[House Report 114-668]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-668
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2017
_______
July 6, 2016.--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. 5634]
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, 2017.
INDEX TO BILL AND REPORT
Page number
Bill Report
TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE,
AND OVERSIGHT
Departmental Management and Operations............. 2
7
Operations and Support..................... 2
7
Procurement, Construction, and Improvements 2
17
Research and Development................... 3
18
Analysis and Operations............................ 3
18
Office of Inspector General........................ 3
19
Administrative Provisions.......................... 4
20
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection................. 6
20
Operations and Support..................... 6
20
Procurement, Construction, and Improvements 7
30
United States Immigration and Customs Enforcement.. 8
31
Operations and Support..................... 8
31
Procurement, Construction, and Improvements 9
40
Transportation Security Administration............. 9
40
Operations and Support..................... 9
41
Procurement, Construction, and Improvements 10
45
Research and Development................... 11
47
Coast Guard........................................ 11
47
Operating Expenses......................... 11
48
Environmental Compliance and Restoration... 12
50
Reserve Training........................... 12
50
Acquisition, Construction, and Improvements 12
50
Research, Development, Test, and Evaluation 13
53
Medicare Eligible Retiree Health Care Fund
Contribution...........................
53
Retired Pay................................ 13
53
United States Secret Service....................... 14
53
Operations and Support..................... 14
54
Procurement, Construction, and Improvements 15
56
Research and Development................... 15
56
Federal Assistance.........................
57
Administrative Provisions.......................... 16
57
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate....... 23
59
Operations and Support..................... 23
59
Procurement, Construction, and Improvements 24
63
Research and Development................... 24
64
Federal Protective Service................. 24
65
Federal Emergency Management Agency........ 25
66
Operations and Support..................... 25
66
Procurement, Construction, and Improvements 25
69
Federal Assistance......................... 25
70
Administrative Provisions.......................... 31
77
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services. 36
78
Operations and Support..................... 36
78
Procurement, Construction, and Improvements 37
80
Federal Assistance.........................
81
Federal Law Enforcement Training Center............ 37
81
Operations and Support..................... 37
81
Science and Technology............................. 38
82
Operations and Support..................... 38
82
Procurement, Construction, and Improvements 38
83
Research and Development................... 38
84
Chemical, Biological, Radiological, Nuclear, and
Explosives Office.............................. 39
86
Operations and Support..................... 39
86
Procurement, Construction, and Improvements 39
88
Research and Development................... 39
89
Federal Assistance......................... 40
89
Administrative Provisions.......................... 40
89
TITLE V--GENERAL PROVISIONS
This Act...........................................
90
Compliance with House Rules........................
95
Tables.............................................
150
Overview and Summary of the Bill
The accompanying bill contains recommendations for new
budget (obligational) authority for fiscal year 2017 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 2016:
[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,
2016 Fiscal Year Fiscal Year Fiscal Year
2017 2016 2017
----------------------------------------------------------------------------------------------------------------
Title I: Departmental 1,102,874 1,434,374 1,267,194 +164,320 -167,180
Management, Operations,
Intelligence, and Oversight....
Title II: Security, Enforcement, 34,596,597 33,694,229 34,282,684 -313,913 +588,455
and Investigations.............
Title III: Protection, 13,090,421 12,418,357 13,170,613 +80,192 +752,256
Preparedness, Response, and
Recovery.......................
Title IV: Research, Development, 1,498,767 1,631,845 1,632,984 +134,217 +1,139
Training, and Services.........
Title V: General Provisions..... -865,801 -189,265 -936,950 -71,149 -747,685
-------------------------------------------------------------------------------
Grand Total................. 49,422,858 48,989,540 49,416,525 -1,333 +431,985
-------------------------------------------------------------------------------
Total, Net Discretionary.... 40,955,000 40,623,015 41,050,000 +100,000 +431,985
----------------------------------------------------------------------------------------------------------------
The Committee recommends total appropriations of
$49,416,525,000 for DHS for fiscal year 2017, $426,985,000 more
than the budget request. Of this amount, $47,759,000,000 is for
discretionary programs, including $6,709,000,000 for the
Federal Emergency Management Agency (FEMA) Disaster Relief Fund
(DRF), which is designated by Congress as disaster relief
pursuant to Public Law 112-25. Excluding the DRF,
$41,050,000,000 is recommended, of which $39,245,000,000 is for
non-defense programs and $1,805,000,000 is for defense
programs.
The bill adopts a new appropriations structure, as proposed
in the budget request. For purposes of consistency, fiscal year
2016 enacted levels are displayed as if they had been
appropriated in the new structure.
Overview
As a consequence of dedicated leadership and hard work,
significant progress has been made to strengthen and
institutionalize DHS management processes at both the
headquarters and component levels. The Committee applauds these
initiatives--especially the establishment of an appropriations
framework that supports and standardizes budgeting and
programming across DHS; the development of a Joint Requirements
Council (JRC); and the chartering of a joint operations
capability--and is encouraged that the Department recognizes
that these endeavors are works-in-progress that require
continued attention to reach maturity.
In particular, the Committee supports the Department's
efforts to strengthen financial management by further refining
its financial management policy manual and improving planning,
programming, and budgeting. As part of that effort, DHS should
continue to define key budget concepts, standardize the
application of those concepts, and enforce their use across the
enterprise. Of particular importance, DHS must further clarify
the definition of each appropriation type and standardize its
period of availability; provide clear guidance to components on
the definitions of ``positions'' and ``full-time equivalents''
and how each should be used for budget planning and
justification exhibits; and ensure the consistent application
of appropriate definitions of ``adjustments to base,''
``program changes,'' and ``acquisition program.''
The budget justification materials require significant
improvement. While the fiscal year 2017 materials were clearer
and better organized than in the past for some components, they
are inconsistent across the Department, provide incomplete
descriptions of the cost drivers for each account, often
include inaccurate payroll costing and hiring assumptions, and
lack adequate acquisition program details. In addition, the
justification materials include unnecessary general background
information that should be removed to streamline the material
and ensure components are focused on providing the necessary
detail justifying the requested budget.
Eighty-five percent of DHS's discretionary budget consists
of personnel costs, yet the Department cannot link its mission
requirements to the number of people required to carry them out
effectively and efficiently. After two years of underexecuting
personnel funding, it is now more critical than ever for DHS to
identify the operational missions DHS personnel are expected to
perform, the outcomes they must achieve, the attributes and
capabilities the forces must possess, and the type and size of
force needed to successfully execute objectives. Otherwise, the
Committee will be forced to consider permanent cuts to
personnel.
Critical to better budgeting and more informed investment
decisions is the establishment and institutionalization of a
robust requirements process. The Department should: perform an
assessment of what processes and resources each component has
in place for developing and prioritizing requirements; research
best practices; identify gaps and redundancies; and develop and
execute a strategy to ensure that operational and resource
decisions are fundamentally driven and supported by validated
requirements.
The recent experience of the Transportation Security
Administration (TSA) serves as a leading example of an
organizational failure to establish and implement a rigorous
requirements process. The security gaps in TSA's passenger
screening processes identified by DHS Office of Inspector
General (OIG) covert testing in 2015, along with the more
recent spike in passenger volume resulting in unacceptably long
wait times in screening lines at some of the nation's airports,
are due to the lack of a comprehensive understanding of the
agency's operational requirements. Similarly, TSA's ever-
evolving technology acquisition plan is further evidence of an
inadequate requirements process.
The Department has made some progress in assessing cross-
component requirements. Established in 2014, the JRC is charged
with evaluating cross-component program requirements,
identifying redundancies and capability gaps across DHS, and
determining when an enterprise solution is more appropriate and
cost effective. Since its inception, the JRC has analyzed and
validated capability plans, mission needs statements, and
operational requirements documents. It has provided guidance
and direction to 11 Acquisition Review Boards that will inform
acquisition decisions and underpin future budget requests. The
next step is for the components to adopt this joint
requirements process and improve their ability to provide
improved life cycle cost estimates and to better justify
component-specific investment items.
Institutionalizing a requirements process requires federal
personnel with skills in cost analysis, modeling, and
statistics, which are in small supply at DHS. Consequently, DHS
leadership should emphasize the importance of these skills and
ensure that they are present throughout the budget and
acquisition management disciplines across DHS. The Department
should consider conducting a DHS-wide skill and capability
analysis to determine whether it has adequate resources
dedicated to these functions, with an initial focus on payroll
and acquisition programs. The Department must also recognize
that the private sector is a critical partner in filling
capability gaps, and that a successful partnership depends on
DHS being transparent, reliable, and consistent.
In addition to looking more holistically at its
requirements gathering processes, the Department must continue
to strive for more unity in its operations. The Southern Border
and Approaches Campaign Plan is the first significant, national
multi-component effort undertaken by DHS. Aimed at leveraging
the full range of unique departmental roles, authorities,
responsibilities, and capabilities, the Campaign's goal is to
enhance the integration of component operations, intelligence,
and resources to secure the southern land and maritime borders
of the United States.
The Department must persist in sustaining and enhancing
this long-overdue effort, despite any cultural resistance, and
firmly establish this joint approach within each component's
lexicon, operations, and strategic plans. DHS's components will
have to overcome longstanding parochial instincts in order to
better integrate into joint command-and-control structures and
to plan, program, and budget for joint requirements such as
training and communications But it is the Committee's belief
that a cultural shift is necessary because leveraging the power
of joint capabilities is vital to protecting the homeland.
Unfortunately, these worthwhile process reforms are
undermined when budget requests are not permitted to truly
reflect requirements, as was the case with the fiscal year 2017
budget request. The Administration's proposal willfully
underfunded vital national security programs across the
Department in the face of ever increasing threats. For example,
the TSA budget assumed funding for security screening processes
by relying on over $880,000,000 in new, unauthorized fees that
are not within the jurisdiction of this Committee and are
unlikely to be enacted into law. Given the escalating global
threat to aviation security, historic growth in air travel
causing significant airport wait times, and known understaffing
of TSA screeners, such budgetary gimmicks are reckless and put
national security at risk.
Similarly, the Administration slashed FEMA's State Homeland
Security Grant Program by 57 percent and Urban Area Security
Initiative grants by 45 percent--stripping crucial resources
from state and local law enforcement initiatives aimed at
combating terrorism at a time when terrorists have killed
hundreds in attacks in the United States and abroad.
Finally, United States Immigration and Customs Enforcement
(ICE) detention beds were reduced by almost ten percent based
on the Administration's use of an artificially low data point,
despite knowing the average daily detention rate for the year
would likely far exceed the estimate selected. The
Administration's submission of such a disturbingly flawed
budget request defies credulity, and is an abdication of
responsibility to provide for the nation.
While the Committee notes that a new Administration will
bring a different perspective with new initiatives in 2017, the
Committee hopes it will support the reforms and efforts cited
above and foster their continued improvement. With regard to
future budget requests, the Committee expects the next
Administration to request funding levels that reflect the true
cost of adequately funding critical national security
requirements.
Common Appropriations
Pursuant to Public Law 114-113, the fiscal year 2017 budget
was presented in a new structure that included four common
appropriations accounts for every DHS component. Establishing
and implementing this structure required significant time and
effort by the entire financial management staff of DHS and its
components, for which they are to be commended. As the use of
this new structure matures and becomes more disciplined, the
Committee believes the agency's leadership, as well as
congressional stakeholders, will be better positioned to: 1)
conduct more effective oversight of DHS components; 2) better
track the life cycle costs of DHS acquisition programs; and, 3)
recommend more informed trade-offs among programs when faced
with limited resources.
Summary of the Bill
Title I contains funds for departmental management
activities. Title II ensures the Department's frontline
operational components have adequate resources to effectively
carry out their security, enforcement, and investigative
missions. Title III includes funds necessary to prepare for,
respond to, and recover from any natural disaster or chemical,
biological, or cyber-attack on the population or the nation's
critical infrastructure. Title IV supports law enforcement
training; citizenship, immigration, and employment eligibility
verification services; chemical, biological, nuclear and
radiological detection; and research and development functions.
Title V includes basic general provisions for oversight,
reprogramming guidance, reports, and funding limitations.
References
The Committee report refers to the following law as
follows: the Implementing Recommendations of the 9/11
Commission Act of 2007, Public Law 110-53, is referenced as the
``9/11 Act''. References to ``the Committees'' means 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''.
TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND
OVERSIGHT
Departmental Management and Operations
Appropriation, fiscal year 2016....................... $700,672,000
Budget request, fiscal year 2017...................... 1,011,511,000
Recommended in the bill............................... 844,331,000
Bill compared with:
Appropriation, fiscal year 2016..................... +143,659,000
Budget request, fiscal year 2017.................... -167,180,000
Mission
The mission of Departmental Management and Operations is to
provide efficient leadership and services to DHS, and policy
guidance and directives to DHS components. The offices support
Departmental efforts to achieve strategic goals and to deliver
quality administrative support services for human resources; to
manage facilities, property, equipment, and other material
resources; to ensure safety, health, and environmental
protection; and to identify and track performance measurements
relating to the Department's responsibilities.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2016....................... $680,217,000
Budget request, fiscal year 2017...................... 864,222,000
Recommended in the bill............................... 822,992,000
Bill compared with:
Appropriation, fiscal year 2016..................... +142,775,000
Budget request, fiscal year 2017.................... -41,230,000
Recommendation
The Committee recommends $822,992,000 for Operations and
Support, $41,230,000 below the amount requested and
$142,775,000 above the amount provided in fiscal year 2016. Of
the total amount recommended, $136,436,000 is for the Office of
the Secretary and Executive Management and $686,556,000 is for
the Office of the Under Secretary for Management. Not more than
$32,000 may be spent for official reception and representation
expenses.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Operations and Support:
Management and Administration:
Office of the Secretary
and Executive Management:
Immediate Office of $12,428,000 $8,899,000
the Secretary........
Immediate Office of 1,734,000 1,734,000
the Deputy Secretary.
Office of the Chief of 2,644,000 2,644,000
Staff................
Executive Secretary... 5,481,000 5,481,000
Office of Policy...... 37,049,000 35,881,000
Office of Public 5,384,000 5,384,000
Affairs..............
Office of Legislative 5,287,000 5,287,000
Affairs..............
Office of Partnership 11,692,000 15,206,000
and Engagement.......
Office of General 19,298,000 19,298,000
Counsel..............
Office for Civil 21,403,000 22,571,000
Rights and Civil
Liberties............
Citizenship and 6,200,000 6,200,000
Immigration Services
Ombudsman............
Office of Privacy..... 7,851,000 7,851,000
-------------------------------------
Subtotal, Office of the 136,451,000 136,436,000
Secretary and Executive
Management...............
Office of the Under
Secretary for Management:
Immediate Office of 3,758,000 3,758,000
the Under Secretary
for Management.......
Office of the Chief 128,177,000 128,177,000
Readiness Support
Officer..............
Office of the Chief 36,446,000 39,426,000
Human Capital Officer
Office of the Chief 101,450,000 99,200,000
Procurement Officer..
Office of the Chief 61,723,000 60,993,000
Security Officer.....
Office of the Chief 100,041,000 58,826,000
Financial Officer....
Office of the Chief 258,778,000 258,778,000
Information Officer..
-------------------------------------
Subtotal, Office of the 690,373,000 649,158,000
Under Secretary for
Management...............
-------------------------------------
Subtotal, Management and 826,824,000 785,594,000
Administration...............
Integrated Operations
Office of the Under
Secretary for Management:
Office of the Chief 37,398,000 37,398,000
Information Officer..
-------------------------------------
Subtotal, Office of the 37,398,000 37,398,000
Under Secretary for
Management...............
-------------------------------------
Subtotal, Integrated 37,398,000 37,398,000
Operations...................
-------------------------------------
Total, Operations and Support..... $864,222,000 $822,992,000
(Office of the Secretary and ($136,451,000) ($136,436,000)
Executive Management)............
(Office of the Under Secretary for ($727,771,000) ($686,556,000)
Management)......................
------------------------------------------------------------------------
Management and Administration
The Committee recommends $785,594,000 for Management and
Administration, $41,230,000 below the amount requested and
$142,894,000 above the amount provided in fiscal year 2016. The
decrease to the request is primarily due to moving $41,230,000
for financial systems modernization to the general provisions
in title V of the bill.
Office of the Secretary and Executive Management
Immediate Office of the Secretary. The Committee recommends
$8,899,000 for the Immediate Office of the Secretary,
$3,529,000 below the amount requested and $23,000 below the
amount provided in fiscal year 2016. The reduction to the
request is attributable to the continued funding of countering
violent extremism activities in the Office of Partnership and
Engagement instead of in the Immediate Office of the Secretary,
which the Department requested. Official reception and
representation funds are decreased from the proposed $45,000 to
$30,000 because of DHS's continued failure to fill the position
of Assistant Secretary for Policy despite repeated
congressional directives, and because the budget request
assumed the enactment of new TSA fees totaling $880,000,000
that will almost certainly be unavailable as offsetting
collections. DHS should be prepared for significant decrements
to headquarters accounts and priorities should future budget
requests include similar gimmicks.
As requested, the recommendation includes $5,075,000 for
the Joint Requirements Council (JRC). DHS is directed to
provide quarterly briefings to the Committee on the Council's
activities.
Quarterly travel reports shall be provided to the Committee
not later than 30 days after the end of each fiscal quarter.
The report shall detail all direct and indirect costs of
official and nonofficial travel by the Secretary and Deputy
Secretary within each appropriation.
The Committee remains concerned about the various
component-level processes for the public to submit complaints,
compliments, and other feedback about DHS services and
operations. As directed by House Report 113-481, DHS provided
the Committee with a plan to implement a Universal Complaint
System that could serve as a Department-wide portal for the
submission of complaints or other feedback. While the proposed
centralized intake approach has merit, it would require
significant additional resources to support a multi-lingual
intake capability without obviating the need for similar
component-level capabilities.
The Committee has also become aware of efforts at the
component level to improve customer service, including a
promising U.S. Customs and Border Protection (CBP) pilot
program to standardize how public complaints are registered and
how feedback is provided to the public; track cases through
resolution; and develop analytics and reporting mechanisms to
improve training and address systemic issues.
To leverage efforts already underway at CBP and other
components, the Committee directs the Secretary to convene a
Public Complaint and Feedback System working group comprised of
representatives of DHS components with public-facing operations
to support the sharing of best practices and, as appropriate,
the standardization of feedback mechanisms, processes, customer
service metrics, and reporting across the Department. In
conjunction with this working group, the Secretary is directed
to:
1. Develop a DHS-wide ``as-is'' assessment of the various
public complaint and feedback intake and resolution
processes and systems currently in place, to include an
evaluation of the public's awareness of how to successfully
provide feedback to DHS, along with component-level
policies, practices, and capabilities for providing timely
responses, reporting results, and incorporating feedback
into policy development and training;
2. Research best practices for public feedback intake,
processing, resolution, and reporting, as well as for
improving public awareness of the process;
3. Identify gaps and redundancies within each component's
processes and systems;
4. Develop and disseminate guidance that communicates
requirements for component-level public complaint and
feedback intake and resolution systems, processes, and
reporting capabilities;
5. Establish processes for centrally compiling and
reporting component-level public complaint and feedback
data at the Department level; and
6. Determine whether aspects of the overall DHS public
complaint and feedback process should be supported with
headquarters resources.
Not later than 90 days after the date of enactment of this Act
and semiannually thereafter, the Department shall update the
Committee on its findings and progress.
The Department should continue to provide assistance, as
appropriate, to state police crime labs to ensure that federal
requirements do not burden state resources. DHS shall report
annually on its use of and partnerships with state crime labs,
including funding associated with such use and partnerships,
and should fully reimburse state crime labs it uses. The
Committee notes that the Department's partnerships with crime
labs are particularly important in border states.
Senate Report 114-68 required DHS to work with the Office
of Management and Budget to report to the Committees within 60
days after the date of enactment of Public Law 114-53 on the
steps DHS has taken or will take to reduce printing volume and
costs, and on the estimated or actual savings that have
resulted. The Committee looks forward to receipt of this
overdue report as soon as possible.
Immediate Office of the Deputy Secretary. As requested, the
Committee recommends $1,734,000 for the Immediate Office of the
Deputy Secretary, which is $14,000 below the amount provided in
fiscal year 2016.
Office of the Chief of Staff. As requested, the Committee
recommends $2,644,000 for the Office of the Chief of Staff,
which is $52,000 below the amount provided in fiscal year 2016.
Executive Secretary. As requested, the Committee recommends
$5,481,000 for the Executive Secretary, which is $120,000 below
the amount provided in fiscal year 2016.
Office of Policy. The Committee recommends $35,881,000 for
the Office of Policy, $1,168,000 below the amount requested and
$3,196,000 below the amount provided in fiscal year 2016. The
$1,168,000 reduction is because of DHS's continued failure to
fill the position of Assistant Secretary for Policy.
Progress is being made--albeit slowly--towards developing a
valid methodology that measures the security of the border. The
Committee urges DHS to continue its efforts and to provide
periodic updates as appropriate.
On January 19, 2016, DHS released the Entry/Exit Overstay
Report for fiscal year 2015, the first such report delivered to
Congress since 1994. The report provides data on departures and
overstays, by country, for foreign visitors who were admitted
into the United States for specific, temporary purposes but
overstayed their lawful admission period. While the Department
should be commended for its increased transparency, the issued
report provides an incomplete picture, in large part because it
focuses solely on B1/B2 business and tourist nonimmigrant
visitors and Visa Waiver Program visitors who entered the
United States through an air or sea port. The Committee directs
subsequent reporting to include other visa categories, such as
students, as well as data from entrants at all ports of entry,
including the land environment. In addition, the Committee
believes subsequent reports should include an estimate of the
average duration of overstay to provide greater context as to
the extent of the problem. The Department is directed to submit
a report to the Committee for all fiscal year 2016 visa
overstays, not later than 30 days after the end of fiscal year
2016.
In developing future budget requests for its international
activities, the Office of Policy is directed to use the
findings of the International Engagement Strategy footprint
review, as well as objectives included in its Plan of Action
and Milestones. By not later than February 15, 2017, the office
shall provide a comprehensive review to the Committee of the
number and locations of all DHS personnel deployed overseas;
the amount of resources supporting the deployment; identifiable
capability gaps including training; and how these assignments
support DHS strategic objectives.
The Committee continues to believe that a more formal
engagement between the Department and appropriate Mexican
authorities could help facilitate the development of 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 a cross-border working group, and to
report back to the Committee within 180 days of the date of
enactment of this Act on progress made in this regard.
On May 2, 2016, the Secretary renewed a two-year waiver on
the requirement in Public Law 109-347 for 100 percent scanning
of maritime cargo prior to arriving from foreign seaports.
While DHS has made efforts to comply with this requirement, the
continuation of the waivers demonstrates 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. The Committee is aware that, in
coordination with the waiver extension, the Department released
a Request for Information (RFI) soliciting proposals to improve
maritime cargo security and make progress towards achieving the
100 percent overseas scanning requirement for radiological and
nuclear threats. The Department, along with CBP, the Chemical,
Biological, Radiological, Nuclear, and Explosives (CBRNE)
Office, and the Science & Technology Directorate (S&T), shall
brief the Committee within 90 days after the date of enactment
of this Act, on the results of the RFI, including any promising
proposals, best practices, and pilots that could be
realistically implemented within the next two years.
Office of Public Affairs. As requested, the Committee
recommends $5,384,000 for the Office of Public Affairs, $88,000
below the amount provided in fiscal year 2016.
Office of Legislative Affairs. As requested, the Committee
recommends $5,287,000 for the Office of Legislative Affairs,
$76,000 below the amount provided in fiscal year 2016.
Office of Partnership and Engagement. The Committee
recommends $15,206,000 for the Office of Partnership and
Engagement, $3,514,000 above the request and $2,132,000 above
the amount provided in fiscal year 2016. As requested, the
recommendation includes $1,000,000 to address issues of
cybersecurity by developing of a public service awareness
campaign similar to the ``If You See Something, Say Something''
campaign. In addition, and as noted above, the total includes
$3,514,000 for the operations of the Office of Countering
Violent Extremism (CVE).
The Committee is pleased the Administration has taken steps
to define a governance structure for DHS efforts to counter
violent extremism. Greater clarity and planning is needed,
however, about how grants will be provided to community
organizations that work to help prevent radicalization.
Likewise, DHS must articulate how it will measure the
effectiveness of programs funded as part of this effort.
Therefore, the recommendation does not include the additional
funds requested for a grant program to counter violent
extremism. Further discussion on this subject is included in
the FEMA section of this report.
The Office is directed to provide a detailed report on
department-wide CVE programs and initiatives, including
personnel and funding levels, not later than 60 days after the
date of enactment of this Act.
The recommendation includes $819,000 for permanent staffing
and external engagement in support of DHS's Blue Campaign
program, a Department-wide effort to combat human trafficking.
In prior years, the Blue Campaign's costs have been entirely
supported by more than $3,000,000 in unbudgeted, end-of-year
assessments on DHS components, a practice which creates
uncertainty for the program and an unexpected bill for the
components. While the proposed amount for fiscal year 2017
provides the first dedicated funding for the program, the
Committee understands that the full cost of current services
requires continued reliance on component assessments. In
justification materials that accompany future budget requests,
DHS is directed to account for and fully fund a comprehensive
budget for the Blue Campaign program.
Office of General Counsel. As requested, the Committee
recommends $19,298,000 for the Office of General Counsel,
$174,000 below the amount provided in fiscal year 2016. The
recommendation includes an increase of $100,000, as requested,
for a financial disclosure system.
Office for Civil Rights and Civil Liberties. The Committee
recommends $22,571,000 for the Office for Civil Rights and
Civil Liberties (OCRCL), $1,168,000 above the amount requested
and $771,000 more than the amount provided in fiscal year 2016.
The increase above the request is intended to support
enhancements within the Compliance Branch in recognition that
the number of opened complaints addressed by OCRCL has
increased by 180 percent since fiscal year 2012, while the
funding level requested for fiscal year 2017 is $1,097,000
below the fiscal year 2012 funding level. The Compliance Branch
works collaboratively with DHS components to improve policies,
practices, standards, and training related to civil rights and
civil liberties while also supporting homeland security
missions. OCRCL shall ensure that all individuals whose
complaints are investigated by OCRCL receive information within
30 days of the completion of an investigation regarding the
outcome of their complaints, as appropriate, including findings
of fact, findings of law, and available remedies.
Citizenship and Immigration Services Ombudsman. As
requested, the Committee recommends $6,200,000 for the
Citizenship and Immigration Services Ombudsman, $72,000 below
the amount provided in fiscal year 2016.
Office of Privacy. As requested, the Committee recommends
$7,851,000 for the Office of Privacy, $118,000 below the amount
provided in fiscal year 2016.
As the entity primarily responsible for the Department's
Freedom of Information Act (FOIA) compliance, the Office of
Privacy is expected to respond to FOIA requests sufficiently
and in a timely manner. FOIA offices should also pursue the
timely and proactive public disclosure of documents that are
most commonly requested, including detention contracts and
inspection reports.
Office of the Under Secretary for Management
Immediate Office of the Under Secretary for Management. The
Committee recommends $3,758,000 for the Immediate Office of the
Under Secretary for Management (USM), the same as the amount
requested and $365,000 above the amount provided in fiscal year
2016. As directed in a title I administrative provision, USM
shall continue to provide updates on the hiring corrective plan
and the development of hiring metrics, as detailed in the
explanatory statement accompanying Public Law 114-113.
The Committee directs the Department's Chief Acquisition
Officer to provide a briefing of summary ratings for all Level
1 and 2 programs on a quarterly basis.
The Committee understands that CBP and the Coast Guard are
evaluating the use of tactical aerostats as a gap-filler
solution in the event of the retirement of the existing
tethered aerostat radar systems. Not later than 30 days after
the date of enactment of this Act, the Department shall brief
the Committee on the evaluation, to include estimates for cost
and schedule and how the Air and Marine Operations Center will
be utilized as a part of any demonstration of the capability.
Office of the Chief Readiness Support Officer. The
Committee recommends $128,177,000 for the Office of the Chief
Readiness Support Officer (OCRSO), the same as the amount
requested and $96,486,000 above the amount provided in fiscal
year 2016. Of the total amount, $2,931,000 is for repairs to
the Nebraska Avenue Complex and $99,582,000 is for headquarters
consolidation mission support and construction management.
DHS has worked hard and made substantial progress towards
developing a common flying hour program. To maintain momentum,
quarterly updates to the Committee shall continue.
From real estate to vehicle fleets, DHS field offices do
not work together to determine whether co-locating could result
in efficiencies, despite the findings of a pilot program that
found savings could be achieved by consolidating DHS personnel.
Not later than 90 days after the date of enactment of this Act,
DHS shall provide a plan to the Committee requiring all
component-level field offices to consolidate space, services,
and assets. This plan shall include a description of the
departmental mechanisms used to direct the field offices to
conduct these reviews such as existing and desired legislative
authorities, management directives, and regional working
groups, and a description of the methods the Department plans
to use to ensure compliance.
In September 2014, GAO released a report that expressed
concern with the cost and schedule for construction of the new
DHS headquarters facility on the St. Elizabeths campus in
southeast Washington, DC, and recommended revisions to the
existing plan. In response, DHS and GSA released an enhanced
plan to reduce the overall costs of the project, decrease the
size of the campus, and conclude construction efforts in a more
timely fashion. The Committee believes the enhanced plan,
especially the reconfiguration of the Coast Guard headquarters,
is a step in the right direction. In addition, however, DHS
should fully meet the requirements of its formal major
acquisition processes and fully address all of GAO's
recommendations.
In December 2015, the DHS OIG released a report
highlighting serious concerns regarding gross mismanagement of
DHS's vehicle fleet, specifically that of the Federal
Protective Service (FPS). The OIG found that FPS did not
adequately justify its needs for acquiring more vehicles than
officers, having costly SUVs instead of sedans, and leasing
numerous administrative vehicles for mission support functions.
DHS's inability to justify the size and content of its vehicle
fleet wastes taxpayer dollars. The Committee directs DHS to
brief the Committee not later than 60 days after the date of
enactment of this Act on the Department's progress in
addressing recent OIG recommendations.
Office of the Chief Human Capital Officer. The Committee
recommends $39,426,000 for the Office of the Chief Human
Capital Officer (OCHCO), $2,980,000 above the amount requested
and $9,729,000 above the amount provided in fiscal year 2016.
The recommendation includes a reduction of $240,000 due to
hiring delays.
To help ensure the recruitment and development of future
cybersecurity professionals, the Committee recommends an
increase of $3,220,000 to transition the Cyber Student
Volunteer Initiative into a DHS Cybersecurity Internship
Program.
The Committee continues to be concerned about hiring across
the Department. While departmental components have taken steps
to make their hiring processes more efficient and take less
time, most components are still unable to meet their hiring
goals, particularly when faced with continued high attrition
levels. Despite the improvements already made, the length of
the hiring process continues to result in losing the most
capable applicants to other employers and discouraging
potential recruits from applying for employment at DHS in the
first place.
The Committee directs DHS to take the following actions to
help improve its hiring processes:
a. Conduct any necessary polygraph examinations as
early as possible in the personnel security process in
order to avoid unnecessary background investigation,
medical clearance, and other hiring-related expenses;
b. Reevaluate current polygraph disqualifiers;
c. Maximize the use of existing background
investigations for applicants who are current federal
employees or members of the U.S. Military unless
specific fitness factors precluded the acceptance of a
previous suitability/fitness determination;
d. Reevaluate fitness factors to improve consistency
across the Department, as appropriate, and better
promote current reciprocity in acceptance of existing
security clearances.
The Under Secretary for Management shall brief the
Committees within 90 days of the day of enactment of this Act
on the progress it has made towards meeting these requirements;
on other steps the Department is taking or plans to take to
improve hiring under its existing authorities; and on any new
authorities that would further improve the ability to hire.
Office of the Chief Procurement Officer. The Committee
recommends $99,200,000 for the Office of the Chief Procurement
Officer, $2,250,000 below the amount requested and $38,570,000
above the amount provided in fiscal year 2016. The increase
above the prior year is due to the movement to the OCPO of
activities previously funded through departmental components;
commensurate reductions were imposed on component
appropriations. The recommendation also includes a reduction of
$2,250,000 due to hiring delays.
Office of the Chief Security Officer. The Committee
recommends $60,993,000 for the Office of the Chief Security
Officer, $730,000 below the amount requested and $8,127,000
below the amount provided in fiscal year 2016. The
recommendation includes a reduction of $730,000 due to hiring
delays.
Office of the Chief Financial Officer (OCFO). The Committee
recommends $58,826,000 for OCFO, $41,215,000 below the amount
requested and $2,406,000 above the amount provided in fiscal
year 2016. The reduction to the request is the result of the
Committee's recommendation to include an appropriation for the
Financial Systems Modernization (FSM) program in title V of
this bill, consistent with prior years.
As noted above, DHS has been working to develop a
strategic, outcome-based approach for assessing its border
security performance and more constructively informing
decisions about resource allocation. This initiative, on which
the Department is collaborating with a diverse group of outside
researchers, will employ data on apprehensions, removals,
consequence delivery, and other factors, along with survey-
based estimates of the probability of apprehension and the
effect of deterrence on recidivism. The primary goal is the
development of an analytic method for accurately measuring the
illegal entry of individuals, illicit drugs, and other
contraband that is as rigorous and reliable as the econometric
models the country relies on for measuring inflation, the gross
domestic product, and the unemployment rate. Once complete and
validated, this methodology will allow DHS to more precisely
target resources and investments to the right mix of personnel,
technology, and tactical infrastructure along each section of
the border and accurately measure the resulting effect on
outcomes.
The Committee supports this approach and expects the
Department to develop a methodology for optimizing the
allocation of resources based on the outcomes measured, and to
employ that methodology in the development of future budget
requests. The Department shall provide a briefing to the
Committee not later than 90 days after the date of enactment of
this Act on the development of such a methodology.
Some of the budget materials and exhibits justifying the
President's request reflect improvements directed by the
Committees, while others continue to lack clarity and
completeness. In general, the exhibits fail to provide the
level of detail required by Division F of Public Law 114-113
for investment items and procurement accounts. As a
consequence, a general provision is included in title V of the
bill withholding 20 percent of funds from all DHS component
Operations and Support accounts until fiscal year 2018 budget
exhibits are submitted with the specified level of detail.
An increase of $3,000,000 was provided in fiscal year 2016
to improve oversight of DHS financial management activities
relating to programs, operations, and budget requests. By
January 15, 2017, the Department is directed to provide to the
Committee a full accounting of the use of the funding, the
improvements made, a prioritized list of remaining gaps that
the Department believes must be addressed, and a plan to close
those gaps.
Bill language is retained requiring that Monthly Budget
Execution and Staffing reports be submitted to the Committee
within 30 days after the close of each month. These reports
shall include the same level of detail required in section 513
of Public Law 114-4, as modified by section 513 of Public Law
114-113. Beginning on October 1, 2016, all required reports
shall be submitted to the Committee in the new appropriations
structure, as applicable, including the Monthly Budget
Execution and Staffing reports and quarterly obligation plan
updates. The Committee directs the CFO to provide periodic
briefings on the status of maturing the Financial Management
Policy Manual and expanding a professional development program
for financial management professionals across DHS.
Within 60 days of the date of enactment of this Act, the
Committee directs the CFO to provide, by component, the total
cost of migrating to a shared financial services provider.
These costs shall be broken down by fiscal year and major cost
driver, including discovery, configuration, program management,
implementation, and infrastructure and system sustainment for
the total life cycle of the project, including obligations to
date.
The Committee notes that the Appropriations Liaison Office
within the OCFO is beneficial to the Committee, and directs
that the office be maintained to ensure the continued
productive exchange of information on key policies, programs,
initiatives, and budget line items.
Office of the Chief Information Officer (OCIO). The
Committee recommends $258,778,000, the same as the amount
requested. The recommendation includes funding for the
following initiatives: DHS Data Framework; Single Sign-on;
several security initiatives; the Human Resources Information
Technology program; the Federal Risk and Authorization
Management Program; and the Infrastructure Transformation
Program.
House Report 114-215 directed OCIO to provide quarterly
updates to the Committee on the enterprise architecture to
achieve the strategic objectives outlined in the DHS
Information Technology Strategic Plan (FY 2015-2018), including
acquisition strategies that support rapid deployment, agile
development, shared technologies, and the adoption of a
consumption-based business model; these briefings have yet to
occur. In addition to satisfying this overdue requirement for
fiscal year 2016, the Committee directs OCIO to provide a
briefing on the status of meeting these objectives within 30
days after the date of enactment of this Act and quarterly
thereafter.
In House Report 114-215, the Committee made clear its
concerns regarding the lack of interoperable communications
among DHS components and required a briefing on a plan for
closing interoperability gaps. Despite this requirement, and
numerous OIG reports identifying shortcomings and providing
recommendations, there continue to be numerous communications
gaps. Consistent with previous direction, the Committee urges
the Department to examine, and to the greatest extent
practicable, support existing local, state, and federal
interoperable communications partnerships currently in use.
These systems potentially increase the availability of
interoperable communications to all levels of first responders
and, while not a total solution, may serve as a key link for
daily operations.
