[House Report 113-481] [From the U.S. Government Publishing Office] 113th Congress } { Report HOUSE OF REPRESENTATIVES 2d Session } { 113-481 ====================================================================== DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2015 _______ June 19, 2014.--Committed to the Committee of the Whole House on the state of the Union and ordered to be printed _______ Mr. Carter of Texas, from the Committee on Appropriations, submitted the following R E P O R T together with ADDITIONAL VIEWS [To accompany H.R. 4903] 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, 2015. INDEX TO BILL AND REPORT Page number Bill Report TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS Office of the Secretary and Executive Management... 2 7 Office of the Under Secretary for Management....... 3 19 DHS Headquarters Consolidation..................... -- 22 Office of the Chief Financial Officer.............. 4 23 Office of the Chief Information Officer............ 4 27 Analysis and Operations............................ 5 29 Office of Inspector General........................ 5 30 TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS U.S. Customs and Border Protection................. 6 32 Salaries and Expenses...................... 6 34 Automation Modernization................... 7 43 Border Security Fencing, Infrastructure, and Technology......................... 8 43 Air and Marine Operations.................. 8 45 Construction and Facilities Management..... 9 48 U.S. Immigration and Customs Enforcement........... 10 49 Salaries and Expenses...................... 10 50 Automation Modernization................... 13 59 Construction............................... -- 59 Transportation Security Administration............. 13 60 Aviation Security.......................... 13 60 Surface Transportation Security............ 18 70 Intelligence and Vetting................... 18 71 Transportation Security Support............ 18 73 Federal Air Marshals....................... 18 74 Coast Guard........................................ 20 74 Operating Expenses......................... 20 74 Environmental Compliance and Restoration... 22 77 Reserve Training........................... 22 77 Acquisition, Construction, and Improvements 22 78 Research, Development, Test, and Evaluation 27 82 Medicare Eligible Retiree Health Care Fund Contribution........................... -- 82 Retired Pay................................ 28 82 United States Secret Service....................... 28 83 Salaries and Expenses...................... 28 83 Acquisition, Construction, Improvements, and Related Expenses................... 32 86 TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY National Protection and Programs Directorate....... 33 87 Management and Administration.............. 33 87 Infrastructure Protection and Information Security............................... 33 88 Federal Protective Service................. 33 94 Office of Biometric Identity Management.... 34 95 Office of Health Affairs........................... 34 96 Federal Emergency Management Agency................ 35 98 Salaries and Expenses...................... 35 98 State and Local Programs................... 36 100 Firefighter Assistance Grants.............. 39 103 Emergency Management Performance Grants.... 39 104 Radiological Emergency Preparedness Program 40 104 United States Fire Administration.......... 40 104 Disaster Relief Fund....................... 41 105 Flood Hazard Mapping and Risk Analysis..... 46 107 National Flood Insurance Fund.............. 46 108 National Predisaster Mitigation Fund....... 48 109 Emergency Food and Shelter................. 48 110 TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES United States Citizenship and Immigration Services. 49 110 Federal Law Enforcement Training Center............ 50 113 Salaries and Expenses...................... 50 113 Acquisitions, Construction, Improvements, and Related Expenses................... 51 113 Science and Technology............................. 52 114 Management and Administration.............. 52 114 Research, Development, Acquisition, and Operations............................. 52 114 Domestic Nuclear Detection Office.................. 53 119 Management and Administration.............. 53 119 Research, Development, and Operations...... 54 119 Systems Acquisition........................ 54 120 TITLE V--GENERAL PROVISIONS This Act........................................... 0 121 Compliance with House Rules................ 0 132 Tables..................................... 0 152 Summary of the Total Bill.................. 0 00 The accompanying bill contains recommendations for new budget (obligational) authority for fiscal year 2015 for the Department of Homeland Security (DHS). The following table summarizes these recommendations and reflects comparisons with the budget, as amended, and with amounts appropriated to date for fiscal year 2014: [In thousands of dollars] ---------------------------------------------------------------------------------------------------------------- Budget House compared with New budget estimates of ------------------------------- (obligational) new Title authority, (obligational) Recommended by New budget Budget fiscal year authority, the House authority, estimate, 2014 fiscal year fiscal year fiscal year 2015 2014 2015 ---------------------------------------------------------------------------------------------------------------- Title I: Departmental Management $1,037,448 $1,171,749 $966,727 -$70,721 -$205,022 and Operations................. Title II: Security, Enforcement, 32,336,840 31,404,277 32,540,463 +203,623 +1,261,560 and Investigations............. Title III: Protection, 11,578,190 12,048,420 12,340,236 +762,046 +291,816 Preparedness, Response, and Recovery....................... Title IV: Research, Development, 1,878,086 1,770,591 1,801,308 -76,778 +30,717 Training, and Services......... Title V: General Provisions..... -474,178 -49,000 -540,315 -66,137 -491,315 ------------------------------------------------------------------------------- Grand Total................. 46,356,386 46,346,037 47,108,419 +752,033 +887,756 ------------------------------------------------------------------------------- Total, Net Discretionary.... $39,270,000 $38,332,244 $39,220,000 -$50,000 +$887,756 ---------------------------------------------------------------------------------------------------------------- Note: The above amounts are discretionary only and do not include OCO/GWOT funding. References The Committee report refers to the Implementing Recommendations of the 9/11 Commission Act of 2007, Public Law 110-53, as the 9/11 Act. References to the ``Committees'' refers to the Committees on Appropriations of the House of Representatives and the Senate, unless otherwise noted. The Committee also refers to ``full-time equivalent'' positions as ``FTE''; ``Program, Project, Activity'' line items as ``PPA''; the ``Office of Management and Budget'' as ``OMB''; and the ``Government Accountability Office'' as ``GAO''. Summary of Major Recommendations in the Bill The Committee recommends $39,220,000,000 in discretionary funding for DHS for fiscal year 2015, +$887,756,000, or +2.32 percent, above the amount requested and -$50,000,000, or -0.13 percent, below fiscal year 2014 enacted levels (when excluding requested, but unauthorized increases to fee collections). Funding for the Coast Guard's support of the Global War on Terrorism/Overseas Contingency Operations is not included in the bill nor is it addressed in any way by the Committee in this report since the President has yet to submit a request for such funds. The Committee does not include requested funding for increases to civilian pay; should the President provide a civilian pay increase for 2015, it is assumed that the cost of such a pay increase will be absorbed within other amounts appropriated for fiscal year 2015. The President's Fiscal Year 2015 Budget Request for the Department of Homeland Security As proposed to Congress, the President's budget request for fiscal year 2015 would result in the following reductions as compared to fiscal year 2014 enacted levels:A reduction of -3,461 detention beds, or a -10.2 percent reduction to U.S. Immigration and Customs Enforcement's (ICE) detention capacity; A -2 percent reduction to ICE's investigative capacity; A nearly -18 percent reduction to ICE's transportation capacity; A reduction of -12 percent to U.S. Customs and Border Protection's (CBP) Air and Marine Operations, including a more than -30 percent reduction to flight hours; A reduction of approximately -483 Coast Guard military billets; multiple, accelerated decommissionings of operational assets; and an estimated -27 percent reduction in Coast Guard recapitalization programs; A reduction of -$294.5 million, or -13.2 percent, to the Federal Emergency Management Agency's (FEMA) first responder grants; and An abrupt end to the Department's support for investigations into missing and exploited children. Beyond these proposed resource reductions, further analysis reveals that the President's fiscal year 2015 budget request for DHS would have the following performance impacts: The lowest level of drug interdiction effectiveness in the past five years; The inability of the Coast Guard to fulfill its patrol boat mission requirements; A substantial reduction in operating capabilities of CBP aviation assets along our borders and coastlines; An inability of ICE to sustain detention capacity, which also prevents ICE from fully complying with statutory mandates to detain criminal immigration law violators and detaining all other aliens in removal proceedings who are likely to abscond or pose threats to community safety; A significant deterioration of ICE's capacity to investigate severe transnational crimes, such as illegal weapons exportation, narcotics trafficking, human trafficking and smuggling, intellectual property theft, and cyber crime, including child exploitation; No explicitly requested resources to address the dramatic increase of unaccompanied alien children (UACs) transiting the Southwest border (which, according to both DHS and the Department of Health and Human Services, is up ten-fold since 2011 and is estimated to exceed 66,000 children in fiscal year 2014 and 145,000 children in fiscal year 2015); and No investigative or financial support to long-standing, authorized programs that address missing and exploited children. In sum, the fiscal year 2015 budget request for DHS proposes to not only reduce the current resources of the Department's most critical frontline components, but also to substantially and perhaps irreparably diminish the long-term security and enforcement capabilities of our Nation. For the fourth consecutive year, the Committee categorically rejects yet another flawed DHS budget request from the current Administration. Priorities in the Bill This fiscal year 2015 appropriations bill for DHS reallocates scarce funding towards our Nation's security priorities and rectifies the President's ill-considered and imbalanced budget proposal for the Department. The funding recommendations and oversight requirements contained in this bill and report are intended to prioritize operations and frontline staffing to rectify the Administration's repeated, proposed reductions to border security, border enforcement, immigration enforcement, maritime security, state and local preparedness, and counternarcotics capabilities. Therefore, the bill is constructed upon four principles: Providing sufficient resources to support essential mission requirements; Compelling fiscal discipline and efficiency; Administering greater oversight and accountability; and Instilling long overdue reforms. In particular, the bill includes targeted increases directly related to current threats, including recent domestic and international security events. These increases above the request include: A more than +$471 million enhancement to ICE resources to overcome proposed, but unjustified, reductions and enable the agency to fulfill its mission of enforcing our Nation's customs and immigration laws, including increases above the request to the following: fugitive operations, visa overstay investigations and enforcement, detention capacity, investigative operations, 287(g) training, legal proceedings, and necessary transportation capabilities related to detainees and unaccompanied alien children; A more than +$297.5 million increase to Coast Guard operations and recapitalization resources to enable the agency to adequately perform its statutory missions and substantially address unfunded priorities. This increase above the request is primarily targeted at restoring the Coast Guard's counternarcotics and interdiction capabilities; A +$50 million increase in border security technology for immediate, substantial enhancement of situational awareness along the Southwest border, primarily targeted toward areas associated with the greatest threats and highest number of border incursions; A +$79.2 million increase to CBP's Office of Air and Marine to provide immediate enhancements in support of the Border Patrol's border security and interdiction operations; and Restoration of $294.5 million to FEMA's first responder grants to sustain the amount provided in fiscal year 2014. In addition, the bill further supports essential security activities by: Highlighting the critical, cross-cutting functionality of the Air and Marine Operations Center (AMOC); Restoring the proposed reductions to the Secret Service's investigative operations, including the investigations of cyber crimes and support for the prevention of child exploitation; Adding $5.0 million for additional Transportation Security Administration (TSA) canine enforcement teams, fully funding the training pipeline for canine teams through fiscal year 2016; Fully funding all viable cybersecurity activities, including federal network security and deployment; Fully funding the Department's efforts to consolidate and categorize disparate classified and unclassified data to maximize information sharing while ensuring appropriate access controls and privacy protections; Continuing to fully fund E-Verify; and Fully funding the completion of the National Bio- and Agro-Defense Facility (NBAF). FISCAL DISCIPLINE The Committee rejects any false ``tradeoff'' between security and spending restraint. The Committee's recommendations are intended to require the Department to make informed investment decisions with scarce resources and limited overhead, which will ultimately deliver better capabilities and improved security results. The Committee will not tolerate programs that are underperforming or failing to achieve required outcomes, which is why the bill makes responsible and targeted reductions to programs that are not producing results. Moreover, the Committee makes recommendations to instill fiscal discipline at DHS over the long term by rejecting poorly justified aspects of the budget request; substantially reducing bureaucratic overhead through no less than a 15 percent reduction in the Department's administrative offices; and requiring the Department to revisit costly acquisitions to ensure better value to taxpayers. The bill also compels the Department to more clearly link funding requests to mission requirements and to provide a better accounting of results before seeking additional funding for programs with a questionable or deficient track record. OVERSIGHT The bill includes decisive action to improve accountability, including the explicit reduction of funds from the Department's managerial and administrative offices due to the submittal of deficient budget justification materials and the failure of the Department's leadership to submit all statutorily required reports due at the time of the President's fiscal year 2015 budget proposal. The Department has been repeatedly late in responding to congressional direction and the Committee can no longer tolerate such poor responsiveness and failure to comply with the law. The investment plans, obligation and expenditure plans, reports, and justifications outlined by the Committee are essential for supporting the Department's mission and living up to the exacting standards of fiscal responsibility demanded by the taxpayers. By flouting congressional requirements, the Department is effectively disregarding the taxpayers' right to see whether their scarce dollars are spent wisely. Additional reductions to Departmental components are recommended to demonstrate the seriousness of compliance and to compel DHS leadership to develop greater responsiveness to statutory requirements and congressional requests. For fiscal year 2015, the Committee recommends continuation of major reforms put in place since fiscal year 2012, and also recommends new actions to streamline and strengthen the Department. The bill rejects the unauthorized reform proposal for FEMA's first responder grants submitted in the budget, and instead the Committee recommends continuing existing reforms and placing emphasis upon federal dollars being allocated to states and localities facing the greatest risks. The Committee maintains its stringent oversight of FEMA's Disaster Relief Fund by continuing annual and monthly reporting and information dissemination requirements. The Committee continues to press reform of inefficient budgeting for Coast Guard acquisitions by aligning funding to requirements based on the fiscal year of need. Furthermore, the Committee recommends better alignment between mission and budget for specific Department functions, such as CBP's flight hour program, rationalization of pay for ICE Enforcement and Removal Officers performing similar functions, and continued reform of biometric identity management efforts, including compliance with statutory requirements on biometric exit. CONCLUSION The Committee's intention with this bill, in contrast to the wholly inadequate budget request, is to prioritize funding for frontline security operations. Therefore, the Committee designed the bill to enable DHS to rapidly and aggressively address current threats; support the rapid, but responsible acquisition of much needed operational capabilities; address long-standing federal computer network security vulnerabilities; compel the Department to set clear and well- reasoned priorities that align to stated mission requirements; and require the Department to practice sound financial and program management that aligns resources to missions and results in improved security. The Committee remains deeply committed to helping the Department confront long-standing and emergent homeland security threats, and sincerely appreciates the hard work and dedication of the thousands of agents, officers, Coast Guard military personnel, watchstanders, and mission support staff who make it their business every day to enforce federal laws, work to keep the Nation safe from terrorist threats, and improve the Nation's resiliency to disasters. TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS Office of the Secretary and Executive Management Appropriation, fiscal year 2014....................... $122,350,000 Budget request, fiscal year 2015...................... 128,769,000 Recommended in the bill............................... 100,493,000 Bill compared with: Appropriation, fiscal year 2014................... -21,857,000 Budget request, fiscal year 2015.................. -28,276,000 Mission The mission of the Office of the Secretary and Executive Management (OSEM) is to provide efficient leadership and services to DHS and to support the Department's efforts to achieve its strategic goals, as outlined in the Quadrennial Homeland Security Review. Recommendation The Committee recommends $100,493,000 for OSEM, $28,276,000 below the amount requested and $21,857,000 below the amount provided in fiscal year 2014. This includes no more than $40,000 for official representation and reception allowances, $5,000 below the request. Unless otherwise noted, funding recommendations include reductions needed to offset significant shortfalls in the President's budget request for DHS due to: (1) assumed increases in aviation passenger fee collections that have yet to be authorized and that are not under the jurisdiction of the Committee on Appropriations; (2) detrimental, unjustified proposals to severely reduce the Department's essential frontline operations; and (3) the repeated failure to comply with statutory requirements. In addition, the reductions reflect Committee dissatisfaction with inconsistent or incomplete responses by the Department to the Committee's requests for factual information, as specifically noted elsewhere in this report. Due to the Department's chronic, unacceptable delays in submitting statutorily required reports and plans, the Committee recommends none of the requested restorations to prior year reductions, specifically recommends no funding for the Office of Legislative Affairs (OLA), and recommends constraining the entire appropriation to below current levels. The Committee notes that as of 60 days after the submission of the President's budget request, the Department still has not submitted several statutorily required reports and plans that were due with the submission of the budget proposal. The Committee will not tolerate the Department's repeated failures to comply with the law and will not reconsider reductions to OSEM, or a restoration for funding to support OLA, until the Department complies with all statutory requirements and submits a responsible budget proposal that adequately supports essential mission requirements for frontline operations. The Committee recommends the following funding levels for each sub-office as follows: ------------------------------------------------------------------------ Budget Estimate Recommended ------------------------------------------------------------------------ Immediate Office of the Secretary. $3,950,000 $3,583,000 Immediate Office of the Deputy 1,751,000 1,583,000 Secretary........................ Office of the Chief of Staff...... 2,112,000 1,875,000 Executive Secretary............... 7,719,000 6,510,000 Office of Policy.................. 38,470,000 26,998,000 Office of Public Affairs.......... 8,741,000 7,640,000 Office of Legislative Affairs..... 5,583,000 - - - Office of Intergovernmental 2,429,000 1,904,000 Affairs.......................... Office of General Counsel......... 21,310,000 16,726,000 Office for Civil Rights and Civil 22,003,000 22,000,000 Liberties........................ Citizenship and Immigration 6,428,000 4,662,000 Services Ombudsman............... Privacy Officer................... 8,273,000 7,012,000 ------------------------------------- Total......................... $128,769,000 $100,493,000 ------------------------------------------------------------------------ Office of Policy The Committee recommends $26,998,000 for the Office of Policy, $11,472,000 below the amount requested and $9,502,000 below the amount provided in fiscal year 2014. The Committee expects the Office of Policy to serve as the Department's central location for establishing, tracking progress of, and implementing DHS strategic planning and policy guidance across the entire spectrum of homeland security missions. Regrettably, it is apparent to the Committee that the Office of Policy, as it is currently configured, is failing to meet such a standard. Information recently provided to the Committee from the Office of Policy regarding border security, enforcement activities, and human smuggling and trafficking has failed to meet the Committee's requirements for timeliness, accuracy, and completeness. Therefore, in addition to other specified reductions noted above, the budget for the Office of Policy is reduced below the request by $3,000,000. This reduction shall be proportionally applied to the Office of International Affairs (OIA) and the Office of Policy Integration and Implementation. The Committee understands the Department is conducting a review of the Office of Policy's structure and attempting to implement reforms to enable the office to be more mission- oriented and responsive. The Committee strongly supports these internal oversight efforts and believes they may correct the deficiencies noted in the preceding paragraph. The Department is directed to keep the Committee informed of its reform efforts for the Office of Policy and to provide an updated expenditure plan for the current fiscal year should the Office be re-organized prior to the end of fiscal year 2015. The Office of Policy shall submit its fiscal year 2016 plan for obligation and expenditure in accordance with the requirement for a Department-wide plan for obligation and expenditure contained within Title V of this Act. This obligation and expenditure plan shall include and clearly display the $3,000,000 reduction directed above. In addition, to improve oversight of operations and priorities of the Office of Policy, the Committee directs the Department to report not later than December 1, 2014, on fiscal year 2014 travel by political employees of the Office of Policy, listing the following information per trip: dates, destinations, purpose, costs, mode of travel, and the purpose and total number of government personnel accompanying the political appointees. The Committee directs the Department to ensure that the Office of Policy is a full participant in interagency discussions on visa policy matters, consistent with DHS authorities. Office of International Affairs The Committee directs OIA to continue to include explicit costs and locations of all DHS secondment positions within the annual budget request and denies the use of funding for any further secondment positions in fiscal year 2015. This funding restriction is not meant to hamper best practice exchanges. Office of Public Affairs The Committee directs the Office of Public Affairs to clearly post on the DHS website all Departmental activities related to the ''If You See Something, Say Something''TM campaign. This posting shall include the associated costs of all such activities. Office for Civil Rights and Civil Liberties The Committee recommends $22,000,000 for the Office for Civil Rights and Civil Liberties (OCRCL), of which $2,394,000 is for necessary oversight of Secure Communities and the 287(g) program. OCRCL shall submit its plan for obligation and expenditure in accordance with the requirement for a Department-wide plan for obligation and expenditure contained within Title V of this Act and, within that plan, shall document its planned expenses related to funding specified for oversight of Secure Communities and the 287(g) program. OCRCL shall provide to the Committee, upon request, copies of memoranda or other reports making recommendations to DHS components. OCRCL shall ensure that all individuals whose complaints are investigated by OCRCL receive information, as appropriate, regarding the outcome of their complaints, including findings of fact, findings of law, and remedies available, within 30 days of completion of the investigation. In fiscal year 2014, the Congress directed OCRCL, in conjunction with the DHS Privacy Officer, to conduct a joint review of CBP efforts to ensure the use of unmanned aircraft systems complies with all existing laws and applicable privacy and civil liberty standards. The Committee is disappointed by the failure to submit this report as directed. The Department shall provide the required report not later than July 15, 2014. Unaccompanied Alien Children The Committee is extremely concerned about the escalating and seemingly uncontrollable phenomenon of UACs transiting the Southwest border. According to data provided by CBP and ICE, DHS encountered approximately 6,600 UACs along the Southwest border in fiscal year 2011. In fiscal year 2014, the number of UACs transiting the border is expected to surpass 66,000, and the projection for fiscal year 2015 is more than 145,000 unaccompanied children. The Committee believes this issue demands vigorous Department-wide engagement by all relevant operational components and the Office of Policy, as well as a whole-of-government approach given the necessary diplomatic involvement of the Department of State and the legal obligations of the Office of Refugee Resettlement within the Department of Health and Human Services (HHS-ORR) to care for these children and reunite them with their families. Regrettably, the Committee has found the Administration, and notably the DHS Office of Policy, to be unwilling or unable to fully acknowledge both the resource requirements and the causal factors surrounding these skyrocketing UAC encounters. Not only does this growth suggest an enormously profitable enterprise for transnational criminal organizations that are facilitating the smuggling of UACs, it also represents a true humanitarian crisis whose victims are among the most vulnerable of populations. To make matters worse, CBP and ICE personnel are being increasingly obliged to divert their attention away from their ongoing border enforcement and investigative duties to transport UACs to HHS-ORR locations and to care for these children until such transportation can be arranged. On May 14, 2014, the Secretary declared a Level IV condition of readiness, which means the current flows of UAC border crossings on the Southwest border has exceeded CBP's and ICE's ability to effectively manage such flows with current fiscal year 2014 resources. This declaration was not preceded by a request for the reprogramming of funds to enable the direction of more resources to the problem, as permitted by section 503 of Division F of Public Law 113-76, nor the use of the immigration emergency funding authority contained within section 548 of Division F of Public Law 113-76. Furthermore, the Secretary's announcement did not include a budget amendment or other strategy to correct the glaring funding deficiencies within the ICE and CBP budget proposals to address the anticipated additional expansion of UAC flows for fiscal year 2015. The Committee notes that the Administration failed to properly budget for the expected costs of caring for UACs crossing the Southwest border during fiscal year 2015. The challenge was made more difficult by the untimely submission of a letter by OMB identifying significant additional UAC funding requirements for the coming year, including $166 million required for the Department above the budget request. The OMB letter, which came two days after Subcommittee consideration of the bill, provided no analytical justification and offered no recommendations for offsets within the budget request. As a result, the Committee was forced to find additional reductions throughout the Subcommittee reported bill to help offset the additional funding requirement for UACs. To sufficiently address the resources necessary to manage the estimated flows of UACs in fiscal year 2015, the Subcommittee reported bill recommended $76,900,000 above the request for ICE's transportation costs. However, given the updated information presented to the Committee, the Committee recommends modifying the Subcommittee reported bill, as detailed in the following table, to fully account for the current estimate of necessary costs incurred by both CBP and ICE associated with UACs. Fiscal Year 2015 Shortfall for Costs Associated With UACs -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CBP costs.............................................. ................. $76,942,000 ................. ICE costs.............................................. ................. 87,605,00 ................. ------------------- Total estimated shortfall as of May 30, 2014 (as ................. 164,547,000 ................. provided by DHS OCFO)............................. UAC funding included in Subcommittee-reported bill ................. 76,900,000 ................. (ICE, Transportation)................................. Remaining shortfall (total estimated shortfall less ................. 87,647,000 ................. funding currently included in bill)................... Recommended Offsets (relative to Subcommittee-reported funding levels) Subcommittee Recommended Revised Reported Level Offsets Recommendation -------------------------------------------------------- Office of the Secretary and Executive Management....... 110,493,000 -10,000,000 100,493,000 Under Secretary for Management, Office of the Chief 21,007,000 -2,000,000 19,007,000 Human Capital Officer................................. Under Secretary for Management, Human Resources 7,800,000 -7,800,000 - - - Information Technology................................ Under Secretary for Management, Office of the Chief 29,066,000 -2,000,000 27,066,000 Readiness Support Officer............................. Under Secretary for Management, Nebraska Avenue Complex 4,400,000 -4,400,000 - - - (NAC)................................................. DHS Office of the Chief Financial Officer.............. 44,306,000 -5,000,000 39,306,000 CBP, Headquarters, Management, and Administration...... 1,165,613,000 -5,000,000 1,160,613,000 ICE, Headquarters, Management, and Administration...... 340,430,000 -5,000,000 335,430,000 DHS Financial Systems Modernization.................... 39,500,000 -9,500,000 30,000,000 Recission, FEMA Disaster Relief Fund................... -351,564,000 -36,947,000 -388,511,000 -------------------------------------------------------- Subtotal, recommended offsets...................... ................. -$87,647,000 ................. ---------------------------------------------------------------------------------------------------------------- The Committee asserts that OMB and the Department must approach the spiraling growth of UACs transiting the border holistically and forthrightly in terms of necessary actions to better manage and deter the growing influx as well as the associated costs of such actions. The Committee also believes the Department must improve its budget estimates for known and projected operations and includes a new provision in Title V of this Act requiring DHS to incorporate all projected costs associated with UACs within the budget justification documents that accompany the annual DHS budget request. Finally, the Committee directs the Department to use existing budgetary tools and authorities, as necessary, to sufficiently address this issue in the current fiscal year. The Department shall keep the Committee informed of changes to its UAC inflow estimates and associated costs. ICE Detainers The Committee is troubled by the number of jurisdictions that are not honoring ICE detainers, particularly those refusing to honor detainers on aliens who have been convicted of aggravated felonies or two or more felonies (Level I criminal aliens) and detainers on aliens who have been convicted of at least one felony or three or more misdemeanors (Level II criminal aliens). Not later than 30 days after the date of enactment of this Act, the Department shall disseminate to all federal law enforcement agencies and federal grant making entities within DHS and the Department of Justice (DOJ) all relevant data regarding state and local jurisdictions that are not honoring ICE detainers. Joint Operations The Committee is aware of efforts by the new Departmental leadership to examine and reform joint operations within DHS and with other federal agencies to better leverage security and enforcement capabilities as well as reduce costs. The Committee strongly supports such efforts and believes such joint activity to be one of the fundamental pillars on which DHS was established. The Department is directed to keep the Committee informed on such efforts and to clearly display efficiencies and budgetary savings achieved from any joint operations, as applicable, within required obligation and expenditure plans and budget justification materials. Joint Requirements and Aviation Commonality Currently, the Department's Aviation Governance Board is developing a database for both CBP and Coast Guard that consolidates their respective inventories and data on operations and maintenance for the purpose of determining the viability of whether: (1) similar mission requirements should drive the acquisition of common airframes; and (2) forfeiture or transfer of assets should be treated as acquisitions, subject to the same oversight processes as purchased aircraft-- to include programs with existing waivers from acquisition documentation required in Management Directive 102-01. Building on this initiative, the Committee directs DHS to review joint requirements and the potential to leverage depot level maintenance facilities for use across the Department. Further, the Committee directs the Department to develop a common flying hour program for the Coast Guard and CBP that leverages existing capabilities and models, includes the number of hours and associated costs by asset type and model to attain and maintain readiness and achieve definable mission requirements, and justifies the need for additional assets based on utilization of existing aircraft and potential maintenance issues. The Department shall brief the Committee not later than July 15, 2015, on the status of the joint requirement review and development of a common flying hour program, including timelines for implementation. Operational Resources in the U.S. Caribbean The Committee remains concerned about vulnerabilities in border control and high levels of violent crime occurring in Puerto Rico and the U.S. Virgin Islands. The Committee is especially concerned with the pervasively high homicide rates occurring in the U.S. Caribbean and that such crime is directly linked to the smuggling of illegal narcotics and goods into United States Territories. The Committee recognizes the successes to date of Operation Caribbean Resilience, which is a joint initiative of the Department's component agencies launched in 2012 and expanded in 2013 to disrupt and dismantle criminal organizations in and around Puerto Rico. This initiative entailed a short-term, temporary surge of additional Departmental resources and personnel to Puerto Rico to augment local law enforcement efforts, with the principal contributions coming from ICE's Homeland Security Investigations (HSI). The Committee believes such surge operations should be replicated, as necessary, to stem the flow of contraband into the United States, including Puerto Rico and the U.S. Virgin Islands, and to counter the reach and growth of organized criminal enterprises throughout the Caribbean basin. The Committee directs the Secretary to report to the Committee not later than December 31, 2014, on the Department's plans to address operational needs in the source and transit zones and throughout the Caribbean basin, specifically in and around Puerto Rico and the U.S. Virgin Islands, either as part of surge operations or on a more permanent basis. The Committee robustly addresses resource needs for counternarcotics and security operations in the source and transit zones in the CBP, ICE, and Coast Guard sections of this bill and report. State and Local Surge Operations on the Border The Committee recognizes the notable efforts by the Texas Department of Public Safety to surge state public safety and law enforcement assets to and near the U.S. border regions of Texas to mitigate illegal border incursions and criminal activity. The Committee understands that the show of force provided by state law enforcement officers made a discernable difference in the flow of illegal border incursions. The Office for State and Local Law Enforcement, within the DHS Office of Policy, serves as the primary liaison between DHS and non- federal law enforcement agencies and is encouraged to work with Southwest border states to address the applicability of similar efforts in their states. Situational Awareness of Illegal Border Activity A common operating picture that provides full and persistent situational awareness of illegal activity between ports of entry along the Southwest border and in the associated maritime environment is required to accurately determine the effectiveness of border security operations, and will require collaboration among CBP, AMOC, ICE, and Coast Guard. Because technology can be a critical force multiplier and enabler in gaining this capability, CBP, ICE, and Coast Guard are directed to consult with the Science and Technology Directorate (S&T) to fully develop a strategy and plan for attaining a common operating picture that is based on full and persistent situational awareness. In addition, the Committee directs CBP, AMOC, ICE, Coast Guard, and S&T to carry out a review of how current border situational awareness can be enhanced; technical capabilities planned for acquisition by CBP, AMOC, ICE, or Coast Guard; and other technologies, resources, and capabilities that will be needed in the future for maintaining and improving full and persistent situational awareness. The Secretary, in conjunction with CBP, AMOC, ICE, Coast Guard, and S&T, is directed to submit to the Committee, within 180 days after the date of enactment of this Act, the results of the technical review, and a draft plan for developing situational awareness using a common operating picture. Cross-Border Working Group The Department continues to face difficult challenges in securing the Southwest border while also facilitating the efficient flow of commerce between the United States and Mexico. The Committee believes that efforts to address these challenges could be strengthened through a more formal engagement between the Department and appropriate Mexican authorities to develop common or complementary approaches in areas of mutual interest, including border infrastructure; immigration enforcement; facilitating the flow of low-risk cargo and passengers; and cross-border violence and criminal networks. The Committee encourages the Department, in cooperation with the Department of State, to explore new opportunities for cooperation with Mexican authorities, such as through a cross-border working group. Coastal Surveillance System Pilot with S&T and AMOC Increasingly, criminals are using small vessels to smuggle illicit materials into the United States. These vessels, including go-fasts, pangas, and self-propelled semi-submersible and fully submersible vessels, are purposely built for stealth by transnational criminal organizations and provide an ideal platform for smuggling. The vessels are difficult to detect with existing sensors, and it is very challenging to distinguish between the bad actors and those engaged in legitimate pleasure and commercial boating. Another challenge for the agencies responsible for guarding our maritime borders is how to effectively patrol the vast maritime approaches to the U.S. using limited resources (ships, boats, planes, helicopters). The only way to do this effectively and efficiently is to dramatically increase situational awareness in the maritime domain to provide actionable information that helps leverage the use of our limited interdiction assets. The Committee is encouraged by S&T's development of a Coastal Surveillance System (CSS), which is designed to integrate information from existing and new data sources and sensors to improve maritime domain awareness by tracking vessels in real time to facilitate the interdiction of vessels through the identification of anomalous or suspicious behavior. After its initial introduction at AMOC in 2012 for a preliminary technical evaluation, S&T and AMOC entered a pilot phase of evaluation in November 2013. The Committee directs S&T and component agencies to brief the Committee within 30 days after the date of enactment of this Act on the CSS pilot; current and new data feeds to be tested; planned installations of additional CSS nodes for CBP and Coast Guard platforms; and planned service upgrades. Weapons Commonality The Committee is concerned that there is no apparent overarching Departmental leadership or strategy for procuring weapons, including firearms and non-lethal weapons. To address this concern, the Secretary shall review current and specific weapons requirements to ensure the Department is creating joint requirements, as appropriate, and maximizing DHS's buying power. Further, as required by a new provision contained within Title V, the Secretary shall provide a report with the submission of the fiscal year 2016 budget on the quantity of weapons in inventory by type and model at the end of the preceding fiscal year; the number of weapons planned for procurement in fiscal years 2015 and 2016; a description of how such quantity and purchases align to each component's mission requirements; and details on all contracting practices applied by the Department, including comparative details for other contracting options. Administratively Uncontrollable Overtime The Committee has been closely monitoring the Department's application of administratively uncontrollable overtime (AUO) and was pleased to see the internal memorandum from the Deputy Secretary dated May 23, 2014, regarding improvements to AUO administration throughout DHS. The Committee assertively addresses AUO under CBP and NPPD in this report, and has reduced certain accounts due to expected budgetary savings from improvements to AUO oversight and management. The Committee directs DHS to submit to the congressional committees of jurisdiction, not later than 15 days after the date of enactment of this Act, the results of the DHS Office of General Counsel's AUO review and the results of the Office of Special Counsel's investigations, as applicable. Furthermore, the Committee directs DHS to report to the congressional committees of jurisdiction, not later than 15 days after the date of enactment of this Act, on the compliance plans and internal controls and safeguards developed pursuant to the Deputy Secretary's AUO memorandum. S&T Reforms The Committee is pleased that DHS and S&T have developed a definition of research and development (R&D), but continues to be concerned about the lack of a comprehensive strategy for R&D conducted by the Department. There is still no formal process or guidance across the Department for setting R&D priorities, defining R&D requirements, or setting R&D goals and milestones. In order to ensure that effective R&D guidance is established and maintained, the Department is directed to issue a management directive, not later than 180 days following enactment of this Act, that includes: a process for ensuring the Department's resources are allocated to projects that address its highest priorities; the definition of R&D; a process for identifying capability gaps; the methodology for determining when R&D is an appropriate response to such gaps; and an outline of the requisite steps for performing R&D. The directive shall also include a Department-wide policy for regular, comprehensive reviews by S&T of component technical plans to assure that the plans are technically achievable and complement, but do not overlap with other S&T or component activities. S&T shall submit a report to the Committee within 180 days after the date of enactment of this Act on S&T's assessment as to the technical achievability of the component plans, recommended changes to improve the performance of the plans, and a detailed overview of how the plans complement ongoing S&T activities. The Committee has also expressed concerns regarding the lack of permanent mechanisms for S&T to regularly solicit input and receive constructive feedback from each component. To facilitate such communication, S&T is encouraged to increase opportunities for its staff to gain first-hand understanding of DHS operations through the establishment of a liaison program that embeds S&T technical subject matter experts in the field with the operational elements of DHS components. S&T should also explore the utility of placing detailees from the field- elements of the components within S&T to enrich the requirements generation process. The Department is directed to include, as part of the required management directive, guidance requiring each component to establish a permanent mechanism for interaction with S&T. Such mechanism should ensure that components are routinely apprised of the Directorate's ongoing development of technology and knowledge products, and should enable the components to effectively communicate their needs and capability gaps to S&T. Developmental Test and Evaluation The Secretary, working with the Under Secretary for Science and Technology, is directed to establish policies and procedures to coordinate and monitor test and evaluation (T&E) activities across the DHS acquisition framework through S&T's Developmental Test and Evaluation (DT&E) function. The Committee remains concerned that acquisition programs continue to falter across the Department and that S&T is not as engaged as it should be across the spectrum of T&E activities. It is the Committee's expectation that S&T be involved in all aspects of T&E, including setting policy and guidance for and overseeing DT&E, approving the DT&E plan supporting decisions to begin initial production, and integrating DT&E with operational T&E. Planning, Programming, Budgeting, and Execution (PPBE) Process Improvements The Committee is encouraged by the efforts of DHS leadership to improve the rigor of its PPBE process. In particular, the Committee commends the Department's efforts to create a more robust strategy for the requirements planning process that ensures acquisitions and other investment decisions directly link to mission and performance outcomes. This linkage is vital to ensuring program executability and affordability in the near-term, in the intermediate performance period outlined in the Future Years Homeland Security Program (FYHSP), and in the long-term for major capital asset acquisitions. To that end, DHS is directed to brief the Committee on the requirements process that is being implemented by July 15, 2014, and regularly thereafter. The briefing shall include, as applicable, lessons learned from using the new processes in formulating the President's fiscal year 2016 budget request and changes that will be incorporated into the process for developing the President's fiscal year 2017 request. Travel The Committee commends the Department for reducing executive travel costs over the past few fiscal years. Travel by Department leadership and senior staff is necessary when it supports critical DHS missions, advances national policy interests, or serves fundamental oversight and management purposes. However, as noted by the Committee over the past several years, some travel by Department officials has failed to meet the test of being both necessary and efficient. The Committee directs the Department to provide a quarterly travel report to the Committee not later than 30 days after the end of each fiscal quarter, beginning with the end of the first quarter after the date of enactment of this Act. The report shall detail all costs of official and nonofficial travel by the Secretary and the Deputy Secretary (both direct and indirect), delineated by each trip for that quarter within all DHS appropriations. Bonuses and Performance Awards The Department is directed to include within the President's budget request for fiscal year 2016 the amounts estimated, by component, for bonuses and performance awards for fiscal year 2016 and the standards and criteria that will be applied to the use of such awards and bonuses. Reception and Representation Allowances Within OSEM, the Committee recommends no more than $40,000 for official reception and representation expenses, $5,000 below the amount requested. Within this total, not more than $15,000 shall be for international programs within the Office of Policy and necessary activities related to the Visa Waiver Program. The Department is directed to track its reception and representation expenses in enough detail to explain how these funds were used as the Committee conducts its oversight efforts next year. The Committee expects the Department to review representation allowances for all DHS agencies to ensure the equitable alignment of funds with responsibilities, and to submit any proposed changes as part of the fiscal year 2016 budget request. Conferences and Special Events For fiscal years 2013 and 2014, Congress mandated new, strict oversight requirements for conferences and special events. The Committee continues this stringent oversight and expects DHS to fully comply with such statutory requirements for fiscal year 2015. Furthermore, not later than 30 days after the end of fiscal year 2015, the Office of Inspector General (OIG) shall report to the Committee on the Department's event-related spending, including an assessment of whether DHS is in compliance with all applicable laws and regulations and describing in detail the total costs to the government associated with events. In addition, the report shall include the number of conferences held, the amount of funds obligated, and expenses by appropriation or other source of funding, including costs by budget account and subaccount. Over-Classification of Information The Committee is concerned with the number of reports, briefings, and responses to requests for information that are designated by the Department as ``For Official Use Only'' (FOUO), often without a consistent and appropriate review as to why information requires such a classification. As a consequence, both the Committee and the Department have wasted substantial staff resources deliberating over what information can and could be publicly disclosed. The Committee directs that all reports, briefings, or responses to requests for information provided to the Committee that are classified as FOUO include the name(s) and title(s) of the personnel that made the designation and the specific reasons for the classification based on requirements detailed in DHS Management Directive 11042.1, which provides guidance for safeguarding sensitive but unclassified FOUO information. Employee Morale and Workforce Innovation The Committee is very concerned with recent, persistent findings of low morale and a weak environment for innovation across the Department. Not later than 60 days after the date of enactment of this Act, the Department is directed to update the relevant committees of jurisdiction on its corrective action plan to address and improve low employee morale and the poor climate for workplace innovation. This update must examine root causes and establish metrics of success within the action plan that are clear and measurable. Universal Complaint System The Committee directs DHS to assess the feasibility, cost, and benefits of implementing a universal complaint system to operate across the Department that ensures all complaints are addressed, promptly responded to, and that results inform future training and policy, by: (a) developing one online multilingual portal to file any DHS complaint; (b) creating a Department-wide toll-free number to allow individuals to file complaints; and, (c) displaying in multiple languages both the web address and phone number at all detention facilities, ports of entry, and interior checkpoints. DHS is directed to report to the Committee on its assessment within six months of the date of enactment of this Act. Wildlife Trafficking The Committee is aware that illegal wildlife trafficking is one of the largest international criminal enterprises and is deeply concerned by the growing evidence that wildlife poaching and trafficking, particularly of African elephant ivory, is being used as a source of funding by terrorist organizations, extremist militias, and transnational criminal organizations. The Committee is also aware that the National Strategy for Combating Wildlife Trafficking states the Administration's intent to ensure that U.S. intelligence activities are appropriately integrated with domestic and international enforcement efforts. The Committee supports this goal and, to the extent practicable, encourages the Department to work with U.S. and international law enforcement and partner countries to share information and analysis on illegal wildlife trafficking. Office of the Under Secretary for Management Appropriation, fiscal year 2014....................... $196,015,000 Budget request, fiscal year 2015...................... 