation requirement of paragraph (3)(B)
in the case of a petition for a nonimmigrant described in
section 101(a)(15)(O)(ii) (other than with respect to aliens
seeking entry for a motion picture or television production),
the petitioner shall submit with the petition an advisory
opinion from a labor organization with expertise in the skill
area involved.
(iii) To meet the consultation requirement of paragraph
(4)(D) in the case of a petition for a nonimmigrant described
in section 101(a)(15)(P)(i) or 101(a)(15)(P)(iii), the
petitioner shall submit with the petition an advisory opinion
from a labor organization with expertise in the specific field
of athletics or entertainment involved.
(B) To meet the consultation requirements of subparagraph
(A), unless the petitioner submits with the petition an
advisory opinion from an appropriate labor organization, the
Attorney General shall forward a copy of the petition and all
supporting documentation to the national office of an
appropriate labor organization within 5 days of the date of
receipt of the petition. If there is a collective bargaining
representative of an employer's employees in the occupational
classification for which the alien is being sought, that
representative shall be the appropriate labor organization.
(C) In those cases in which a petitioner described in
subparagraph (A) establishes that an appropriate peer group
(including a labor organization) does not exist, the Attorney
General shall adjudicate the petition without requiring an
advisory opinion.
(D) Any person or organization receiving a copy of a petition
described in subparagraph (A) and supporting documents shall
have no more than 15 days following the date of receipt of such
documents within which to submit a written advisory opinion or
comment or to provide a letter of no objection. Once the 15-day
period has expired and the petitioner has had an opportunity,
where appropriate, to supply rebuttal evidence, the Attorney
General shall adjudicate such petition in no more than 14 days.
The Attorney General may shorten any specified time period for
emergency reasons if no unreasonable burden would be thus
imposed on any participant in the process.
(E)(i) The Attorney General shall establish by regulation
expedited consultation procedures in the case of nonimmigrant
artists or entertainers described in section 101(a)(15)(O) or
101(a)(15)(P) to accommodate the exigencies and scheduling of a
given production or event.
(ii) The Attorney General shall establish by regulation
expedited consultation procedures in the case of nonimmigrant
athletes described in section 101(a)(15)(O)(i) or
101(a)(15)(P)(i) in the case of emergency circumstances
(including trades during a season).
(F) No consultation required under this subsection by the
Attorney General with a nongovernmental entity shall be
construed as permitting the Attorney General to delegate any
authority under this subsection to such an entity. The Attorney
General shall give such weight to advisory opinions provided
under this section as the Attorney General determines, in his
sole discretion, to be appropriate.
(7) If a petition is filed and denied under this subsection,
the Attorney General shall notify the petitioner of the
determination and the reasons for the denial and of the process
by which the petitioner may appeal the determination.
(8) The Attorney General shall submit annually to the
Committees on the Judiciary of the House of Representatives and
of the Senate a report describing, with respect to petitions
under each subcategory of subparagraphs (H), (O), (P), and (Q)
of section 101(a)(15) the following:
(A) The number of such petitions which have been
filed.
(B) The number of such petitions which have been
approved and the number of workers (by occupation)
included in such approved petitions.
(C) The number of such petitions which have been
denied and the number of workers (by occupation)
requested in such denied petitions.
(D) The number of such petitions which have been
withdrawn.
(E) The number of such petitions which are awaiting
final action.
(9)(A) The Attorney General shall impose a fee on an employer
(excluding any employer that is a primary or secondary
education institution, an institution of higher education, as
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a), a nonprofit entity related to or affiliated
with any such institution, a nonprofit entity which engages in
established curriculum-related clinical training of students
registered at any such institution, a nonprofit research
organization, or a governmental research organization) filing
before a petition under paragraph (1)--
(i) initially to grant an alien nonimmigrant status
described in section 101(a)(15)(H)(i)(b);
(ii) to extend the stay of an alien having such
status (unless the employer previously has obtained an
extension for such alien); or
(iii) to obtain authorization for an alien having
such status to change employers.
(B) The amount of the fee shall be $1,500 for each such
petition except that the fee shall be half the amount for each
such petition by any employer with not more than 25 full-time
equivalent employees who are employed in the United States
(determined by including any affiliate or subsidiary of such
employer).
(C) Fees collected under this paragraph shall be deposited in
the Treasury in accordance with section 286(s).
(10) An amended H-1B petition shall not be required
where the petitioning employer is involved in a
corporate restructuring, including but not limited to a
merger, acquisition, or consolidation, where a new
corporate entity succeeds to the interests and
obligations of the original petitioning employer and
where the terms and conditions of employment remain the
same but for the identity of the petitioner.
(11)(A) Subject to subparagraph (B), the Secretary of
Homeland Security or the Secretary of State, as appropriate,
shall impose a fee on an employer who has filed an attestation
described in section 212(t)--
(i) in order that an alien may be initially granted
nonimmigrant status described in section
101(a)(15)(H)(i)(b1); or
(ii) in order to satisfy the requirement of the
second sentence of subsection (g)(8)(C) for an alien
having such status to obtain certain extensions of
stay.
(B) The amount of the fee shall be the same as the amount
imposed by the Secretary of Homeland Security under paragraph
(9), except that if such paragraph does not authorize such
Secretary to impose any fee, no fee shall be imposed under this
paragraph.
(C) Fees collected under this paragraph shall be deposited in
the Treasury in accordance with section 286(s).
(12)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention
and detection fee on an employer filing a petition under
paragraph (1)--
(i) initially to grant an alien nonimmigrant status
described in subparagraph (H)(i)(b) or (L) of section
101(a)(15); or
(ii) to obtain authorization for an alien having such
status to change employers.
(B) In addition to any other fees authorized by law, the
Secretary of State shall impose a fraud prevention and
detection fee on an alien filing an application abroad for a
visa authorizing admission to the United States as a
nonimmigrant described in section 101(a)(15)(L), if the alien
is covered under a blanket petition described in paragraph
(2)(A).
(C) The amount of the fee imposed under subparagraph (A) or
(B) shall be $500.
(D) The fee imposed under subparagraph (A) or (B) shall only
apply to principal aliens and not to the spouses or children
who are accompanying or following to join such principal
aliens.
(E) Fees collected under this paragraph shall be deposited in
the Treasury in accordance with section 286(v).
(13)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention
and detection fee on an employer filing a petition under
paragraph (1) for nonimmigrant workers described in section
101(a)(15)(H)(ii)(b).
(B) The amount of the fee imposed under subparagraph (A)
shall be $150.
(14)(A) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a substantial failure
to meet any of the conditions of the petition to admit or
otherwise provide status to a nonimmigrant worker under section
101(a)(15)(H)(ii)(b) or a willful misrepresentation of a
material fact in such petition--
(i) the Secretary of Homeland Security may, in
addition to any other remedy authorized by law, impose
such administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per
violation) as the Secretary of Homeland Security
determines to be appropriate; and
(ii) the Secretary of Homeland Security may deny
petitions filed with respect to that employer under
section 204 or paragraph (1) of this subsection during
a period of at least 1 year but not more than 5 years
for aliens to be employed by the employer.
(B) The Secretary of Homeland Security may delegate to the
Secretary of Labor, with the agreement of the Secretary of
Labor, any of the authority given to the Secretary of Homeland
Security under subparagraph (A)(i).
[(C) In determining the level of penalties to be assessed
under subparagraph (A), the highest penalties shall be reserved
for willful failures to meet any of the conditions of the
petition that involve harm to United States workers.]
(C) In determining the level of penalties to be assessed
under subparagraph (A), the highest penalties shall be reserved
for--
(i) willful failures to meet any of the conditions of
the petition that involve harm to United States
workers; and
(ii) willful misrepresentations of the number of
necessary nonimmigrants in an application for temporary
labor certification in support of a petition for
nonimmigrants described in section
101(a)(15)(H)(ii)(b).
(D) In this paragraph, the term ``substantial failure'' means
the willful failure to comply with the requirements of this
section that constitutes a significant deviation from the terms
and conditions of a petition.
(d)(1) A visa shall not be issued under the provisions of
section 101(a)(15)(K)(i) until the consular officer has
received a petition filed in the United States by the fiancee
or fiance of the applying alien and approved by the Secretary
of Homeland Security. The petition shall be in such form and
contain such information as the Secretary of Homeland Security
shall, by regulation, prescribe. Such information shall include
information on any criminal convictions of the petitioner for
any specified crime described in paragraph (3)(B) and
information on any permanent protection or restraining order
issued against the petitioner related to any specified crime
described in paragraph (3)(B)(i). It shall be approved only
after satisfactory evidence is submitted by the petitioner to
establish that the parties have previously met in person within
2 years before the date of filing the petition, have a bona
fide intention to marry, and are legally able and actually
willing to conclude a valid marriage in the United States
within a period of ninety days after the alien's arrival,
except that the Secretary of Homeland Security in his
discretion may waive the requirement that the parties have
previously met in person. In the event the marriage with the
petitioner does not occur within three months after the
admission of the said alien and minor children, they shall be
required to depart from the United States and upon failure to
do so shall be removed in accordance with sections 240 and 241.