The Committee is concerned that, although DHS has been
implementing the Human Resources Information Technology (HRIT)
system for over 12 years, it has completed only one out of 15
improvement areas identified in the Department's Human Capital
Segment Architecture Blueprint. In February 2016, GAO reported
that the delays in HRIT implementation were due to a lack of
oversight from DHS's executive steering committee, which met
only once between September 2013 and July 2015. As a result,
DHS did not complete key governance steps, including the
approval of critical acquisition documents. Although DHS has
recently made notable progress in certain HRIT improvement
areas, the Committee remains concerned that without proper
oversight, established timeframes, and key acquisition
documents, DHS will continue to falter in implementing this
important IT system. Consequently, the Department is directed
to provide a briefing to the Committee on the status of
addressing GAO's recommendations within 180 days of the date of
enactment of this Act.
Integrated Operations
Office of the Under Secretary for Management
Office of the Chief Information Officer. As requested, the
Committee recommends $37,398,000 for OCIO, $119,000 below the
amount provided in fiscal year 2016.
It is important to national security to prevent the
compromise or unauthorized disclosure of sensitive digital
content or other personally identifiable information inside and
outside the Department. The Committee directs OCIO to continue
providing data loss prevention capabilities at the enterprise
level through the use of technology at the Department's Trusted
Internet Connection.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2016....................... $17,955,000
Budget request, fiscal year 2017...................... 144,789,000
Recommended in the bill............................... 18,839,000
Bill compared with:
Appropriation, fiscal year 2016..................... +884,000
Budget request, fiscal year 2017.................... -125,950,000
Recommendation
The Committee recommends $18,839,000, $125,950,000 below
the request and $884,000 above the amount provided in fiscal
year 2016.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Procurement, Construction, and
Improvements
Management and Administration. $139,364,000 $13,414,000
Integrated Operations......... 5,425,000 5,425,000
-------------------------------------
Total, Procurement, $144,789,000 $18,839,000
Construction, and
Improvements.............
------------------------------------------------------------------------
Management and Administration
The Committee recommends $13,414,000 for Management and
Administration, $125,950,000 below the request and $866,000
above the amount provided in fiscal year 2016. Due to resource
constraints, the Committee does not recommend funds for the
next phase of construction at St. Elizabeths.
The Chief Information Officer, in coordination with the
Chief Financial Officer and the Chief Procurement Officer, is
directed to certify that an independent verification and
validation agent is currently under contract for major
information technology investments.
Integrated Operations
The Committee recommends $5,425,000 for Integrated
Operations, the same as the request, and $18,000 above the
amount provided in fiscal year 2016.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2016....................... $2,500,000
Budget request, fiscal year 2017...................... 2,500,000
Recommended in the bill............................... 2,500,000
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... - - -
Recommendation
The Committee recommends $2,500,000 for Research and
Development, the same as the request and the same as fiscal
year 2016.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Research and Development
Management and Administration. $2,500,000 $2,500,000
-------------------------------------
Total, Research and $2,500,000 $2,500,000
Development..............
------------------------------------------------------------------------
Management and Administration
The recommended funding is for the Digital Innovation
Program to procure, test, and adopt digital technology products
and services to leverage the most effective, currently
available technology solutions that are critical to the
Department's missions.
Analysis and Operations
Mission
The Analysis and Operations (A&O) appropriation supports
the Office of Intelligence and Analysis, which collects,
evaluates, and disseminates intelligence information, and the
Office of Operations Coordination, which provides incident
management and operational coordination.
Appropriation, fiscal year 2016....................... $264,714,000
Budget request, fiscal year 2017...................... 265,719,000
Recommended in the bill............................... 265,719,000
Bill compared with:
Appropriation, fiscal year 2016..................... +1,005,000
Budget request, fiscal year 2017.................... - - -
Recommendation
As requested, the Committee recommends $265,719,000 for
A&O, $1,005,000 above the amount provided in fiscal year 2016.
The Committee supports the effort to provide security
clearances to appropriate state and local law enforcement
personnel and other first responders. Not later than 60 days
after the date of enactment of this Act, A&O is directed to
brief the Committee on the number of state and local personnel
sponsored for security clearances.
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
Mission
The DHS Office of Inspector General (OIG) conducts and
supervises independent audits, investigations, and inspections
of the programs and operations of DHS, and recommends ways for
DHS to carry out its responsibilities in the most effective,
efficient, and economical manner possible. The OIG is charged
with deterring, identifying, and addressing fraud, abuse,
mismanagement, and waste of taxpayer funds invested in DHS.
Appropriation, fiscal year 2016*...................... $137,488,000
Budget request, fiscal year 2017*..................... 157,144,000
Recommended in the bill*.............................. 157,144,000
Bill compared with:
Appropriation, fiscal year 2016..................... +19,656,000
Budget request, fiscal year 2017.................... - - -
*Does not include a directed transfer of $24,000,000 to the OIG from the
FEMA Disaster Relief Fund.
Recommendation
The Committee recommends $157,144,000 for the OIG, the same
as the budget request and $19,656,000 above the amount provided
in fiscal year 2016. The Committee also continues the practice
of transferring $24,000,000 from the FEMA Disaster Relief Fund
(DRF) to the OIG for disaster-related audits and
investigations.
The OIG is expected to continue monitoring and assessing
component oversight of the use of force by law enforcement
agents and officers, including making recommendations on how
such oversight can be used to improve training.
The Committee is aware that OIG has initiated a review of
ICE and CBP detention facilities, including unannounced
inspections, and is directed to keep the Committees up to date
on the status of its review, including interim findings that
might constructively inform funding action for fiscal year
2017.
Title I--Administrative Provisions
Section 101. The Committee continues a provision requiring
the Chief Financial Officer to submit monthly budget execution
and staffing reports within 30 days after the close of each
month.
Section 102. The Committee continues a provision regarding
grants or contracts awarded by means other than full and open
competition and requires the Inspector General to review them
and report the results to the Committees.
Section 103. The Committee continues a provision requiring
the Secretary to link award fees to successful acquisition
outcomes for all contracts that provide for such fees.
Section 104. The Committee continues a provision requiring
the Secretary of Homeland Security, in conjunction with the
Secretary of the Treasury, to notify the Committees of any
proposed transfers from the Department of the Treasury
Forfeiture Fund to any agency at DHS. No funds may be obligated
prior to such notification.
Section 105. The Committee continues a provision requiring
DHS to submit the Comprehensive Acquisition Status Report
(CASR) with the budget request and provide quarterly updates.
All programs shall be displayed by appropriation and PPA.
TITLE II--SECURITY ENFORCEMENT AND INVESTIGATIONS
U.S. Customs and Border Protection
Appropriation, fiscal year 2016....................... $11,048,249,000
Budget request, fiscal year 2017...................... 11,664,348,000
Recommended in the bill............................... 11,206,240,000
Bill compared with:
Appropriation, fiscal year 2016..................... +157,991,000
Budget request, fiscal year 2017.................... -458,108,000
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, facilitate the flow of legitimate trade
and travel, and ensure all persons and cargo enter the U.S.
legally and safely through official checkpoints at ports of
entry.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2016....................... $10,674,505,000
Budget request, fiscal year 2017...................... 11,340,958,000
Recommended in the bill............................... 10,945,357,000
Bill compared with:
Appropriation, fiscal year 2016..................... +270,852,000
Budget request, fiscal year 2017.................... -395,601,000
Recommendation
The Committee recommends $10,945,357,000 for Operations and
Support, $395,601,000 below the amount requested and
$270,852,000 above the amount provided in fiscal year 2016.
Included in the total is $3,274,000 derived from the Harbor
Maintenance Trust Fund.
For the past several years, CBP's inability to hire and
maintain personnel at the funded levels has resulted in tens of
millions of dollars appropriated for salaries and benefits
being diverted to unplanned and unbudgeted activities with
insufficient congressional oversight. While the Committee
supports the growth in urgently needed personnel, it is
uncertain if the new hiring for which funding was requested can
be achieved on schedule. As a result, the recommendation
supports hiring most of the new positions, but reduces overall
personnel funding by $112,700,000 based on an assumption that,
as in past years, hiring during the course of the year will not
occur as quickly as planned. This decrease includes a general
reduction of $42,781,000 to the request for an additional 1,500
mission support personnel.
Within the total, $1,362,683,000 is available until
September 30, 2019. This two years of funding availability is
with the period of availability for these purposes in prior
years. In future years, however, the Committee intends to
transition all Operations and Support appropriations across the
Department to a single year of availability, with very limited
exceptions for sub-appropriation amounts when additional
flexibility is fully justified. CBP should attempt to obligate
all of its Operations and Support funding during fiscal year
2017 and should budget for fiscal year 2018 under an assumption
of a single year of availability of funds.
The recommendation does not support the requested decrease
in the number of mandated Border Patrol agents due to the lack
of a validated requirement. Until the Department is able to
define a personnel requirement that takes into account all
aspects of border security investments, the Committee is unable
to support any planned reduction in the number of agents. As
addressed in title I of this report, DHS shall develop a
requirements process that will drive future resourcing within
all components.
The fiscal year 2017 President's Budget proposed
transferring the Office of Biometric Identity Management (OBIM)
from the National Protection and Programs Directorate (NPPD) to
CBP. The Committee will not support the requested transfer
until Congress authorizes the reorganization. Accordingly, the
recommendation continues to fund biometric identity management
activities through NPPD.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Operations and Support
Management and Administration
External and $44,266,000 $48,066,000
Intergovernmental Affairs
Business Oversight and 1,075,739,000 1,067,542,000
Execution................
Personnel Oversight and 444,136,000 443,927,000
Management...............
-------------------------------------
Subtotal, Management 1,564,141,000 1,559,535,000
and Administration...
Integrated Operations
Air and Marine Operations. 302,431,000 302,431,000
Operational Coordination 236,607,000 239,607,000
and Information..........
Infrastructure and Support 58,072,000 58,072,000
Mission Integration........... 154,024,000 153,831,000
-------------------------------------
Subtotal, Integrated 751,134,000 753,941,000
Operations...........
Securing America's Borders
Border Security Operations 3,862,834,000 3,857,862,000
(Unaccompanied Children (13,000,000) 0
Contingency).............
Air and Marine Operations. 466,392,000 448,892,000
Infrastructure and Support 266,212,000 266,212,000
-------------------------------------
Subtotal, Securing 4,595,438,000 4,572,966,000
America's Borders....
Securing and Expediting Trade
and Travel
Domestic Operations....... 2,916,488,000 2,584,139,000
International Operations.. 197,460,000 197,460,000
Targeting................. 292,016,000 295,816,000
Trade Administration...... 550,183,000 550,183,000
Infrastructure and Support 474,098,000 474,098,000
-------------------------------------
Subtotal, Securing and 4,430,245,000 4,101,696,000
Expediting Trade and
Travel...............
Mission Support Personnel ................. -42,781,000
(ATB Reduction)..........
-------------------------------------
Total, Operations and $11,340,958,000 $10,945,357,000
Support..............
------------------------------------------------------------------------
Management and Administration
The Committee recommends $1,559,535,000 for Management and
Administration, $4,606,000 below the amount requested and
$107,877,000 above the amount provided in fiscal year 2016. The
reduction to the request is a result of retaining OBIM in NPPD.
The Committee recommends an additional $3,800,000 for a Central
American messaging campaign to better inform Central American
children and families about the dangers of undertaking the
dangerous journey to the United States and to counter the
narrative of smuggling organizations. In addition, $2,000,000
above the request is recommended for additional acquisition
professionals to strengthen Chief Acquisition Executive
oversight of acquisition programs across CBP.
To improve oversight on the execution of personnel funding,
the Committee expects CBP to continue to submit a report not
later than five days after the end of each fiscal quarter on
staffing numbers, to include gains and losses by pay period
during the quarter.
With regard to direction on the submission of expenditure
plans provided under the Office of the Chief Financial Officer
heading in title I of this report, the Committee directs that
CBP's plan also include obligation and budget execution data by
PPA, sub-PPA, project, and subproject or severable end item for
multi-year funding appropriated in prior years, anticipated
carryover, and the planned obligation of carryover in future
years until all funds are obligated.
The Committee includes the requested increase of $3,195,000
to expand Spanish language support capabilities for the public
at the CBP Information Center and encourages CBP to expand the
amount of its overall website content available in Spanish.
A GAO report released in July 2015 (GAO-15-521) made
several recommendations for improving CBP compliance with
William Wilberforce Trafficking Victims Protection
Reauthorization Act (TVPRA), Public Law 110-457 requirements
related to unaccompanied children, including improvements in
training and guidance for officers and agents; revisions to
indicators or questions used to conduct TVPRA assessments; and
documenting the basis for decisions when assessing screening
criteria. GAO also recommended that CBP better document the
care provided to unaccompanied children and the time such
children spend in CBP custody. A more recent GAO report (GAO-
16-514) recommended that CBP improve the collection of data on
time in custody, and develop mechanisms for registering and
tracking complaints and analyzing complaint trends. The
Committee directs CBP to report, within 90 days of enactment of
this Act, on its progress in implementing the recommendations
of GAO-15-521 and GAO-16-514.
CBP plays a critical role in identifying potential human
trafficking victims as they enter the United States. The
Committee encourages CBP to actively participate in the Blue
Campaign, including its efforts to work with nonprofit
stakeholder organizations and victim service providers to
improve officer and agent training on identifying human
trafficking victims, providing appropriate referrals to victim
service organizations, and the use of an overall victim-
centered approach.
Given the diverse backgrounds of human trafficking victims,
the Committee urges CBP to incorporate culturally sensitive
training and language-accessible translated materials into its
academy curricula. The Committee also expects CBP to continue
posting the National Human Trafficking Resource Center hotline,
email address, text messaging number, and website information
at all U.S. ports of entry.
As requested, the Committee recommends an increase of
$6,872,000 for the Office of Professional Responsibility to
hire 30 additional criminal investigators--an increase of 20
percent--to investigate use of force incidents and allegations
of criminal and serious, non-criminal misconduct by CBP
personnel and contractors. The Committee notes that CBP has
expanded its public reporting of use of force incidents and
urges the agency to include information about the findings of
the Use of Force Review Board on use of force incidents, along
with any planned or implemented changes to CBP's use of force
policies, tactics, or training. The Committee also notes that
CBP is in the process of implementing recommendations from an
independent review, initiated by the Commissioner, on the
agency's processes for handling allegations of employee
misconduct, and expects CBP to provide regular updates on the
status of its progress.
The Committee expects CBP to ensure that ports of entry and
short-term custody facilities holding unaccompanied children
have staff who have been appropriately trained to screen
children for signs of trafficking or abuse, as well as staff
trained to manage their care, including necessary medical and
mental health care; climate appropriate clothing; basic
personal hygiene; a pillow, linens, and sufficient blankets to
rest at a comfortable temperature; adequate nutrition; a safe
and sanitary living environment; access to daily recreation;
access to legal services and consular officials; and access to
supervised phone calls. CBP is expected to follow all legal
requirements and policy directives for conveying information to
unaccompanied children regarding their legal rights in a
language they can understand, including mechanisms to report
abuse or misconduct they may have experienced.
The Committee notes that CBP has taken a number of steps to
improve how it addresses the needs of unaccompanied children in
its custody, including increasing the number of designated
Juvenile Coordinators at certain Border Patrol facilities;
developing an automated referral process for more expeditious
placement of unaccompanied children into the Department of
Health and Human Services (HHS) custody; mandating annual
training for all Border Patrol agents on the requirements of
the Prison Rape Elimination Act (PREA), the Flores v. Reno
settlement, and TVPRA; and developing a tracking system to
better ensure compliance under Flores.
The Committee directs CBP to work with ICE, the Office of
Refugee Resettlement (ORR), and the U.S. Marshals Service
(USMS) to ensure that individuals held in CBP short-term
custody are processed and transferred to ICE, ORR, or USMS
custody in accordance with the new CBP National Standards on
Transport, Escort, Detention, and Search (TEDS).
The Committee is concerned by reports of the separation of
some family units after apprehension by CBP or prior to
crossing the border. While CBP should attempt to verify that
individuals presenting as family units are in fact related, it
should avoid the separation of children from a parent, extended
relative, or other primary caregiver whenever possible. It
should also ensure that separated family units are reunited
prior to removal, release from CBP custody, or transfer to ICE
or ORR custody. CBP should establish affirmative mechanisms for
reunifying families as part of its TEDS standards and consider
the development of a Parental Interests Directive (PID) policy
focused on family unity, modeled on ICE's PID. Within 60 days
of the date of enactment of this Act, CBP shall report to the
Committees on its efforts to comply with TEDS requirements,
including training activities, oversight mechanisms, and
mechanisms to support family reunification.
Within 90 days of enactment of this Act, CBP shall report
to the Committees on the feasibility, cost, and benefits of
developing and deploying an online detainee locator system.
The Committee directs the Department to continue issuing
statistics on the number of individuals held in custody by CBP,
as directed in House Report 114-215.
The Committee expects CBP to ensure that its holding
facilities are in full compliance with the Department's
Standards to Prevent, Detect, and Respond to Sexual Abuse and
Assault in Confinement Facilities, which were finalized on
March 7, 2014, in response to a Presidential Memorandum
directing certain federal agencies to promulgate rules
consistent with the requirements of PREA. As part of its budget
justification for fiscal year 2018, CBP shall provide funding
estimates for compliance activities, including in-person staff
training, external audits, infrastructure changes, and other
activities related to adherence to the standards.
The Committee directs CBP to report to the Committee within
24 hours 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. House Report 114-215 directed
CBP to 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
Public Law 114-113. The Committee directs CBP to immediately
comply with this overdue requirement.
As requested, the Committee recommends an increase of
$5,000,000 to continue efforts to improve the integration of
camera technology into CBP's operational environment, including
the expanded use of fixed camera systems, mobile cameras, and
body-worn cameras. The Committee expects CBP to provide regular
updates on the status of developing a comprehensive plan and
implementation schedule for camera technology.
DHS shall return all money and nonperishable personal
property confiscated from removable migrants prior to their
repatriation, in coordination with other state and federal
agencies as appropriate.
Integrated Operations
The Committee recommends $753,941,000 for Integrated
Operations, $2,807,000 above the amount requested and
$51,312,000 above the amount provided for fiscal year 2016. The
total includes a reduction due to the realignment of OBIM from
CBP back to NPPD. The Committee recommends an additional
$3,000,000 to support deployment of law enforcement personnel
to key international locations, including the European
Counterterrorism Center, to partner with foreign police
organizations on foreign terrorist fighter threats.
Many Americans worry that unmanned aircraft systems (UAS)
can be used inappropriately to monitor, track, or surveil their
movements without the benefit of a warrant. The Committee notes
that DHS uses an oversight framework and procedures that ensure
compliance with privacy and civil liberty laws and standards.
Furthermore, Federal Aviation Administration (FAA) requirements
and CBP policies and procedures limit UAS operations. To
monitor compliance with these laws, the Committee expects DHS
to track the number of times these systems are used along the
border, in a maritime environment, or in support of state,
local, and/or tribal law enforcement entities, and encourages
DHS to make this information publicly available.
Securing America's Borders
The Committee recommends $4,572,966,000 for Securing
America's Borders, $22,472,000 below the amount requested and
$96,291,000 above the amount provided for fiscal year 2016. The
total includes a reduction of $17,500,000 for personnel, which
reflects a more accurate hiring rate projection for Air and
Marine Interdiction agents, and a reduction of $13,000,000 due
to the denial of contingency funds for the care of
unaccompanied children. The recommendation includes an
additional $4,028,000 for blue force tracking to support an
initial deployment of capabilities for tracking law enforcement
personnel in the field for officer safety.
The Committee recommends an additional $4,000,000 for small
UAS. While small UAS technology has the potential to be a
force-multiplier for border security operations, the Committee
recognizes that the technology must be utilized safely within
the national air space. Currently, S&T and CBP are working
together on an evaluation of small UAS through the Robotic
Aircraft for Public Safety project, which will eventually be
utilized in the development of operational requirements and a
concept of operations. CBP and S&T are directed to brief the
Committee prior to the obligation of funds on the status of the
program, to include the operational requirement, the concept of
operations, and the continuous evaluation plan that will inform
how the technology will be incorporated into the CBP mission
space.
Unattended ground sensors (UGS) serve as valuable tools for
protecting the northern and southern U.S. borders. The
Committee is aware that the S&T recognized the availability of
technology advanced beyond the capabilities of the current UGS
and developed updated algorithms, and continues to develop and
test next-generation UGS technology. A planned 2011 request for
proposal (RFP) for next generation UGS was abruptly cancelled,
in part because of alleged spectrum issues. In response,
Congress provided funding for a spectrum study, which is
scheduled to be completed by summer 2016. Within 30 days after
the date of enactment of this Act, the Committee directs the
Department to provide a report on the outcome of the spectrum
study, detailed analysis of the current state of deployed UGS
on the northern and southern U.S. borders, and an update on the
ongoing deployment of next generation UGS.
The statement accompanying Division F of Public Law 114-113
included by reference directives from House Report 114-215
requiring CBP to provide a report on its search and rescue
efforts during fiscal year 2015 and to brief the Committee on
the feasibility and cost effectiveness of using commercially
available services, including airships and fixed wing or
rotary-wing aircraft to complement border surveillance
activities. CBP is directed to comply immediately with these
directives. In addition, CBP is directed to provide a report on
its search and rescue activities during fiscal year 2016 within
60 days of enactment of this Act, as detailed in House Report
114-215. In addition, the report should address, to the extent
possible, the cause of death for each migrant and the federal
costs related to search and rescue efforts, including any costs
related to the identification of deceased individuals; the
return or transfer of remains; and the notification of family
members.
In response to a requirement in the joint explanatory
statement accompanying Public Law 114-113, CBP recently updated
the Committee on its efforts to work with S&T, the U.S.
Department of Agriculture (USDA), the Texas State Soil and
Water Conservation Board (TSSWCB), and other stakeholders to
control the growth of carrizo cane along the Southwest border.
CBP reports that it is exploring an integrated strategy that
combines mechanical topping with bio-control agents, with
potentially promising results. The Committee expects CBP to
provide regular updates on its collaboration with S&T, USDA,
and the TSSWCB, and its efforts to develop a comprehensive
approach for carrizo cane control.
Securing and Expediting Trade and Travel
The Committee recommends $4,101,696,000 for Securing and
Expediting Trade and Travel, $328,549,000 below the amount
requested and $58,153,000 above the amount provided for fiscal
year 2016. The recommendation includes a reduction of
$69,919,000 due to hiring rates that continue to be well below
projections and a reduction of $30,000,000 due to the expected
availability in fiscal year 2017 of multi-year funding provided
in fiscal year 2016. The Committee realigns $236,430,000 to
NPPD for OBIM. Additionally, the Committee recommends an
increase of $3,800,000 for analytics and expert support for the
integration of classified and unclassified data into multiple
targeting systems, including those focused on counterterrorism,
alien smuggling, and trade enforcement.
The workload staffing model used by CBP indicates the need
for 2,000 additional officers. The Department has proposed
increases to immigration inspection fees to support these
required officers, but they have not been approved by Congress.
Fiscal constraints prevent funding these additional personnel
with discretionary resources.
To help address the workload challenges of the Office of
Field Operations, the Committee has recommended several
initiatives, including a general provision in this title that
removes the limitation on the number of reimbursable fee
agreements that CBP may enter into at air ports of entry. The
Committee expects agreements that increase or enhance
operational capacity to be based on available staffing and
projected workload and to avoid shifting the baseline costs of
current services funded by appropriations in the bill or unduly
or permanently impacting services. The recommendation also
includes an increase in the overtime limitation to $45,000 to
allow officers to work additional overtime, including in the
context of reimbursable agreements.
The Committee directs the Commissioner to provide a
detailed expenditure plan to the Committees not later than 90
days after the date of enactment of this Act, regarding the
expenditure of funds available in the 9/11 Response and
Biometric Exit Account established in Division O of Public Law
114-113, for the purpose of implementing the biometric entry
and exit data system required by section 7208 of the
Intelligence Reform and Terrorism Prevention Act. The plan
should include information on the timeline for deployment of a
biometric exit system, as well as a description of the
capability that this funding can procure and support. Further,
the plan should include a realistic cost estimate for full
implementation. In addition, the Committee directs the
Commissioner of CBP and the Under Secretary for S&T to brief
the Committee on the results of the Apex Air Entry/Exit Re-
engineering (AEER) program, and the degree to which AEER has
informed the biometric solution slated for operational testing
in fiscal year 2017.
Under Section 1313(j)(2) of title 19 of the U.S. Code, CBP
is required to refund any duties, taxes, and fees imposed on
imported products if they are later exported or destroyed, or
if commercially interchangeable products manufactured in the
United States are subsequently exported. The Committee is
concerned that the agency has adopted a policy that disallows
drawback claims under section 1313(j)(2) for refund of taxes
imposed on certain imported products on the pretext that such
claims must be filed exclusively under title 26 of the U.S.
Code, and that similarly disallows such drawback where the
taxes are collected by a federal agency other than CBP. Not
later than 60 days after the date of enactment of this Act, CBP
shall provide a report to the Committee explaining why drawback
claims for taxes imposed on certain imported products, whether
paid to CBP or to another federal agency, are disallowed under
section 1313(j)(2) of title 19 and why drawback claims are not
treated consistently across all categories of imported
merchandise.
Section 559 of Division F of Public Law 113-76 provided CBP
with the authority, in partnership with the General Services
Administration, to engage in a pilot program to accept
donations, including real or personal property, from private
sector and government entities to facilitate the construction,
alteration, operation, or maintenance of a new or existing land
port of entry. The Committee reminds CBP that this
authorization requires the agencies to take into account the
impact of each donation proposal on other ports of entry on the
same border; the costs of maintaining and operating such
donation; and the impact of the proposed donation on staffing
requirements. In particular, the Committee does not intend that
this pilot program have the effect of diverting resources,
including CBP officers, to one port of entry at the expense of
another.
The Committee recognizes that the CBP's fee for service
regime was originally meant to facilitate international
passengers who fly into or out of small airports. However, in
some instances, fee for service has been used for many years by
medium-sized airports that have a consistently large volume of
international passengers, despite their attempts to receive
port of entry designation. This situation is of particular
concern to the Committee because these airports' passengers are
essentially charged twice for the same service: once through
federal fees paid when their airline ticket is purchased, and
again through the CBP fee for service costs that are charged
directly to the airport and inevitably passed along to the
passengers. The Committee strongly encourages CBP to address
this issue by giving priority consideration to an application
for port of entry status submitted by any commercial airport if
such airport served at least 75,000 deplaned international
passengers in the previous calendar year.
Within 180 days of the date of enactment of this Act, CBP
shall report to the Committee on the following for all ports of
entry: the methodology for allocating officer overtime
resources; the overtime funding levels for fiscal years 2014,
2015, and 2016 at the national, field office, and port of entry
levels; the number of officers who received overtime pay in
those years; and the number that reached overtime caps in those
years, at the national, field office, and port of entry levels.
The report should also address the process for determining
official hours of operation at a port of entry, and any process
for changing the allocation of overtime hours to accommodate
airport and airline schedules.
The Committee is pleased that the Border Security
Deployment Program (BSDP), an integrated surveillance and
intrusion detection system for land ports of entry, was
approved as a program of record in fiscal year 2015. While
funding for BSDP was not included in fiscal year 2015, the
Committee supported a reprogramming of $10,100,000 in fiscal
year 2015 funds for the program and Congress appropriated an
additional $11,100,000 for it in fiscal year 2016. The
Committee recommends $15,100,000 for BSDP in fiscal year 2017,
$4,000,000 above the request.
The Land Border Integration (LBI) program has successfully
utilized innovative technologies and processes to provide
efficiencies at our land border ports of entry. The program,
which now covers 95 percent of travelers at the land border,
has also facilitated travel and enhanced the entry process by
decreasing wait times through improved traveler processing and
improved information sharing. The Committee commends CBP on
these efforts and fully funds the fiscal year 2017 request for
LBI. The Committee is also pleased that CBP continues to
improve the program by refreshing aging equipment. CBP is
encouraged to prioritize and replace those technologies nearing
the end of their life cycles. The Committee directs CBP to
provide a briefing on these efforts not later than 60 days
after the date of enactment of this Act.
The explanatory statement accompanying the fiscal year 2016
DHS Appropriations Act provided significant direction
concerning the required content of budget justification
materials for Non-Intrusive Inspection (NII) technology. To
date, however, CBP has not provided a multi-year investment and
management plan, as directed. The Committee expects CBP to
comply quickly with the requirement for this plan, and to make
it publicly available. In addition, the Committee expects CBP
to adhere to its planned NII procurement schedule so that
vendors can effectively manage their operations and CBP can
minimize procurement costs.
The Trade Facilitation and Trade Enforcement Act (Public
Law 114-125) included a provision to repeal the ``consumptive
demand'' exception to the 1930 Tariff Act prohibition on the
importation of goods made with forced or child labor. The
Committee directs CBP and ICE to jointly brief the Committees,
within 120 days of the enactment of this Act, on their
individual and coordinated efforts to ensure the effective
enforcement of this prohibition.
While CBP's resource allocation model has greatly improved
its ability to make informed staffing decisions, the Committee
understands that CBP must routinely update the model to account
for new trade and travel data and to address any newly
identified gaps, including airport expansions. Any
modifications to the model shall be described in the fiscal
year 2018 budget. To avoid law enforcement and security
sensitivities, CBP is encouraged to provide staffing
requirements at the Field Office level and to continue to work
with expanding airports on options to alleviate wait times.
The budget justification states that CBP's share of
Agriculture Quarantine and Inspection (AQI) user fee
collections for fiscal year 2017 will recover 100 percent of
the cost of its anticipated AQI activities. According to CBP's
Agriculture Specialist Resource Allocation Model (AgRAM),
however, the agency requires 3,048 Agriculture Specialists for
fiscal year 2017, several hundred more than will be supported
by CBP's share of AQI revenue. The explanatory statement for
Public Law 114-113 directed CBP to brief the Committees within
90 days of enactment of this Act on a plan to address staffing
needs identified by the AgRAM. The Committee looks forward to
receiving this overdue briefing, including an explanation of
the apparent discrepancy between fee revenue and staffing
needs, as soon as possible.
The Committee recognizes personnel constraints placed on
ports of entry, particularly those on the U.S.-Mexico border,
with regard to phytosanitary certifications for exported goods.
While understanding the shortage of agriculture specialists
within CBP, the Committee encourages CBP to work with the U.S.
Department of Agriculture to explore how existing staff can be
leveraged to better address the agriculture inspection
workload, such as through the authorization of additional work
hours or dual certification.
The Committee is aware of continued concerns that CBP may
not be applying its rules consistently for classifying textile
costumes and related items as festive articles. In particular,
some importers believe that CBP's current standard for
categorizing an item as a festive article under heading 9505 of
the Harmonized Tariff Schedule of the United States--that it is
a textile costume of a flimsy nature and construction, lacking
in durability, and generally recognized as not being normal
articles of apparel--is too subjective and leads to disparate
treatment of similar imported items for tariff purposes. The
Committee again urges CBP to work with private sector
stakeholders to ensure that the classification approach is both
fair and objective.
In response to a reporting requirement in the explanatory
statement accompanying Public Law 114-113, CBP recently updated
the Committee on its efforts to improve the safety of working
conditions for CBP officers at the West Rail facility near
Brownsville, Texas, including working to minimize the number of
inbound trains during low-light conditions; conducting more
inspections at the Olmito Railyard; and installing a new
security camera system. The Committee urges CBP to continue to
enhance officer safety at the facility by negotiating a free
space lease agreement with the Union Pacific Railroad that
would permit CBP to fund and install fixed lighting along areas
of the rail line where CBP officers conduct inspections.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2016....................... $373,744,000
Budget request, fiscal year 2017...................... 323,390,000
Recommended in the bill............................... 260,883,000
Bill compared with:
Appropriation, fiscal year 2016................... -112,861,000
Budget request, fiscal year 2017.................. -62,507,000
Recommendation
The Committee recommends $260,883,000 for Procurement,
Construction, and Improvements, $62,507,000 below the amount
requested and $112,861,000 below the amount provided for fiscal
year 2016.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Procurement, Construction, and
Improvements:
Securing America's Borders:
Border Security Operations.. $45,942,000 $26,942,000
Air and Marine Operations... 68,617,000 83,617,000
Infrastructure and Support.. 25,000,000 25,000,000
-------------------------------------
Subtotal, Securing 139,559,000 135,559,000
America's Borders........
Securing and Expediting Trade and
Travel:
Domestic Operations......... 113,322,000 54,815,000
Trade Administration........ 55,734,000 55,734,000
Infrastructure and Support.. 14,775,000 14,775,000
-------------------------------------
Subtotal, Securing and 183,831,000 125,324,000
Expediting Trade and
Travel...................
-------------------------------------
Total, Procurement, $323,390,000 $260,883,000
Construction, and
Improvements.................
------------------------------------------------------------------------
Securing America's Borders
The Committee recommends $135,559,000 for Securing
America's Borders, $4,000,000 below the amount requested and
$38,762,000 below the amount provided in fiscal year 2016.
CBP has informed the Committee that funds requested for a
new Border Patrol station in fiscal year 2017 are insufficient
to cover the construction costs for the facility and that
moving forward with the project requires the remainder of the
funding to be appropriated in fiscal year 2018. The Committee
does not approve of this incremental funding approach. As noted
in multiple DHS appropriations reports, components should only
request funding that can realistically be executed in the
budget year. Accordingly, the recommendation provides
$6,000,000 for planning and design efforts for this facility,
an amount that is executable during fiscal year 2017.
The Committee provides $15,000,000 above the request to
ensure the entire UAS fleet has the same upgraded
configuration.
The Committee recommends $43,459,000 for the continued
deployment of Integrated Fixed Towers (IFT), including the
replacement of SBInet Block 1 towers with IFT in the TUS-1 and
AJO-1 Areas of Responsibility.
The recommendation includes a rescission of $55,000,000
from prior year funds from the legacy Border Security, Fencing,
Infrastructure, and Technology account due to program delays.
Securing and Expediting Trade and Travel
The Committee recommends $125,324,000 for Securing and
Expediting Trade and Travel, $58,507,000 below the amount
requested and $49,099,000 below the amount provided for fiscal
year 2016. The reduction is a result of the realignment of OBIM
back to NPPD.
United States Immigration and Customs Enforcement
Appropriation, fiscal year 2016....................... $5,832,041,000
Budget request, fiscal year 2017...................... 5,912,253,000
Recommended in the bill............................... 5,904,380,000
Bill compared with:
Appropriation, fiscal year 2016..................... +72,339,000
Budget request, fiscal year 2017.................... -7,873,000
Mission
United States Immigration and Customs Enforcement (ICE)
enforces federal laws governing border control, customs, trade,
and immigration to promote homeland security and public safety.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2016....................... $5,779,041,000
Budget request, fiscal year 2017...................... 5,862,023,000
Recommended in the bill............................... 5,871,580,000
Bill compared with:
Appropriation, fiscal year 2016..................... +92,539,000
Budget request, fiscal year 2017.................... +9,557,000
Recommendation
The Committee recommends $5,871,580,000 for Operations and
Support, $9,557,000 above the amount requested and $92,539,000
above the amount provided for fiscal year 2016. The
recommendation reflects the continued shortfall in ICE's
efforts to improve hiring and retention, resulting in a
personnel end strength for fiscal year 2016 that is expected to
be only slightly ahead of fiscal year 2015. The recommended
funding level supports 19,029 FTE, an achievable increase in
personnel.
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 people--especially children--as
well as narcotics, weapons, and other contraband into the
United States; ascertaining facts about the composition of the
detained and non-detained alien population in removal
proceedings and their legal claims; screening 100 percent of
visa applications; right-sizing the investigative and
enforcement workforces; and encouraging the development of an
effective deterrence program. The recommendation also addresses
the Department's failure to properly budget for and fund
Enforcement and Removal Operations (ERO).
The Committee is deeply troubled by the ever-increasing gap
between apprehensions of illegal aliens by CBP and removals and
returns by ICE. Removals and returns exceeded apprehensions in
2011 and 2012. However, in 2013 and 2014, apprehensions
increased by 15 and 16 percent, respectively, while removals
and returns decreased inversely by 10 and 14 percent,
respectively. During 2015, there was a 30 percent decrease in
apprehensions and a 25 percent decrease in removals and
returns. Enforcement of the law is a deterrent in and of
itself. ICE is a law enforcement agency and the Committee
expects ICE to execute the enforcement of the nation's
immigration laws to the fullest extent practicable with the
resources provided.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Operations and Support:
Management and Administration:
Personnel Compensation and $203,015,000 $202,895,000
Benefits.................
Headquarters-Managed IT... 161,474,000 161,638,000
-------------------------------------
Subtotal, Management 364,489,000 364,533,000
and Administration...
Enforcement and Removal:
Custody Operations........ 2,178,963,000 2,269,250,000
Fugitive Operations....... 133,133,000 120,926,000
Criminal Alien Program.... 347,455,000 337,028,000
Alternatives to Detention. 125,966,000 125,883,000
Transportation and Removal 322,694,000 318,359,000
Program..................
Unaccompanied Children 7,000,000 - - -
Contingency..............
-------------------------------------
Subtotal, Enforcement 3,108,211,000 3,171,446,000
and Removal..........