195,286,000 Recommended in the bill............................... 175,124,000 Bill compared with: Appropriation, fiscal year 2014................... -20,891,000 Budget request, fiscal year 2015.................. -20,162,000 Mission The Office of the Under Secretary for Management's (USM) primary mission is 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 the responsibilities of the Department. This office is also charged with implementing a mission support structure for DHS administrative services, while eliminating redundancies and reducing support costs. Recommendation The Committee recommends $175,124,000 for USM, $20,162,000 below the amount requested and $20,891,000 below the amount provided in fiscal year 2014*. Within the amount provided, no more than $2,000 is for official reception and representation expenses. Unless otherwise noted, recommendations include reductions to offset significant shortfalls in the President's budget request for DHS due to: (1) assumed increases in aviation passenger fee collections that have yet to be authorized and that are not under the jurisdiction of the Committee on Appropriations; (2) detrimental, unjustified proposals to severely reduce the Department's essential frontline operations; and (3) the repeated failure to comply with statutory requirements. The Committee recommends the following funding levels for individual offices within USM: ------------------------------------------------------------------------ Budget estimate Recommended ------------------------------------------------------------------------ Immediate Office of the Under $2,757,000 $2,683,000 Secretary for Management*........ Office of the Chief Security 63,597,000 63,033,000 Officer.......................... Office of the Chief Procurement 64,036,000 63,335,000 Officer.......................... Office of the Chief Human Capital Officer: Salaries and Expenses......... 21,253,000 19,007,000 Human Resources Information 9,878,000 - - - Technology................... ------------------------------------- Subtotal.................. 31,131,000 19,007,000 Office of the Chief Readiness Support Officer: Salaries and Expenses......... 29,272,000 27,066,000 Nebraska Avenue Complex....... 4,493,000 - - - ------------------------------------- Subtotal.................. 33,765,000 27,066,000 ===================================== Total................. $195,286,000 $175,124,000 ------------------------------------------------------------------------ *The recommendation and comparisons reported here exclude the headquarters consolidation project at St. Elizabeths. Immediate Office of the Under Secretary for Management The Committee recommends $2,683,000 for the Immediate Office of the Under Secretary for Management, $74,000 below the amount requested and $17,000 below the amount provided in fiscal year 2014. The Committee directs this office to resume its efforts to compel the Department to adopt a zero-based budgeting approach to formulate its annual budget request and present its budget justification documents. Office of the Chief Procurement Officer The Committee recommends $63,335,000 for the Office of the Chief Procurement Officer (OCPO), $701,000 below the amount requested and $1,665,000 below the amount provided in fiscal year 2014. The Committee continues statutory language in the corresponding section of the bill requiring the submittal of a Comprehensive Acquisition Status Report (CASR) and subsequent quarterly updates, and expects the Department to comply with those requirements in terms of both content and schedule. In addition to the information currently included in the report, the Department shall include all level 1, 2, and 3 programs with a breakout by appropriation and PPA. Further, the report shall be provided to Congress and published on the Department's public-facing website (with the exception of specific sensitive but unclassified information). Contract Closeout The closeout of complex contracts is a labor intensive and time consuming effort for the Department. The CPO has briefed the Committee that a backlog of contracts exists, awaiting final closeout and disposition. Meticulous attention to detail is required in this task to ensure the government satisfies its liabilities to its contractors and, in turn, that the contractors do not in some way take advantage of the government. Beginning in fiscal year 2010, the Department of Defense (DoD) commenced a pilot program, in conjunction with the Ability One Services program, in which wounded veterans were trained and utilized to conduct this task. Thus far, millions of dollars have been recouped and thousands of contracts have successfully been closed out. Conservative estimates from DoD show that the program may achieve a 10:1 return on investment as a result of the deobligation of funds. The Committee is extremely supportive of this initiative and strongly encourages the CPO to review the applicability of this program within DHS. Program Accountability and Risk Management With the submission of the fiscal year 2016 budget request, proposed funding for the Office of Program Accountability and Risk Management (PARM) shall be identified through a distinct PPA under USM in lieu of the current practice of including PARM's funding within the PPA for the OCPO. Because PARM is a direct report to the Chief Acquisition Officer (CAO) as the CAO's Executive Agent for overseeing acquisition program management, a distinct PPA for PARM better aligns funding to mission. Enterprise-wide Talent Management System The Committee denies the request for $1,143,000 to fund the Enterprise-wide Talent Management System. The Committee regrets that funding for this type of human capital initiative is simply unavailable when Congress is presented with such a flawed budget request that includes glaring, irresponsible gaps in necessary financial support for frontline operations. The Committee believes essential operations must be sufficiently supported and prioritized before additional funding can be considered for such administrative initiatives. Unit End Item Definition The Secretary of Homeland Security, through the Office of the Chief Financial Officer (OCFO) and the OCPO, is directed to develop definitions of ``expense item'' and ``investment items'' that mirror the definitions used by other federal agencies, including DoD. Procurement of Secure Document Products and Services The Committee notes there is an ongoing Government Accountability Office (GAO) study regarding the production of secure credentials across the government. Prior to the completion of the GAO study, the Committee seeks additional information to understand how DHS procures secure document services. To that end, the Committee directs OCPO to notify the Committee in writing 15 days prior to contracting with a private entity or signing an agreement with a government agency to requisition secure document services or secure document component services. If DHS procures secure documents from a government source the agency is to provide justification for that decision and an analysis showing how the security of the products or services will be equal to or greater than that of products that could be procured from private industry at a substantially similar cost, as part of the 15 day notice. Document Security The Committee remains concerned over the need to protect classified information, especially as to methods used to secure paper forms, which can be scanned, faxed, copied, or otherwise stolen or compromised. Existing, off-the-shelf commercial technologies can be used to monitor document access and alert security personnel when sensitive documents are at-risk. The Committee directs the Department to report to the relevant committees of jurisdiction, within 90 days after the date of enactment of this Act, on the measures currently being used to ensure hard copy document security. First Responder Land Mobile Radio Communications Interoperability DHS has encouraged the development of multi-band handheld land mobile radio (LMR) systems that can operate on more than one of the public safety LMR communications bands. Further, DHS has subsidized multi-band LMR technology development through grant funding, conducted multi-band technology pilot programs, and published the results of these pilot programs. The Committee expects logical, measured, and cost-effective steps to complement the actions DHS has already undertaken to advance first responder communications interoperability. Accordingly, the Committee directs DHS to take steps to enhance communications interoperability among local, state, and federal first responders. The Committee specifically notes the findings of the Department's 2012 Multi-Band Radio Pilot Assessment that: (a) multi-band radios are a valuable tool in bridging the communications interoperability gap between local, state, and federal agencies regardless of the radio band in use; (b) multiple manufacturers offer dual-band and multi-band radios; and (c) the cost of a multi-band radio is now comparable to the cost of a similar high end, single-band radio. The Committee directs DHS, within 120 days after the date of enactment of this Act, to brief the Committee on the steps it will take to: (a) transition DHS component agencies to multi-band LMRs in future procurements unless their mission does not require full local, state, and federal interoperability; (b) issue guidance to non-DHS federal law enforcement agencies on transitioning to multi-band LMRs, as appropriate; and (c) issue guidance for DHS grant programs that support state and local interoperable communications to make interoperability an important criterion for grant-funded LMR procurements. DHS Headquarters Consolidation Appropriation, fiscal year 2014*...................... $35,000,000 Budget request, fiscal year 2015...................... 73,000,000 Recommended in the bill............................... - - - Bill compared with: Appropriation, fiscal year 2014................... -35,000,000 Budget request, fiscal year 2015.................. -73,000,000*Provided in sec. 544 of Public Law 113-76. Recommendation Given the constraints of the current budget environment and the flawed and unjustified reductions to the Department's operational components and frontline personnel within the President's fiscal year 2015 budget request for DHS, no funding is included for further development of the headquarters consolidation project or for associated mission support of the project. The Chief Readiness Support Officer is directed to update the Committee not later than 30 days after the date of enactment of this Act on the plan for obligation and expenditure of prior year appropriations for this project and provide an updated analysis of alternatives for the project that fully considers the costs and benefits of its scope within a fiscal environment that is substantially constrained. The Committee understands that the Department, through USM, is actively exploring options to modify or consolidate current leases, with the expectation that a permanent headquarters construction site will be significantly delayed or amended. The Committee encourages the Department to continue this effort and to inform the Committee of its progress not later than 30 days after the date of enactment of this Act, including revised schedules and cost estimates. Office of the Chief Financial Officer Appropriation, fiscal year 2014....................... $46,000,000 Budget request, fiscal year 2015*..................... 94,626,000 Recommended in the bill............................... 39,306,000 Bill compared with: Appropriation, fiscal year 2014................... -6,694,000 Budget request, fiscal year 2015.................. -55,320,000*Includes funding for Financial Systems Modernization efforts. Mission The primary responsibilities and functions of OCFO include budget execution and oversight; performance analysis and evaluation; oversight of the Department's financial management system; oversight of the Department's business and financial management systems across all agencies and directorates; and oversight of credit card programs and audit liaisons. Recommendation The Committee recommends $39,306,000 for OCFO, $55,320,000 below the amount requested and $6,694,000 below the amount provided in fiscal year 2014. Funding for the Financial Systems Modernization (FSM) program is not recommended under this heading and is instead addressed within Title V of this bill and report. As noted above, reductions to the core offices of OCFO are made to offset the severe flaws of the budget request, including reliance upon unauthorized fee increases and the proposed, but unjustified, reductions to the Department's operational components. The recommended reduction is also due to the Department's chronic inability to comply with statutory reporting requirements. Unrealistic Budgeting Practices and Assumptions As in prior years, the President's budget unjustifiably assumes that new revenue will be authorized for the coming fiscal year. In this case, the budget request was built upon the assumption that $570,000,000 in new aviation security fee revenue will be authorized in fiscal year 2015. Furthermore, the President's budget proposal relies upon proposed, but unauthorized, fee increases under CBP to offset increased costs of operations and fund 2,000 additional CBP officers. However, as in the past, such proposals depend on enactment of new legislative authority that is outside the jurisdiction of the Committee. As this Committee has underscored repeatedly over the past several Congresses, such an approach to budgeting is unrealistic and requires the Committee to take drastic measures to offset the inflicted gaps in funding needed to adequately support frontline operations. The Committee reiterates its message and wholly rejects such budgetary gaucherie. The consequences, in terms of pervasive reductions to the Department's requests, are therefore evident throughout this bill. If and when such proposals are enacted into law, the Committee will take them into account as it drafts legislation, and the Department should keep the Committee informed of any progress in this regard. However, until such actions occur, these unauthorized proposals cannot be treated as relevant to the Committee's appropriation work. While the Administration is certainly free to propose new sources of revenue as part of its budget, future budget requests should not be constructed on the assumption that such offsetting revenue will be forthcoming. Department-Wide Common Appropriations Structure The Committee recognizes that DHS components have disparate appropriation structures, which hinders the Department's ability to carry out mission planning, programming, budgeting, execution, and performance measurement in an integrated fashion. This has occurred as a result of legacy appropriation structures that components brought with them when DHS was formed and differences across appropriation structures for components created even after DHS was established. In order to provide the Department and the Committees increased visibility, comparability, and information on which to base resource allocation decisions, particularly in the current fiscal climate, the Committee believes DHS would benefit from the implementation of a common appropriation structure across the Department. OCFO is directed to work with the components, OMB, and the Committee to develop a common appropriation structure for the President's fiscal year 2017 budget request. In the interim, OCFO is directed to provide a report to accompany the President's budget request for fiscal year 2016 that outlines a notional framework for a common appropriation structure, contains appropriation crosswalks for each component demonstrating the format of the new structure and comparisons with the current structure, and details any assumptions, particularly regarding proposed changes to reprogramming authorities, that would be required to make the new structure work efficiently. In order to ensure this new structure is ready for implementation in the fiscal year 2017 budget cycle, it is critical that this project remain on schedule. To that end, OCFO is directed to brief the Committee on the status of this project by July 15, 2014, and regularly thereafter. Obligation and Expenditure Plans In prior appropriations Acts and reports, the Committee has directed the submission of obligation and expenditure plans for various programs on an ad hoc basis. To formalize this process across the Department, the Committee includes a new general provision that directs the submission of reports for specified programs detailing the planned obligation and expenditure of funds. The reports shall reflect enacted appropriations; include the allocation of undistributed appropriations among and within PPAs; and incorporate completed reprogramming actions (pursuant to section 503 of this Act and previous appropriations Acts for DHS), including funds that have been reprogrammed below the reprogramming notification threshold. Funding in the reports shall be broken out according to PPA and cost code by quarter, and shall include the amount of funds planned to be carried over into the next fiscal year. For multi-year appropriations, the reports shall detail the status of each appropriation by source year. In addition, the reports shall identify the current numbers of onboard personnel by PPA, along with delineations of the numbers of personnel newly hired or lost to attrition since the beginning of the fiscal year or since the most recent report, as appropriate. These reports shall be provided 45 days after the date of enactment of this Act. Certain additional reports shall be submitted on a quarterly basis after these initial reports to compare actual obligations against the initial plans. Timely Obligation of Appropriated Funds The Committee is increasingly concerned with the slow rate of obligation and languishing balances in multi-year appropriation accounts. With fiscally constrained budget toplines, the Committee cannot afford to appropriate funding that will not be obligated in a timely fashion or could be appropriated in future budgets. Funds should only be requested that are anticipated to be obligated in the first year of an appropriation, with the exception of legal requirements such as antecedent liabilities. Understanding that delays do occur, it is the expectation of the Committee that at least 80 percent of the funds requested in multi-year accounts should be obligated in the first year of an appropriation. When programs fail to obligate funds, it is an indication to the Committee that they might be falling behind schedule or may not be able to effectively utilize allotted budget authority. The Department is directed to provide budget guidance to components that their budget submissions request only the funds that have a bona fide need during the first year of an appropriation. For single year accounts, the Committee is troubled with the practice of obligating a significant portion of funds in the last quarter of a fiscal year. Other Departments and agencies have statutory language limiting to less than 20 percent the amount available for obligation in the last two months of a fiscal year. Not only do fourth quarter obligations overwhelm contracting staff, it can be argued that funds that do not obligate until the fourth quarter could just as easily be slipped into the next fiscal year for funding. The Committee urges the Department to address this situation. Congressional Budget Justifications The Committee directs the Department to submit all of its fiscal year 2016 budget justifications on the first Monday in February, 2015, concurrent with the official submission of the President's budget to Congress as mandated by law. The detail contained within the justification documents should reflect the requirements set forth under this heading in the explanatory statement accompanying Public Law 113-76, with the exception that the references to prior year funding information should relate to fiscal years 2014 and 2015, as applicable. The Committee further directs the Department to make appropriate and necessary preparations for an overhaul of the format of its budget justification documents to be included with the fiscal year 2016 budget request. This reformatting should include a presentation of financial data that is similar to the CASR, but shall also include financial detail per PPA and include far less narrative and superfluous content than the current justification documents. OCFO is directed to meet regularly with the Committee, as necessary, to carry out this reformatting in preparation for the submittal of the fiscal year 2016 budget request. Further, for each DHS component, the fiscal year 2016 budget justification material shall be submitted for all DHS investment items over $250,000 per investment item, including research and development and capital assets such as real property and equipment. By appropriation and PPA, the material and supporting documentation shall include a project description, justification, and scope to include the capabilities to be fielded; key events for the prior year, current year, and budget year; funding delineated by year of appropriation (prior year; current year; budget year; budget year plus one; budget year plus two; budget year plus three; budget year plus four and beyond); total cost; the actual or estimated appropriations, obligations, unobligated authority, planned expenditures, and planned increment and/or units to be procured; available funding budget plan (projected obligations by year appropriated) broken out by cost category; and contract information and status. The justification material shall be displayed in the same format as the CASR. Consistent with section 874 of Public law 107-296, the Department shall submit a FYHSP as part of the fiscal year 2016 budget justification, reflecting anticipated spending for fiscal years 2016 through 2020. It shall be in unclassified form so as to be accessible to the public. The Committee also directs that the Department ensure, for all appropriations requested in fiscal year 2016 and for which a proposal is made to increase or decrease funding for an activity within a PPA category, that it informs the Committee of the base funding level for such activity--and not simply the total activity or PPA funding level. Monthly Reporting Requirements The Committee continues bill language requiring a Monthly Budget Execution and Staffing report within 30 days after the close of each month. The Committee directs the Department to modify this report to include the amounts of unobligated and unexpended balances of appropriations by source year and to display the status of balances at both the appropriations account level and the PPA level where the latter are reflected in the explanatory statement accompanying enacted appropriations. The source year and other information required in the modified report will assist the Committee in better evaluating program implementation and budget execution by the agencies. The unobligated balances for the Disaster Relief Fund are exempt from the requirement to show the source year of appropriations. Working Capital Fund As in prior years, the Committee directs the Department to include a separate justification for the Working Capital Fund (WCF) in the fiscal year 2016 budget request. This should include a description of each activity funded by the WCF; the basis (including a sufficient business case analysis) for pricing; the number of full-time federal employees funded in each activity; a list of each Departmental organization that is allocating funds to the activity; and the funding each organization is providing in fiscal years 2014 and 2015, and what is estimated to be provided in 2016. If a project contained in the WCF is a multi-year activity with a defined cost, scope, and schedule, the estimated costs and schedule shall be clearly delineated. As directed in the explanatory statement accompanying Public Law 113-76, the Department is directed to base inclusion or exclusion of an activity in the WCF on a thorough business case that justifies the efficiency or effectiveness of such inclusion or exclusion; the Department is not required to formally provide justifications to the Committees identifying initiatives or activities that are not included in the WCF. Consistent with fiscal year 2014, section 504 of this Act does not include a requirement from prior years that the WCF be subject to the reprogramming requirements contained in section 503 of this Act, but instead directs quarterly reporting on obligations, expenditures, and the projected annual operating level for each WCF activity. In addition, the Department shall notify the Committees when an initiative or activity is added to or removed from the WCF. This approach provides increased flexibility for the Department while also providing the Committees with insight into the real-time operations of the WCF that is necessary to conduct robust oversight. The Department shall not fund any activities through the WCF that the House or Senate Committees on Appropriations have disapproved either in report language or in their responses to reprogramming requests. Notification of Structural Pay Reform Initiatives The Committee expects to be kept informed of the Department's structural pay reform initiatives. Therefore, the Committee includes a new provision in Title V of this Act requiring an official and comprehensive notification at least 30 days prior to implementation of any such initiatives. Office of the Chief Information Officer Appropriation, fiscal year 2014....................... $257,156,000 Budget request, fiscal year 2015...................... 256,343,000 Recommended in the bill............................... 257,068,000 Bill compared with: Appropriation, fiscal year 2014................... -88,000 Budget request, fiscal year 2015.................. +725,000 Mission The Office of the Chief Information Officer (OCIO) has oversight of information technology (IT) projects in the Department and is responsible for implementing the programs necessary to align DHS's IT personnel, resources, and assets, including all systems and infrastructure, to support Department-wide missions and activities. OCIO provides DHS and its partners with the IT services required to lead a unified national effort to prevent and deter terrorist attacks as well as protect against and respond to threats and hazards. Recommendation The Committee recommends $257,068,000 for OCIO, $725,000 above the amount requested and $88,000 below the amount provided in fiscal year 2014, including an increase of $6,976,000 for Sharing and Safeguarding Classified Information, as requested. At this funding level, DHS will be able to continue to improve information security while also providing necessary protections across the Department's classified networks. The activities associated with Sharing and Safeguarding Classified Information will protect DHS data and resources from unauthorized disclosures and preserve the ability of all users of DHS classified systems to access classified resources from partner departments and agencies in all classified domains. Unless otherwise noted, the recommendation reflects reductions to partially offset significant shortfalls in the President's budget request for DHS due to: (1) assumed increases in aviation passenger fee collections that have yet to be authorized and that are not in the jurisdiction of the Committee on Appropriations; (2) unjustified reductions to essential frontline operations; and (3) the repeated failure of the Department to comply with statutory requirements. OCIO is directed to brief the Committee, not later than 90 days after enactment of this Act, on the cost and schedule details of all large or multi-agency projects such as the Homeland Secure Data Network (HSDN) and the Identity, Credential, and Access Management (ICAM) program, as well as other steps being taken to safeguard classified information. A comparison of the budget request to the Committee recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget Estimate Recommended ------------------------------------------------------------------------ Salaries and Expenses............. $95,444,000 $93,169,000 Information Technology Activities. 38,627,000 40,627,000 Infrastructure and Security 52,140,000 53,140,000 Activities....................... Homeland Secure Data Network...... 70,132,000 70,132,000 ------------------------------------- Total, Chief Information $256,343,000 $257,068,000 Officer...................... ------------------------------------------------------------------------ Information Technology Activities The Committee recommends $40,627,000 for Information Technology Activities, $2,000,000 above the amount requested and $6,627,000 above the amount provided in fiscal year 2014, including an increase of $2,000,000 to support the DHS Data Framework. Infrastructure and Security Activities The Committee recommends $53,140,000 for Infrastructure and Security Activities, $1,000,000 above the amount requested and $8,140,000 above the amount provided in fiscal year 2014. The increase of $1,000,000 is to be applied for cyber remediation tools. OCIO is directed to update the Committees--in coordination with other Departmental components, as necessary-- not later than 60 days after the date of enactment of this Act on Department-wide efforts to combat ``insider threats'' in the cyber domain, including, but not limited to, an overview of: (1) the extent of the Department's ability to monitor the unauthorized removal of sensitive, unclassified and classified material from DHS information systems; (2) any new restrictions on access to DHS information systems and databases, both internally and for external stakeholders; (3) any recent restrictions placed on DHS users by external, interagency stakeholders on access to certain databases and an assessment of the operational impact of such restrictions; and (4) plans to improve the DHS information security architecture and policies to preclude breaches at DHS. Data Center Migration The Committee continues the requirement to be briefed quarterly on the status, cost, and schedule of its data center migration efforts and all relevant details associated with this activity. Analysis and Operations Appropriation, fiscal year 2014....................... $300,490,000 Budget request, fiscal year 2015...................... 302,268,000 Recommended in the bill............................... 274,343,000 Bill compared with: Appropriation, fiscal year 2014................... -26,147,000 Budget request, fiscal year 2015.................. -27,925,000 Mission Analysis and Operations houses the Office of Intelligence and Analysis and the Office of Operations Coordination and Planning, which together collect, evaluate, and disseminate intelligence information, as well as provide incident management and operational coordination. Recommendation The Committee recommends $274,343,000 for Analysis and Operations, $27,925,000 below the amount requested and $26,147,000 below the amount provided in fiscal year 2014. The Committee reduces funding for the Office of Operations Coordination and Planning, primarily due to an inadequate justification and the inability to clearly align the budget request and management-intensive billet structure to mission requirements. This reduction is also recommended to offset severe flaws within the Department's budget request for frontline operations and enforcement. The Committee expects the Department to reform the Office of Operations Coordination and Planning such that its budget and staffing requirements clearly and justifiably align to mission requirements and strategic goals. The Committee also denies the requested decrease to the Border Intelligence Fusion Section (BIFS) and restores funding for this function. Additional direction on funding for this appropriation is included within the classified annex accompanying this report. DHS Operations Centers The Department is required to submit to the Committee not later than 60 days after the date of enactment of this Act a comprehensive inventory of all operations centers across DHS. This inventory shall be subdivided by Departmental component and shall include: the mission of each operations center; the staffing associated with each operations center; the annual operating costs of each operations center; any other relevant details pertaining to resources for each operations center; and an explanation of connectivity of each operations center to other Departmental and federal operations centers, as applicable, and including the DHS National Operations Center. Classified Programs 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 2014*...................... $139,437,000 Budget request, fiscal year 2015*..................... 145,457,000 Recommended in the bill*.............................. 144,393,000 Bill compared with: Appropriation, fiscal year 2014................... +4,956,000 Budget request, fiscal year 2015.................. -1,064,000*Includes a directed transfer of $24,000,000 from the FEMA Disaster Relief Fund. Mission The Homeland Security Act of 2002 established an OIG in DHS by amendment to the Inspector General Act of 1978. This office was established to provide an objective and independent organization that would be effective in: (1) preventing and detecting fraud, waste, and abuse in Departmental programs and operations; (2) providing a means for keeping the Secretary and the Congress fully and currently informed of problems and deficiencies in the administration of programs and operations; (3) fulfilling statutory responsibilities for the annual audit of the Department's financial statements; (4) ensuring the security of DHS information technology pursuant to the Federal Information Security Management Act; and (5) reviewing and making recommendations regarding existing and proposed legislation and regulations to the Department's programs and operational components. According to the authorizing legislation, the Inspector General is to report dually to the Secretary of Homeland Security and to the Congress. Recommendation The Committee recommends a total of $144,393,000 for OIG, $1,064,000 below the budget request and $4,956,000 above the amount provided in fiscal year 2014. The Committee continues the practice in fiscal year 2015 of transferring $24,000,000 from the FEMA Disaster Relief Fund (DRF) to the OIG for disaster-related audits and investigations. This recommendation includes $3,552,000 to fully fund the requested workforce development initiative, and also supports the request for a net adjustment of +44 FTE for increased oversight capability. The OIG is directed to submit a plan for obligation and expenditure as per the direction contained within Title V of this bill and report. This plan shall include all DRF transfers (which shall satisfy the requirements for notification of DRF transfers under section 503 of this Act). Furthermore, the OIG is directed to clearly display the distribution of all FTE, including the additional +44 FTE supported by the recommended funding level and the workforce development initiative training efforts within the required plan for obligation and expenditure. Border Corruption Investigations The Committee remains concerned about the efficacy of OIG communications with the Committee regarding border corruption investigations, particularly related to the coordination of these investigations with ICE and CBP. The Committee directs the OIG to include within the plan for obligation and expenditure, noted above and required within Title V of this bill and report, an explicit plan for all fiscal year 2015 obligations and expenditures for integrity oversight in coordination with CBP and ICE. Management and Efficiency Oversight The Committee strongly supports efforts by the OIG to identify and correct instances of fraud and waste affecting Departmental activities, and therefore directs the OIG to provide a semi-annual briefing to the Committees on Appropriations regarding such efforts, with particular focus on procurement, grant administration, and travel. Conferences and Special Events As noted in the OSEM section of this report, the Committee continues the requirement for the OIG to report to the Committees not later than 30 days after the end of fiscal year 2015 on DHS spending on conferences, ceremonies, and similar events, based on quarterly reporting to the OIG. The report shall substantiate DHS compliance with all applicable laws and regulations and describe in detail the total costs to the government associated with events. It shall include the number of conferences held, the amount of funds obligated, and expenses by appropriation or other source of funding, including budget accounts and subaccounts used to pay for events. 287(g) Material Violation Appeals Within 60 days of the date of enactment of this Act, and in regard to the tenth proviso in the bill under ICE, Salaries and Expenses, the OIG shall establish an appeal process for jurisdictions found to be in material violation of the terms of a 287(g) agreement with ICE. TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS U.S. Customs and Border Protection Mission The mission of U.S. Customs and Border Protection is to enforce laws regarding the admission of foreign-born persons into the United States, to facilitate the flow of legitimate trade and travel, and to ensure all persons and cargo enter the U.S. legally and safely through official checkpoints at ports of entry Given this critical mission, the Committee's recommendation supports the goals of: securing and managing the borders; preventing terrorism and enhancing security by screening, targeting, and vetting cargo and passengers; developing a structured, integrated network to reduce transnational crime and terrorism; enforcing immigration laws with effective deterrence; and developing a process linking mission requirements to the budget request. Unaccompanied Alien Children Glaringly absent from the President's budget proposal are funds required to cope with skyrocketing numbers of children crossing the borders alone. Though only 6,000 unaccompanied children crossed the border illegally in fiscal year 2011, CBP projects at least 66,000 children will do so in fiscal year 2014 and as many as 145,000 in fiscal year 2015. More distressing is the fact that these numbers reflect only the known cases. The number of children who do not make it to the U.S. border because they were killed, died of deprivation during the journey, or were abused and sold into slavery, remains unknown. The Committee understands that many of these children are confronted with conflict, discord, and economic strife in their home countries, and that it is difficult to separate the decision to migrate from the dangers and economic crises they face at home. While a partial explanation, the Committee also understands that immigration enforcement policies, like Deferred Action for Childhood Arrivals (DACA) and the Morton Memos, that emphasize the application of immigration laws to criminal aliens illegally present in the United States, are also part of the problem. As noted by the CBP Commissioner during hearing testimony, a likely contributing factor to the current rise of unaccompanied alien children (UACs) crossing the Southwest border is that illegally present parents or guardians feel secure enough to send for the children left behind when they entered the U.S. years earlier. More disturbing to the Committee is the sure knowledge that these children are smuggled through Mexico to the U.S. border by the Transnational Criminal Organizations (TCOs) that effectively control the Mexican side of the border, and that are also engaged in the trafficking of drugs, other contraband, and people. Beyond any concerns about the integrity of U.S. immigration law, this is an unacceptably dangerous situation for these children, and no one--including the parents or guardians of these children--should consider it to be a safe or acceptable option. Once the children reach the U.S. border and are encountered by CBP, the humanitarian crisis also becomes a law enforcement nightmare with real costs to American taxpayers. Children are held at CBP facilities until they can be transported to the Office of Refugee Resettlement in the Department of Health and Human Services (HHS-ORR), which has the legal responsibility to care for them. Rather than carrying out their regular duties, CBP officers and U.S. Border Patrol agents are put into the position of providing basic child care despite having no training and little guidance in how to meet the immediate health needs of UACs. Complicating the situation is the fact that CBP facilities are not meant to house children, and CBP is not the appropriate organization to provide nutritious meals and assist with basic hygiene. In fiscal year 2013, CBP estimates that the unfunded costs of the children's food, toiletries, and incidentals reached almost $342,000. Additional contributions came from the pockets and good hearts of CBP employees. OMB submitted updated budgetary estimates to the Committee on June 3, 2014, two days after the Subcommittee unanimously reported out the fiscal year 2015 bill. According to the new estimates, CBP estimates it will absorb $225,277,000 in UAC costs in fiscal year 2014, and that the fiscal year 2015 requirement will escalate to $506,202,000, of which only $429,260,000 is included in the budget request. Despite awareness of the human and monetary costs, the Administration did not include funds for dealing with the situation in the fiscal year 2015 budget request, a result that is indefensible and irresponsible. Consequently, the Committee directs CBP to immediately submit estimates of the fiscal year 2015 costs related to UACs and also to include such costs in future budget requests. Furthermore, CBP is directed to work with ICE and HHS-ORR, to ensure that UACs held in CBP short- term custody are processed and transferred to ICE for transportation to HHS-ORR custody (or transferred directly from CBP to HHS-ORR) in a humane manner and well within the 72 hour mandate. CBP shall work with HHS-ORR to identify whether local child welfare organizations or other appropriate organizations can assist in screening children for sexual assault, trafficking, exploitation, or other mistreatment. Interagency protocols defining roles and responsibilities should be established so that UACs in CBP custody have necessary medical care; appropriate clothing and shoes; basic personal hygiene and sanitary products; a pillow, linens, and sufficient blankets; adequate nutrition; and are allowed access to consular officials. Finally, CBP shall provide quarterly briefings to the Committee on the progress of implementing the interagency protocols, the average number of hours children stay in CBP custody by sector and field office, and the costs associated with UAC apprehensions. Reports Required Listed below are reports or briefings the Committee directs CBP to present. Additional explanation is included at the appropriate place in the report or in Title V of the bill. Annual year of execution obligation and expenditure plans and quarterly updates that include current staffing levels and unobligated balances; Budget justification material for all acquisitions over $250,000; Semi-annual briefings on the status of innovations to improve wait times at ports of entry, implementation and execution of pilots authorized under section 560 of Public Law 113-6 and section 559 of Public Law 113-76, and other business transformation initiatives; Monthly updates on the number of UACs encountered, the length of time before notifying HHS- ORR of the child's presence, the time elapsed between notification and transfer to HHS-ORR, and the estimated costs to CBP of caring for the child; and Annual State of the Border briefing, not later than 15 days after the budget is submitted, that integrates equipment requirements and gaps related to attaining situational awareness at the border. SALARIES AND EXPENSES Appropriation, fiscal year 2014....................... $8,145,568,000 Budget request, fiscal year 2015...................... 8,326,386,000 Recommended in the bill............................... 8,367,450,000 Bill compared with: Appropriation, fiscal year 2014................... +221,882,000 Budget request, fiscal year 2015.................. +41,064,000 Mission The Salaries and Expenses appropriation provides funds for border security, immigration, customs, agriculture inspections, regulating and facilitating international trade, collecting import duties, and enforcing U.S. trade laws. In addition to appropriations, fee collections are authorized to cover CBP operations. Recommendation For fiscal year 2015, the Committee recommends $8,367,450,000 for Salaries and Expenses, $41,064,000 above the amount requested and $221,882,000 above the amount provided in fiscal year 2014. Included in the total is $3,274,000 derived from the Harbor Maintenance Trust Fund. The recommendation promotes strong border security, expands efforts to facilitate trade and travel, and builds CBP's targeting capabilities. A comparison of the budget estimate to the Committee recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget estimate Recommended ------------------------------------------------------------------------ Headquarters, Management, and Administration: Commissioner.................. $27,245,000 $21,606,000 Chief Counsel................. 45,663,000 44,570,000 Congressional Affairs......... 2,514,000 2,454,000 Internal Affairs.............. 140,141,000 136,690,000 Public Affairs................ 13,064,000 12,748,000 Training and Development...... 71,926,000 70,146,000 Technology, Innovation and 25,374,000 24,770,000 Acquisition.................. Intelligence/Investigative 61,512,000 61,005,000 Liaison...................... Administration................ 386,793,000 377,134,000 Rent.......................... 409,490,000 409,490,000 ------------------------------------- Subtotal, Headquarters, 1,183,722,000 1,160,613,000 Management, and Administration........... Border Security Inspections and Trade Facilitation: Inspections, Trade, and Travel 2,830,872,000 2,853,024,000 Facilitation at Ports of Entry........................ Harbor Maintenance Fee 3,274,000 3,274,000 Collection (Trust Fund)...... International Cargo Screening. 69,173,000 68,902,000 Other International Programs.. 25,706,000 25,548,000 Customs-Trade Partnership 40,841,000 40,619,000 Against Terrorism............ Trusted Traveler Programs..... 5,811,000 5,811,000 Inspection and Detection 123,866,000 126,811,000 Technology Investments....... National Targeting Center..... 70,592,000 79,123,000 Training...................... 33,906,000 33,880,000 ------------------------------------- Subtotal, Border Security 3,204,041,000 3,236,992,000 Inspections and Trade Facilitation............. Border Security and Control between Ports of Entry: Border Security and Control... 3,882,015,000 3,913,454,000 Training...................... 