(2)(A) Subject to subparagraphs (B) and (C), the Secretary of
Homeland Security may not approve a petition under paragraph
(1) unless the Secretary has verified that--
(i) the petitioner has not, previous to the pending
petition, petitioned under paragraph (1) with respect
to two or more applying aliens; and
(ii) if the petitioner has had such a petition
previously approved, 2 years have elapsed since the
filing of such previously approved petition.
(B) The Secretary of Homeland Security may, in the
Secretary's discretion, waive the limitations in subparagraph
(A) if justification exists for such a waiver. Except in
extraordinary circumstances and subject to subparagraph (C),
such a waiver shall not be granted if the petitioner has a
record of violent criminal offenses against a person or
persons.
(C)(i) The Secretary of Homeland Security is not limited by
the criminal court record and shall grant a waiver of the
condition described in the second sentence of subparagraph (B)
in the case of a petitioner described in clause (ii).
(ii) A petitioner described in this clause is a petitioner
who has been battered or subjected to extreme cruelty and who
is or was not the primary perpetrator of violence in the
relationship upon a determination that--
(I) the petitioner was acting in self-defense;
(II) the petitioner was found to have violated a
protection order intended to protect the petitioner; or
(III) the petitioner committed, was arrested for, was
convicted of, or pled guilty to committing a crime that
did not result in serious bodily injury and where there
was a connection between the crime and the petitioner's
having been battered or subjected to extreme cruelty.
(iii) In acting on applications under this subparagraph, the
Secretary of Homeland Security shall consider any credible
evidence relevant to the application. The determination of what
evidence is credible and the weight to be given that evidence
shall be within the sole discretion of the Secretary.
(3) In this subsection:
(A) The terms ``domestic violence'', ``sexual
assault'', ``child abuse and neglect'', ``dating
violence'', ``elder abuse'', and ``stalking'' have the
meaning given such terms in section 3 of the Violence
Against Women and Department of Justice Reauthorization
Act of 2005.
(B) The term ``specified crime'' means the following:
(i) Domestic violence, sexual assault, child
abuse and neglect, dating violence, elder
abuse, stalking, or an attempt to commit any
such crime.
(ii) Homicide, murder, manslaughter, rape,
abusive sexual contact, sexual exploitation,
incest, torture, trafficking, peonage, holding
hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal
restraint, false imprisonment, or an attempt to
commit any of the crimes described in this
clause.
(iii) At least three convictions for crimes
relating to a controlled substance or alcohol
not arising from a single act.
(e)(1) Notwithstanding any other provision of this Act, an
alien who is a citizen of Canada and seeks to enter the United
States under and pursuant to the provisions of Annex 1502.1
(United States of America), Part C--Professionals, of the
United States-Canada Free-Trade Agreement to engage in business
activities at a professional level as provided for therein may
be admitted for such purpose under regulations of the Attorney
General promulgated after consultation with the Secretaries of
State and Labor.
(2) An alien who is a citizen of Canada or Mexico, and the
spouse and children of any such alien if accompanying or
following to join such alien, who seeks to enter the United
States under and pursuant to the provisions of Section D of
Annex 1603 of the North American Free Trade Agreement (in this
subsection referred to as ``NAFTA'') to engage in business
activities at a professional level as provided for in such
Annex, may be admitted for such purpose under regulations of
the Attorney General promulgated after consultation with the
Secretaries of State and Labor. For purposes of this Act,
including the issuance of entry documents and the application
of subsection (b), such alien shall be treated as if seeking
classification, or classifiable, as a nonimmigrant under
section 101(a)(15). The admission of an alien who is a citizen
of Mexico shall be subject to paragraphs (3), (4), and (5). For
purposes of this paragraph and paragraphs (3), (4), and (5),
the term ``citizen of Mexico'' means ``citizen'' as defined in
Annex 1608 of NAFTA.
(3) The Attorney General shall establish an annual numerical
limit on admissions under paragraph (2) of aliens who are
citizens of Mexico, as set forth in Appendix 1603.D.4 of Annex
1603 of the NAFTA. Subject to paragraph (4), the annual
numerical limit--
(A) beginning with the second year that NAFTA is in
force, may be increased in accordance with the
provisions of paragraph 5(a) of Section D of such
Annex, and
(B) shall cease to apply as provided for in paragraph
3 of such Appendix.
(4) The annual numerical limit referred to in paragraph (3)
may be increased or shall cease to apply (other than by
operation of paragraph 3 of such Appendix) only if--
(A) the President has obtained advice regarding the
proposed action from the appropriate advisory
committees established under section 135 of the Trade
Act of 1974 (19 U.S.C. 2155);
(B) the President has submitted a report to the
Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives that sets forth--
(i) the action proposed to be taken and the
reasons therefor, and
(ii) the advice obtained under subparagraph
(A);
(C) a period of at least 60 calendar days that begins
on the first day on which the President has met the
requirements of subparagraphs (A) and (B) with respect
to such action has expired; and
(D) the President has consulted with such committees
regarding the proposed action during the period
referred to in subparagraph (C).
(5) During the period that the provisions of Appendix
1603.D.4 of Annex 1603 of the NAFTA apply, the entry of an
alien who is a citizen of Mexico under and pursuant to the
provisions of Section D of Annex 1603 of NAFTA shall be subject
to the attestation requirement of section 212(m), in the case
of a registered nurse, or the application requirement of
section 212(n), in the case of all other professions set out in
Appendix 1603.D.1 of Annex 1603 of NAFTA, and the petition
requirement of subsection (c), to the extent and in the manner
prescribed in regulations promulgated by the Secretary of
Labor, with respect to sections 212(m) and 212(n), and the
Attorney General, with respect to subsection (c).
(6) In the case of an alien spouse admitted under section
101(a)(15)(E), who is accompanying or following to join a
principal alien admitted under such section, the Attorney
General shall authorize the alien spouse to engage in
employment in the United States and provide the spouse with an
``employment authorized'' endorsement or other appropriate work
permit.
(f)(1) Except as provided in paragraph (3), no alien shall be
entitled to nonimmigrant status described in section
101(a)(15)(D) if the alien intends to land for the purpose of
performing service on board a vessel of the United States (as
defined in section 2101(46) of title 46, United States Code) or
on an aircraft of an air carrier (as defined in section
40102(a)(2) of title 49, United States Code) during a labor
dispute where there is a strike or lockout in the bargaining
unit of the employer in which the alien intends to perform such
service.
(2) An alien described in paragraph (1)--
(A) may not be paroled into the United States
pursuant to section 212(d)(5) unless the Attorney
General determines that the parole of such alien is
necessary to protect the national security of the
United States; and
(B) shall be considered not to be a bona fide crewman
for purposes of section 252(b).
(3) Paragraph (1) shall not apply to an alien if the air
carrier or owner or operator of such vessel that employs the
alien provides documentation that satisfies the Attorney
General that the alien--
(A) has been an employee of such employer for a
period of not less than 1 year preceding the date that
a strike or lawful lockout commenced;
(B) has served as a qualified crewman for such
employer at least once in each of 3 months during the
12-month period preceding such date; and
(C) shall continue to provide the same services that
such alien provided as such a crewman.
(g)(1) The total number of aliens who may be issued visas or
otherwise provided nonimmigrant status during any fiscal year
(beginning with fiscal year 1992)--
(A) under section 101(a)(15)(H)(i)(b), may not
exceed--
(i) 65,000 in each fiscal year before fiscal
year 1999;
(ii) 115,000 in fiscal year 1999;
(iii) 115,000 in fiscal year 2000;
(iv) 195,000 in fiscal year 2001;
(v) 195,000 in fiscal year 2002;
(vi) 195,000 in fiscal year 2003; and
(vii) 65,000 in each succeeding fiscal year;
or
(B) under section 101(a)(15)(H)(ii)(b) may not exceed
66,000.
(2) The numerical limitations of paragraph (1) shall only
apply to principal aliens and not to the spouses or children of
such aliens.
(3) Aliens who are subject to the numerical limitations of
paragraph (1) shall be issued visas (or otherwise provided
nonimmigrant status) in the order in which petitions are filed
for such visas or status. If an alien who was issued a visa or
otherwise provided nonimmigrant status and counted against the
numerical limitations of paragraph (1) is found to have been
issued such visa or otherwise provided such status by fraud or
willfully misrepresenting a material fact and such visa or
nonimmigrant status is revoked, then one number shall be
restored to the total number of aliens who may be issued visas
or otherwise provided such status under the numerical
limitations of paragraph (1) in the fiscal year in which the
petition is revoked, regardless of the fiscal year in which the
petition was approved.
(4) In the case of a nonimmigrant described in section
101(a)(15)(H)(i)(b), the period of authorized admission as such
a nonimmigrant may not exceed 6 years.