Homeland Security
Investigations:
Domestic Investigations... 1,892,183,000 1,831,017,000
International 114,255,000 111,317,000
Investigations...........
Visa Security Program..... 32,496,000 50,946,000
Intelligence.............. 81,996,000 81,928,000
-------------------------------------
Subtotal, Homeland 2,120,930,000 2,075,208,000
Security
Investigations.......
Office of Principal Legal 268,393,000 260,393,000
Advisor..................
-------------------------------------
Total, Operations and $5,862,023,000 $5,871,580,000
Support..............
------------------------------------------------------------------------
Management and Administration
The Committee recommends $364,533,000 for Management and
Administration, $44,000 above the amount requested and
$24,696,000 above the amount provided in fiscal year 2016.
Enforcement and Removal Operations
The Committee recommends $3,171,446,000 for ERO,
$63,235,000 above the amount requested and $46,496,000 below
the amount provided in fiscal year 2016. The recommendation
includes reductions for projected underexecution of personnel
funds. Additionally, the recommendation does not include the
proposed contingency funding for the transportation and removal
of unaccompanied children.
In November 2014, the Department replaced Secure
Communities with the Priority Enforcement Program (PEP). PEP
was designed to alleviate many of the concerns and legal
uncertainties of Secure Communities and enable DHS to better
work with state and local law enforcement to take custody of
criminal aliens who pose a danger to public safety before they
are released into our communities. Prior to establishing PEP,
377 jurisdictions refused to honor some or all ICE detainers.
As of June 2016, according to ICE, 280 of those jurisdictions
(74 percent) have agreed to participate in the PEP program by
responding to ICE requests for notification, honoring detainer
requests, or both. The Committee is encouraged by these results
and urges continued public outreach by senior ICE and DHS
officials and ICE's field-based senior managers to further
expand the number of jurisdictions participating in the program
The Committee directs ICE to provide monthly data on PEP,
including the numbers of custody transfers to ICE by
jurisdiction, immigration status, gender, country of
citizenship, enforcement priority category and subcategory, and
type of I-247 form used, and encourages the agency to make this
information publicly available on its website.
Custody Operations. The Committee recommends $2,269,250,000
for Custody Operations, $90,287,000 above the request and
$47,494,000 below fiscal year 2016. Within the total,
$1,472,203,000 is included to maintain an average of 34,000
daily detention beds, an increase of $142,489,000 over the
amount requested. The recommendation also reflects a reduction
of $52,202,000 for projected underexecution of personnel funds
and includes a rescission of $45,000,000 from fiscal year 2015
due to inability to execute.
ICE requested funding sufficient to support a daily average
of--at most--only 30,913 detention beds during fiscal year
2017, without any serious justification for how it developed
this requirement. Congress mandates 34,000 detention beds every
year because the Department cannot demonstrate why reducing the
number of available detention beds is appropriate and would
have no harmful effects on immigration enforcement.
The statement accompanying the fiscal year 2015 DHS
Appropriations Act warned the Department against employing
misleading and operationally harmful budgeting gimmicks in its
request for detention beds, a warning the Department failed to
heed in its fiscal year 2017 budget submission. ICE leadership
attempted to justify the reduction with a flawed projection
based on a seasonally low data point for average daily
population, knowing full well that the historical trend
supported a higher annual detention bed requirement. Further,
the daily bed rate used to calculate the funding requirement
for family detention was developed without a market survey or
input from industry, and reflected a best case cost that may
not be realistic or achievable.
Not only does a budget based on wishful thinking lack
credibility, it borders on neglect by forcing the Committee to
rectify the shortfall at considerable expense to other critical
ICE and DHS priorities. Consequently, an increase of
$142,489,000 above the request is required to maintain 33,040
adult and 960 family beds.
For fiscal year 2018, DHS is expected to present a budget
request utilizing accurate population and cost estimates, and
to include details in the budget justification material that
rigorously support those estimates. Additionally, the Committee
expects ICE to continue to budget for a minimum of 34,000 beds
until it can convincingly demonstrate that a different number
of beds is needed for immigration enforcement.
The Committee understands that much of ICE's detention bed
capacity is provided by contract or through Inter-Governmental
Service Agreements (IGSAs) with state and local governments and
law enforcement agencies. The Committee is concerned that ICE
is not managing its detainee population in the most fiscally
responsible manner possible; therefore, ICE is directed to
provide a report not later than 90 days after enactment of this
Act detailing the number and type of detention contracts and
IGSAs in effect, and all costs associated with them. The data
provided should include, but not be limited to, transportation,
including ground transportation options and travel from the
point of apprehension to and from all detention centers; health
care; construction; maintenance; security; education services;
personnel; and all other costs that are relevant to the
performance of the IGSA or contract. The report shall specify
all so-called ``burdened costs'' and shall support those claims
with specific billing information from detention providers. The
report shall also determine and apply standardized
methodologies, which ensure that the same costs are measured in
the same ways across various IGSA's and contracts.
Further, ICE is encouraged to utilize facilities in
locations with a cost per detainee that is below the average of
the previous fiscal year.
ICE is directed to notify the Committee prior to releasing
any illegal immigrants in custody due to budgetary reasons,
including an explanation of how ICE assessed the potential risk
to the community and the risk of absconding associated with the
release.
The Committee is concerned by reports of the separation of
some family units after apprehension by CBP. ICE is expected to
ensure that individuals being transferred from CBP to ICE
custody, in ICE custody, or under ICE supervision have
opportunities to report family separation incidents and to
verify the status, location, and disposition of family members.
ICE should also ensure that field officers are appropriately
trained on the requirements of ICE's Parental Interest
Directive and on mechanisms to reunite family units.
The Committee has included language under the OIG heading
directing updates on its ongoing review of ICE and CBP
detention facilities, including unannounced inspections. The
Committee notes that ICE is working collaboratively with OCRCL
to improve detention facility conditions, standards,
inspections, and healthcare services; provide guidance on the
use of segregation; improve disability accommodations; and
ensure the safety and well-being of vulnerable populations. The
Committee expects ICE to continue working with OCRCL to
proactively improve detention facility conditions and
oversight.
The Committee is aware of concerns that a significant
proportion of detention facility inspection results have been
considered ``pending'' for lengthy periods of time over the
last several years. ICE is reminded that it must comply with
the requirements of section 211 of this Act regarding
substandard performance by contract detention facilities.
Within 90 days of enactment of this Act, ICE shall brief the
Committee on its processes for ensuring that it does not
continue to contract with detention facilities with repeated
substandard performance.
The Committee urges DHS and ICE to submit all immigration
detention facility inspections and reviews--including
inspections and reviews following the death of a detainee in
ICE custody--directly to the OIG prior to any changes,
corrections, or edits made by ICE personnel, including
inspections conducted by ERO, the Office of Detention
Oversight, and private contractors. The Committee also directs
ICE to post links to the contracts and contract modifications
for contract detention facilities on its website.''
Within 30 days of the date of enactment of this Act, and
semiannually thereafter, ICE shall provide an update on its
oversight of family detention facilities, including
recommendations for improvements made by the Advisory Committee
on Family Residential Centers or as a result of ICE's community
liaison initiative.
Within 45 days after the date of enactment of this Act, ICE
shall report on its progress in implementing the 2011 Prison
Based National Detention Standards (PBNDS) and requirements
related to the Prison Rape Elimination Act (PREA), including a
list of facilities that are not yet in compliance; a schedule
for bringing facilities into compliance; and current year and
estimated future year costs associated with compliance. The
Committee expects ICE to refrain from entering into new
contracts or IGSAs that do not require adherence to the PREA
and 2011 PBNDS standards. In addition, the Committee again
encourages ICE to consider collaborating with the National PREA
Resource Center, which is supported by the Department of
Justice, to help facilitate PREA compliance.
House Report 114-215 directed ICE to brief the Committee on
its policies and practices for ensuring the safety of
vulnerable populations in immigration detention facilities,
along with recommendations for further improvements to better
protect these detainees. The Committee looks forward to
receiving this overdue briefing as soon as possible.
Fugitive Operations. The Committee recommends $120,926,000
for Fugitive Operations, $12,207,000 below the request and
$35,646,000 below fiscal year 2016. The recommendation includes
a reduction due to projected underexecution of personnel funds
but fully supports the current operational level of Fugitive
Operations teams. The Committee expects fugitive operations to
continue to prioritize the apprehension and removal of
individuals who pose a risk to public safety.
Criminal Alien Program. The Committee recommends
$337,028,000 for the Criminal Alien Program (CAP), $10,427,000
below the amount requested and $19,851,000 above the amount
provided in fiscal year 2016. The recommendation includes
reductions due to projected underexecution of personnel
funding. The Committee expects CAP to continue to prioritize
the removal of individuals who pose a risk to public safety.
Section 287(g) of the Immigration and Naturalization Act
authorizes ICE to enter into memoranda of understanding with
state and local law enforcement entities, through which ICE
delegates limited authority to enforce federal immigration laws
within their jurisdictions under ICE's direct supervision.
These agreements serve as an extension of 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. The Committee
acknowledges the success and importance of 287(g) partnerships
with local law enforcement agencies in identifying criminal
aliens and recommends the requested level of $24,321,000 to
support the program. The Committee is aware that at least 10
new localities have expressed interest in participating in the
program and strongly encourages ICE to consider opportunities
for expanding 287(g), while also continuing efforts to improve
the program through additional training, legal guidance, and
oversight.
Alternatives to Detention. The Alternatives to Detention
(ATD) program places low-risk aliens under various degrees of
supervision or electronic monitoring, in lieu of detention, to
ensure their appearance at immigration hearings and for
removal. ICE operates two forms of ATD: an intensive case
management program and an electronic monitoring program. The
Committee recommends $125,883,000 for ATD, $83,000 below the
amount requested and $11,608,000 above the amount provided for
fiscal year 2016. The recommendation supports an average daily
population of 53,000 participants in the program.
The Committee supports the use of effective alternatives to
detention for appropriate detainee populations. However, the
lack of timely data on participant compliance with release
conditions impedes the Committee's ability to assess the
effectiveness of the program and make recommendations on
continuing or expanding the program. Therefore, ICE is directed
to provide the Committee a statistical analysis for each type
of alien supervision (electronic, GPS, and family case
management) and category of enrollee (single adult/head of a
family unit) to determine the effectiveness of the program with
regards to compliance and removal and to better understand what
characteristics uniquely support removal outcomes. The results
must be reported to the Committee not later than July 1st and
December 1st of each year. ICE shall also provide projected
removal numbers for the post-removal order population for each
type of supervision and actual numbers for the six month period
just completed. The first report will serve as the benchmark
for future reports.
In general, ICE should give priority for participation in
ATD to vulnerable populations for whom ICE determines that ATD
could mitigate risk more effectively than less restrictive
forms of release. The Committee notes that the Violence Against
Women Reauthorization Act of 2013 (Public Law 114-4) requires
that minors transferred to ICE from Office of Refugee
Resettlement (ORR) custody after reaching the age of 18 be
considered for placement in the least restrictive setting
possible, and that supervision of such individuals may include
placement with an individual or organizational sponsor, or in a
supervised group home.
The Committee is aware that ICE initiated a family case
management pilot within the ATD program with the goal of
improving compliance with release conditions, including any
required reporting to ICE Enforcement and Removal officers,
attendance at immigration court hearings, and compliance with
any final orders of removal, while allowing them to remain in
the community and maintain access to community services during
the removal process. The Committee was disappointed to learn
that ICE reduced the number of participants in the pilot
program from 1,500 to 800 because of higher than anticipated
contractor costs, particularly because ICE did not inform the
Committee about the change until several months after the start
of the pilot. While acknowledging that variations from
preliminary cost estimates are to be expected in the context of
a pilot, the degree of variance in this case suggests a lack of
rigor in the evaluation of contract proposals that must be
corrected for future efforts.
Preliminary results from the pilot indicate the potential
for improving compliance rates, but costs must be more
effectively estimated and managed for this new approach to be
affordable. ICE is directed to provide the Committee with
regular updates on the pilot, including any additional changes
to preliminary cost assumptions, and to brief the Committee at
the conclusion of the pilot on its assessment of whether to
adopt this approach on a broader, more permanent basis in the
future. In the context of any future case management program,
ICE should consider working with community-based organizations
that directly provide case management services.
Transportation and Removal Program. The Committee
recommends $318,359,000 for TRP, $4,335,000 below the amount
requested and $5,185,000 above the amount provided in fiscal
year 2016. The recommendation does not include the requested
contingency funding for the transportation and removal of
unaccompanied children in numbers that significantly exceed the
Department's current estimate.
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 members during the removal process.
Consistent with prior years, ICE shall continue submitting
semiannual reports to the Committees on the removal of parents
of U.S. citizen minors.
Homeland Security Investigations
The Committee recommends $2,075,208,000 for Homeland
Security Investigations (HSI), $45,722,000 below the request
and $93,840,000 above fiscal year 2016. The recommendation
includes reductions due to projected underexecution of funds
for personnel.
The Committee is concerned about HSI's current shortfall of
more than 1,000 field specialty support positions and the
resulting unbalanced ratio of investigative support staff to
agents. For instance, the ratio of Computer Forensic Analysts
to agents is 308 to 1 and the ratio of Victim Witness
Coordinators to agents is 222 to 1, when ideal ratios would be
15 to 1 and 100 to 1, respectively. An unbalanced ratio of
agents to support staff translates into an inefficient use of
resources, as agents must either wait for investigative support
or carry out support duties themselves, both to the detriment
of investigations. The Committee urges ICE to more
expeditiously right-size its support staffing levels and to
include a more balanced hiring plan as part of its fiscal year
2018 budget request.
Domestic Investigations. The Committee recommends
$1,831,017,000 for Domestic Investigations, $61,166,000 below
the request due to projected underexecution of personnel and
$69,188,000 above fiscal year 2016. The recommendation includes
$5,000,000 above the request for Operation Angel Watch and the
Child Exploitation Investigations Unit at the Cyber Crimes
Center, of which not less than $2,000,000 shall be for
training, hiring, innovation, and technology for the Child
Victim Identification Section.
The Committee notes that the request includes funding to
annualize investigation enhancements provided in fiscal year
2016, including dedicated personnel and program funding for the
Human Exploitation Rescue Operative (HERO) Child-Rescue Corps
program and funding for 37 Computer Forensic Analyst positions
focused on child exploitation investigations. The Committee
supports plans to train at least two HERO training classes in
fiscal year 2017, and to offer HERO graduates employment as
Forensic Analysts upon completion of their internship. The
Committee understands that ICE and HERO Program partners--U.S.
Special Operations Command and the National Association to
Protect Children--are evaluating the feasibility and costs of
instituting a paid apprenticeship in lieu of the current unpaid
internship for HERO participants. The Committee strongly
supports this concept and encourages the parties to make a
recommendation in time to inform the fiscal year 2018 budget
request.
ICE plays a critical role in investigating criminal
organizations trafficking individuals into and within the
United States. The Committee encourages ICE to actively
participate in the Blue Campaign, including working with
appropriate nonprofit organizations and victim service
providers to improve the training of ICE officers in the field
to identify human trafficking victims and provide appropriate
referrals to victim service organizations. The Committee also
encourages ICE to develop, in consultation with the Department
of Labor or non-governmental organizations, enhanced training
for ICE officers and agents on labor exploitation, smuggling,
and trafficking, along with appropriate referral processes for
identified victims. The Committee notes that ICE can request
Continued Presence for victims of trafficking who are potential
witnesses in trafficking investigations, and encourages the
agency to make appropriate use of such requests. Given the
diverse backgrounds of human trafficking victims, the Committee
urges ICE to incorporate culturally sensitive training and
language-accessible translated materials.
The Committee notes and commends the enforcement work by
ICE and the National Intellectual Property Rights Coordination
Center (NIPRCC) to crack down on the illegal sale and
distribution of counterfeit goods and unauthorized copyrighted
content on the internet. The Committee expects ICE to ensure
that the NIPRCC is appropriately staffed to expand enforcement
actions related to the theft of U.S. intellectual property,
particularly in the online space, and directs ICE to provide
specific details in its fiscal year 2018 budget request on the
resources proposed for these activities.
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.
The Trade Facilitation and Trade Enforcement Act (Public
Law 114-125) included a provision to repeal the ``consumptive
demand'' exception to the 1930 Tariff Act prohibition on the
importation of goods made with forced or child labor. The
Committee directs ICE and CBP to jointly brief the Committee,
within 120 days after the date of the enactment of this Act, on
their individual and coordinated efforts to ensure the
effective enforcement of this prohibition to ensure that access
to U.S. markets is not used to import such goods.
International Investigations. The Committee recommends
$111,317,000 for International Investigations, $2,938,000 below
the request and $4,107,000 above fiscal year 2016. The
recommendation includes reductions due to projected
underexecution of funds for personnel.
This funding enables HSI agents in 62 offices in 46
countries to conduct law enforcement activities and provide
investigative support to domestic offices in combating
transnational crime focusing on human smuggling and
trafficking; trafficking of narcotics, money, weapons and
sensitive technologies; and sexual exploitation of children,
including child sex tourism. HSI partners with foreign and
domestic counterparts to conduct international law enforcement
operations and to support removals from the United States.
Visa Security Program. The Committee recommends $50,946,000
for the Visa Security Program (VSP), $18,450,000 above the
request and $18,385,000 above fiscal year 2016.
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. There is a significant and positive synergistic
effect at posts with Visa Security Units where ICE agents
collaborate with their security and intelligence partners to
enhance existing information and identify previously unknown
threats, instead of solely denying travel to suspect travelers.
VSP currently screens at 26 visa-issuing posts in 20
countries. The recommendation includes $13,000,000 to annualize
the cost of operating at current locations and $5,450,000 to
open new offices in two additional high-threat locations in
fiscal year 2017. ICE is directed to fully program and budget
for this increased level of operations in its fiscal year 2018
budget request.
The Committee understands ICE is conducting a pilot for
remote operations at posts that will inform its plan on how and
where to expand. The Committee directs ICE to brief the
Committee, not later than 30 days after the date of enactment
of this Act, on the results of this pilot and its plans to
continue expanding the VSP to at least two additional locations
per year.
Intelligence. The Committee recommends $81,928,000 for the
Office of Intelligence, $68,000 below the amount requested and
$2,160,000 above the amount provided in fiscal year 2016.
Office of Principal Legal Advisor
The Committee recommends $260,393,000 for the Office of
Principal Legal Advisor, $8,000,000 below the amount requested
and $20,499,000 above the amount provided in fiscal year 2016.
The recommendation funds the agency's request to annualize the
cost of 229 additional attorneys funded in fiscal year 2016 to
help reduce the backlog on the detained and non-detained
dockets.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2016....................... $53,000,000
Budget request, fiscal year 2017...................... 50,230,000
Recommended in the bill............................... 32,800,000
Bill compared with:
Appropriation, fiscal year 2016..................... -20,200,000
Budget request, fiscal year 2017.................... -17,430,000
Recommendation
The Committee recommends $32,800,000 for Procurement,
Construction, and Improvements, $17,430,000 below the amount
requested and $20,200,000 below the amount provided in fiscal
year 2016. The recommendation includes $21,000,000 for TECS
Modernization and $11,800,000 for the Consolidated ICE
Financial Solution.
The Committee directs CBP and ICE to continue semiannual
briefings on efforts to modernize the TECS system, which is
used for immigration enforcement case management and for
screening and determinations related to admissibility to the
United States.
Transportation Security Administration
Appropriation, fiscal year 2016....................... $7,440,096,000
Budget request, fiscal year 2017...................... 7,581,230,000
Recommended in the bill............................... 7,603,069,000
Bill compared with:
Appropriation, fiscal year 2016..................... +162,973,000
Budget request, fiscal year 2017.................... +21,839,000
Mission
The Transportation Security Administration (TSA) is charged
with protecting U.S. transportation systems, while ensuring the
freedom of movement of people and commerce.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2016....................... $6,786,219,000
Budget request, fiscal year 2017...................... 6,914,937,000
Recommended in the bill............................... 6,936,776,000
Bill compared with:
Appropriation, fiscal year 2016..................... +150,557,000
Budget request, fiscal year 2017.................... +21,839,000
Recommendation
The Committee recommends $6,936,776,000 for Operations and
Support, $21,839,000 above the amount requested and
$150,557,000 above the amount provided in fiscal year 2016.
Funds within this account are partially offset through the
collection of aviation security fees.
The fiscal year 2017 President's budget request assumed
$880,000,000 in new revenue collections generated by
unauthorized aviation security fees as an offset to TSA's
discretionary appropriations. The recommendation does not
reflect the implementation of the Administration's proposal, as
it requires new authorization legislation that has not been
enacted and is not under the jurisdiction of the Committee.
The bill provides for two years of funding availability for
Operations and Support, consistent with the period of
availability in prior years. In the future, however, the
Committee intends to transition all Operations and Support
appropriations across the Department to a single year of
availability, with very limited exceptions for sub-
appropriation amounts when additional flexibility is fully
justified. TSA should attempt to obligate all of its Operations
and Support funding during fiscal year 2017, and should budget
for fiscal year 2018 under an assumption of a single year of
availability of funds.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Operations and Support:
Transportation Screening
Operations:
Passenger and Baggage $4,893,766,000 $4,892,466,000
Screening................
National Explosives 131,391,000 152,830,000
Detection Canine Team
Program..................
Vetting Programs.......... 65,751,000 65,751,000
-------------------------------------
Subtotal, 5,090,908,000 5,111,047,000
Transportation
Screening Operations.
Transportation Assessment and
Enforcement:
Compliance Enforcement and 374,649,000 374,649,000
Response.................
In-Flight Security........ 835,086,000 836,786,000
Intelligence Operations at 83,520,000 83,520,000
TSOC.....................
Reviews and Assessments... 193,827,000 193,827,000
-------------------------------------
Subtotal, 1,487,082,000 1,488,782,000
Transportation
Assessment and
Enforcement..........
Management and Administration:
Agency Operations and 336,947,000 336,947,000
Management...............
-------------------------------------
Subtotal, Management 336,947,000 336,947,000
and Administration...
-------------------------------------
Total, Operations $6,914,937,000 $6,936,776,000
and Support..........
------------------------------------------------------------------------
Transportation Screening Operations
The Committee recommends $5,111,047,000 for Transportation
Screening Operations, $20,139,000 above the amount requested
and $95,250,000 above the amount provided in fiscal year 2016.
Passenger and Baggage Screening. The Committee recommends
$4,892,466,000 for Passenger and Baggage Screening, $1,300,000
below the amount requested and $73,317,000 above the amount
provided in fiscal year 2016. The decrease is for Secure Flight
router costs that were included in the request but were funded
in fiscal year 2016.
In fiscal year 2016, Congress provided TSA with additional
funding to address gaps in TSA's passenger screening operations
identified by OIG covert testing. Within this funding was an
increase of $101,769,000 to fund Transportation Security
Officer (TSO) staffing that the President's budget had proposed
to eliminate, and an increase of $12,500,000 to ensure the
centralized and consistent training of the TSO workforce. While
the fiscal year 2017 budget proposed to further increase TSO
staffing, it failed to fully account for the nearly five
percent growth in passenger volume observed between fiscal
years 2014 to 2015--an upward trend that has continued in
fiscal year 2016.
In House Report 114-215, the Committee expressed concerns
that TSA's multi-layered, risk-based security approach to
aviation security was not premised on a clear, comprehensive
understanding of the risk mitigation provided by each security
layer individually or combined--a concern that extends to TSA's
overall understanding of its operational requirements. TSA is
directed to conduct a comprehensive assessment of operational
requirements to improve both the security and efficiency of
passenger and baggage screening processes. This assessment
shall include:
1. TSO staffing requirements, based on accurate assumptions
regarding projected passenger growth and attrition rates,
and factoring in the full range of resources and
initiatives available to support screening operations;
2. The allocation of Behavior Detection Officers (BDOs),
including an evaluation of the potential operational
benefits of redeploying BDOs to active passenger screening
positions at the checkpoint in order to reduce resource
concerns and alleviate wait times;
3. The use of canine teams;
4. Efforts to increase the population of vetted travelers,
including leveraging airport operators and the private
sector to increase enrollment in PreCheck;
5. Potential expansion of the Screening Partnership Program,
including consideration of using contract screeners to
supplement federal screeners during peak travel periods;
6. Statutory authority that may improve the execution of
TSA's aviation security mission, such as the authority to
enter into reimbursable agreements with airport operators
for expanded screener overtime during peak travel periods;
and
7. More efficient and effective checkpoint and checked
baggage security screening equipment.
The Committee commends the Administrator for taking
aggressive action to address TSA's immediate operational
challenges and exploring long-term solutions to improve
passenger and baggage screening processes. However, absent an
in-depth, critical assessment and documented requirements for
TSA's aviation security mission, the recommendation funds TSA
passenger and baggage screening operations at the requested
level. To the extent that TSA's personnel requirement for
fiscal year 2017 will require additional resources, the
Committee expects the Secretary to identify existing resources
within TSA and across the Department to supplement this
funding. Not later than September 15, 2016, the Administrator
is directed to update the Committee on TSA's progress in
developing a comprehensive assessment of its requirements.
The Committee is aware of concerns that TSA personnel are
not consistently complying with TSA guidelines on the treatment
of breast milk, infant formula, related cooling accessories,
and breast pumps at screening checkpoints. Not later than 90
days after the date of enactment of this Act, TSA is directed
to update the Committee on its efforts to ensure TSOs are
consistently following these guidelines, including the number
of traveler complaints received as a consequence of TSO failure
to follow them.
House Report 113-481 directed TSA to provide a report to
the Committees on the evidence demonstrating that behavioral
indicators can be used to identify passengers who may pose a
threat to aviation security and TSA's plans to collect
additional performance data. In its August 2015 report entitled
``Scientific Substantiation of Behavioral Indicators,'' TSA
described a plan to implement a new behavior detection protocol
and subsequent test strategies. TSA reports that it is
currently piloting these revised indicators at four airports
and plans to expand to six additional sites to achieve a
sufficient sample size for statistical analysis. The Committee
expects TSA to provide regular updates on its formal evaluation
of the use of the revised indicators, which is scheduled to
begin in September 2016.
The Committee directs TSA to explore methods of data
collection and analysis related to the referral of individuals
for secondary screening as a way to ensure that its screening
practices guard against profiling based on race, national
origin, or religion.
TSA is also directed to provide the Committee with
semiannual updates on covert testing activities, including
results of recent tests and actions taken to address any
identified deficiencies.
National Explosives Detection Canine Team Program. The
Committee recommends $152,830,000 for the National Explosives
Detection Canine Team Program, $21,439,000 above the amount
requested and $31,121,000 above the amount provided in fiscal
year 2016.
The Committee has long supported the use of explosives
detection canine teams and consistently added funding to expand
TSA's deployment of these effective assets. The recommendation
includes $19,753,000 above the request to hire, train, certify,
and deploy 50 new canine teams, including the necessary kennel
space, training labs, training specialists, and program staff
to support a total of 1,047 teams. The Committee expects TSA to
ensure that appropriate facilities are available in which
canines can rest while on-duty.
In fiscal year 2016, the Committee directed TSA to review
the feasibility and costs of conducting a pilot program to
assess the use of private sector canine teams in TSA passenger
screening operations. Based on TSA's analysis and proposed
execution plan, the recommendation includes $4,186,000 above
the request for TSA to conduct a third party passenger
screening canine pilot in fiscal year 2017. Not later than 60
days after the date of enactment of this Act, TSA shall brief
the Committee on its timeline for executing the pilot. Pending
the results of this pilot, TSA should further examine the
benefit of utilizing private sector canine teams for screening
in the cargo environment, including the feasibility and costs
of conducting a pilot program in this environment
Vetting Programs. The Committee recommends $65,751,000 for
Vetting Programs, the same as the amount requested and
$9,188,000 below the amount provided in fiscal year 2016. The
recommendation includes $1,650,000 to support TSA's
implementation of FBI Rap Back service and $1,500,000 for other
enhanced criminal vetting for aviation workers, as requested,
to continually monitor individuals for criminal activity and
more quickly identify those individuals who may pose a threat
to transportation security.
Transportation Assessment and Enforcement
The Committee recommends $1,488,782,000 for Transportation
Assessment and Enforcement, $1,700,000 above the amount
requested and $57,036,000 above the amount provided in fiscal
year 2016.
Compliance Enforcement and Response. As requested, the
Committee recommends $374,649,000 for Compliance Enforcement
and Response, $15,093,000 above the amount provided in fiscal
year 2016.
TSA recently submitted a report to Congress required by
section 3 of the Gerardo Hernandez Airport Security Act of 2015
(Public Law 114-50) regarding airport response plans for
security incidents, including plans for establishing a unified
law enforcement command; an evaluation of how emergency calls
placed by persons inside the perimeter of an airport will reach
airport police in an expeditious manner; an evacuation
strategy; a strategy, where feasible, for providing airport law
enforcement with access to certain airport security video; and,
to the extent practicable, a projected maximum timeframe for
law enforcement response to an incident. The Committee urges
TSA to continue working with airports on improving airport
response plans in these and the other areas detailed in the
report.
In-Flight Security. The Committee recommends $836,786,000
for In-Flight Security, $1,700,000 above the amount requested
and $10,952,000 above the amount provided in fiscal year 2016.
Within the recommendation is $21,473,000 for the Federal Flight
Deck Officer and Flight Crew Training (FFDO) program, an
increase of $1,700,000 above the request, to expand FLETC
training capacity for FFDO pilots. The Committee directs TSA to
provide a briefing not later than 60 days after the date of
enactment of this Act on FFDO enrollment, training, and
recertification.
The Federal Air Marshals Service (FAMS) grew rapidly in the
aftermath of 9/11. However, threats to aviation security have
evolved since that time, and Congress has appropriated billions
of dollars for advanced screening equipment, tens of thousands
of TSOs to staff airports across the country, and the expansion
of preclearance operations into some of the world's busiest
airports. The Committee is concerned that TSA has not
adequately assessed the role of FAMS in the overall strategy
for aviation security, and continues to await the submission of
an assessment of FAMS staffing requirements to fulfill its
mission.
Intelligence Operations at TSOC. As requested, the
recommendation includes $83,520,000 for Intelligence Operations
at TSOC, $5,534,000 above the amount provided in fiscal year
2016.
Reviews and Assessments. As requested, the recommendation
includes $193,827,000 for Reviews and Assessments, $25,457,000
above the amount provided in fiscal year 2016.
Section 1554(a)(1) of the 9/11 Commission Act of 2007
requires TSA to develop a program to facilitate the tracking of
highway security-sensitive materials (HSSM). In fiscal year
2015, the Committee directed TSA to proceed with the
development of an interim emergency-ready Tier 1 HSSM tracking
system to provide the capability to quickly inject tighter
security control in the hazmat supply chain if needed. The
Committee commends TSA for focusing its efforts on the
development of shipment tracking and chain-of-custody
functionality as an interim step toward completion of a Tier 1
HSSM emergency-ready system. However, further action is needed
to complete current Phase 2 activities and to develop and test
an emergency-ready system. The Committee directs TSA to proceed
with the development of an emergency-ready system consistent
with the concept of operations presented in the section
1554(a)(2)(C) cost/technology study, and to test the system in
a large-scale, voluntary field test involving Tier 1 HSSM
shippers, carriers, and consignees. Not later than July 29,
2016, TSA is directed to brief the Committee on its progress
towards completing Phase 2 efforts. Upon completion of Phase 2,
TSA shall brief the Committee on its results, including an
examination of the benefit of a Tier 1 HSSM safety/security
program implemented in collaboration with DOT, and the next
steps for the HSSM program going forward.
Management and Administration
As requested, the Committee recommends $336,947,000 for
Management and Administration, $1,729,000 below the amount
provided in fiscal year 2016.
The TSA Contact Center is an important tool for interacting
with the traveling public. As passenger volume and wait times
at the checkpoint have increased, call volumes to the TSA
Contact Center have also increased dramatically without a
commensurate growth in staff, resulting in long hold times and
unanswered calls. TSA must ensure adequate resources to support
Contact Center activities, including the timely credentialing
of new personnel, and enable appropriate and timely responses
to increasing call volume.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2016....................... $199,724,000
Budget request, fiscal year 2017...................... 206,093,000
Recommended in the bill............................... 206,093,000
Bill compared with:
Appropriation, fiscal year 2016..................... +6,369,000
Budget request, fiscal year 2017.................... - - -
Recommendation
The Committee recommends $206,093,000 for Procurement,
Construction, and Improvements, the same as the amount
requested and $6,369,000 above the amount provided in fiscal
year 2016.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Procurement, Construction, and
Improvements:
Transportation Screening
Operations:
Passenger and Baggage $199,793,000 $199,793,000
Screening................
Vetting Programs.......... 6,300,000 6,300,000
-------------------------------------
Total, Procurement, $206,093,000 $206,093,000
Construction, and
Improvements.........
Aviation Security Capital ($250,000,000) ($250,000,000)
Fund (Mandatory)\1\......
------------------------------------------------------------------------
\1\The Aviation Security Capital Fund is a mandatory appropriation not
included in the subtotal for Procurement, Construction, and
Improvements because its resources come entirely from Aviation
Security Passenger Fees, the budget authority for which is not
provided through annual appropriations.
Passenger and Baggage Screening. As requested, the
Committee recommends $199,793,000 for Passenger and Baggage
Screening, $4,169,000 above the amount provided in fiscal year
2016. The President's fiscal year 2017 budget requested
$49,199,000 for the procurement and installation of next
generation Advanced Technology X Ray systems (AT-2) for
screening of carry-on baggage at the checkpoint. Subsequent to
the budget submission, TSA informed the Committee that it no
longer plans to procure AT-2s in fiscal year 2017 or in future
years, and instead plans to use the proposed funding for a
different technology that has neither been tested at the
checkpoint nor is a validated requirement. The bill withholds
$49,199,000 from obligation until the DHS USM certifies to the
Committee, not later than 15 days in advance, that the funds
will be expended for transportation security equipment with a
validated requirement and an approved acquisition program
baseline.
The Committee has long expressed concerns with TSA's
ability to manage complex technology acquisitions and create a
strategic vision for long-term security needs. TSA's complete
course change in its fiscal year 2017 acquisition plan for
checkpoint screening equipment, mere months after the
submission of the budget request, is the result of an
inadequate requirements process within the organization. The
Committee is aware, however, that the Administrator is focused
on reforming TSA's acquisition process, including establishing
a requirements process and linking requirements to requested
funding. TSA is directed to brief the Committee not later than
90 days after the date of enactment of this Act, on its
progress on acquisition process reform.
A general provision is included in title V of this Act
rescinding $12,200,000 from amounts provided in fiscal year
2016 for Checkpoint Support due to the continued delays in the
acquisition schedule for Credential Authentication Technology.
The explanatory statement accompanying Public Law 114-113
directed TSA to develop a process to review and validate
reimbursement claims from airports for in-line baggage
screening systems installed prior to 2008, and submit a plan
for the reimbursement of validated claims. The Committee
expects TSA to implement the required review process in fiscal
year 2017 and urges the agency to propose sufficient funding to
begin reimbursement to airports in the fiscal year 2018 budget.
The Committee recognizes the significant investments made
by the private sector to assist in reducing TSA security
checkpoint wait times this summer, such as installation of
innovative new checkpoint technologies and processes intended
to improve both security and passenger throughput. The
Committee encourages TSA to leverage its partnerships with
private sector entities, including airports and airlines, and
take these investments into consideration when making
deployment decisions for new and innovative checkpoint
equipment.
Vetting Programs. As requested, the Committee recommends
$6,300,000 for Vetting Programs, $2,200,000 above the amount
provided in fiscal year 2016. TSA is directed to brief the
Committee not later than 15 days after approval of the
Technology Infrastructure Modernization program rebaselining,
currently scheduled for June 2016.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2016....................... $5,000,000
Budget request, fiscal year 2017...................... 5,000,000
Recommended in the bill............................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... - - -
Recommendation
As requested, the Committee recommends $5,000,000 for
Research and Development, the same as the amount provided in
fiscal year 2016. TSA is exploring the development of open
architecture platforms to drive standardization into the
screening equipment capability development process, with the
intent of expanding opportunities for innovation and providing
faster delivery of these capabilities to the front lines. Not
later than 60 days after the date of enactment of this Act, TSA
is directed to brief the Committee on these efforts, including
descriptions of how TSA plans to incorporate these initiatives
into its acquisition planning process; its efforts to ensure
new capability improvements are efficiently delivered in the
interim to support enhanced screening and security; and its
engagement with industry on the open architecture program.
Coast Guard
Appropriation, fiscal year 2016....................... $10,921,819,000
Budget request, fiscal year 2017...................... 10,110,479,000
Recommended in the bill............................... 10,221,846,000
Bill compared with:
Appropriation, fiscal year 2016..................... -699,973,000
Budget request, fiscal year 2017.................... +111,367,000
Mission
The Coast Guard is the principal federal agency charged
with maritime safety, security, and stewardship.
OPERATING EXPENSES
Appropriation, fiscal year 2016\1\.................... $7,061,490,000
Budget request, fiscal year 2017\2\................... 6,986,815,000
Recommended in the bill\3\............................ 6,977,815,000
Bill compared with:
Appropriation, fiscal year 2016..................... -83,675,000
Budget request, fiscal year 2017.................... -9,000,000
\1\Includes funding for the Global War on Terrorism (GWOT)/Overseas
Contingency Operations (OCO).