56,608,000 56,391,000 ------------------------------------- Subtotal, Border Security 3,938,623,000 3,969,845,000 and Control between POEs. ===================================== TOTAL, Salaries and $8,326,386,000 $8,367,450,000 Expenses............. ------------------------------------------------------------------------ Headquarters, Management, and Administration The Headquarters, Management, and Administration (HMA) PPA funds the development of critical policy and operational guidance, and provides mission support to CBP's operational components, among other activities. To support these requirements, the Committee recommends $1,160,613,000 for HMA, $23,109,000 below the amount requested and $38,317,000 below the amount provided in fiscal year 2014. A decrease of $20,484,000 is applied to this account in order to partially offset shortfalls in operational accounts inexplicably underfunded or caused by unauthorized fee collections proposed in the President's request. An increase of $1,000,000 is included for the Office of Intelligence and Investigative Liaison (OIIL) for six additional OIIL analysts for the purpose of assisting the Office of Air and Marine operations. CBP is commended for developing a leadership development framework that emphasizes the continual professional growth of the workforce. The next step is to institutionalize the framework for all levels of employees, culminating in a capstone-like training program for the Senior Executive Service. The Committee is aware that CBP is engaged in discussions with the government of the U.S. Virgin Islands (USVI) related to disagreements about the use of customs fees collected by CBP on behalf of USVI, and encourages CBP to work diligently to amicably resolve these disagreements. Border Security Inspections and Trade Facilitation Border Security Inspections and Trade Facilitation is the appropriation which funds CBP's activities at the Nation's ports of entry. Customs and Border Protection officers (CBPOs) are fundamental to these activities as the law enforcement component responsible for preventing terrorists and contraband from entering the United States; enforcing customs, immigration, and agriculture laws and regulations; and securing and facilitating international trade and travel at 329 ports of entry and 16 preclearance locations. For the Border Security Inspections and Trade Facilitation account, the Committee recommends $3,236,992,000, an increase of $32,951,000 above the amount requested and $21,148,000 above the amount provided in fiscal year 2014. Inspections, Trade, and Travel Facilitation at Ports of Entry A total of $2,853,024,000 is for Inspections, Trade, and Travel Facilitation at Ports of Entry, $22,152,000 above the amount requested and $3,549,000 below the amount provided in fiscal year 2014. As proposed by the President, the recommendation includes funds sufficient to support a base of 23,775 CBPOs, which includes the costs associated with the 2,000 CBPOs added in fiscal year 2014; $8,300,000 for the CBP Mobile Program; and $11,800,000 to develop and expand the Arrival and Departure Information System. In addition, $42,000,000 is included to offset the reduction caused by the Congressional Budget Office's re-estimate of Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) fee receipts collected under the United States-Colombia Trade Promotion Agreement Implementation Act of 2011. Citing the findings of the CBP Workload Staffing Model, which projects more than 472 million land, sea, and air passengers traveling to the U.S. in 2015, and trade volumes exceeding more than 24,000,000 cargo containers, the President proposed adding a second installment of 2,000 CBPOs in fiscal year 2015. To pay for the accompanying costs, the President assumed an increase of $2.00 to both COBRA commercial aircraft and vessel fees and the Immigration User Fee. Though cognizant that increasing the number of CBPOs would mitigate congestion and lengthy passenger wait times at major ports of entry caused by increasing trade and travel volumes and stacked airline arrivals schedules, the Committee has not adopted the President's proposal for the following reasons. First, increasing immigration fees requires the passage of legislation to amend the underlying statute, an action which is outside the jurisdiction of the Committee on Appropriations. Second, because CBP is already engaged in a two-year initiative to hire 2,000 new CBPOs funded in fiscal year 2014, the agency has made clear that it would be unable to begin another hiring initiative until 2016, at the earliest. Third, timesaving innovations like automated passport control kiosks, pre-travel authorizations like the Electronic System for Travel Authorization, automation of customs forms like the I-94 and I- 418, and Trusted Traveler/Trade Programs, have not been fully deployed and could reduce future CBP staffing requirements. Moreover, CBP has yet to develop and publish performance metrics and airport operations plans, as required in fiscal year 2014, that would enable the Committee to determine whether additional officers are having the desired effect of reducing wait times. Until that evidence is presented, the Committee believes it is prudent to wait on funding more CBPOs until performance metrics are established, and data proves categorically that the recommendations of the Workload Staffing Model result in a better travel experience. In addition, the Committee expects CBP to continue to reassess and improve its staffing model to ensure that it fairly and efficiently allocates CBPOs to ports, including those currently without a full time CBPO presence, based on the full panoply of workload factors, and that it appropriately takes into account seasonal variation, the percentage of non- U.S. citizens entering the country, secondary screening rates, and other dynamic workload conditions. The Committee is aware that legislation related to CBP preclearance operations is under review by the House Committee on Homeland Security. Pending action by the Committee on Homeland Security in this area, Title V of the bill continues a provision, identical to section 564 of the Fiscal Year 2014 Department of Homeland Security Appropriations Act, that places limitations on CBP's ability to establish additional preclearance operations. The Committee directs CBP to submit an official report--in classified and unclassified form--to the Committee on Appropriations and the Committee on Homeland Security, with results of current preclearance operations, including information about national security benefits to the United States and, as appropriate, consult with the Department of Transportation on how to fully assess the travel benefits to passengers and the economic impacts on the U.S. airline industry. The unclassified version of the report shall be published on DHS's website. CBP is directed to provide to the Committee and the Committee on Homeland Security, a report on all non-staff innovative technologies that CBP has employed to improve customs processing times, including the effectiveness of those innovations, the locations where they have been implemented, and locations CBP would prioritize for additional systems. The recommendation includes funds for continuing Western Hemisphere Travel Initiative/Land Border Integration efforts, including the expansion of innovative technologies and processes at the land border. These investments both reduce inspection time and enhance security by increasing CBP's ability to vet travelers through national security and law enforcement databases. Resources included in the recommendation are sufficient for CBP to exercise necessary oversight of the U.S. Foreign Trade Zone's new Alternative Site Framework. Instances of transshipment and other forms of customs duty evasion continue to cost U.S. companies and the U.S. Treasury billions of dollars each year. The Committee strongly encourages CBP to implement a process to open, pursue, and close investigations regarding transshipment and duty evasion in a timely way, with the goal of eliminating these forms of unfair trade practices. Finally, CBP is directed to maintain textile transshipment enforcement activities at levels consistent with, or greater than, recent years, and to provide an update on these activities not later than 60 days after the date of enactment of this Act. The Committee directs the Commissioner to post the National Human Trafficking Resource Center hotline email address, text messaging number, and website information at all U.S. ports of entry in English and in Spanish. Illegal wildlife trafficking has become one of the largest illicit trades in the world with links to organized crime and terrorism. Consistent with the National Strategy for Combating Wildlife Trafficking, the Committee encourages CBP to give greater priority to enforcing federal law related to wildlife trafficking and, where practicable, support the U.S. Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, and other law enforcement agencies to better investigate, arrest, and prosecute offenders. The Committee is pleased with the manner in which CBP is supporting the Beyond the Border Action Plan to identify threats as early as possible while facilitating the legitimate movement of people, goods, and services across the shared border between the U.S. and Canada. Two phases of the Cargo Pre-Inspection pilot have been developed and are being tested in three locations. The Committee directs CBP to provide a report on how the initiative is reducing wait times and streamlining the flow of cross-border trade that is vital to both countries' economies by not later than December 1, 2014. International Cargo Screening A total of $68,902,000 is recommended for International Cargo Screening, $271,000 below the amount requested and $1,441,000 above the amount provided in fiscal year 2014. Recently, the Secretary extended by two years a waiver on implementing the 9/11 Act requirement to scan 100 percent of maritime cargo originating in foreign ports prior to lading. The waiver extension reflects the continued technological, financial, and operational challenges involved in achieving this important homeland security capability, and the related difficulty in balancing security with the facilitation of commerce. Unfortunately, it appears unlikely that the 100 percent scanning requirement will be met within the timeframe of the current waiver, and potentially not even during subsequent waiver iterations. Rather than continuing with a maritime cargo security requirement that cannot feasibly be met in the near term, the Committee expects the Department to propose to Congress aggressive, alternative requirements that build on the layered security capabilities achieved to date and which could be realistically achieved within the next two years. In addition, the Department should propose medium- and long-term goals, including the expansion of scanning capability at high-risk foreign ports, along with a plan for achieving those goals. The Committee is concerned about the risks associated with cargo theft and counterfeiting. To mitigate these risks, the Committee urges the Department to continue to evaluate the overall benefits of utilizing electronic cargo security and tracking technologies, to include those which track, trace, and verify in real time the location and chain of custody of cargo moving throughout the global supply chain, from point of origin to destination and via intermodal transport. Customs-Trade Partnership Against Terrorism The Committee recommends $40,619,000 for the Customs-Trade Partnership Against Terrorism (C-TPAT), $222,000 below the amount requested and $293,000 below the amount provided in fiscal year 2014. CBP employs a multi-layered approach to maritime cargo security, including the screening of maritime cargo and the targeting of high-risk cargo for scanning and inspection through the Container Security Initiative. In addition, through the C-TPAT program, CBP has certified more than 10,000 shipping and manufacturing partners that adhere to supply chain security requirements and are the source of more than 50 percent of the total value of imports to the U.S. As initially conceived in 2002, CBP's flagship customs- business partnership program was aimed at safeguarding the world's trade industry from terrorists and weapons of mass effect while expediting the flow of legitimate trade into the United States. Since its creation in 2002, the program has expanded to include importer safety compliance through an Importer Self-Assessment. Despite having made significant headway, the Committee believes more can be done, especially with cargo subject to safety inspections required by other agencies. Consequently, CBP is directed to continue its work with other agencies, such as the U.S. Food and Drug Administration and the Consumer Products Safety Commission, to provide the trade community with clear guidelines for what constitutes low-risk shippers and shipments, including the possibility of a certified importer program. Any new pilot project or program to promote efficient movement of trade must include a rigorous compliance review component, including regular audits. CBP is directed to brief the Committee on its efforts not later than December 1, 2014. Trusted Traveler Programs The Committee recommends $5,811,000 for Trusted Traveler Programs as requested, which is the same as the amount provided in fiscal year 2014. CBP is commended for the success of the Global Entry Program, which is responsible for reducing the time to process international passengers arriving in the United States. Greater benefits can be achieved by expanding the program within the U.S. and at international airports in countries willing to enter into reciprocal agreements. CBP, in consultation with the Department of State, is directed to brief the Committee not later than 90 days after the date of enactment of this Act on the Department's efforts to expand international enrollment, including potential impediments to these efforts. Inspection and Detection Technology Investments A total of $126,811,000 is for Inspection and Detection Technology Investments, $2,945,000 above the amount requested and $14,807,000 above the amount provided in fiscal year 2014. As requested by the President, the recommendation includes funds sufficient to recapitalize aging large and small scale Non-Intrusive Inspection (NII) systems and to maintain the existing assets deployed in the field. The Committee directs CBP to provide an update to the Committee not later than 90 days after the date of enactment of this Act on the effectiveness of NII technology at ports of entry, including any seizures resulting from NII exams, and to provide the anticipated schedule for updating and replacing the NII technology as it approaches the end of its useful life. In addition to the request, the Committee recommends $3,000,000 to support the deployment of a Biometric Exit Mobile application at two airports in 2015 as part of a demonstration project. This ground-breaking application should enable tactical CBPO teams to collect biometrics using handheld devices from a statistically significant sample of foreign nationals departing the United States in the airport jet bridge. Deploying the targeted solution will allow CBP to augment current outbound hotlist operations, measure effectiveness of biometric exit systems, and create a deterrent for overstays, criminals, and imposters. More importantly, the project will provide significant data to CBP's on-going biometric research and development efforts, and could result in an earlier deployment of biometric exit capability. National Targeting Center The Committee recommends $79,123,000 for the National Targeting Center (NTC), $8,531,000 above the amount requested and $14,017,000 above the amount provided in fiscal year 2014. TCOs continue to pose a real threat to our national security, border security, public safety, and lawful trade and travel. A more refined and comprehensive approach to defeating these illicit networks is required to stop them from exploiting the seams inherent in the world's commercial flows of trade and travel. Consequently, the Committee recommends $9,000,000 for an advanced analysis and visualization tool to support counter- network cells at the NTC and border security efforts in the field. This increase supports three elements: a focused analytics office for data science and intelligence analysis; an advanced analytic tools suite to better understand and define TCO networks; and hardware and visualization systems to enable collaborative multi-agency projects to target priority threats. Training For Training, the Committee recommends $33,880,000, which is $26,000 below the amount requested and $6,823,000 below the amount provided in fiscal year 2014. The Committee expects CBPOs and Border Patrol agents to act with the utmost professionalism with the public, and training is critical to success. Consequently, the Commissioner is instructed to review training manuals and coursework, incident reporting and auditing, and complaint review processes to ensure that staff is trained to perform at the highest levels of professionalism when working with and responding to the public and local communities. Not later than 60 days after the date of enactment of this Act, CBP shall provide an update to the Committee on the findings of this review. Border Security and Control Between Ports of Entry The Border Security and Control Between Ports of Entry PPA provides the funds necessary to enable the Border Patrol to secure America's borders. This responsibility is accomplished by preventing terrorists and terrorist weapons, people, and contraband from entering the U.S. illegally between the ports of entry, and by disrupting and degrading the activities of TCOs. The Committee recommends $3,969,845,000 for Border Security and Control between Ports of Entry, $31,222,000 above the amount requested and $239,051,000 above the amount provided in fiscal year 2014. The amount supports a Border Patrol force of 21,370 agents and the enablers necessary to support their frontline missions. The ``risk'' of illegal border incursions is a critical indicator of assessing border security. To measure risk, the Border Patrol has developed a methodology that utilizes three key data sets: intelligence community estimates, risk indicators and metrics, and situational awareness. The data gathered is linked to the interdiction effectiveness rate, which measures the percent of detected illegal entrants who are apprehended or turned back after illegally entering the U.S. between ports of entry. After assigning the level of risk to a region, the Border Patrol is able to make decisions to deploy, redeploy, or surge resources as threats migrate to other areas. These decisions inform the Border Patrol's budget requirements more intelligently. Though refinements to this methodology continue, the Committee directs CBP to provide a State of the Border briefing not later than 15 days after the submission of the President's budget request. Border Security and Control The Committee recommends $3,913,454,000 for Border Security and Control, $31,439,000 above the amount requested and $238,218,000 above the amount provided in fiscal year 2014. The recommendation, which is almost entirely pay and compensation, includes a $15,000,000 decrease due to better management and oversight of the use of administratively uncontrollable overtime. As requested, $11,000,000 is included to develop organic capability to develop and operate the National Border Geo-Intelligence Strategy, which will enhance situational awareness of the border. CBP is directed to report to the Committee not later than 90 days after the date of enactment of this Act on how the data collected from this project assists CBP, which DoD organizations participate in the program, and whether future efforts will include other government organizations. In addition to the request, $499,000 is included for a Horse Patrol Unit to be targeted at border areas with significant border activity. The Committee directs the Department to continue issuing statistics on the number of individuals held in custody by CBP, including all Border Patrol stations, checkpoints, and short- term custody facilities (defined as facilities used to hold individuals for 72 hours or less). For all individuals detained at any of the facilities used for short-term custody, these statistics shall consist of country of origin, age, sex, detention duration, and the circumstances of release or transfer from custody, including whether a detainee died in CBP custody. The Committee directs the Department to publish these statistics in its annual statistical yearbook. Additionally, the Committee directs CBP to update the Committee not later than 60 days after the date of enactment of this Act on the standards governing the conditions of custody and the oversight mechanisms CBP employs to monitor short-term detention conditions and lengths of detention. The Committee also directs CBP to work with ICE to establish efficient procedures for processing and transferring individuals from short-term custody to ICE detention. The Committee directs CBP to report to the Committee within 14 days of the death of any individual in CBP custody or the death of any individual subsequent to the use of force by CBP personnel, including relevant details regarding the circumstances of the fatality. In addition, CBP shall report annually on the status or results of ongoing investigations related to such deaths, with the first report due not later than 30 days after the date of enactment of this Act. Recognizing that repatriation agreements are bi-lateral in nature, the Committee expects DHS to repatriate removable individuals in a manner that ensures their safety. For instance, CBP and ICE should repatriate incapacitated persons, unaccompanied minors, pregnant women, and other vulnerable individuals only during daylight hours, make reasonable efforts to inform Mexican authorities in advance of repatriating vulnerable individuals, avoid removing individuals via entry/ exit points on the U.S.-Mexico border where their safety could be threatened, and, to the extent practicable, avoid separating family members during the deportation process. The Committee directs the Department to review its current repatriation practices and policies, and brief the Committee not later than 180 days after the date of enactment of this Act on the results of that review, including the need for any additional measures to ensure that deportations are conducted safely. The Committee directs the Border Patrol to assure Border Patrol Search, Trauma, and Rescue personnel have resources sufficient to provide necessary medical aid and to reduce the incidence of deaths. The Committee recommends that CBP work with civil society organizations in the region to conduct rescue operations, and construct and maintain rescue beacons to identify and locate persons in remote areas. The Committee is aware of concerns about the use of force by Border Patrol agents and CBPOs. In late 2012, CBP initiated an internal review of use of force incidents and an external review of use of force policies by the Police Executive Research Forum (PERF). Earlier this year, the Department made public its use of force policies and the Border Patrol distributed a directive to agents on the use of safe tactics and techniques with regard to use of force. In addition, the OIG released a report in September 2013 on CBP's use of force incidents and policies. The Committee directs CBP, not later than 60 days after the date of enactment of this Act, to update the Committee on its progress in implementing recommendations from the internal, PERF, and OIG reports. The Committee notes that, unlike many law enforcement agencies, CBP officers and Border Patrol agents do not use dashboard and officer mounted video cameras, such as lapel video recording devices, to record encounters with the public. Such recording devices can be useful in discouraging inappropriate conduct by law enforcement officers and have also exonerated officers accused of wrongdoing. The Committee is encouraged by CBP's plans to conduct a pilot program to evaluate the use of these technologies and directs CBP to report to the Committee on its findings within 60 days of the completion of the pilot. AUTOMATION MODERNIZATION Appropriation, fiscal year 2014....................... $816,523,000 Budget request, fiscal year 2015...................... 812,410,000 Recommended in the bill............................... 810,169,000 Bill compared with: Appropriation, fiscal year 2014................... -6,354,000 Budget request, fiscal year 2015.................. -2,241,000 Mission The Automation Modernization appropriation provides funds for information technology support to CBP frontline personnel. Recommendation The Committee recommends $810,169,000 for Automation Modernization, $2,241,000 below the amount requested and $6,354,000 below the amount provided in fiscal year 2014. The recommendation sustains funds necessary to maintain information technology and targeting systems critical to CBP's mission. The Committee directs semi-annual briefings on the modernization of TECS and ACE. A comparison of the budget estimate to the Committee recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget estimate Recommended ------------------------------------------------------------------------ Information Technology............ $365,700,000 $363,594,000 Automated Targeting Systems....... 109,273,000 109,230,000 Automated Commercial Environment 141,061,000 140,970,000 (ACE)/International Trade Data System (ITDS).................... Current Operations Protection and 196,376,000 196,375,000 Processing Support (COPPS)....... ------------------------------------- Total......................... $812,410,000 $810,169,000 ------------------------------------------------------------------------ BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY Appropriation, fiscal year 2014....................... $351,454,000 Budget request, fiscal year 2015...................... 362,466,000 Recommended in the bill............................... 412,466,000 Bill compared with: Appropriation, fiscal year 2014................... +61,012,000 Budget request, fiscal year 2015.................. +50,000,000 Mission The Border Security Fencing, Infrastructure, and Technology (BSFIT) account funds technology and tactical infrastructure solutions to enhance CBP's situational awareness of the borders and its ability to respond to and resolve illegal activity. Recommendation The Committee recommends $412,466,000 for BSFIT, $50,000,000 above the amount requested and $61,012,000 above the amount provided in fiscal year 2014. This recommendation reflects the Committee's strong support of deploying border security technology that is operationally appropriate, agile, and cost-effective. A comparison of the budget estimate to the Committee recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget estimate Recommended ------------------------------------------------------------------------ Development and Deployment........ $110,594,000 $138,094,000 Operations and Maintenance........ 251,872,000 274,372,000 ------------------------------------- Total......................... $362,466,000 $412,466,000 ------------------------------------------------------------------------ Development and Deployment The recommendation includes $138,094,000 for Development and Deployment, $27,500,000 above the amount requested and $22,341,000 below the amount provided in fiscal year 2014. As requested, the recommendation includes $90,000,000 for Mobile and Remote Video Surveillance Systems (MVSS and RVSS), and the following increases above the request: $7,500,000 for logistics support for 22 MVSSs; $10,000,000 to plan and make infrastructure improvements necessary to any deployment of upgraded RVSS technology; and $10,000,000 for Unattended Ground Sensors (UGS)/Imaging Sensors, a Cross Border Tunnel Threat analysis of alternatives, and a communications study. UGS are a key component of our border security strategy. In September 2012, the Border Patrol proposed a communications study to assess and resolve frequency saturation issues as well as infrastructure and communications backhaul issues. The study was placed on hold due to budgetary constraints. This increase provides the resources necessary to resume this study to inform the future state of the UGS program. CBP is directed to continue providing weekly notifications on procurement actions related to technology investments until all initial contract awards have been made. Operations and Maintenance For Operations and Maintenance, the Committee recommends $274,372,000, which is $22,500,000 above the request and $83,353,000 above the amount provided in fiscal year 2014. Included in the recommendation are funds sufficient to maintain tethered aerostats. CBP is directed to ensure that any data gathered by the fleet is transmitted to AMOC so it can be used to provide situational awareness and to support the timely interdiction of illegal crossings. In addition to the request, the Committee recommends $20,000,000 for re-purposed DoD equipment or capabilities, including various aerostat systems. As part of the obligation and expenditure plan mandated in Title V, CBP is directed to: 1) describe how the funds will be used; 2) focus on technologies in areas of the border with the most critical needs for the technology; and 3) notify Congress within 10 days of any changes to the obligation and expenditure plan. In addition, $2,500,000 is recommended to support the increased operations and maintenance costs of the MVSS fleet. Ultra-Light Aircraft Detection (ULAD) is a non- developmental radar system that can detect small, low flying aircraft. It covers gaps where traditional radars might not detect threats like ultralights or small, low flying aircraft. The Committee encourages CBP to retain this one-of-a-kind system because it provides CBP and DHS with a unique detection capability against an elusive threat. AIR AND MARINE OPERATIONS Appropriation, fiscal year 2014....................... $805,068,000 Budget request, fiscal year 2015...................... 708,685,000 Recommended in the bill............................... 787,849,000 Bill compared with: Appropriation, fiscal year 2014................... -17,219,000 Budget request, fiscal year 2015.................. +79,164,000 Mission CBP's Office of Air and Marine (OAM) provides integrated air and marine forces for air and marine interdiction, law enforcement, and national border domain security. Recommendation The Committee recommends $787,849,000 for Air and Marine Operations, $79,164,000 above the amount requested and $17,219,000 below the amount provided in fiscal year 2014. OAM's mission is critical to the operational success of DHS. Therefore, the cuts proposed by the President strain credulity and undermine the Administration's representations that they have fully funded operational needs. Two areas cause considerable concern for the Committee. First, it is inconceivable that OAM operates without a valid flying hour program and an effective logistics maintenance system. In a March operations update, OAM revealed these capability gaps, stating that it would not execute the 107,000 hours for which funds were appropriated in fiscal year 2014. The reasons for the operational slide include: temporarily grounding three types of aircraft because of unexpected mechanical failures, bad weather, maintenance, and supply problems; operating under the uncertainty of a continuing resolution; and stacking up aircraft for routine maintenance. Many of these problems could have been averted with appropriate systems, controls, and training. To reiterate, OAM's mission is critical to the success of DHS; consequently, the organization must be resourced and managed with all necessary tools to be a professional and operational air support unit. For these reasons, the Committee directs OAM to work with Under Secretary for Management to develop a comprehensive flying hour program that enables OAM to calculate, track, and establish readiness rates for each type of aircraft in the inventory. The program should be based on operational requirements and include training and logistics maintenance strategies that are supported in the budget request. To the degree appropriate, existing Coast Guard programs should be used as models to leverage lessons learned and assure DHS and Congress are able to compare budget assumptions, requests, and availability/readiness rates. Second, the Committee considers AMOC to be an asset, critical to fulfilling the national imperative for an air and marine domain awareness node that is capable of sharing and synchronizing information across DHS components, the government writ large, and appropriate foreign partners. For reasons rooted in DHS's history, AMOC has been minimalized to such a point that its budget is not even reflected in CBP's voluminous and rhetoric-filled budget justifications. To increase the visibility of AMOC's mission and budget requirements, the Committee establishes a separate AMOC PPA. Additional guidance can be found later in this report. Currently, CBP's UAS fleet utilizes multiple, costly air and ground assets to meet Federal Aviation Administration guidance to detect and track all airspace users so a pilot can perform self-separation maneuvers to remain well clear of other aircraft and avoid collisions. The Committee recommends that OAM review whether less costly sense and avoid options can be incorporated onto the UAS, including commercial-off-the-shelf products. In November 2012, the Government Accountability Office issued a report (GAO-13-56) regarding the circumstances under which DHS could integrate the Civil Air Patrol into homeland security missions and objectives, particularly those related to border security support. DHS's assessment is long overdue. Consequently, the Committee directs DHS to complete the report and provide it to the Committee not later than 30 days after the date of enactment of this Act. The Committee is aware of concerns about encounters between CBP personnel and general aviation pilots, and is encouraged by CBP's decision to conduct a comprehensive review of law enforcement activity related to general aviation flights. CBP shall brief the Committee on the results of the review upon its completion. The Committee encourages CBP to continue to work cooperatively with general aviation stakeholders to ensure open communication with efforts involving general aviation law enforcement activities. A comparison of the budget estimate to the Committee recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget estimate Recommended ------------------------------------------------------------------------ Salaries and Expenses*............ $293,016,000 $275,838,000 Operations and Maintenance*....... 362,669,000 393,243,000 Procurement....................... 53,000,000 75,020,000 AMOC.............................. - - - 43,748,000 ------------------------------------- Total......................... $708,685,000 $787,849,000 ------------------------------------------------------------------------ *Includes fiscal year 2014 enacted and fiscal year 2015 request for AMOC. Salaries and Expenses The Committee recommends $275,838,000 for Salaries and Expenses, $17,178,000 below the amount requested and $10,980,000 below the amount provided in fiscal year 2014. Changes to the request include an increase of $3,000,000 for costs associated with flying additional hours and an $18,062,000 transfer to the new AMOC PPA. DHS is directed to provide an analysis of personnel requirements to ensure AMOC is fully staffed by not later than 60 days after the date of enactment of this Act. Operations and Maintenance The Committee recommends $393,243,000 for Operations and Maintenance, $30,574,000 above the amount requested and $1,243,000 above the amount provided in fiscal year 2014. To fill gaps in the President's request, the recommendation includes: $24,550,000 to increase flight hours from 73,474 to 95,000; $3,000,000 for Multi-Role Enforcement Aircraft (MEA) spare parts; $5,200,000 to support Minotaur systems; $2,360,000 for riverine vessel EO-IR cameras; $2,300,000 for 14 riverine shallow draft vessels; $4,800,000 for aircraft down-link relay stations; $2,000,000 to upgrade UAS Ground Control Stations; $3,000,000 to upgrade Mongoose aircraft; and $1,750,000 to upgrade UAS facilities. A total of $10,386,000 is transferred to the new AMOC PPA, and $8,000,000 is rescinded from prior year appropriations due to under-execution of flying hours. The Committee notes that training is critical for all UAS operators, and urges OAM to review the existing training program for any gaps. Procurement The Committee recommends $75,020,000 for Procurement, $22,020,000 above the request and $51,230,000 below the amount provided in fiscal year 2014. As requested, $43,700,000 is included for two King Air 350CER MEA and $9,300,000 for various sensor upgrades. In addition to the request, the Committee recommends a $3,000,000 increase for two C206 Night Owls; $15,200,000 for 14 additional aircraft sensors; $1,700,000 for analysts and 100 sensor nodes to enable AMOC to connect to Joint Interagency Task Force-South (JIATF-S) in order to meet DHS's domestic aviation requirements; and $2,120,000 to outfit 23 riverine vessels with forward looking infrared radar (FLIR). Before accepting additional UH-60s from the U.S. Army, DHS and OAM are directed to conduct a business case analysis that includes a life-cycle cost estimate and an analysis of alternatives. Despite initial concerns that the President's request failed to provide funds needed to complete the buyout of the P- 3 service life extension program, the Committee is assured that the upgrades on the last two aircraft will be completed with prior year appropriations. OAM is directed to update the Committee on progress toward completing this program. Air and Marine Operations Center The Committee recommends $43,748,000 for AMOC, $15,300,000 above the amount requested. Increases include: $5,900,000 to boost air surveillance operations from 60 percent to 95 percent; $7,000,000 for necessary communication system upgrades that will ensure AMOC can connect with OAM air and marine assets; $1,100,000 for upgrades to and maintenance of various surveillance systems, circuits, and equipment, including the Air and Marine Operations Surveillance System (AMOSS); and $1,300,000 for PED Cell and AMOSS enhancements. This recommendation also fills a critical and surprising capability gap for SIPRnet hardware to enable AMOC to receive classified feeds and air tracks from other governmental organizations. Using advanced technologies and surveillance capabilities, AMOC unifies data from state of the art law enforcement radars into a common operating picture of the air, land, and maritime domains that can be shared with federal, state, and local law enforcement organizations. As such, AMOC is truly a national asset and, if properly resourced and empowered, can provide actionable intelligence and information to a range of partners across the U.S. government and overseas. For years, AMOC's charter has languished in unnecessary DHS bureaucracy. Despite its critical mission to establish comprehensive domain awareness, AMOC has been chronically under-funded and its mission remains unchartered. Currently, a proposed charter institutionalizing AMOC's missions and establishing its roles and responsibilities is in the Secretary's office waiting for a final decision. If the charter is not signed within 60 days of the enactment of this Act, the Secretary is directed to provide a report to the Committee that describes viable options with the same level of capability of the AMOC, the associated costs of the options, and the length of time it will take to study and implement them. The report shall be provided to the Committee not later than 60 days after the date of enactment of this Act. CONSTRUCTION AND FACILITIES MANAGEMENT Appropriation, fiscal year 2014....................... $456,278,000 Budget request, fiscal year 2015...................... 482,205,000 Recommended in the bill............................... 484,487,000 Bill compared with: Appropriation, fiscal year 2014................... +28,209,000 Budget request, fiscal year 2015.................. +2,282,000 Mission The Construction and Facilities Management account provides resources for critical facilities associated with infrastructure and personnel, including Border Patrol stations, checkpoints, temporary detention facilities, mission support facilities, training facilities, and CBP-owned ports of entry. Recommendation The Committee recommends $484,487,000 for Construction and Facilities Management, $2,282,000 above the amount requested and $28,209,000 above the amount provided in fiscal year 2014. The Committee encourages CBP to work with real estate and finance experts before releasing its plan for moving forward with public-private partnership projects by not later than July 16, 2014. On an annual basis, CBP is directed to submit an inventory of real property describing the physical condition of each facility and recapitalization plans. As a component of the budget justifications, CBP is directed to provide a description of each actual or planned construction and major renovation project, a cost estimate of the initiatives, a description of existing conditions and how the project will eliminate or ameliorate them, and the estimated costs of routine maintenance. To the extent practicable, CBP is urged to consider recommendations about construction design from existing, border-proximate businesses. Finally, CBP is directed to work with the General Services Administration (GSA) to prioritize funds for projects critical to improving border security and facilitating trade and travel into and out of the United States. A comparison of the budget estimate to the Committee recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget estimate Recommended ------------------------------------------------------------------------ Facilities Construction and $385,137,000 $388,700,000 Sustainment...................... Program Oversight and Management.. 97,068,000 95,787,000 ------------------------------------- Total......................... $482,205,000 $484,487,000 ------------------------------------------------------------------------ U.S. Immigration and Customs Enforcement Recommendation The Committee's recommendation promotes the goals of: enforcing immigration and customs laws; investigating and dismantling transnational criminal organizations, including those that traffic and smuggle narcotics, weapons, people-- especially children, and other contraband into the United States; ascertaining facts about the composition of the detained and non-detained alien population, their legal claims, and the length of time required to resolve their immigration cases; screening 100 percent of visa applications; right-sizing the investigative and enforcement workforces; and encouraging the development of an effective deterrence program. Reports Required Annually The Committee directs ICE to provide the following reports. Additional explanation of the required contents of each submission can be found at the appropriate place in the report or in Title V of the bill. Annual obligation and expenditure plans and quarterly updates; Budget justification material for all acquisitions over $250,000; Comprehensive quarterly updates on investigative and enforcement operations, to include the following information and providing for each category a comparison of current year-to-date activity with year-end totals and year-to-date activity from the prior year: Arrests, indictments, and convictions, including prior removal cases (8 U.S.C. 1326); and removals and returns; Worksite enforcement activity, indictments, I-9 inspections, final orders, and fines collected; Seizures of narcotics, weapons, ammunition, currency, and of goods in violation of intellectual property rights (IPR); Indictments and convictions for narcotics smuggling, IPR violations, and harboring illegal aliens; Visa overstays by country and visa type, including the number identified and targeted for enforcement as posing a public safety and/or national security threat; Demographic information on the detained, Alternatives to Detention (ATD), fugitive, and non-detained populations of aliens in removal proceedings, including a description of the level of criminality (Level I, II, or III) or non-criminal enforcement priority category, and average length of time in each form of detention or non-detention; ATD compliance rates segmented by full service and electronic monitoring; and Removals of parents of U.S. citizen minors; A quarterly update on jurisdictions that fail to honor ICE detainers, the number of detainers not honored by each such jurisdiction during the quarter, and the level of criminality or non-criminal enforcement priority category of the resulting fugitives; Monthly reports on the average daily population in detention and ATD, including detail regarding the level of criminality or non-criminal enforcement priority; Immediate notification of any death of an individual in ICE custody, including details regarding the circumstances of the death; and Notifications when individuals are released from detention due to budgetary reasons. SALARIES AND EXPENSES Appropriation, fiscal year 2014....................... $5,229,461,000 Budget request, fiscal year 2015...................... 4,988,065,000 Recommended in the bill............................... 5,454,826,000 Bill compared with: Appropriation, fiscal year 2014................... +225,365,000 Budget request, fiscal year 2015.................. +466,761,000 Mission ICE is responsible for enforcing immigration and customs laws by investigating, detaining, and prosecuting criminals and aliens who violate customs or immigration laws and pose a risk to national security and public safety. Recommendation The Committee recommends $5,454,826,000 for Salaries and Expenses, $466,761,000 above the amount requested and $225,365,000 above the amount provided in fiscal year 2014. The recommendation restores funds for activities related to a continued requirement in the bill to maintain a level not less than 34,000 detention beds, rectifies a longstanding disparity in workforce pay that has gone unaddressed since ICE was formed by the merger of Immigration and Naturalization Service and Treasury staff, and starts to rebalance the ratio of special agents to investigative support staff. In 2013, 36,007 aliens with criminal records were released from ICE detention and placed on bond, order of recognizance, order of supervision, ATD, or parole. These releases were either at the discretion of ICE officers based on assessments of flight risk and risk to public safety; as a result of an order from an immigration judge from the Executive Office for Immigration Review at DOJ; or because a release was required under the Zadvydas Supreme Court decision, which applies to long-term detainees with removal orders for whom ICE can find no country willing to accept them. Despite numerous congressional inquiries, however, ICE has still not been able to provide details regarding the specific circumstances of each of these releases from detention. ICE is directed to expeditiously provide a report of its official findings regarding the circumstances of each of these releases from detention and to post the findings on its public- facing website. The Committee also directs ICE to immediately evaluate its oversight mechanisms for release determinations to ensure that ICE uses its discretion to release criminal aliens from detention only under appropriate legal and policy circumstances, and that such releases pose no significant risks to the community. In addition, DHS is directed to work with DOJ to develop a means of publishing the results of their respective dispositions and making them available to the public, and to provide a joint briefing on progress within 60 days of enactment of this Act. A comparison of the budget estimate to the Committee recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget estimate Recommended ------------------------------------------------------------------------ Headquarters Management and Administration Personnel Compensation and $198,602,000 $188,030,000 Benefits, Services, and Other Costs........................ Headquarters Managed IT 150,927,000 147,400,000 Investment................... ------------------------------------- Subtotal, Headquarters 349,529,000 335,430,000 Management and Administration........... Legal Proceedings................. 214,731,000 216,393,000 Investigations Domestic Investigations....... 1,644,552,000 1,720,000,000 International Investigations International Operations.. 101,228,000 105,545,000 Visa Security Program..... 31,854,000 59,228,000 ------------------------------------- Subtotal, 133,082,000 164,773,000 International Investigations....... ------------------------------------- Subtotal, Investigations.. 1,777,634,000 1,884,773,000 Intelligence...................... 77,045,000 76,479,000 Enforcement and Removal Operations Custody Operations............ 1,791,913,000 2,006,036,000 Fugitive Operations........... 131,591,000 154,462,000 Criminal Alien Program........ 322,407,000 364,892,000 Alternatives to Detention..... 94,106,000 94,477,000 Transportation and Removal 229,109,000 321,884,000 Program...................... ------------------------------------- Subtotal, Enforcement and 2,569,126,000 2,941,751,000 Removal Operations....... ------------------------------------- Total, Salaries and $4,988,065,000 $5,454,826,000 Expenses............. ------------------------------------------------------------------------ Headquarters Management and Administration The Committee recommends $335,430,000 for ICE Headquarters Management and Administration, $14,099,000 below the amount requested and $287,000 below the amount provided in fiscal year 2014. A reduction of $6,991,000 is recommended to partially offset significant shortfalls in the President's budget request caused by unauthorized increases in various fees accounts, unjustified reductions to essential frontline operations, and repeated failures to comply with statutory requirements. Legal Proceedings The Committee recommends $216,393,000 for Legal Proceedings, $1,662,000 above the amount requested and $10,809,000 above the amount provided in fiscal year 2014. As requested, the recommendation includes funds to hire 12 full- time personnel to process the current and projected workload associated with Freedom of Information Act requests. The recommendation also increases the PPA by $3,500,000 above the request to hire 26 additional attorneys to help expedite the immigration court docket. Investigations The Committee recommends $1,884,773,000 for Investigations, $107,139,000 above the request and $81,271,000 above fiscal year 2014. Domestic Investigations Domestic Investigations enforces trade and immigration laws by investigating activities, persons, and events that may pose a threat to the safety or security of the United States and its people. The program also investigates illegal trafficking in weapons (including weapons of mass destruction), the smuggling of narcotics and other contraband, human smuggling and trafficking, money laundering and other financial crimes, fraudulent trade practices, identity and benefit fraud, child exploitation, and health and public safety dangers. The Committee recommends $1,720,000,000 for Domestic Investigations, $75,448,000 above the request and $47,780,000 above fiscal year 2014. The increase includes $5,750,000 to annualize the costs of the congressionally mandated increase to HSI for fiscal year 2014 and $82,139,000 to stem current personnel attrition rates and begin re-balancing the ratio of investigators to investigative support staff. During testimony on the fiscal year 2015 budget request, ICE officials reported that personnel attrition since fiscal year 2013 has resulted in lower overall investigative hours, and that the trend is expected to continue because of repeated failures by the Administration to annualize prior year funding increases for additional agents and support staff, and by ICE's hesitance to enhance staffing levels when the budget request for the coming year does not support annualizing new personnel costs. The Committee reminds ICE, DHS, and OMB that failure to spend funds in the manner and for the purpose appropriated by Congress is a de facto impoundment, prohibited by law. Future failures to meet legal obligations will result in severe consequences. To that end, ICE is directed to submit a fiscal year 2016 budget request that includes funds sufficient to annualize the cost of prior year enhancements. The recommended appropriation level will result in an estimated 328,556 more investigative hours and 2,366 additional enforcement actions. Critical mission areas like child exploitation, human trafficking, counter-proliferation, and gang enforcement will receive increased attention and, though enforcement outcomes cannot be accurately projected, criminal arrests, indictments, and/or convictions should increase significantly. ICE is directed to develop a workforce model to better inform requirements for agents and mission support. Within the increase recommended, ICE shall allocate not less than $20,000,000 above the current levels for child exploitation investigation activities at ICE's Cyber Crime Center, including the Victim Identification Program and the Human Exploitation Rescue Operative (HERO) Child-Rescue Corps, and for the Angel Watch program. The Committee directs ICE to provide a plan for expenditure of these funds in accordance with the requirement for a Department-wide plan for obligation and expenditure contained within Title V of this Act. To support the Committee's goals of eradicating human smugglers and traffickers, especially those who trade in children, ICE is directed to continue to implement its Illicit Pathway Attack Strategy to combat networks facilitating these heinous crimes. ICE should focus on organizations and networks that present the greatest risk to national security, including criminal organizations that smuggle special interest aliens and vulnerable populations. Not less than $15,000,000 is provided for the National Intellectual Property Rights Coordination Center (NIPRCC). The Committee notes and commends the enforcement work by ICE and the NIPRCC to crack down on the illegal sale and distribution of counterfeit goods and unauthorized copyrighted content on the internet. CBP and ICE are directed to jointly brief the Committees about ongoing efforts to improve commercial trade enforcement and protect IPR through the work of the NIPRCC. The Committee directs the ICE Director to work jointly with the Attorney General to assess cross-border violence and performance measures collected by inter-agency task forces, particularly along the Southwest border. Not later than 60 days after the date of enactment of this Act, ICE is directed to brief the Committee on the findings of this assessment and provide recommendations for additional resources needed to track and investigate cross-border violence. ICE is directed to maintain textile transshipment enforcement activities at levels consistent with, or greater than, recent years, and to provide an update on these activities not later than 60 days after the date of enactment of this Act. International Investigations The Office of International Affairs (OIA) represents the Department's largest investigative law enforcement presence abroad and helps protect the Nation beyond its borders with 75 offices in 48 countries. Through International Investigations and the Visa Security Program (VSP), OIA works with foreign counterparts to identify and combat criminal organizations before they can adversely impact the United States. The Committee recommends $164,773,000 for International Investigations, $31,691,000 above the request and $33,491,000 above fiscal year 2014. Within the PPA, $105,545,000 is for International Operations and $59,228,000 is for VSP. To cover a shortfall caused by an increase in State Department service fees, the recommendation includes an additional $7,113,000. Additionally, $24,000,000 is included to expand the VSP to 12 high threat countries and $3,500,000 is included to support deployment of the PATRIOT system for visa vetting. The VSP protects the U.S. against terrorists and criminal organizations by preventing foreign nationals who pose a threat to national security from entering or residing within the United States. Using the PATRIOT system to screen every visa application, ICE agents identify and close vulnerabilities in existing immigration and customs processes. Current resources only cover screening for one million of the approximately 12.5 million visa applications submitted annually. The recommendation will increase the number of visas screened to an estimated 2.5 million, with the goal of eventually screening 100 percent of all visa applications. Intelligence The Committee recommends $76,479,000 for the Office of Intelligence, $566,000 less than the amount requested and $2,181,000 above the amount provided in fiscal year 2014. Enforcement and Removal Operations Enforcement and Removal Operations (ERO) is responsible for enforcing our Nation's immigration laws by identifying, apprehending, detaining, and removing aliens who have been adjudicated or otherwise determined to be removable from the United States. The Committee recommends $2,941,751,000 for ERO, $372,625,000 above the amount requested and $156,655,000 above the amount provided in fiscal year 2014. Included in the recommendation is an additional $61,558,000 to support a unified career path and pay parity in the ERO workforce for frontline law enforcement positions. Custody Operations The Committee recommends $2,006,036,000 for Custody Operations, $214,123,000 above the request and $12,266,000 above fiscal year 2014. As requested, the recommendation includes $1,400,000 above fiscal year 2014 to allow ICE to continue training and stakeholder outreach related to the Prison Rape Elimination Act and implementation of the 2011 Performance Based National Detention Standards. An increase of $171,000,000 is included to support ICE's statutory obligation to maintain 34,000 detention beds at an estimated daily cost of $121.38 per bed. ICE is encouraged to utilize facilities in locations that have a cost per detainee that is below the average of the previous fiscal year and that have made modifications and improvements based on ICE guidance. ICE should refrain from developing additional facilities until the current inventory of available detention beds is filled. Finally, ICE is directed to notify the Committee prior to releasing any illegal immigrants in custody due to budgetary reasons, including an explanation of the rationale for such release. Section 287(g) of the Immigration and Naturalization Act authorizes ICE to enter into memoranda of understanding (MOUs) with state and local law enforcement entities, through which ICE delegates limited federal authority to enforce immigration laws within their jurisdictions under ICE's direct supervision. Currently, ICE supports 287(g) MOUs with 37 jails around the country. These agreements serve as an extension of the ICE Criminal Alien Program (CAP) 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. Included in the recommendation is full funding to support all existing 287(g) MOUs. At this time, only 12 of these locations have on-site ICE program managers. Funds are included under CAP to support ten additional program managers and unfunded training requirements for 287(g) officers. Unfortunately, the 287(g) program has become a lightning rod for stakeholders on both sides of the immigration debate, who often do not have a full appreciation for both the value and the limits of the program. Consequently, the program's primary goal--to leverage local law enforcement to provide limited but important support to ICE in enforcing immigration law, particularly with regard to serious criminal offenders-- has been lost in the rhetoric. The Committee encourages ICE to consider how the program can be improved and potentially expanded to better meet its mission, taking into consideration the need for substantial training, careful legal guidance, and strong oversight. Fugitive Operations The Committee recommends $154,462,000 for Fugitive Operations, $22,871,000 above the request and $25,660,000 above fiscal year 2014. In addition to the request, $22,100,000 is provided for additional officers to focus on reducing the fugitive alien backlog of 471,329 fugitives, including criminal aliens, and to re-apprehend violent offenders released from jurisdictions that do not honor ICE detainers. Gaps exist between the CBP system that tracks visa overstays and ICE's system to target fugitive operations. Bridging this gap is an imperative for the Committee. In the fiscal year 2016 budget request, ICE is directed to include a proposal and cost estimate to develop an interface between CBP's Automated Targeting System and ICE's Enforcement Integrated Database. Criminal Alien Program The Committee recommends $364,892,000 for CAP, $42,485,000 above the amount requested and $70,737,000 above the amount provided in fiscal year 2014. As requested, this amount reflects the transfer of Secure Communities to CAP and enhancements to improve the process for data-sharing between the U.S. and international law enforcement partners through the Criminal History Information Sharing program. The Committee is alarmed that more and more state and local law enforcement organizations, as detailed in the table below, are choosing not to honor ICE detainers, resulting in the release of violent criminals that are otherwise deportable from the United States. The Committee recommends an increase of $15,000,000 to mitigate this potential public safety concern. In addition, ICE is directed to develop a means of segmenting the released population by level of criminality and make it available on its website so communities are aware when deportable criminals with violent criminal histories are released onto the streets by local law enforcement organizations. ------------------------------------------------------------------------ Date Criteria for Honoring Jurisdiction (AOR) Enacted Detainer ------------------------------------------------------------------------ Denver County, Colorado (Denver). 