(5) The numerical limitations contained in paragraph (1)(A)
shall not apply to any nonimmigrant alien issued a visa or
otherwise provided status under section 101(a)(15)(H)(i)(b)
who--
(A) is employed (or has received an offer of
employment) at an institution of higher education (as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a))), or a related or
affiliated nonprofit entity;
(B) is employed (or has received an offer of
employment) at a nonprofit research organization or a
governmental research organization; or
(C) has earned a master's or higher degree from a
United States institution of higher education (as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a)), until the number of aliens
who are exempted from such numerical limitation during
such year exceeds 20,000.
(6) Any alien who ceases to be employed by an employer
described in paragraph (5)(A) shall, if employed as a
nonimmigrant alien described in section 101(a)(15)(H)(i)(b),
who has not previously been counted toward the numerical
limitations contained in paragraph (1)(A), be counted toward
those limitations the first time the alien is employed by an
employer other than one described in paragraph (5).
(7) Any alien who has already been counted, within the 6
years prior to the approval of a petition described in
subsection (c), toward the numerical limitations of paragraph
(1)(A) shall not again be counted toward those limitations
unless the alien would be eligible for a full 6 years of
authorized admission at the time the petition is filed. Where
multiple petitions are approved for 1 alien, that alien shall
be counted only once.
(8)(A) The agreements referred to in section
101(a)(15)(H)(i)(b1) are--
(i) the United States-Chile Free Trade Agreement; and
(ii) the United States-Singapore Free Trade
Agreement.
(B)(i) The Secretary of Homeland Security shall establish
annual numerical limitations on approvals of initial
applications by aliens for admission under section
101(a)(15)(H)(i)(b1).
(ii) The annual numerical limitations described in clause (i)
shall not exceed--
(I) 1,400 for nationals of Chile (as defined in
article 14.9 of the United States-Chile Free Trade
Agreement) for any fiscal year; and
(II) 5,400 for nationals of Singapore (as defined in
Annex 1A of the United States-Singapore Free Trade
Agreement) for any fiscal year.
(iii) The annual numerical limitations described in clause
(i) shall only apply to principal aliens and not to the spouses
or children of such aliens.
(iv) The annual numerical limitation described in paragraph
(1)(A) is reduced by the amount of the annual numerical
limitations established under clause (i). However, if a
numerical limitation established under clause (i) has not been
exhausted at the end of a given fiscal year, the Secretary of
Homeland Security shall adjust upwards the numerical limitation
in paragraph (1)(A) for that fiscal year by the amount
remaining in the numerical limitation under clause (i). Visas
under section 101(a)(15)(H)(i)(b) may be issued pursuant to
such adjustment within the first 45 days of the next fiscal
year to aliens who had applied for such visas during the fiscal
year for which the adjustment was made.
(C) The period of authorized admission as a nonimmigrant
under section 101(a)(15)(H)(i)(b1) shall be 1 year, and may be
extended, but only in 1-year increments. After every second
extension, the next following extension shall not be granted
unless the Secretary of Labor had determined and certified to
the Secretary of Homeland Security and the Secretary of State
that the intending employer has filed with the Secretary of
Labor an attestation under section 212(t)(1) for the purpose of
permitting the nonimmigrant to obtain such extension.
(D) The numerical limitation described in paragraph (1)(A)
for a fiscal year shall be reduced by one for each alien
granted an extension under subparagraph (C) during such year
who has obtained 5 or more consecutive prior extensions.
(9)(A) Subject to subparagraphs (B) and (C), an alien [who
has already been counted toward the numerical limitation of
paragraph (1)(B) during fiscal year 2013, 2014, or 2015 shall
not again be counted toward such limitation during fiscal year
2016.] shall not be counted toward the numerical limitation of
paragraph (1)(B) for a fiscal year if that alien already has
been counted toward such limitation during one or both of the 2
fiscal years immediately preceding that fiscal year. Such an
alien shall be considered a returning worker.
(B) A petition to admit or otherwise provide status under
section 101(a)(15)(H)(ii)(b) shall include, with respect to a
returning worker--
(i) all information and evidence that the Secretary
of Homeland Security determines is required to support
a petition for status under section
101(a)(15)(H)(ii)(b);
(ii) the full name of the alien; and
(iii) a certification to the Department of Homeland
Security that the alien is a returning worker.
(C) An H-2B visa or grant of nonimmigrant status for a
returning worker shall be approved only if the alien is
confirmed to be a returning worker by--
(i) the Department of State; or
(ii) if the alien is visa exempt or seeking to change
to status under section 101 (a)(15)(H)(ii)(b), the
Department of Homeland Security.
[(10) The numerical limitations of paragraph (1)(B) shall be
allocated for a fiscal year so that the total number of aliens
subject to such numerical limits who enter the United States
pursuant to a visa or are accorded nonimmigrant status under
section 101(a)(15)(H)(ii)(b) during the first 6 months of such
fiscal year is not more than 33,000.]
(10)(A) Subject to subparagraphs (B) through (D), the
numerical limitation of paragraph (1)(B) shall be allocated for
a fiscal year so that the total number of aliens subject to
such numerical limitation who enter the United States pursuant
to a visa, or otherwise are accorded nonimmigrant status, under
section 101(a)(15)(H)(ii)(b) during--
(i) the first quarter of such fiscal year is not more
than 9,900;
(ii) the second quarter of such fiscal year is not
more than 26,400, plus any number not used under clause
(i);
(iii) the third quarter of such fiscal year is not
more than 26,400, plus any number not used under
clauses (i) and (ii); and
(iv) the fourth quarter of such fiscal year is not
more than 3,300, plus any number not used under clauses
(i) through (iii).
(B) Notwithstanding subparagraph (A), the Secretary of
Homeland Security, after making a determination based on demand
from previous fiscal years that a change in the allocations
under such subparagraph is necessary and appropriate, may
modify such allocations.
(C) With respect to each quarter of a fiscal year, the
Secretary of Labor shall accept applications for temporary
labor certification in support of petitions for nonimmigrants
described in section 101(a)(15)(H)(ii)(b) only during a one-
week period to be selected by such Secretary, and shall not
finally approve any of such applications during any such week.
(D) With respect to each quarter of a fiscal year, the
Secretary of Labor shall approve temporary labor certifications
in support of petitions for nonimmigrants described in section
101(a)(15)(H)(ii)(b) in a manner that will result in all
employers that have timely submitted an approvable application
being able to fill an equal (or approximately equal) percentage
of the number of requested positions.
(11)(A) The Secretary of State may not approve a number of
initial applications submitted for aliens described in section
101(a)(15)(E)(iii) that is more than the applicable numerical
limitation set out in this paragraph.
(B) The applicable numerical limitation referred to in
subparagraph (A) is 10,500 for each fiscal year.
(C) The applicable numerical limitation referred to in
subparagraph (A) shall only apply to principal aliens and not
to the spouses or children of such aliens.
(h) The fact that an alien is the beneficiary of an
application for a preference status filed under section 204 or
has otherwise sought permanent residence in the United States
shall not constitute evidence of an intention to abandon a
foreign residence for purposes of obtaining a visa as a
nonimmigrant described in subparagraph (H)(i)(b) or (c), (L),
or (V) of section 101(a)(15) or otherwise obtaining or
maintaining the status of a nonimmigrant described in such
subparagraph, if the alien had obtained a change of status
under section 248 to a classification as such a nonimmigrant
before the alien's most recent departure from the United
States.
(i)(1) Except as provided in paragraph (3), for purposes of
section 101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and
paragraph (2), the term ``specialty occupation'' means an
occupation that requires--
(A) theoretical and practical application of a body
of highly specialized knowledge, and
(B) attainment of a bachelor's or higher degree in
the specific specialty (or its equivalent) as a minimum
for entry into the occupation in the United States.
(2) For purposes of section 101(a)(15)(H)(i)(b), the
requirements of this paragraph, with respect to a specialty
occupation, are--
(A) full state licensure to practice in the
occupation, if such licensure is required to practice
in the occupation,
(B) completion of the degree described in paragraph
(1)(B) for the occupation, or
(C)(i) experience in the specialty equivalent to the
completion of such degree, and (ii) recognition of
expertise in the specialty through progressively
responsible positions relating to the specialty.
(3) For purposes of section 101(a)(15)(H)(i)(b1), the term
``specialty occupation'' means an occupation that requires--
(A) theoretical and practical application of a body
of specialized knowledge; and
(B) attainment of a bachelor's or higher degree in
the specific specialty (or its equivalent) as a minimum
for entry into the occupation in the United States.