\2\Funding for the Coast Guard related to GWOT/OCO is requested under
Navy, Operations and Maintenance.
\3\Does not include funding for GWOT/OCO.
Recommendation
The Committee recommends a total appropriation of
$6,977,815,000 for Operating Expenses, $9,000,000 below the
amount requested and $83,675,000 below the amount provided in
fiscal year 2016. The total includes a reduction of $10,000,000
to reflect a more realistic funding level for Military Pay and
Allowances.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Operating Expenses:
Military Pay and Allowances... $3,597,319,000 $3,587,319,000
Civilian Pay and Benefits..... 817,324,000 817,324,000
Training and Recruiting....... 198,605,000 199,605,000
Operating Funds and Unit Level 996,204,000 996,204,000
Maintenance..................
Centrally Managed Accounts.... 329,099,000 329,099,000
Intermediate and Depot Level 1,048,264,000 1,048,264,000
Maintenance..................
-------------------------------------
Total, Operating Expenses......... $6,986,815,000 $6,977,815,000
------------------------------------------------------------------------
The Committee notes that in January 2016, the Commandant
published the Coast Guard Human Capital Strategy, which called
for increasing the size of the service to meet growing mission
requirements; however, current attrition, accession, and
retention rates are challenging the Coast Guard's ability to
meet its current manpower targets, especially within the
enlisted ranks. Further, the budget request for fiscal year
2017 did not reflect realistic hiring assumptions, which, in
turn, led to incorrect average cost assumptions for requested
FTE. The Coast Guard is directed to ensure that only realistic
FTE and associated funding assumptions are used to develop
future budget requests. The Committee understands the Coast
Guard will conduct a Manpower Requirements Analysis (MRA), as
directed by the Coast Guard Authorization Act of 2015, to
determine the size of the force needed. The Coast Guard is
directed to provide an update to the Committee on its progress
for completing the MRA when it submits the fiscal year 2018
request.
The Committee directs the Coast Guard to continue to
provide an annual report, due within 90 days after the date of
enactment of this Act, on the number of expedited requests for
transfer made by victims of sexual assault during the prior
fiscal year, including the number of applications denied and a
description of the rationale for each denied request. The
report shall also include the number of service members served
by the Special Victim Counsel program during the same period.
The Coast Guard is authorized to provide capacity building
assistance to partner nation maritime governance agencies in
support of national security and foreign policy objectives via
resources provided by the Department of Defense or the
Department of State. The Committee urges the Coast Guard to
seek such funding to help improve the capacity of partner
nations in the South China Sea region to enforce international
and relevant maritime laws, combat illegal fishing, secure the
sea lines of communication, and respond to increasingly
aggressive Chinese coast guard activities intended to assert
sovereignty over South China Sea waters. The Committee also
directs the Coast Guard to make recommendations to the
Secretary of State for the transfer of Excess Defense Articles
to allies and partners in the region.
Within 180 days after the date of enactment of this Act,
the Coast Guard shall brief the Committee on its progress,
working with the Department of Commerce, to implement the
Illegal, Unreported, and Unregulated Fishing Enforcement Act of
2015 (Public Law 114-81). The Coast Guard should address its
current capability to limit access to U.S. ports by vessels
found to be in violation of fishing laws, including any related
technological or resource limitations it faces.
The Committee is aware that the U.S. Navy has replaced many
of its on-board ship water purification systems that rely on
bromine as an antimicrobial agent, and encourages the Coast
Guard to explore the use of alternative, non-toxic water
purification technologies for its ships.
The Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990, as amended by the National Invasive Species Act of
1996, grants authority to the Coast Guard to establish and
enforce regulations designed to prevent the introduction and
spread of aquatic nuisance species in the waters of the United
States through the discharge of ballast water. The Committee
understands the Coast Guard's standards mirror the
International Maritime Organization guidelines for approving
ballast water management systems but notes with concern that
the Coast Guard has yet to approve a single system, despite
having published its final rule establishing standards for U.S.
type approval of Ballast Water Management Systems (BWMS) in
2012.
The Committee understands that up to 20 BWMS are undergoing
testing at Coast Guard certified independent laboratories,
which may result in type approval of one or more systems by the
end of the calendar year. The Committee encourages the Coast
Guard to move with alacrity while maintaining its published
standards and to report to the Committee on the status of BWMS
testing and approval not later than 60 days after the date of
enactment of this Act.
The recommendation includes $1,000,000 to carry out a pilot
fishing safety training program, as authorized by section 309
of the Coast Guard Reauthorization Act of 2014 (Public Law 113-
281) and as generally described in the report to the Committees
entitled ``Fishing Safety: Pilot Training Program'' dated April
28, 2016.
The Committee recognizes the Coast Guard's current efforts
to partner with communities to promote STEM education standards
in nontraditional classroom settings, and encourages further
expansion of the Partnership in Education Program, particularly
through the participation of Coast Guard Academy cadets.
The Committee is aware of the Coast Guard's plans to shift
from year round operations of some Great Lakes boat stations to
seasonal operations, maintaining a shore-based response
capability as weather and boating activity warrants. Not later
than 60 days prior to initiating seasonal operations for
current, fulltime boat stations, the Coast Guard is directed to
brief the Committee on plans to ensure there is no reduction in
service or response times for affected communities. The
briefing should detail resources that will be available, both
civil and Coast Guard assets, such as law enforcement, search
and rescue, and aviation units, and include projected response
times.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriation, fiscal year 2016....................... $13,221,000
Budget request, fiscal year 2017...................... 13,315,000
Recommended in the bill............................... 13,315,000
Bill compared with:
Appropriation, fiscal year 2016..................... +94,000
Budget request, fiscal year 2017.................... - - -
Recommendation
The Committee recommends $13,315,000 for Environmental
Compliance and Restoration, the same as the amount requested
and $94,000 above the amount provided in fiscal year 2016.
RESERVE TRAINING
Appropriation, fiscal year 2016....................... $110,614,000
Budget request, fiscal year 2017...................... 112,302,000
Recommended in the bill............................... 112,302,000
Bill compared with:
Appropriation, fiscal year 2016..................... +1,688,000
Budget request, fiscal year 2017.................... - - -
Recommendation
The Committee recommends $112,302,000 for Reserve Training,
the same as the amount requested and $1,688,000 above the
amount provided in fiscal year 2016.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2016....................... $1,945,169,000
Budget request, fiscal year 2017...................... 1,136,788,000
Recommended in the bill............................... 1,257,155,000
Bill compared with:
Appropriation, fiscal year 2016..................... -688,014,000
Budget request, fiscal year 2017.................... +120,367,000
Recommendation
The Committee recommends $1,257,155,000 for Acquisition,
Construction, and Improvements (AC&I), $120,367,000 above the
amount requested and $688,014,000 below the amount provided in
fiscal year 2016.
The Committee recommends the following rescissions in title
V of this bill from prior year accounts: $4,200,000 from funds
provided in fiscal year 2013; $19,300,000 from funds provided
in fiscal year 2014; and $16,500,000 from funds provided in
fiscal year 2015.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Acquisition, Construction, and
Improvements:
Vessels:
Survey and Design--Vessels $6,500,000 $6,500,000
and Boats................
In-service Vessel 79,000,000 79,000,000
Sustainment..............
National Security Cutter 127,000,000 157,000,000
(NSC)....................
Offshore Patrol Cutter 100,000,000 100,000,000
(OPC)....................
Fast Response Cutter (FRC) 240,000,000 325,000,000
Cutter Boats.............. 4,000,000 4,000,000
Polar Ice Breaking Vessel. 147,600,000 37,578,000
-------------------------------------
Subtotal, Vessels..... 704,100,000 709,078,000
Aircraft:
HH-65 Acquisition/ 25,000,000 25,000,000
Conversion/Sustainment...
HC-130J Acquisition/ 20,800,000 115,800,000
Conversion/Sustainment...
HC-144A Conversion/ 25,500,000 25,500,00
Sustainment..............
HC-27J Conversion/ 130,000,000 130,000,000
Sustainment..............
-------------------------------------
Subtotal, Aircraft.... 201,300,000 296,300,000
Other Acquisition Programs:
Other Equipment and 8,055,000 8,055,000
Systems..................
Government Program 20,000,000 20,000,000
Management...............
CG-LIMS................... 7,000,000 7,000,000
C4ISR..................... 24,300,000 24,300,000
-------------------------------------
Subtotal, Other 59,355,000 59,355,000
Acquisition Programs.
Shore Facilities and Aids to
Navigation:
Major/Minor construction; 18,100,000 38,489,000
Housing; ATON; and Survey
& Design.................
Major Acquisition Systems 28,000,000 28,000,000
Infrastructure...........
Minor Shore............... 5,000,000 5,000,000
-------------------------------------
Subtotal, Shore 71,100,000 71,489,000
Facilities and Aids
to Navigation........
Personnel and Related Support:
Direct Personnel Costs.... 120,933,000 120,933,000
-------------------------------------
Subtotal, Personnel 120,933,000 120,933,000
and Related Support..
-------------------------------------
Total, Acquisition, $1,136,788,000 $1,257,155,000
Construction, and
Improvements.............
------------------------------------------------------------------------
The Coast Guard is directed to continue to brief the
Committee quarterly on all major acquisitions, consistent with
the direction in the explanatory statement accompanying Public
Law 114-4.
National Security Cutter. The Committee recommends
$157,000,000 for the National Security Cutter (NSC) program,
$30,000,000 above the amount requested and $586,400,000 below
the amount provided in fiscal year 2016. The additional
$30,000,000 will be used for Structural Enhancement Dry-dock
Availability for the second NSC.
Offshore Patrol Cutter. The Committee recommends
$100,000,000 for the Offshore Patrol Cutter (OPC), the same as
the amount requested and $11,000,000 above the amount provided
in fiscal year 2016. The Coast Guard is directed to provide a
program briefing to the Committee not later than 30 days after
award of the Detailed Design contract.
Fast Response Cutter. The Committee recommends $325,000,000
to acquire six Fast Response Cutters (FRCs).
Polar Ice Breaking Vessel. The Committee is encouraged by
and strongly supports the Administration's efforts to
accelerate the acquisition of a new heavy icebreaker, which is
urgently needed to ensure accessibility to the Arctic and
Antarctic regions for the Coast Guard and other stakeholder
agency missions.
While the Coast Guard is making progress on this
acquisition program, it has not sufficiently developed a
comprehensive procurement strategy, validated resource
requirements, or planned activities beyond fiscal year 2018 to
justify the full amount requested for fiscal year 2017.
Therefore, the Committee recommends $37,578,000 for the polar
ice breaking program, $110,022,000 below the request and
$31,578,000 above the amount provided in fiscal year 2016. This
funding level will allow the Coast Guard to aggressively
continue its acquisition activities during fiscal year 2017 and
through early fiscal year 2018.
The Committee expects the Coast Guard to deliver a complete
acquisition strategy along with the submission of the fiscal
year 2018 budget request to ensure continued acceleration of
the acquisition plan.
Consistent with the explanatory statement accompanying
Public Law 114-113, the Committee continues to believe that
funding responsibility for the heavy icebreaker should be
shared among the various stakeholder agencies whose
requirements will significantly increase the total cost of the
asset.
HC-130J Aircraft. The Committee recommends $115,800,000 for
the HC-130J aircraft program, $95,000,000 above the request and
$34,200,000 below the amount provided in fiscal year 2016. The
additional $95,000,000 will be used to procure the Coast
Guard's fourteenth HC-130J.
The Committee is disappointed that the President's budget
request for the Coast Guard fails to support the continued
recapitalization of the Long-Range Surveillance Aircraft (LRSA)
fleet. Despite a validated requirement for 22 HC-130J aircraft,
the Administration has failed to request funding for
recapitalization of the fleet since 2012 even though it is less
expensive to operate and more operationally capable than the
aging HC-130H fleet.
The Committee understands that the Coast Guard is currently
updating its aviation fleet mix analysis to account for the
transfer of 14 HC-27Js from the U.S. Air Force. Beginning with
the fiscal year 2018 budget request, the Secretary is expected
to include adequate funding to normalize the recapitalization
of the LRSA fleet in order to improve mission capability and
avoid unnecessary and expensive service life extension upgrades
for the HC-130H.
Major/Minor Construction; Housing; ATON; and survey and
Design. The Committee recommends $38,489,000 for Major/Minor
Construction, Housing, Aids to Navigation, and Survey and
Design, $20,389,000 above the request and $86,111,000 below the
amount provided in fiscal year 2016. The amount above the
request is for construction, improvement, and relocation
projects on the Coast Guard's unfunded priorities list.
The Commandant of the Coast Guard shall brief the
Committees on the execution plan for each of these projects at
least five days prior to obligating funds.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Appropriation, fiscal year 2016....................... $18,019,000
Budget request, fiscal year 2017...................... 18,319,000
Recommended in the bill............................... 18,319,000
Bill compared with:
Appropriation, fiscal year 2016..................... +300,000
Budget request, fiscal year 2017.................... - - -
Recommendation
The Committee recommends $18,319,000 for Research,
Development, Test, and Evaluation, which is equal to the amount
requested and $300,000 above the amount provided in fiscal year
2016.
MEDICARE ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTION\1\
Appropriation, fiscal year 2016....................... $169,306,000
Budget request, fiscal year 2017...................... 176,000,000
Recommended in the bill............................... 176,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +6,694,000
Budget request, fiscal year 2017.................... - - -
\1\This is a permanent indefinite discretionary appropriation.
Recommendation
While this account requires no annual action by Congress,
the Committee affirms the expenditure of $176,000,000 for the
Medicare-eligible retiree health care fund contribution,
$6,694,000 above the amount funded in fiscal year 2016 and
consistent with the CBO-estimated requirement for fiscal year
2017.
RETIRED PAY
Appropriation, fiscal year 2016....................... $1,604,000,000
Budget request, fiscal year 2017...................... 1,666,940,000
Recommended in the bill............................... 1,666,940,000
Bill compared with:
Appropriation, fiscal year 2016..................... +62,940,000
Budget request, fiscal year 2017.................... - - -
Recommendation
The Committee recommends $1,666,940,000 for Retired Pay,
the same as the amount requested and $62,940,000 above the
amount provided in fiscal year 2016. Bill language is included
that allows funds to remain available until expended. The Coast
Guard's Retired Pay appropriation is a mandatory budgetary
activity.
United States Secret Service
Appropriation, fiscal year 2016....................... $1,933,545,000
Budget request, fiscal year 2017...................... 1,891,119,000
Recommended in the bill............................... 1,932,349,000
Bill compared with:
Appropriation, fiscal year 2016..................... -1,196,000
Budget request, fiscal year 2017.................... +41,230,000
Mission
The United States Secret Service (USSS) has statutory
authority to carry out two primary missions: protecting the
nation's leaders and investigating financial and electronic
crimes. The Secret Service protects and investigates threats
against the President and Vice President, their families,
visiting heads of state, and other designated individuals;
protects the White House, 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 also 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. In addition, the agency provides support for
investigations related to missing and exploited children.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2016....................... $1,850,612,000
Budget request, fiscal year 2017...................... 1,773,123,000
Recommended in the bill............................... 1,839,722,000
Bill compared with:
Appropriation, fiscal year 2016..................... -10,890,000
Budget request, fiscal year 2017.................... +66,599,000
Recommendation
The Committee recommends $1,839,722,000 for Operations and
Support, $66,599,000 above the amount requested and $10,890,000
below the amount provided in fiscal year 2016.
The Committee recommends that $36,966,000 remain available
until September 30, 2018, of which $5,557,000 is for the James
J. Rowley Training Center, $8,909,000 is for Operational
Mission Support, $18,000,000 is for protective travel, and
$4,500,000 is for NSSEs. This two years of funding availability
is consistent with the period of availability for these
purposes in prior years. In the future, however, the Committee
intends to transition all Operations and Support appropriations
across the Department to a single year of availability, with
very limited exceptions for sub-appropriation amounts when
additional flexibility is fully justified. USSS should attempt
to obligate all of its Operations and Support funding during
fiscal year 2017, and should budget for fiscal year 2018 under
an assumption of a single year of availability of funds.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Operations and Support:
Protection................ $734,547,000 $782,277,000
Criminal Investigations... 49,865,000 68,734,000
Integrated Operations..... 842,995,000 842,995,000
Management and 145,716,000 145,716,000
Administration...........
-------------------------------------
Total, Operations and $1,773,123,000 $1,839,722,000
Support..............
------------------------------------------------------------------------
Protection
The Committee recommends $782,277,000 for Protection,
$47,730,000 above the request and $29,265,000 above the fiscal
year 2016 level.
The USSS continues to be unable to hire and maintain
personnel at funded levels. As a result, the recommendation
supports hiring of the requested number of new positions, but
reduces the number of FTE and overall personnel funding by
$13,750,000 based on the assumption that, as in past years,
hiring during the course of the year will not occur as quickly
as planned. Further, the recommendation includes a reduction of
$4,000,000 from the request for additional operational mission
support personnel due to similar concerns about the pace of
hiring.
In an attempt to stem attrition, the recommendation
includes an additional $39,895,000 above the request for
retention initiatives, to include: $16,395,000 for permanent
change of station moves that were severely underfunded in the
budget request; $3,000,000 for student loan repayments;
$3,000,000 for tuition assistance; $13,500,000 to support the
temporary reemployment of retired agents and officers; and
$4,000,000 for child care subsidies. The Committee expects
periodic briefings from the USSS on the implementation of these
initiatives.
Additionally, the recommendation includes $25,585,000 above
the request to close capability gaps in the audio
countermeasures program.
Criminal Investigations
The Committee recommends $68,734,000 for Criminal
Investigations, $21,781,000 above the fiscal year 2016 level
and $18,869,000 above the request. The amount includes
$12,869,000 for continued support of electronic crimes
investigations and training through the Electronic Crimes
Special Agent Program, its network of Electronic Crimes Task
Forces, and the National Computer Forensics Institute (NCFI).
Although the request proposed funding the NCFI within a new
Federal Assistance appropriation, these activities are more
appropriately aligned to the Operations and Support
appropriation.
Additionally, the recommendation includes $8,366,000 for
investigations of missing and exploited children, equal to the
fiscal year 2016 level, including $2,366,000 for forensic and
investigative support and $6,000,000 above the request for
grants related to investigations.
The United States Secret Service continues to show
significant results from its efforts to stop the counterfeiting
of U.S. currency in concert with its law enforcement
counterparts in Colombia and Peru, and is building on this
effort in its international field offices. The Committee
expects the United States Secret Service, in conjunction with
the DHS Office of Policy, to keep it informed of developments
related to counterfeiting and other international investigative
mission areas.
Integrated Operations
The Committee recommends $842,995,000 for Integrated
Operations, which is the level requested and $34,164,000 below
the fiscal year 2016 level.
Management and Administration
The Committee recommends $145,716,000 for Management and
Administration, which is the level requested and $27,772,000
below the fiscal year 2016 level.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2016....................... $63,899,000
Budget request, fiscal year 2017...................... 110,627,000
Recommended in the bill............................... 90,127,000
Bill compared with:
Appropriation, fiscal year 2016..................... +26,228,000
Budget request, fiscal year 2017.................... -20,500,000
Recommendation
The Committee recommends $90,127,000, $20,500,000 below the
request and $26,228,000 above the amount provided in fiscal
year 2016.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Procurement, Construction, and
Improvements:
Protection.................... $47,737,000 $37,237,000
Integrated Operations......... 62,890,000 52,890,000
-------------------------------------
Total, Procurement, $110,627,000 $90,127,000
Construction, and
Improvements.............
------------------------------------------------------------------------
Protection
The Committee recommends $37,237,000 for Protection,
$10,500,000 below the request and $26,237,000 above the amount
provided in fiscal year 2016. The reduction below the request
is attributable to concerns about the ability of the USSS to
fully execute the proposed funding level for White House
structures, which is significantly larger than prior years. The
recommendation includes $8,500,000, as requested, for the next
generation limousine, which will fund the third and fourth
vehicles.
Integrated Operations
The Committee recommends $52,890,000 for Integrated
Operations, $10,000,000 below the request, and $9,000 below the
amount provided in fiscal year 2016. The reduction below the
request is proportional to the planned carryover of prior year
appropriations that will remain available for obligation during
fiscal year 2017.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2016....................... $250,000
Budget request, fiscal year 2017...................... 2,500,000
Recommended in the bill............................... 2,500,000
Bill compared with:
Appropriation, fiscal year 2016..................... +2,250,000
Budget request, fiscal year 2017.................... - - -
Recommendation
The Committee recommends $2,500,000 for Research and
Development, the same as the request and $2,250,000 above
fiscal year 2016.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Research and Development:
Protection.................... $2,250,000 $2,250,000
Integrated Operations......... 250,000 250,000
-------------------------------------
Total, Research and $2,500,000 $2,500,000
Development..............
------------------------------------------------------------------------
FEDERAL ASSISTANCE
Appropriation, fiscal year 2016....................... $18,784,000
Budget request, fiscal year 2017...................... 4,869,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2016..................... -18,784,000
Budget request, fiscal year 2017.................... -4,869,000
Recommendation
In lieu of the requested $4,869,000 for a Federal
Assistance appropriation, the Committee recommends funding the
proposed activities through the Operations and Support
appropriation.
Title II--Administrative Provisions
Section 201. The Committee continues and modifies a
provision regarding overtime compensation.
Section 202. The Committee continues a provision requiring
the Border Patrol to maintain an active duty force of 21,370
agents.
Section 203. The Committee continues a provision allowing
CBP to increase operations in Puerto Rico.
Section 204. The Committee continues a provision
prohibiting the transfer of aircraft and related equipment out
of CBP unless certain conditions are met.
Section 205. The Committee amends a provision from Public
Law 113-76 allowing for public-private partnerships.
Section 206. The Committee continues a provision directing
the Secretary of Homeland Security to prioritize the
identification and removal of aliens convicted of a crime by
the severity of that crime.
Section 207. The Committee continues a provision affirming
the legal authorities of ICE agents during operations
pertaining to aliens convicted of a crime.
Section 208. The Committee continues a provision allowing
the Secretary to reprogram and transfer funds within and into
``United States Immigration and Customs Enforcement--Operations
and Support'' to ensure the detention of aliens prioritized for
removal.
Section 209. The Committee continues a provision
prohibiting funds made available in this Act for the position
of Public Advocate, or a successor position, within United
States Immigration and Customs Enforcement.
Section 210. The Committee continues a provision
prohibiting use of funds provided under the heading
``Immigration and Customs Enforcement--Operations and Support''
for the delegation of law enforcement authority under the
287(g) program if the terms of the agreement governing the
delegation of authority have been materially violated.
Section 211. The Committee continues a provision
prohibiting use of funds provided under the heading
``Immigration and Customs Enforcement--Operations and Support''
to contract for detention services if a facility receives less
than ``adequate'' ratings in two consecutive performance
evaluations.
Section 212. The Committee includes a new provision
prohibiting the obligation of funds under ``Transportation
Security Administration--Procurement, Construction, and
Improvements,'' unless a certification is made by the USM at
least 15 days in advance.
Section 213. The Committee continues a provision clarifying
that certain elected and appointed officials are not exempt
from federal passenger and baggage screening.
Section 214. The Committee continues a provision that
limits TSA screening personnel to 45,000 FTE, not including
part-time employees.
Section 215. The Committee continues a provision that
directs TSA to award explosives detection systems based on
risk.
Section 216. The Committee continues a provision
authorizing TSA to use funds from the Aviation Security Capital
Fund for the procurement and installation of explosives
detection systems or for other purposes authorized by law.
Section 217. The Committee continues a provision that
requires TSA to submit a report on TSA passenger and baggage
screening.
Section 218. The Committee continues a provision
prohibiting the use of funds in abrogation of the statutory
requirement for TSA to monitor airport exit points.
Section 219. The Committee continues a provision
prohibiting the use of funds made available by this Act under
the heading ``Coast Guard--Operating Expenses'' for
recreational vessel expenses, except to the extent fees are
collected from owners of yachts and credited to this
appropriation.
Section 220. The Committee continues a provision
withholding funds provided under the heading ``Coast Guard--
Operating Expenses'', until a future-years capital investment
plan for fiscal years 2017 through 2021 is submitted to the
Committee.
Section 221. The Committee continues a provision allowing
up to $10,000,000 to be reprogrammed to or from ``Coast Guard,
Operating Expenses, Military Pay and Allowances''.
Section 222. The Committee continues a provision that
recovered funds appropriated to ``Coast Guard--Acquisition,
Construction, and Improvements'' in prior years for the 110-123
foot patrol boat conversion that are recovered, shall be
available for the Fast Response Cutter program.
Section 223. The Committee continues a provision allowing
the Secret Service to obligate funds in anticipation of
reimbursement for personnel receiving training.
Section 224. The Committee continues a provision
prohibiting funds made available to the Secret Service for the
protection of the head of a federal agency other than the
Secretary of Homeland Security, except where the Director has
entered into an agreement.
Section 225. The Committee continues a provision limiting
the opening of domestic and international field offices by the
Secret Service.
Section 226. The Committee continues and modifies a
provision allowing for the reprogramming of funds provided
under the heading ``United State's Secret Service--Operations
and Support''.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
Appropriation, fiscal year 2016....................... $1,635,605,000
Budget request, fiscal year 2017...................... 1,588,768,000
Recommended in the bill............................... 1,756,062,000
Bill compared with:
Appropriation, fiscal year 2016..................... +120,457,000
Budget request, fiscal year 2017.................... +167,294,000
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 Committee's recommendation supports the Directorate's
missions of preventing terrorism and enhancing security;
safeguarding and securing cyberspace; and strengthening
national preparedness and resilience. Secure infrastructure is
essential for national security, economic vitality, and public
health and safety.
The Committee notes that the President's budget request
reflected a reorganization of NPPD that has not been
authorized. Therefore, funding for the Office of Biometric
Identity Management (OBIM) totaling $305,536,000 is included in
the recommendation for NPPD, instead of CBP. The Committee will
not support changes to appropriations language until Congress
authorizes the reorganization. Until then, NPPD's leadership is
urged to focus its energy and resources on critical
infrastructure security and resilience efforts that address all
hazards, from terrorism and other criminal activities to
natural disasters and cyber threats.
The Committee notes that NPPD continues to suffer from an
inability to fill key vacancies, but recognizes that the agency
is committing significant resources and effort to improving its
hiring and retention and has made some progress in this regard.
Difficulties remain, however, especially in hiring and
retaining personnel with the requisite cyber skills. Therefore,
the recommendation includes all funding requested for special
cyber pay and bonuses but reduces the request by $5,570,780 and
345 FTE due to the expected underexecution of funding for new
personnel.
The recommended funding level is further reduced below the
request by $132,672,000 due to budget constraints.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2016....................... $1,296,763,000
Budget request, fiscal year 2017...................... 1,147,502,000
Recommended in the bill............................... 1,356,289,000
Bill compared with:
Appropriation, fiscal year 2016..................... +59,526,000
Budget request, fiscal year 2017.................... +208,787,000
Recommendation
The NPPD Operations and Support (O&S) appropriation funds
core operations to enhance the security and resilience of
infrastructure against terrorist attacks, cyber events, natural
disasters, and other large-scale incidents. The O&S
appropriation funds the costs of necessary operations, mission
support, and associated management and administration
activities to execute these programs.
The Committee recommends $1,356,289,000 for Operations and
Support, $208,787,000 above the amount requested and
$59,526,000 above the amount provided in fiscal year 2016. The
increase above the request is primarily due to the continued
funding of OBIM in NPPD.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommendation
------------------------------------------------------------------------
Operations and Support:
Infrastructure Analysis:
Critical Infrastructure $19,889,000 $19,558,000
Technology and
Architecture.............
Cyber and Infrastructure 32,712,000 32,712,000
Analysis.................
Cyber Integration and 28,867,000 26,906,000
Coordination.............
Cyber Readiness and 180,875,000 157,563,000
Response.................
Emergency Communications 4,740,000 4,740,000
Preparedness.............
Cyber and Infrastructure 14,724,000 13,928,000
Awareness and Reporting..
-------------------------------------
Subtotal, 281,807,000 255,407,000
Infrastructure
Analysis.............
Management and Administration. 90,042,000 90,042,000
Infrastructure Capacity
Building:
Critical Infrastructure 9,245,000 8,967,000
Partnerships.............
Critical Cyber 26,423,000 25,666,000
Infrastructure Resilience
Emergency Communications 34,727,000 34,727,000
Preparedness.............
Enhanced Cybersecurity 19,286,000 19,286,000
Services.................
Federal Network Resilience 36,136,000 36,136,000
National Infrastructure 11,560,000 11,432,000
Protection Plan
Management...............
Protective Service 32,290,000 29,382,000
Advisors.................
Sector Specific Agency 25,190,000 24,581,000
Management...............
Stakeholder Engagement and 18,106,000 16,444,000
Requirements.............
Cybersecurity Education, 8,020,000 8,020,000
Outreach, and Awareness..
Vulnerability Assessments. 19,317,000 19,317,000
-------------------------------------
Subtotal, 240,300,000 233,958,000
Infrastructure
Capacity Building....
Protect Infrastructure:
Continuous Diagnostics and 7,830,000 7,830,000
Mitigation...............
Infrastructure Security 77,867,000 72,367,000
Compliance...............
National Cybersecurity 388,787,000 388,787,000
Protective System........
Priority 60,869,000 60,869,000
Telecommunications
Services.................
-------------------------------------
Subtotal, Protect 535,353,000 529,853,000
Infrastructure.......
Biometric Identity Management. - - - 247,029,000
-------------------------------------
Total, Operations and $1,147,502,000 $1,356,289,000
Support..............
------------------------------------------------------------------------
Infrastructure Analysis
The recommendation includes $255,407,000 for Infrastructure
Analysis, $26,400,000 below the amount requested and
$25,193,000 above the amount provided in fiscal year 2016.
The Infrastructure Analysis PPA funds activities that
ensure the security and resilience of critical infrastructure
by assisting security partners with identifying and mitigating
vulnerabilities and assessing the impact of risk management
efforts. Likewise, the PPA ensures decision-makers have a full
understanding of potential impacts from all hazards through
comprehensive consequence analysis during both steady-state and
crisis action. In addition, the PPA funds activities to provide
a situational awareness capability that includes integrated,
actionable information about emerging trends, imminent threats,
and the status of incidents that may impact critical
infrastructure.
While it is important to look at cyber and physical risks
to critical infrastructure holistically, the Committee is
concerned with the operational value that end users receive
from information provided by the Office for Critical
Information and Analysis. In particular, the Committee is
concerned that the office may be focusing too heavily on broad
challenges at the expense of more granular analyses of both
cyber and physical risks. NPPD is directed to brief the
Committees not later than 30 days after the date of enactment
of this Act on how it is addressing this concern.
The Committee recognizes the importance of the National
Cybersecurity and Communications Integration Center (NCCIC) and
strongly supports NPPD's plans to expand its capabilities. Due
to budget constraints, however, NCCIC operations under the
Infrastructure Analysis PPA are funded at $184,885,000, a
reduction of $26,400,000.
Section 404(a) of the Cybersecurity Act of 2015 requires
the Department to ``establish a process by which a Statewide
Interoperability Coordinator may report data on any
cybersecurity risk or incident involving any information system
or network used by emergency response providers.'' The
Committee is aware that from June 2015 through early 2016, NPPD
collaborated with the California Governor's Office of Emergency
Services under a Memorandum of Agreement on a visualization
dashboard enabling near-real-time analysis of public safety
communications call flows into 911 Public Safety Answering
Points (PSAPs).
Further, the Committee notes that the DHS review of this
initial demonstration recommended conducting a multi-state
demonstration for coordination of PSAP data intrusion detection
and intrusion prevention systems and creating a real-time
communications infrastructure monitoring system within the
NCCIC. The Committee directs NPPD to develop a plan for such a
multi-state program demonstration/pilot, and to brief the
Committee on the plan not later than 90 days after the date of
enactment of this Act.
Cyber Readiness and Response. An additional $500,000 is
provided in Cyber Readiness and Response to reflect an updated
cost estimate for the federal contribution to the Multi-State
Information Sharing and Analysis Center.
State governments are a key cybersecurity customer for
NPPD. To most effectively serve state governments, NPPD
requires clearly defined roles and a cohesive model for
exchanging cybersecurity threat, vulnerability, and incident
information with its various state-level partners. Within 120
days of enactment of this Act, NPPD shall brief the Committee
on a plan to maximize the effectiveness of cybersecurity
information sharing with state governments, including
descriptions of current activities; the identification of key
state-level information sharing partners; guidance for states
on how to most effectively participate in NPPD's information
sharing programs; a description of information sharing
limitations; goals and metrics for the timely sharing of
information; and other near-term and strategic steps that NPPD
will undertake to improve the effectiveness of information
sharing. The plan should incorporate feedback from consultation
with representatives of state government entities and other
stakeholders identified in the plan. In particular, the
Committee notes the importance of regulators, fusion centers,
governors, and relevant information sharing and analysis
centers and organizations in improving the cybersecurity of
state governments and critical infrastructure within each
state.
Management and Administration
The Committee recommends $90,042,000 for Management and
Administration, the same as the amount requested and $140,000
below the amount provided in fiscal year 2016.
Infrastructure Capacity Building
The Committee recommends $233,958,000 for Infrastructure
Capacity Building, $6,342,000 below the amount requested and
$12,794,000 below the amount provided in fiscal year 2016.
The Committee recognizes that the country's highly
integrated electrical grid is vulnerable to cyber-attacks and
natural disasters, and it is imperative to fully understand the
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
address these risks and develop comprehensive mitigation
strategies. The Committee directs NPPD to provide semiannual
briefings outlining NPPD's plans to engage private sector
owners and operators in order to better understand and respond
to the full range of critical risks, including details on
current and planned actions to prepare for and protect against
cyber and physical risks to electrical grids and other critical
infrastructure.
While the Committee supports NPPD's mission to protect
critical infrastructure and work with owners and operators, it
questions whether the Protective Security Advisor (PSA) and
Cybersecurity Advisor (CSA) programs sufficiently contribute to
this NPPD mission. The Committee understands that for the
majority of programs, private sector participation is
voluntary, but has received mixed feedback on the quality of
outreach and value the PSA and CSA programs are providing. In
addition, NPPD has been unable to provide the Committee with
detailed metrics on such outreach. To better understand the
value these programs bring to the organization, NPPD is
directed to brief the Committee not later than 30 days after
the date of enactment of this Act on the concerns outlined
above, including metrics used to evaluate both programs.
Protect Infrastructure
The Committee recommends $529,853,000 for Protect
Infrastructure, $5,500,000 below the amount requested and
$17,711,000 above the amount provided in fiscal year 2016. The
recommendation supports the continued deployment of Continuous
Diagnostics and Mitigation (CDM) technology and the National
Cybersecurity Protection System (NCPS), also known as
``EINSTEIN.''
The Committee applauds NPPD's efforts to raise the level of
awareness about explosive chemical precursors that can be used
to manufacture homemade explosives and improvised explosive
devices, and to help manufacturers and distributors take
voluntary steps to ensure these precursors are only sold for
legitimate uses. The Committee also fully supports NPPD's
ongoing effort to develop a more comprehensive approach for
securing explosive precursor chemicals, including but not
limited to ammonium nitrate. In order to work effectively, such
an approach must be tailored precisely to prevent the misuse of
precursors while minimizing the burden on legitimate commerce.
In particular, it must avoid unnecessary requirements that are
inconsistent with or duplicative of the requirements of
regulatory programs of other agencies. The Committee
understands that NPPD expects to develop a specific proposal
for an explosive chemical precursor program, and directs the
agency to brief the Committee on its progress not later than
120 days after the date of enactment of this Act.
Biometric Identity Management
The fiscal year 2017 request proposed the transfer of OBIM
from NPPD to CBP. As noted previously, Congress has not
authorized any reorganization of the Directorate and,
therefore, funding for Biometric Identity Management remains in
NPPD as a new PPA under the Operations and Support
appropriation. The Committee recommends $247,029,000 for
Biometric Identity Management, the same as the amount requested
and $29,556,000 above the amount provided in fiscal year 2016.
Because of concerns that OBIM is not adequately addressing
departmental stakeholder concerns regarding requirements and
priorities, the Committee withholds $122,253,000 from
obligation until a new governance structure is in place that
will ensure stakeholder mission requirements are prioritized as
detailed in Section 301 of the bill. This structure should
include management of and prioritization of requests for all
OBIM services and an executive stakeholder review process.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2016....................... $332,723,000
Budget request, fiscal year 2017...................... 436,797,000
Recommended in the bill............................... 393,304,000
Bill compared with:
Appropriation, fiscal year 2016..................... +60,581,000
Budget request, fiscal year 2017.................... -43,493,000
Recommendation
The Committee recommends $393,304,000 for Procurement,
Construction and Improvements, $43,493,000 below the amount
requested and $60,581,000 above the amount provided in fiscal
year 2016.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommendation
------------------------------------------------------------------------
Procurement, Construction, and
Improvements:
Protect Infrastructure:
Continuous Diagnostics and $266,971,000 $164,971,000
Mitigation...............