4/2014 Will not honor ICE detainer unless accompanied by a criminal warrant or some other form that gives legal authority to hold the individual. Grand County, Colorado (Denver).. 4/2014 Will not honor ICE detainer. Jefferson County, Colorado 4/2014 Will not honor (Denver). ICE detainer. Routt County, Colorado (Denver).. 4/2014 Will not honor ICE detainer. Mesa County, Colorado (Denver)... 4/2014 Will not honor ICE detainer unless criminal charges are pending. San Miguel County, Colorado 4/2014 Will not honor (Denver). ICE detainer unless ICE files an arrest warrant signed by a federal magistrate explaining why an individual should be held. Boulder County, Colorado (Denver) 4/2014 Will not honor ICE detainer unless ICE has an arrest warrant for an individual. Thurston County, Washington 4/2014 Will not honor (Seattle). ICE detainer. Kitsap County, Washington 4/2014 Kitsap County (Seattle). Jail will not honor ICE detainer unless shown an order of deportation signed by a judge. Walla Walla County, Washington 4/2014 Will not honor (Seattle). ICE detainer. Baltimore, Maryland (Baltimore).. 4/2014 Baltimore City Detention Center will honor detainers when an individual: 0 Has a prior felony conviction or has been charged with a felony offense.0 Has three or more prior misdemeanor convictions.0 Has a prior misdemeanor conviction or has been charged with a misdemeanor for an offense that involves violence, threats, or assaults; sexual abuse or exploitation; driving under the influence of alcohol or a controlled substance; among other crimes.0 Otherwise poses a significant risk to national security, border security, or public safety.0 Has an order of deportation or removal from the United States. Wallowa County, Oregon (Seattle). 4/2014Will not honor ICE detainer without court order or warrant. Curry County, Oregon (Seattle)... 4/2014 Will not honor ICE detainer without court order or warrant. Yamhill County, Oregon (Seattle). 4/2014 Will not honor ICE detainer without court order or warrant. Union County, Oregon (Seattle)... 4/2014 Will not honor ICE detainer without court order or warrant. Tillamook County, Oregon 4/2014 Will not honor (Seattle). ICE detainer without court order or warrant. Malheur County, Oregon (Seattle). 4/2014 Will not honor ICE detainer without court order or warrant. Linn County, Oregon (Seattle).... 4/2014 Will not honor ICE detainer without court order or warrant. Jefferson County, Oregon 4/2014 Will not honor (Seattle). ICE detainer without court order or warrant. Josephine County, Oregon 4/2014 Will not honor (Seattle). ICE detainer without court order or warrant. Grant County, Oregon (Seattle)... 4/2014 Will not honor ICE detainer without court order or warrant. Douglas County, Oregon (Seattle). 4/2014 Will not honor ICE detainer without court order or warrant. Coos County, Oregon (Seattle).... 4/2014 Will not honor ICE detainer without court order or warrant. Umatilla County, Oregon (Seattle) 4/2014 Will not honor ICE detainer without court order or warrant. Springfield Police Department, 4/2014 Will not honor Oregon (Seattle). ICE detainer without court order or warrant. Polk County, Oregon (Seattle).... 4/2014 Will not honor ICE detainer without court order or warrant. Lincoln County, Oregon (Seattle). 4/2014 Will not honor ICE detainer without court order or warrant. Lane County, Oregon (Seattle).... 4/2014 Lane County Jail will not honor ICE detainer without a court order or warrant. Jackson County, Oregon (Seattle). 4/2014 Will not honor ICE detainer without court order or warrant. Douglas County, Oregon (Seattle). 4/2014 Will not honor ICE detainer without court order or warrant. Crook County, Oregon (Seattle)... 4/2014 Will not honor ICE detainer without court order or warrant. Wheeler County, Oregon (Seattle). 4/2014 Will not honor ICE detainers for individuals in Northern Oregon Regional Corrections Facility (NORCOR) which has decided to no longer honor detainers. Sherman County, Oregon (Seattle). 4/2014 Will not honor ICE detainers for individuals in NORCOR which has decided to no longer honor detainers. Gilliam County, Oregon (Seattle). 4/2014 Will not honor ICE detainers for individuals NORCOR which has decided to no longer honor detainers. Wasco County, Oregon (Seattle)... 4/2014 Will not honor ICE detainers for individuals in NORCOR which has decided to no longer honor detainers. Hood River County, Oregon 4/2014 Will not honor (Seattle). ICE detainers for individuals in NORCOR which has decided to no longer honor detainers. Marion County, Oregon (Seattle).. 4/2014 Will not honor ICE detainer without court order or warrant. Deschutes County, Oregon 4/2014 Will not honor (Seattle). ICE detainer without court order or warrant. Clackamas County, Oregon 4/2014 Will not honor (Seattle). ICE detainer unless there is probable cause for such detention. Washington County, Oregon 4/2014 Will not honor (Seattle). ICE detainer without court order or warrant Sheriff's office will now only send a daily roster of foreign-born individuals in county custody instead of notifying ICE of each person individually. Multnomah County, Oregon 4/2014 Will not honor (Seattle). ICE detainer without court order or warrant. Philadelphia, Pennsylvania 4/2014 Has a prior (Philadelphia). conviction for a first or second degree felony offense involving violence and the detainer is accompanied by a judicial arrest warrant. Order also prohibits notice to ICE of the pending release of subjects of interest to ICE unless the above criteria is met. Alameda County, California (San January Is in line with Francisco). 2014 AB 4's criteria. Miami-Dade County, Florida December Require (Miami). 2013 agreement from ICE reimbursing costs in honoring detainer; and 0 Convicted of Forcible Felony, as defined in Florida state statute; or0 Is in jail pending a charge of a non- bondable offense. Kings County, Washington DecemberConvicted of a (Seattle). 2013 homicide at any time in the past. Convicted of a violent, serious, sex, or serious traffic offense within the past 10 years. Released from prison after serving sentence for violent, serious, sex, or serious traffic offense conviction, among other criteria. San Francisco, California (San November Convicted of a Francisco). 2013 violent felony within seven years of request; and 0 Determined by magistrate that there is probable cause to believe the individual is guilty of a violent felony and magistrate ordered the individual to answer.Law enforcement has discretion based on evidence of individual's rehabilitation and evaluation of public safety risk. Orleans Parish, Louisiana (New August 2013 Charged with Orleans). first or second degree murder, aggravated rape, aggravated kidnapping, treason, or armed robbery with the use of a firearm. Newark, New Jersey (Newark)...... July 2013 Will not honor ICE detainer requests. New York City, New York (New York May 2013 Convicted of a City). covered crime which is a misdemeanor or felony charge except when such charge relates to the patronizing of a prostitute or certain vehicle and traffic laws. Is a defendant in a pending covered criminal case which is a felony or misdemeanor charge involving a firearm, among other criteria. Has an outstanding criminal warrant. Identified as known gang member. Is a match in the terrorist screening database. Los Angeles, California (Los December Arrested for Angeles). 2012 felony crimes and other serious offenses. Has a prior conviction for a felony offense. Identified as known gang member Berkley, California (San October Arrested for a Francisco). 2012 serious or violent felony. Convicted of a homicide crime or a serious or violent felony within 10 years of the request. Released after having served a sentence for a serious or violent felony within five years of the request. Washington, DC (Washington DC)... July 2012 Require written agreement from ICE reimbursing costs in honoring detainer; and 0 Convicted of a dangerous crime;0 Convicted of a crime of violence within the last 10 years;0 Convicted of a homicide; orReleased in the past five years for these crimes. Chicago, Illinois (Chicago)...... July 2012 Has an outstanding criminal warrant. Convicted of a felony. Is a defendant in a criminal case where a judgment has not been entered and a felony charge is pending. Identified as known gang member. Milwaukee, Wisconsin (Chicago)... June 2012 Convicted of at least one felony or two non-traffic misdemeanor offenses. Convicted or charged with any domestic violence offense or any violation of a protective order. Convicted or charged with intoxicated use of a vehicle. Is a defendant in a pending criminal case. Has an outstanding criminal warrant. Identified as known gang member. Is a possible match on the US terrorist watch list. ------------------------------------------------------------------------ *Source: U.S. Immigration and Customs Enforcement: ``Information on Jurisdictions That Have Implemented Detainer Policies Limiting Cooperation with ICE'' Alternatives to Detention The ATD program places low-risk aliens under various forms of intensive supervision or electronic monitoring, in lieu of detention, to ensure their appearance for immigration hearings and for removal. The Committee recommends $94,477,000 for ATD, $371,000 above the amount requested and $3,033,000 above the amount provided in fiscal year 2014. ICE operates two forms of ATD: an intensive case management program and an electronic monitoring program. The Committee supports the use of effective alternatives to detention for appropriate detainee populations. However, better data on the composition of the ATD population and compliance rates for each program are needed to ensure the program is being appropriately managed. ICE is directed to report on compliance rates of both ATD programs not later than 30 days after the end of the fiscal year. Transportation and Removal Program The Transportation and Removal Program (TRP) provides for safe, secure transportation of aliens in ICE custody and removal of aliens from the United States. The Committee recommends $321,884,000 for TRP, $92,775,000 above the amount requested and $44,959,000 above the amount provided in fiscal year 2014. Included in the recommendation is an increase of $26,000,000 to support the requirement to maintain 34,000 detention beds, and funds to expedite the transfer of CBP-apprehended and detained individuals in high- volume areas along the border. Also included in the recommendation is an increase of $66,831,000 to fund transportation costs associated with the 145,000 UACs that are projected to enter the United States illegally in fiscal year 2015. In addition to the humanitarian concerns for the skyrocketing number of UACs being smuggled across the border, the Committee is concerned about the impact this escalating crisis has on ICE's ability to conduct its critical enforcement duties, as thousands of agent hours are diverted from investigating crimes to transporting children to the nearest available HHS-ORR facility--often hundreds or thousands of miles from the point of apprehension. To address this significant and growing problem, ICE is directed to contract for the transportation services required to transfer UACs to HHS-ORR custody. ICE and CBP are directed to work collaboratively with HHS to develop a joint plan to ensure the HHS-ORR shelter care locations are optimally located near the areas of highest need--currently along the Southwest border-- and to brief the Committee on this plan not later than 15 days after the date of enactment of this Act. The Committee expects DHS to repatriate removable individuals in a manner that ensures their safety. CBP and ICE should make every effort to repatriate incapacitated persons, unaccompanied minors, pregnant women, and other vulnerable individuals during daylight hours, make reasonable efforts to inform Mexican authorities in advance of repatriating vulnerable individuals, avoid removing individuals via entry/ exit points on the U.S.-Mexico border where their safety could be threatened, and, to the extent practicable, avoid separating family membersduring the deportation process. The Committee directs the Department to review its current repatriation practices and policies and brief the Committee within 180 days of enactment of this Act on the results of that review, including the need for any additional measures to ensure that deportations are conducted safely. AUTOMATION MODERNIZATION Appropriation, fiscal year 2014....................... $34,900,000 Budget request, fiscal year 2015...................... 26,000,000 Recommended in the bill............................... 31,100,000 Bill compared with: Appropriation, fiscal year 2014................... -3,800,000 Budget request, fiscal year 2015.................. +5,100,000 Mission The Automation Modernization account funds major information technology projects and operations for ICE. Recommendation The Committee recommends $31,100,000 for Automation Modernization, $5,100,000 above the amount requested and $3,800,000 below the amount provided in fiscal year 2014. An increase of $5,100,000 is recommended for planning and cleaning up financial data in preparation for ICE's planned transition to a consolidated financial management solution. TECS Modernization The Committee directs CBP and ICE to continue semi-annual briefings on TECS modernization efforts. CONSTRUCTION Appropriation, fiscal year 2014................ $5,000,000 Budget request, fiscal year 2015............... - - - Recommended in the bill........................ - - - Bill compared with: Appropriation, fiscal year 2014............ -5,000,000 Budget request, fiscal year 2015........... - - - Mission The Construction account supports maintenance of ICE's owned and directly leased facilities. Recommendation As requested, the Committee recommends no funding for Construction, $5,000,000 below fiscal year 2014. ICE should use available balances to perform critical repairs and alterations to maintain ICE-owned facilities. Transportation Security Administration AVIATION SECURITY Appropriation, fiscal year 2014*...................... $4,982,735,000 Budget request, fiscal year 2015**.................... 5,683,304,000 Recommended in the bill**............................. 5,462,240,000 Bill compared with: Appropriation, fiscal year 2014................... +479,505,000 Budget request, fiscal year 2015.................. -221,064,000*The Federal Air Marshals appropriation was funded as a separate account, outside of Aviation Security, in fiscal year 2014. **Includes the realignment of the Federal Air Marshals appropriation into a single PPA within the Aviation Security appropriation in fiscal year 2015. Mission Aviation Security is focused on protecting the air transportation system against terrorist threats, sabotage, and other acts of violence through deployment of passenger and baggage screeners; detection systems for explosives, weapons, and other contraband; and other, effective security technologies. Recommendation The Committee recommends $5,462,240,000 for Aviation Security, $221,064,000 below the amount requested and $479,505,000 above the amount provided in fiscal year 2014, after accepting TSA's proposal to realign the Federal Air Marshal Service (FAMS) appropriation into a single PPA within TSA's Aviation Security appropriation. The recommendation includes the following reductions to the President's budget request: $26,328,000 from Screener Personnel, Compensation, and Benefits, including the realignment of $3,618,000 to Privatized Screening to support the Screener Partnership Program (SPP); $6,491,000 from Airport Management and Support; and $200,214,000 from FAMS. Funds within the Aviation Security account are partially offset through the collection of security user fees paid by aviation travelers. A comparison of the budget estimate to the Committee recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget Estimate Recommended ------------------------------------------------------------------------ Aviation Security: Privatized Screening.......... $154,572,000 $160,000,000 Screener Personnel, 2,952,868,000 2,926,540,000 Compensation and Benefits.... Screener Training and Other... 226,290,000 224,969,000 Checkpoint Support............ 103,469,000 103,402,000 EDS Procurement and 84,075,000 83,933,000 Installation................. Screening Technology 294,509,000 294,509,000 Maintenance.................. Aviation Regulation and Other 348,653,000 352,571,000 Enforcement.................. Airport Management and Support 591,734,000 585,243,000 Federal Flight Deck Officer & 20,000,000 24,730,000 Flight Crew Training......... Air Cargo..................... 106,920,000 106,343,000 Federal Air Marshals.......... 800,214,000 600,000,000 [Mandatory Aviation Security [250,000,000] [250,000,000] Capital Fund\1\]............. ------------------------------------- Subtotal, Aviation $5,683,304,000 $5,462,240,000 Security................. ------------------------------------------------------------------------ \1\The Aviation Security Capital Fund is not included in the Subtotal for Aviation Security because its budget authority is not provided through annual appropriations and its resources come entirely from user fees. Aviation Security Fees For fiscal year 2015, the Committee applies the CBO estimate for the collection of $2,080,000,000 in aviation security user fees, $570,000,000 below the amount proposed in the budget request, and $40,000,000 below the fiscal year 2014 collection estimate. These fees will be collected from aviation passengers and will partially offset or supplement the annual appropriation for Aviation Security. The Committee estimate does not reflect implementation of the Administration's proposed increase in aviation security fees, which represented $570,000,000 in illusory offsets in the budget request, because necessary new authorization legislation has not been enacted-- legislation that is not under the jurisdiction of the Committee. Because of the Administration's chronic reliance upon fee revenue that is unlikely to be authorized, the Committee has again been forced to reduce the funding for management and administrative offices across Departmental functions. While the Administration is free to propose new sources of revenue as part of its budget, future budget requests should not be constructed on the assumption that such offsetting revenue will be forthcoming. The Committee is aware of the aviation industry's concerns regarding TSA's implementation and collection of the Passenger Civil Aviation Security Service Fees (September 11th Security Fees). Public Law 113-67 simplified the structure of the September 11th Security Fees by requiring that airline passengers be charged on a per-one-way trip basis rather than a per-enplanement basis and it required that changes be implemented by July 1, 2014. The Committee notes that this legislation did not originate within the Committee nor was it enacted via an appropriations bill. Furthermore, any new authorization legislation related to the September 11th Security Fees is outside the jurisdiction of the Committee. The Committee expects TSA to engage its stakeholders and work with the appropriate authorizing committees before implementing these changes. Privatized Screening The Committee recommends $160,000,000 for privatized screening, $5,428,000 above the amount requested and $1,810,000 above the amount provided in fiscal year 2014. The Committee has increased funding to ensure adequate resources are available for the SPP and to encourage TSA to make greater use of the valuable program. Private contract screeners play an important part in TSA's mission to protect the Nation's transportation systems and the Committee continues to believe that TSA has not utilized the SPP to the extent Congress directed. The Committee expects TSA to more proactively utilize the SPP and to expeditiously approve applications of airports seeking to participate in the SPP that meet legislatively mandated criteria. The time taken by TSA to approve applications, issue contract solicitations, and make contract awards is unacceptable. Accordingly, TSA is directed to award applicable SPP contracts not later than 12 months from the date of receipt of such airport applications. Further, the Committee remains concerned with TSA's use, as it is currently construed, of a Federal Cost Estimate (FCE). Using a FCE that utilizes faulty methodology and ignores significant costs to the federal government is unacceptable. The Committee expects TSA to implement generally accepted accounting methodologies for cost and performance comparisons, as described in Public Law 113-76, which includes, but is not limited to, proper, comprehensive, and accurate comparisons of federal employee retirement costs and the administrative overhead associated with federal screening services. TSA is directed to continue providing the Committees semi-annual reports on its execution of the SPP and processing of applications for participation. Screener Personnel, Compensation, and Benefits The Committee recommends $2,926,540,000 for Screener Personnel, Compensation, and Benefits (Screener PC&B), $26,328,000 below the budget request, and $106,986,000 below fiscal year 2014; because of efficiencies associated with risk- based screening, the amount provided is sufficient to sustain the current services level. The Committee continues to support dedicated TSA screener personnel as they strive to ensure the safety of the traveling public and our civil aviation system. The Committee is pleased that TSA has complied with the Committee's direction and included within the budget request for Screener PC&B a reduction of $85,896,000 from the fiscal year 2014 funding level, as a result of savings related to risk-based security measures, and a reduction of $21,910,000 from savings related to the installation of new in-line baggage screening systems. The Committee commends TSA for successfully implementing these congressionally-directed efforts to better focus its resources, improve the passenger experience, and reduce staffing requirements through risk-based security measures. Growth in staffing for checkpoint and related security operations has been effectively tempered by the use of improved technology and more rational, risk-based approaches. As such, a long-standing provision is continued in the bill to limit screener staffing, but is adjusted downward to reflect the staffing efficiencies reflected in the budget request. The Committee encourages TSA and the Department to continue optimizing the balance between technology, risk-based passenger management techniques, and screener personnel. The Committee was disappointed to learn that the Administrator recently made a decision to pursue structural pay reform within the Screener PC&B PPA before notifying the Committee. The cost associated with this structural reform is estimated by TSA to be approximately $20,000,000 in fiscal year 2014, with a projected annual cost of $76,000,000 in fiscal year 2015 and each year beyond. TSA believes that these amounts can be accommodated within the base resources for fiscal year 2014 and the requested appropriation for fiscal year 2015 through cost efficiencies related to risk-based security measures and expedited screening processes. While the Committee credits TSA for achieving efficiencies in fiscal year 2014, it is unclear how savings can be accurately projected for a fiscal year 2015 funding level that has not yet been appropriated. The Committee expects the agency to submit a technical correction to the budget justification reflecting such efficiencies and articulating their impact on the budget request. Accordingly, and to account for carryover anticipated from fiscal year 2014 resulting from risk-based security measures, the Committee rescinds $20,000,000 from Screener PC&B from fiscal year 2014 funds and withholds an additional $76,000,000 from obligation for Screener PC&B in fiscal year 2015, until the Administrator submits, not later than 90 days after the date of enactment of this Act, the following to the Committees on Appropriations of the House and the Senate: a post hoc technical correction to the fiscal year 2015 budget justification with revised justification for Screener PC&B which includes greater visibility on the total estimated savings associated with risk-based security measures; the metrics and analytics used to measure and tabulate such savings; and a proper and comprehensive explanation of the proposed structural pay reform, including revised FTE calculations and a total accounting of the anticipated costs associated with structural pay reform within the Screener PC&B PPA in fiscal year 2015 and the following three fiscal years. The Committee emphasizes that the rescission of fiscal year 2014 PC&B funds will not be reconsidered until the above withholding conditions are fulfilled. The Committee notes that reductions to Screener PC&B are in part offset by increases to the SPP program, reflecting the Committee's belief that there must be a better balance between public and private capabilities. Exit Lanes Public Law 113-67 provided that TSA is responsible for monitoring passenger exit points from the sterile areas of airports at which TSA provided such monitoring as of December 1, 2013. A general provision is included in the bill to affirm this requirement, stating that no funds may be used to require airport operators to provide airport-financed staffing to monitor exit points from the sterile area of any airport at which TSA provided such monitoring as of December 1, 2013. Further, TSA is directed to work closely with its airport stakeholders to actively examine new technologies that provide lower-cost solutions for exit lane security. Screener Training and Other The Committee recommends $224,969,000 for Screener Training and Other, $1,321,000 below the amount requested and $1,888,000 below fiscal year 2014. As the Committee has noted before, given the known threats to aviation security, the Committee expects TSA's Office of Inspection and the DHS OIG to enhance their periodic red team investigations to better emulate the latest threats and identify vulnerabilities to improve screener training and the use of screening technology. TSA must ensure its screeners are trained against the most current threats, and therefore, training should be calibrated to measurably reduce operational and technological vulnerabilities identified by red teams and improve the productivity of screener operations overall. Within the Screener Training and Other PPA, the Committee provides $98,400,000 for Transportation Security Officer Training, $1,200,000 below the budget request and $3,200,000 above the amount provided in fiscal year 2014, reflecting a reduction for Behavior Detection Officer (BDO) Training. Behavior Detection Officers The Committee believes that questions remain over the value of the BDO program, which has not been sufficiently validated and for which few measures have been developed to prove its intrinsic value to the aviation security environment. In November 2013, GAO recommended that Congress limit future funding for the BDO program, concluding, among other things, that available evidence does not support whether the behavioral indicators used in TSA's Screening of Passengers by Observation Techniques (SPOT) program can be used to identify persons who may pose a risk to aviation security. Accordingly, to help ensure that security-related funding is directed to programs that have demonstrated their effectiveness, the bill withholds $25,000,000 from obligation for Headquarters Administration until TSA submits to the Committee, not later than 90 days after the date of enactment of this Act, a report providing evidence demonstrating that behavioral indicators can be used to identify passengers who may pose a threat to aviation security and the plans TSA will put into place to collect additional performance data. Passenger Screening The Committee is aware that parents and guardians traveling with young children present a unique challenge to TSA when a personal search is required of either adults or their minor children. It is particularly important that TSA, while carrying out any pre-boarding inspections of passengers, not separate children from their parents or guardians. The Committee directs TSA to respect the civil rights and privacy of individuals, with particular sensitivity to children traveling with their parents and guardians. Uniforms The Committee directs TSA to provide a report not later than 90 days after the date of enactment of this Act describing in detail how it is complying with the Buy American Act, including what measures it is taking to ensure compliance and the total number of uniforms and screener consumables purchased in fiscal year 2013 and fiscal year 2014. Checkpoint Support The Committee recommends $103,402,000 for Checkpoint Support, $67,000 below the amount requested and $93,000 above the amount provided in fiscal year 2014. The Committee notes that since its inception, TSA has struggled to deploy technologies at passenger screening checkpoints in an effective and efficient manner. In the case of TSA's Advanced Imaging Technology (AIT) systems, GAO reported in January 2012 that TSA did not fully follow DHS acquisition policies when acquiring AIT, which resulted in DHS approving AIT deployment without full knowledge of TSA's revised specifications for the equipment (GAO-12-644T). On March 31, 2014, GAO published a follow-up report, in which it recommended that TSA not purchase next-generation AIT machines until it, among other things, develops a realistic performance schedule, conducts additional testing and data analysis, better measures system effectiveness, and clarifies which office is responsible for overseeing the IED screening checkpoint drills operational directive (GAO-14-357). The Committee is concerned that GAO continues to find significant flaws in TSA's AIT program. The Committee notes that H.R. 2719, the Transportation Security Acquisition Reform Act, which passed the House of Representatives on December 3, 2013, would require TSA to implement acquisition best practices, increase industry engagement, and improve transparency with regard to TSA technology acquisition programs such as AIT. The fiscal year 2015 bill prohibits funds from being used to procure AIT systems and withholds $25,000,000 from obligation for Headquarters Administration until TSA submits to the Committee, not later than 90 days after the date of enactment of this Act, a report addressing each of the recommendations outlined in GAO's March 2014 report and describing the steps TSA is taking to implement acquisition best practices, increase industry engagement, and improve transparency with regard to TSA technology acquisition programs. Explosives Detection Systems Procurement and Installation The Committee recommends $83,933,000 for Explosives Detection Systems (EDS) Procurement and Installation, $142,000 below the budget request and $10,088,000 above the amount provided in fiscal year 2014. The Committee retains bill language added in fiscal year 2012 to permit funds in the Aviation Security Capital Fund to be used for acquisition of new and replacement EDS. The Committee expects TSA will ensure there are sufficient balances in the Aviation Security Capital Fund to support currently known and validated needs for facility build out. Including the existing mandatory Aviation Security Capital Fund of $250,000,000, the total amount available (both mandatory and discretionary) for the procurement and installation of EDS is $333,933,000 for fiscal year 2015. The Committee is aware of TSA's work with airports on the optimization of electronic baggage screening systems to enhance safety and security, improve performance, increase efficiency, and reduce costs associated with in-line EDS, and understands the potential for significant cost savings from the next generation of high-speed EDS. In previous years, the Committee has encouraged TSA to utilize industry best practices and processes and to consider incorporating next generation high- speed EDS that are achieving certain milestones into multi-year design plans, when it is proven to enhance security and reduce long-term costs in the aviation sector. However, the prohibition TSA put in place in August 2013 prevents funding for the design and construction of checked baggage inspection systems using EDS equipment not yet on TSA's Qualified Products List. The Committee directs TSA to lift this prohibition for airports that are more than 12 months from construction and are able to demonstrate, through a cost benefit analysis, that high-speed EDS would be more efficient and result in long term cost savings compared to medium-speed systems. The Committee also encourages TSA to pursue the development and deployment of systems that will increase security at the checkpoint while offering passengers the benefit of reduced divestment, including the development of better EDS and more capable AIT systems with lower false alarm rates, more effective resolution, improved privacy protections, and a means to simultaneously scan shoes for threats. TSA shall ensure all such technology fully complies with applicable laws pertaining to privacy and civil rights. The Committee is aware that while TSA must prioritize its EDS funding for installation and recapitalization, there remain claims from 18 airports for reimbursement for previously incurred eligible costs associated with the construction and deployment of in-line baggage screening systems. The Committee understands some local airports, as a result of not receiving reimbursements, have delayed further security investments, which could be a source of risk in the aviation security environment. The Committee is disappointed that TSA's recent report to the Committees, ``Reimbursement for Costs Associated with In- line Baggage Systems,'' did not outline any specific steps being taken to resolve such claims, as was directed in the explanatory statement that accompanied Public Law 113-76. Reimbursable costs must be prioritized to meet unpaid obligations represented in Letters of Intent and Other Transaction Agreements. The Committee directs TSA to address this issue by establishing a process to resolve such claims expeditiously. Air Cargo, Checkpoint Support, and Explosive Detection Equipment Plans The Committee continues bill language requiring TSA to provide detailed obligation and expenditure plans, not later than 45 days after the date of enactment of this Act, for fiscal year 2015 for air cargo; checkpoint security; and EDS refurbishment, procurement, and installations on an airport-by- airport basis. As described in previous years, the plans shall include specific technologies for purchase; program schedules and major milestones; a schedule for obligation of the funds; recapitalization priorities; the status of operational testing for each passenger screening technology under development; and a table detailing actual versus anticipated unobligated balances at the close of the fiscal year. Aviation Regulation and Other Enforcement The Committee recommends $352,571,000 for Aviation Regulation and Other Enforcement, $3,918,000 above the budget request and $1,866,000 below fiscal year 2014. To increase operational efficiency and effectiveness, the Committee accepts TSA's proposal to consolidate all canine assets under the Aviation Regulation PPA and deploy them as multi-modal explosives detection canine teams. This will allow TSA maximum flexibility to utilize the teams in any transportation environment in response to changes in intelligence or capability requirements. Therefore, in recognition of the effectiveness of canine operations to detect materials and explosives that threaten aviation security, the recommendation includes $132,400,000 for the National Explosives Detection Canine Team Program, $5,000,000 above the budget request and $6,052,000 above fiscal year 2014, to support multi-modal explosives detection canine teams and to effectively maximize canine capacity at TSA through fiscal year 2016. It is the Committee's expectation that this enhancement will permit TSA to build up its current rate of deployment and training and move closer to higher screening percentages and more effective screening operations. State and local law enforcement agencies play a critical role in security at airports throughout the Nation. They are the primary law enforcement authorities to respond to any incident within the airport perimeter, including TSA security checkpoints. While airport law enforcement officer staffing levels have remained constant, the amount TSA reimburses airports for law enforcement support has steadily declined. The recommendation includes $70,800,000 for Airport Law Enforcement Assessments, $500,000 above the budget request and $1,000,000 above fiscal year 2014. TSA is directed to maximize the use of available program funds to more fully reimburse participating airports for law enforcement hours. Airport Management and Support The Committee recommends $585,243,000 for Airport Management and Support, $6,491,000 below the budget request and $1,757,000 below the amount provided in fiscal year 2014. This recommendation reflects a reduction of $3,900,000 to Federal Security Directors Staff and Headquarters, which is intended to partially offset the shortfall created by the inclusion of unauthorized aviation security fees in the budget. Federal Flight Deck Officers The Committee recommends $24,730,000 for the Federal Flight Deck Officer and Flight Crew Training (FFDO) program, $4,730,000 above the budget request and the same amount provided in fiscal year 2014. The Committee supports the FFDO program and believes that the presence of armed and trained pilots and flight crew complement other security measures in the aviation security domain and represent a true last-line-of- defense aboard an aircraft. The Committee directs TSA to provide a briefing not later than 60 days after the date of enactment of this Act detailing the recertification process for FFDOs, including the number of FFDOs enrolled; the latest data on recertification; an assessment describing whether the program is meeting demand for participation; and an overview of how TSA is ensuring that training is available in a sufficient number of locations. Air Cargo The Committee recommends $106,343,000 for Air Cargo, $577,000 below the request and $15,989,000 below the amount provided in fiscal year 2014. This reduction reflects the proposed realignment of $24,593,000 to the Aviation Regulation and Other Enforcement PPA to consolidate canine funding. Funding is provided to increase inspections and compliance efforts to transition Air Cargo Advance Screening from the pilot stage to an operational program. Federal Air Marshal Service FAMS provides security for the Nation's civil aviation system through the deployment of armed federal agents to detect, deter, and defeat hostile acts targeting U.S. air carriers, airports, passengers, and crews. The Committee recommends $600,000,000 for FAMS, $200,214,000 below the amount requested and $218,607,000 below the amount provided in fiscal year 2014. Of the total funding provided, $500,000,000 is for Management and Administration and $100,000,000 is for Travel and Training. Due to the Administration's unjustified reductions to essential frontline operations, the Committee was forced to make programmatic reductions, and to reallocate scarce funding towards our Nation's most imperative security priorities. Over several years, TSA has taken steps to further enhance its layered approach to security through new state-of- the-art technologies, expanded use of existing and proven technologies, better passenger identification techniques, and other developments that continue to strengthen the agency's capabilities to keep terrorists off commercial aircraft. Concurrently, Air Marshals have been assigned as Assistant Federal Security Directors to many airports; begun staffing several positions at different agencies and departments; and are being distributed among other law enforcement and homeland security liaison assignments. The Committee is unconvinced that this is the best use of taxpayer dollars. By making targeted reductions to the agency's management and administrative functions, the Committee envisions a leaner, more capable, risk-based, intelligence-driven, strategy from FAMS, consistent with the measures adopted by TSA in recent years. The recommendation includes a realignment of funding from the FAMS appropriation into a single PPA under the Aviation Security appropriation. This consolidation better reflects TSA's organization and management structure and will enable TSA to more rapidly apply its law enforcement and related resources to meet emerging threats. The Committee has expressed its frustration with FAMS in the past, specifically FAMS's inability to provide sufficient budget justification for the requested resources to ensure coverage of high-risk international and domestic flights. Further, the Committee was deeply disappointed by recent allegations of unethical activity involving firearms transactions within FAMS, including the alleged role of the incumbent Director. If proven true, such actions would represent an abuse of taxpayer dollars and would be unbecoming of any official entrusted with the duty to protect the American public. The bill withholds $25,000,000 from obligation for Headquarters Administration until TSA submits to the Committee, not later than 90 days after the date of enactment of this Act, a report outlining specific actions it will take to prevent the possibility that FAMS officials use the agency's federal firearms license, and their relationships with private vendors, to obtain discounted or free firearms for agency officials' personal use. The Committee notes that there are additional resources to complement the presence of FAMS. This includes FFDOs and the large number of federal law enforcement officers and agents who are passengers on commercial flights, offering a significant potential to leverage the FAMS operation. Therefore, the Committee continues to encourage TSA to consider additional options for leveraging the federal law enforcement population to supplement FAMS resources. The Committee expects FAMS staffing levels and deployment patterns to optimize coverage of flights to address known threats, minimize risk, and complement the full range of security resources available to TSA. It remains essential that TSA provide the Committee information about the analysis underpinning FAMS staffing, scheduling, and resource requirements. The Committee directs TSA to brief the Committees on Appropriations, not later than 90 days after the date of enactment of this Act, on the optimal mix of FAMS personnel and the types and frequency of flights for which FAMS coverage should be provided. The Committee directs TSA to continue to submit quarterly reports on mission coverage, staffing levels, and hiring rates. Additional detail is included in the classified annex of this report. Risk-Based Approaches to Passenger Screening The Committee is encouraged to see that TSA is actively pursuing efforts to better focus its resources and improve the passenger experience by applying risk-based security measures to its screening procedures. PreCheck, a ``trusted traveler'' program that allows low-risk travelers to experience expedited security screening at U.S. airport checkpoints, is currently being utilized at a number of airports where participants, who have voluntarily submitted to a security threat assessment and criminal history background check, are eligible for expedited screening. TSA has expanded the program and is implementing adjustments in its protocols for generally lower-risk populations. While PreCheck offers great promise, a critical mass of participants is required for the program to achieve its objectives of enhanced security and efficiency. Therefore, the Committee directs TSA to continue to accelerate PreCheck enrollment, and to work directly with airports, which have a long history of facilitating participation in trusted traveler programs, to help facilitate program expansion through community-based, airport-centric enrollment approaches. Further, the Committee encourages TSA to establish the security standards and technical specifications necessary to allow airports to enroll individuals into a TSA- approved system for vetting and program participation; to use its existing statutory authority to continue to develop, test, and expand the PreCheck program for U.S. citizens, including through a possible review of biometric data, in accordance with applicable privacy laws and standards; and, to consider the potential of enrolling other low-risk populations. The Committee continues the statutory requirement that TSA provide the Committees with semi-annual reports on the resource implications of expedited passenger screening associated with risk-based security initiatives, such as PreCheck, including a new requirement to enumerate the total number and percentage of passengers using PreCheck lanes who: (1) have enrolled in PreCheck since TSA enrollment centers were established; (2) enrolled using TSA's PreCheck application website; (3) were enrolled as frequent flyers of a participating airline; (4) utilized PreCheck as a result of a CBP trusted traveler program (Global Entry, NEXUS, SENTRI); and (5) were selectively identified to participate in expedited screening through the use of TSA's Managed Inclusion. The Committee is aware that CBP has begun unifying its trusted traveler programs and, in many instances, applicants for one program may enroll in another program's enrollment center. Further, the Committee is aware that CBP and TSA have worked extensively to coordinate trusted traveler programs and intend to launch a joint enrollment center in 2014. Although PreCheck and Global Entry serve different purposes, there is considerable participant overlap and the Committee believes that bringing these programs under one unified communications effort would help travelers better understand the programs, as well as create efficiencies within DHS. As such, to improve traveler education and to facilitate enrollment, the Committee directs the Secretary to establish one unified platform to market DHS's trusted traveler programs and to report back to Congress, not later than 120 days after the date of enactment of this Act, on the progress made to establish such a platform. To expand enrollment and public awareness of the program best suited for specific travel communities, the Committee encourages DHS to develop and implement a strategic communications campaign, in consultation with the travel community and Brand USA. Perimeter Security The imperative of perimeter security at airports was again underscored by the recent breach of a perimeter fence at San Jose International Airport, through which a juvenile was able to directly access a commercial aircraft. The Committee is aware that some airports are employing technological solutions to detect security breaches of perimeter fences and access points, and therefore strongly encourages TSA to work with airport authorities to explore technology options to improve perimeter security; validate promising technological solutions; and update airport security plans, as appropriate, to improve the perimeter security posture of airports. SURFACE TRANSPORTATION SECURITY Appropriation, fiscal year 2014....................... $108,618,000 Budget request, fiscal year 2015...................... 