(j)(1) Notwithstanding any other provision of this Act, an
alien who is a citizen of Canada or Mexico who seeks to enter
the United States under and pursuant to the provisions of
Section B, Section C, or Section D of Annex 1603 of the North
American Free Trade Agreement, shall not be classified as a
nonimmigrant under such provisions if there is in progress a
strike or lockout in the course of a labor dispute in the
occupational classification at the place or intended place of
employment, unless such alien establishes, pursuant to
regulations promulgated by the Attorney General, that the
alien's entry will not affect adversely the settlement of the
strike or lockout or the employment of any person who is
involved in the strike or lockout. Notice of a determination
under this paragraph shall be given as may be required by
paragraph 3 of article 1603 of such Agreement. For purposes of
this paragraph, the term ``citizen of Mexico'' means
``citizen'' as defined in Annex 1608 of such Agreement.
(2) Notwithstanding any other provision of this Act except
section 212(t)(1), and subject to regulations promulgated by
the Secretary of Homeland Security, an alien who seeks to enter
the United States under and pursuant to the provisions of an
agreement listed in subsection (g)(8)(A), and the spouse and
children of such an alien if accompanying or following to join
the alien, may be denied admission as a nonimmigrant under
subparagraph (E), (L), or (H)(i)(b1) of section 101(a)(15) if
there is in progress a labor dispute in the occupational
classification at the place or intended place of employment,
unless such alien establishes, pursuant to regulations
promulgated by the Secretary of Homeland Security after
consultation with the Secretary of Labor, that the alien's
entry will not affect adversely the settlement of the labor
dispute or the employment of any person who is involved in the
labor dispute. Notice of a determination under this paragraph
shall be given as may be required by such agreement.
(k)(1) The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year
may not exceed 200. The number of aliens who may be provided a
visa as nonimmigrants under section 101(a)(15)(S)(ii) in any
fiscal year may not exceed 50.
(2) The period of admission of an alien as such a
nonimmigrant may not exceed 3 years. Such period may not be
extended by the Attorney General.
(3) As a condition for the admission, and continued stay in
lawful status, of such a nonimmigrant, the nonimmigrant--
(A) shall report not less often than quarterly to the
Attorney General such information concerning the
alien's whereabouts and activities as the Attorney
General may require;
(B) may not be convicted of any criminal offense
punishable by a term of imprisonment of 1 year or more
after the date of such admission;
(C) must have executed a form that waives the
nonimmigrant's right to contest, other than on the
basis of an application for withholding of removal, any
action for removal of the alien instituted before the
alien obtains lawful permanent resident status; and
(D) shall abide by any other condition, limitation,
or restriction imposed by the Attorney General.
(4) The Attorney General shall submit a report annually to
the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate concerning--
(A) the number of such nonimmigrants admitted;
(B) the number of successful criminal prosecutions or
investigations resulting from cooperation of such
aliens;
(C) the number of terrorist acts prevented or
frustrated resulting from cooperation of such aliens;
(D) the number of such nonimmigrants whose admission
or cooperation has not resulted in successful criminal
prosecution or investigation or the prevention or
frustration of a terrorist act; and
(E) the number of such nonimmigrants who have failed
to report quarterly (as required under paragraph (3))
or who have been convicted of crimes in the United
States after the date of their admission as such a
nonimmigrant.
(l)(1) In the case of a request by an interested State
agency, or by an interested Federal agency, for a waiver of the
2-year foreign residence requirement under section 212(e) on
behalf of an alien described in clause (iii) of such section,
the Attorney General shall not grant such waiver unless--
(A) in the case of an alien who is otherwise
contractually obligated to return to a foreign country,
the government of such country furnishes the Director
of the United States Information Agency with a
statement in writing that it has no objection to such
waiver;
(B) in the case of a request by an interested State
agency, the grant of such waiver would not cause the
number of waivers allotted for that State for that
fiscal year to exceed 30;
(C) in the case of a request by an interested Federal
agency or by an interested State agency--
(i) the alien demonstrates a bona fide offer
of full-time employment at a health facility or
health care organization, which employment has
been determined by the Attorney General to be
in the public interest; and
(ii) the alien agrees to begin employment
with the health facility or health care
organization within 90 days of receiving such
waiver, and agrees to continue to work for a
total of not less than 3 years (unless the
Attorney General determines that extenuating
circumstances exist, such as closure of the
facility or hardship to the alien, which would
justify a lesser period of employment at such
health facility or health care organization, in
which case the alien must demonstrate another
bona fide offer of employment at a health
facility or health care organization for the
remainder of such 3-year period); and
(D) in the case of a request by an interested Federal
agency (other than a request by an interested Federal
agency to employ the alien full-time in medical
research or training) or by an interested State agency,
the alien agrees to practice primary care or specialty
medicine in accordance with paragraph (2) for a total
of not less than 3 years only in the geographic area or
areas which are designated by the Secretary of Health
and Human Services as having a shortage of health care
professionals, except that--
(i) in the case of a request by the
Department of Veterans Affairs, the alien shall
not be required to practice medicine in a
geographic area designated by the Secretary;
(ii) in the case of a request by an
interested State agency, the head of such State
agency determines that the alien is to practice
medicine under such agreement in a facility
that serves patients who reside in one or more
geographic areas so designated by the Secretary
of Health and Human Services (without regard to
whether such facility is located within such a
designated geographic area), and the grant of
such waiver would not cause the number of the
waivers granted on behalf of aliens for such
State for a fiscal year (within the limitation
in subparagraph (B)) in accordance with the
conditions of this clause to exceed 10; and
(iii) in the case of a request by an
interested Federal agency or by an interested
State agency for a waiver for an alien who
agrees to practice specialty medicine in a
facility located in a geographic area so
designated by the Secretary of Health and Human
Services, the request shall demonstrate, based
on criteria established by such agency, that
there is a shortage of health care
professionals able to provide services in the
appropriate medical specialty to the patients
who will be served by the alien.
(2)(A) Notwithstanding section 248(a)(2), the
Attorney General may change the status of an alien who
qualifies under this subsection and section 212(e) to
that of an alien described in section
101(a)(15)(H)(i)(b). The numerical limitations
contained in subsection (g)(1)(A) shall not apply to
any alien whose status is changed under the preceding
sentence, if the alien obtained a waiver of the 2-year
foreign residence requirement upon a request by an
interested Federal agency or an interested State
agency.
(B) No person who has obtained a change of status
under subparagraph (A) and who has failed to fulfill
the terms of the contract with the health facility or
health care organization named in the waiver
application shall be eligible to apply for an immigrant
visa, for permanent residence, or for any other change
of nonimmigrant status, until it is established that
such person has resided and been physically present in
the country of his nationality or his last residence
for an aggregate of at least 2 years following
departure from the United States.
(3) Notwithstanding any other provision of this
subsection, the 2-year foreign residence requirement
under section 212(e) shall apply with respect to an
alien described in clause (iii) of such section, who
has not otherwise been accorded status under section
101(a)(27)(H), if--
(A) at any time the alien ceases to comply
with any agreement entered into under
subparagraph (C) or (D) of paragraph (1); or
(B) the alien's employment ceases to benefit
the public interest at any time during the 3-
year period described in paragraph (1)(C).
(m)(1) An alien may not be accorded status as a nonimmigrant
under clause (i) or (iii) of section 101(a)(15)(F) in order to
pursue a course of study--
(A) at a public elementary school or in a publicly
funded adult education program; or
(B) at a public secondary school unless--
(i) the aggregate period of such status at
such a school does not exceed 12 months with
respect to any alien, and (ii) the alien
demonstrates that the alien has reimbursed the
local educational agency that administers the
school for the full, unsubsidized per capita
cost of providing education at such school for
the period of the alien's attendance.
(2) An alien who obtains the status of a nonimmigrant under
clause (i) or (iii) of section 101(a)(15)(F) in order to pursue
a course of study at a private elementary or secondary school
or in a language training program that is not publicly funded
shall be considered to have violated such status, and the
alien's visa under section 101(a)(15)(F) shall be void, if the
alien terminates or abandons such course of study at such a
school and undertakes a course of study at a public elementary
school, in a publicly funded adult education program, in a
publicly funded adult education language training program, or
at a public secondary school (unless the requirements of
paragraph (1)(B) are met).
(n)(1) A nonimmigrant alien described in paragraph (2) who
was previously issued a visa or otherwise provided nonimmigrant
status under section 101(a)(15)(H)(i)(b) is authorized to
accept new employment upon the filing by the prospective
employer of a new petition on behalf of such nonimmigrant as
provided under subsection (a). Employment authorization shall
continue for such alien until the new petition is adjudicated.
If the new petition is denied, such authorization shall cease.
(2) A nonimmigrant alien described in this paragraph is a
nonimmigrant alien--
(A) who has been lawfully admitted into the United
States;
(B) on whose behalf an employer has filed a
nonfrivolous petition for new employment before the
date of expiration of the period of stay authorized by
the Attorney General; and
(C) who, subsequent to such lawful admission, has not
been employed without authorization in the United
States before the filing of such petition.
(o)(1) No alien shall be eligible for admission to the United
States under section 101(a)(15)(T) if there is substantial
reason to believe that the alien has committed an act of a
severe form of trafficking in persons (as defined in section
103 of the Trafficking Victims Protection Act of 2000).