National Cybersecurity 81,771,000 81,771,000
Protection Service.......
Priority 88,055,000 88,055,000
Telecommunications
Services.................
-------------------------------------
Subtotal, Protect 436,797,000 334,797,000
Infrastructure...............
Biometric Identity Management..... - - - 58,507,000
-------------------------------------
Total, Procurement, $436,797,000 $393,304,000
Construction and Improvements
------------------------------------------------------------------------
Protect Infrastructure
Continuous Diagnostics and Mitigation. The Committee
supports NPPD's plan to accelerate the deployment of CDM across
the entire civilian federal domain. Given budget constraints
and likely delays in the planned acquisition schedule for CDM
Phase 4, however, the Committee reduces the request for CDM by
$102,000,000. Recognizing the ever-changing cybersecurity
landscape and increased vulnerabilities at the data level, the
Committee agrees with NPPD's program strategy to evolve CDM
beyond network protections to also include data protections.
The Committee urges NPPD to incorporate and accelerate these
new capabilities in Phase 3 and Phase 4 of CDM to the greatest
extent practicable to further enhance protection of high value
digital assets across all federal civilian agencies.
Biometric Identity Management
As noted previously, funding for Biometric Identity
Management remains in NPPD. The recommendation includes
$58,507,000, the amount requested, for planning and acquisition
of Increment 2 of the Homeland Advanced Recognition Technology
(HART) system. The Committee directs OBIM to accelerate the
multi-modal biometric capability Increment 2 will provide and
withholds $29,254,000 from obligation until OBIM briefs the
Committee on plans to accelerate this development.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2016....................... $6,119,000
Budget request, fiscal year 2017...................... 4,469,000
Recommended in the bill............................... 6,469,000
Bill compared with:
Appropriation, fiscal year 2016..................... +350,000
Budget request, fiscal year 2017.................... +2,000,000
Recommendation
The Committee recommends $6,469,000 for Research and
Development, $2,000,000 above the amount requested and $350,000
above the amount provided in fiscal year 2016.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommendation
------------------------------------------------------------------------
Research and Development:
Infrastructure Capacity
Building:
Technology Advancements $2,030,000 $2,030,000
and Innovation...........
Sector Specific Agency 424,000 424,000
Management...............
National Infrastructure 1,215,000 3,215,000
Protection Plan
Management...............
Subtotal, Infrastructure 3,669,000 5,669,000
Capacity Building............
-------------------------------------
Protect Infrastructure:
Infrastructure Security 800,000 800,000
Compliance...................
-------------------------------------
Subtotal, Protect 800,000 800,000
Infrastructure...........
Total, Research and $4,469,000 $6,469,000
Development..................
------------------------------------------------------------------------
Infrastructure Capacity Building
The Committee recommends $5,669,000 for the Infrastructure
Capacity Building PPA, $2,000,000 above the amount requested
and $350,000 above the amount provided in fiscal year 2016.
National Infrastructure Protection Plan Management. The
Committee supports NPPD's efforts to pursue new innovative
technologies for rapid deployment, identify projects to solve
resilient design challenges, develop tools to support
infrastructure investment decisions, and create products that
can aid in detecting malicious activity. Accordingly, of the
amount provided for National Infrastructure Protection Plan
Management, $2,000,000 is designated for the Technology
Development and Deployment Program to define agency needs,
identify requirements for community level critical
infrastructure protection and resilience, and rapidly develop,
test, and transition to use technologies that address these
needs and requirements.
Protect Infrastructure
Infrastructure Security Compliance. The recommendation
includes $800,000 for the Infrastructure Security Compliance
PPA, equal to the amount requested and the amount provided in
fiscal year 2016.
FEDERAL PROTECTIVE SERVICE
Appropriation, fiscal year 2016....................... $1,443,449,000
Budget request, fiscal year 2017...................... 1,451,078,000
Recommended in the bill............................... 1,451,078,000
Bill compared with:
Appropriation, fiscal year 2016..................... +7,629,000
Budget request, fiscal year 2017.................... - - -
Recommendation
The Committee recommends $1,451,078,000 for the Federal
Protective Service (FPS), the same as the amount requested and
$7,629,000 above the amount provided in fiscal year 2016. This
amount is fully offset by fees collected from FPS customer
agencies.
The Secretary and the Director of OMB shall certify in
writing to the Committees, not later than 60 days after the
date of enactment of this Act, that the operations of FPS will
be fully funded in fiscal year 2017 through the collection of
security fees. Should insufficient fee revenue be collected to
fully fund operations, an expenditure plan is required
describing how security risks will be adequately addressed.
Within this recommended funding level, FPS shall align staffing
resources with mission requirements.
Federal Emergency Management Agency
Appropriation, fiscal year 2016....................... $11,329,447,000
Budget request, fiscal year 2017...................... 10,829,589,000
Recommended in the bill............................... 11,414,551,000
Bill compared with:
Appropriation, fiscal year 2016..................... +85,104,000
Budget request, fiscal year 2017.................... +584,962,000
Note: Totals include funding designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Mission
The Federal Emergency Management Agency (FEMA) helps build,
sustain, and improve the nation's capability to prepare for,
protect against, respond to, recover from, and mitigate all
hazards through disaster response and recovery programs and
grant programs supporting first responders, emergency
management, mitigation activities, and preparedness.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2016....................... $801,109,000
Budget request, fiscal year 2017...................... 927,524,000
Recommended in the bill............................... 936,291,000
Bill compared with:
Appropriation, fiscal year 2016..................... +135,182,000
Budget request, fiscal year 2017.................... +8,767,000
Recommendation
The Committee recommends $936,291,000 for Operations and
Support, $8,767,000 above the amount requested and $135,182,000
above the amount provided in fiscal year 2016. The increase
above fiscal year 2016 is primarily attributable to a
realignment of funding for steady-state operational activities
to this account from the Disaster Relief Fund (DRF). Apart from
this realignment, the increase above the fiscal year 2016 level
is $32,388,000, and consists primarily of inflationary
adjustments, the increased costs of leases, replacement of
tactical communications equipment, and increased funding for
response and recovery activities.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Operations and Support:
Management and Administration. $447,794,000 $447,794,000
Integrated Operations......... 182,256,000 182,256,000
Mitigation.................... 10,614,000 10,614,000
Preparedness and Protection... 49,674,000 49,674,000
Response and Recovery......... 237,186,000 245,953,000
-------------------------------------
Total, Operations and $927,524,000 $936,291,000
Support..................
------------------------------------------------------------------------
Management and Administration
The Committee recommends $447,794,000 for Management and
Administration, the same as the amount requested and
$94,660,000 above the amount provided in fiscal year 2016. In
House Report 114-215, the Committee expressed a concern that
certain disaster response capability expenses were being
charged to the DRF, even though they did not support response
and recovery costs associated with particular disasters or
emergencies. As a result, Congress directed FEMA to realign
these expenses as part of its fiscal year 2017 budget request
from the DRF to FEMA's steady-state operations account.
Consistent with the budget request, the recommendation reflects
the transfer of $102,794,000 from the DRF to the Operations and
Support appropriation.
FEMA utilizes or supports many geospatial information
systems (GIS) technologies for response, planning, and
mitigation. The Committee recognizes that GIS can provide
critical information to first responders but also represents a
vast amount of data that can complicate response efforts,
particularly for federal, state, and local governments with
inadequate access to GIS solutions. FEMA should work with
federal, state, and local partners to integrate GIS platforms
to better inform disaster response, government acquisition of
GIS technologies, and improve the quality of GIS tools
available to first responders.
According to a recent audit by the DHS OIG (OIG-16-10),
FEMA's Emergency Operations Center (EOC) is not electronically
interconnected with state EOCs, relying instead on an
inefficient manual process that can cause delays in providing
disaster assistance. The Committee expects FEMA to implement
policies, procedures, and activities necessary to improve
interconnectedness between FEMA and state EOCs, and directs
FEMA to report on its progress not later than 180 days after
the date of enactment of this Act.
The Emergency Alert System (EAS) is a cooperative
arrangement among the Federal Communications Commission (FCC),
FEMA, the National Weather Service, and the states that is used
to communicate with the American public during a national
emergency. FEMA provides direction and assistance for state and
local emergency management officials to develop, implement, and
maintain their EAS structure. The Committee is concerned that
the EAS does not adequately serve vulnerable groups, including
the elderly, the disabled, those with special needs, and
limited English proficiency populations. FEMA is directed to
work with its partners to improve the capabilities of the EAS
to more effectively serve these populations.
Integrated Operations
The Committee recommends $182,256,000 for Integrated
Operations, the same as the amount requested and $16,061,000
above the amount provided in fiscal year 2016. The
recommendation includes the funds requested for replacement
lease costs for regional offices.
Mitigation
The Committee recommends $10,614,000 for Mitigation, the
same as the amount requested and $71,000 below the amount
provided in fiscal year 2016.
In 2015, FEMA released a State Mitigation Plan Review
Guide, which went into effect in early 2016. Maintaining a
state mitigation plan, which must be updated every five years,
is one of the conditions of eligibility for certain FEMA
assistance, such as Public Assistance Categories C-G and Hazard
Mitigation Assistance. The Committee notes that while FEMA
approval is required for mitigation plans, states maintain
discretion for prioritizing how the risk and vulnerability
associated with hazard events will be identified and addressed.
Mitigation funds made available to states pursuant to the
Robert T. Stafford disaster Relief and Emergency Assistance Act
should be used for projects that will substantially reduce the
risk of damage, hardship, loss, or suffering, as well as costs
to the American taxpayer, in a future disaster. The Committee
is aware of concerns that states may not be giving appropriate
consideration to disaster mitigation projects proposed by
counties when developing state mitigation plans that inform the
allocation of post-disaster mitigation grants, or when
submitting applications for pre-disaster mitigation grants to
FEMA. Within 90 days of the date of enactment of this Act, FEMA
shall brief the Committee on guidance it provides to states on
the incorporation of local mitigation projects into state
mitigation plans and applications for pre-disaster mitigation
grants. The briefing should address, among other things,
whether FEMA guidance supports appropriate consideration of
local mitigation projects that benefit large population
centers.
The Committee remains concerned about the adequacy of
protective structures in tornado-prone areas of the country.
Based on studies by the National Institute of Standards and
Technology, model codes requiring community safe rooms for new
school buildings and facilities associated with schools where
people regularly assemble have been improved in recent years.
Such changes may be insufficient, however, in light of the
devastating storms and tornadoes that have ripped through
Arkansas, Oklahoma, Kansas, and most recently the southern
states, which have resulted in a tragic loss of human lives and
caused millions of dollars in property damage. As part of its
efforts to improve the resiliency of structures, the Committee
recommends that FEMA consider the adoption of uniform national
guidelines for safe room design and construction, as well as a
requirement that safe rooms be incorporated into the design and
construction of federally-funded structures located in areas
prone to severe weather and hazards.
Preparedness and Protection
The Committee recommends $49,674,000 for Preparedness and
Protection, the same as the amount requested and $966,000 above
the amount provided in fiscal year 2016.
Response and Recovery
The Committee recommends $245,953,000 for Response and
Recovery, $8,767,000 above the amount requested and $23,566,000
above the amount provided in fiscal year 2016. Within the
recommendation is $36,280,000 for the Urban Search and Rescue
Response System (USAR), $8,767,000 above the request and
$1,100,000 above the amount provided in fiscal year 2016, to
continue to support the 28 USAR Task Forces and ensure new
teams are uniformly equipped.
FEMA is directed to assess the feasibility and costs of
establishing national veterinary professional emergency teams,
which would deploy with USAR teams to assist with veterinary
care of search and rescue canines, locating and treating
companion animals and livestock, and other related response and
recovery efforts. This assessment should include the impact on
service hours of canine teams and how these veterinary teams
would be integrated into response activities. FEMA shall brief
the Committee on its assessment not later than 180 days after
the date of enactment of this Act.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2016....................... $43,300,000
Budget request, fiscal year 2017...................... 35,273,000
Recommended in the bill............................... 35,273,000
Bill compared with:
Appropriation, fiscal year 2016..................... -8,027,000
Budget request, fiscal year 2017.................... - - -
Recommendation
The Committee recommends $35,273,000 for Procurement,
Construction, and Improvements, the same as the amount
requested and $8,027,000 below the amount provided in fiscal
year 2016.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Procurement, Construction, and
Improvements:
Response and Recovery......... $11,423,000 $11,423,000
Preparedness and Protection... 23,850,000 23,850,000
-------------------------------------
Total, Procurement, $35,273,000 $35,273,000
Construction, and
Improvements.............
------------------------------------------------------------------------
Response and Recovery
As requested, the Committee recommends $11,423,000 for
Response and Recovery, $77,000 below the amount provided in
fiscal year 2016. The recommendation for Response and Recovery
provides funds to support the Grants Systems Management
Modernization initiative.
Preparedness and Protection
As requested, the Committee recommends $23,850,000 for
Preparedness and Protection, $7,950,000 below the amount
provided in fiscal year 2016. The recommendation includes
$15,500,000 for the Mount Weather Emergency Operations Center
facility, a reduction of $12,000,000 below fiscal year 2016 due
to a decrease in costs for land and structures associated with
the completion of scheduled projects; an increase of $4,050,000
for facility upgrades at the Center for Domestic Preparedness;
$2,800,000 for the Integrated Public Alert and Warning System;
and $1,500,000 for the National Emergency Training Center. Not
later than 60 days after the date of enactment of this Act,
FEMA shall provide an updated capital infrastructure investment
plan for fiscal year 2016 through fiscal year 2021, consistent
with the direction in House Report 114-215.
FEDERAL ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2016....................... $10,485,038,000
Budget request, fiscal year 2017...................... 9,866,792,000
Recommended in the bill............................... 10,442,987,000
Bill compared with:
Appropriation, fiscal year 2016..................... -42,051,000
Budget request, fiscal year 2017.................... +576,195,000
(Note: Totals include funding designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985.)
Recommendation
The Committee recommends $10,442,987,000 for Federal
Assistance, $576,195,000 above the amount requested and
$42,051,000 below the amount provided in fiscal year 2016. The
recommendation for Federal Assistance includes funding for the
Disaster Relief Fund (DRF) and the National Flood Insurance
Fund (NFIF), which were requested under separate
appropriations.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Federal Assistance:
Disaster Relief Fund:
Base Disaster Relief...... $639,515,000 $639,515,000
Major Disasters (BCA Cap). 6,709,000,000 6,709,000,000
-------------------------------------
Subtotal, Disaster 7,348,515,000 7,348,515,000
Relief Fund..........
(transfer to DHS OIG). -24,000,000 -24,000,000
-------------------------------------
Subtotal, Disaster 7,324,515,000 7,324,515,000
Relief Fund (net)....
Management and Administration:
Mitigation................ 14,274,000 14,274,000
Preparedness and 96,682,000 96,682,000
Protection...............
-------------------------------------
Subtotal, Management 110,956,000 110,956,000
and Administration...
Mitigation:
National Predisaster 54,485,000 54,485,000
Mitigation Fund..........
Flood Hazard Mapping and 177,531,000 177,531,000
Risk Analysis............
National Flood Insurance
Fund:
Flood Plain Management 168,363,000 168,363,000
and Flood Mapping....
Flood Management and 13,436,000 13,436,000
Insurance Operations.
-------------------------------------
Subtotal, National 181,799,000 181,799,000
Flood Insurance Fund.
Offsetting Fee -181,799,000 -181,799,000
Collections..........
-------------------------------------
Subtotal, Mitigation (net) 232,016,000 232,016,000
Preparedness and Protection:
Grants and Training:
State and Local Grants:
State Homeland 200,000,000 467,000,000
Security Grant
Program..............
(Operation - - - (55,000,000)
Stonegarden).........
Urban Area Security 330,000,000 600,000,000
Initiative...............
(Nonprofit Security) - - - (20,000,000)
Public Transportation 85,000,000 100,000,000
and Railroad Security
Assistance...............
(Amtrak Security)... - - - (10,000,000)
Port Security Grant 93,000,000 100,000,000
Program..................
CVE/Complex Coordinated 49,000,000 49,000,000
Terrorist Attacks........
Regional Competitive 100,000,000 - - -
Grant Program............
-------------------------------------
Subtotal, State and 857,000,000 1,316,000,000
Local Grants.........
Assistance to 335,000,000 345,000,000
Firefighter Grants.......
Staffing for Adequate 335,000,000 345,000,000
Fire and Emergency
Response Grants..........
Emergency Management 350,000,000 350,000,000
Performance Grants.......
Education, Training, and
Exercises:
National Exercise 19,911,000 19,919,000
Program..............
Emergency Management 19,643,000 20,569,000
Institute............
Center for Domestic 63,939,000 64,991,000
Preparedness.........
National Domestic 36,000,000 98,000,000
Preparedness
Consortium...........
Continuing Training... 18,000,000 29,521,000
-------------------------------------
Subtotal, Education, 157,493,000 233,000,000
Training, and
Exercises............
-------------------------------------
Subtotal, Grants and 2,034,493,000 2,589,000,000
Training.............
United States Fire 40,812,000 42,500,000
Administration...........
-------------------------------------
Subtotal, Preparedness 2,075,305,000 2,631,500,000
and Protection.......
Response and Recovery:
Emergency Food and Shelter 100,000,000 120,000,000
-------------------------------------
Subtotal, Response and 100,000,000 120,000,000
Recovery.................
-------------------------------------
Total, Federal Assistance......... 9,866,792,000 10,442,987,000
(transfer to DHS OIG)............. -24,000,000 -24,000,000
-------------------------------------
Total, Federal Assistance (net)... $9,842,792,000 $10,418,987,000
------------------------------------------------------------------------
Disaster Relief Fund
The Committee recommends a total of $7,348,515,000 for the
DRF, including $6,709,000,000 that 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, the bill
transfers $24,000,000 to the DHS OIG for audits and
investigations related to disasters. A general provision is
included in title V of this Act that rescinds $770,700,000 from
amounts provided for non-major disaster programs in prior years
due to the significant balances anticipated to be carried over
from fiscal year 2016 into fiscal year 2017 and amounts
recovered from previous disasters during project closeouts.
The Committee continues statutory requirements for annual
and monthly DRF reporting. While prior year statutory
requirements directing the posting of Public Assistance grants
and mission assignments are not continued, the Committee
expects FEMA to post such information to the Agency's website
in the same manner as directed in Public Law 114-4.
The Committee notes that section 306 of the FEMA Disaster
Assistance Reform Act of 2015 (H.R. 1471), which the House
passed on February 29, 2016, would provide the FEMA
Administrator with the authority to waive debts owed to the
United States for disaster assistance, if such assistance was
distributed based on an error by FEMA; there was no fault on
the part of the debtor; the collection of the debt would be
against equity and good conscience; and the debt does not
involve fraud, the presentation of a false claim, or
misrepresentation by the debtor or any party having an interest
in the claim.
To help improve clarity and transparency in the disaster
declaration process, the Committee directs FEMA to
electronically publish the following data for all individual
assistance requests: the requesting state or tribal nation; the
state or tribe's population; the number of impacted homes, by
county, categorized as either destroyed, major, minor, or
affected; average income level by county; the percent of
residences insured within affected counties; non-federal
resources made available; and the FEMA region to which the
request was originally referred.
Currently, Public Assistance grants help cover sand, salt,
equipment, and operational costs incurred during severe storm
events in cases of record or near-record snowfalls. Events such
as ice storms, however, often put a significant strain on state
and municipal resources, especially those in rural areas, and
should be given adequate consideration in determining the need
for assistance. The Committee encourages FEMA to continue
working with its state partners on developing emergency
assistance criteria that take into consideration the impacts of
both ice and snow events.
Management and Administration
The Committee recommends $110,956,000 for Management and
Administration, the same as the amount requested and $6,889,000
below the amount provided in fiscal year 2016. Within this
amount, $14,274,000 is for Mitigation, including support for
the National Earthquake Hazard Reduction Program and the
National Dam Safety Program, and $96,682,000 is for
Preparedness and Protection, including an increase of
$1,000,000, as requested, to continue Joint Counter Terrorism
Awareness Workshops in fiscal year 2017.
Mitigation
The Committee recommends $232,016,000 for Mitigation, the
same as the amount requested and $57,984,000 below the amount
provided in fiscal year 2016.
National Predisaster Mitigation Fund. Within the
recommendation is $54,485,000 for the National Predisaster
Mitigation Fund (PDM), as requested. In addition to the
recommendation, FEMA projects to have more than $50,000,000 in
carryover funding available in fiscal year 2017 from prior year
appropriations. PDM grants are one of the only sources of
federal mitigation funding for communities prior to a disaster.
It has been repeatedly demonstrated that these types of
investments lead to significant savings by mitigating risks,
reducing damage from future disasters, and lowering flood
insurance premiums.
Flood Hazard Mapping and Risk Analysis. The recommendation
includes $177,531,000 for Flood Hazard Mapping and Risk
Analysis, the same as the amount requested and $12,469,000
below amount provided in fiscal year 2016. With the additional
$168,363,000 available for flood plain management and mapping
activities within the National Flood Insurance Fund (NFIF), the
combined amount available for flood mapping activities in
fiscal year 2017 is equal to the comparable fiscal year 2016
level.
The U.S. Geological Survey (USGS) is leading the 3D
Elevation Program (3DEP), a collaborative initiative to
systematically collect accurate elevation data nationwide. FEMA
is a key partner in 3DEP, and uses this elevation data to
ensure flood maps accurately delineate the flood plain and
provide more accurate assessments and understanding of flood
risk. The Committee encourages FEMA to continue to support this
critical effort.
FEMA is directed to allocate flood map funding to assist
local governments and cooperating technical partners in
acquiring the data collection tools necessary to produce
accurate, local data that meets FEMA's standards for use in the
agency's modeling processes to re-map local jurisdictions.
FEMA's data collection and modeling processes must be
transparent from beginning to end and involve the active
participation of local jurisdictions to ensure maps accurately
reflect local conditions and minimize costs to local
communities.
National Flood Insurance Fund. The Committee recommends
$13,436,000 for salaries and expenses associated with flood
management and $168,363,000 for flood plain management and
flood mapping, as requested. Flood mitigation funds are
available until September 30, 2018, and are offset by premium
collections. In addition, the bill establishes obligation
limitations on the use of mandatory National Flood Insurance
Program (NFIP) collections, including $175,061,000 for flood-
mitigation and flood mitigation assistance grants and
$5,000,000 for the Office of the Flood Insurance Advocate
(OFIA).
The Committee continues to support OFIA and encourages the
Advocate to assist policy holders in accessing resources to
validate applicable premium rates as FEMA establishes the
rating criteria for all NFIP policies. The Advocate is also
encouraged to aid potential policy holders under the NFIP in
obtaining and verifying accurate and reliable flood insurance
rate information when purchasing or renewing a flood insurance
policy, as directed in the Homeowner Flood Insurance
Affordability Act of 2014 (42 U.S.C. 4033(b)(5)).
Following Hurricane Sandy, FEMA faced litigation alleging
fraudulent and questionable activity within the NFIP, primarily
allegations of fraudulent and questionable contract engineering
practices that led to the underpayment of claims. In response,
FEMA established a task force to review claims and pay
policyholders any money owed and, to date, has paid more than
$220,000,000 in claims. FEMA is additionally implementing
reforms within NFIP to ensure better oversight of Write Your
Own (WYO) insurance companies and improve customer service. Not
later than 60 days after the date of enactment of this Act,
FEMA is directed to brief the Committees on its progress in
implementing reforms to the NFIP, including its progress in
implementing recommendations by the Office of Inspector General
(OIG-16-47) and the status of complying with section 100224 of
Public Law 112-141 (the Biggert-Waters Flood Insurance Reform
Act of 2012), concerning appropriate expense reimbursement for
WYO companies.
When providing directives or guidelines to WYO companies
regarding the adjustment and payment of claims, the Committee
affirms the imperative that FEMA apply certain core operating
principles to ensure uniformity and consistency in the payment
of claims from federal funds. Further, the Committee notes that
FEMA must consistently apply and enforce statutory and
regulatory NFIP requirements, and must ensure that standards
for the payment of claims are objective, auditable, and
transparent. The Committee directs FEMA to report on its
efforts to achieve the foregoing objectives not later than
December 31, 2017.
The Committee believes that FEMA should continue to provide
resources for a more robust and timely Community Rating System
(CRS) nationwide program. Therefore, the Committee urges FEMA
to support institutions of higher education, not-for-profit
organizations, and other entities with expertise in floodplain
management and disaster risk management that can provide direct
technical assistance to communities to develop and prepare CRS
applications.
Flood Insurance Rate Maps (FIRMs) are the basis for
establishing the floodplain management responsibilities of
communities participating in the CRS program and for
determining which properties require flood insurance coverage
as a condition of receiving a mortgage from a federally
regulated or insured lender. The Committee is aware that, as
FEMA updates FIRMs across the country, it requests
documentation from local communities and levee sponsors to
demonstrate that levees meet or continue to meet the regulatory
criteria for accreditation. According to a November 2014
Memorandum of Understanding between FEMA and the U.S. Army
Corps of Engineers (USACE), levee inspection reports by USACE
may satisfy certain criteria for FEMA accreditation. FEMA is
directed to work with closely USACE to share information
related to levee accreditation and avoid imposing unnecessary
costs on levee sponsors or surrounding communities.
The Committee notes that FEMA has established one risk
premium rate table under the NFIP that applies to all post-FIRM
structures in AE and A1-30 zones across the United States. The
Committee directs FEMA to investigate the cost and feasibility
of revising and expanding this table to reflect the differences
in risk between properties located in coastal areas and
properties located inland, and report back to the Committee not
later than 180 days after the date of enactment of this Act.
In many communities, particularly in coastal areas, there
are often a relatively small number of high-value homes
existing alongside far more modest homes and businesses that
have been present for decades, with a commensurate disparity in
household income and financial resources. The Committee is
aware of concerns that the use of micro-simulation models in
determining eligibility for NFIP vouchers would result in
skewed assumptions regarding average home values and incomes of
NFIP policy holders, resulting in the disqualification of some
homeowners who truly need the vouchers. As a means to address
affordability of the NFIP, it is critical that accurate data be
used in determining eligibility for and distribution of
vouchers. For the forthcoming statutorily mandated
affordability framework in which vouchers are being considered,
FEMA is directed to collaborate with the Department of Housing
and Urban Development (HUD) and the U.S. Census Bureau to use
actual data on home values and household income instead of
simply relying on micro-simulation modeling.
Preparedness and Protection
The Committee recommends $2,631,500,000 for Preparedness
and Protection, $556,195,000 above the amount requested and
$49,000,000 above the amount provided in fiscal year 2016.
State and Local Grants. The Committee recommends
$1,316,000,000 for State and Local Grants, $459,000,000 above
the amount requested and $49,000,000 above the amount provided
in fiscal year 2016. The Committee is alarmed by the
Administration's proposed drastic cuts to FEMA's preparedness
grant programs, which are integral to the safety and security
of the American public. Due to resource constraints, the
recommendation does not include the funds requested for a new
Regional Competitive Grant Program.
In fiscal year 2016, Congress appropriated $49,000,000 for
countering violent extremism (CVE) and preparing for complex,
coordinated, terrorist attacks (CCTA)--initiatives that were
not part of the initial budget request. This funding was
provided with two-year availability to enable DHS and FEMA to
develop comprehensive execution plans to ensure the benefits of
this investment could be effectively leveraged to reach the
greatest number of communities and have a longterm, sustaining
impact. The Committee is concerned, however, that DHS is
rapidly charging ahead to execute funds provided for CVE
without developing and articulating a clear strategy and
evaluation framework, or understanding how the initiative will
complement other CVE efforts within the Department and across
the federal government. The recommendation includes $49,000,000
for FEMA for CCTA/CVE, but directs the Department to defer
additional investments in CVE during fiscal year 2017 until it
can rigorously demonstrate how federal CVE investments are
aligned with the DHS mission and can result in effective
strategies that can be broadly applied to prevent
radicalization. The Committee further notes that the activities
funded through these grants are also eligible expenses under
the State Homeland Security Grant Program and the Urban Areas
Security Initiative (UASI).
Within the funds available for the State Homeland Security
Grant Program, the Committee recommends $55,000,000 for
Operation Stonegarden grants, which should be awarded and
administered consistent with direction in prior year reports.
As part of the fiscal year 2018 budget request, FEMA shall
include performance measures for Operation Stonegarden that
clearly demonstrate the extent to which funding for the program
can be tied to progress in achieving program goals, along with
estimates for how proposed funding would contribute to
additional progress. These performance measures should be
consistent with 31 U.S.C. 1116 and should include outcome
measures, as defined by 31 U.S.C. 1115(h).
In accordance with the 9/11 Act, at least 25 percent of
funds allocated to the State Homeland Security Grant Program
and UASI shall be used for Law Enforcement Terrorism Prevention
activities. In addition, consistent with fiscal year 2016, the
Department shall limit UASI funding to urban areas representing
up to 85 percent of the national urban area risk. FEMA is
directed to use the most current data available to determine
the relative risk score for UASI grants and encourages the
Secretary of Homeland Security, in conducting vulnerability and
threat assessments of metropolitan statistical areas, to take
into consideration increases in average daily population
resulting from high levels of tourism.
The Implementing Recommendations of the 9/11 Commission Act
of 2007 requires the Administrator of FEMA to conduct an annual
assessment of the relative threat, vulnerabilities, and
consequences from acts of terrorism faced by each of the 100
most populous metropolitan statistical areas (MSA) in the U.S.
Based on this assessment, the Administrator designates high-
risk urban areas that are eligible for UASI grants. While the
factors included in this assessment are defined in statute, the
specific criteria that inform these factors and the methodology
used to carry out the assessment are at the discretion of the
Secretary and the Administrator, who review them on an annual
basis. The Committee is aware of the Secretary's commitment to
conduct a thorough review of the methodology and criteria used
to support the assessment and designation of high risk urban
areas, and includes language in the bill requiring the
Secretary to submit a classified report on the assessment of
the relative threat, vulnerability, and consequences from acts
of terrorism faced by each MSA. The Committee expects this
report will reflect any changes, as appropriate, resulting from
the Secretary's review, and that the assessment outlined in the
report will be applied to the risk determinations for urban
areas eligible for UASI grants.
The Committee notes that technologies that provide an
alternative means of emergency evacuation from schools and
other public buildings are considered an eligible expense under
the State Homeland Security and UASI grant programs.
To support the upcoming transition to the National Public
Safety Broadband Network, FEMA is encouraged to ensure the
authorized equipment list includes Land Mobile Radio and Long
Term Evolution capable equipment and systems that allow radio
users to carry a single converged device.
The Committee notes that, beginning with the fiscal year
2015 grant cycle, FEMA extended the period of performance for
preparedness grants from 24 months to 36 months to ensure that
grantees have sufficient time to expend their funding and to
reduce the administrative burden associated with waiver
requests.
Firefighter Assistance Grants. The Committee recommends
$690,000,000 for firefighter assistance grants, of which
$345,000,000 is for the Assistance to Firefighters Grant
program for firefighter equipment, training, vehicles and other
resources, and $345,000,000 is for firefighter jobs under the
Staffing for Adequate Fire and Emergency Response program. The
total amount is $20,000,000 above the request and the same as
the amount provided in fiscal year 2016. 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 current
costs.
Today, crude-by-rail communities and their first responders
lack the equipment, training, and operational support they need
to meet the public safety challenges posed by derailments. FEMA
is encouraged to give high priority consideration to grants
providing for planning, training, and equipment to firefighters
for crude oil-by-rail and ethanol-by-rail derailment and
incident response to help meet the needs of our most vulnerable
communities and first responders.
Emergency Management Performance Grants. The Committee
recommends $350,000,000 for Emergency Management Performance
Grants (EMPG), the same amount as requested and as provided in
fiscal year 2016. The Committee continues to encourage FEMA to
work with grantees to post on the Agency's website the specific
amount of EMPG funding awarded to each grantee and subgrantee,
identified by jurisdiction or organization. Further, FEMA and
the states are encouraged to work together to ensure states are
not overly burdened with administrative requirements.
Education, Training, and Exercises. The Committee
recommends $233,000,000 for Education, Training, and Exercises,
equal to the fiscal year 2016 level, $75,507,000 above the
amount requested, and for the same purposes as provided in
fiscal year 2016. Continuing Training funding supports training
related to: crisis management for school-based incidents; mass
fatality planning and response; the development of emergency
operations plans, including interagency communications and
coordination and response planning for individuals with access
and functional needs; rail car safety, particularly for the
transportation of crude oil and other hazardous materials;
media engagement strategies for first responders; agro-
terrorism; food and animal safety; and environmental health and
hazardous materials incidents. Within the total, FEMA shall
prioritize funding of not less than $5,000,000, to be
competitively awarded, for FEMA-certified rural and tribal
training. Special emphasis should be given to filling rural
training gaps identified in the National Needs Assessment that
was completed in 2015.
United States Fire Administration. The Committee recommends
$42,500,000 for the United States Fire Administration,
$1,688,000 above the amount requested and the same as the
amount provided in fiscal year 2016. In addition to the
recommendation, $1,500,000 is included under Procurement,
Construction, and Improvements for National Fire Academy
facility costs.
Response and Recovery
The Committee recommends $120,000,000 for Response and
Recovery, $20,000,000 above the amount requested and the same
as the amount provided in fiscal year 2016, to support the
Emergency Food and Shelter National Board Program (EFSP). The
fiscal year 2017 President's budget yet again requested the
authority to transfer EFSP from FEMA to HUD instead of simply
proposing funding for the program directly through the HUD
budget. In addition, the Administration has not submitted a
plan for transitioning the program from FEMA to HUD, as
required by the fiscal year 2016 DHS Appropriations Act. Absent
submission of a full transition plan informed by comprehensive
stakeholder outreach, the Committee does not recommend
transferring funds or administrative authority for EFSP to HUD.
Title III--Administrative Provisions
Section 301. The Committee includes a provision restricting
obligations until a plan for modernizing the biometric identity
management system is submitted.
Section 302. The Committee continues a provision limiting
expenses for administration of FEMA grants.
Section 303. The Committee continues a provision specifying
timeframes for FEMA grant applications and awards.
Section 304. The Committee continues a provision that
addresses the availability of certain FEMA grant funds for the
installation of communications towers.
Section 305. The Committee continues a provision that
requires FEMA grantees to provide reports on the use of funds
at the discretion of the Secretary.
Section 306. The Committee continues a provision that
authorizes the use of funds for certain purposes pertaining to
FEMA training facilities.
Section 307. The Committee continues a provision that
requires the submission of a monthly DRF report.
Section 308. The Committee continues a provision regarding
the availability of National Flood Insurance Fund revenue.
Section 309. The Committee continues a provision that
requires five day advance notification for certain grant awards
under ``FEMA--Federal Assistance''.
Section 310. The Committee continues a provision
prohibiting the use of funds for the National Preparedness
Grant Program or any successor grant program unless authorized
by Congress.
Section 311. The Committee continues a provision allowing
reimbursements for the costs of providing humanitarian relief
to unaccompanied alien children and to alien adults and their
minor children to be an eligible use for certain Homeland
Security grants.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
Appropriation, fiscal year 2016....................... $119,671,000
Budget request, fiscal year 2017...................... 129,139,000
Recommended in the bill............................... 119,139,000
Bill compared with:
Appropriation, fiscal year 2016..................... -532,000
Budget request, fiscal year 2017.................... -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 customers, and promote an awareness and understanding of
citizenship in support of immigrant integration, while
protecting the integrity of the nation's immigration system.
Funded primarily through fees, the only discretionary spending
is for the E-Verify program, an information technology system
that enables employers to determine a job applicant's
eligibility to work in the United States.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2016....................... $107,001,000
Budget request, fiscal year 2017...................... 103,912,000
Recommended in the bill............................... 103,912,000
Bill compared with:
Appropriation, fiscal year 2016..................... -3,089,000
Budget request, fiscal year 2017.................... - - -
Recommendation
The Committee recommends $103,912,000 in discretionary
funding for Operations and Support, the same as the amount
requested and $3,089,000 below the amount provided in fiscal
year 2016.
An administrative provision is included in title IV of this
bill directing that none of the fees collected, including any
deposits into the Immigration Examinations Fee Account, may be
obligated to expand the existing Deferred Action for Childhood
Arrivals program or the proposed Deferred Action for Parents of
Americans and Lawful Permanent Residents program, as outlined
in a memorandum signed November 20, 2014, by the Secretary of
Homeland Security, while the preliminary injunctive order of
the United States District Court for the Southern District of
Texas entered February 16, 2015, in the matter of the State of
Texas v. United States of America remains in effect.
From within the total fee revenue collected, the Committee
directs USCIS to provide not less than $29,000,000 to continue
conversion of immigration records to digital format.
The Committee directs DHS to administer the H-2B and H-2A
programs in a manner consistent with the law and to continue
processing applications.
The Committee is aware of concerns about the admission of
H-2A workers into the United States who have been found to be
in violation of the terms or conditions of a prior admission
under the H-2A program. USCIS regulations maintain that foreign
nationals found to be in violation of H-2A terms and conditions
must be barred from participating in the program for five
years. USCIS is directed to brief the Committee, jointly with
CBP and ICE, on the enforcement of 8 CFR Part 214.2(5)(viii),
related to violations of H-2A status, including the number of
workers found to be in violation over the last five years, by
category of violation; mechanisms in place to ensure that
barred workers are not readmitted within a five-year period; a
description of any exceptions to the five-year bar; and the
number of workers admitted into the United States, if any,
under such exceptions.