127,637,000 Recommended in the bill............................... 121,303,000 Bill compared with: Appropriation, fiscal year 2014................... +12,685,000 Budget request, fiscal year 2015.................. -6,334,000 Mission Surface Transportation Security is responsible for protecting the surface transportation system and ensuring the freedom of movement and security of people and commerce by optimizing resources through a risk-based approach to security and ensuring compliance with established regulations and policies. Recommendation The Committee recommends $121,303,000 for Surface Transportation Security, $6,334,000 below the amount requested and $12,685,000 above the amount provided in fiscal year 2014. Within this total, $92,073,000 is for Surface Inspectors and Enforcement, which reflects the realignment of canine program funding to the Aviation Security appropriation; the consolidation of all Visible Intermodal Prevention and Response (VIPR) funding into the Surface Inspectors and Enforcement PPA within the Surface Transportation Security appropriation; and a reduction of $5,446,000 below the budget request and $16,339,000 below the amount provided in fiscal year 2014 to reduce the number of VIPR teams from 37 to 31. The consolidation of VIPR funding into one appropriation will facilitate analysis and reporting, and will result in more efficient management and assignment of VIPR capability across all modes of transportation, as all teams are multi-modal and can be deployed in aviation or surface transportation venues. Transport of Security-Sensitive Materials The Committee has repeatedly urged TSA to implement programs required by and authorized pursuant to section 1554 of the 9/11 Act as a part of its mission to improve the security of surface transportation modes. TSA recently completed a study that satisfies its obligation under section 1554 to evaluate cost and technology factors in developing a program to track motor carrier shipments of Tier 1 highway security-sensitive materials (HSSM). The study concluded that implementation of a shipment tracking program would unlock sizable security benefits at relatively low cost and recommended that TSA move forward on a priority basis to develop an emergency-ready shipment tracking system which provides the capability to quickly inject tighter security control in the hazmat supply chain if needed. Unfortunately, TSA has not made suitable progress in this important mission, as research and development efforts focused on a Tier 1 HSSM emergency-ready shipment tracking system have been delayed for over a year. The Committee directs TSA to move forward with the development of an interim emergency-ready system to provide basic shipment tracking/visibility and shipment chain-of- custody control, and urges the agency to engage in the research and development efforts required to fully develop the Tier 1 HSSM emergency-ready tracking system in the near future. The Committee further directs TSA to provide semi-annual updates on the implementation of an interim program and plans for a fully developed program including progress on research and development activities. INTELLIGENCE AND VETTING Appropriation, fiscal year 2014*...................... $176,489,000 Budget request, fiscal year 2015**.................... 232,526,000 Recommended in the bill**............................. 231,866,000 Bill compared with: Appropriation, fiscal year 2014................... +55,377,000 Budget request, fiscal year 2015.................. -660,000*In fiscal year 2014, the Intelligence PPA was funded within the Transportation Security Support appropriation. **Includes the realignment of the Intelligence PPA from the Transportation Security Support appropriation into a single PPA within TSA's Intelligence and Vetting appropriation. Mission The mission of the Intelligence and Vetting appropriation (formerly known as Transportation Threat Assessment and Credentialing) is to reduce the probability of a successful terrorist or other criminal attack to the transportation system through application of intelligence and threat assessment methodologies which are intended to identify known or suspected terrorist threats working in or seeking access to the Nation's transportation system. Recommendation The Committee recommends a direct appropriation of $231,866,000 for Intelligence and Vetting, $660,000 below the budget request and $55,377,000 above the amount provided in fiscal year 2014, reflecting the realignment of the Office of Intelligence from the Transportation Security Support appropriation to the renamed Intelligence and Vetting appropriation. In addition, the Committee anticipates TSA will collect $79,605,000 in related offsetting fees. A comparison of the budget estimate to the Committee's recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget estimate Recommended ------------------------------------------------------------------------ Direct Appropriation: Intelligence.................. $51,801,000 $51,545,000 Secure Flight................. 112,543,000 112,269,000 Other Vetting Programs........ 68,182,000 68,052,000 ------------------------------------- Subtotal, direct 232,526,000 231,866,000 appropriations........... Fee Collections: Transportation Worker 34,832,000 34,832,000 Identification Credential Fee Hazardous Material Fee........ 12,000,000 12,000,000 General Aviation at DCA Fee... 350,000 350,000 Commercial Aviation and 6,500,000 6,500,000 Airport Fee.................. Other Security Threat 50,000 50,000 Assessments Fee.............. Air Cargo/Certified Cargo 7,173,000 7,173,000 Screening Program Fee........ TSA PreCheck Application 13,700,000 13,700,000 Program Fee.................. Alien Flight School Fee....... 5,000,000 5,000,000 ------------------------------------- Subtotal, fee collections. $79,605,000 $79,605,000 ------------------------------------------------------------------------ Secure Flight The Committee recommends $112,269,000 for Secure Flight, $274,000 below the amount requested and $19,067,000 above the amount provided in fiscal year 2014, including $12,717,000 to support vetting the Large Aircraft and Charter Screening Program population comprised of passengers who fly on large aircraft and charter air transportation. Secure Flight strengthens the security of commercial aircraft travelling into, out of, within, and across the United States through improved watch list matching using risk-based security measures. Other Vetting Programs The Committee recommends $68,052,000 for Other Vetting Programs, $130,000 below the amount requested and $15,235,000 below the amount provided in fiscal year 2014. The recommendation includes $38,300,000 for Technology Infrastructure Modernization (TIM), which will provide a state- of-the-art vetting system, while eliminating multiple, costly, and aging vetting systems and practices. To facilitate its oversight, the Committee directs TSA to brief the Committee on the status of TIM not later than 90 days after the date of enactment of this Act. Within the increase recommended, ICE shall allocate not less than $20,000,000 above the current levels for child exploitation investigation activities at ICE's Cyber Crime Center, including the Victim Identification Program and the Human Exploitation Rescue Operative (HERO) Child-Rescue Corps, and for the Angel Watch program. The Committee directs ICE to provide a plan for expenditure of these funds in accordance with the requirement for a Department-wide plan for obligation and expenditure contained within Title V of this Act. TRANSPORTATION SECURITY SUPPORT Appropriation, fiscal year 2014....................... $962,061,000 Budget request, fiscal year 2015...................... 932,026,000 Recommended in the bill............................... 892,840,000 Bill compared with: Appropriation, fiscal year 2014................... -69,221,000 Budget request, fiscal year 2015.................. -39,186,000 Mission The Transportation Security Support account includes financial and human resources support; information technology support; policy development and oversight; performance management and e-government; communications; public information and legislative affairs; training and quality performance; internal conduct and audit; legal advice; and overall headquarters administration. Recommendation The Committee recommends $892,840,000 for Transportation Security Support, $39,186,000 below the amount requested and $69,221,000 below the amount provided in fiscal year 2014. As in fiscal year 2014, a portion of the reduction for Transportation Security Support is required to partially offset significant shortfalls in the President's budget request for DHS due to: (1) assumed increases in aviation passenger fee collections that have yet to be authorized and that are not in the jurisdiction of the Committee on Appropriations; (2) unjustified reductions to essential frontline operations; and (3) the repeated failure of the Department to comply with statutory requirements. A comparison of the budget estimate to the Committee recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget estimate Recommended ------------------------------------------------------------------------ Headquarters Administration....... $275,891,000 $263,583,000 Human Capital Services............ 204,215,000 195,765,000 Information Technology............ 451,920,000 433,492,000 ------------------------------------- Subtotal, Transportation $932,026,000 $892,840,000 Security Support............. ------------------------------------------------------------------------ Headquarters Administration The Committee recommends $263,583,000 for Headquarters Administration, $12,308,000 below the budget request, and $8,667,000 below the amount provided in fiscal year 2014. As previously described, the Committee withholds $75,000,000 from obligation until TSA submits reports to the Committee, not later than 90 days after the date of enactment of this Act, which provide evidence demonstrating that behavioral indicators can be used to identify passengers who may pose a threat to aviation security; outline specific actions TSA will take to address recent allegations of unethical activity involving firearms within FAMS; and address GAO's concerns with TSA's AIT program. Human Capital Services The Committee recommends $195,765,000 for Human Capital Services, $8,450,000 below the budget request, and $8,485,000 below the amount provided in fiscal year 2014. The reduction, which is necessary to help offset the budgetary shortfall due to reliance on unauthorized aviation security fees, among other reasons, may come from advisory and assistance services. FEDERAL AIR MARSHALS Appropriation, fiscal year 2014....................... $818,607,000 Budget request, fiscal year 2015...................... - - - Recommended in the bill............................... - - - Bill compared with: Appropriation, fiscal year 2014................... -818,607,000 Budget request, fiscal year 2015.................. - - - Recommendation The recommendation includes a realignment of funding from the FAMS appropriation into a single PPA under the Aviation Security appropriation. Coast Guard OPERATING EXPENSES Appropriation, fiscal year 2014\1\.................... $6,784,807,000 Budget estimate, fiscal year 2015..................... 6,749,733,000 Recommended in the bill............................... 6,864,443,000 Bill compared with: Appropriation, fiscal year 2014................... +79,636,000 Budget estimate, fiscal year 2015................. +114,710,000\1\Does not include funding for the Global War on Terrorism/Overseas Contingency Operations. Mission The Coast Guard is the principal federal agency charged with maritime safety, security, and stewardship. The Operating Expenses appropriation provides funding for the operation and maintenance of multipurpose vessels, aircraft, and shore units strategically located along the coasts and inland waterways of the United States and in selected areas overseas. This is the primary appropriation financing the operational activities of the Coast Guard. Recommendation The Committee recommends a total appropriation of $6,864,443,000 for Operating Expenses. The recommended funding level is $114,710,000 above the amount requested and $79,636,000 above the amount provided in fiscal year 2014. The Committee recommends a 0.8 percent increase to the proposed military pay raise, consistent with the increase to military pay included in the National Defense Authorization Act for Fiscal Year 2015 (H.R. 4435) and the recommended increase to military pay by the House Subcommittee on Defense Appropriations. The Committee also recommends the following increases above the budget request: $15,047,000 to restore operations hours, a five percent increase above the request; $4,200,000 for counterdrug surge operations; $14,904,000 to prevent the proposed decommissioning of two High Endurance Cutters, restoring over 6,600 annualized cutter hours in source and transit zones; $73,264,000 for backlogged depot maintenance, which will significantly increase mission capability rates; $2,195,000 to restore a Bravo Zero response capability for search and rescue fixed winged assets; $7,500,000 to restore unjustified cuts to special pays; $1,355,000 to restore cuts to vessel boarding teams; and $5,000,000 to restore cuts to information technology programs. The Committee recommends a reduction of $3,900,000 to partially offset significant shortfalls in the President's budget request for DHS due to: (1) assumed increases in aviation passenger fee collections that have yet to be authorized and that are not in the jurisdiction of the Committee on Appropriations; (2) unjustified reductions to essential frontline operations; and (3) the repeated failure of the Department to comply with statutory requirements. A comparison of the budget estimate to the Committee recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget estimate Recommended ------------------------------------------------------------------------ Military Pay and Allowances....... $3,433,594,000 $3,469,045,000 Civilian Pay and Benefits......... 787,372,000 781,517,000 Training and Recruiting........... 197,800,000 198,004,000 Operating Funds and Unit Level 991,919,000 995,513,000 Maintenance...................... Centrally Managed Accounts........ 335,262,000 335,837,000 Depot Level Maintenance........... 1,003,786,000 1,084,527,000 ------------------------------------- Total, Operating Expenses..... $6,749,733,000 $6,864,443,000 ------------------------------------------------------------------------ Cuts to Operations The Committee is dismayed with the continued cuts to operations by this Administration. The budget as requested leads to the lowest level of drug interdiction in five years and forces untenable cuts in operations. The Committee rejects this flawed proposal--adding $123,465,000 to restore the proposed reductions and also providing additional capability. The Committee specifically adds funds to address the growing demand for assets in the source and transit zones. Air Marine Operations Center As noted under CBP, the Committee considers AMOC to be a national asset, critical to fulfilling the imperative for an air and marine domain awareness node capable of sharing and synchronizing information across DHS components. Using advanced technologies and surveillance capabilities, AMOC unifies the data into a common operating picture of the air, land, and maritime domains that can be synchronized and shared with federal, state, and local law enforcement organizations. As such, AMOC is truly a national asset and, if appropriately resourced and empowered, can provide valuable domain awareness and tactical information to a range of partners across the U.S. government and overseas. Accordingly, the Committee directs the Coast Guard to share all applicable radar feeds and to utilize AMOC to the maximum extent possible. Further, the Committee directs the Coast Guard to fully implement the Maritime Operations Coordination Plan which was signed in June 2011. Enhancements to Depot Level Maintenance The Committee recommends an additional $73,264,000 above the amount requested for enhancements to critical depot level maintenance programs. Additional funds are intended to replenish repair parts and execute backlogged and deferred critical depot level maintenance for assets and shore facilities. The Commandant of the Coast Guard shall brief the Committees five days prior to obligation on the plans for the increase. Mission Needs Statement The Committee directs the Commandant to conduct a new mission needs statement (MNS), to be submitted with the fiscal year 2016 budget, which takes into account the funding proposed in the five-year Capital Investment Plan (CIP) submitted for that fiscal year. The MNS shall describe which missions the Coast Guard will not be able to achieve for any year in which a gap exists between the mission hour targets and projected mission hours for new and legacy assets based on the proposed CIP. Sexual Assault The Committee is concerned about sexual assault within the Coast Guard. The Committee directs the Coast Guard, not later than 90 days after the date of enactment of this Act, to report the number of requests for expedited transfer by victims of sexual assault, the number of applications denied, and, for each application denied, a description of the reasons why such application was denied. Additionally, the Committee directs the Coast Guard to report on the number of service members served by its Special Victims Counsel program in the previous fiscal year. Fishing Safety Training The Committee encourages the Coast Guard to carry out section 604 of the Coast Guard Reauthorization Act of 2010, which authorizes competitive grants for a Coast Guard-certified Fishing Safety Training Grants Program. When implemented, this program will provide important, hands-on safety training to commercial fisherman to prevent injuries and fatalities. Columbia River Crossing The Committee recognizes the many concerns regarding the permitting process for a new Columbia River Crossing bridge between Portland, Oregon, and Vancouver, Washington. The Coast Guard is directed to be open and transparent with all Members of Congress and private citizens who seek information regarding the permitting process and to communicate with them in a timely manner. ENVIRONMENTAL COMPLIANCE AND RESTORATION Appropriation, fiscal year 2014....................... $13,164,000 Budget request, fiscal year 2015...................... 13,214,000 Recommended in the bill............................... 13,214,000 Bill compared with: Appropriation, fiscal year 2014................... + 50,000 Budget request, fiscal year 2015.................. - - - Mission The Environmental Compliance and Restoration appropriation assists in bringing Coast Guard facilities into compliance with applicable federal and state environmental regulations, preparing and testing facility response plans, developing pollution and hazardous waste minimization strategies, conducting environmental assessments, and furnishing necessary program support. These funds permit the continuation of a service-wide program to correct environmental problems, such as major improvements of storage tanks containing petroleum and regulated substances. The program focuses mainly on Coast Guard facilities, but also includes third party sites where Coast Guard activities have contributed to environmental problems. Recommendation The Committee recommends $13,214,000 for Environmental Compliance and Restoration, the same as the amount requested and $50,000 above the amount provided in fiscal year 2014. RESERVE TRAINING Appropriation, fiscal year 2014....................... $120,000,000 Budget request, fiscal year 2015...................... 109,605,000 Recommended in the bill............................... 114,605,000 Bill compared with: Appropriation, fiscal year 2014................... -5,395,000 Budget request, fiscal year 2015.................. + 5,000,000 Mission This appropriation provides for the training of qualified individuals who are available for active duty in time of war or national emergency, or for the augmentation of regular Coast Guard forces in the performance of peacetime missions. Program activities fall into the following categories: Initial training.--the direct costs of initial training for three categories of non-prior service trainees; Continued training.--the training of officers and enlisted personnel; Operation and maintenance of training facilities.--the day-to-day operation and maintenance of reserve training facilities; and Administration.--all administrative costs of the reserve forces program. Recommendation The Committee recommends $114,605,000 for Reserve Training, $5,000,000 above the amount requested and $5,395,000 below the amount provided in fiscal year 2014. This partially restores funding to prevent the reduction of full-time support personnel and the transfer of Reservists to the Inactive Ready Reserve. ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS Appropriation, fiscal year 2014....................... $1,375,635,000 Budget request, fiscal year 2015...................... 1,084,193,000 Recommended in the bill............................... 1,287,040,000 Bill compared with: Appropriation, fiscal year 2014................... -88,595,000 Budget request, fiscal year 2015.................. +202,847,000 Mission The Acquisition, Construction, and Improvements appropriation finances the acquisition of new capital assets, construction of new facilities, and physical improvements to existing facilities and assets. The appropriation covers Coast Guard-owned and operated vessels, aircraft, shore facilities, and other equipment such as computer systems, as well as the personnel needed to manage acquisition activities. Recommendation The Committee recommends $1,287,040,000 for Acquisition, Construction, and Improvements (AC&I), $202,847,000 above the amount requested and $88,595,000 below the amount provided in fiscal year 2014. The Committee recommends significant restructuring of numerous programs to align funding with requirements in the fiscal year of need. Further, the recommendation includes funding for programs that have a proven track record, are low- risk, have known costs, and provide increased capability. The Committee recommends the following decreases: a net reduction of $13,953,000 requested for the National Security Cutter (NSC) for contract savings based on the contract for NSC 7 and items that will not execute in the budget year; $10,000,000 from the Offshore Patrol Cutter program due to schedule delays; and $6,000,000 from the polar icebreaker program due to excessive carryover of funding from prior years. The Committee recommends the following rescissions in Title V of this bill from prior year accounts: $2,550,000 from funds provided in fiscal year 2011; $4,095,000 from funds provided in fiscal year 2012; $16,892,000 from funds provided in fiscal year 2013; and $52,905,000 from funds provided in fiscal year 2014. The Committee recommends the following increases above the amount requested: $10,000,000 for In-service Vessel Sustainment; $95,000,000 for two additional Fast Response Cutters; $12,000,000 for the replacement costs of one HH-60 helicopter; $2,500,000 to maintain the schedule for the Logistics Information Management System; $12,000,000 for spares for C-27J aircraft; $95,000,000 for one missionized Long Range Surveillance Aircraft; and $6,300,000 for one complete small- UAS system for the NSC. A comparison of the budget estimate to the Committee recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget estimate Recommended ------------------------------------------------------------------------ Vessels: Survey and Design--Vessels and $500,000 $500,000 Boats........................ In-service Vessel Sustainment. 24,500,000 34,500,000 Cutter Small Boats............ 4,000,000 4,000,000 National Security Cutter (NSC) 638,000,000 630,347,000 Offshore Patrol Cutter (OPC).. 20,000,000 10,000,000 Fast Response Cutter (FRC).... 110,000,000 205,000,000 Polar Ice Breaking Vessel..... 6,000,000 - - - ------------------------------------- Subtotal, Vessels......... 803,000,000 884,347,000 Aircraft: HH-60 Airframe Replacement.... - - - 12,000,000 HC-144 Conversion/Sustainment. 15,000,000 15,000,000 HC-27J Conversion/Sustainment. 15,000,000 27,000,000 HC-130J Acquisition/Conversion/ 8,000,000 103,000,000 Sustainment.................. HH-65 Acquisition/Conversion/ 30,000,000 30,000,000 Sustainment.................. ------------------------------------- Subtotal, Aircraft........ 68,000,000 187,000,000 Other Acquisition Programs: Program Oversight Management.. 18,000,000 18,000,000 C4ISR......................... 36,300,000 36,300,000 CG-LIMS....................... 3,000,000 5,500,000 ------------------------------------- Subtotal, Other Acqusition 57,300,000 59,800,000 Programs................. Shore Facilities and Aids to Navigation: Major/Minor construction; 19,580,000 19,580,000 Housing; ATON; and Survey & Design....................... Major Acquisition Systems 16,000,000 16,000,000 Infrastructure............... Minor Shore................... 5,000,000 5,000,000 ------------------------------------- Subtotal, Shore Facilities 40,580,000 40,580,000 and Aids to Navigation... Personnel and Related Support: Direct Personnel Costs........ 115,313,000 115,313,000 ------------------------------------- Subtotal, Personnel and 115,313,000 115,313,000 Related Support.......... ===================================== Total, Acquisition, $1,084,193,000 $1,287,040,000 Construction, and Improvements......... ------------------------------------------------------------------------ Quarterly Reports on Acquisition Projects and Mission Emphasis The Commandant is directed to continue to brief the Committee quarterly on all major acquisitions, consistent with the direction in the conference report accompanying Public Law 112-74 and Senate Report 113-77. Capital Investment Plan The Coast Guard is directed to submit a five-year CIP, in accordance with the specified requirements listed in the bill, in conjunction with the budget submission for fiscal year 2016. The Committee is concerned by the Coast Guard's repeated noncompliance with the requirement in annual appropriations Acts to submit a CIP to Congress with the submission of the budget. To address these concerns, and consistent with prior years, the Committee withholds $150,000,000 from Coast Guard Headquarters offices until the fiscal year 2016 CIP is submitted. Additionally, the Committee includes bill language limiting the time OMB is permitted to review the CIP. The Committee continues to believe the CIP serves as the primary means of oversight for tracking the Coast Guard's recapitalization efforts and therefore must be submitted in accordance with mandated timelines. The failure of the Coast Guard to submit the required information in a timely manner hinders the Committee's oversight responsibility and forces budgetary decisions to be made with limited program information. National Security Cutter The Committee recommends $630,347,000 for the NSC program, a decrease of $7,653,000 below the amount requested, but $1,347,000 above the amount provided in fiscal year 2014. The recommendation includes a decrease of $10,000,000 for unjustified cost growth on the production price of NSC 8 and $3,953,000 for activities requested ahead of need. The recommendation also defers $42,362,000 through a rescission for contract savings on NSC 7 and because post-delivery activities for NSC 8 are requested unnecessarily ahead of need. An increase of $6,300,000 is included for a small-UAS to provide persistent tactical surveillance in counterdrug operations. Fast Response Cutter The Committee recommends $205,000,000 for the acquisition of four Fast Response Cutters (FRCs), $95,000,000 above the amount requested and $105,000,000 below the amount provided in fiscal year 2014. The recommendation defers $20,080,000 through a rescission for post-delivery activities that are requested ahead of need. For the third year in a row, the budget request included funding for only two FRCs. Due to economies of scale, limiting procurement to two FRCs per year drives up the unit cost and results in the loss of $15,000,000 in savings compared to an order of four FRCs per year and a loss of almost $30,000,000 in savings compared to an order of six FRCs per year. In addition, the proposed procurement rate significantly delays the delivery of much needed capability. This serves as clear evidence of the fiscal and operational shortsightedness of proposing unrealistically low AC&I budgets. It is unclear how the Department plans to close the various gaps in needed capability if it continues to make such ineffective and inadequate requests. Offshore Patrol Cutter The Committee recommends $10,000,000 for the Offshore Patrol Cutter program, a decrease of $10,000,000 from the request and $13,000,000 below the amount provided in fiscal year 2014. The reduction is a result of significant unobligated balances within the program and delays in excess of nine months in the program schedule over the last year. Although the fiscal year 2014 budget planned for a contract award in September 2013, the award did not occur until mid-February 2014 and was again delayed due to a protest which was resolved just this month. The recommended funds, combined with funds previously appropriated, are sufficient to sustain the program through fiscal year 2015. Polar Ice Breaker Vessel The Committee recommends no additional funding for the polar icebreaker program, a decrease of $6,000,000 from the request, and $2,000,000 below the amount provided in fiscal year 2014. The Committee has long sought a solution to address this much needed capability. However, since the polar icebreaker effort was initiated in fiscal year 2013, the Coast Guard has obligated merely $1,700,000 of the $10,000,000 that has been appropriated over the last two fiscal years. Based on the current obligation rate, the program can continue without delay through fiscal year 2015 with the funds that have been previously appropriated. To date, this Administration has failed repeatedly to present a viable acquisition program for a new icebreaker. Previous CIPs have alluded to an incrementally funded acquisition within the existing Coast Guard AC&I topline funding level--a topline that has apparently been set arbitrarily with no relation to Coast Guard requirements. These proposals may partially fund an icebreaker, but only at the expense of existing, validated Coast Guard recapitalization programs. This type of artifice is needless and it senselessly jeopardizes the future of the Coast Guard. It would also be unreasonable for the Administration to impose the entire cost of an icebreaker on the Coast Guard because its mission, in part, is tied to the missions and requirements of other executive branch agencies, and these requirements will add significantly to the total cost of the asset. The Committee believes that for a national asset of this type, shared funding among stakeholder agencies is a more appropriate and fair method of funding--allowing for continued recapitalization of the Coast Guard while at the same time acquiring a long needed icebreaking capability. HC-27J Aircraft Spares The Committee recommends $27,000,000 for the C-27J aircraft program, an increase of $12,000,000 above the request and $2,100,000 above the amount provided in fiscal year 2014. The Coast Guard shall use the additional funds to procure needed spares for the program. HH-60 Helicopter The Committee recommends $12,000,000 for one HH-60 helicopter, an increase of $12,000,000 above the request and $12,000,000 above the amount provided in fiscal year 2014. The Coast Guard continues to successfully modify former Navy Seahawk helicopters, which provide greater capability at a lower cost compared to other options. HC-130J Aircraft The Committee recommends $103,000,000 for long range surveillance aircraft, an increase of $95,000,000 above the request and $26,210,000 below the amount provided in fiscal year 2014. Additional funding shall be used to acquire one fully missionized HC-130J aircraft. Coast Guard Logistics Information Management System The Committee recommends $5,500,000 for the Coast Guard Logistics Information Management System, $2,500,000 above the amount requested and $4,000,000 above the amount provided in fiscal year 2014. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Appropriation, fiscal year 2014....................... $19,200,000 Budget request, fiscal year 2015...................... 17,947,000 Recommended in the bill............................... 10,947,000 Bill compared with: Appropriation, fiscal year 2014................... -8,253,000 Budget request, fiscal year 2015.................. -7,000,000 Mission Research, Development, Test, and Evaluation allows the Coast Guard to maintain its non-homeland security research and development capability, while also partnering with DHS and DoD to leverage beneficial initiatives. Recommendation The Committee recommends $10,947,000 for Research, Development, Test, and Evaluation, $7,000,000 below the amount requested and $8,253,000 below the amount provided in fiscal year 2014 due to unjustified carryover. MEDICARE ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTION\1\ Appropriation, fiscal year 2014....................... $201,000,000 Budget request, fiscal year 2015...................... 176,970,000 Recommended in the bill............................... 176,970,000 Bill compared with: Appropriation, fiscal year 2014................... -24,030,000 Budget request, fiscal year 2015.................. - - -1This account is a permanent indefinite discretionary budgetary activity and is not carried in the bill. Mission The Medicare-eligible retiree health care fund contribution provides funding for the DoD Medicare-eligible health care fund for the health benefits of future Medicare-eligible retirees currently serving on active duty in the Coast Guard, retiree dependents, and their potential survivors. The authority for the Coast Guard to make this payment on an annual basis was provided in the Fiscal Year 2005 Department of Defense Appropriations Act. Recommendation While this account requires no annual action by Congress, the Committee affirms the expenditure of $176,970,000 for the Medicare-eligible retiree health care fund contribution, the same as the amount requested and $24,030,000 below the amount provided in fiscal year 2014. RETIRED PAY Appropriation, fiscal year 2014....................... $1,460,000,000 Budget request, fiscal year 2015...................... 1,450,626,000 Recommended in the bill............................... 1,450,626,000 Bill compared with: Appropriation, fiscal year 2014................... -9,374,000 Budget request, fiscal year 2015.................. - - - Mission This appropriation provides for the retired pay of Coast Guard military personnel and Coast Guard Reserve personnel, as well as career status bonuses for active duty personnel. Additionally, it provides payments to members of the former Lighthouse Service and beneficiaries pursuant to the retired serviceman's family protection plan and survivor benefit plan, as well as payments for medical care of retired personnel and their dependents under the Dependents' Medical Care Act. Recommendation The Committee recommends $1,450,626,000 for Retired Pay, the same as the amount requested and $9,374,000 below the amount provided in fiscal year 2014. The Committee includes bill language that allows funds to remain available until expended. The Coast Guard's Retired Pay appropriation is a mandatory budgetary activity. United States Secret Service SALARIES AND EXPENSES Appropriation, fiscal year 2014....................... $1,533,497,000 Budget request, fiscal year 2015...................... 1,585,970,000 Recommended in the bill............................... 1,587,087,000 Bill compared with: Appropriation, fiscal year 2014................... +53,590,000 Budget request, fiscal year 2015.................. +1,117,000 Mission The United States Secret Service has statutory authority to carry out two primary missions: protection of the Nation's leaders and investigation of 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, Vice President's Residence, foreign missions, and other buildings within Washington, D.C.; and manages the security at National Special Security Events (NSSEs). The Secret Service investigates violations of laws relating to counterfeiting of obligations and securities of the United States; financial crimes that include, but are not limited to, access device fraud, financial institution fraud, identity theft, and computer fraud; and computer-based attacks on financial, banking, and telecommunications infrastructure. The agency also provides support for investigations related to missing and exploited children. Recommendation The Committee recommends $1,587,087,000 for Salaries and Expenses, $1,117,000 above the amount requested and $53,590,000 above the amount provided in fiscal year 2014. Within the total, $965,221,000 is for costs associated with the core protective missions, $7,898,000 below the amount requested and $45,293,000 above the amount provided in fiscal year 2014, including an increase of $25,500,000 for the 2016 Presidential Campaign costs that the Secret Service will incur in fiscal year 2015. The recommendation includes $380,856,000 for Investigations, $14,100,000 above the request and $12,388,000 above the amount provided in fiscal year 2014, sustaining forensic support and grant assistance for investigations of missing and exploited children, and supporting electronic crimes investigations and training at the National Computer Forensics Institute (NCFI). The recommendation includes $4,500,000, as requested, for contingencies associated with NSSEs in fiscal year 2015. A comparison of the budget estimate to the Committee recommended levels, by budget activity, is as follows under the current PPA structure: ------------------------------------------------------------------------ Budget estimate Recommended ------------------------------------------------------------------------ Protection Protection of Persons and $874,885,000 $867,685,000 Facilities................... Protective Intelligence 68,234,000 67,536,000 Activities................... National Special Security 4,500,000 4,500,000 Event fund................... Presidential Candidate Nominee 25,500,000 25,500,000 Protection................... ------------------------------------- Subtotal, Protection...... 973,119,000 965,221,000 Investigations Domestic Field Operations..... 332,395,000 338,295,000 International Field Office 34,361,000 34,195,000 Administration, Operations, and Training................. Support for Missing and - - - 8,366,000 Exploited Children........... ------------------------------------- Subtotal, Investigations.. 366,756,000 380,856,000Headquarters, Management and 189,191,000 184,596,000 Administration................... Rowley Training Center............ 55,868,000 55,378,000 Information Integration and 1,036,000 1,036,000 Technology Transformation........ ------------------------------------- Total, Salaries and Expenses.. $1,585,970,000 $1,587,087,000 ------------------------------------------------------------------------ Domestic Field Operations, Electronic Crimes Investigations, and State and Local Cybercrime Training The Secret Service's Electronic Crimes Special Agent Program (ECSAP), and its network of Electronic Crimes Task Forces (ECTFs) comprised of federal, state, and local law enforcement partners, financial and information technology industries, and academic and research communities, have proven highly productive and deserve strong support. Recognizing that the Secret Service is a ``frontline'' operational agency, the Committee's focus is on the integration of new technology into the agency's operations. The Committee supports the investigative efforts of the Secret Service and the investigation of cyber crimes, which requires highly technical training in computer forensics. Therefore, the Committee recommends $338,295,000 for Domestic Field Operations, $5,900,000 above the amount requested and $9,004,000 above the amount provided in fiscal year 2014. Included in the recommendation is $12,000,000 to enhance current Secret Service investigative initiatives, support the ECSAP and ECTF missions, and support efforts for basic and advanced computer forensics training, $8,500,000 above the amount requested and $4,500,000 above the amount provided in fiscal year 2014. While ECSAP/ECTF no longer has separate reporting and reprogramming lines, the Committee expects: (1) to receive periodic briefings on the status of investigations; (2) the funding and programmatic efforts to be sustained; and (3) the associated funding and personnel resources to continue to be identified in future budgets. Missing and Exploited Children The National Center for Missing and Exploited Children (NCMEC) was created in 1984 to serve as the Nation's resource on the issues of missing and sexually exploited children. The organization provides information and resources to law enforcement, parents, and children, including child victims, as well as other professionals. Under the provisions of the Violent Crime Control Act of 1994, Congress directed the Secret Service to provide forensic and technical assistance to NCMEC and other federal, state, and local law enforcement agencies in matters involving missing and exploited children. NCMEC has been the historical recipient of grant funding related to missing and exploited children, and the Secret Service currently provides investigative assistance and liaison to NCMEC headquarters through the Secret Service Forensic Services Division. The Committee supports continuing efforts in this area and therefore recommends sustaining the fiscal year 2014 funding level of $2,366,000 for forensic and investigative support related to missing and exploited children and $6,000,000 for grants related to investigations of missing and exploited children. National Special Security Events The Committee recommends $4,500,000, as requested, to defray costs specific to Secret Service execution of its statutory responsibilities to direct the planning and coordination of NSSEs. The Committee continues a general provision in the Act prohibiting the use of funds to reimburse any federal department or agency for its participation in an NSSE. The Committee directs the Secret Service to provide periodic updates on NSSEs planned for fiscal year 2015 prior to and following each event. International Field Investigations The Secret Service continues to show significant results from its efforts to stop the counterfeiting of U.S. currency, in concert with its counterparts in the Government of Colombia, and is building on this effort in its field offices. The Committee directs the Secret Service, in conjunction with the DHS Office of Policy, to keep it informed of developments in international investigative missions. Technology Activities The Committee recommends $1,036,000 for Information Integration and Technology Transformation activities of the Secret Service, and directs the agency to brief the Committee on all Secret Service information technology activities and to submit a multi-year investment plan. Mission Support Restoration To ensure the protection of our Nation's leaders and the investigation of financial and electronic crimes, the Committee recommends $35,994,000, as requested, to restore critical mission support functions such as vehicle replacement and maintenance, fuel purchasing, mission-critical travel, and permanent change-of-station moves to a level that supports the Secret Service's current operational pace. Funding for these costs is consistent with historically required levels and prevents degradation of Secret Service assets. The Committee directs the Secret Service to provide a strategic human capital plan, not later than 60 days after the date of enactment of this Act, for fiscal years 2015 through 2019 that addresses how mission requirements will be met with current resources and delineates between protective and investigative missions. Professionalism Reinforcement Working Group The Committee is deeply disappointed by recurring allegations of misconduct within the Secret Service, including recent allegations of improper behavior by Secret Service agents in the Netherlands. The Committee expects the Secret Service to take all steps necessary to ensure that it has in place the proper training and protocols to prevent similar incidents and to hold violators accountable for their actions. Accordingly, the bill withholds $20,000,000 from obligation for Headquarters, Management and Administration until the Secret Service submits to the Committee, not later than 90 days after the date of enactment of this Act, a report providing evidence that the Secret Service has sufficiently reviewed its professional standards of conduct; issued new guidance for the procedures and conduct of employees when engaged in overseas operations and protective missions; and instituted a zero- tolerance policy consistent with the agency's critical missions and unique position of public trust. ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES Appropriation, fiscal year 2014....................... $51,775,000 Budget request, fiscal year 2015...................... 49,935,000 Recommended in the bill............................... 49,935,000 Bill compared with: Appropriation, fiscal year 2014................... -1,840,000 Budget request, fiscal year 2015.................. - - - Mission This account supports the acquisition, construction, improvement, equipment, furnishing, and related costs for maintenance and support of Secret Service facilities, including the Secret Service Memorial Headquarters Building and the James J. Rowley Training Center (JJRTC). It also provides for ongoing costs and investment for critical Information Integration and Technology Transformation (IITT), a program to sustain the information technology capabilities needed to support the Secret Service protective and investigative missions. Recommendation The Committee recommends $49,935,000, the same amount as requested in the budget and $1,840,000 below the amount provided in fiscal year 2014. Of the total provided, $5,380,000 is for facility-related expenses for the JJRTC and $44,555,000 is for IITT programs. The Secret Service is directed to submit a multi-year IITT investment and management plan for fiscal years 2015 through 2018. TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY National Protection and Programs Directorate MANAGEMENT AND ADMINISTRATION Appropriation, fiscal year 2014....................... $56,499,000 Budget request, fiscal year 2015...................... 65,910,000 Recommended in the bill............................... 64,247,000 Bill compared with: Appropriation, fiscal year 2014................... +7,748,000 Budget request, fiscal year 2015.................. -1,663,000 Mission The National Protection and Programs Directorate (NPPD) is focused on the security of the Nation's physical and cyber infrastructure and interoperable communications systems. The Management and Administration account funds the immediate office of the Under Secretary for National Protection and Programs; provides for administrative overhead costs such as IT support and shared services; and includes a national planning office for development of standard doctrine and policy for infrastructure protection and cybersecurity. Recommendation The Committee recommends $64,247,000 for Management and Administration, $1,663,000 below the amount requested and $7,748,000 above the amount provided in fiscal year 2014. The Committee recognizes that over the last five years NPPD's federal workforce has grown considerably to accommodate its increasing operational mission, but that NPPD's Management and Administration resources have not grown accordingly to manage and serve this growing workforce. The budget request and the Committee recommendation reflect this need for additional management resources to oversee NPPD field activities. However, the recommendation reflects a reduction to partially offset significant shortfalls in the President's budget request for DHS due to: (1) assumed increases in aviation passenger fee collections that have yet to be authorized and that are not in the jurisdiction of the Committee on Appropriations; (2) unjustified reductions to essential frontline operations; and (3) the repeated failure of the Department to comply with statutory requirements. The Committee notes that rather than devoting its time and resources on changing the agency's name, it is imperative NPPD continue to focus on the security of the Nation's physical, cyber, and communications infrastructure, including the steps it will take to better align critical infrastructure protection activities across cyber, physical, and human risks. INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY Appropriation, fiscal year 2014....................... $1,187,000,000 Budget request, fiscal year 2015...................... 1,197,566,000 Recommended in the bill............................... 1,139,499,000 Bill compared with: Appropriation, fiscal year 2014................... -47,501,000 Budget request, fiscal year 2015.................. -58,067,000 Mission Infrastructure Protection and Information Security (IPIS) supports efforts to reduce the vulnerability of the Nation's critical infrastructure, key resources, information technology networks, and telecommunications systems to terrorist attacks and natural disasters. IPIS also supports efforts to maintain effective telecommunications for government users in national emergencies and establish policies and promote solutions for interoperable communications at the federal, state, and local level. Recommendation The Committee recommends $1,139,499,000 for IPIS, $58,067,000 below the amount requested and $47,501,000 below the amount provided in fiscal year 2014. Because the PPAs under the IPIS appropriation are categorized as a National Defense Budget Function (050), this reduction is a reflection of the constraints placed upon the Committee by Public Law 113-67, which set binding caps on discretionary defense spending in fiscal year 2015. Within the total, the Committee recommends $262,594,000 for Infrastructure Protection, $8,551,000 below the amount requested and $652,000 below the amount provided in fiscal year 2014. This decrease reflects the Committee's concern with the pervasive misuse of overtime pay within the Infrastructure Security Compliance PPA and Regional Field Operations PPA. The Committee recommends $745,527,000 for Cybersecurity, $917,000 below the amount requested and $46,764,000 below the amount provided in fiscal year 2014, and recommends $131,378,000 for Communications, $48,599,000 below the amount requested and $85,000 below the amount provided in fiscal year 2014. A comparison of the budget estimate to the Committee recommended level is as follows: ------------------------------------------------------------------------ Budget request Recommendation ------------------------------------------------------------------------ Infrastructure Protection: Infrastructure Analysis & $63,999,000 $60,854,000 Planning..................... Sector Management & Governance 63,136,000 64,961,000 Regional Field Operations..... 57,034,000 53,453,000 Infrastructure Security 86,976,000 83,326,000 Compliance................... ------------------------------------- Subtotal, Infrastructure 271,145,000 262,594,000 Protection............... Cybersecurity and Communications: Cybersecurity: Cybersecurity Coordination 4,330,000 4,311,000 US-Computer Emergency 98,794,000 98,573,000 Readiness Team Operations Federal Network Security.. 171,500,000 171,418,000 Network Security 377,690,000 377,500,000 Deployment............... Global Cybersecurity 17,613,000 17,593,000 Management............... Critical Infrastructure 70,963,000 70,608,000 Cyber Protection & Awareness................ Business Operations....... 5,554,000 5,524,000 ------------------------------------- Subtotal, 746,444,000 745,527,000 Cybersecurity........ Communications: Office of Emergency 36,480,000 36,401,000 Communications............... Priority Telecommunications 53,381,000 53,324,000 Services..................... Next Generation Networks...... 69,571,000 21,158,000 Programs to Study and Enhance 10,106,000 10,092,000 Telecommunications........... Critical Infrastructure 10,439,000 10,403,000 Protection Programs.......... ------------------------------------- Subtotal, Communications.. 