(2) The total number of aliens who may be issued visas or
otherwise provided nonimmigrant status during any fiscal year
under section 101(a)(15)(T) may not exceed 5,000.
(3) The numerical limitation of paragraph (2) shall only
apply to principal aliens and not to the spouses, sons,
daughters, siblings, or parents of such aliens.
(4) An unmarried alien who seeks to accompany, or follow to
join, a parent granted status under section 101(a)(15)(T)(i),
and who was under 21 years of age on the date on which such
parent applied for such status, shall continue to be classified
as a child for purposes of section 101(a)(15)(T)(ii), if the
alien attains 21 years of age after such parent's application
was filed but while it was pending.
(5) An alien described in clause (i) of section 101(a)(15)(T)
shall continue to be treated as an alien described in clause
(ii)(I) of such section if the alien attains 21 years of age
after the alien's application for status under such clause (i)
is filed but while it is pending.
(6) In making a determination under section
101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements
from State and local law enforcement officials that the alien
has complied with any reasonable request for assistance in the
investigation or prosecution of crimes such as kidnapping,
rape, slavery, or other forced labor offenses, where severe
forms of trafficking in persons (as defined in section 103 of
the Trafficking Victims Protection Act of 2000) appear to have
been involved, shall be considered.
(7)(A) Except as provided in subparagraph (B), an alien who
is issued a visa or otherwise provided nonimmigrant status
under section 101(a)(15)(T) may be granted such status for a
period of not more than 4 years.
(B) An alien who is issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(T) may extend the
period of such status beyond the period described in
subparagraph (A) if--
(i) a Federal, State, or local law enforcement
official, prosecutor, judge, or other authority
investigating or prosecuting activity relating to human
trafficking or certifies that the presence of the alien
in the United States is necessary to assist in the
investigation or prosecution of such activity;
(ii) the alien is eligible for relief under section
245(l) and is unable to obtain such relief because
regulations have not been issued to implement such
section; or
(iii) the Secretary of Homeland Security determines
that an extension of the period of such nonimmigrant
status is warranted due to exceptional circumstances.
(C) Nonimmigrant status under section 101(a)(15)(T) shall be
extended during the pendency of an application for adjustment
of status under section 245(l).
(p) Requirements Applicable to Section 101(a)(15)(U) Visas.--
(1) Petitioning procedures for section 101(a)(15)(u)
visas.--The petition filed by an alien under section
101(a)(15)(U)(i) shall contain a certification from a
Federal, State, or local law enforcement official,
prosecutor, judge, or other Federal, State, or local
authority investigating criminal activity described in
section 101(a)(15)(U)(iii). This certification may also
be provided by an official of the Service whose ability
to provide such certification is not limited to
information concerning immigration violations. This
certification shall state that the alien ``has been
helpful, is being helpful, or is likely to be helpful''
in the investigation or prosecution of criminal
activity described in section 101(a)(15)(U)(iii).
(2) Numerical limitations.--
(A) The number of aliens who may be issued
visas or otherwise provided status as
nonimmigrants under section 101(a)(15)(U) in
any fiscal year shall not exceed 10,000.
(B) The numerical limitations in subparagraph
(A) shall only apply to principal aliens
described in section 101(a)(15)(U)(i), and not
to spouses, children, or, in the case of alien
children, the alien parents of such children.
(3) Duties of the attorney general with respect to
``u'' visa nonimmigrants.--With respect to nonimmigrant
aliens described in subsection (a)(15)(U)--
(A) the Attorney General and other government
officials, where appropriate, shall provide
those aliens with referrals to nongovernmental
organizations to advise the aliens regarding
their options while in the United States and
the resources available to them; and
(B) the Attorney General shall, during the
period those aliens are in lawful temporary
resident status under that subsection, provide
the aliens with employment authorization.
(4) Credible evidence considered.--In acting on any
petition filed under this subsection, the consular
officer or the Attorney General, as appropriate, shall
consider any credible evidence relevant to the
petition.
(5) Nonexclusive relief.--Nothing in this subsection
limits the ability of aliens who qualify for status
under section 101(a)(15)(U) to seek any other
immigration benefit or status for which the alien may
be eligible.
(6) Duration of status.--The authorized period of
status of an alien as a nonimmigrant under section
101(a)(15)(U) shall be for a period of not more than 4
years, but shall be extended upon certification from a
Federal, State, or local law enforcement official,
prosecutor, judge, or other Federal, State, or local
authority investigating or prosecuting criminal
activity described in section 101(a)(15)(U)(iii) that
the alien's presence in the United States is required
to assist in the investigation or prosecution of such
criminal activity. The Secretary of Homeland Security
may extend, beyond the 4-year period authorized under
this section, the authorized period of status of an
alien as a nonimmigrant under section 101(a)(15)(U) if
the Secretary determines that an extension of such
period is warranted due to exceptional circumstances.
Such alien's nonimmigrant status shall be extended
beyond the 4-year period authorized under this section
if the alien is eligible for relief under section
245(m) and is unable to obtain such relief because
regulations have not been issued to implement such
section and shall be extended during the pendency of an
application for adjustment of status under section
245(m). The Secretary may grant work authorization to
any alien who has a pending, bona fide application for
nonimmigrant status under section 101(a)(15)(U).
(7) Age determinations.--
(A) Children.--An unmarried alien who seeks
to accompany, or follow to join, a parent
granted status under section 101(a)(15)(U)(i),
and who was under 21 years of age on the date
on which such parent petitioned for such
status, shall continue to be classified as a
child for purposes of section
101(a)(15)(U)(ii), if the alien attains 21
years of age after such parent's petition was
filed but while it was pending.
(B) Principal aliens.--An alien described in
clause (i) of section 101(a)(15)(U) shall
continue to be treated as an alien described in
clause (ii)(I) of such section if the alien
attains 21 years of age after the alien's
application for status under such clause (i) is
filed but while it is pending.
(q)(1) In the case of a nonimmigrant described in section
101(a)(15)(V)--
(A) the Attorney General shall authorize the alien to
engage in employment in the United States during the
period of authorized admission and shall provide the
alien with an ``employment authorized'' endorsement or
other appropriate document signifying authorization of
employment; and
(B) the period of authorized admission as such a
nonimmigrant shall terminate 30 days after the date on
which any of the following is denied:
(i) The petition filed under section 204 to
accord the alien a status under section
203(a)(2)(A) (or, in the case of a child
granted nonimmigrant status based on
eligibility to receive a visa under section
203(d), the petition filed to accord the
child's parent a status under section
203(a)(2)(A)).
(ii) The alien's application for an immigrant
visa pursuant to the approval of such petition.
(iii) The alien's application for adjustment
of status under section 245 pursuant to the
approval of such petition.
(2) In determining whether an alien is eligible to be
admitted to the United States as a nonimmigrant under section
101(a)(15)(V), the grounds for inadmissibility specified in
section 212(a)(9)(B) shall not apply.
(3) The status of an alien physically present in the United
States may be adjusted by the Attorney General, in the
discretion of the Attorney General and under such regulations
as the Attorney General may prescribe, to that of a
nonimmigrant under section 101(a)(15)(V), if the alien--
(A) applies for such adjustment;
(B) satisfies the requirements of such section; and
(C) is eligible to be admitted to the United States,
except in determining such admissibility, the grounds
for inadmissibility specified in paragraphs (6)(A),
(7), and (9)(B) of section 212(a) shall not apply.
(r)(1) A visa shall not be issued under the provisions of
section 101(a)(15)(K)(ii) until the consular officer has
received a petition filed in the United States by the spouse of
the applying alien and approved by the Attorney General. The
petition shall be in such form and contain such information as
the Attorney General shall, by regulation, prescribe. Such
information shall include information on any criminal
convictions of the petitioner for any specified crime described
in paragraph (5)(B) and information on any permanent protection
or restraining order issued against the petitioner related to
any specified crime described in subsection (5)(B)(i).
(2) In the case of an alien seeking admission under section
101(a)(15)(K)(ii) who concluded a marriage with a citizen of
the United States outside the United States, the alien shall be
considered inadmissible under section 212(a)(7)(B) if the alien
is not at the time of application for admission in possession
of a valid nonimmigrant visa issued by a consular officer in
the foreign state in which the marriage was concluded.
(3) In the case of a nonimmigrant described in section
101(a)(15)(K)(ii), and any child of such a nonimmigrant who was
admitted as accompanying, or following to join, such a
nonimmigrant, the period of authorized admission shall
terminate 30 days after the date on which any of the following
is denied:
(A) The petition filed under section 204 to accord
the principal alien status under section
201(b)(2)(A)(i).
(B) The principal alien's application for an
immigrant visa pursuant to the approval of such
petition.
(C) The principal alien's application for adjustment
of status under section 245 pursuant to the approval of
such petition.