The Committee remains concerned about fraudulent
applications for immigration benefits, including allegations of
fraud related to Special Immigration Juvenile (SIJ) petitions,
Asylum petitions, and O-1B and O-2 visa petitions. To address
this concern, USCIS shall brief the Committee within 90 days of
the date of enactment of this Act on its framework for
prioritizing Immigration Benefit Fraud Assessments, including
the agency's plan for conducting assessments in fiscal year
2017. The briefing should also address how the SIJ, Asylum, O-
1B, O-2, and other programs are currently applying fraud
prevention and detection techniques, including data on the
number of fraudulent petitions identified during the past three
fiscal years for each program, and assess whether additional
fraud identification and prevention measures are needed.
The Committee strongly supports the efforts of the
Monitoring and Compliance Division to ensure the appropriate
use of E-Verify, and is aware that USCIS intends to finalize an
independent review of E-Verify's accuracy and implement the
Final Non-Confirmation (FNC) review process for E-Verify before
the end of fiscal year 2016. USCIS is directed to include in
its budget justification materials for fiscal year 2018, the
amount obligated for the Monitoring and Compliance Division
during the prior year, the amount estimated for the current
year, and the amount proposed for the budget year. The
Committee also notes the agency's continuing verification
modernization efforts, which will facilitate future growth and
accuracy in E-Verify use, and directs USCIS to keep the
Committee apprised of its plans and timelines for system
improvements.
The Committee looks forward to receiving the results of the
GAO report directed by House Report 114-215 on the
effectiveness of the Systematic Alien Verification for
Entitlements (SAVE) system. The Committee expects USCIS to
continue vigorous oversight of SAVE's use by agencies through
audits and ongoing monitoring.
Recognizing the special needs of victims of human
trafficking and other crimes, the Committee encourages USCIS to
find additional efficiencies to accelerate the processing of T-
visas and U-visas.
Under the Freedom of Information Act (FOIA), federal
agencies must respond within 20 working days of receiving a
document request, with the possibility of a 10-day extension.
According to USCIS, its National Records Center (NRC) has a
backlog of 31,000 requests beyond the 20 day limit and
experiences a growth in requests of approximately 10 to 15
percent each year.
The vast majority of USCIS information exists only in hard
copy and includes potentially sensitive personally identifiable
information that must be redacted prior to release, making it
difficult to improve response times. In addition, most
requested documents are part of active files, requiring field
offices to transfer such reports to the NRC for scanning and
processing.
USCIS reports that it is taking multiple steps to address
the backlog and decrease response times for FOIA responses
during fiscal year 2016, including increasing staff by 21
percent; working 43,000 overtime hours; exploring the use of
greater automation in the FOIA process; and improving training
for new personnel. The Committee expects USCIS to provide
regular updates on its progress to improve the FOIA process and
reduce response time.
The Committee continues to encourage USCIS to add a
question related to the National Park System to the civics test
administered during the naturalization process during the next
regularly scheduled review of the examination.
The Committee directs USCIS to continue to work with local
public and private groups to hold naturalization and oath of
allegiance ceremonies as part of community Independence Day
celebrations. In addition, the Committee encourages USCIS to
review internal policies that limit its ability to use fee
revenue to make small grants and to provide agency employee
support to local community groups that would otherwise be
financially unable to host such ceremonies.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2016....................... $12,670,000
Budget request, fiscal year 2017...................... 15,227,000
Recommended in the bill............................... 15,227,000
Bill compared with:
Appropriation, fiscal year 2016..................... +2,557,000
Budget request, fiscal year 2017.................... - - -
The Committee recommends $15,227,000 in discretionary
funding for Procurement, Construction, and Improvements, the
same as the request and $2,557,000 above fiscal year 2016.
FEDERAL ASSISTANCE
Appropriation, fiscal year 2016....................... - - -
Budget request, fiscal year 2017...................... $10,000,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... -10,000,000
In lieu of a discretionary appropriation for the
Citizenship and Integration Grant Program, and consistent with
prior years, an administrative provision is included at the end
of title IV to permit USCIS to obligate not more than
$10,000,000 from user fee revenue to support grants to benefit
individuals who are lawfully admitted into the United States.
In addition to the fee revenue made available for this purpose,
the Department has the authority to accept private donations to
support activities that promote citizenship and integration. To
facilitate the acceptance and use of such donations by USCIS,
the bill establishes a Treasury account for that purpose.
Federal Law Enforcement Training Center
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.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2016....................... $245,038,000
Budget request, fiscal year 2017...................... 242,518,000
Recommended in the bill............................... 242,518,000
Bill compared with:
Appropriation, fiscal year 2016..................... -2,520,000
Budget request, fiscal year 2017.................... - - -
Recommendation
The Committee recommends $242,518,000 for Operations and
Support, the same amount requested and $2,520,000 below the
amount provided in fiscal year 2016. The Committee strongly
supports FLETC's initiative to incorporate data-driven
decision-making into its core business processes and directs
FLETC to provide semi-annual updates on this ongoing
initiative.
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
provides fiscal advantages, leveraging economies of scale and
shared resources. The Committee supports continued and expanded
training efforts at FLETC to leverage its unique capabilities
in support of the missions of its law enforcement training
participants, and expects federal law enforcement agencies to
utilize FLETC programs and facilities to the greatest extent
practicable. To maximize the efficiency of training delivery,
however, the Committee encourages FLETC to continue
collaborating with regional training centers to support the
training needs of frontline law enforcement and other
preparedness personnel.
The Committee is aware of FLETC's ongoing work to test and
evaluate active shooter response technologies, as well as work
in this area being conducted by the Science and Technology
Directorate's Counter Terrorism Technology Evaluation Center
(CTTEC). The Committee encourages FLETC and CTTEC to coordinate
the testing and evaluation of this technology, including an
assessment of improvements in response times and situational
awareness and, if deemed beneficial, how the technology could
be efficiently integrated into federal, state, and local law
enforcement training programs and be leveraged among federal,
state, and local law enforcement agencies.
FLETC is encouraged to conduct a review of the
classification, pay, and fringe benefits of its workforce and
to recommend to Congress 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.
Science and Technology
Appropriation, fiscal year 2016....................... $786,938,000
Budget request, fiscal year 2017...................... 758,743,000
Recommended in the bill............................... 767,382,000
Bill compared with:
Appropriation, fiscal year 2016..................... -19,556,000
Budget request, fiscal year 2017.................... +8,639,000
Mission
The mission of the Science and Technology Directorate (S&T)
is to conduct and support research, development, developmental
and operational testing and evaluation, and the timely
transition of homeland security capabilities to federal, state,
and local operational end users.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2016....................... $272,492,000
Budget request, fiscal year 2017...................... 278,733,000
Recommended in the bill............................... 278,733,000
Bill compared with:
Appropriation, fiscal year 2016..................... +6,241,000
Budget request, fiscal year 2017.................... - - -
Recommendation
The Committee recommends $278,733,000 for Operations and
Support, the same as the amount requested and $6,241,000 above
the amount provided in fiscal year 2016.
The Committee recommends that $189,690,000 remain available
until September 30, 2019, of which $133,942,000 is for
Laboratory Facilities and $55,748,000 is for Acquisition and
Operations Analysis. This three years of funding availability
is consistent with the period of availability for these
purposes in prior years. In the future, however, the Committee
intends to transition all Operations and Support appropriations
across the Department to a single year of availability, with
very limited exceptions for sub-appropriation amounts when
additional flexibility is fully justified. S&T should attempt
to obligate all of its Operations and Support funding during
fiscal year 2017, and should budget for fiscal year 2018 under
an assumption of a single year of availability of funds.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Operations and Support:
Management and Administration. $89,043,000 $89,043,000
Laboratory Facilities......... 133,942,000 133,942,000
Acquisition and Operations 55,748,000 55,748,000
Analysis.....................
-------------------------------------
Total, Operations and $278,733,000 $278,733,000
Support..................
------------------------------------------------------------------------
Management and Administration
The Committee recommends $89,043,000 for Management and
Administration, the same as the amount requested and $3,311,000
below the amount provided in fiscal year 2016.
Laboratory Facilities
The Committee recommends $133,942,000 for Laboratory
Facilities, the same as the amount requested and $8,530,000
above the amount provided in fiscal year 2016. The
recommendation includes the funds requested to support
operational stand-up efforts at the National Bio- and Agro-
defense Facility (NBAF) and bio-containment waste management
activities at Plum Island Animal Disease Center. S&T is
expected to keep the Committee informed on its plans regarding
whether NBAF will be government- or contractor-operated.
Acquisition and Operations Analysis
The Committee recommends $55,748,000 for Acquisition and
Operations Analysis, the same as the amount requested and
$1,022,000 above the amount provided in fiscal year 2016.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2016....................... $17,942,000
Budget request, fiscal year 2017...................... 10,141,000
Recommended in the bill............................... 10,141,000
Bill compared with:
Appropriation, fiscal year 2016..................... -7,801,000
Budget request, fiscal year 2017.................... - - -
Recommendation
The Committee recommends $10,141,000 for Procurement,
Construction, and Improvements, the same as the amount
requested and $7,801,000 below the amount provided in fiscal
year 2016, for Acquisition and Operations Analysis activities,
including operational and developmental test and evaluation
activities across the DHS acquisition enterprise. As requested,
no funds are included for Laboratory Facilities, as S&T has no
planned capital improvements in fiscal year 2017.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2016....................... $496,504,000
Budget request, fiscal year 2017...................... 469,869,000
Recommended in the bill............................... 478,508,000
Bill compared with:
Appropriation, fiscal year 2016..................... -17,996,000
Budget request, fiscal year 2017.................... +8,639,000
Recommendation
The Committee recommends $478,508,000 for Research and
Development, $8,639,000 above the amount requested and
$17,996,000 below the amount provided in fiscal year 2016.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Research and Development:
Research, Development, and $436,860,000 $436,860,000
Innovation...................
University Programs:
Centers of Excellence..... 27,689,000 36,328,000
Minority Serving 3,396,000 3,396,000
Institutions.............
UP Salaries and Benefits.. 1,924,000 1,924,000
-------------------------------------
Subtotal, University 33,009,000 41,648,000
Programs.............
-------------------------------------
Total, Research and $469,869,000 $478,508,000
Development..................
------------------------------------------------------------------------
Research, Development, and Innovation
The Committee recommends $436,860,000 for Research,
Development, and Innovation (RD&I), the same as the amount
requested and $18,023,000 below the amount provided in fiscal
year 2016. S&T is directed to brief the Committee not later
than 30 days after the date of enactment of this Act on the
proposed allocation of RD&I funds by project and thrust area,
and to provide quarterly status briefings on the plan and any
changes from the original allocation.
The Committee has long urged S&T to establish a formalized
process for identifying, validating, and prioritizing
technological capability gaps of DHS components, as well as
ensuring that component-level R&D activities complement but do
not duplicate S&T activities. The Committee is encouraged by
the reconstitution of the Integrated Product Team (IPT)
process, which centralizes awareness and prioritization of R&D
activities across the Department and involves participation by
senior departmental leadership. To ensure this process remains
viable through future leadership changes, the Department is
directed to institutionalize the IPT process through a DHS
Management Directive establishing repeatable processes that
directly link S&T projects to component-identified and
validated technological capability gaps.
In addition to institutionalizing the IPT process, the
Committee expects S&T to continue to develop and improve its
capability to track all S&T-funded projects and activities,
including how each project addresses a specific priority or
capability gap. S&T is directed to brief the Committee, not
later than 30 days after the date of enactment of this Act, on
the progress made in tracking projects and activities across
S&T and, whenever feasible, through their transition to
components.
The Committee remains concerned by the absence of progress
in the development of a next generation BioWatch system and
supports efforts by S&T to develop bioassays for high priority
threat agents, as well as to test and evaluate new solutions.
The Committee is aware of ongoing work by the Department of
Defense (DOD), including significant testing and evaluation
conducted by the Joint Program Executive Office for Chemical
and Biological Defense on biological identification systems.
The Committee expects S&T to leverage existing testing and
evaluation by DOD, including but not limited to real-time
detection technology that has been tested with live agents.
The Committee is aware of new developments in the field of
canine detection, including the potential for detection of
biological threats, and encourages S&T to continue to conduct
research to improve and validate canine detection capabilities.
The Committee encourages S&T to consider expanding efforts
to identify, develop, test, and evaluate counterterrorism
technologies that could help address security vulnerabilities
of mass transit, passenger rail systems, and air cargo
inspection, including volumetric computer tomography x-rays.
The Committee recognizes the importance of the resilience
and security of the nation's critical infrastructure--both
physical and cyber--to national security and economic vitality.
S&T is encouraged to support R&D and education initiatives to
strengthen these efforts in a collaborative, interdisciplinary
manner that leverages the private sector, academic
institutions, industry, and other federal government
organizations, including the National Science Foundation's
Cyber Scholars program.
The Committee supports innovation encouraged by S&T's Cyber
Security Division, including the Transition to Practice program
that takes advantage of existing research to support robust
cyber tools nationwide and the new Silicon Valley Office aimed
at cultivating a pipeline for non-traditional technology
partners.
Not later than 90 days after the date of enactment of this
Act, S&T shall brief the Committee on the use of technology
accelerators piloted by S&T, including accelerators focused on
cybersecurity, critical infrastructure, and first responders,
to expedite the adoption of commercial technologies for use by
the Department's operational components. The briefing shall
address how S&T ensures these efforts are aligned with
operational requirements.
The Committee supports S&T's efforts to develop, promote,
and transfer open source software and other open technologies,
including activities conducted through the DHS Homeland Open
Security Technology (HOST) program and associated activities.
The Committee encourages DHS to further explore the use of
modeling and simulation to provide cost-effective tools for
training, planning, and other homeland security missions.
S&T and the Coast Guard are encouraged to continue existing
partnerships with museums and schools on oceanographic programs
that support science, technology, engineering, and math
education.
The Committee is disappointed that DHS has not yet
completed and begun to implement a plan to provide public
access to publications based on research it funds, in
accordance with the guidance issued by the Office of Science
and Technology Policy (OSTP). While progress has been made in
selecting a repository through which to access these
publications, S&T is still in the process of gathering
requirements from components across the Department that fund
work that results in publication. The Committee expects the
Department to work expeditiously to finalize its plan for
access to research publications, including notifying the
Committee when the plan is submitted to OSTP for approval.
University Programs
The Committee recommends $41,648,000 for University
Programs, including $36,328,000 for the Centers of Excellence
(COE). The recommendation restores the proposed cuts to
University Programs to ensure S&T's ability to maintain 10
COEs. The Committee is aware of S&T's plans to competitively
award three COEs with new focus areas in fiscal years 2016 and
2017 to replace existing research areas supported by COEs with
periods of performance expiring at the end of fiscal year 2016.
The Committee expects S&T will consider past performance in
award decisions for the new COEs.
Chemical, Biological, Radiological, Nuclear, and Explosives Office
Appropriation, fiscal year 2016\1\.................... - - -
Budget request, fiscal year 2017...................... $501,445,000
Recommended in the bill............................... 503,945,000
Bill compared with:
Appropriation, fiscal year 2016..................... +503,945,000
Budget request, fiscal year 2017.................... +2,500,000
\1\Funding for corresponding fiscal year 2016 activities was provided
under the headings ``Office of Health Affairs''; ``Domestic Nuclear
Detection Office''; ``Science and Technology Directorate''; ``National
Protection and Programs Directorate''; and ``Office of the Secretary
and Executive Management.''
Mission
The mission of the Chemical, Biological, Radiological,
Nuclear, and Explosives Office (CBRNE) is to coordinate,
strengthen, and provide strategy, policy, situational
awareness, periodic threat and risk assessments, and
contingency planning related to chemical, biological,
radiological, nuclear, and explosive threats in support of
homeland security.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2016\1\.................... - - -
Budget request, fiscal year 2017...................... $180,033,000
Recommended in the bill............................... 182,533,000
Bill compared with:
Appropriation, fiscal year 2016..................... +182,533,000
Budget request, fiscal year 2017.................... +2,500,000
\1\Funding for corresponding fiscal year 2016 activities totaling
$172,416,000 was provided under the headings ``Office of Health
Affairs''; ``Domestic Nuclear Detection Office''; ``Science and
Technology Directorate''; and ``Office of the Secretary and Executive
Management.''
Recommendation
The Committee recommends $182,533,000 for Operations and
Support, $2,500,000 above the amount requested.
As proposed in the President's budget and consistent with
the Department of Homeland Security CBRNE Defense Act of 2015
(H.R. 3875), which the House passed on December 10, 2015, the
recommendation reflects the proposed consolidation of the
Office of Health Affairs (OHA); the Domestic Nuclear Detection
Office (DNDO); the CBRNE threat awareness and risk assessment
activities of the Science and Technology Directorate; the CBRNE
functions of the Office of Policy and the Office of Operations
Coordination; and the Office of Bombing Prevention from NPPD.
The Committee recommends that $20,552,000 remain available
until September 30, 2019, for programs and operations in
support of the detection, forensics, and prevention of
radiological and nuclear threats, and $120,420,000 remain
available until September 30, 2018, for programs and operations
in support of the surveillance, detection, and response to
chemical, biological, and emerging infectious disease threats.
This funding availability is consistent with the period of
availability for these purposes in prior years. In the future,
however, the Committee intends to transition all Operations and
Support appropriations across the Department to a single year
of availability, with very limited exceptions for sub-
appropriation amounts when additional flexibility is fully
justified. The CBRNE Office should attempt to obligate all of
its Operations and Support funding during fiscal year 2017, and
should budget for fiscal year 2018 under an assumption of a
single year of availability of funds.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Operations and Support:
Chemical, Biological, and
Emerging Infectious Diseases
Capability:
Chemical and Biological $94,862,000 $94,862,000
Capability...............
Health and Emerging 9,951,000 9,951,000
Infectious Diseases......
Integrated Operations..... 13,107,000 15,607,000
-------------------------------------
Subtotal, Chemical, 117,920,000 120,420,000
Biological, and
Emerging Infectious
Diseases Capability..
Rad/Nuc Detection, Forensics, 20,552,000 20,552,000
and Prevention Capability....
Management and Administration. 41,561,000 41,561,000
-------------------------------------
Total, Operations and Support. $180,033,000 $182,533,000
------------------------------------------------------------------------
Chemical, Biological, and Emerging Infectious Diseases Capability
The Committee recommends $120,420,000 for Chemical,
Biological, and Emerging Infectious Diseases Capability,
$2,500,000 above the amount requested. These additional funds
are intended to support the operationalization of successful
pilot programs of the National Biosurveillance Integration
Center or other high priority or emerging requirements. The
Committee has been encouraged by NBIC's efforts to pilot
programs that employ novel data sets and information, advanced
analytic approaches and tools, and improved methods of
collaboration.
As requested, the recommendation includes $1,000,000 to
continue the replacement and recapitalization of current
generation BioWatch equipment. The Committee is concerned with
recent GAO reports and the Blue Ribbon Study Panel for
Biodefense regarding the effectiveness of BioWatch. Two years
after the cancellation of BioWatch Gen-3, it does not appear
that DHS has made any progress in determining the next steps
for this program. The CBRNE Office and S&T must more clearly
articulate future technology requirements for the program to
the private sector and innovators who are being called upon to
help address those needs.
The Committee continues to support the development of an
anthrax vaccination program for first responders using vaccines
from the Strategic National Stockpile, and is aware of the
Department's efforts to begin implementation of a pilot by the
end of fiscal year 2017. The Committee expects the fiscal year
2018 budget submission will identify the necessary resources to
conduct the pilot. Not later than 60 days after the date of
enactment of this Act, the CBRNE Office is directed to brief
the Committee on the timeline and implementation plan for the
anthrax vaccine pilot.
Radiological and Nuclear Detection, Forensics, and Prevention
Capability
The Committee recommends $20,552,000 for Radiological and
Nuclear Detection, Forensics, and Prevention Capability, as
requested.
Management and Administration
The Committee recommends $41,561,000 for Management and
Administration, as requested.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2016\1\.................... - - -
Budget request, fiscal year 2017...................... $103,860,000
Recommended in the bill............................... 103,860,000
Bill compared with:
Appropriation, fiscal year 2016..................... +103,860,000
Budget request, fiscal year 2017.................... - - -
\1\Funding for corresponding fiscal year 2016 activities totaling
$90,866,000 was provided under the heading ``Domestic Nuclear
Detection Office.''
Recommendation
The Committee recommends $103,860,000 for Procurement,
Construction, and Improvements, as requested. Within this
amount is $53,709,000 for acquisition of large scale radiation
and nuclear detection systems, including radiation portal
monitors (RPMs), and $48,644,000 for acquisition of Human
Portable Radiation Detection Systems.
The Committee is aware of the Department's ongoing efforts
to determine a path forward for the replacement of the existing
fleet of aging RPMs through the RPM Replacement Program, and
the planned expansion of this effort to include
recapitalization of this equipment. The Committee directs the
CBRNE Office, in coordination with CBP, to provide a briefing
on the RPM recapitalization and modernization strategy not
later than 60 days after the date of enactment of this Act.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2016\1\.................... - - -
Budget request, fiscal year 2017...................... $151,605,000
Recommended in the bill............................... 151,605,000
Bill compared with:
Appropriation, fiscal year 2016..................... +151,605,000
Budget request, fiscal year 2017.................... - - -
\1\Funding for corresponding fiscal year 2016 activities totaling
$156,899,000 was provided under the heading ``Domestic Nuclear
Detection Office.''
Recommendation
The Committee recommends $151,605,000 for Research and
Development.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Research and Development:
Rad/Nuc Detection, Forensics,
and Prevention Capability:
Transformational Research $64,771,000 $64,771,000
and Development..........
Detection Capability 21,536,000 21,536,000
Development..............
Detection Capability 44,722,000 44,722,000
Assessments..............
Nuclear Forensics......... 20,576,000 20,576,000
-------------------------------------
Subtotal, Rad/Nuc 151,605,000 151,605,000
Detection, Forensics,
and Prevention
Capability...........
-------------------------------------
Total, Research and $151,605,000 $151,605,000
Development..........
------------------------------------------------------------------------
FEDERAL ASSISTANCE
Appropriation, fiscal year 2016\1\.................... - - -
Budget request, fiscal year 2017...................... $65,947,000
Recommended in the bill............................... 65,947,000
Bill compared with:
Appropriation, fiscal year 2016..................... +65,947,000
Budget request, fiscal year 2017.................... - - -
\1\Funding for corresponding fiscal year 2016 activities totaling
$66,514,000 was provided under the headings ``Domestic Nuclear
Detection Office'' and ``National Protection and Programs
Directorate.''
Recommendation
As requested, the Committee recommends $65,947,000 for
Federal Assistance, of which $14,263,000 is for Bombing
Prevention and $51,684,000 is for Radiological and Nuclear
Detection, Forensics, and Prevention Capability, including
$21,135,000 for the Securing the Cities program.
Title IV--Administrative Provisions
Section 401. The Committee continues a provision allowing
USCIS to acquire, operate, equip, and dispose of up to five
vehicles under certain scenarios.
Section 402. The Committee continues a provision
prohibiting USCIS from granting immigration benefits unless the
results of background checks are completed prior to the
granting of the benefit and the results do not preclude the
granting of the benefit.
Section 403. The Committee includes a provision prohibiting
funds to expand or implement certain deferred action programs
while the injunctive order of Civ. No. B-14-254 remains in
effect.
Section 404. The Committee continues a provision limiting
the use of A-76 competitions by USCIS.
Section 405. The Committee continues a provision making
immigration examination fee collections explicitly available
for immigrant integration grants, not to exceed $10,000,000, in
fiscal year 2017 and allowing for donations.
Section 406. The Committee continues a provision
authorizing FLETC to distribute funds for incurred training
accreditation expenses.
Section 407. The Committee continues a provision
authorizing FLETC to obligate funds in anticipation of
reimbursements for training, except total obligation shall not
exceed budgetary resources available at the end of the fiscal
year.
Section 408. The Committee continues and modifies a
provision authorizing FLETC to accept transfers and
reimbursements from agencies for ongoing maintenance, minor
facility improvements, and related expenses.
Section 409. The Committee continues and modifies a
provision amending section 1202(a) of Public Law 107-206.
Section 410. The Committee continues a provision directing
the Director of FLETC to ensure FLETC training facilities are
operated at capacity throughout the fiscal year.
Section 411. The Committee continues a provision directing
the FLETC Accreditation Board to lead the Federal law
enforcement training accreditation process to measure and
assess federal law enforcement training programs, facilities,
and instructors.
Section 412. The Committee includes a new provision
establishing a ``Federal Law Enforcement Training Center--
Procurement, Construction, and Improvements'' appropriation
account, and allowing for the acceptance of transfers and
reimbursements from government agencies into this
appropriation.
Section 413. The Committee continues a provision
classifying FLETC instructor staff as inherently governmental
for certain considerations.
TITLE V--GENERAL PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
Section 501. The Committee continues a provision limiting
the availability of appropriations to one year unless otherwise
expressly provided.
Section 502. The Committee continues a provision providing
that unexpended balances of prior year appropriations may be
merged with new appropriation accounts and used for the same
purpose, subject to reprogramming guidelines.
Section 503. The Committee continues and modifies a
provision limiting reprogramming authority for funds within an
appropriation, and providing authority to transfer not more
than 5 percent between appropriations accounts, with a
requirement for a 30-day advance notification to the Committees
on Appropriations. 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, 2017. In addition, 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 should include a detailed table showing the proposed
revisions at the account, program, project, and activity level
to the funding and FTE levels for the current fiscal year and
the levels requested in the President's budget for the
following fiscal year.
The Department shall manage its programs and activities
within the levels appropriated, and should only submit
reprogramming or transfer requests in cases of unforeseeable
and compelling circumstances that could not have been predicted
when formulating the budget request for the current fiscal
year. When the Department submits a reprogramming or transfer
notification to the Committees and does not receive identical
responses from the House and the Senate, it is expected to
reconcile the House and the Senate differences before
proceeding.
The Department is not to submit a reprogramming or transfer
of funds after June 30 except in extraordinary circumstances
that imminently threaten the safety of human life or the
protection of property. If a reprogramming or transfer is
needed after June 30, the notice should contain sufficient
documentation as to why it meets this statutory exception.
Deobligated funds are also subject to the reprogramming and
transfer guidelines and requirements set forth in this section.
The Secretary is permitted to transfer up to $20,000,000 to
address immigration emergencies.
Section 504. The Committee continues a provision that
prohibits the use of 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 2017 request; makes funds
provided to the WCF available until expended; requires that
charges to DHS components be commensurate with their direct
usage of the WCF; limits the use of WCF funds to purposes
consistent with the contributing component; requires any funds
paid in advance or reimbursed to reflect the full cost of each
service; and subjects the WCF to the requirements of section
503 of this Act.
Section 505. The Committee continues and modifies a
provision providing that not to exceed 50 percent of
unobligated balances from prior year appropriationsfor
Operations and Support or Operating Expenses shall remain
available through fiscal year 2018 subject to section 503
reprogramming requirements.
Section 506. The Committee continues a provision deeming
that funds for intelligence activities are authorized during
fiscal year 2017 until the enactment legislation that authorize
intelligence activities for fiscal year 2017.
Section 507. The Committee continues a provision 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
multiyear funds, is announced by the Department, including
contracts covered by the Federal Acquisition Regulation.
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 regarding
the oath of allegiance required by section 337 of the
Immigration and Nationality Act.
Section 513. The Committee continues a provision by
reference that prohibits funding for any position designated as
a Principal Federal Official during a Stafford Act declared
disaster or emergency.
Section 514. The Committee continues a provision relating
to S&T's use of other transactional authority through fiscal
year 2017.
Section 515. The Committee continues and modifies a
provision that requires the Secretary to notify the Congress
within two business days of any request for a waiver for the
transport of oil from and to the Strategic Petroleum Reserve.
Section 516. The Committee continues a provision related to
the importation of prescription drugs by an individual for
personal use.
Section 517. The Committee continues a provision
prohibiting funds for planning, testing, piloting, or
developing a national identification card.
Section 518. 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 that
authority unless expressly authorized to do so in this Act.
Section 519. The Committee continues a provision
prohibiting the use of funds for the transfer or release of
specified individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Section 520. The Committee continues a provision
prohibiting funds in this Act to be used for first-class
travel.
Section 521. 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 522. 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 523. 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 524. 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 525. The Committee continues and modifies a
provision providing $41,215,000 for Financial Systems
Modernization efforts across the Department.
Section 526. The Committee continues a provision requiring
the Secretary to enforce existing immigration laws.
Section 527. The Committee continues a provision regarding
restrictions on electronic access to pornography, except for
necessary law enforcement purposes.
Section 528. The Committee continues a provision regarding
the transfer of firearms by federal law enforcement personnel.
Section 529. The Committee continues a provision regarding
funding restrictions and reporting requirements related to
conferences occurring outside of the United States.
Section 530. The Committee continues a provision
prohibiting the reimbursement of funds to any federal
department or agency for its participation in an NSSE.
Section 531. The Committee continues and modifies a
provision regarding the availability of COBRA fee revenue.
Section 532. The Committee continues a provision directing
a notification to Congress, including specified justification
materials, prior to implementing any structural pay reform that
affects more than 100 FTE employee positions or costs more than
$5,000,000.
Section 533. The Committee continues a provision requiring
DHS to post Committee-required reports on a DHS public website
under certain circumstances.
Section 534. The Committee continues a provision
prohibiting the collection of new land border fees or the study
of the imposition of such fees.
Section 535. The Committee continues and modifies a
provision directing that the DHS fiscal year 2018 budget
request and accompanying justification material be reorganized
to follow a common appropriation structure, as specified.
Section 536. The Committee continues a provision related to
the Arms Trade Treaty.
Section 537. The Committee continues and modifies a
provision that allows CBP access to certain reimbursements for
preclearance activities.
Section 538. The Committee includes a new provision
regarding the obligation of funds in the common appropriations
structure.
Section 539. The Committee continues a provision related to
the official travel costs of the Department's Secretary and the
Deputy Secretary.
Section 540. The Committee continues a provision
prohibiting funds from being used by DHS to approve, license,
facilitate, authorize, or allow the trafficking or import of
property confiscated by the Cuban Government.
Section 541. The Committee includes a new provision
withholding funds from specified accounts until certain fiscal
year 2018 budget justification materials are provided to the
Committees in accordance with House Report 114-215.
Section 542. The Committee includes a new provision
authorizing minor procurement, construction, and improvements
under ``Operations and Support'' appropriations, as specified.
Section 543. The Committee continues a provision providing
for the receipt and expenditure of fees collected for the REPP,
as authorized by Public Law 105-276.
Section 544. The Committee includes a provision amending
section 118 of the Treasury and General Government
Appropriations Act, 2001, related to the overtime pay for
Secret Service agents.
Section 545. The Committee includes a provision directing
the Secretary to submit a report on ICE detention costs.
Section 546. The Committee includes a provision directing
the Secretary to submit a classified report, at the time of the
President's fiscal year 2018 budget proposal submission, on the
relative threats, vulnerabilities, and consequences from
terrorist acts in eligible metropolitan areas, as required in
section 2003 of Public Law 110-53.
Section 547. The Committee includes language prohibiting
ICE from paying for abortions except in certain circumstances.
Section 548. The Committee includes language prohibiting
ICE from requiring any person to perform an abortion.
Section 549. The Committee includes language to clarify
ICE's obligation to provide escort services outside the
detention facility.
Section 550. The Committee includes language authorizing
CBP to receive reimbursement for the full cost of up to five
CBP officers at up to five airports.
Section 551. The Committee includes language prohibiting
the release from custody any alien described in the Priority 1
or Priority 2 category in the memorandum from the Secretary of
Homeland Security dated November 20, 2014.
Section 552. The Committee includes a provision that amends
8 U.S.C. 1184(g)(9)(A).
Section 553. The Committee continues and modifies a
provision rescinding unobligated balances from specified
programs.
Section 554. The Committee continues and modifies a
provision rescinding specified funds from the Treasury
Forfeiture Fund.
Section 555. The Committee continues and modifies a
provision rescinding unobligated balances from the FEMA DRF.
Section 556. The Committee includes a provision specifying
the amount by which new budget authority in the bill is less
than the fiscal year 2017 budget allocation.
APPROPRIATIONS CAN BE USED ONLY FOR THE PURPOSES FOR WHICH MADE
Title 31 of the United States Code makes clear that
appropriations can be used only for the purposes for which they
were appropriated as follows:
Section 1301. Application.
(a) Appropriations shall be applied only to the objects for
which the appropriations were made except as otherwise provided
by law.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
The following items are included in accordance with various
requirements of the Rules of the House of Representatives.
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 109-88............................................$95,000,000
Prior Year Funds, CBP, BSFIT..................................55,000,000
Public Law 114-4, ICE Custody Operations......................45,000,000
Public Law 114-113, TSA, Aviation Security....................12,200,000
Public Law 113-6, Coast Guard, AC&I........................... 4,200,000
Public Law 113-76, Coast Guard, AC&I..........................19,300,000
Public Law 114-4, Coast Guard, AC&I...........................16,500,000
Treasury Asset Forfeiture Fund...............................187,000,000
FEMA Disaster Relief Fund (70-X-0702)........................770,700,000
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 Account to be made Account
----------------------------------------------------------------------------------------------------------------
Office of Inspector General................... $24,000,000 FEMA-Federal Assistance, $24,000,000
Disaster Relief Fund.
----------------------------------------------------------------------------------------------------------------
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 and existing law in which no change
is proposed is shown in roman):
PUBLIC LAW 113-76
* * * * * * *
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2014
* * * * * * *
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS OF FUNDS)
* * * * * * *
Sec. 559. (a) In General.--In addition to existing
authorities, the Commissioner of U.S. Customs and Border
Protection, in collaboration with the Administrator of General
Services, is authorized to conduct a pilot program in
accordance with this section to permit U.S. Customs and Border
Protection to enter into partnerships with private sector and
government entities at ports of entry for certain services and
to accept certain donations.
(b) Rule of Construction.--Except as otherwise provided in
this section, nothing in this section may be construed as
affecting in any manner the responsibilities, duties, or
authorities of U.S. Customs and Border Protection or the
General Services Administration.
(c) Duration.--The pilot program described in subsection (a)
shall be for five years. A partnership entered into during such
pilot program may last as long as required to meet the terms of
such partnership. At the end of such five year period, the
Commissioner may request that such pilot program be made
permanent.
(d) Coordination.--
(1) In general.--The Commissioner, in consultation
with participating private sector and government
entities in a partnership under subsection (a), shall
provide the Administrator with information relating to
U.S. Customs and Border Protection's requirements for
new facilities or upgrades to existing facilities at
land ports of entry.
(2) Criteria.--The Commissioner and the Administrator
shall establish criteria for entering into a
partnership under subsection (a) that include the
following:
(A) Selection and evaluation of potential
partners.
(B) Identification and documentation of roles
and responsibilities between U.S. Customs and
Border Protection, General Services
Administration, and private and government
partners.
(C) Identification, allocation, and
management of explicit and implicit risks of
partnering between U.S. Customs and Border
Protection, General Services Administration,
and private and government partners.
(D) Decision-making and dispute resolution
processes in partnering arrangements.
(E) Criteria and processes for U.S. Customs
and Border Protection and General Services
Administration to terminate agreements if
private or government partners are not meeting
the terms of such a partnership, including the
security standards established by U.S. Customs
and Border Protection.
(3) Evaluation plan.--The Commissioner, in
collaboration with the Administrator, shall submit to
the Committee on Homeland Security, the Committee on
Transportation and Infrastructure, and the Committee on
Appropriations of the House of Representatives and the
Committee on Homeland Security and Governmental
Affairs, the Committee on Environment and Public Works,
and the Committee on Appropriations of the Senate, an
evaluation plan for the pilot program described in
subsection (a) that includes the following:
(A) Well-defined, clear, and measurable
objectives.
(B) Performance criteria or standards for
determining the performance of such pilot
program.
(C) Clearly articulated evaluation
methodology, including--
(i) sound sampling methods;
(ii) a determination of appropriate
sample size for the evaluation design;
(iii) a strategy for tracking such
pilot program's performance; and
(iv) an evaluation of the final
results.
(D) A plan detailing the type and source of
data necessary to evaluate such pilot program,
methods for data collection, and the timing and
frequency of data collection.
(e) Authority to Enter Into Agreements for the Provision of
Certain Services at Ports of Entry.--
(1) In general.--Notwithstanding section 13031(e) of
the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(e)) and section 451 of the Tariff
Act of 1930 (19 U.S.C. 1451), the Commissioner may,
during the pilot program described in subsection (a)
and upon the request of a private sector or government
entity with which U.S. Customs and Border Protection
has entered into a partnership, enter into a
reimbursable fee agreement with such entity under
which--
(A) U.S. Customs and Border Protection will
provide services described in paragraph (2) at
a port of entry;
(B) such entity will pay a fee imposed under
paragraph (4) to reimburse U.S. Customs and
Border Protection for the costs incurred in
providing such services; and
(C) each facility at which U.S. Customs and
Border Protection services are performed shall
be provided, maintained, and equipped by such
entity, without cost to the Federal Government,
in accordance with U.S. Customs and Border
Protection specifications.