179,977,000 131,378,000 ------------------------------------- Subtotal, 926,421,000 876,905,000 Cybersecurity and Communications....... ===================================== Total, Infrastructure $1,197,566,000 $1,139,499,000 Protection and Information Security..................... ------------------------------------------------------------------------ Infrastructure Analysis and Planning The Committee recommends $60,854,000 for Infrastructure Analysis and Planning, $3,145,000 below the amount requested and $2,280,000 below the amount provided in fiscal year 2014. The recommendation includes $21,187,000 for Infrastructure Sector Analysis, as requested, and includes not less than $15,650,000 for the National Infrastructure Simulation and Analysis Center (NISAC) to conduct critical modeling, simulation, and analysis for steady-state products, including in-depth studies on critical infrastructure dependencies and interdependencies. The recommendation includes $13,945,000 for Vulnerability Analysis, a reduction of $3,061,000, to partially offset significant shortfalls in the President's budget request. The Committee recognizes that our Nation's highly integrated electrical grid is vulnerable to cyber-attacks and natural disasters, and it is imperative that we fully understand the complexity of this situation. Further, recent small-scale attacks on the Nation's critical infrastructure have shown the important interdependencies among information technology, operational technology, and physical security. In this environment, NPPD's programs to strengthen the security and resilience of the Nation's critical infrastructure against cyber, physical, and human risks must be closely coordinated, and the agency must work with critical infrastructure owners and operators to holistically address these risks and develop comprehensive mitigation strategies. The Committee directs NPPD to provide a report, not later than 90 days after the date of enactment of this Act, with the following: 1. NPPD's plans to better understand and respond to the full range of critical infrastructure risk through enhanced engagement with private sector owners and operators of such infrastructure. 2. Recommendations to provide consideration to owners of critical infrastructure for services and hardware incurred in the act of information sharing, analyzing, or exercising with any DHS agency or instrument regarding critical infrastructure protection as referenced in this paragraph. 3. A description of all current and planned collaborative ventures between NPPD and universities, industry, and government labs to address critical infrastructure risk, including a recommendation on the feasibility and merit of establishing a large-scale test-bed to facilitate research, test new concepts, and train personnel to improve readiness and respond to natural disasters and cyber-physical attacks on the electrical grid. 4. An assessment of the need for a revised organizational structure to better align the agency's critical infrastructure protection activities across cyber, physical, and human risks, including those protecting government facilities and networks. Sector Management and Governance The Committee recommends $64,961,000 for Sector Management and Governance, $1,825,000 above the amount requested and $2,399,000 above the amount provided in fiscal year 2014. NPPD must expand its efforts to help strengthen the ability of all levels of government and private sector critical infrastructure partners to assess risks, coordinate programs and processes, and execute risk management programs and activities. Accordingly, the recommendation includes $2,000,000 above the request 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. Regional Field Operations The Committee recommends $53,453,000 for Regional Field Operations, $3,581,000 below the amount requested and $3,097,000 below the amount provided in fiscal year 2014. The recommendation includes a decrease of $2,297,000, reflecting the Committee's concern with the pervasive misuse of AUO payments for Protective Security Advisors within Regional Field Operations. Funds requested for this PPA are further reduced by $1,136,000 to partially offset significant shortfalls in the President's budget request. Infrastructure Security Compliance The Committee recommends $83,326,000 for Infrastructure Security Compliance (ISC), $3,650,000 below the amount requested and $2,326,000 above the amount provided in fiscal year 2014. The recommendation includes a decrease of $2,601,000, reflecting the Committee's concern with the pervasive misuse of AUO payments for Chemical Security Inspectors. ISC was established in response to section 550 of Public Law 109-295, which directed DHS to develop and adopt a regulatory framework to address the security of chemical facilities that the Department determines pose high levels of risk. Specifically, section 550(a) of the Act authorized DHS to regulate security at high-risk chemical plants and other locations that maintain large quantities of potentially dangerous chemicals. Since that time, and in spite of ample appropriations provided by Congress, DHS has only recently begun to make considerable progress in carrying out its regulatory responsibilities under the Chemical Facility Anti- Terrorism Standards (CFATS) program. The recommendation includes an increase of $2,620,000 to enhance CFATS implementation, $800,000 below the amount requested. This funding will enhance critical efforts related to compliance with CFATS, including developing an automated process for identification of CFATS outliers, addressing concerns raised by GAO regarding the risk-tiering methodology, and fulfilling other requirements. As described, section 550 requires DHS to establish risk- based performance standards for high-risk chemical facilities. The CFATS Personnel Surety Program (PSP) requires high-risk chemical facilities to conduct appropriate background checks on and ensure appropriate credentials for facility personnel and, as appropriate, for unescorted visitors with access to restricted areas or critical assets, including through measures designed to verify and validate identity; check criminal history; verify and validate legal authorization to work; and identify people with terrorist ties. It is imperative that NPPD and DHS effectively and consistently engage with industry partners on PSP requirements. The Committee is determined to see NPPD establish a functional and efficient PSP, but remains concerned with the Department's proposal for personnel surety. DHS should not mandate how a covered chemical facility meets the personnel surety standard if the facility has already adopted a rigorous process to verify and validate identity, check criminal history, verify and validate legal authorization to work, and identify individuals with terrorist ties by utilizing a federal vetting program. Accordingly, the bill includes a provision prohibiting funds made available by this Act from being used be to dictate the use of a particular personnel surety process if the facility has adopted personnel security measures that meet performance-based requirements. Specifically, the bill clarifies that a chemical facility may satisfy its obligation to identify individuals with terrorist ties by utilizing any federal screening program that periodically vets individuals for terrorism ties. The Committee directs the Under Secretary of NPPD to provide a report to the Committees on a semi-annual basis, not later than 120 days after the date of enactment of this Act, on the implementation of the CFATS program. The Committee is aware of concerns that storage and transit cargo containers used by the chemical industry may rely on outdated mechanical sealing technologies. The Committee encourages DHS to work with the Chemical Sector Coordinating Council to disseminate information about proven next generation sealing technologies to the chemical sector, including through the Chemical Sector Supply Chain Good Practices Guide. US-Computer Emergency Readiness Team Operations The Committee recommends $98,573,000 for US-Computer Emergency Readiness Team (US-CERT) Operations, $221,000 below the amount requested and $3,427,000 below the amount provided in fiscal year 2014. US-CERT is the operational arm of the Office of Cybersecurity and Communications and the Committee supports its primary functions, which include analyzing and reducing cyber threats and vulnerabilities, disseminating cyber threat information to public and private sector partners, coordinating with government and industry partners to achieve shared cyber situational awareness, and providing response and recovery support for national assets. Federal Network Security The Committee recommends $171,418,000 for Federal Network Security, $82,000 below the amount requested and $28,307,000 below the amount provided in fiscal year 2014. The U.S. government remains the target of a massive cyber espionage campaign which threatens and endangers national security. The Committee has consistently recognized this threat and provided the requested funding to NPPD to protect our civilian departments and agencies from cyber intrusions. Federal Network Security manages activities designed to enable civilian departments and agencies to secure their systems and networks, including the Continuous Diagnostics and Mitigation (CDM) program, and it provides a single, accountable focal point for achieving cyber infrastructure security and compliance throughout the federal enterprise. The recommendation includes a reduction of $25,421,000 below the fiscal year 2014 level, as requested, to align the budget with the planned acquisition profile for CDM. Diagnostic software procured by these funds shall operate in accordance with all applicable privacy laws and related agency restrictions regarding personally identifiable information and sensitive data or content. This program must, therefore, ensure both the security and network integrity of federal government systems, as neither can be compromised. The Committee includes a general provision directing the DHS CFO, in conjunction with NPPD, to submit a report detailing the obligation and expenditure of funds not later than 45 days after the date of enactment of this Act, and quarterly thereafter to the Committees on Appropriations. Network Security Deployment The Committee recommends $377,500,000 for Network Security Deployment, $190,000 below the amount requested and $4,752,000 below the amount provided in fiscal year 2014. Network Security Deployment manages the National Cybersecurity Protection System (NCPS), operationally known as EINSTEIN, which is an integrated intrusion detection, analytics, information sharing, and intrusion prevention system utilizing hardware, software, and other components to support DHS cybersecurity responsibilities. Funds are included to continue the planned procurement of the third generation of the NCPS (also known as EINSTEIN 3 or E\3\A), which will expand current capabilities by enabling DHS to assume a more active role in securing civilian .gov network traffic and reducing the threat vectors available to malicious actors seeking to harm federal networks. Once fully deployed, E\3\A will apply in-line protection measures to a wide set of federal network traffic protocols; alert on a cyber threat; and act on that threat to stop malicious traffic. However, the Committee is increasingly concerned with the planned acquisition schedule for NCPS, which has experienced delays, and the overall efficacy of signature-based systems for the protection of networks. DHS's strategy relies on Internet Service Providers (ISPs) to deliver this capability but, to date, only one ISP has delivered the capability, putting the program in jeopardy. For this program to be successfully implemented, it is imperative that DHS move hastily to establish effective working relationships with each of the Tier 1 ISPs. Given its prominent role, as delegated by OMB, in securing .gov network traffic, DHS must also improve its relationships with the departments and agencies participating in this program and better prepare those customers for the deployment of E\3\A. Further, DHS must explore new capabilities for the detection of malicious traffic, such as behavioral analysis and the identification of zero-day threats. The recommendation includes a reduction of $7,515,000, as requested, to align the budget with the revised acquisition profile for NCPS. NPPD is directed to brief the Committee, not later than 60 days after the date of enactment of this Act, on the specific steps it is taking to engage the private sector and Federally Funded Research and Development Centers to better understand the state-of-technology, and the challenges, threats to, and opportunities for E\3\A and NCPS. This briefing shall outline NPPD's plans to introduce new behavioral-based detection and zero-day threat discovery tools into NCPS; its strategy for integrating capabilities between the NCPS and CDM programs; the mechanisms DHS is considering to more effectively compel participation in these programs; and an updated acquisition profile for NCPS. Software procured with these funds shall operate in accordance with all applicable privacy laws and related agency restrictions regarding personally identifiable information and sensitive data or content. Funds were provided in fiscal year 2014 to continue supporting information sharing efforts aimed at protecting federal and private sector critical infrastructure. This mission is imperative and the recommendation includes funding for NPPD's voluntary Enhanced Cybersecurity Services program, allowing DHS to share security information with owners and operators of critical infrastructure through qualified Commercial Service Providers. With this funding, NPPD is directed to deploy advanced technologies to expand the broader cybersecurity community's access to DHS threat information and analysis. The Committee includes a general provision directing the CFO, in conjunction with NPPD, to submit a report detailing the obligation and expenditure of funds not later than 45 days after the date of enactment of this Act, and quarterly thereafter, to the Committees on Appropriations. Communications The Committee recommends $131,378,000 for communications programs, $48,599,000 below the amount requested and $85,000 below the amount provided in fiscal year 2014. Of the total amount recommended, $36,401,000 is for the Office of Emergency Communications; $53,324,000 is for Priority Telecommunications Services; $10,092,000 is for Programs to Study and Enhance Telecommunications; $10,403,000 is for Critical Infrastructure Protection Programs; and $21,158,000 is for Next Generation Networks, equal to the fiscal year 2014 level but $48,413,000 below the amount requested, reflecting the constraints placed upon the Committee by Public Law 113-67, which set binding caps on discretionary defense spending in fiscal year 2015. SLTT Cybersecurity Support The fiscal year 2015 request proposes to reduce support for the Multi-State Information Sharing and Analysis Center (MS- ISAC), which provides critical cybersecurity services to state, local, tribal and territorial governments (SLTTs), and aggregates and analyzes cyber threat and vulnerability information from SLTTs to help NPPD protect our collective cyberspace. The funding reduction is premised on an expectation that MS-ISAC's SLTT customers would provide cost sharing in fiscal year 2015 equal to the amount of the federal funding reduction. The Committee expects reductions in federal support for MS-ISAC to be coordinated with the replacement of federal funding by support from SLTT customers, and directs NPPD to update the Committee on its plans for transitioning to SLTT cost-sharing and how NPPD is ensuring that cybersecurity support for SLTTs is not diminished. National Cybersecurity and Communications Integration Center The recommendation fully supports the efforts of the National Cybersecurity and Communications Integration Center (NCCIC), which is a focal point within the federal government for cybersecurity with responsibilities that include the protection of federal systems and nonfederal critical information systems as well as the coordination of national incident response. As such, the NCCIC serves as a centralized location where operational elements involved in cybersecurity and communications reliance are coordinated and integrated. To operate at the intersection of the private sector, civilian, law enforcement, intelligence, and defense communities, the NCCIC effectively partners with all federal departments and agencies; SLTTs; the private sector; and international entities. Funds are provided to continue the NCCIC's efforts to apply unique analytic perspectives, ensure shared situational awareness, and synchronize response efforts while protecting the privacy rights of Americans in both the cybersecurity and communications domains. The U.S. continues to be the target of massive cyber attacks which threaten the country's economic competitiveness and the security of our Nation. DHS and NPPD lead the effort to protect the Nation's critical infrastructure, to protect our civilian government networks, and to collaborate with the private sector to enhance cybersecurity. The NCCIC stands at the forefront of this mission. FEDERAL PROTECTIVE SERVICE Appropriation, fiscal year 2014....................... $1,301,824,000 Budget request, fiscal year 2015...................... 1,342,606,000 Recommended in the bill............................... 1,342,606,000 Bill compared with: Appropriation, fiscal year 2014................... +40,782,000 Budget request, fiscal year 2015.................. - - - Mission The Federal Protective Service (FPS) is responsible for the protection of federally owned and leased buildings and properties, particularly those under the charge and control of GSA. Funding for FPS is provided through a security fee charged to all GSA building tenants in FPS-protected buildings. FPS has three major law enforcement initiatives: protection services to all federal facilities throughout the United States and its territories; expanded intelligence and anti-terrorism capabilities; and Special Programs, including weapons of mass destruction detection, hazardous material detection and response, and canine programs. Recommendation The Committee recommends $1,342,606,000 for FPS, the same as the amount requested and $40,782,000 above the amount provided in fiscal year 2014. This amount is fully offset by fees collected from FPS customer agencies. A provision is included in the bill requiring the Secretary and the Director of OMB to certify that FPS will collect sufficient fee revenue to fully fund operations, as requested in the budget. Should sufficient revenue not 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. A provision is included in the bill requiring FPS to include with the submission of the fiscal year 2016 budget request a strategic human capital plan which aligns fee collections to personnel requirements based on a current threat assessment. OFFICE OF BIOMETRIC IDENTITY MANAGEMENT Appropriation, fiscal year 2014....................... $227,108,000 Budget request, fiscal year 2015...................... 251,584,000 Recommended in the bill............................... 250,359,000 Bill compared with: Appropriation, fiscal year 2014................... +23,251,000 Budget request, fiscal year 2015.................. -1,225,000 Mission The Office of Biometric Identity Management (OBIM) is the lead entity within DHS for biometric identity management services. OBIM matches, stores, shares, and analyzes biometric identity information with federal, state, local, and tribal law enforcement, the Intelligence Community, and strategic foreign partners. Recommendation The Committee recommends a total appropriation of $250,359,000 for OBIM, $1,225,000 below the amount requested and $23,251,000 above the amount provided in fiscal year 2014. Funds requested for OBIM are reduced by $1,000,000 to partially offset significant shortfalls in the President's budget request for DHS due to: (1) assumed increases in aviation passenger fee collections that have yet to be authorized and that are not in the jurisdiction of the Committee on Appropriations; (2) unjustified reductions to essential frontline operations; and (3) the repeated failure of the Department to comply with statutory requirements. Automated Biometric Identification System (IDENT) The recommendation includes the amount requested for IDENT system improvements, building on the investments funded in fiscal year 2014. These improvements will enable the system to meet current requirements and provide some capability enhancements which can be leveraged and reused in a future replacement system. However, the Committee recognizes these improvements are a stopgap and do not address the architectural limitations of the aging IDENT system, which is rapidly approaching the end of its lifespan. The Committee directs OBIM to submit a plan for the replacement of IDENT, including the estimated costs and schedule for replacement, not later than 120 days after the date of enactment of this Act. OBIM shall include in the plan the IDENT requirements for supporting the implementation of a biometric exit system by CBP, as mandated in Title I of the bill. Unique Identity OBIM is directed to continue semi-annual briefings on interagency coordination among the Departments of Homeland Security, Justice, State, and Defense, and progress towards integrating the various biometric systems, including Unique Identity. Office of Health Affairs Appropriation, fiscal year 2014....................... $126,763,000 Budget request, fiscal year 2015...................... 125,767,000 Recommended in the bill............................... 127,958,000 Bill compared with: Appropriation, fiscal year 2014................... +1,195,000 Budget request, fiscal year 2015.................. +2,191,000 Mission The Office of Health Affairs (OHA) serves as the Department of Homeland Security's principal agent for all medical and public health matters, and has the lead DHS role in chemical and biological defense activities to ensure the health and medical security of our Nation. Recommendation The Committee recommends $127,958,000 for OHA, $2,191,000 above the amount requested and $1,195,000 above the amount provided in fiscal year 2014. The Committee denies the Administration's proposed PPA restructuring and maintains the appropriation structure as enacted in fiscal year 2014. A comparison of the budget estimate to the Committee recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget Estimate Recommended ------------------------------------------------------------------------ BioWatch.......................... $84,651,000 $86,891,000 National Biosurveillence 8,000,000 9,100,000 Integration System............... Chemical Defense Program.......... 824,000 824,000 Planning and Coordination......... 4,995,000 4,995,000 Salaries and Expenses............. 27,297,000 26,148,000 ------------------------------------- Total, Office of Health $125,767,000 $127,958,000 Affairs...................... ------------------------------------------------------------------------ Biosurveillance Activities The Committee recommends $86,891,000 for the BioWatch program, $2,240,000 above the amount requested and $1,614,000 above the amount provided in fiscal year 2014. The equipment necessary to operate the current BioWatch system is nearing the end of its estimated lifecycle and will require recapitalization or replacement to prevent system failures. In light of the Department's formal cancellation of the Generation 3 acquisition, the Committee recommends $2,240,000 above the request to begin replacing aging equipment to ensure the biodetection capabilities of the current BioWatch program are maintained. The Committee supports continued efforts to pursue the next generation biodetection capabilities and is aware that OHA and S&T are developing a plan for the continued research, development, and acquisition for future technologies. OHA and S&T are directed to brief the Committee on the path forward for BioWatch and biosurveillance programs, including efforts to upgrade systems currently deployed and plans to explore potential technologies for future development and deployment. Because clinical biosurveillance can provide important context for BioWatch actionable results, the Committee believes OHA should accelerate efforts to integrate BioWatch with the clinical biosurveillance capabilities being developed by the National Biosurveillance Integration Center (NBIC), including those developed through successful pilots. OHA shall report to the Committee, not later than 60 days after the date of enactment of this Act, on its progress and plans related to integrating BioWatch with NBIC biosurveillance capabilities. National Biosurveillance Integration Center The Committee recommends $9,100,000 for NBIC, $1,100,000 above the amount requested and $900,000 below the amount provided in fiscal year 2014. The Committee is concerned that OHA's budget request for operationalization of successful NBIC pilot programs may be insufficient to fully leverage prior year investments in potential biosurveillance solutions. As a result, the Committee recommends a total of $2,000,000 for operationalization of successful pilots funded in prior years, $1,100,000 above the budget request. Prior to obligation of this funding, OHA shall brief the Committee on its evaluation of the NBIC pilot projects and its proposal for operationalization of successful pilots, including the resulting capability enhancements and the funding requirements for those activities in fiscal year 2015 and future years. Anthrax Vaccinations for First Responders Following a multi-year, interagency effort, DHS issued guidance in 2012 on protecting responders' health following a wide-area aerosol anthrax attack. Since that time, OHA has continued to conduct extensive research and stakeholder engagement on the feasibility of developing an anthrax vaccination program for first responders. Given the interest from the first responder community, and the availability of expiring doses of the vaccine in the strategic national stockpile that will otherwise go to waste, the Committee supports OHA's continued efforts to develop and implement an anthrax vaccination pilot program. OHA is directed to brief the Committee not later than 60 days after the date of enactment of this Act on an implementation plan for an anthrax vaccination pilot program, including anticipated costs and schedule; appropriate education, training, and other efforts to inform and prepare participants; and criteria to evaluate the effectiveness of a pilot and the viability and requirements of expanding to a full-scale program. Salaries and Expenses The Committee recommends $26,148,000 for Salaries and Expenses, $1,149,000 below the amount requested and $481,000 above the amount provided in fiscal year 2014. Funds requested for Salaries and Expenses are reduced by $1,000,000 to partially offset significant shortfalls in the President's budget request for DHS due to: (1) assumed increases in aviation passenger fee collections that have yet to be authorized and that are not in the jurisdiction of the Committee on Appropriations; (2) unjustified reductions to essential frontline operations; and (3) the repeated failure of the Department to comply with statutory requirements. Federal Emergency Management Agency SALARIES AND EXPENSES Appropriation, fiscal year 2014....................... $946,982,000 Budget request, fiscal year 2015...................... 924,664,000 Recommended in the bill............................... 913,120,000 Bill compared with: Appropriation, fiscal year 2014................... -33,862,000 Budget request, fiscal year 2015.................. -11,544,000 Mission The Federal Emergency Management Agency (FEMA) manages and coordinates the federal response to major domestic disasters and emergencies of all types in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act. It supports the effectiveness of emergency response providers at all levels of government in responding to terrorist attacks, major disasters, and other emergencies. FEMA also administers public assistance and hazard mitigation programs to prevent or reduce the risk to life and property from floods and other hazards. Finally, FEMA leads all federal incident management preparedness and response planning through a comprehensive National Incident Management System that involves federal, state, tribal, and local government personnel, agencies, and regional authorities. FEMA provides for the development and maintenance of an integrated, nationwide capability to prepare for, mitigate against, respond to, and recover from the consequences of major disasters and emergencies of all types in partnership with other federal agencies, state, local and tribal governments, volunteer organizations, and the private sector. Salaries and Expenses supports all of FEMA's programs by coordinating all policy, managerial, resource, and administrative actions between headquarters and regional offices. Recommendation The Committee recommends $913,120,000 for Salaries and Expenses, $11,544,000 below the amount requested and $33,862,000 below the amount provided in fiscal year 2014. The recommendation combines the Response and Recovery PPA's, as requested. Further, the recommendation includes a reduction of $4,900,000 due to: (1) assumed increases in aviation passenger fee collections that have yet to be authorized and that are not under the jurisdiction of the Committee on Appropriations; (2) detrimental, unjustified proposals to severely reduce the Department's essential frontline operations; and (3) the repeated failure to comply with statutory requirements. The following table summarizes the Committee's recommendation: ------------------------------------------------------------------------ Budget Request Recommended ------------------------------------------------------------------------ Administrative and Regional $245,218,000 $239,283,000 Offices.......................... Preparedness and Protection....... 185,000,000 184,659,000 Response.......................... 167,376,000 - - - Recovery.......................... 56,030,000 - - - Response and Recovery............. - - - 222,675,000 Mitigation........................ 25,782,000 25,738,000 Mission Support................... 141,809,000 137,316,000 Centrally Managed Accounts........ 103,449,000 103,449,000 ------------------------------------- Total, Salaries and Expenses.. $924,664,000 $913,120,000 ------------------------------------------------------------------------ Budget Justification Material FEMA shall provide in the budget justification for fiscal year 2016 a breakout by PPA that includes the actual funding from the prior fiscal year, proposed funding for the budget year, and deviations between the two years. For each year, FEMA shall also include the number of positions, the number of FTE, the amount for salaries and benefits, and the amount for each program, showing all sources of funding. Specific information regarding the transfer of funding from other appropriations should be included, with the same level of detail currently provided to the Committee. Mount Weather Emergency Operations Center The Committee recommends $29,862,000 for the Mount Weather Emergency Operations Center facility, $4,000,000 below the amount requested and $862,000 above the amount provided in fiscal year 2014. Due to contract delays, this bill reprioritizes scarce funding towards operations and frontline staffing. Urban Search and Rescue The Committee recommends $27,513,000 for Urban Search and Rescue from within the amount provided for Salaries and Expenses, the same as the amount requested and $7,667,000 below the amount provided in fiscal year 2014. FEMA and Tribal Interactions The Committee is aware that FEMA is in the process of finalizing a proposed Tribal Consultation Policy; is engaged in ongoing consultations with tribal stakeholders related to the Tribal Declarations Pilot guidance; recently established a permanent National Tribal Affairs Advisor position within External Affairs to replace the temporary Special Advisor for National Tribal Affairs position; and that three positions on FEMA's National Advisory Council are reserved for tribal representatives. The Committee encourages FEMA to continue to coordinate closely with tribes on issues related to Stafford Act declarations and with regard to protection, response, recovery, and mitigation capabilities. Hazard Mitigation Unified Guidance The Committee is encouraged by the Hazard Mitigation Unified Guidance FEMA issued in fiscal year 2013, and believes this is a commendable first step in helping applicants and sub- applicants navigate the bureaucracy of the application process and ensure that proposed projects comply with existing federal regulations and statutes. The Committee directs FEMA, working with the Flood Insurance Advocate, to widely disseminate this information to states, territories, tribal governments, and local governments. In addition, the Committee encourages FEMA to highlight the availability of mitigation funds to homeowners, along with the potential of mitigation actions to reduce insurance premiums. The Committee notes that compliance with environmental and historic preservation laws can be complicated, and directs FEMA to provide relevant guidance to homeowners in these areas. Rolling Grant Deadlines The Committee encourages FEMA to consider allowing Hazard Mitigation Assistance (HMA) grant programs to operate on a rolling basis to facilitate greater flexibility for applicants seeking assistance for community mitigation plans and pre- disaster mitigation, and to better accommodate the needs of applicants following an intervening disaster. FEMA is directed to report on the viability of a rolling deadline for HMA grants not later than 90 days after the date of enactment of this Act. STATE AND LOCAL PROGRAMS Appropriation, fiscal year 2014\1\.................... $1,500,000,000 Budget estimate, fiscal year 2015\1\.................. 2,225,469,000 Recommended in the bill\2\............................ 1,500,000,000 Bill compared with: Appropriation, fiscal year 2014................... - - - Budget estimate, fiscal year 2015................. -725,469,000\1\The budget request proposed moving Emergency Management Performance Grants and Firefighter Assistance Grants under State and Local Programs. In fiscal year 2014, these grant programs had separate appropriations totaling $1,030,000,000 within FEMA, not within this program. \2\The bill funds Emergency Management Performance Grants and Firefighter Assistance Grants under separate appropriations totaling $1,030,000,000 within FEMA, not within this program. Mission State and Local Programs help build and sustain the preparedness and response capabilities of the first responder community. These programs include support for various grant and training programs. Recommendation The Committee recommends $1,500,000,000 for State and Local Programs, $725,469,000 below the amount requested and the same as the amount provided in fiscal year 2014. As part of the budget request, the Administration proposed including Firefighter Assistance Grants and Emergency Management Performance Grants under this account. The Committee again denies this proposal and provides funding for both of these grant programs as separate appropriations, consistent with prior years. A comparison of the President's budget proposal to the Committee recommended level by budget activity is as follow: ------------------------------------------------------------------------ Budget Estimate Recommended ------------------------------------------------------------------------ State Homeland Security Grant - - - $466,346,000 Program.......................... Operation Stonegarden......... - - - (55,000,000) Urban Area Security Initiative.... - - - 600,000,000 Nonprofit Security Grants..... - - - (13,000,000) Public Transportation Security - - - 100,000,000 Assistance and Railroad Security Assistance....................... Amtrak Security............... - - - (10,000,000) Over-Road-Bus Security........ - - - (5,000,000) Port Security Grants.............. - - - 100,000,000 Education, Training, and Exercises - - - 233,654,000 Emergency Management Institute - - - (20,569,000) Center for Domestic - - - (64,991,000) Preparedness................. National Domestic Preparedness - - - (98,000,000) Consortium................... National Exercise Program..... - - - (21,094,000) Continuing Training........... - - - (29,000,000) National Preparedness Grant $1,043,200,000 - - - Program.......................... First Responder Assistance Program - - - Emergency Management Performance 350,000,000 - - - Grants\1\........................ Fire Grants\1\.................... 335,000,000 - - - Staffing for Adequate Fire and 335,000,000 - - - Emergency Response (SAFER) Act Grants\1\........................ Training Partnership Grants....... 60,000,000 - - - Education, Training and Exercises. 102,269,000 - - - ------------------------------------- Total State and Local Programs $2,225,469,000 $1,500,000,000 ------------------------------------------------------------------------ \1\The budget recommends funding Emergency Management Performance Grants and Firefighter Assistance Grants under separate approbations totaling $1,030,000,000. For the third year in a row, FEMA proposed a new National Preparedness Grant Program under State and Local Programs. This proposal is denied due to the lack of congressional authorization and the lack of necessary detail required for the initiation of a new program, to include grant guidance and implementation plans. Within the funds available, the Committee recommends $55,000,000 for Operation Stonegarden. All awards under Operation Stonegarden shall be made on a competitive basis to tribal governments and units of local government, including towns, cities, and counties along the borders of the United States, to enhance the coordination between local and federal law enforcement agencies in the furtherance of the Nation's border security. Eligible program costs include, but shall not necessarily be limited to: overtime; vehicle maintenance; vehicle and equipment rental costs; reimbursement for mileage; fuel costs; equipment replacement costs; and travel costs for law enforcement entities assisting other local jurisdictions in law enforcement activities. The Committee directs that only CBP and FEMA make award decisions. No administrative costs shall be deducted by states from Operation Stonegarden awards. The Committee recommends $233,654,000 to sustain Education, Training, and Exercises at the same funding levels and for the same purposes as provided in fiscal year 2014. The Committee is aware of the unique capabilities of regional training centers, which provide initial training to first responders and additional training related to new techniques and technologies. The Committee encourages the Department to include continued support for regional training centers in future funding requests. Within the funds recommended for National Programs, the Committee includes $29,000,000 for Continuing Training and directs FEMA to prioritize funding of not less than $5,000,000, to be competitively awarded, for FEMA-certified rural training in crisis management for school-based incidents; mass fatality planning and response; the development of emergency operation plans; rail car safety; media engagement strategies for first responders; agro-terrorism; food and animal safety; and hazardous materials. Special emphasis should be given to the gaps in rural training identified in the National Needs Assessment currently being conducted. The Committee continues bill language mandating timeframes for the application process for certain grants to ensure that funds do not languish at DHS and limits to not more than five percent the amount a grantee may allocate for expenses directly related to administration of a grant. The Committee continues bill language allowing for the construction of communication towers and requiring grantees to provide reports on their use of funds. In accordance with the 9/11 Act, at least 25 percent of funds allocated to the State Homeland Security Grant Program and Urban Area Security Initiative (UASI) shall be used for Law Enforcement Terrorism Prevention activities. In addition, each state and Puerto Rico shall pass on not less than 80 percent of their grant funding to local units of government within 45 days of receiving the funds. For the fiscal year 2014 grant cycle, the Department appeared to take a step backward in efforts to prioritize UASI funding to the highest risk urban areas by significantly expanding the number of awardees, which diverted funding away from high-risk urban areas while only marginally addressing incremental urban area risk. The explanatory statement accompanying Public Law 113-76 directed the Department to explicitly focus UASI grants on urban areas that are subject to the greatest risk, and to continue to allocate funding in proportion to risk. The Committee continues to believe the Department should avoid a wide dispersal of funding that dilutes the program's impact on the highest-risk areas and strays from UASI's original intent. Because most of the cumulative national risk to urban areas is focused on a relatively small number of cities, the Committee directs the Department to limit UASI funding to urban areas representing up to 80 percent of the cumulative urban area risk. The Committee directs that future grant guidance for all homeland security grant programs shall inform recipients that any training, programs, presentations, or speakers supported with grant funding that provide information related to violent extremism, homegrown violent extremism, or domestic violent extremism must be consistent with applicable laws with respect to racial, ethnic, and religious profiling. The Committee is aware that only three federally-recognized tribes currently issue tribal identification (ID) cards that are compliant with the Western Hemisphere Travel Initiative (WHTI), which facilitate the entry of individuals into the United States from contiguous territory or adjacent islands at land and sea ports of entry. Because many tribal governments face financial challenges in transitioning to WHTI-compliant ID cards, the Committee urges the Secretary to take into consideration the needs of tribes in this area when determining an appropriate allocation for the Tribal Security Grant Program for fiscal year 2015. FIREFIGHTER ASSISTANCE GRANTS Appropriation, fiscal year 2014....................... $680,000,000 Budget request, fiscal year 2015...................... - - - Recommended in the bill............................... 680,000,000 Bill compared with: Appropriation, fiscal year 2014................... - - - Budget request, fiscal year 2015.................. +680,000,000 Mission Firefighter Assistance Grants are provided to local fire departments for the purpose of protecting the health and safety of the public and protecting firefighting personnel, including volunteers and emergency medical service personnel, against fire and fire-related hazards. Recommendation The Committee recommends $680,000,000 for Firefighter Assistance Grants, $680,000,000 above the amount requested and the same as the amount provided in fiscal year 2014. The budget request did not include a separate appropriation for Firefighter Assistance Grants, but instead proposed $670,000,000 for this activity within State and Local Programs. Within the total, the Committee recommends $340,000,000 for the Assistance to Firefighters Grant program (AFG), which provides grants for firefighter equipment, training, vehicles, and other resources. The Committee also recommends $340,000,000 for firefighter jobs under the Staffing for Adequate Emergency Response (SAFER) program. FEMA shall continue to administer the Fire Grant programs as directed in prior year Committee reports. The Committee encourages FEMA to ensure that the formulas used for equipment accurately reflect the current cost of equipment. SAFER Waivers The Committee continues a statutory provision providing the Secretary with broad authority to waive certain provisions of 15 U.S.C. 2229a related to SAFER grants. This annual waiver authority has been available since fiscal year 2009 in response to the fiscal challenges faced by many fire departments in recent years. The reauthorization of the SAFER program by the 112th Congress (Public Law 112-239) provided FEMA with permanent authority to waive certain matching and non- supplantation requirements for grantees based on a determination that a grantee meets economic hardship criteria. The Committee is aware that FEMA has been working with stakeholders to develop these criteria and that the agency hopes to soon be able to implement this new waiver authority. As a result, the Committee expects that fiscal year 2015 should be the last instance in which annual waiver authority will be provided and any waivers in future fiscal years will be limited to the authorization provided in Public Law 112-239. EMERGENCY MANAGEMENT PERFORMANCE GRANTS Appropriation, fiscal year 2014....................... $350,000,000 Budget request, fiscal year 2015...................... - - - Recommended in the bill............................... 350,000,000 Bill compared with: Appropriation, fiscal year 2014................... - - - Budget request, fiscal year 2015.................. +350,000,000 Mission Emergency Management Performance Grant (EMPG) funds are used to support comprehensive emergency management at the state and local levels and to encourage the improvement of mitigation, preparedness, response, and recovery capabilities for all hazards. Recommendation The Committee recommends $350,000,000 for EMPG, $350,000,000 above the amount requested and the same as the amount provided in fiscal year 2014. The request did not include a separate appropriation for EMPG but instead proposed $350,000,000 for this activity within State and Local Programs. Consistent with past years, the Committee does not agree to transfer EMPG to State and Local Programs, continuing instead to fund the EMPG program as a separate appropriation. RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM Appropriation, fiscal year 2014....................... -$1,272,000 Budget request, fiscal year 2015...................... -1,815,000 Recommended in the bill............................... -1,815,000 Bill compared with: Appropriation, fiscal year 2014................... -543,000 Budget request, fiscal year 2015.................. - - - Mission The Radiological Emergency Preparedness Program (REPP) ensures that the health and safety of citizens living near commercial nuclear power plants will be adequately protected in the event of a nuclear power station incident. In addition, the program informs and educates the public about radiological emergency preparedness. REPP provides funding only for emergency preparedness activities of state and local governments that take place beyond nuclear power plant boundaries. UNITED STATES FIRE ADMINISTRATION Appropriation, fiscal year 2014....................... $44,000,000 Budget request, fiscal year 2015...................... 41,407,000 Recommended in the bill............................... 44,000,000 Bill compared with: Appropriation, fiscal year 2014................... - - - Budget request, fiscal year 2015.................. +2,593,000 Mission The mission of the United States Fire Administration (USFA) is to reduce economic losses and loss of life due to fire and related emergencies through leadership, coordination, and support. USFA trains the Nation's first responder and health care leaders to evaluate and minimize community risk, enhance the security of critical infrastructure, and better prepare communities to react to emergencies of all kinds. Recommendation The Committee recommends $44,000,000 for USFA, $2,593,000 above the amount requested and the same as the amount provided in fiscal year 2014. DISASTER RELIEF FUND Appropriation, fiscal year 2014\1\.................... $6,220,908,000 Budget request, fiscal year 2015\2\................... 7,033,465,000 Recommended in the bill\2\............................ 7,033,465,000 Bill compared with: Appropriation, fiscal year 2014................... +812,557,000 Budget request, fiscal year 2015.................. - - -\1\Includes $5,626,386,000 designated for major disasters pursuant to 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. \2\Includes $6,437,793,000 designated for major disasters pursuant to 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. Mission FEMA is responsible for administering disaster assistance programs and coordinating the federal response following presidential disaster declarations. Major activities under the Disaster Relief Fund (DRF) include: providing aid to families and individuals; supporting the efforts of state and local governments to take emergency protective measures, clear debris, and repair infrastructure; mitigating the effects of future disasters; and helping states and local communities manage disaster response, including through the assistance of disaster field office staff and automated data processing support. Recommendation The Committee recommends a total of $7,033,465,000 for the DRF. Of the funds provided, $6,437,793,000 is 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. Of the funding not so designated, $24,000,000 shall be transferred to the DHS OIG for audits and investigations related to disasters. A general provision is included in Title V of this Act that rescinds $388,511,000 from amounts provided for non-major disaster programs in prior years due to the significant balances anticipated to be carried over from fiscal year 2014 into fiscal year 2015 and amounts recovered from previous disasters during project closeouts. The remaining balances, combined with the amount appropriated in this bill, fully fund all known requirements, to include recovery from Hurricane Sandy, the Colorado wildfires, the Oklahoma tornadoes, and other previous disasters, as well as relief efforts for future disasters. A provision is continued in the bill stating the information and timeframes in which FEMA must report to the Committees on the DRF. A report on the obligation of funds for disaster readiness and support, including quarterly updates, is required in Title V of this Act. The Committee continues statutory requirements for annual and monthly DRF reporting as originally directed in Public Law 112-74 and Public Law 113-2. The request proposed to eliminate these requirements even though the reports are used extensively within the Administration and within Congress. The Committee is perplexed that an Administration that prides itself on transparency would propose to delete such vital oversight tools. The Committee is aware of concerns that under current FEMA policy, assistance to communities following snow storms is limited to instances of ``record or near record snowstorms as established by official government records,'' and that cumulative snowfall over an entire winter season may not be fully considered in making determinations related to federal assistance. Not later than 60 days after the date of enactment of this Act, FEMA shall update the Committee on its policies and practices for evaluating whether multiple recent disasters, including multiple weather events, have sufficiently diminished the response capability of state and local governments to warrant FEMA assistance. Localized Impacts Although FEMA may consider the localized impacts of a disaster when recommending a disaster declaration to the President, the Committee is aware of concerns that, in practice, FEMA primarily relies on the state-wide damage threshold, which will be higher for more populous states even if the local impacts of a disaster may be relatively severe. To address these concerns, the Committee directs FEMA to review its disaster declaration recommendation process, including a review of how to more deliberately incorporate into the process the ``localized impacts'' factor outlined under Title 44, Part 206.48 of the Code of Federal Regulations. Sandy Recovery Improvement Act The Committee commends FEMA for its efforts to implement its new authorities under section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189f), which was enacted as a provision of the Sandy Recovery Improvement Act on January 29, 2013 (Public Law 113-2, Division B). Section 428 authorizes the Administrator to establish a Public Assistance Alternative Procedures Program and explicitly lays out the goals of the alternative procedures: (1) reducing the costs to the federal government; (2) increasing flexibility in the administration of such assistance; (3) expediting the provision of such assistance; and (4) providing financial incentives and disincentives for the timely and cost-effective completion of projects. The Committee directs the Administrator to submit quarterly reports, commencing 60 days after the date of enactment of this Act, to the Committee and to the House Committee on Transportation and Infrastructure detailing and describing the projects proceeding under the Public Assistance Alternative Procedures Program. Each report shall include the following: (1) A financial summary of the projects under the section 428 alternative procedures for permanent work, including planned and anticipated projects, and their anticipated obligation and expenditure dates; (2) A brief description of each section 428 project in excess of $50,000,000, a description of how each of these projects is expected to meet the four stated goals for the Program, and a summary of how the section 428 projects below that threshold are cumulatively addressing each of those goals; (3) An overview of the use of sections 406, 422, and 428, including the eligible scope of work and costs of such projects; the eligibility and costs of section 406 mitigation funds, project timetables administrative costs; and other relevant information determined by the Administrator; (4) A summary of the projects under alternative procedures for debris removal; and (5) An identification of challenges and recommendations, including proposed authority modifications, to better enable the Program to achieve the four stated goals. HMGP Administrative Cost Limit FEMA limits use of Hazard Mitigation Grant Program (HMGP) funds for administrative costs to 4.81 percent. It has been called to the Committee's attention that this restriction often proves inadequate for supporting state implementation of HMGP, especially during smaller disasters. These funds are made available from the DRF to support hazard mitigation activities following a disaster declaration. FEMA is directed to research the administrative expense needs of states, consult with states, examine the current limit in light of those findings, and recommend any needed adjustment. FLOOD HAZARD MAPPING AND RISK ANALYSIS Appropriation, fiscal year 2014....................... $95,202,000 Budget request, fiscal year 2015...................... 