(4)(A) The Secretary of Homeland Security shall create a
database for the purpose of tracking multiple visa petitions
filed for fiance(e)s and spouses under clauses (i) and (ii) of
section 101(a)(15)(K). Upon approval of a second visa petition
under section 101(a)(15)(K) for a fiance(e) or spouse filed by
the same United States citizen petitioner, the petitioner shall
be notified by the Secretary that information concerning the
petitioner has been entered into the multiple visa petition
tracking database. All subsequent fiance(e) or spouse
nonimmigrant visa petitions filed by that petitioner under such
section shall be entered in the database.
(B)(i) Once a petitioner has had two fiance(e) or spousal
petitions approved under clause (i) or (ii) of section
101(a)(15)(K), if a subsequent petition is filed under such
section less than 10 years after the date the first visa
petition was filed under such section, the Secretary of
Homeland Security shall notify both the petitioner and
beneficiary of any such subsequent petition about the number of
previously approved fiance(e) or spousal petitions listed in
the database.
(ii) To notify the beneficiary as required by clause (i), the
Secretary of Homeland Security shall provide such notice to the
Secretary of State for inclusion in the mailing to the
beneficiary described in section 833(a)(5)(A)(i) of the
International Marriage Broker Regulation Act of 2005 (8 U.S.C.
1375a(a)(5)(A)(i)).
(5) In this subsection:
(A) The terms ``domestic violence'', ``sexual
assault'', ``child abuse and neglect'', ``dating
violence'', ``elder abuse'', and ``stalking'' have the
meaning given such terms in section 3 of the Violence
Against Women and Department of Justice Reauthorization
Act of 2005.
(B) The term ``specified crime'' means the following:
(i) Domestic violence, sexual assault, child
abuse and neglect, dating violence, elder
abuse, stalking, or an attempt to commit any
such crime.
(ii) Homicide, murder, manslaughter, rape,
abusive sexual contact, sexual exploitation,
incest, torture, trafficking, peonage, holding
hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal
restraint, false imprisonment, or an attempt to
commit any of the crimes described in this
clause.
(iii) At least three convictions for crimes
relating to a controlled substance or alcohol
not arising from a single act.
* * * * * * *
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CHINESE STUDENT PROTECTION ACT OF 1992
* * * * * * *
SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN
NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Subject to subsection (c)(1), whenever an
alien described in subsection (b) applies for adjustment of
status under section 245 of the Immigration and Nationality Act
during the application period (as defined in [subsection (e))]
subsection (d)) the following rules shall apply with respect to
such adjustment:
(1) The alien shall be deemed to have had a petition
approved under section 204(a) of such Act for
classification under section 203(b)(3)(A)(i) of such
Act.
(2) The application shall be considered without
regard to whether an immigrant visa number is
immediately available at the time the application is
filed.
(3) In determining the alien's admissibility as an
immigrant, and the alien's eligibility for an immigrant
visa--
(A) paragraphs (5) and (7)(A) of section
212(a) and section 212(e) of such Act shall not
apply; and
(B) the Attorney General may waive any other
provision of section 212(a) (other than
paragraph (2)(C) and subparagraph (A), (B),
(C), or (E) of paragraph (3)) of such Act with
respect to such adjustment for humanitarian
purposes, for purposes of assuring family
unity, or if otherwise in the public interest.
(4) The numerical level of section 202(a)(2) of such
Act shall not apply.
(5) Section 245(c) of such Act shall not apply.
(b) Aliens Covered.--For purposes of this section, an alien
described in this subsection is an alien who--
(1) is a national of the People's Republic of China
described in section 1 of Executive Order No. 12711 as
in effect on April 11, 1990;
(2) has resided continuously in the United States
since April 11, 1990 (other than brief, casual, and
innocent absences); and
(3) was not physically present in the People's
Republic of China for longer than 90 days after such
date and before the date of the enactment of this Act.
(c) Condition; Dissemination of Information.--
(1) Not applicable if safe return permitted.--
Subsection (a) shall not apply to any alien if the
President has determined and certified to Congress,
before the first day of the application period, that
conditions in the People's Republic of China permit
aliens described in subsection (b)(1) to return to that
foreign state in safety.
(2) Dissemination of information.--If the President
has not made the certification described in paragraph
(1) by the first day of the application period, the
Attorney General shall, subject to the availability of
appropriations, immediately broadly disseminate to
aliens described in subsection (b)(1) information
respecting the benefits available under this section.
To the extent practicable, the Attorney General shall
provide notice of these benefits to the last known
mailing address of each such alien.
[(d) Offset in Per Country Numerical Level.--
[(1) In general.--The numerical level under section
202(a)(2) of the Immigration and Nationality Act
applicable to natives of the People's Republic of China
in each applicable fiscal year (as defined in paragraph
(3)) shall be reduced by 1,000.
[(2) Allotment if section 202(e) applies.--If section
202(e) of the Immigration and Nationality Act is
applied to the People's Republic of China in an
applicable fiscal year, in applying such section--
[(A) 300 immigrant visa numbers shall be
deemed to have been previously issued to
natives of that foreign state under section
203(b)(3)(A)(i) of such Act in that year, and
[(B) 700 immigrant visa numbers shall be
deemed to have been previously issued to
natives of that foreign state under section
203(b)(5) of such Act in that year.
[(3) Applicable fiscal year.--
[(A) In general.--In this subsection, the
term ``applicable fiscal year'' means each
fiscal year during the period--
[(i) beginning with the fiscal year
in which the application period begins;
and
[(ii) ending with the first fiscal
year by the end of which the cumulative
number of aliens counted for all fiscal
years under subparagraph (B) equals or
exceeds the total number of aliens
whose status has been adjusted under
section 245 of the Immigration and
Nationality Act pursuant to subsection
(a).
[(B) Number counted each year.--The number
counted under this subparagraph for a fiscal
year (beginning during or after the application
period) is 1,000, plus the number (if any) by
which (i) the immigration level under section
202(a)(2) of the Immigration and Nationality
Act for the People's Republic of China in the
fiscal year (as reduced under this subsection),
exceeds (ii) the number of aliens who were
chargeable to such level in the year.
[(e)] (d) Application Period Defined.--In this section, the
term ``application period'' means the 12-month period beginning
July 1, 1993.
Compliance With Rule XIII, Clause 3(f)(1)
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 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
executive management for operations and support, including
funds for official reception and representation expenses.
Management Directorate
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 for funds for
procurement, construction, and improvements.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development.
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, and 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 as well as certain confidential
operational expenses, including the payment of informants.
Administrative Provisions
Language regarding grants or contracts awarded by means
other than full and open competition and requires the Inspector
General to review them and report the results to the
Committees.
Language requiring the Secretary to link all contracts that
provide award fees to successful acquisition outcomes.
Language requiring the Secretary, in conjunction with the
Secretary of Treasury, to notify the Committees of any proposed
transfers from the Department of Treasury Forfeiture Fund to
any agency at DHS.
Language related to official costs of the Secretary and
Deputy Secretary.
Language requiring the Secretary to submit reports on visa
overstay data and to post border security metrics on its
website.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
OPERATIONS AND SUPPORT
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; Harbor
Maintenance Fee collections; official reception and
representation expenses; Customs User Fee collections; payment
of rental space in connection with preclearance operations; and
compensation of informants. 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
procurements to buy, maintain, or operate aircraft and unmanned
aircraft systems.
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; and paid apprenticeships for the Human
Exploitation Rescue Operations Corps. The 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.
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.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development.
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; small boats; repairs and service life-replacements;
purchase, lease, or improvement of other equipment; special pay
allowances; recreation and welfare; and defense-related
activities.The Committee includes language authorizing funds to
be derived from the Oil Spill Liability Trust Fund.
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.
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.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
The Committee includes language providing funds for
environmental compliance and restoration of Coast Guard
properties.
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; 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.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development.
Administrative Provisions
Language regarding overtime compensation.
Language allowing CBP to sustain or increase operations in
Puerto Rico.
Language regarding the availability of COBRA fee revenue.
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 funds from being used by DHS to
approve, license, facilitate, authorize, or allow the
trafficking or import of property confiscated by the Cuban
Government.
Language allowing the Secretary to reprogram funds within
and transfer funds to ``U.S. Immigration and Customs
Enforcement--Operations and Support'' to ensure the detention
of aliens prioritized for removal.
Language prohibiting the use of funds provided under the
heading ``U.S. Immigration and Customs Enforcement--Operations
and Support'' for the 287(g) program if the terms of the
agreement governing the delegation of authority have been
materially violated.
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 a facility
receives less than ``adequate'' ratings in two consecutive
performance evaluations.
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 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''.
Language directing the Coast Guard to submit a future-years
capital investment plan.
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 allowing 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 Appropriation.
Language directing the submission of an expenditure plan
for funds within ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements,'' and prohibiting
the obligation of funds without prior approval of the plan from
the Committees on Appropriations of the Senate and the House of
Representatives.