(2) Services described.--Services described in this
paragraph are any activities of any employee or
contractor of U.S. Customs and Border Protection
pertaining to customs, agricultural processing, border
security, and immigration inspection-related matters at
ports of entry.
(3) Limitations.--
(A) Impacts of services.--The Commissioner
may not enter into a reimbursable fee agreement
under this subsection if such agreement would
unduly and permanently impact services funded
in this or any other appropriations Act, or
provided from any account in the Treasury of
the United States derived by the collection of
fees.
(B) For certain costs.--The authority found
in this subsection may not be used at U.S.
Customs and Border Protection-serviced air
ports of entry to enter into reimbursable fee
agreements for costs other than payment of
overtime and the salaries, trainingand benefits
of individuals employed by U.S. Customs
andBorder Protection to support U.S. Customs
and Border Protectionofficers in performing law
enforcement functions at portsof entry,
including primary and secondary processing of
passengers.
(C) The authority found in this subsection
may not be used to enter into new preclearance
agreements or begin to provide U.S. Customs and
Border Protection services outside of the
United States.
[(D) The authority found in this subsection
shall be limited with respect to U.S. Customs
and Border Protection-serviced air ports of
entry to 10 pilots per year.]
(4) Fee.--
(A) In general.--The amount of the fee to be
charged pursuant to an agreement authorized
under paragraph (1) shall be paid by each
private sector and government entity requesting
U.S. Customs and Border Protection services,
and shall include the salaries and expenses of
individuals employed by U.S. Customs and Border
Protection to provide such services and other
costs incurred by U.S. Customs and Border
Protection relating to such services, such as
temporary placement or permanent relocation of
such individuals.
(B) Oversight of fees.--The Commissioner
shall develop a process to oversee the
activities reimbursed by the fees charged
pursuant to an agreement authorized under
paragraph (1) that includes the following:
(i) A determination and report on the
full costs of providing services,
including direct and indirect costs,
including a process for increasing such
fees as necessary.
(ii) Establishment of a monthly
remittance schedule to reimburse
appropriations.
(iii) Identification of overtime
costs to be reimbursed by such fees.
(5) Deposit of funds.--Funds collected pursuant to
any agreement entered into under paragraph (1) shall be
deposited as offsetting collections and remain
available until expended, without fiscal year
limitation, and shall directly reimburse each
appropriation for the amount paid out of that
appropriation for any expenses incurred by U.S. Customs
and Border Protection in providing U.S. Customs and
Border Protection services and any other costs incurred
by U.S. Customs and Border Protection relating to such
services.
(6) Termination.--The Commissioner shall terminate
the provision of services pursuant to an agreement
entered into under paragraph (1) with a private sector
or government entity that, after receiving notice from
the Commissioner that a fee imposed under paragraph (4)
is due, fails to pay such fee in a timely manner. In
the event of such termination, all costs incurred by
U.S. Customs and Border Protection, which have not been
reimbursed, will become immediately due and payable.
Interest on unpaid fees will accrue based on current
Treasury borrowing rates. Additionally, any private
sector or government entity that, after notice and
demand for payment of any fee charged under paragraph
(4), fails to pay such fee in a timely manner shall be
liable for a penalty or liquidated damage equal to two
times the amount of such fee. Any amount collected
pursuant to any agreement entered into under paragraph
(1) shall be deposited into the account specified under
paragraph (5) and shall be available as described
therein.
(7) Notification.--The Commissioner shall notify the
Congress 15 days prior to entering into any agreement
under paragraph (1) and shall provide a copy of such
agreement.
(f) Donations.--
(1) In general.--Subject to paragraph (2), the
Commissioner and the Administrator may, during the
pilot program described in subsection (a), accept a
donation of real or personal property (including
monetary donations) or nonpersonal services from any
private sector or government entity with which U.S.
Customs and Border Protection has entered into a
partnership.
(2) Allowable uses of donations.--The Commissioner
and the Administrator, with respect to any donation
provided pursuant to paragraph (1), may--
(A) use such donation for necessary
activities related to the construction,
alteration, operation, or maintenance of an
existing port of entry facility under the
jurisdiction, custody, and control of the
Commissioner, including expenses related to--
(i) land acquisition, design,
construction, repair and alteration;
(ii) furniture, fixtures, and
equipment;
(iii) the deployment of technology
and equipment; and
(iv) operations and maintenance; or
(B) transfer such property or services to the
Administrator for necessary activities
described in subparagraph (A) related to a new
or existing port of entry under the
jurisdiction, custody, and control of the
Administrator, subject to chapter 33 of title
40, United States Code. Such transfer shall not
be required for personal property, including
furniture, fixtures, and equipment.
(3) Consultation and budget.--
(A) With the private sector or government
entity.--To accept a donation described in
paragraph (1), the Commissioner and the
Administrator shall--
(i) consult with the appropriate
stakeholders and the private sector or
government entity that is providing the
donation and provide such entity with a
description of the intended use of such
donation; and
(ii) submit to the Committee on
Appropriations, the Committee on
Homeland Security, and the Committee on
Transportation and Infrastructure of
the House of Representatives and the
Committee on Appropriations, the
Committee on Homeland Security and
Governmental Affairs, and the Committee
on Environment and Public Works of the
Senate a report not later than one year
after the date of enactment of this
Act, and annually thereafter, that
describes--
(I) the accepted donations
received under this subsection;
(II) the ports of entry that
received such donations; and
(III) how each donation
helped facilitate the
construction, alternation,
operation, or maintenance of a
new or existing land port of
entry.
(B) Savings provision.--Nothing in this
paragraph may be construed to--
(i) create any right or liability of
the parties referred to in subparagraph
(A); or
(ii) affect any consultation
requirement under any other law.
(4) Evaluation procedures.--Not later than 180 days
after the date of the enactment of this Act, the
Commissioner, in consultation with the Administrator,
shall establish procedures for evaluating a proposal
submitted by a private sector or government entity to
make a donation of real or personal property (including
monetary donations) or nonpersonal services under
paragraph (1) relating to a port of entry under the
jurisdiction, custody and control of the Commissioner
or the Administrator and make any such evaluation
criteria publicly available.
(5) Considerations.--In determining whether or not to
approve a proposal referred to in paragraph (4), the
Commissioner or the Administrator shall consider--
(A) the impact of such proposal on the port
of entry at issue and other ports of entry on
the same border;
(B) the potential of such proposal to
increase trade and travel efficiency through
added capacity;
(C) the potential of such proposal to enhance
the security of the port of entry at issue;
(D) the funding available to complete the
intended use of a donation under this
subsection, if such donation is real property;
(E) the costs of maintaining and operating
such donation;
(F) whether such donation, if real property,
satisfies the requirements of such proposal, or
whether additional real property would be
required;
(G) an explanation of how such donation, if
real property, was secured, including if
eminent domain was used;
(H) the impact of such proposal on staffing
requirements; and
(I) other factors that the Commissioner or
Administrator determines to be relevant.
(6) Unconditional monetary donations.--A monetary
donation shall be made unconditionally, although the
donor may specify--
(A) the port of entry facility or facilities
to be benefitted from such donation; and
(B) the timeframe during which such donation
shall be used.
(7) Supplemental funding.--Real or personal property
(including monetary donations) or nonpersonal services
donated pursuant to paragraph (1) may be used in
addition to any other funding (including appropriated
funds), property, or services made available for the
same purpose.
(8) Return of donations.--If the Commissioner or the
Administrator does not use the real property or
monetary donation donated pursuant to paragraph (1) for
the specific port of entry facility or facilities
designated by the donor or within the timeframe
specified by the donor, such donated real property or
money may be returned to the donor. No interest shall
be owed to the donor with respect to any donation of
funding provided under such paragraph (1) that is
returned pursuant to this paragraph.
(9) Savings provision.--Nothing in this subsection
may be construed to affect or alter the existing
authority of the Commissioner or the Administrator to
construct, alter, operate, and maintain port of entry
facilities.
(g) Annual Reports.--The Commissioner, in collaboration with
the Administrator, shall annually submit to the Committee on
Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Environment and Public Works of the Senate a
report on the pilot program and activities undertaken pursuant
thereto in accordance with this Act.
(h) Definitions.--In this section--
(1) the term ``private sector entity'' means any
corporation, partnership, trust, association, or any
other private entity, or any officer, employee, or
agent thereof;
(2) the term ``Commissioner'' means the Commissioner
of U.S. Customs and Border Protection; and
(3) the term ``Administrator'' means the
Administrator of General Services.
(i) Role of General Services Administration.--Under this
section, collaboration with the Administrator of General
Services is required only with respect to partnerships at land
ports of entry.
* * * * * * *
----------
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
* * * * * * *
TITLE VII--MISCELLANEOUS
* * * * * * *
SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.
(a) Statute of Limitations.--
(1) In general.--[Except] Notwithstanding section
3716(e) of title 31, United States Code, and except as
provided in paragraph (2), no administrative action to
recover any payment made to a State or local government
for [disaster or emergency] project completion as
certified by the grantee assistance under this Act
shall be initiated in any forum after the date that is
3 years after the date of transmission of the final
expenditure report for the disaster or emergency.
(2) Fraud exception.--The limitation under paragraph
(1) shall apply unless there is evidence of civil or
criminal fraud.
(b) Rebuttal of Presumption of Record Maintenance.--
(1) In general.--In any dispute arising under this
section after the date that is 3 years after the date
of transmission of the final expenditure report for the
disaster or emergency, there shall be a presumption
that accounting records were maintained that adequately
identify the source and application of funds provided
for financially assisted activities.
(2) Affirmative evidence.--The presumption described
in paragraph (1) may be rebutted only on production of
affirmative evidence that the State or local government
did not maintain documentation described in that
paragraph.
(3) Inability to produce documentation.--The
inability of the Federal, State, or local government to
produce source documentation supporting expenditure
reports later than 3 years after the date of
transmission of the final expenditure report shall not
constitute evidence to rebut the presumption described
in paragraph (1).
(4) Right of access.--The period during which the
Federal, State, or local government has the right to
access source documentation shall not be limited to the
required 3-year retention period referred to in
paragraph (3), but shall last as long as the records
are maintained.
(c) Binding Nature of Grant Requirements.--A State or local
government shall not be liable for reimbursement or any other
penalty for any payment made under this Act if--
(1) the payment was authorized by an approved
agreement specifying the costs;
(2) the costs were reasonable; and
(3) the purpose of the grant was accomplished.
* * * * * * *
----------
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, 2018]
December 31, 2019, 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.
(b) No appointment under this section may be made which would
result in the displacement of any employee.
(c) For purposes of this section--
(1) the term ``Federal annuitant'' means an employee
who has retired under the Civil Service Retirement
System, the Federal Employees' Retirement System, or
any other retirement system for employees;
(2) the term ``employee'' has the meaning given such
term by section 2105 of such title 5; and
(3) the counting of Federal annuitants shall be done
on a full time equivalent basis.
* * * * * * *
----------
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL 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, 2016,] Until September
30, 2017, and subject to subsection (d), the Secretary may
carry out a pilot program under which the Secretary may
exercise the following authorities:
(1) In general.--When the Secretary carries out
basic, applied, and advanced research and development
projects, including the expenditure of funds for such
projects, the Secretary may exercise the same authority
(subject to the same limitations and conditions) with
respect to such research and projects as the Secretary
of Defense may exercise under section 2371 of title 10,
United States Code (except for subsections (b) and
(f)), after making a determination that the use of a
contract, grant, or cooperative agreement for such
project is not feasible or appropriate. The annual
report required under subsection (b) of this section,
as applied to the Secretary by this paragraph, shall be
submitted to the President of the Senate and the
Speaker of the House of Representatives.
(2) Prototype projects.--The Secretary may, under the
authority of paragraph (1), carry out prototype
projects in accordance with the requirements and
conditions provided for carrying out prototype projects
under section 845 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160). In
applying the authorities of that section 845,
subsection (c) of that section shall apply with respect
to prototype projects under this paragraph, and the
Secretary shall perform the functions of the Secretary
of Defense under subsection (d) thereof.
(b) Procurement of Temporary and Intermittent Services.--The
Secretary may--
(1) procure the temporary or intermittent services of
experts or consultants (or organizations thereof) in
accordance with section 3109(b) of title 5, United
States Code; and
(2) whenever necessary due to an urgent homeland
security need, procure temporary (not to exceed 1 year)
or intermittent personal services, including the
services of experts or consultants (or organizations
thereof), without regard to the pay limitations of such
section 3109.
(c) Additional Requirements.--
(1) In general.--The authority of the Secretary under
this section shall terminate [September 30, 2016,]
September 30, 2017, unless before that date the
Secretary--
(A) issues policy guidance detailing the
appropriate use of that authority; and
(B) provides training to each employee that
is authorized to exercise that authority.
(2) Report.--The Secretary shall provide an annual
report to the Committees on Appropriations of the
Senate and the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Homeland Security of the
House of Representatives detailing the projects for
which the authority granted by subsection (a) was used,
the rationale for its use, the funds spent using that
authority, the outcome of each project for which that
authority was used, and the results of any audits of
such projects.
(d) Definition of Nontraditional Government Contractor.--In
this section, the term ``nontraditional Government contractor''
has the same meaning as the term ``nontraditional defense
contractor'' as defined in section 845(e) of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2371 note).
* * * * * * *
----------
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE II--IMMIGRATION
* * * * * * *
Chapter 2--Qualifications for Admission of Aliens; Travel Control of
Citizens and Aliens
* * * * * * *
admission of nonimmigrants
Sec. 214. (a)(1) The admission to the United States of any
alien as a nonimmigrant shall be for such time and under such
conditions as the Attorney General may by regulations
prescribe, including when he deems necessary the giving of a
bond with sufficient surety in such sum and containing such
conditions as the Attorney General shall prescribe, to insure
that at the expiration of such time or upon failure to maintain
the status under which he was admitted, or to maintain any
status subsequently acquired under section 248, such alien will
depart from the United States. No alien admitted to Guam or the
Commonwealth of the Northern Mariana Islands without a visa
pursuant to section 212(l) may be authorized to enter or stay
in the United States other than in Guam or the Commonwealth of
the Northern Mariana Islands or to remain in Guam or the
Commonwealth of the Northern Mariana Islands for a period
exceeding 45 days from date of admission to Guam or the
Commonwealth of the Northern Mariana Islands. No alien admitted
to the United States without a visa pursuant to section 217 may
be authorized to remain in the United States as a nonimmigrant
visitor for a period exceeding 90 days from the date of
admission.
(2)(A) The period of authorized status as a nonimmigrant
described in section 101(a)(15)(O) shall be for such period as
the Attorney General may specify in order to provide for the
event (or events) for which the nonimmigrant is admitted.
(B) The period of authorized status as a nonimmigrant
described in section 101(a)(15)(P) shall be for such period as
the Attorney General may specify in order to provide for the
competition, event, or performance for which the nonimmigrant
is admitted. In the case of nonimmigrants admitted as
individual athletes under section 101(a)(15)(P), the period of
authorized status may be for an initial period (not to exceed 5
years) during which the nonimmigrant will perform as an athlete
and such period may be extended by the Attorney General for an
additional period of up to 5 years.
(b) Every alien (other than a nonimmigrant described in
subparagraph (L) or (V) of section 101(a)(15), and other than a
nonimmigrant described in any provision of section
101(a)(15)(H)(i) except subclause (b1) of such section) shall
be presumed to be an immigrant until he establishes to the
satisfaction of the consular officer, at the time of
application for a visa, and the immigration officers, at the
time of application for admission, that he is entitled to a
nonimmigrant status under section 101(a)(15). An alien who is
an officer or employee of any foreign government or of any
international organization entitled to enjoy privileges,
exemptions, and immunities under the International
Organizations Immunities Act, or an alien who is the attendant,
servant, employee, or member of the immediate family of any
such alien shall not be entitled to apply for or receive an
immigrant visa, or to enter the United States as an immigrant
unless he executes a written waiver in the same form and
substance as is prescribed by section 247(b).
(c)(1) The question of importing any alien as a nonimmigrant
under subparagraph (H), (L), (O), or (P)(i) of section
101(a)(15) (excluding nonimmigrants under section
101(a)(15)(H)(i)(b1)) in any specific case or specific cases
shall be determined by the Attorney General, after consultation
with appropriate agencies of the Government, upon petition of
the importing employer. Such petition shall be made and
approved before the visa is granted. The petition shall be in
such form and contain such information as the Attorney General
shall prescribe. The approval of such a petition shall not, of
itself, be construed as establishing that the alien is a
nonimmigrant. For purposes of this subsection with respect to
nonimmigrants described in section 101(a)(15)(H)(ii)(a), the
term ``appropriate agencies of Government'' means the
Department of Labor and includes the Department of Agriculture.
The provisions of section 218 shall apply to the question of
importing any alien as a nonimmigrant under section
101(a)(15)(H)(ii)(a).
(2)(A) The Attorney General shall provide for a procedure
under which an importing employer which meets requirements
established by the Attorney General may file a blanket petition
to import aliens as nonimmigrants described in section
101(a)(15)(L) instead of filing individual petitions under
paragraph (1) to import such aliens. Such procedure shall
permit the expedited processing of visas for admission of
aliens covered under such a petition.
(B) For purposes of section 101(a)(15)(L), an alien is
considered to be serving in a capacity involving specialized
knowledge with respect to a company if the alien has a special
knowledge of the company product and its application in
international markets or has an advanced level of knowledge of
processes and procedures of the company.
(C) The Attorney General shall provide a process for
reviewing and acting upon petitions under this subsection with
respect to nonimmigrants described in section 101(a)(15)(L)
within 30 days after the date a completed petition has been
filed.
(D) The period of authorized admission for--
(i) a nonimmigrant admitted to render services in a
managerial or executive capacity under section
101(a)(15)(L) shall not exceed 7 years, or
(ii) a nonimmigrant admitted to render services in a
capacity that involves specialized knowledge under
section 101(a)(15)(L) shall not exceed 5 years.
(E) In the case of an alien spouse admitted under section
101(a)(15)(L), who is accompanying or following to join a
principal alien admitted under such section, the Attorney
General shall authorize the alien spouse to engage in
employment in the United States and provide the spouse with an
``employment authorized'' endorsement or other appropriate work
permit.
(F) An alien who will serve in a capacity involving
specialized knowledge with respect to an employer for purposes
of section 101(a)(15)(L) and will be stationed primarily at the
worksite of an employer other than the petitioning employer or
its affiliate, subsidiary, or parent shall not be eligible for
classification under section 101(a)(15)(L) if--
(i) the alien will be controlled and supervised
principally by such unaffiliated employer; or
(ii) the placement of the alien at the worksite of
the unaffiliated employer is essentially an arrangement
to provide labor for hire for the unaffiliated
employer, rather than a placement in connection with
the provision of a product or service for which
specialized knowledge specific to the petitioning
employer is necessary.
(3) The Attorney General shall approve a petition--
(A) with respect to a nonimmigrant described in
section 101(a)(15)(O)(i) only after consultation in
accordance with paragraph (6) or, with respect to
aliens seeking entry for a motion picture or television
production, after consultation with the appropriate
union representing the alien's occupational peers and a
management organization in the area of the alien's
ability, or
(B) with respect to a nonimmigrant described in
section 101(a)(15)(O)(ii) after consultation in
accordance with paragraph (6) or, in the case of such
an alien seeking entry for a motion picture or
television production, after consultation with such a
labor organization and a management organization in the
area of the alien's ability.
In the case of an alien seeking entry for a motion picture or
television production, (i) any opinion under the previous
sentence shall only be advisory, (ii) any such opinion that
recommends denial must be in writing, (iii) in making the
decision the Attorney General shall consider the exigencies and
scheduling of the production, and (iv) the Attorney General
shall append to the decision any such opinion. The Attorney
General shall provide by regulation for the waiver of the
consultation requirement under subparagraph (A) in the case of
aliens who have been admitted as nonimmigrants under section
101(a)(15)(O)(i) because of extraordinary ability in the arts
and who seek readmission to perform similar services within 2
years after the date of a consultation under such subparagraph.
Not later than 5 days after the date such a waiver is provided,
the Attorney General shall forward a copy of the petition and
all supporting documentation to the national office of an
appropriate labor organization.
(4)(A) For purposes of section 101(a)(15)(P)(i)(a), an alien
is described in this subparagraph if the alien--
(i)(I) performs as an athlete, individually or as
part of a group or team, at an internationally
recognized level of performance;
(II) is a professional athlete, as defined in section
204(i)(2);
(III) performs as an athlete, or as a coach, as part
of a team or franchise that is located in the United
States and a member of a foreign league or association
of 15 or more amateur sports teams, if--
(aa) the foreign league or association is the
highest level of amateur performance of that
sport in the relevant foreign country;
(bb) participation in such league or
association renders players ineligible, whether
on a temporary or permanent basis, to earn a
scholarship in, or participate in, that sport
at a college or university in the United States
under the rules of the National Collegiate
Athletic Association; and
(cc) a significant number of the individuals
who play in such league or association are
drafted by a major sports league or a minor
league affiliate of such a sports league; or
(IV) is a professional athlete or amateur athlete who
performs individually or as part of a group in a
theatrical ice skating production; and
(ii) seeks to enter the United States temporarily and
solely for the purpose of performing--
(I) as such an athlete with respect to a
specific athletic competition; or
(II) in the case of an individual described
in clause (i)(IV), in a specific theatrical ice
skating production or tour.
(B)(i) For purposes of section 101(a)(15)(P)(i)(b), an alien
is described in this subparagraph if the alien--
(I) performs with or is an integral and essential
part of the performance of an entertainment group that
has (except as provided in clause (ii)) been recognized
internationally as being outstanding in the discipline
for a sustained and substantial period of time,
(II) in the case of a performer or entertainer,
except as provided in clause (iii), has had a sustained
and substantial relationship with that group
(ordinarily for at least one year) and provides
functions integral to the performance of the group, and
(III) seeks to enter the United States temporarily
and solely for the purpose of performing as such a
performer or entertainer or as an integral and
essential part of a performance.
(ii) In the case of an entertainment group that is recognized
nationally as being outstanding in its discipline for a
sustained and substantial period of time, the Attorney General
may, in consideration of special circumstances, waive the
international recognition requirement of clause (i)(I).
(iii)(I) The one-year relationship requirement of clause
(i)(II) shall not apply to 25 percent of the performers and
entertainers in a group.
(II) The Attorney General may waive such one-year
relationship requirement for an alien who because of illness or
unanticipated and exigent circumstances replaces an essential
member of the group and for an alien who augments the group by
performing a critical role.
(iv) The requirements of subclauses (I) and (II) of clause
(i) shall not apply to alien circus personnel who perform as
part of a circus or circus group or who constitute an integral
and essential part of the performance of such circus or circus
group, but only if such personnel are entering the United
States to join a circus that has been recognized nationally as
outstanding for a sustained and substantial period of time or
as part of such a circus.
(C) A person may petition the Attorney General for
classification of an alien as a nonimmigrant under section
101(a)(15)(P).
(D) The Attorney General shall approve petitions under this
subsection with respect to nonimmigrants described in clause
(i) or (iii) of section 101(a)(15)(P) only after consultation
in accordance with paragraph (6).
(E) The Attorney General shall approve petitions under this
subsection for nonimmigrants described in section
101(a)(15)(P)(ii) only after consultation with labor
organizations representing artists and entertainers in the
United States.
(F)(i) No nonimmigrant visa under section 101(a)(15)(P)(i)(a)
shall be issued to any alien who is a national of a country
that is a state sponsor of international terrorism unless the
Secretary of State determines, in consultation with the
Secretary of Homeland Security and the heads of other
appropriate United States agencies, that such alien does not
pose a threat to the safety, national security, or national
interest of the United States. In making a determination under
this subparagraph, the Secretary of State shall apply standards
developed by the Secretary of State, in consultation with the
Secretary of Homeland Security and the heads of other
appropriate United States agencies, that are applicable to the
nationals of such states.
(ii) In this subparagraph, the term ``state sponsor of
international terrorism'' means any country the government of
which has been determined by the Secretary of State under any
of the laws specified in clause (iii) to have repeatedly
provided support for acts of international terrorism.
(iii) The laws specified in this clause are the following:
(I) Section 6(j)(1)(A) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or
successor statute).
(II) Section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)).
(III) Section 620A(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371(a)).
(G) The Secretary of Homeland Security shall permit a
petition under this subsection to seek classification of more
than 1 alien as a nonimmigrant under section
101(a)(15)(P)(i)(a).
(H) The Secretary of Homeland Security shall permit an
athlete, or the employer of an athlete, to seek admission to
the United States for such athlete under a provision of this
Act other than section 101(a)(15)(P)(i) if the athlete is
eligible under such other provision.
(5)(A) In the case of an alien who is provided nonimmigrant
status under section 101(a)(15)(H)(i)(b) or
101(a)(15)(H)(ii)(b) and who is dismissed from employment by
the employer before the end of the period of authorized
admission, the employer shall be liable for the reasonable
costs of return transportation of the alien abroad.
(B) In the case of an alien who is admitted to the United
States in nonimmigrant status under section 101(a)(15)(O) or
101(a)(15)(P) and whose employment terminates for reasons other
than voluntary resignation, the employer whose offer of
employment formed the basis of such nonimmigrant status and the
petitioner are jointly and severally liable for the reasonable
cost of return transportation of the alien abroad. The
petitioner shall provide assurance satisfactory to the Attorney
General that the reasonable cost of that transportation will be
provided.
(6)(A)(i) To meet the consultation requirement of paragraph
(3)(A) in the case of a petition for a nonimmigrant described
in section 101(a)(15)(O)(i) (other than with respect to aliens
seeking entry for a motion picture or television production),
the petitioner shall submit with the petition an advisory
opinion from a peer group (or other person or persons of its
choosing, which may include a labor organization) with
expertise in the specific field involved.
(ii) To meet the consultation requirement of paragraph (3)(B)
in the case of a petition for a nonimmigrant described in
section 101(a)(15)(O)(ii) (other than with respect to aliens
seeking entry for a motion picture or television production),
the petitioner shall submit with the petition an advisory
opinion from a labor organization with expertise in the skill
area involved.
(iii) To meet the consultation requirement of paragraph
(4)(D) in the case of a petition for a nonimmigrant described
in section 101(a)(15)(P)(i) or 101(a)(15)(P)(iii), the
petitioner shall submit with the petition an advisory opinion
from a labor organization with expertise in the specific field
of athletics or entertainment involved.
(B) To meet the consultation requirements of subparagraph
(A), unless the petitioner submits with the petition an
advisory opinion from an appropriate labor organization, the
Attorney General shall forward a copy of the petition and all
supporting documentation to the national office of an
appropriate labor organization within 5 days of the date of
receipt of the petition. If there is a collective bargaining
representative of an employer's employees in the occupational
classification for which the alien is being sought, that
representative shall be the appropriate labor organization.
(C) In those cases in which a petitioner described in
subparagraph (A) establishes that an appropriate peer group
(including a labor organization) does not exist, the Attorney
General shall adjudicate the petition without requiring an
advisory opinion.
(D) Any person or organization receiving a copy of a petition
described in subparagraph (A) and supporting documents shall
have no more than 15 days following the date of receipt of such
documents within which to submit a written advisory opinion or
comment or to provide a letter of no objection. Once the 15-day
period has expired and the petitioner has had an opportunity,
where appropriate, to supply rebuttal evidence, the Attorney
General shall adjudicate such petition in no more than 14 days.
The Attorney General may shorten any specified time period for
emergency reasons if no unreasonable burden would be thus
imposed on any participant in the process.
(E)(i) The Attorney General shall establish by regulation
expedited consultation procedures in the case of nonimmigrant
artists or entertainers described in section 101(a)(15)(O) or
101(a)(15)(P) to accommodate the exigencies and scheduling of a
given production or event.
(ii) The Attorney General shall establish by regulation
expedited consultation procedures in the case of nonimmigrant
athletes described in section 101(a)(15)(O)(i) or
101(a)(15)(P)(i) in the case of emergency circumstances
(including trades during a season).
(F) No consultation required under this subsection by the
Attorney General with a nongovernmental entity shall be
construed as permitting the Attorney General to delegate any
authority under this subsection to such an entity. The Attorney
General shall give such weight to advisory opinions provided
under this section as the Attorney General determines, in his
sole discretion, to be appropriate.
(7) If a petition is filed and denied under this subsection,
the Attorney General shall notify the petitioner of the
determination and the reasons for the denial and of the process
by which the petitioner may appeal the determination.
(8) The Attorney General shall submit annually to the
Committees on the Judiciary of the House of Representatives and
of the Senate a report describing, with respect to petitions
under each subcategory of subparagraphs (H), (O), (P), and (Q)
of section 101(a)(15) the following:
(A) The number of such petitions which have been
filed.
(B) The number of such petitions which have been
approved and the number of workers (by occupation)
included in such approved petitions.
(C) The number of such petitions which have been
denied and the number of workers (by occupation)
requested in such denied petitions.
(D) The number of such petitions which have been
withdrawn.
(E) The number of such petitions which are awaiting
final action.
(9)(A) The Attorney General shall impose a fee on an employer
(excluding any employer that is a primary or secondary
education institution, an institution of higher education, as
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a), a nonprofit entity related to or affiliated
with any such institution, a nonprofit entity which engages in
established curriculum-related clinical training of students
registered at any such institution, a nonprofit research
organization, or a governmental research organization) filing
before a petition under paragraph (1)--
(i) initially to grant an alien nonimmigrant status
described in section 101(a)(15)(H)(i)(b);
(ii) to extend the stay of an alien having such
status (unless the employer previously has obtained an
extension for such alien); or
(iii) to obtain authorization for an alien having
such status to change employers.
(B) The amount of the fee shall be $1,500 for each such
petition except that the fee shall be half the amount for each
such petition by any employer with not more than 25 full-time
equivalent employees who are employed in the United States
(determined by including any affiliate or subsidiary of such
employer).
(C) Fees collected under this paragraph shall be deposited in
the Treasury in accordance with section 286(s).
(10) An amended H-1B petition shall not be required
where the petitioning employer is involved in a
corporate restructuring, including but not limited to a
merger, acquisition, or consolidation, where a new
corporate entity succeeds to the interests and
obligations of the original petitioning employer and
where the terms and conditions of employment remain the
same but for the identity of the petitioner.
(11)(A) Subject to subparagraph (B), the Secretary of
Homeland Security or the Secretary of State, as appropriate,
shall impose a fee on an employer who has filed an attestation
described in section 212(t)--
(i) in order that an alien may be initially granted
nonimmigrant status described in section
101(a)(15)(H)(i)(b1); or
(ii) in order to satisfy the requirement of the
second sentence of subsection (g)(8)(C) for an alien
having such status to obtain certain extensions of
stay.
(B) The amount of the fee shall be the same as the amount
imposed by the Secretary of Homeland Security under paragraph
(9), except that if such paragraph does not authorize such
Secretary to impose any fee, no fee shall be imposed under this
paragraph.
(C) Fees collected under this paragraph shall be deposited in
the Treasury in accordance with section 286(s).
(12)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention
and detection fee on an employer filing a petition under
paragraph (1)--
(i) initially to grant an alien nonimmigrant status
described in subparagraph (H)(i)(b) or (L) of section
101(a)(15); or
(ii) to obtain authorization for an alien having such
status to change employers.
(B) In addition to any other fees authorized by law, the
Secretary of State shall impose a fraud prevention and
detection fee on an alien filing an application abroad for a
visa authorizing admission to the United States as a
nonimmigrant described in section 101(a)(15)(L), if the alien
is covered under a blanket petition described in paragraph
(2)(A).
(C) The amount of the fee imposed under subparagraph (A) or
(B) shall be $500.
(D) The fee imposed under subparagraph (A) or (B) shall only
apply to principal aliens and not to the spouses or children
who are accompanying or following to join such principal
aliens.
(E) Fees collected under this paragraph shall be deposited in
the Treasury in accordance with section 286(v).
(13)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention
and detection fee on an employer filing a petition under
paragraph (1) for nonimmigrant workers described in section
101(a)(15)(H)(ii)(b).
(B) The amount of the fee imposed under subparagraph (A)
shall be $150.
(14)(A) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a substantial failure
to meet any of the conditions of the petition to admit or
otherwise provide status to a nonimmigrant worker under section
101(a)(15)(H)(ii)(b) or a willful misrepresentation of a
material fact in such petition--
(i) the Secretary of Homeland Security may, in
addition to any other remedy authorized by law, impose
such administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per
violation) as the Secretary of Homeland Security
determines to be appropriate; and
(ii) the Secretary of Homeland Security may deny
petitions filed with respect to that employer under
section 204 or paragraph (1) of this subsection during
a period of at least 1 year but not more than 5 years
for aliens to be employed by the employer.
(B) The Secretary of Homeland Security may delegate to the
Secretary of Labor, with the agreement of the Secretary of
Labor, any of the authority given to the Secretary of Homeland
Security under subparagraph (A)(i).
(C) In determining the level of penalties to be assessed
under subparagraph (A), the highest penalties shall be reserved
for willful failures to meet any of the conditions of the
petition that involve harm to United States workers.
(D) In this paragraph, the term ``substantial failure'' means
the willful failure to comply with the requirements of this
section that constitutes a significant deviation from the terms
and conditions of a petition.
(d)(1) A visa shall not be issued under the provisions of
section 101(a)(15)(K)(i) until the consular officer has
received a petition filed in the United States by the fiancee
or fiance of the applying alien and approved by the Secretary
of Homeland Security. The petition shall be in such form and
contain such information as the Secretary of Homeland Security
shall, by regulation, prescribe. Such information shall include
information on any criminal convictions of the petitioner for
any specified crime described in paragraph (3)(B) and
information on any permanent protection or restraining order
issued against the petitioner related to any specified crime
described in paragraph (3)(B)(i). It shall be approved only
after satisfactory evidence is submitted by the petitioner to
establish that the parties have previously met in person within
2 years before the date of filing the petition, have a bona
fide intention to marry, and are legally able and actually
willing to conclude a valid marriage in the United States
within a period of ninety days after the alien's arrival,
except that the Secretary of Homeland Security in his
discretion may waive the requirement that the parties have
previously met in person. In the event the marriage with the
petitioner does not occur within three months after the
admission of the said alien and minor children, they shall be
required to depart from the United States and upon failure to
do so shall be removed in accordance with sections 240 and 241.
(2)(A) Subject to subparagraphs (B) and (C), the Secretary of
Homeland Security may not approve a petition under paragraph
(1) unless the Secretary has verified that--
(i) the petitioner has not, previous to the pending
petition, petitioned under paragraph (1) with respect
to two or more applying aliens; and
(ii) if the petitioner has had such a petition
previously approved, 2 years have elapsed since the
filing of such previously approved petition.
(B) The Secretary of Homeland Security may, in the
Secretary's discretion, waive the limitations in subparagraph
(A) if justification exists for such a waiver. Except in
extraordinary circumstances and subject to subparagraph (C),
such a waiver shall not be granted if the petitioner has a
record of violent criminal offenses against a person or
persons.
(C)(i) The Secretary of Homeland Security is not limited by
the criminal court record and shall grant a waiver of the
condition described in the second sentence of subparagraph (B)
in the case of a petitioner described in clause (ii).
(ii) A petitioner described in this clause is a petitioner
who has been battered or subjected to extreme cruelty and who
is or was not the primary perpetrator of violence in the
relationship upon a determination that--
(I) the petitioner was acting in self-defense;
(II) the petitioner was found to have violated a
protection order intended to protect the petitioner; or
(III) the petitioner committed, was arrested for, was
convicted of, or pled guilty to committing a crime that
did not result in serious bodily injury and where there
was a connection between the crime and the petitioner's
having been battered or subjected to extreme cruelty.
(iii) In acting on applications under this subparagraph, the
Secretary of Homeland Security shall consider any credible
evidence relevant to the application. The determination of what
evidence is credible and the weight to be given that evidence
shall be within the sole discretion of the Secretary.
(3) In this subsection:
(A) The terms ``domestic violence'', ``sexual
assault'', ``child abuse and neglect'', ``dating
violence'', ``elder abuse'', and ``stalking'' have the
meaning given such terms in section 3 of the Violence
Against Women and Department of Justice Reauthorization
Act of 2005.
(B) The term ``specified crime'' means the following:
(i) Domestic violence, sexual assault, child
abuse and neglect, dating violence, elder
abuse, stalking, or an attempt to commit any
such crime.
(ii) Homicide, murder, manslaughter, rape,
abusive sexual contact, sexual exploitation,
incest, torture, trafficking, peonage, holding
hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal
restraint, false imprisonment, or an attempt to
commit any of the crimes described in this
clause.
(iii) At least three convictions for crimes
relating to a controlled substance or alcohol
not arising from a single act.
(e)(1) Notwithstanding any other provision of this Act, an
alien who is a citizen of Canada and seeks to enter the United
States under and pursuant to the provisions of Annex 1502.1
(United States of America), Part C--Professionals, of the
United States-Canada Free-Trade Agreement to engage in business
activities at a professional level as provided for therein may
be admitted for such purpose under regulations of the Attorney
General promulgated after consultation with the Secretaries of
State and Labor.