84,403,000 Recommended in the bill............................... 94,403,000 Bill compared with: Appropriation, fiscal year 2014................... -799,000 Budget request, fiscal year 2015.................. +10,000,000 Mission The mission of the Flood Hazard Mapping and Risk Analysis fund is to modernize, maintain, and digitize the inventory of maps and develop a more integrated process of identifying, assessing, communicating, and mitigating flood related risks. This information is used to determine appropriate risk-based premium rates for the National Flood Insurance Program (NFIP), complete hazard determinations required for the Nation's lending institutions, and develop appropriate mitigation and disaster response plans for federal, state, and local emergency management personnel. Recommendation The Committee recommends $94,403,000 for Flood Hazard Mapping and Risk Analysis, $10,000,000 above the amount requested and $799,000 below the amount provided in fiscal year 2014. The Committee notes that an additional $155,535,000 is available for flood plain management and mapping activities within the National Flood Insurance Fund (NFIF). Mapping Priorities The Committee notes that many flood risk maps have not yet been updated with new engineering and hydrologic data, there are still too many areas which have never been mapped, and there are paper maps reflecting data that is 15 to 40 years old. Because funds to support mapping are necessarily limited, the Committee urges that priority be given to the production of maps with current data and completion of the job of modernizing the entire Nation's inventory of existing flood maps. The Committee is concerned that the cost of tracking mitigation actions is being disproportionately incurred by mapping funds, and encourages FEMA to assess its current approach to allocating tracking costs among related programs. NATIONAL FLOOD INSURANCE FUND Appropriation, fiscal year 2014....................... $176,300,000 Budget request, fiscal year 2015...................... 179,294,000 Recommended in the bill............................... 179,294,000 Bill compared with: Appropriation, fiscal year 2014................... +2,994,000 Budget request, fiscal year 2015.................. - - - Mission NFIF, which was established in the Treasury by the National Flood Insurance Act of 1968, is a fee-generated fund that supports the NFIP. The Act, as amended, authorizes the federal government to provide flood insurance on a national basis. Recommendation The Committee includes bill language providing up to $23,759,000 for salaries and expenses to administer the NFIF, the same as the amount requested and $1,759,000 above the amount provided in fiscal year 2014. Consistent with the budget request, the Committee provides $150,000,000 for flood-related grants. In addition, not less than $155,535,000 is available for flood plain management and flood mapping. Flood mitigation funds are available until September 30, 2016, and funding is offset by premium collections. FEMA is directed to complete the NFIP affordability study as soon as possible. Technical Mapping Advisory Council The Committee is aware of concerns that homeowners can incur significant costs when challenging the accuracy of updated flood maps. The Committee urges FEMA to continue to work with the Army Corps of Engineers and the Technical Mapping Advisory Council to ensure the highest quality data and information is included in maps that are reliable and useful. Endangered Species Act The Committee is aware that communities sometimes face new limitations on development in floodplain areas related to Endangered Species Act requirements. The Committee encourages FEMA to help educate communities participating in the NFIP about such limitations and work with local governments to help determine how they can successfully adapt to such requirements. Flood Insurance Advocate The Committee supports the establishment of a Flood Insurance Advocate, and directs FEMA to allocate funds necessary under this heading to enable the Advocate to carry out his or her statutory responsibilities. The Committee also recommends that the Advocate coordinate directly with relevant staff in the Department of Housing and Urban Development (HUD), along with State Emergency Management Officers, State Hazard Mitigation Officers, and State Floodplain Managers, to ensure communities and policyholders are receiving up-to-date information on NFIP program changes, as well as information on existing federal grant programs to assist in hazard mitigation. Agent Training Materials The Committee directs the NFIP to include in its statutorily required agent training materials information on FEMA's HMA programs that are available to assist communities and homeowners with disaster mitigation activities. Additionally, the Committee directs the NFIP, through its public communications and outreach initiatives, to increase public awareness of its HMA programs in order to better educate all relevant stakeholders on ways to make their communities and homes safer and more disaster-resilient, lower their insurance premiums, and help ensure the long-term financial soundness of the NFIP. Resources for the Community Rating System The Community Rating System (CRS) within the NFIP is a means to encourage and acknowledge community actions to educate citizens about hazard mitigation options, to facilitate property owner mitigation actions and to take steps as a community to reduce losses due to flooding. By joining the CRS program and taking various actions on a rating scale, communities can earn discounts between 5 percent and 45 percent on flood insurance premiums for their citizens. The Committee encourages FEMA to promote more extensive use of CRS nationwide and ensure that adequate resources are provided to implement the program in a robust and timely manner. NATIONAL PREDISASTER MITIGATION FUND Appropriation, fiscal year 2014....................... $25,000,000 Budget request, fiscal year 2015...................... - - - Recommended in the bill............................... 25,000,000 Bill compared with: Appropriation, fiscal year 2014................... - - - Budget request, fiscal year 2015.................. +25,000,000 Mission The National Predisaster Mitigation Fund (PDM) provides technical assistance and grants to state, local, and tribal governments, and to universities to reduce the risks associated with disasters. Resources support the development and enhancement of hazard mitigation plans, as well as the implementation of disaster mitigation projects. Recommendation The Committee recommends $25,000,000 for the PDM, $25,000,000 above the amount requested and the same as the amount provided in fiscal year 2014. The Committee rejects the proposed termination of this program. PDM grants are one of the only sources of mitigation funding to communities prior to a disaster. It has been repeatedly demonstrated that these types of investments lead to significant savings by significantly mitigating risks and reducing damage from future disasters. EMERGENCY FOOD AND SHELTER Appropriation, fiscal year 2014....................... $120,000,000 Budget request, fiscal year 2015...................... 100,000,000 Recommended in the bill............................... 120,000,000 Bill compared with: Appropriation, fiscal year 2014................... - - - Budget request, fiscal year 2015.................. +20,000,000 Mission The Emergency Food and Shelter National Board Program was created in 1983 to supplement the work of local social service organizations within the United States, both private and governmental, to help people in need of emergency assistance. The program provides funds to local communities for homeless programs, including soup kitchens, food banks, shelters, and homeless prevention services. Recommendation The Committee recommends $120,000,000 for the Emergency Food and Shelter Program (EFSP), $20,000,000 above the amount requested and the same as the amount provided in fiscal year 2014. The bill does not include the requested statutory authority to transfer funding and administrative responsibility for EFSP to HUD. Prior to considering a change in the agency administering EFSP, the Committee expects FEMA and HUD to jointly brief the Committee on the rationale for the proposed change; efforts by both agencies to engage stakeholders on the proposal; and a plan for transitioning the program to HUD, including a strategy for preserving EFSP's unique, local decision-making structure and an assessment of how the transition to HUD would affect the current EFSP funding distribution to local jurisdictions. TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES United States Citizenship and Immigration Services Appropriation, fiscal year 2014....................... $113,889,000 Budget request, fiscal year 2015...................... 134,755,000 Recommended in the bill............................... 124,755,000 Bill compared with: Appropriation, fiscal year 2014................... +10,866,000 Budget request, fiscal year 2015.................. -10,000,000 Mission The mission of United States Citizenship and Immigration Services (USCIS) is to adjudicate and grant immigration and citizenship benefits, provide accurate and useful information to its 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, which is an information technology system that enables an employer to determine the eligibility to work in the United States of an employee or job applicant. Recommendation The Committee recommends $124,755,000 for USCIS, $10,000,000 below the President's request and $10,866,000 above the amount provided in fiscal year 2014. As requested, the recommendation includes full funding for E-Verify, including the requested amount to continue the development of a review process for E-Verify final non-confirmations. Due to continued failures by the Office of Congressional Affairs to provide timely and informative assistance to congressional offices regarding normal case work, the Committee approves the use of $3,050,630,000 in estimated fee collections rather than $3,070,630,000 as proposed. USCIS shall continue to provide quarterly briefings on fee revenue and obligations. Within the total fees collected, the Committee directs USCIS to provide not less than $29,000,000 to continue conversion of immigration records to digital format. Although the proposed $10,000,000 in discretionary funds for Immigrant Integration Grants is not provided, a general provision is included in Title V of the bill to permit USCIS to spend not more than $10,000,000 in user fees to support such grants to benefit individuals who are lawfully admitted into the United States. Pay raises for USCIS employees are not supported with discretionary appropriations, but rather through fee revenue. The bill does not prohibit the use of fee revenue to support the proposed pay raise for USCIS but, for purposes of consistency with the treatment of other DHS components, makes potential savings derived from foregoing the pay raise available for E-Verify program enhancements. Although the Committee appreciates the impetus behind the President's request to support the establishment of a Citizenship Foundation, the bill does not provide authority to use fee revenue for that purpose, but encourages USCIS to work with the appropriate authorizing committees to further develop and justify the proposal. E-Verify E-Verify was established in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The internet-based program enables an employer to verify that an employee or job applicant is eligible to work in the United States by comparing the employee's Form I-9 against DHS and Social Security Administration data. More than 500,000 employers are enrolled in the program currently, and it continues to grow by approximately 1,500 new employers per week. More than six million queries had been run by the end of the first quarter of fiscal year 2014. Despite increasing acceptance, additional improvements are necessary to reduce the number of final non-confirmations issued in error and to reduce the enrollment burden on employers. These enhancements are especially important as the system continues to expand, particularly if it becomes mandatory for employers in the future. USCIS is directed to provide semi-annual reports to the Committee on progress in implementing the Verification Information System modernization initiative, which is being rolled out over the next two years, with a particular focus on reducing erroneous non-confirmations and improving ease of use for employers. The Committee also supports efforts to ensure that employers comply with program requirements, and directs USCIS to update the Committee, not later than 30 days of enactment, on the oversight activities of the Monitoring and Compliance Division related to E-Verify. Fraud Detection and National Security Individuals or organizations filing for immigration benefits can sometimes pose a threat to national security, public safety, or the integrity of the nation's legal immigration system. In these limited circumstances, it is critical for the USCIS Office of Fraud Detection and National Security to be able to submit expedited, name-based and fingerprint-based queries to the FBI's criminal history record systems. The Committee intends to review existing practices related to such queries and consider whether improvements are needed to avoid unnecessary delays that are deleterious to national security, law enforcement, or immigration enforcement. Naturalization Ceremonies Again, the Committee directs USCIS to work with local public and private groups to hold naturalization and oath of allegiance ceremonies, and encourages the agency to review policies that limit the use of fee revenue to make small grants and to provide agency employee support to local community groups that are financially unable to host such ceremonies. The Committee supports authorized efforts by DHS to enhance opportunities for highly-skilled immigrants to work and remain in the United States to support U.S. businesses. These specially-trained foreign workers maintain global U.S. economic competitiveness, and ensure the Nation's ability to address complex and evolving security threats and vulnerabilities. DHS is encouraged to move with alacrity through the current, related rulemaking process in order to expeditiously implement the new regulations. Federal Law Enforcement Training Center SALARIES AND EXPENSES Appropriation, fiscal year 2014....................... $227,845,000 Budget request, fiscal year 2015...................... 231,754,000 Recommended in the bill............................... 229,797,000 Bill compared with: Appropriation, fiscal year 2014................... +1,952,000 Budget request, fiscal year 2015.................. -1,957,000 Mission The Federal Law Enforcement Training Center (FLETC) serves as an interagency law enforcement training organization for over 90 federal agencies and numerous state, local, tribal, and international law enforcement agencies. Recommendation The Committee recommends $229,797,000 for FLETC, $1,957,000 below the amount requested and $1,952,000 above the amount provided in fiscal year 2014. The amount includes the funds requested to train the remaining 1,200 of the 2,000 new CBP officers funded in fiscal year 2014. Funds requested for Management and Administration are reduced by $1,000,000 to partially offset significant shortfalls in the President's budget request for DHS due to: (1) assumed increases in aviation passenger fee collections that have yet to be authorized and that are not in the jurisdiction of the Committee on Appropriations; (2) unjustified reductions to essential frontline operations; and (3) the repeated failure of the Department to comply with statutory requirements. FLETC delivers training to personnel across all levels of law enforcement in a collaborative environment, ensuring consistent instruction and uniform understanding of tactics, techniques, and procedures. This consolidated approach also offers fiscal advantages, leveraging economies of scale and shared resources. The Committee supports continued and expanded training efforts at FLETC to leverage the center's unique capabilities, as appropriate for the mission of its law enforcement training participants, instead of less cost- effective alternatives. FLETC is directed to conduct a review of the classification, pay, and fringe benefits of its workforce and recommend to the Committee on Appropriations and Committee on Oversight and Government Reform any legislative changes, including changes to the compensation of FLETC personnel, deemed necessary to recruit and retain workers with the skills and experience required to effectively support FLETC's mission. ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES Appropriation, fiscal year 2014....................... $30,885,000 Budget request, fiscal year 2015...................... 27,841,000 Recommended in the bill............................... 27,841,000 Bill compared with: Appropriation, fiscal year 2014................... -3,044,000 Budget request, fiscal year 2015.................. - - - Mission This account provides for the acquisition, construction, improvements, equipment, furnishings, and related costs for expansion and maintenance of FLETC facilities. Recommendation As requested, the Committee recommends $27,841,000 for Acquisition, Construction, Improvements, and Related Expenses, $3,044,000 below the amount provided in fiscal year 2014. Science and Technology MANAGEMENT AND ADMINISTRATION Appropriation, fiscal year 2014....................... $129,000,000 Budget request, fiscal year 2015...................... 130,147,000 Recommended in the bill............................... 126,955,000 Bill compared with: Appropriation, fiscal year 2014................... -2,045,000 Budget request, fiscal year 2015.................. -3,192,000 Mission The mission of the Science and Technology Directorate (S&T) is to develop and deploy technologies and capabilities to secure the United States homeland. The Directorate conducts, simulates, and enables research, development, testing, evaluation, and the timely transition of homeland security capabilities to federal, state, and local operational end users. This activity includes investments in both evolutionary and revolutionary capabilities with high-payoff potential; early deployment of off-the-shelf, proven technologies to provide for initial defense capability; near-term utilization of emerging technologies to counter current terrorist threats; and development of new capabilities to thwart future and emerging threats. Recommendation The Management and Administration appropriation provides for the salaries and expenses of S&T. The Committee recommends $126,955,000 for Management and Administration, $3,192,000 below the amount requested, and $2,045,000 below the amount provided in fiscal year 2014. Funds requested for Management and Administration are reduced by $2,600,000 to partially offset significant shortfalls in the President's budget request for DHS due to: (1) assumed increases in aviation passenger fee collections that have yet to be authorized and that are not in the jurisdiction of the Committee on Appropriations; (2) unjustified reductions to essential frontline operations; and (3) the repeated failure of the Department to comply with statutory requirements. RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS Appropriation, fiscal year 2014....................... $1,091,212,000 Budget request, fiscal year 2015...................... 941,671,000 Recommended in the bill............................... 979,692,000 Bill compared with: Appropriation, fiscal year 2014................... -111,520,000 Budget request, fiscal year 2015.................. +38,021,000 Mission The mission of the S&T Directorate is to develop and deploy technologies and capabilities to secure the U.S. homeland. The Directorate conducts, stimulates, and enables research, development, testing, evaluation, and the timely transition of homeland security capabilities to federal, state, and local operational end users. This activity includes investments in both evolutionary and revolutionary capabilities with high- payoff potential; early deployment of of-the-shelf, proven technologies to provide for initial defense capabilities; near- term utilization of emerging technologies to counter current terrorist threats; and development of new capabilities to thwart future and emerging threats. Recommendation The Committee recommends $979,692,000 for Research, Development, Acquisition, and Operations (RDA&O), $38,021,000 above the amount requested and $111,520,000 below the amount provided in fiscal year 2014. The Under Secretary for S&T is responsible for carrying out the R&D agenda of the Department, including reducing duplication among R&D efforts and identifying capability gaps. The Committee is concerned that without the ability to easily review and compare detailed information on all S&T projects and activities, the Under Secretary cannot effectively carry out those responsibilities. Accordingly, the Committee directs S&T to develop a method or system for tracking all S&T-funded projects not later than 90 days after the date of enactment of this Act. Information on each project should include: a unique project number, project name, project description, name of project manager, capability gap addressed, project performer(s), estimated return on investment, and transition success. The Under Secretary is directed to brief the Committee on progress made on this tracking system not later than 60 days after the date of enactment of this Act. The Committee has repeatedly expressed concerns about S&T's prioritization of projects. In House Report 113-91, the Committee requested a report to explain how R&D priorities are developed; however, the report did not adequately address the Committee's concerns. The Committee directs S&T to establish written criteria for project prioritization; institute a documented, reproducible process to ensure the criteria for project prioritization and funding are followed; and brief the Committee by October 1, 2014, on the prioritization process developed. Documentation on the review and prioritization of each S&T-funded project shall be maintained and provided to the Committee via quarterly reports that identify newly funded projects, including documentation of how each project meets the prioritization and funding criteria. Furthermore, S&T is directed to brief the Committee on the results of any portfolio reviews conducted in fiscal year 2015 and the assessment of results not later than 30 days after completion of the review. The Committee is aware that modeling and simulation tools can provide powerful and cost-effective planning, training, and response tools for DHS. The Department, under budgetary constraints and increasing threats to domestic security, should further utilize modeling and simulation for training, threat prediction and avoidance, emergency response management, and other vital homeland security obligations. A comparison of the budget estimate to the Committee recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget estimate Recommended ------------------------------------------------------------------------ Research, Development, and $433,788,000 $462,000,000 Innovation....................... Acquisition and Operations Support 41,703,000 41,703,000 Laboratory Facilities............. 435,180,000 434,989,000 University Programs............... 31,000,000 41,000,000 ------------------------------------- Total RDA&O................... $941,671,000 $979,692,000 ------------------------------------------------------------------------ Research, Development, and Innovation For fiscal year 2015, the Committee recommends $462,000,000 for Research, Development, and Innovation (RD&I). This is the same as the amount provided in fiscal year 2014 and $28,212,000 above the amount requested. To provide the new Under Secretary for S&T flexibility to shift resources within the RD&I PPA, the Committee provides the funds for RD&I without breakouts for specific thrust areas. The Committee directs the Under Secretary to provide an updated breakout of RD&I funds across activities based on the Department's and S&T's priorities not later than August 15, 2014. International Research Opportunities The Committee is aware of the ongoing cooperative R&D activities of the Department with the State of Israel. The Committee encourages the Department to continue these activities and to further explore opportunities regarding aviation security, explosive detection, and emergency services. Hosted Sensors The Committee encourages S&T to review the viability of the use of sensors hosted on commercial satellites to improve early warning of fires, tornadoes, and other natural disasters. APEX R&D Congress is pleased with the results of S&T's APEX Research and Development program, which is focused on high-priority and high-value projects that address the capability gaps of DHS components. Unlike other S&T research initiatives, APEX projects are collaborative efforts between DHS component heads and the Under Secretary for S&T. The Committee urges S&T to expand the APEX concept to other areas of S&T work, which will require the adaption of the APEX model into a more nimble framework. This ``APEX-lite'' approach should maintain a multi- disciplinary, team approach that focuses on complex operational issues of strategic importance to leadership; increases emphasis on cross-cutting, multi-component efforts that advance the state-of-the-art for the Department; and focuses on final product delivery in less than five years, with scheduled interim deliverables. S&T is directed to brief the Committee not later than 30 days after the date of enactment of this Act on the APEX-lite funding allocation by project and progress made to field improved technologies based on this new approach. Prize Authority and Other Transaction Authority S&T is encouraged to expand the use of Other Transaction Authority (OTA) to gain access to unique technology providers that are not available through traditional avenues. The Committee is pleased prize authority has been delegated to S&T because competitions have proven to generate unique solutions for other agencies. It is essential that S&T realize the potential for acquiring novel technologies through this mechanism. DHS should fully support the use of innovative ways to bring new technology into the Department as a means to improve capability and efficiency. S&T is encouraged to hold at least one competition using its prize authority delegation during fiscal year 2015. Laboratory Facilities The Committee recommends $434,989,000 for Laboratory Facilities, $191,000 below the amount requested and $112,796,000 below the amount provided in fiscal year 2014. This includes $300,000,000 for construction of the National Bio- and Agro-defense Facility (NBAF) in Manhattan, Kansas. Together with funding provided in prior years, this amount is sufficient to ensure the completion of the facility. The Committee directs S&T to submit a detailed update of its NBAF construction plan and schedule, to include an updated plan for the obligation of funds, not later than 30 days after the date of enactment of this Act. The Committee understands that, until NBAF is operational, the Nation will continue to rely on the Plum Island Animal Disease Center (PIADC) in New York to provide research on biological threats that may impact America's food and livestock industries. The Committee recommends $43,801,000 for high priority projects at PIADC. University Programs and Centers of Excellence The Committee recommends $41,000,000 for University Programs and Centers of Excellence (COE), $10,000,000 above the request and $1,276,000 above fiscal year 2014. This funding level will allow S&T to continue support for all existing COEs, including the new COE to be competitively awarded in the current year. The Committee directs the Department to report on and define the key metrics used to make COE awards. Cybersecurity Research and Development The Committee recognizes that cyber vulnerabilities represent a significant risk to the Nation's electric grid and other control systems vital to our security and economy. In order to address this challenge, the Committee encourages S&T, in collaboration with NPPD, to establish operational cybersecurity research initiatives. These initiatives should involve collaboration among academic institutions, existing federal research and development organizations, and the private sector. The Committee urges the Department to address research, testing, and education as part of this initiative. The Committee understands that strategic investments in cybersecurity research and development through information assurance programs are necessary to develop the next generation of cybersecurity experts and strengthen information protection for mobile devices. The DHS Scholarship Program is a vital component in preparing the workforce to combat cyber crimes and ensure the integrity of information contained on mobile devices. The Committee recommends the DHS Scholarship Program provide additional scholarships to students on mobile device information assurance education tracks. The Committee directs the Secretary to report, not later than 120 days after the date of enactment of this Act, on the current level of cooperation between DHS and DoD, or the possible benefits of cooperation, regarding the development of new and innovative software that improves national capabilities to counter cybersecurity threats. The report should also address the possible use of initiatives at the secondary and post-secondary level; identify the available FTE time of existing cyber experts currently employed by, or contracted with, DoD and DHS; and assess opportunities for the recruitment of veterans into such software development programs. Prophylactic Radiation Protection Capability The Committee directs the Secretary to report, not later than 120 days after the date of enactment of this Act, on cooperation between DoD's Chemical Biological Medical Systems Directorate and the Armed Forces Radiobiology Research Institute regarding a mature prophylactic radiation protection capability for America's military. The report should include an assessment of how that capability might be developed to include rapid distribution to the civilian population in the event of a nuclear or radiological incident. First Responder Networks The Committee supports the efforts of S&T's First Responders Group to develop a national network through which agencies and organizations can access and share information across disciplines, jurisdictions, and information types in a timely fashion. When applicable, federal funding for first responder communications equipment should be compliant with common system standards for digital public safety radio communications (Project 25 standards) to ensure interoperability. S&T, in conjunction with the Director of the National Institute of Standards and Technology, shall continue assessing the compliance of first responder communications equipment with Project 25 standards. Chemical Security The Committee is concerned that the chemical industry's product options for the security of storage and transit cargo containers are based on legacy mechanical sealing technologies. The recent advent of Reusable Electronic Conveyance Security (RECONS) solutions creates a potential opportunity to dramatically upgrade security solutions for critical, hazardous, and/or sensitive materials that are either prepositioned or immediately acquired for a disaster event. To ensure the evaluation of this new class of security devices, the Committee strongly encourages the Department to consider piloting the use of commercially available RECONS that integrate physical security mechanisms with wireless tracking and security systems. Public Access to Federally Funded Research The Committee is aware that major federal research agencies are in the process of drafting and implementing plans to enable public access to federally funded research findings in accordance with guidance the Office of Science and Technology Policy issued in February 2013, and directs S&T to update the Committee on its progress in developing a public access policy not later than 30 days after the date of enactment of this Act. Domestic Nuclear Detection Office MANAGEMENT AND ADMINISTRATION Appropriation, fiscal year 2014....................... $37,353,000 Budget request, fiscal year 2015...................... 37,494,000 Recommended in the bill............................... 36,339,000 Bill compared with: Appropriation, fiscal year 2014................... -1,014,000 Budget request, fiscal year 2015.................. -1,155,000 Mission The Management and Administration appropriation provides for the salaries and expenses of Domestic Nuclear Detection Office (DNDO) employees. Recommendation The Committee recommends $36,339,000 for Management and Administration, $1,155,000 below the amount requested and $1,014,000 below the amount provided in fiscal year 2014. Funds requested for Management and Administration are reduced by $1,000,000 to partially offset significant shortfalls in the President's budget request for DHS due to: (1) assumed increases in aviation passenger fee collections that have yet to be authorized and that are not in the jurisdiction of the Committee on Appropriations; (2) unjustified reductions to essential frontline operations; and (3) the repeated failure of the Department to comply with statutory requirements. Research, Development, and Operations Appropriation, fiscal year 2014....................... $205,302,000 Budget request, fiscal year 2015...................... 199,068,000 Recommended in the bill............................... 201,068,000 Bill compared with: Appropriation, fiscal year 2014................... -4,234,000 Budget request, fiscal year 2015.................. +2,000,000 Mission The Research, Development, and Operations appropriation funds all DHS nuclear detection research, development, test, evaluation, and operational support activities, and the integration and advancement of U.S. nuclear forensics capabilities. Recommendation The Committee recommends $201,068,000 for Research, Development, and Operations, $2,000,000 above the amount requested, and $4,234,000 below the amount provided in fiscal year 2014. A comparison of the budget estimate to the Committee recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget Estimate Recommended ------------------------------------------------------------------------ Systems Engineering and $17,924,000 $17,924,000 Architecture..................... Systems Development............... 22,000,000 22,000,000 Transformational Research and 69,500,000 69,500,000 Development...................... Assessments....................... 38,079,000 38,079,000 Operations Support................ 31,565,000 31,565,000 National Technical Nuclear 20,000,000 22,000,000 Forensics Center................. ------------------------------------- Total......................... $199,068,000 $201,068,000 ------------------------------------------------------------------------ National Nuclear Forensics Expertise Development Program DNDO oversees the National Nuclear Forensics Expertise Development Program (NNFEDP) on behalf of the U.S. Government, a comprehensive effort aimed at developing and sustaining the technical expertise essential to maintaining and improving the Nation's nuclear forensics capabilities. The Committee recommends an increase of $2,000,000 above the request for the NNFEDP to restore proposed cuts to graduate and post-doctoral fellowships, junior faculty and university education awards, and graduate mentoring efforts, and ensure a stable workforce pipeline in the field of nuclear forensics. Advanced Technology Demonstrations The Committee is aware of several advanced active and passive detection technologies currently being tested by DNDO as part of a Nuclear Radiation Imaging Platform (NRIP) project within DNDO's Advanced Technology Demonstrations Program. Within 90 days of enactment of this Act, DNDO shall update the Committee on the status of the NRIP project, including an updated schedule for completing the project. In addition, DNDO, in cooperation with CBP, shall brief the Committee on the viability of proceeding with operational testing of NRIP technologies that meet DNDO's and CBP's detection requirements. SYSTEMS ACQUISITION Appropriation, fiscal year 2014....................... $42,600,000 Budget request, fiscal year 2015...................... 67,861,000 Recommended in the bill............................... 74,861,000 Bill compared with: Appropriation, fiscal year 2014................... +32,261,000 Budget request, fiscal year 2015.................. +7,000,000 Mission The Systems Acquisition appropriation provides for acquisition of radiation and nuclear detection equipment for DHS components and supports state, local, and tribal authorities in the development of nuclear detection capabilities for high-threat, high-density urban areas. Recommendation The Committee recommends $74,861,000 for Systems Acquisition, $7,000,000 above the amount requested, and $32,261,000 above the amount provided in fiscal year 2014. A comparison of the budget estimate to the Committee recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget Estimate Recommended ------------------------------------------------------------------------ Radiation Portal Monitor Program.. $5,000,000 $5,000,000 Securing the Cities............... 12,000,000 19,000,000 Human Portable Radiation Detection 50,861,000 50,861,000 Systems.......................... ------------------------------------- Total......................... $67,861,000 $74,861,000 ------------------------------------------------------------------------ Securing the Cities The Committee recommends $19,000,000 for the Securing the Cities (STC) Program, $7,000,000 above the amount requested and $3,000,000 below the amount provided in fiscal year 2014, to support ongoing efforts in current STC cities and the risk- based expansion to new cities. As planned, DNDO is beginning to transition fully mature STC programs to a sustainment phase, continuing to provide indirect support such as training, equipment testing, and subject matter expertise. The Committee expects the Department to work with stakeholders in each region to develop a coordinated plan prior to transitioning from direct support to sustainment, ensuring a process for considering STC sustainment requirements when determining preparedness grant allocations. DNDO shall continue to provide periodic updates on the program, including the status of implementation in current urban areas, the schedule for the progression of cities through program phases, and a timeline for deploying the program to additional cities. Human Portable Radiation Detection Systems The Committee recommendation includes the funds requested for the Human Portable Radiation Detection Systems program to support the procurement of basic and handheld radiation detection equipment for CBP. TITLE V--GENERAL PROVISIONS--THIS ACT (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) Section 501. The Committee continues a provision providing that no part of any appropriation shall remain available for obligation beyond the current year unless expressly provided. Section 502. The Committee continues a provision providing that unexpended balances of prior appropriations may be merged with new appropriation accounts and used for the same purpose, subject to reprogramming guidelines. Section 503. The Committee continues a provision providing reprogramming authority for funds within an account and not to exceed five percent transfer authority between appropriations accounts with the requirement for a 15-day advance congressional notification. A detailed funding table identifying each congressional control level for reprogramming purposes is included at the end of this report. These reprogramming guidelines shall be complied with by all agencies funded by the Department of Homeland Security Appropriations Act, 2015. The Department shall submit reprogramming requests 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 request submitted to the Committees on Appropriations should include a detailed table showing the proposed revisions at the account, program, project, and activity level to the funding and staffing (FTE position) levels for the current fiscal year and to 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. The Department should only submit reprogramming or transfer requests in the case of an unforeseeable emergency or situation that could not have been predicted when formulating the budget request for the current fiscal year. When the Department submits a reprogramming or transfer request to the Committees on Appropriations and does not receive identical responses from the House and the Senate, it is the responsibility of the Department to reconcile the House and the Senate differences before proceeding, and if reconciliation is not possible, to consider the reprogramming or transfer request not approved. The Department is not to submit a reprogramming or transfer of funds after June 30 except in extraordinary circumstances which 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. Section 504. The Committee continues a provision that prohibits funds appropriated or otherwise made available to the Department to make payment to the Department's Working Capital Fund, except for activities and amounts allowed in the President's fiscal year 2015 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 contributing component. Any funds paid in advance or reimbursed must reflect the full cost of each service. The WCF shall be subject to the requirements of section 503 of this Act. Section 505. The Committee continues a provision providing that not to exceed 50 percent of unobligated balances remaining at the end of fiscal year 2015 from appropriations made for salaries and expenses shall remain available through fiscal year 2016 subject to section 503 reprogramming guidelines. Section 506. The Committee continues a provision providing that funds for intelligence activities are deemed to be specifically authorized during fiscal year 2015 until the enactment of an Act authorizing intelligence activities for fiscal year 2015. Section 507. The Committee continues and modifies a provision requiring notification of the Committees on Appropriations three days before grant allocations, grant awards, contract awards, other transactional agreements, letters of intent, or task or delivery order on a multiple contract award totaling $1,000,000 or more, or a task order greater than $10,000,000 from multi-year funds, is announced by the Department, including contracts covered by the Federal Acquisition Regulation. The Department is required to brief the Committees on Appropriations five full business days prior to announcing the intention to make a grant under State and Local Programs. Notification shall include a description of the project or projects to be funded, including city, county, and state. Section 508. The Committee continues a provision providing that no agency shall purchase, construct, or lease additional facilities for federal law enforcement training without advance approval of the Committees on Appropriations. Section 509. The Committee continues a provision providing that none of the funds may be used 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 bill language into one provision. These provisions relate to contracting officer's technical representative training; sensitive security information, as modified; and the use of funds in conformance with section 303 of the Energy Policy Act of 1992. Section 511. The Committee continues a provision that none of the funds may be used in contravention of the Buy American Act. Section 512. The Committee continues a provision on reporting requirements of the DHS Privacy Officer. Section 513. The Committee continues a provision regarding the oath of allegiance required by section 337 of the Immigration and Nationality Act. Section 514. The Committee continues and modifies a provision requiring the Chief Financial Officer to submit monthly budget execution and staffing reports within 30 days after the close of each month. The Committee modifies the provision to include a requirement for source years for all unobligated balances in multi-year appropriations, with the exception of FEMA DRF. The Committee further modifies the provision to require a detailed obligation and expenditure plan for specified Departmental components, including quarterly updates for certain programs. Section 515. The Committee continues a provision that directs that any funds appropriated or transferred to TSA ``Aviation Security'', ``Administration'', and ``Transportation Security Support'' in fiscal years 2004 and 2005, which are recovered or deobligated, shall be available only for procurement and installation of explosive detection systems for air cargo, baggage, and checkpoint screening systems, subject to notification. The Committee also requires quarterly reports on recovered or deobligated funds. Section 516. The Committee continues a provision requiring any funds appropriated to the Coast Guard's 110-123 foot patrol boat conversion that are recovered, collected, or otherwise received as a result of negotiation, mediation, or litigation, shall be available until expended for the Fast Response Cutter program. Section 517. The Committee continues a provision classifying the functions of the instructor staff at the Federal Law Enforcement Training Center as inherently governmental for purposes of the Federal Activities Inventory Reform Act. Section 518. The Committee modifies a provision regarding grants or contracts awarded by any means other than full and open competition. The Inspector General is required to review Departmental contracts awarded noncompetitively and report on the results to the Committees. Section 519. The Committee continues a provision that prohibits funding for any position designated as a Principal Federal Official during a Stafford Act declared disaster or emergency. Section 520. The Committee continues a provision that precludes DHS from using funds in this Act to carry out reorganization authority. This prohibition is not intended to prevent the Department from carrying out routine or small reallocations of personnel or functions within components, subject to Section 503 of this Act. This language prevents large scale reorganization of the Department, which the Committee believes should be acted on statutorily by the relevant Congressional committees of jurisdiction. Section 521. The Committee continues a provision prohibiting funding to grant an immigration benefit to any individual unless the results of background checks required in statute, to be completed prior to the granting of the benefit, have been received by DHS. Section 522. The Committee continues and modifies a provision relating to other transactional authority of DHS through fiscal year 2015. Section 523. The Committee continues a provision that requires the Secretary to link all contracts that provide award fees to successful acquisition outcomes. Section 524. The Committee continues a provision requiring the Secretary to notify the Congress within 2 business days of any request for a waiver, not solely waivers requested to transport oil released from the Strategic Petroleum Reserve. Section 525. The Committee continues a provision related to prescription drugs. Section 526. The Committee continues a provision requiring the Secretary of Homeland Security, 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 within the Department of Homeland Security. No funds may be obligated until the Subcommittees approve the proposed transfers. Section 527. The Committee continues a provision prohibiting funds for planning, testing, piloting, or developing a national identification card. Section 528. The Committee continues a provision regarding FEMA's public notice of damage assessment information used to determine disaster declarations. Section 529. 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 any authority unless expressly authorized to do so in this Act. Section 530. The Committee continues and modifies a provision that extends the date of the chemical facilities security program. Section 531. The Committee continues a provision prohibiting the use of funds for the transfer or release of individuals detained at the United States Naval Station, Guantanamo Bay, Cuba. Section 532. The Committee continues a provision prohibiting funds in this Act to be used for first-class travel. Section 533. The Committee continues a provision prohibiting funds to be used to employ illegal workers as described in Section 274A(h)(3) of the Immigration and Nationality Act. Section 534. The Committee continues a provision on the proper disposal of personal information collected through the Registered Traveler program. A report on procedures and status is required to be submitted not later than 30 days after the date of enactment of this Act. Section 535. 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 536. The Committee continues a provision that requires any new processes developed to screen aviation passengers and crews for transportation or national security to consider privacy and civil liberties, consistent with applicable laws, regulations, and guidance. Section 537. The Committee continues and modifies a provision that makes deposits into the Immigration Examinations Fee Account available to USCIS for the purposes of immigrant integration grants, not to exceed $10,000,000, in fiscal year 2015. Grants may not be used to provide services to aliens who have not been lawfully admitted for permanent residence. Section 538. The Committee continues a provision prohibiting funds appropriated or otherwise made available by this Act from being used to enter into federal contracts unless in accordance with the Federal Property and Administrative Services Act or the Federal Acquisition Regulation, unless otherwise authorized by statute. Section 539. The Committee continues and modifies a provision providing $30,000,000 for Financial Systems Modernization (FSM) efforts across the Department. The Committee strongly supports the reform and improvement of the Department's financial systems and recommends funding to align to the revised acquisition profile. CFO is directed to keep the Committee informed on FSM efforts, including the transfer and application of the funds made available by this section, as per the transfer guidelines prescribed in the bill, and any major deviations from the current acquisition profile. Section 540. The Committee continues a provision permitting the Secretary to transfer up to $20,000,000 to address immigration emergencies notwithstanding section 503 of this Act. Section 541. The Committee continues a provision regarding disposal of Service Processing Centers or other ICE owned detention facilities. Section 542. The Committee continues and modifies a provision requiring a multi-year investment and management plan. Section 543. The Committee continues a provision requiring the Secretary to enforce all existing immigration laws. Section 544. The Committee continues and modifies a provision regarding federal network security. Section 545. The Committee continues a provision regarding restrictions on electronic access to pornography, except for necessary law enforcement purposes. Section 546. The Committee continues a provision regarding the transfer of firearms by federal law enforcement personnel. Section 547. The Committee continues a provision prohibiting funds from being obligated to implement the National Preparedness Grant Program or any other successor grant program unless specifically authorized by Congress. Section 548. The Committee continues and modifies a provision prohibiting funds for the position of Public Advocate or a successor position within ICE. Section 549. The Committee continues and modifies a provision permitting CBP to conduct a pilot program in accordance with section 559 of division F of Public Law 113-76 that permits CBP to enter into partnerships with the private sector at ports of entry and to except certain donations. Section 550. The Committee continues a provision regarding funding restrictions and reporting requirements regarding conferences occurring outside of the United States. Section 551. The Committee continues and modifies a provision limiting the use of funds to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, corporations convicted of a felony criminal violation of federal law within the preceding 24 months. Section 552. The Committee continues and modifies a provision limiting the use of funds to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, corporations with certain unpaid Federal tax liabilities. Section 553. The Committee continues a provision prohibiting the reimbursement of funds to any federal department or agency for its participation in a NSSE. Section 554. The Committee continues a provision prohibiting new preclearance locations unless specified conditions are met. Section 555. The Committee includes a new provision prohibiting any funds from this or any other Act to be used to require airport operators to provide airport-financed staffing to monitor exit points from the sterile area of any airport at which TSA provided such monitoring as of December 1, 2013. Section 556. The Committee includes a new provision prohibiting any funds from this Act from being used to require a chemical facility to employ or not employ a particular security measure for personnel surety if the facility has adopted the appropriate personnel measures. Section 557. The Committee continues a provision that permits the Secretary to grant waivers from specified requirements of section 34 of the Federal Fire Prevention and Control Act of 1974. Section 558. The Committee continues a provision prohibiting the establishment of a land border crossing fee or to conduct a study relating to the imposition of such a fee. Section 559. The Committee continues a provision regarding the availability of COBRA fee revenue. Section 560. The Committee continues and modifies a provision requiring the Secretary to report on the Department's requirements for and usage of ammunition. Section 561. The Committee includes a new provision requiring the Secretary to report on the Department's requirements for and usage of weapons. Section 562. The Committee includes a new provision prohibiting funds from being used for environmental remediation of a specified location. Section 563. The Committee includes a new provision directing the inclusion of budget justification for any structural pay reform that affects more than 100 FTE positions or costs more than $5,000,000. Section 564. The Committee includes a new provision directing the inclusion of budget justification for acquisitions and directs the development of the definition for expense items and investment items. Section 565. The Committee includes a new provision making a Transportation Security Officer employed by TSA who died in the line of duty at the Los Angeles International Airport a public safety officer, for the purpose of affording the standard public safety officer benefits available under the Omnibus Crime Control and Safe Streets Act of 1968 to the Officer's widow and children. Section 566. The Committee includes a new provision that prohibits the use of funds by ICE to pay for an abortion, except in the case of rape or to preserve the life of the mother. Section 567. The Committee includes a new provision that prohibits the use of funds by ICE to require any person to perform or facilitate the performance of an abortion. Section 568. The Committee includes a new provision that establishes the obligation of the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement to provide escort services to an inmate receiving an abortion outside of a Federal facility, except where this obligation conflicts with the preceding section. Section 569. The Committee includes a new provision requiring that OMB and DHS ensure the congressional budget justifications accompanying the President's budget proposal for DHS, include estimates of the number of unaccompanied alien children anticipated to be apprehended in the budget year; the number of agent or officer hours required to care for such children; all other associated costs for each Departmental component; and, all costs associated with transporting such children from one Departmental component to another component or Federal agency. Section 570. The Committee continues and modifies a provision rescinding unobligated balances from specified programs. Section 571. The Committee continues and modifies a provision rescinding specified funds from the Treasury Forfeiture Fund. Section 572. The Committee continues and modifies a provision rescinding unobligated balances from legacy programs. Section 573. The Committee continues and modifies a provision rescinding unobligated balances from FEMA DRF. Section 574. The Committee continues a provision that prohibits new budget authority from exceeding budget allocation in fiscal year 2015. 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 Rules of the House of Representatives, the results of each roll call vote on an amendment or 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 of the Rules of the House of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: The Committee on Appropriations considers program performance, including a program's success in developing and attaining outcome-related goals and objectives, in developing funding recommendations. RESCISSION OF FUNDS Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House of Representatives, the following table is submitted describing the rescissions recommended in the accompanying bill: Account/Activity Rescissions Public Law 112-10, Coast Guard, AC&I--Reduction of Unobligated Balances..................................................$2,550,000 Public Law 112-74, Coast Guard, AC&I--Reduction of Unobligated Balances.................................................. 4,095,000 Public Law 113-6, Coast Guard, AC&I--Reduction of Unobligated Balances..................................................16,892,000 Public Law 113-76, CBP, OAM--Reduction of Unobligated Balances 8,000,000 Public Law 113-76, TSA, Aviation Security, Screener PC&B......20,000,000 Public Law 113-76, Coast Guard, AC&I--Reduction of Unobligated Balances..................................................52,905,000 S&T, Research, Development, Acquisition, & Operations (70