Language providing an additional $1,000,000 to ``Coast
Guard--Operations and Support''.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
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.
FEDERAL PROTECTIVE SERVICE
The Committee includes language making funds available
until expended for the operations of the Federal Protective
Service.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development.
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.
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; predisaster mitigation; flood hazard
mapping and risk analysis; emergency food and shelter;
education, training, exercises, and technical assistance; and
other programs.
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 limiting expenses for administration of grants.
Language specifying timeframes for grant applications and
awards.
Language requiring five day advance notification for
certain grant awards under ``FEMA--Federal Assistance''.
Language providing the availability of certain grant funds
for the installation of communications towers.
Language requiring the submission of the monthly Disaster
Relief Fund report.
Language permitting waivers from requirements of section 34
of the Federal Fire Prevention and Control Act of 1974.
Language providing for the receipt and expenditure of fees
collected for the Radiological Emergency Preparedness Program,
as authorized by Public Law 105-276.
Language prohibiting the denial of continued rental
assistance to an individual or a household on the basis of
income.
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.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language making funds available for
the E-Verify program for procurement, construction, and
improvements.
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 pursuit
vehicles. The Committee provides two-year availability of funds
for certain 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.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development.
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.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development.
FEDERAL ASSISTANCE
The Committee includes language providing funds for federal
assistance through grants, contracts, cooperative agreements,
and other activities.
Administrative Provisions
Language allowing USCIS to acquire, operate, equip, and
dispose of up to five vehicles under certain scenarios.
Language prohibiting USCIS from granting immigration
benefits unless the results of background checks are completed
prior to the granting of the benefit and the results do not
preclude the granting of the benefit.
Language limiting the use of A-76 competitions by USCIS.
Language making immigration examination fee collections
explicitly available for immigrant integration grants, not to
exceed $10,000,000, in fiscal year 2019.
Language authorizing FLETC to distribute funds for incurred
training expenses. Language 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.
Language establishing a ``Federal Law Enforcement Training
Centers--Procurement, Construction, and Improvements'' account
for fiscal year 2019, and allowing for the acceptance of
transfers from other government agencies into this account.
Language classifying FLETC instructor staff as inherently
governmental for certain considerations.
Language allowing for the sale of federal property and
assets on Plum Island, New York, in a manner consistent with
standard federal asset disposition.
TITLE V--GENERAL PROVISIONS
Language limiting the availability of appropriations to one
year unless otherwise expressly provided.
Language that unexpended balances of prior year
appropriations may be merged with new appropriation accounts
and used for the same purpose, subject to reprogramming
guidelines.
Language limiting authority to reprogram funds within an
appropriation above a specified threshold unless the Department
provides notification to the Committees on Appropriations of
the Senate and the House of Representatives at least 15 days in
advance; and providing authority to transfer not more than 5
percent between appropriations accounts, 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.
Language prohibiting funds appropriated or otherwise made
available to the Department to make payment to the Working
Capital Fund (WCF), except for activities and amounts allowed
in the President's fiscal year 2019 budget request. Funds
provided to the WCF are available until expended. The
Department can only charge components for direct usage of the
WCF and these funds may be used only for the purposes
consistent with the WCF uses of 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 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 PPA. In addition, the Department shall submit
quarterly WCF execution reports to the Committees that include
activity-level detail.
Language providing that not to exceed 50 percent of
unobligated balances from prior year appropriations for each
Operations and Support appropriation shall remain available
through fiscal year 2020, subject to section 503 reprogramming
requirements.
Language that deems intelligence activities to be
specifically authorized during fiscal year 2019 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2019.
Language 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; 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. Notifications shall include a
description of projects or activities to be funded and their
location, including city, county, and state.
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 that consolidates 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.
Language prohibiting funds for planning, testing, piloting,
or developing a national identification card.
Language 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.
Language prohibiting the use of funds for the transfer or
release of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, into or within the United States.
Language prohibiting funds in this Act to be used for
first-class travel.
Language prohibiting the use of funds to employ illegal
workers as described in Section 274A(h)(3) of the Immigration
and Nationality Act.
Language 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.
Language prohibiting the use of funds to enter into a
federal contract unless the contract meets 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 DHS computer systems to block electronic
access to pornography, except for law enforcement purposes.
Language regarding the transfer of firearms by federal law
enforcement personnel.
Language regarding funding restrictions and reporting
requirements 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 under Operations and Support appropriations.
Language related to the Arms Trade Treaty.
Language to authorize DHS to fund, out of existing
discretionary appropriations, the expenses of primary and
secondary schooling of eligible dependents in areas and
territories that meet certain criteria.
Language providing an additional $41,000,000 for ``Federal
Emergency Management Agency--Federal Assistance'' to reimburse
extraordinary law enforcement personnel overtime costs for
protection activities directly and demonstrably associated with
a residence of the President that is designated for protection.
Language permitting Members of Congress access to detention
facilities for oversight purposes.
Language prohibiting the detention or removal of Deferred
Action for Childhood Arrivals participants who also serve or
served in the U.S. Armed Forces.
Language prohibiting funds to be used to pay for or
facilitate an abortion for individuals in ICE custody except in
certain circumstances.
Language amends the Stafford Act (42 U.S.C. 4174) to
increase access for rental assistance following declared
national disasters.
Language extending disaster unemployment assistance by one
year for disaster declarations for hurricanes Maria and Irma.
Language amending the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(a)) to extend eligibility to
agricultural work without regard to the seasonality of the
labor.
Language restoring a two-year ``look back'' within the H-2B
seasonal guest worker visa program; exempting a certain number
of return workers from the overall cap; and establishing a
system to allow a proportional number of visas for businesses
when there is a higher demand for visas than the total number
authorized.
Language prohibiting funding to deny certain Native
American tribal members the right to cross the U.S.-Canada
border.
Language providing flexibility under the FEMA public
assistance statute of limitations.
Language removing per-country limits for employment-based
immigrants; and increasing the per-country numerical limitation
for family based immigrants.
Language transferring $95,000,000 for the procurement
activities for a twelfth National Security Cutter from prior
year ``Science and Technology Directorate--Research and
Development'' unobligated balances.
Language prohibiting the use of funds to release certain
criminal alien detainees from federal custody.
Language prohibiting the implementation of USCIS Policy
Memo 602-0162 and the memorandum from the Principal Legal
Advisor on Litigating Domestic Violence-Based Persecution
Claims Following Matter of A-B.
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 the sexual abuse or assault of detainees
in custody.
Language prohibiting the use of funds for the removal of
noncitizens who are DACA recipients.
Language specifying the amount by which new budget
authority in the bill is less than the fiscal year 2019 budget
allocation.
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:
COMPARISON WITH BUDGET RESOLUTION
Section 308(a)(1)(A) of the Congressional Budget Act
requires the report accompanying a bill providing new budget
authority to contain a statement comparing the levels in the
bill to the suballocations submitted under section 302(b) of
the Act for the most recently agreed to concurrent resolution
on the budget for the applicable fiscal year. That information
is provided in the table headed ``Comparison of Reported Bill
to Section 302(b) Suballocation.''
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) allocation This bill
---------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
General Purpose Discretionary............................... 58,087 59,384 58,095 \1\59,406
Mandatory................................................... 1,740 1,736 1,740 1,736
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
FIVE YEAR OUTLAY PROJECTIONS
In compliance with section 308(a)(1)(B) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the following table contains five-year projections
associated with the budget authority provided in the
accompanying bill:
Millions
Budget Authority:
Outlays:
2019................................................ \1\$31,896
2020................................................ 9,967
2021................................................ 7,631
2022................................................ 2,629
2023 and future years............................... 5,515
\1\Excludes outlays from prior-year budget authority.
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
In accordance with section 308(a)(1)(C) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the financial assistance to State and local
governments is as follows:
Millions
Budget Authority........................................ $6,939
Fiscal Year 2019 outlays resulting therefrom............ \1\613
\1\Excludes outlays from prior-year budget authority.
PROGRAM DUPLICATION
No provision of this bill establishes or reauthorizes a
program of the Federal Government know 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.
DIRECTED RULE MAKING
Neither the bill nor report contain any provision that
specifically directs the promulgation or completion of a rule.
DETAILED EXPLANATIONS IN REPORT
The following table contains detailed funding
recommendations at the program, project, and activity (PPA)
level.
MINORITY VIEWS
The allocation for the fiscal year 2019 Homeland Security
Appropriations bill is $51,435,000,000, an increase of
$3,712,000,000 above fiscal year 2018. This 7.8 percent
increase--on top of a 12.5 percent increase for fiscal year
2018--contrasts with flat funding in other Non-Defense
appropriations bills. Such a large relative increase for the
Homeland bill is particularly unjustified when considering how
the entirety of the increase has been allocated.
FUNDING PRIORITIES
The bill addresses several bipartisan and Democratic
priorities, including increases for the State Homeland Security
Grant Program and the Urban Areas Security Initiative, along
with level funding for other first responder and anti-terrorism
grants. It also provides an increase for the Office for Civil
Rights and Civil Liberties, including a targeted increase for
continued oversight of immigration enforcement and DHS
partnerships with state and local law enforcement agencies. In
addition, the bill continues the Cybersecurity Internship
Program; provides additional funding for Immigration and
Customs Enforcement (ICE) investigations into child
exploitation; supports new health screening services for
unaccompanied minors; re-establishes the Family Case Management
Program; and restores funding for Research and Development at
the Science and Technology Directorate, including funding for
the University Centers of Excellence at the fiscal year 2018
level.
IMMIGRATION ENFORCEMENT
While there is much in this bill that Democrats can
support, the good is outweighed by the harm that would result
from the bill's support for an average daily population (ADP)
in ICE detention of 44,000, an increase of 3,480 from the
current year and 10,000 above fiscal year 2016. The bill would
also support the hiring of 304 additional Enforcement and
Removal officers at ICE focused primarily on furthering the
Trump Administration's overly aggressive interior enforcement
strategy.
The Administration has claimed that its more aggressive
enforcement approach in the interior of the United States is
critically important to the national security and public safety
of the country. While there is certainly no disagreement that
we should be removing dangerous individuals, ICE is targeting
the parents of unaccompanied children who cross the southern
border to seek asylum. It is targeting people who have lived,
worked, and paid taxes in this country for years, or even
decades with no criminal infractions.
ICE arrests of non-criminals increased by 147 percent in
fiscal year 2017 compared to the prior year, and made up 26
percent of all arrests. These arrests are not required for
national security or public safety, and have tragic
consequences for individuals, families, and communities all
over this country. Law enforcement officials continue to tell
us that people are afraid to report serious crimes, including
acts of domestic violence, and are less willing to come forward
as witnesses to crimes because they fear being arrested by ICE.
Teachers continue to tell us that their students, often
regardless of immigration status, are afraid to go to school or
leave their homes to play for fear their parents will be gone
when they return. The trauma being inflicted on entire
communities throughout our country cannot be overstated.
Representatives Barbara Lee and Jose Serrano offered an
amendment to prohibit ICE and Customs and Border Protection
(CBP) from detaining people at sensitive locations, including
schools and churches. The amendment was rejected by all
Committee Republicans, allowing federal immigration officials
to jeopardize the relationships of local law enforcement
agencies with immigrant communities.
Given that being in this country illegally is a civil
violation, why would we choose to fund such excessive
immigration enforcement over activities to combat real
terrorist and criminal threats? Comprehensive immigration
reform--combining strong enforcement with a path to legal
status for many who are already living in the United States--is
the only solution to this problem. For years, however, the
Majority has blocked bipartisan efforts to fix it.
We have a moral, as well as legal, responsibility when it
comes to immigration enforcement. Just as other law enforcement
agencies have discretion, ICE too can utilize discretion to
enforce our immigration laws fairly and justly. Existing
resources, used wisely, are sufficient for addressing the
threat posed by criminal aliens who are truly dangerous.
Unfortunately, the Committee majority rejected an amendment
by Representative David Price that would have prohibited ICE
from following Trump Administration guidance that has almost
entirely limited the use of such discretion, with significant
costs to taxpayers and immigrant communities. The majority also
rejected an amendment to reduce ICE's ADP for fiscal year 2019
to the current year level, which would have helped constrain
the more indiscriminate enforcement practices ICE has followed
under the current administration.
BORDER INFRASTRUCTURE
Another major area of great concern is the $4,873,696,000
in the bill for new border infrastructure, compared to a budget
request of only $1,600,000,000. There is no evidence that the
benefits of such infrastructure come close to justifying the
expense, which ranges between $25 and $32 million per mile, a
cost that does not even take into account future year
maintenance requirements.
One reason given to justify this exorbitant cost is that
the border fencing is needed to stop the flow of dangerous,
illegal drugs, including opioids that are plaguing our
communities and burdening our healthcare system. However, the
vast majority of hard drugs come across our border at the ports
of entry, not between the ports where fencing would be
constructed.
While we note that the bill does make smart investments in
port of entry inspection technology, we should be doing much
more in lieu of border fencing, and there are also other more
urgent priorities--in this bill and others--in which we should
be investing taxpayer dollars.
CONCEDING THE ARCTIC
Missing entirely from the Committee-reported bill is the
$750,000,000 proposed by the Coast Guard for acquisition of the
first new heavy icebreaker since the Polar Sea was commissioned
in 1978, forty years ago.
The Navy has delegated to the Coast Guard the primary
responsibility for defending our national security interests in
the Arctic. To effectively fulfill that responsibility, the
Coast Guard must have heavy icebreakers capable of being armed
with advanced weaponry. In fact, a 2017 report from the
National Academies of Science recommended that the Coast Guard
procure at least four heavy icebreakers. We cannot afford any
further delay.
The Russian icebreaker fleet consists of more than 27
icebreakers, four of which are heavy, with additional
icebreakers under construction. China, which is thousands of
nautical miles away from the Arctic, has three icebreakers. The
United States currently has a seagoing icebreaker fleet of
merely two functioning vessels, only one of which is a heavy
icebreaker capable of operating in deep ice.
That ship, the Polar Star, is 42 years old, which is well
past its 30-year expected operational life. It is not reliable
and the cost to maintain it continues to rise. Currently, its
primary mission is clearing a path through the ice to our
research facilities in Antarctica. As a result, the United
States has little to no presence in the Arctic for months at a
time. The Polar Star is expected to function for only three to
seven years more, after which the United States would be
without any heavy icebreaking capability.
By some estimates the Arctic holds 20 percent of the
Earth's natural resources. Access to the polar region is vital
to the United States national security, search and rescue
capability, economic interests, environmental stewardship
responsibilities, and maritime mobility requirements. If
Congress fails to appropriate the Coast Guard's requested
funding for fiscal year 2019, it will be unable to award a
contract for shipbuilding, as planned, during the coming year
and the procurement schedule will be significantly delayed.
Making matters even worse, industry partners that may want to
bid on a contract to construct new icebreakers may
understandably begin to question the commitment of the federal
government, and as a result may either refrain from bidding or
build the cost of that additional risk into their bids.
An amendment offered by Subcommittee Ranking Member Lucille
Roybal-Allard to provide the Coast Guard's fiscal year 2019
request for a heavy icebreaker was rejected by the Majority.
The ostensible reason for this rejection was that the offset
would have reduced funding for new border fencing from
$4,873,696,000 to $4,123,696, which would have translated into
30 fewer miles of fencing.
UNMET FUNDING PRIORITIES
Instead of unjustified investments in border infrastructure
and the expansion of overly aggressive immigration enforcement,
we should invest more of our limited resources in cyber
security, human trafficking investigations, and a range of
Coast Guard vessels and aircraft, as our current drug
interdiction efforts intercept only a fraction of the drugs
that are being trafficked in the Caribbean Sea and Eastern
Pacific Ocean. We should invest even more in new customs
officers and research and technology and should restore funding
for TSA's Law Enforcement Officer Reimbursement Program and
Visible Intermodal Prevention and Response teams.
PROTECTING THE VULNERABLE
It is unfortunate that the Majority rejected a number of
Democratic amendments designed to protect vulnerable
immigrants, including an amendment to prohibit the detention of
pregnant women, except under extraordinary circumstances; an
amendment by Representative Debbie Wasserman Schultz to
prohibit the detention of children by ICE for more than 20
days; and an amendment by Committee Ranking Member Nita Lowey
and Representative David Price that would have prevented the
removal of individuals from countries with current Temporary
Protected Status designations that the Administration has
announced it will not further renew.
However, we were pleased that the Committee adopted an
amendment offered by Representative David Price to reverse the
recent decision by the Attorney General to significantly narrow
the criteria under which individuals and families can make
asylum claims. We were also heartened by the adoption of two
amendments by Representative Pete Aguilar to prohibit ICE from
removing Deferred Action for Childhood Arrivals (DACA)
participants, in light of reports that some individuals with
DACA, including those who have served in the military, have
already been removed from the country. These amendments simply
ensure that ICE is following the administration's stated policy
that DACA participants in good standing will not be removed.
However, this is no substitute for providing Dreamers with
permanent legal status and a clear path to citizenship. The
Speaker should bring the bipartisan Uniting and Securing
America Act to the House floor for consideration without
further delay.
CONCLUSION
We want to extend our appreciation for the efforts of the
subcommittee Chairman and his staff to work collaboratively
with the minority throughout the development of this bill,
including the incorporation of many minority language requests
into the Committee report. Even in the midst of significant
differences on several funding priorities and policy
directions, the subcommittee continues to provide important
oversight of the Department's activities while ensuring that
its more than 240,000 personnel have the resources they need to
successfully carry out the Department's important missions.
Nita M. Lowey.
Lucille Roybal-Allard.