0800)...........................................14,000,000 Treasury Asset Forfeiture Fund...............................200,000,000 Legacy Balances, CBP, Salaries and Expenses................... 1,362,000 FEMA, Disaster Relief Fund (70-X-0702).......................388,511,000 TRANSFER OF FUNDS Pursuant to clause 3(f)(2), rule XIII of the Rules of the House of Representatives, the following is submitted describing the transfer of funds provided in the accompanying bill. The table shows, by title, department and agency, the appropriations affected by such transfers: Appropriation Transfers Recommended in the Bill ---------------------------------------------------------------------------------------------------------------- Account from which transfer is Account to which transfer is to be made Amount to be made Amount ---------------------------------------------------------------------------------------------------------------- Office of Inspector General................... $24,000,000 FEMA--Disaster Relief Fund...... $24,000,000 ---------------------------------------------------------------------------------------------------------------- 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 italic, existing law in which no change is proposed is shown in roman): 2002 SUPPLEMENTAL APPROPRIATIONS ACT FOR FURTHER RECOVERY FROM AND RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES (Public Law 107-206) * * * * * * * TITLE I--SUPPLEMENTAL APPROPRIATIONS * * * * * * * CHAPTER 12--DEPARTMENT OF THE TREASURY * * * * * * * GENERAL PROVISIONS--THIS CHAPTER * * * * * * * Sec. 1202. (a) The Federal Law Enforcement Training Center may, for a period ending not later than [December 31, 2016] December 31, 2017, appoint and maintain a cadre of up to 350 Federal annuitants: (1) without regard to any provision of title 5, United States Code, which might otherwise require the application of competitive hiring procedures; and (2) who shall not be subject to any reduction in pay (for annuity allocable to the period of actual employment) under the provisions of section 8344 or 8468 of such title 5 or similar provision of any other retirement system for employees. A reemployed Federal annuitant as to whom a waiver of reduction under paragraph (2) applies shall not, for any period during which such waiver is in effect, be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or such other retirement system (referred to in paragraph (2)) as may apply. * * * * * * * ---------- HOMELAND SECURITY ACT OF 2002 * * * * * * * TITLE VIII--COORDINATION WITH NONFEDERAL--ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS * * * * * * * Subtitle D--Acquisitions SEC. 831. RESEARCH AND DEVELOPMENT PROJECTS. (a) Authority.--[Until September 30, 2014,] Until September 30, 2015, and subject to subsection (d), the Secretary may carry out a pilot program under which the Secretary may exercise the following authorities: (1) * * * * * * * * * * (c) Additional Requirements.-- (1) In general.--The authority of the Secretary under this section shall terminate [September 30, 2014,] September 30, 2015, unless before that date the Secretary-- (A) * * * * * * * * * * DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007 * * * * * * * TITLE V--GENERAL PROVISIONS * * * * * * * Sec. 550. (a) * * * (b) Interim regulations issued under this section shall apply until the efftctive date of interim or final regulations promulgated under other laws that establish requirements and standards referred to in subsection (a) and expressly supersede this section: Provided, That the authority provided by this section shall terminate [on October 4, 2014] on October 4, 2015. * * * * * * * COMPLIANCE WITH RULE XIII, CL. 3(F)(1)(A) Pursuant to clause 3(f)(1) 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--DEPARTMENT MANAGEMENT AND OPERATIONS Office of the Secretary and Executive Management The Committee includes language providing funds for the Office of the Secretary and Executive Management (OSEM) offices, including funds for official reception and representation expenses. The Committee requires the Secretary submit an implementation plan for biometric exit and specifies certain funding levels for aircraft. Office of the Under Secretary for Management The Committee includes language providing funds for reception and representation expenses; for costs necessary to consolidate headquarters operations, including tenant improvements and relocation costs; and for the human resources information technology program. The Committee requires submission of a Comprehensive Acquisition Status Report. Office of the Chief Financial Officer The Committee includes language providing funds for the Chief Financial Officer. The Committee requires submission of a Future Years Homeland Security Program concurrent with the budget request. Office of the Chief Information Officer The Committee includes language providing funds for the Chief Information Officer and for the development and acquisition of information technology equipment, software, services, and related activities. Analysis and Operations The Committee includes language providing funds for information analysis and operations coordination activities, including funding for official representation expenses. Office of Inspector General The Committee includes language providing funds for the Office of Inspector General as well as certain confidential operational expenses, including the payment of informants. TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS U.S. Customs and Border Protection SALARIES AND EXPENSES The Committee includes language making funds available for border security, immigration, customs, and agricultural inspections and regulatory activities; purchase or lease of vehicles; 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 includes language regarding overtime compensation and requires Border Patrol to maintain an active duty force of 21,370 agents. AUTOMATION MODERNIZATION The Committee includes language making funds available for automated systems. BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY The Committee includes language making funds available for border security fencing, infrastructure, and technology. AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT The Committee includes language making funds available for the operations, maintenance, and procurement of marine vessels, aircraft, unmanned aircraft systems, the Air and Marine Operations Center, and other equipment; travel; and assistance to other law enforcement agencies and humanitarian efforts. The Committee includes language prohibiting the transfer of aircraft and related equipment out of CBP unless certain conditions are met. Language is included allowing CBP to increase operations in Puerto Rico and the U.S. Virgin Islands. CONSTRUCTION AND FACILITIES MANAGEMENT The Committee includes language making funds available for the planning, acquisition, construction, renovating, equipping, and maintaining of buildings and facilities. U.S. Immigration and Customs Enforcement SALARIES AND EXPENSES The Committee includes language making funds available to conduct investigations of criminal violations of federal law relating to border security, customs and trade, immigration and naturalization, and travel and transportation; for the civil enforcement of the immigration and customs laws, including the detention and removal of immigration status violators; special operations; official reception and representation expenses; for compensation to informants; promotion of public awareness of the child pornography tipline; for enforcement of law against forced child labor; for the facilitation of section 287(g); and for the reimbursement of other federal agencies for certain costs. The Committee includes language regarding overtime compensation, a minimum number of detention bed spaces, the Visa Security Program, the operations of the National Intellectual Property Rights Coordination Center, for transportation of unaccompanied alien children, and for Custody Operations. The Committee also includes language that requires the Secretary to identify illegal aliens who have been convicted of a crime or who pose a serious risk to public safety or national security who are eligible for removal. The Committee prohibits the delegation of law enforcement authority for the 287(g) program if terms of the agreement have been materially violated. The Committee prohibits funds to continue any contract for detention services if two recent evaluations are less than adequate and authorizes the Secretary to reprogram and transfer funds within and into this appropriation for the purposes of detaining aliens prioritized for removal. AUTOMATION MODERNIZATION The Committee includes language making funds available for automated systems. Transportation Security Administration AVIATION SECURITY The Committee includes language making funds available for civil aviation security, including the availability of funds for Screener Compensation and Benefits; provides additional funds for multi-modal passenger screening canine teams under Aviation Regulation and Other Enforcement; and establishes conditions under which security fees are collected and credited. The Committee also includes language providing funds for reception and representation expenses. The Committee limits staffing to 45,000 full-time equivalent screeners, not including part-time hires, and requires reports on advanced technology and staffing deployment; and expedited screening. The Committee withholds funds from Screener Compensation and Benefits until the agency submits a post-hoc technical correction to the fiscal year 2015 budget justification. Finally, the bill includes language clarifying a variety of people are not exempt from screening. SURFACE TRANSPORTATION SECURITY The Committee includes language providing funds for surface transportation security programs of the Transportation Security Administration. INTELLIGENCE AND VETTING PROGRAMS The Committee includes language providing funds for intelligence and screening programs. TRANSPORTATION SECURITY SUPPORT The Committee includes language providing funds for TSA's transportation security support programs. The Committee withholds funds from Headquarters and Administration until the agency submits multiple reports. Additionally, the Committee prohibits funds from this Act from being used to purchase certain next-generation systems until the agency submits one of the reports. Coast Guard OPERATING EXPENSES The Committee includes a provision regarding passenger motor vehicles, small boats, repairs and service life- replacements, minor shore construction projects, recreation and welfare, and the Oil Spill Liability Trust Fund. The Committee also includes language on reception and representation expenses and reprogrammings. The Committee withholds funding for the Headquarters Directorate until certain conditions have been met and allows for reprogrammings from certain PPA's. ENVIRONMENTAL COMPLIANCE AND RESTORATION The Committee includes language providing funds for environmental compliance and restoration of the Coast Guard and directs the inclusion of costs associated with backlogged projects be included in the annual budget submission. RESERVE TRAINING The Committee includes language providing funds for the Coast Guard reserve, including maintenance and operation of the reserve program, personnel and training costs, equipment and services. ACQUISITIONS, CONSTRUCTION AND IMPROVEMENTS The Committee includes language providing for funds for the Coast Guard acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, housing, vessels, and aircraft as well as for maintenance, rehabilitation, lease and operations of facilities and equipment. The Committee includes provisions clarifying the availability of funds for production and post-production costs, requiring a capital investment plan for future appropriations years with certain conditions and limiting the time for review of the capital investment plan by the Office of Management and Budget. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION The Committee includes language providing funds for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation, lease and operation of facilities and equipment. The Committee includes language allowing funds to remain available until September 30, 2016; 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. 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 OPERATING EXPENSES The Committee includes language that provides funds for the purchase and replacement of vehicles; the hire of aircraft; purchase of motorcycles; services of expert witnesses as may be necessary; rental of certain buildings; improvements to buildings as may be necessary for protective missions; per diem and subsistence allowances; firearms matches; presentation of awards; protective travel; research and development; grants for behavioral research; official reception and representation expenses; technical assistance and equipment to foreign law enforcement organizations; advance payment for commercial accommodations; and uniforms. The Committee provides for two- year availability of funds for protective travel. The Committee authorizes the obligation of funds in anticipation of reimbursements for training, under certain conditions. The Committee also restricts the obligation of funds to compensate employees for overtime in an annual amount in excess of $35,000 except under certain conditions. The Committee withholds funds from Headquarters and Administration until the agency submits a report addressing professional conduct. The Committee includes language permitting some funds may be transferred between PPAs. Finally the Committee prohibits funds to be available for the protection of the head of a Federal agency other than the Secretary of Homeland Security unless the Secret Service has entered into a reimbursable agreement. ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES The Committee includes language providing funds for the acquisition, construction, improvement, and related expenses of Secret Service facilities. TITLE III--PREPAREDNESS AND RECOVERY National Protection and Programs Directorate MANAGEMENT AND ADMINISTRATION The Committee includes language providing funds for the Office of the Under Secretary for National Protection and Programs Directorate as well as to support business operations and information technology. The Committee also includes language providing funds for official reception and representation expenses. INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY The Committee includes language making funds available for cybersecurity activities and infrastructure protection, of which certain funds are available until September 30, 2016. FEDERAL PROTECTIVE SERVICE The Committee includes language making funds available until expended for the operations of the Federal Protective Service. The Committee requires certification that operations will be fully funded through the revenues and collection of security fees and requires a human capital plan aligning fee collections to personnel requirements. Office of Biometric Identity Management The Committee includes language making funds available for the Office of Biometric Identity Management. Office of Health Affairs The Committee includes language making funds available for health affairs, biosurveillance, BioWatch, medical readiness planning, and chemical defense. The Committee also includes language providing funds for official reception and representation expenses. Federal Emergency Management Agency SALARIES AND EXPENSES The Committee includes language that provides funds for salaries and expenses. The Committee also includes a provision providing funds for reception and representation expenses, Urban Search and Rescue Response System, Mount Weather Emergency Operations Center, and a provision limiting administrative costs for Urban Search and Rescue Teams. STATE AND LOCAL PROGRAMS The Committee includes language that provides funds for grants, contracts, cooperative agreements, other activities, including grants to State and local governments for terrorism prevention. The Committee also includes a provision identifying the amount of funds available for Operation Stonegarden and for National Programs. The Committee includes language specifying the conditions under which both applications and grants are made to certain grants made in the Act. The Committee also includes language specifying the conditions for distribution of certain grants and provides authority for the procurement of land. FIREFIGHTER ASSISTANCE GRANTS The Committee includes language that provides funds for grants. EMERGENCY MANAGEMENT PERFORMANCE GRANTS The Committee includes language that provides funds for grants. RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM The Committee includes a provision regarding charges assessed for the radiological emergency preparedness program, including conditions and methodology for the assessment and collection of fees. UNITED STATES FIRE ADMINISTRATION The Committee includes language that provides funds for expenses of the U.S. Fire Administration. DISASTER RELIEF The Committee includes language making funds available until expended and requires a variety of reporting requirements. FLOOD HAZARD MAPPING AND RISK ANALYSIS The Committee includes language making funds available for flood hazard mapping, including administrative costs. NATIONAL FLOOD INSURANCE FUND The Committee includes language limiting funds available for salaries and expenses and language making funds available for flood hazard mitigation floodplain management available until September 30, 2015. The Committee includes provisions limiting operating expenses; for interest on Treasury borrowings; for agents' commissions and taxes; for fees collected and available for floodplain management; and for flood mitigation activities associated with sections of the National Flood Insurance Act of 1968. The Committee includes language permitting additional fees collected be credited as an offsetting collection and available for floodplain management, The Committee includes language providing that not to exceed four percent of the total appropriation is available for administrative costs. NATIONAL PREDISASTER MITIGATION FUND The Committee includes language authorizing grant awards to be available until expended. EMERGENCY FOOD AND SHELTER The Committee includes language making funds available until expended and limiting total administrative costs to 3.5 percent of the total appropriation. TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES United States Citizenship and Immigration Services The Committee includes language making funds available for the E-Verify program and permitting replacement of vehicles. Federal Law Enforcement Training Center SALARIES AND EXPENSES The Committee includes language making funds available for official representation expenses; purchase of police type pursuit vehicles; student athletic and related recreational activities; conducting and participating in firearms matches; public awareness and community support; room and board; services authorized by 5 U.S.C. 3109; law enforcement accreditation; reimbursements for certain mobile phone expenses. The Committee includes language authorizing the training of certain law enforcement personnel; authorizes the use of appropriations and reimbursements for such training and establishes a cap on total obligations. The Committee also includes language authorizing funds for the compensation of accreditation costs for participating agencies; and on the scheduling of basic or advanced law enforcement training. ACQUISITION, CONSTRUCTION, IMPROVEMENTS AND RELATED EXPENSES The Committee includes language making funds available for real property and facilities and authorizes reimbursement from government agencies requesting construction of special use facilities. Science and Technology MANAGEMENT AND ADMINISTRATION The Committee includes language providing funds for management and administration as well as official reception and representation expenses. RESEARCH, DEVELOPMENT, ACQUISITION AND OPERATIONS The Committee includes language making funds available for research, development, test and evaluation; acquisition; and operations. The Committee also includes a provision providing funds for the National Bio- and Agro-defense Facility. Domestic Nuclear Detection Office MANAGEMENT AND ADMINISTRATION The Committee includes language that provides funds for management and administration, including funds for reception and representation expenses, and requires a strategic investment plan for implementation of DHS responsibilities under the domestic component of the global nuclear detection architecture. RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS The Committee includes language making funds available for nuclear detection research, development, testing, and evaluation. SYSTEMS ACQUISITION The Committee includes language making funds available for the purchase and deployment of radiation detection equipment. TITLE V--GENERAL PROVISIONS Language limiting the availability of any appropriation for obligation beyond the current year unless expressly provided. Language permitting unexpended balances of prior appropriations to be merged with new appropriation accounts and used for the same purpose, subject to reprogramming guidelines. Language providing reprogramming authority for funds within an account and limiting the percent that can be transferred between appropriations accounts with the requirement for a 15- day advance congressional notification. A detailed funding table identifying each congressional control level for reprogramming purposes is included at the end of this report. These reprogramming guidelines shall be complied with by all agencies funded by the Department of Homeland Security Appropriations Act, 2014, for obligation and deobligation of funds. 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 2015 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 contributing component. Any funds paid in advance or reimbursed must reflect the full cost of each service. The WCF shall be subject to the requirements of section 503 of this Act. Language providing that not to exceed 50 percent of unobligated balances remaining at the end of fiscal year 2015 from appropriations made for salaries and expenses remain available through fiscal year 2016 subject to reprogramming guidelines. Language providing that funds for intelligence activities are deemed to be specifically authorized during fiscal year 2015 until the enactment of an Act authorizing intelligence activities for fiscal year 2015. Language requiring notification of the Committees on Appropriations three days before grant allocations, grant awards, contract awards, other transactional agreements, letter of intents, or task or delivery order on a multiple contract award totaling $1,000,000 or more, or a task order greater than $10,000,000 from multi-year funds, is announced by the Department, including contracts covered by the Federal Acquisition Regulation or sole source grant award. The Department is required to brief the Committees on Appropriations five full day business days prior to announcing the intention to make a grant under State and Local Programs. Language prohibiting any agency from purchasing, constructing, or leasing additional facilities for federal law enforcement training without advance approval of the Committees on Appropriations. Language prohibiting funds to be used for any construction, repair, alteration, and acquisition project for which a prospectus, if required under chapter 33 of title 40, United States Code, has not been approved. Language consolidating, by reference, prior year statutory bill language into one provision. These provisions relate to 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. The language eliminates statutory reporting requirements for SSI. Language prohibiting funds being used in contravention of the Buy American Act. Language on reporting requirements for the DHS Privacy Officer. Language maintaining the use of the oath of allegiance required by Section 337 of the Immigration and Nationality Act. Language requiring the Chief Financial Officer to submit monthly budget execution and staffing reports within 45 days after the close of each month. The Committee also directs the submission of obligation and expenditure plans annually and quarterly for specified programs. Language directing that any funds appropriated or transferred to TSA ``Aviation Security'', ``Administration'', and ``Transportation Security Support'' in fiscal years 2004 and 2005, which are recovered or deobligated, shall be available only for procurement and installation of explosive detection systems for air cargo, baggage, and checkpoint screening systems. The Committee also requires quarterly reports on recovered or deobligated funds. Language requiring any funds appropriated to the Coast Guard's 110-123 foot patrol boat conversion that are recovered, collected, or otherwise received as a result of negotiation, mediation, or litigation, be available until expended for the Fast Response Cutter program. Language classifying the functions of the instructor staff at FLETC as inherently governmental for purposes of the Federal Activities Inventory Reform Act. Language requires the Inspector General to review Departmental contracts awarded noncompetitively and report on the results to the Committees. Language prohibiting funding for any position designated as a Principal Federal Official during a Stafford Act declared disaster or emergency. Language precluding DHS from using funds in this Act to carry out reorganization authority. Language prohibiting funding to grant an immigration benefit to any individual unless the results of background checks required in statute be completed prior to the grant of the benefit have been received by DHS. Language relating to the use of transactional authority by DHS through fiscal year 2015. Language requiring the Secretary to link all contracts that provide award fees to successful acquisition outcomes. Language is included requiring notification of any request for waivers of navigation and vessel-inspection laws pursuant to 46 U.S.C. 501(b). Language regarding prescription drugs. 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 within DHS. No funds may be obligated until the Subcommittees approve the proposed transfers. Language prohibiting funds for the planning, testing, piloting or developing a national identification card. Language requiring FEMA to publish on its website a report summarizing damage assessment information used to determine disaster declarations. Language directing that any official required by this Act to report or certify to the Committees on Appropriations may not delegate any authority unless expressly authorized to do so in this Act. Language extending the date of the chemical security program. Language prohibiting the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Language prohibiting funds in this Act to be used for first-class travel. Language prohibiting funds to be used to employ illegal workers as described in Section 274A(h)(3) of the Immigration and Nationality Act. Language on the proper disposal of personal information collected through the Registered Traveler program. A report on procedures and status is required to be submitted 30 days after the date of enactment of this 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 requiring any new processes developed to screen aviation passengers and crews for transportation or national security to consider privacy and civil liberties, consistent with applicable laws, regulations, and guidance. Language making immigration examination fee collections explicitly available for immigrant integration grants, not to exceed $10,000,000, in fiscal year 2015. Language prohibiting funds appropriated or otherwise made available by this Act from being used to enter into federal contracts unless in accordance with the Federal Property and Administrative Services Act or the Federal Acquisition Regulation, unless otherwise authorized by statute. Language providing $30,000,000 for Financial Systems Modernization efforts across the Department. Language permitting the Secretary to transfer up to $20,000,000 to address immigration emergencies notwithstanding section 503 of this Act Language regarding disposal of Service Processing Centers or other ICE owned detention facilities. Language requiring a multi-year investment and management plan. Language requiring the Secretary to enforce all existing immigration laws. Language appropriating funds for federal network security. Language prohibiting funds made available in this Act from being used to establish or maintain computer networks unless such networks block pornography. Language regarding the transfer of firearms by federal law enforcement personnel. Language prohibiting funds for the implementation of the National Preparedness Grant Program or any successor grant program. Language prohibiting funds for the position of Public Advocate or successor position within ICE. Language regarding public private partnership initiatives. Language regarding funding restrictions and reporting requirements regarding conferences occurring outside of the United States. Language prohibiting funds made available by this Act from being used to enter into a contract or agreement with, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation within the last 24 months. Language prohibiting funds made from being used to enter into a contract or agreement with any corporation that has any unpaid federal tax liabilities. Language prohibiting the reimbursement of funds to any federal department or agency for its participation in a NSSE. Language prohibiting pre-clearance locations unless CBP meets certain conditions and conducts the necessary analysis and reporting. Language prohibiting funds from being used to require airport operators to provide airport-financed staffing to monitor exit points at which TSA provided such monitoring as of December 1, 2013. Language prohibiting funds from this Act from being used to require a chemical facility to employ or not employ a particular security measure for personnel surety if the facility has adopted the appropriate personnel measures. Language requiring DHS to grant waivers to section 34 of the Federal Fire Prevention and Control Act of 1974 when making grants for Firefighter Assistance Grants. Language prohibiting DHS from imposing border crossing fees at land ports of entry along the Southern or Northern borders, or to conduct any fee study. Language regarding the availability of COBRA fee revenue. Language requiring the Secretary to report on the Department's requirements, inventories, and usage of ammunition. Language requiring the Secretary to report on the Department's requirements for and usage of weapons. Language prohibiting funds from being used for environmental remediation of a specified location. Language directing the inclusion of budget justification for any structural pay reform that affects more than 100 FTE employee positions or costs more than $5,000,000. Language directing the inclusion of budget justification for acquisition and directing the development of the definition for expense items and investment items. Language making a Transportation Security Officer who died in the line of duty, a public safety officer, for the purpose of affording the standard public safety officer benefits available under the Omnibus Crime Control and Safe Streets Act of 1968 to the Officer's widow and children. Language prohibiting ICE from paying for abortions except in certain circumstances. Language prohibiting ICE from requiring any person to perform an abortion. Language authorizing ICE to escort female detainees outside the detention facilities. Language requiring that OMB and DHS include estimates of the number of unaccompanied alien children anticipated to be apprehended in the budget year; the number of agent or officer hours required to care for such children; all other associated costs for each Departmental component; and, all costs associated with transporting such children from one Departmental component to another component or Federal agency. Language rescinding unobligated balances from specified programs. Language permanently rescinding specified funds from the Treasury Forfeiture Fund. Language rescinding unobligated balances from legacy programs. Language rescinding unobligated balances from FEMA DRF. Language prohibiting new budget authority from exceeding the budget allocation in fiscal year 2015. APPROPRIATIONS NOT AUTHORIZED BY LAW Pursuant to clause 3(f)(1) of rule XIII of the Rules of the House of Representatives, the following table lists the appropriations in the accompanying bill that are not authorized by law: [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] 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 ---------------------------------------------------------------------------------------------------------------- Comparison of amounts in the bill with Committee allocations to its subcommittees: Subcommittee on Homeland Security: General Purpose Discretionary........................... 45,658 44,712 45,658 \1\44,712 Mandatory............................................... 1,576 1,580 1,576 1,580 ---------------------------------------------------------------------------------------------------------------- \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: ------------------------------------------------------------------------ Outlays ------------------------------------------------------------------------ Projections of outlays associated with the recommendation: 2015................................................... \1\26,737 2016................................................... 9,666 2017................................................... 5,917 2018................................................... 2,820 2019 and future years.................................. 2,009 ------------------------------------------------------------------------ \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: ------------------------------------------------------------------------ Budget Authority Outlays ------------------------------------------------------------------------ Financial assistance to State and local 5,847 \1\336 governments for 2015......................... ------------------------------------------------------------------------ \1\Excludes outlays from prior-year budget authority. PROGRAM DUPLICATION The bill extends the expiration date for the Chemical Facilities Anti-Terrorism Standards (CFATS) program for the duration of fiscal year 2015 to assure no lapse in this program pending the reauthorization of the program by the authorization committee. To the Committee's knowledge, this program has not been included in a report from the Government Accountability Office pursuant to section 21 of Public Law 111-319, the Catalog of Federal Domestic Assistance has not identified other programs related to the program, and this program does not duplicate another Federal program. Language making a Transportation Security Officer who died in the line of duty, a public safety officer, for the purpose of affording the standard public safety officer benefits available under the Omnibus Crime Control and Safe Streets Act of 1968 to the Officer's widow and children. Language prohibiting ICE from paying for abortions except in certain circumstances. Language prohibiting ICE from requiring any person to perform an abortion. Language authorizing ICE to escort female detainees outside the detention facilities. Language requiring that OMB and DHS include estimates of the number of unaccompanied alien children anticipated to be apprehended in the budget year; the number of agent or officer hours required to care for such children; all other associated costs for each Departmental component; and, all costs associated with transporting such children from one Departmental component to another component or Federal agency. DIRECTED RULE MAKING The bill does not 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. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] ADDITIONAL VIEWS OF NITA LOWEY AND DAVID PRICE We want to commend the Chairman for leading another open, collaborative, and bipartisan process in constructing the Department of Homeland Security appropriations bill. We will never agree on every issue or funding level, but the Chairman and his staff have consistently worked with the minority in good faith, and have accommodated us at every opportunity. 302(B) ALLOCATION At $887,000,000 above the budget request, this bill is fortunate to have a healthy allocation relative to the Department's operational needs. There is one major exception to that characterization, however, related to a $50,000,000 reduction to the bill's National Defense (Budget Function 050) sub-allocation. The Homeland Security appropriations bill contains only three accounts with funding that is classified as National Defense. For both the U.S. Coast Guard's Operating Expenses account and the Federal Emergency Management Agency's (FEMA) Salaries and Expenses account, the Congressional Budget Office designates a fixed amount as National Defense funding, regardless of the total amount appropriated for each account. The third account, the National Protection and Program's Directorate's Infrastructure Protection and Information Security (IPIS) appropriation, falls entirely in the National Defense category. As a result, any reduction to the subcommittee's Budget Function 050 sub-allocation necessarily and arbitrarily results in a cut to IPIS. In the case of the fiscal year 2015 bill, the major impact is a $48,400,000 cut below the request for Next Generation Networks activities, which will result in a significant delay to transitioning Priority Telecommunications Services to Internet-based technologies. While this may be a reasonable way to absorb such a sizeable cut to the IPIS appropriation, it is not without consequence. FUNDING PRIORITIES The bill addresses several bipartisan and Democratic priorities, including maintaining the current funding levels for first responder and anti-terrorism grants, Pre-Disaster Mitigation grants, flood mapping grants, and for research and development activities in support of DHS operations. It provides funding for the Office for Civil Rights and Civil Liberties at the requested level, including $2,394,000 to continue oversight of the 287(g) and Secure Communities programs. In addition, the bill appropriates the final funding increment to construct the National Bio and Agro-defense Facility, which will enable significant new research capability to help prevent the introduction or spread of the most serious animal diseases. While providing level funding of $120,000,000 for the Emergency Food and Shelter Program (EFSP), the bill omits the proposed authority to transfer EFSP to the Department of Housing and Urban Development (HUD). Instead, the Committee makes clear that any future program transfer proposal must be premised on consultation with program stakeholders, appropriate justification, and a fully developed plan for transition. For University Programs, the Committee recommends $41,000,000, an increase of $1,276,000 above the current level and $10,000,000 above the request. This funding will allow the Science and Technology Directorate to continue supporting the current number of Centers of Excellence (COE), including the new COE funded in fiscal year 2014. Importantly, the bill provides increases above the request for frontline personnel so that they can continue to conduct critical operations along our borders, protect our nation's airports, seaports, and land ports of entry, coastal waters, and commercial airflights, and respond to natural disasters across the country. In addition, the bill increases funding for critical Coast Guard and CBP Air and Marine acquisitions to recapitalize aging assets while also bringing the latest aviation and vessel technologies online to ensure our frontline personnel can operate more effectively--improving on the Administration's request on each of these fronts. DEPARTMENTAL MANAGEMENT On the budgeting and acquisition front, we fully endorse the Chairman's efforts to push the Department to establish more rigorous, consistent, and comprehensive processes to ensure that budgets are based on mission requirements and fill critical capability gaps; that acquisitions are based on careful capability gap assessments and alternatives analyses, and are supported by coordinated research, development, testing and evaluation efforts; and that budgeting is carried out based on a comprehensive, department-wide perspective and acquisitions are based on department-wide priorities. Secretary Johnson is pushing hard to move the Department in this direction, and so the funding and the directives in the bill and report will help to greatly facilitate the Secretary's efforts while also holding the Department accountable for delivering. IMMIGRATION DETENTION AND ENFORCEMENT It is often forgotten that ICE detention is not a form of punishment for anyone; it is simply a means to ensure the removal of individuals who are flight risks or dangers to public safety if they are ultimately determined to be removable. Therefore, it is unfortunate that the bill once again mandates an arbitrary minimum of 34,000 ICE detention beds, especially in the current fiscal climate, because it denies ICE the flexibility it needs to manage enforcement and removal resources in response to changing circumstances and the ability to use cheaper, alternative forms of supervision when appropriate. Except for those subject to mandatory detention, ICE uses a formal risk classification assessment to determine which individuals in removal proceedings should be detained, placed in an Alternative to Detention program, or subjected to some other form of non-detention supervision. We should leave ICE law enforcement personnel with the discretion to make detention determinations that are consistent with legal requirements. We are also concerned that increases to some other ICE immigration enforcement activities above current levels may be excessive when compared to other needs and priorities in the bill. UNACCOMPANIED CHILDREN The bill provides additional resources to help the Department manage the influx of unaccompanied children crossing the southern border, including increases for ICE and CBP that the Committee unanimously adopted as part of a manager's amendment. Most of those additional resources were in response to a letter the Committee received from OMB two days after the Subcommittee reported the bill that identified an additional $166,000,000 above the budget request needed to manage the influx of unaccompanied children expected next year. While we must defend the integrity of our borders, we have always been and always will be a nation that welcomes immigrants, embraces refugees fleeing violence and persecution, and gives humanitarian considerations a high priority. This influx of unaccompanied children highlights a tension between these values and priorities, and the laws and policies that undergird them. IMMIGRATION REFORM Members on both sides of the aisle know that our immigration system is broken and in dire need of reform, even if there are differences about what that reform should entail. In any case, the Appropriations Committee cannot resolve the immigration reform issue; sooner or later, the House itself must address this problem in a comprehensive way. The longer we wait, however, the more difficult and expensive the problems will become, and the more difficult it will be for the Department and this Committee to manage them. For now, we must address the resource requirements for the Department of Homeland Security for fiscal year 2015, including the requirements for managing and caring for unaccompanied children and other migrants who cross the border without immigration status. This bill addresses those requirements according to the best estimates available. DHS HEADQUARTERS CONSOLIDATION Unfortunately, this bill provides no funding for the new DHS headquarters already under construction on the St. Elizabeth's campus, despite $73,000,000 proposed for the project in the request. We have been told repeatedly by the Administration that deferring these investments will further increase the project's costs. In addition, further delays in constructing new headquarters facilities will require the Department to continue to extend costly leases in more than 50 locations scattered across the Washington, DC metropolitan area. On both fiscal grounds and to improve the cohesiveness of DHS operations, we must continue to make progress on the headquarters project. AVAILABILITY OF REPRODUCTIVE HEALTH SERVICES FOR WOMEN Over strong Democratic objections, the Full Committee once again adopted an unnecessary amendment related to the availability of reproductive health services for women detained by ICE. The restrictions on the use of federal funds for abortion procedures are already applicable to ICE and the Department of Homeland Security by President Obama's Executive Order 13535, issued on March 24, 2010, and are specifically formalized in Part 4.4 of ICE's Detention Standards. While many of us believe that those restrictions are excessive, they are a settled matter, and so we again fail to see the point of interjecting this issue on a Homeland Security funding bill. The effect of this amendment is to pick an unnecessary political fight--as if we did not already have enough controversies to divide the Committee. Before a similar amendment was offered two years ago, this bill had never touched on the topic of abortion because it is not relevant to the Department of Homeland Security and falls far outside the lines of jurisdiction of the Subcommittee. We will continue to work to remove the amendment's unnecessary provisions from the bill. CONCLUSION In closing, we want to underscore our appreciation for the efforts of the Chairman and his staff to work with the minority throughout the development of this bill to sustain our frontline homeland security operations. Members of the Committee often talk about the need to return to regular order, a term which conventionally refers to movement of an appropriations bill through each stage of the process, resulting in enactment. However, that term can also be interpreted as approaching the work of appropriations in a bipartisan manner with the best interests of the country as the first priority. We are pleased to have participated in such an approach for the fiscal year 2015 funding bill for the Department of Homeland Security. Nita M. Lowey. David E. Price. [all]