(2) An alien who is a citizen of Canada or Mexico, and the
spouse and children of any such alien if accompanying or
following to join such alien, who seeks to enter the United
States under and pursuant to the provisions of Section D of
Annex 1603 of the North American Free Trade Agreement (in this
subsection referred to as ``NAFTA'') to engage in business
activities at a professional level as provided for in such
Annex, may be admitted for such purpose under regulations of
the Attorney General promulgated after consultation with the
Secretaries of State and Labor. For purposes of this Act,
including the issuance of entry documents and the application
of subsection (b), such alien shall be treated as if seeking
classification, or classifiable, as a nonimmigrant under
section 101(a)(15). The admission of an alien who is a citizen
of Mexico shall be subject to paragraphs (3), (4), and (5). For
purposes of this paragraph and paragraphs (3), (4), and (5),
the term ``citizen of Mexico'' means ``citizen'' as defined in
Annex 1608 of NAFTA.
(3) The Attorney General shall establish an annual numerical
limit on admissions under paragraph (2) of aliens who are
citizens of Mexico, as set forth in Appendix 1603.D.4 of Annex
1603 of the NAFTA. Subject to paragraph (4), the annual
numerical limit--
(A) beginning with the second year that NAFTA is in
force, may be increased in accordance with the
provisions of paragraph 5(a) of Section D of such
Annex, and
(B) shall cease to apply as provided for in paragraph
3 of such Appendix.
(4) The annual numerical limit referred to in paragraph (3)
may be increased or shall cease to apply (other than by
operation of paragraph 3 of such Appendix) only if--
(A) the President has obtained advice regarding the
proposed action from the appropriate advisory
committees established under section 135 of the Trade
Act of 1974 (19 U.S.C. 2155);
(B) the President has submitted a report to the
Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives that sets forth--
(i) the action proposed to be taken and the
reasons therefor, and
(ii) the advice obtained under subparagraph
(A);
(C) a period of at least 60 calendar days that begins
on the first day on which the President has met the
requirements of subparagraphs (A) and (B) with respect
to such action has expired; and
(D) the President has consulted with such committees
regarding the proposed action during the period
referred to in subparagraph (C).
(5) During the period that the provisions of Appendix
1603.D.4 of Annex 1603 of the NAFTA apply, the entry of an
alien who is a citizen of Mexico under and pursuant to the
provisions of Section D of Annex 1603 of NAFTA shall be subject
to the attestation requirement of section 212(m), in the case
of a registered nurse, or the application requirement of
section 212(n), in the case of all other professions set out in
Appendix 1603.D.1 of Annex 1603 of NAFTA, and the petition
requirement of subsection (c), to the extent and in the manner
prescribed in regulations promulgated by the Secretary of
Labor, with respect to sections 212(m) and 212(n), and the
Attorney General, with respect to subsection (c).
(6) In the case of an alien spouse admitted under section
101(a)(15)(E), who is accompanying or following to join a
principal alien admitted under such section, the Attorney
General shall authorize the alien spouse to engage in
employment in the United States and provide the spouse with an
``employment authorized'' endorsement or other appropriate work
permit.
(f)(1) Except as provided in paragraph (3), no alien shall be
entitled to nonimmigrant status described in section
101(a)(15)(D) if the alien intends to land for the purpose of
performing service on board a vessel of the United States (as
defined in section 2101(46) of title 46, United States Code) or
on an aircraft of an air carrier (as defined in section
40102(a)(2) of title 49, United States Code) during a labor
dispute where there is a strike or lockout in the bargaining
unit of the employer in which the alien intends to perform such
service.
(2) An alien described in paragraph (1)--
(A) may not be paroled into the United States
pursuant to section 212(d)(5) unless the Attorney
General determines that the parole of such alien is
necessary to protect the national security of the
United States; and
(B) shall be considered not to be a bona fide crewman
for purposes of section 252(b).
(3) Paragraph (1) shall not apply to an alien if the air
carrier or owner or operator of such vessel that employs the
alien provides documentation that satisfies the Attorney
General that the alien--
(A) has been an employee of such employer for a
period of not less than 1 year preceding the date that
a strike or lawful lockout commenced;
(B) has served as a qualified crewman for such
employer at least once in each of 3 months during the
12-month period preceding such date; and
(C) shall continue to provide the same services that
such alien provided as such a crewman.
(g)(1) The total number of aliens who may be issued visas or
otherwise provided nonimmigrant status during any fiscal year
(beginning with fiscal year 1992)--
(A) under section 101(a)(15)(H)(i)(b), may not
exceed--
(i) 65,000 in each fiscal year before fiscal
year 1999;
(ii) 115,000 in fiscal year 1999;
(iii) 115,000 in fiscal year 2000;
(iv) 195,000 in fiscal year 2001;
(v) 195,000 in fiscal year 2002;
(vi) 195,000 in fiscal year 2003; and
(vii) 65,000 in each succeeding fiscal year;
or
(B) under section 101(a)(15)(H)(ii)(b) may not exceed
66,000.
(2) The numerical limitations of paragraph (1) shall only
apply to principal aliens and not to the spouses or children of
such aliens.
(3) Aliens who are subject to the numerical limitations of
paragraph (1) shall be issued visas (or otherwise provided
nonimmigrant status) in the order in which petitions are filed
for such visas or status. If an alien who was issued a visa or
otherwise provided nonimmigrant status and counted against the
numerical limitations of paragraph (1) is found to have been
issued such visa or otherwise provided such status by fraud or
willfully misrepresenting a material fact and such visa or
nonimmigrant status is revoked, then one number shall be
restored to the total number of aliens who may be issued visas
or otherwise provided such status under the numerical
limitations of paragraph (1) in the fiscal year in which the
petition is revoked, regardless of the fiscal year in which the
petition was approved.
(4) In the case of a nonimmigrant described in section
101(a)(15)(H)(i)(b), the period of authorized admission as such
a nonimmigrant may not exceed 6 years.
(5) The numerical limitations contained in paragraph (1)(A)
shall not apply to any nonimmigrant alien issued a visa or
otherwise provided status under section 101(a)(15)(H)(i)(b)
who--
(A) is employed (or has received an offer of
employment) at an institution of higher education (as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a))), or a related or
affiliated nonprofit entity;
(B) is employed (or has received an offer of
employment) at a nonprofit research organization or a
governmental research organization; or
(C) has earned a master's or higher degree from a
United States institution of higher education (as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a)), until the number of aliens
who are exempted from such numerical limitation during
such year exceeds 20,000.
(6) Any alien who ceases to be employed by an employer
described in paragraph (5)(A) shall, if employed as a
nonimmigrant alien described in section 101(a)(15)(H)(i)(b),
who has not previously been counted toward the numerical
limitations contained in paragraph (1)(A), be counted toward
those limitations the first time the alien is employed by an
employer other than one described in paragraph (5).
(7) Any alien who has already been counted, within the 6
years prior to the approval of a petition described in
subsection (c), toward the numerical limitations of paragraph
(1)(A) shall not again be counted toward those limitations
unless the alien would be eligible for a full 6 years of
authorized admission at the time the petition is filed. Where
multiple petitions are approved for 1 alien, that alien shall
be counted only once.
(8)(A) The agreements referred to in section
101(a)(15)(H)(i)(b1) are--
(i) the United States-Chile Free Trade Agreement; and
(ii) the United States-Singapore Free Trade
Agreement.
(B)(i) The Secretary of Homeland Security shall establish
annual numerical limitations on approvals of initial
applications by aliens for admission under section
101(a)(15)(H)(i)(b1).
(ii) The annual numerical limitations described in clause (i)
shall not exceed--
(I) 1,400 for nationals of Chile (as defined in
article 14.9 of the United States-Chile Free Trade
Agreement) for any fiscal year; and
(II) 5,400 for nationals of Singapore (as defined in
Annex 1A of the United States-Singapore Free Trade
Agreement) for any fiscal year.
(iii) The annual numerical limitations described in clause
(i) shall only apply to principal aliens and not to the spouses
or children of such aliens.
(iv) The annual numerical limitation described in paragraph
(1)(A) is reduced by the amount of the annual numerical
limitations established under clause (i). However, if a
numerical limitation established under clause (i) has not been
exhausted at the end of a given fiscal year, the Secretary of
Homeland Security shall adjust upwards the numerical limitation
in paragraph (1)(A) for that fiscal year by the amount
remaining in the numerical limitation under clause (i). Visas
under section 101(a)(15)(H)(i)(b) may be issued pursuant to
such adjustment within the first 45 days of the next fiscal
year to aliens who had applied for such visas during the fiscal
year for which the adjustment was made.
(C) The period of authorized admission as a nonimmigrant
under section 101(a)(15)(H)(i)(b1) shall be 1 year, and may be
extended, but only in 1-year increments. After every second
extension, the next following extension shall not be granted
unless the Secretary of Labor had determined and certified to
the Secretary of Homeland Security and the Secretary of State
that the intending employer has filed with the Secretary of
Labor an attestation under section 212(t)(1) for the purpose of
permitting the nonimmigrant to obtain such extension.
(D) The numerical limitation described in paragraph (1)(A)
for a fiscal year shall be reduced by one for each alien
granted an extension under subparagraph (C) during such year
who has obtained 5 or more consecutive prior extensions.
(9)(A) Subject to subparagraphs (B) and (C), an alien who has
already been counted toward the numerical limitation of
paragraph (1)(B) during fiscal year [2013, 2014, or 2015 shall
not again be counted toward such limitation during fiscal year
2016.] 2014, 2015, or 2016 shall not again be counted toward
such limitation during fiscal year 2017. Such an alien shall be
considered a returning worker.
(B) A petition to admit or otherwise provide status under
section 101(a)(15)(H)(ii)(b) shall include, with respect to a
returning worker--
(i) all information and evidence that the Secretary
of Homeland Security determines is required to support
a petition for status under section
101(a)(15)(H)(ii)(b);
(ii) the full name of the alien; and
(iii) a certification to the Department of Homeland
Security that the alien is a returning worker.
(C) An H-2B visa or grant of nonimmigrant status for a
returning worker shall be approved only if the alien is
confirmed to be a returning worker by--
(i) the Department of State; or
(ii) if the alien is visa exempt or seeking to change
to status under section 101 (a)(15)(H)(ii)(b), the
Department of Homeland Security.
(10) The numerical limitations of paragraph (1)(B) shall be
allocated for a fiscal year so that the total number of aliens
subject to such numerical limits who enter the United States
pursuant to a visa or are accorded nonimmigrant status under
section 101(a)(15)(H)(ii)(b) during the first 6 months of such
fiscal year is not more than 33,000.
(11)(A) The Secretary of State may not approve a number of
initial applications submitted for aliens described in section
101(a)(15)(E)(iii) that is more than the applicable numerical
limitation set out in this paragraph.
(B) The applicable numerical limitation referred to in
subparagraph (A) is 10,500 for each fiscal year.
(C) The applicable numerical limitation referred to in
subparagraph (A) shall only apply to principal aliens and not
to the spouses or children of such aliens.
(h) The fact that an alien is the beneficiary of an
application for a preference status filed under section 204 or
has otherwise sought permanent residence in the United States
shall not constitute evidence of an intention to abandon a
foreign residence for purposes of obtaining a visa as a
nonimmigrant described in subparagraph (H)(i)(b) or (c), (L),
or (V) of section 101(a)(15) or otherwise obtaining or
maintaining the status of a nonimmigrant described in such
subparagraph, if the alien had obtained a change of status
under section 248 to a classification as such a nonimmigrant
before the alien's most recent departure from the United
States.
(i)(1) Except as provided in paragraph (3), for purposes of
section 101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and
paragraph (2), the term ``specialty occupation'' means an
occupation that requires--
(A) theoretical and practical application of a body
of highly specialized knowledge, and
(B) attainment of a bachelor's or higher degree in
the specific specialty (or its equivalent) as a minimum
for entry into the occupation in the United States.
(2) For purposes of section 101(a)(15)(H)(i)(b), the
requirements of this paragraph, with respect to a specialty
occupation, are--
(A) full state licensure to practice in the
occupation, if such licensure is required to practice
in the occupation,
(B) completion of the degree described in paragraph
(1)(B) for the occupation, or
(C)(i) experience in the specialty equivalent to the
completion of such degree, and (ii) recognition of
expertise in the specialty through progressively
responsible positions relating to the specialty.
(3) For purposes of section 101(a)(15)(H)(i)(b1), the term
``specialty occupation'' means an occupation that requires--
(A) theoretical and practical application of a body
of specialized knowledge; and
(B) attainment of a bachelor's or higher degree in
the specific specialty (or its equivalent) as a minimum
for entry into the occupation in the United States.
(j)(1) Notwithstanding any other provision of this Act, an
alien who is a citizen of Canada or Mexico who seeks to enter
the United States under and pursuant to the provisions of
Section B, Section C, or Section D of Annex 1603 of the North
American Free Trade Agreement, shall not be classified as a
nonimmigrant under such provisions if there is in progress a
strike or lockout in the course of a labor dispute in the
occupational classification at the place or intended place of
employment, unless such alien establishes, pursuant to
regulations promulgated by the Attorney General, that the
alien's entry will not affect adversely the settlement of the
strike or lockout or the employment of any person who is
involved in the strike or lockout. Notice of a determination
under this paragraph shall be given as may be required by
paragraph 3 of article 1603 of such Agreement. For purposes of
this paragraph, the term ``citizen of Mexico'' means
``citizen'' as defined in Annex 1608 of such Agreement.
(2) Notwithstanding any other provision of this Act except
section 212(t)(1), and subject to regulations promulgated by
the Secretary of Homeland Security, an alien who seeks to enter
the United States under and pursuant to the provisions of an
agreement listed in subsection (g)(8)(A), and the spouse and
children of such an alien if accompanying or following to join
the alien, may be denied admission as a nonimmigrant under
subparagraph (E), (L), or (H)(i)(b1) of section 101(a)(15) if
there is in progress a labor dispute in the occupational
classification at the place or intended place of employment,
unless such alien establishes, pursuant to regulations
promulgated by the Secretary of Homeland Security after
consultation with the Secretary of Labor, that the alien's
entry will not affect adversely the settlement of the labor
dispute or the employment of any person who is involved in the
labor dispute. Notice of a determination under this paragraph
shall be given as may be required by such agreement.
(k)(1) The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year
may not exceed 200. The number of aliens who may be provided a
visa as nonimmigrants under section 101(a)(15)(S)(ii) in any
fiscal year may not exceed 50.
(2) The period of admission of an alien as such a
nonimmigrant may not exceed 3 years. Such period may not be
extended by the Attorney General.
(3) As a condition for the admission, and continued stay in
lawful status, of such a nonimmigrant, the nonimmigrant--
(A) shall report not less often than quarterly to the
Attorney General such information concerning the
alien's whereabouts and activities as the Attorney
General may require;
(B) may not be convicted of any criminal offense
punishable by a term of imprisonment of 1 year or more
after the date of such admission;
(C) must have executed a form that waives the
nonimmigrant's right to contest, other than on the
basis of an application for withholding of removal, any
action for removal of the alien instituted before the
alien obtains lawful permanent resident status; and
(D) shall abide by any other condition, limitation,
or restriction imposed by the Attorney General.
(4) The Attorney General shall submit a report annually to
the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate concerning--
(A) the number of such nonimmigrants admitted;
(B) the number of successful criminal prosecutions or
investigations resulting from cooperation of such
aliens;
(C) the number of terrorist acts prevented or
frustrated resulting from cooperation of such aliens;
(D) the number of such nonimmigrants whose admission
or cooperation has not resulted in successful criminal
prosecution or investigation or the prevention or
frustration of a terrorist act; and
(E) the number of such nonimmigrants who have failed
to report quarterly (as required under paragraph (3))
or who have been convicted of crimes in the United
States after the date of their admission as such a
nonimmigrant.
(l)(1) In the case of a request by an interested State
agency, or by an interested Federal agency, for a waiver of the
2-year foreign residence requirement under section 212(e) on
behalf of an alien described in clause (iii) of such section,
the Attorney General shall not grant such waiver unless--
(A) in the case of an alien who is otherwise
contractually obligated to return to a foreign country,
the government of such country furnishes the Director
of the United States Information Agency with a
statement in writing that it has no objection to such
waiver;
(B) in the case of a request by an interested State
agency, the grant of such waiver would not cause the
number of waivers allotted for that State for that
fiscal year to exceed 30;
(C) in the case of a request by an interested Federal
agency or by an interested State agency--
(i) the alien demonstrates a bona fide offer
of full-time employment at a health facility or
health care organization, which employment has
been determined by the Attorney General to be
in the public interest; and
(ii) the alien agrees to begin employment
with the health facility or health care
organization within 90 days of receiving such
waiver, and agrees to continue to work for a
total of not less than 3 years (unless the
Attorney General determines that extenuating
circumstances exist, such as closure of the
facility or hardship to the alien, which would
justify a lesser period of employment at such
health facility or health care organization, in
which case the alien must demonstrate another
bona fide offer of employment at a health
facility or health care organization for the
remainder of such 3-year period); and
(D) in the case of a request by an interested Federal
agency (other than a request by an interested Federal
agency to employ the alien full-time in medical
research or training) or by an interested State agency,
the alien agrees to practice primary care or specialty
medicine in accordance with paragraph (2) for a total
of not less than 3 years only in the geographic area or
areas which are designated by the Secretary of Health
and Human Services as having a shortage of health care
professionals, except that--
(i) in the case of a request by the
Department of Veterans Affairs, the alien shall
not be required to practice medicine in a
geographic area designated by the Secretary;
(ii) in the case of a request by an
interested State agency, the head of such State
agency determines that the alien is to practice
medicine under such agreement in a facility
that serves patients who reside in one or more
geographic areas so designated by the Secretary
of Health and Human Services (without regard to
whether such facility is located within such a
designated geographic area), and the grant of
such waiver would not cause the number of the
waivers granted on behalf of aliens for such
State for a fiscal year (within the limitation
in subparagraph (B)) in accordance with the
conditions of this clause to exceed 10; and
(iii) in the case of a request by an
interested Federal agency or by an interested
State agency for a waiver for an alien who
agrees to practice specialty medicine in a
facility located in a geographic area so
designated by the Secretary of Health and Human
Services, the request shall demonstrate, based
on criteria established by such agency, that
there is a shortage of health care
professionals able to provide services in the
appropriate medical specialty to the patients
who will be served by the alien.
(2)(A) Notwithstanding section 248(a)(2), the
Attorney General may change the status of an alien who
qualifies under this subsection and section 212(e) to
that of an alien described in section
101(a)(15)(H)(i)(b). The numerical limitations
contained in subsection (g)(1)(A) shall not apply to
any alien whose status is changed under the preceding
sentence, if the alien obtained a waiver of the 2-year
foreign residence requirement upon a request by an
interested Federal agency or an interested State
agency.
(B) No person who has obtained a change of status
under subparagraph (A) and who has failed to fulfill
the terms of the contract with the health facility or
health care organization named in the waiver
application shall be eligible to apply for an immigrant
visa, for permanent residence, or for any other change
of nonimmigrant status, until it is established that
such person has resided and been physically present in
the country of his nationality or his last residence
for an aggregate of at least 2 years following
departure from the United States.
(3) Notwithstanding any other provision of this
subsection, the 2-year foreign residence requirement
under section 212(e) shall apply with respect to an
alien described in clause (iii) of such section, who
has not otherwise been accorded status under section
101(a)(27)(H), if--
(A) at any time the alien ceases to comply
with any agreement entered into under
subparagraph (C) or (D) of paragraph (1); or
(B) the alien's employment ceases to benefit
the public interest at any time during the 3-
year period described in paragraph (1)(C).
(m)(1) An alien may not be accorded status as a nonimmigrant
under clause (i) or (iii) of section 101(a)(15)(F) in order to
pursue a course of study--
(A) at a public elementary school or in a publicly
funded adult education program; or
(B) at a public secondary school unless--
(i) the aggregate period of such status at
such a school does not exceed 12 months with
respect to any alien, and (ii) the alien
demonstrates that the alien has reimbursed the
local educational agency that administers the
school for the full, unsubsidized per capita
cost of providing education at such school for
the period of the alien's attendance.
(2) An alien who obtains the status of a nonimmigrant under
clause (i) or (iii) of section 101(a)(15)(F) in order to pursue
a course of study at a private elementary or secondary school
or in a language training program that is not publicly funded
shall be considered to have violated such status, and the
alien's visa under section 101(a)(15)(F) shall be void, if the
alien terminates or abandons such course of study at such a
school and undertakes a course of study at a public elementary
school, in a publicly funded adult education program, in a
publicly funded adult education language training program, or
at a public secondary school (unless the requirements of
paragraph (1)(B) are met).
(n)(1) A nonimmigrant alien described in paragraph (2) who
was previously issued a visa or otherwise provided nonimmigrant
status under section 101(a)(15)(H)(i)(b) is authorized to
accept new employment upon the filing by the prospective
employer of a new petition on behalf of such nonimmigrant as
provided under subsection (a). Employment authorization shall
continue for such alien until the new petition is adjudicated.
If the new petition is denied, such authorization shall cease.
(2) A nonimmigrant alien described in this paragraph is a
nonimmigrant alien--
(A) who has been lawfully admitted into the United
States;
(B) on whose behalf an employer has filed a
nonfrivolous petition for new employment before the
date of expiration of the period of stay authorized by
the Attorney General; and
(C) who, subsequent to such lawful admission, has not
been employed without authorization in the United
States before the filing of such petition.
(o)(1) No alien shall be eligible for admission to the United
States under section 101(a)(15)(T) if there is substantial
reason to believe that the alien has committed an act of a
severe form of trafficking in persons (as defined in section
103 of the Trafficking Victims Protection Act of 2000).
(2) The total number of aliens who may be issued visas or
otherwise provided nonimmigrant status during any fiscal year
under section 101(a)(15)(T) may not exceed 5,000.
(3) The numerical limitation of paragraph (2) shall only
apply to principal aliens and not to the spouses, sons,
daughters, siblings, or parents of such aliens.
(4) An unmarried alien who seeks to accompany, or follow to
join, a parent granted status under section 101(a)(15)(T)(i),
and who was under 21 years of age on the date on which such
parent applied for such status, shall continue to be classified
as a child for purposes of section 101(a)(15)(T)(ii), if the
alien attains 21 years of age after such parent's application
was filed but while it was pending.
(5) An alien described in clause (i) of section 101(a)(15)(T)
shall continue to be treated as an alien described in clause
(ii)(I) of such section if the alien attains 21 years of age
after the alien's application for status under such clause (i)
is filed but while it is pending.
(6) In making a determination under section
101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements
from State and local law enforcement officials that the alien
has complied with any reasonable request for assistance in the
investigation or prosecution of crimes such as kidnapping,
rape, slavery, or other forced labor offenses, where severe
forms of trafficking in persons (as defined in section 103 of
the Trafficking Victims Protection Act of 2000) appear to have
been involved, shall be considered.
(7)(A) Except as provided in subparagraph (B), an alien who
is issued a visa or otherwise provided nonimmigrant status
under section 101(a)(15)(T) may be granted such status for a
period of not more than 4 years.
(B) An alien who is issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(T) may extend the
period of such status beyond the period described in
subparagraph (A) if--
(i) a Federal, State, or local law enforcement
official, prosecutor, judge, or other authority
investigating or prosecuting activity relating to human
trafficking or certifies that the presence of the alien
in the United States is necessary to assist in the
investigation or prosecution of such activity;
(ii) the alien is eligible for relief under section
245(l) and is unable to obtain such relief because
regulations have not been issued to implement such
section; or
(iii) the Secretary of Homeland Security determines
that an extension of the period of such nonimmigrant
status is warranted due to exceptional circumstances.
(C) Nonimmigrant status under section 101(a)(15)(T) shall be
extended during the pendency of an application for adjustment
of status under section 245(l).
(p) Requirements Applicable to Section 101(a)(15)(U) Visas.--
(1) Petitioning procedures for section 101(a)(15)(u)
visas.--The petition filed by an alien under section
101(a)(15)(U)(i) shall contain a certification from a
Federal, State, or local law enforcement official,
prosecutor, judge, or other Federal, State, or local
authority investigating criminal activity described in
section 101(a)(15)(U)(iii). This certification may also
be provided by an official of the Service whose ability
to provide such certification is not limited to
information concerning immigration violations. This
certification shall state that the alien ``has been
helpful, is being helpful, or is likely to be helpful''
in the investigation or prosecution of criminal
activity described in section 101(a)(15)(U)(iii).
(2) Numerical limitations.--
(A) The number of aliens who may be issued
visas or otherwise provided status as
nonimmigrants under section 101(a)(15)(U) in
any fiscal year shall not exceed 10,000.
(B) The numerical limitations in subparagraph
(A) shall only apply to principal aliens
described in section 101(a)(15)(U)(i), and not
to spouses, children, or, in the case of alien
children, the alien parents of such children.
(3) Duties of the attorney general with respect to
``u'' visa nonimmigrants.--With respect to nonimmigrant
aliens described in subsection (a)(15)(U)--
(A) the Attorney General and other government
officials, where appropriate, shall provide
those aliens with referrals to nongovernmental
organizations to advise the aliens regarding
their options while in the United States and
the resources available to them; and
(B) the Attorney General shall, during the
period those aliens are in lawful temporary
resident status under that subsection, provide
the aliens with employment authorization.
(4) Credible evidence considered.--In acting on any
petition filed under this subsection, the consular
officer or the Attorney General, as appropriate, shall
consider any credible evidence relevant to the
petition.
(5) Nonexclusive relief.--Nothing in this subsection
limits the ability of aliens who qualify for status
under section 101(a)(15)(U) to seek any other
immigration benefit or status for which the alien may
be eligible.
(6) Duration of status.--The authorized period of
status of an alien as a nonimmigrant under section
101(a)(15)(U) shall be for a period of not more than 4
years, but shall be extended upon certification from a
Federal, State, or local law enforcement official,
prosecutor, judge, or other Federal, State, or local
authority investigating or prosecuting criminal
activity described in section 101(a)(15)(U)(iii) that
the alien's presence in the United States is required
to assist in the investigation or prosecution of such
criminal activity. The Secretary of Homeland Security
may extend, beyond the 4-year period authorized under
this section, the authorized period of status of an
alien as a nonimmigrant under section 101(a)(15)(U) if
the Secretary determines that an extension of such
period is warranted due to exceptional circumstances.
Such alien's nonimmigrant status shall be extended
beyond the 4-year period authorized under this section
if the alien is eligible for relief under section
245(m) and is unable to obtain such relief because
regulations have not been issued to implement such
section and shall be extended during the pendency of an
application for adjustment of status under section
245(m). The Secretary may grant work authorization to
any alien who has a pending, bona fide application for
nonimmigrant status under section 101(a)(15)(U).
(7) Age determinations.--
(A) Children.--An unmarried alien who seeks
to accompany, or follow to join, a parent
granted status under section 101(a)(15)(U)(i),
and who was under 21 years of age on the date
on which such parent petitioned for such
status, shall continue to be classified as a
child for purposes of section
101(a)(15)(U)(ii), if the alien attains 21
years of age after such parent's petition was
filed but while it was pending.
(B) Principal aliens.--An alien described in
clause (i) of section 101(a)(15)(U) shall
continue to be treated as an alien described in
clause (ii)(I) of such section if the alien
attains 21 years of age after the alien's
application for status under such clause (i) is
filed but while it is pending.
(q)(1) In the case of a nonimmigrant described in section
101(a)(15)(V)--
(A) the Attorney General shall authorize the alien to
engage in employment in the United States during the
period of authorized admission and shall provide the
alien with an ``employment authorized'' endorsement or
other appropriate document signifying authorization of
employment; and
(B) the period of authorized admission as such a
nonimmigrant shall terminate 30 days after the date on
which any of the following is denied:
(i) The petition filed under section 204 to
accord the alien a status under section
203(a)(2)(A) (or, in the case of a child
granted nonimmigrant status based on
eligibility to receive a visa under section
203(d), the petition filed to accord the
child's parent a status under section
203(a)(2)(A)).
(ii) The alien's application for an immigrant
visa pursuant to the approval of such petition.
(iii) The alien's application for adjustment
of status under section 245 pursuant to the
approval of such petition.
(2) In determining whether an alien is eligible to be
admitted to the United States as a nonimmigrant under section
101(a)(15)(V), the grounds for inadmissibility specified in
section 212(a)(9)(B) shall not apply.
(3) The status of an alien physically present in the United
States may be adjusted by the Attorney General, in the
discretion of the Attorney General and under such regulations
as the Attorney General may prescribe, to that of a
nonimmigrant under section 101(a)(15)(V), if the alien--
(A) applies for such adjustment;
(B) satisfies the requirements of such section; and
(C) is eligible to be admitted to the United States,
except in determining such admissibility, the grounds
for inadmissibility specified in paragraphs (6)(A),
(7), and (9)(B) of section 212(a) shall not apply.
(r)(1) A visa shall not be issued under the provisions of
section 101(a)(15)(K)(ii) until the consular officer has
received a petition filed in the United States by the spouse of
the applying alien and approved by the Attorney General. The
petition shall be in such form and contain such information as
the Attorney General shall, by regulation, prescribe. Such
information shall include information on any criminal
convictions of the petitioner for any specified crime described
in paragraph (5)(B) and information on any permanent protection
or restraining order issued against the petitioner related to
any specified crime described in subsection (5)(B)(i).
(2) In the case of an alien seeking admission under section
101(a)(15)(K)(ii) who concluded a marriage with a citizen of
the United States outside the United States, the alien shall be
considered inadmissible under section 212(a)(7)(B) if the alien
is not at the time of application for admission in possession
of a valid nonimmigrant visa issued by a consular officer in
the foreign state in which the marriage was concluded.
(3) In the case of a nonimmigrant described in section
101(a)(15)(K)(ii), and any child of such a nonimmigrant who was
admitted as accompanying, or following to join, such a
nonimmigrant, the period of authorized admission shall
terminate 30 days after the date on which any of the following
is denied:
(A) The petition filed under section 204 to accord
the principal alien status under section
201(b)(2)(A)(i).
(B) The principal alien's application for an
immigrant visa pursuant to the approval of such
petition.
(C) The principal alien's application for adjustment
of status under section 245 pursuant to the approval of
such petition.
(4)(A) The Secretary of Homeland Security shall create a
database for the purpose of tracking multiple visa petitions
filed for fiance(e)s and spouses under clauses (i) and (ii) of
section 101(a)(15)(K). Upon approval of a second visa petition
under section 101(a)(15)(K) for a fiance(e) or spouse filed by
the same United States citizen petitioner, the petitioner shall
be notified by the Secretary that information concerning the
petitioner has been entered into the multiple visa petition
tracking database. All subsequent fiance(e) or spouse
nonimmigrant visa petitions filed by that petitioner under such
section shall be entered in the database.
(B)(i) Once a petitioner has had two fiance(e) or spousal
petitions approved under clause (i) or (ii) of section
101(a)(15)(K), if a subsequent petition is filed under such
section less than 10 years after the date the first visa
petition was filed under such section, the Secretary of
Homeland Security shall notify both the petitioner and
beneficiary of any such subsequent petition about the number of
previously approved fiance(e) or spousal petitions listed in
the database.
(ii) To notify the beneficiary as required by clause (i), the
Secretary of Homeland Security shall provide such notice to the
Secretary of State for inclusion in the mailing to the
beneficiary described in section 833(a)(5)(A)(i) of the
International Marriage Broker Regulation Act of 2005 (8 U.S.C.
1375a(a)(5)(A)(i)).
(5) In this subsection:
(A) The terms ``domestic violence'', ``sexual
assault'', ``child abuse and neglect'', ``dating
violence'', ``elder abuse'', and ``stalking'' have the
meaning given such terms in section 3 of the Violence
Against Women and Department of Justice Reauthorization
Act of 2005.
(B) The term ``specified crime'' means the following:
(i) Domestic violence, sexual assault, child
abuse and neglect, dating violence, elder
abuse, stalking, or an attempt to commit any
such crime.
(ii) Homicide, murder, manslaughter, rape,
abusive sexual contact, sexual exploitation,
incest, torture, trafficking, peonage, holding
hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal
restraint, false imprisonment, or an attempt to
commit any of the crimes described in this
clause.
(iii) At least three convictions for crimes
relating to a controlled substance or alcohol
not arising from a single act.
* * * * * * *
----------
SECTION 118 OF THE TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT,
2001
Sec. 118. Hereafter, funds made available by this or any
other Act may be used to pay premium pay for protective
services authorized by section 3056(a) of title 18, United
States Code, without regard to the restrictions contained in
section 5547 of title 5, United States Code, except that such
premium pay shall not be payable to an employee to the extent
that the aggregate of the employee's basic and premium pay [for
the year would] for calendar years 2016, would exceed the rate
of basic pay payable for level III of the Executive Schedule,
and for any other year, would otherwise exceed the annual
equivalent of that limitation. The term premium pay refers to
the provisions of law cited in the first sentence of section
5547(a) of title 5, United States Code. Payment of additional
premium pay payable under this section may be made in a lump
sum on the last payday of the calendar year.
Compliance With Rule XIII, Clause 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, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Departmental Management and Operations
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
management and administration, including funds for reception
and representation expenses, salaries and benefits of
operational and mission support personnel, and operations and
maintenance necessary to sustain the daily effectiveness of
equipment and facilities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing for funds for
acquisition, construction, renovation, and improvement of
facilities as well as for maintenance, rehabilitation, lease
and operations of facilities and equipment.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for applied
scientific research, development, test, and evaluation; and for
Department-wide technology investment.
Analysis and Operations
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
information analysis and operations coordination activities,
including funding for official representation expenses.
Office of Inspector General
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the
Office of Inspector General as well as certain confidential
operational expenses, including the payment of informants.
Title I--Administrative Provisions
Language requiring the Chief Financial Officer to submit
monthly budget execution and staffing reports within 30 days
after the close of each month.
Language regarding grants or contracts awarded by means
other than full and open competition and requires the Inspector
General to review them and report the results to the
Committees.
Language requiring the Secretary to link award fees to
successful acquisition outcomes for all contracts that provide
for such fees.
Language requiring the Secretary of Homeland Security, in
conjunction with the Secretary of the Treasury, to notify the
Committees of any proposed transfers from the Department of the
Treasury Forfeiture Fund to any agency at DHS. No funds may be
obligated prior to such notification.
Language requiring DHS to submit the Comprehensive
Acquisition Status Report (CASR) with the budget request and
provide quarterly updates. All programs shall be displayed by
appropriation and PPA.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
OPERATIONS AND SUPPORT
The Committee includes language making funds available for
border security, immigration, customs, and agricultural
inspections and regulatory activities; air and marine
assistance to other law enforcement agencies and humanitarian
efforts; transportation of unaccompanied minor aliens; purchase
or lease of vehicles; maintenance, and procurement of marine
vessels, aircraft, unmanned aircraft systems; contracting with
individuals for personal services; Harbor Maintenance Fee
collections; official reception and representation expenses;
Customs User Fee collections; payment of rental space in
connection with preclearance operations; and compensation of
informants;
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvement of facilities and
equipment to include procurements to buy, maintain, or operate
aircraft and unmanned aircraft systems.
United States Immigration and Customs Enforcement
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
management and administration, including funds for reception
and representation expenses, salaries and benefits of
operational and mission support personnel, and the operation
and maintenance necessary to sustain the daily effectiveness of
equipment and facilities. The Committee includes language
making funds available for the civil enforcement of immigration
and customs laws, including the detention and removal of
immigration status violators; special operations; for
compensation to informants; for the facilitation of section
287(g); for the reimbursement of other Federal agencies for
certain costs; for a minimum number of detention bed spaces;
and, for the Visa Security Program. The Committee prohibits the
use of funds for the position of Public Advocate. 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.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
acquisition, construction, renovation, and improvement of
facilities as well as for maintenance, rehabilitation, lease
and operations of facilities and equipment.
Transportation Security Administration
OPERATIONS AND SUPPORT
The Committee includes language providing funds for civil
aviation security services, surface transportation security,
intelligence and vetting activities, and transportation
security support, and establishes conditions under which
security fees are collected and credited.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development.
Coast Guard
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.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
The Committee includes language providing funds for
environmental compliance and restoration of the Coast Guard.
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 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 a provision requiring a
capital investment plan for future appropriations years with
certain conditions.
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, 2018; 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
OPERATIONS AND SUPPORT
The Committee includes language that provides funds for the
purchase and replacement of vehicles; the hire of aircraft;
purchase of motorcycles; 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; 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.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing finds for
procurement, construction, and improvement of facilities.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development.
Title II--Administrative Provisions
Language regarding overtime compensation.
Language requiring the Border Patrol to maintain an active
duty force of 21,370 agents.
Language allowing CBP to increase operations in Puerto
Rico.
Language the transfer of aircraft and related equipment out
of CBP unless certain conditions are met.
Language amending a provision from Public Law 113-76
allowing for public-private partnerships.
Language directing the Secretary of Homeland Security to
prioritize the identification and removal of aliens convicted
of a crime by the severity of that crime.
Language affirming the legal authorities of ICE agents
during operations pertaining to aliens convicted of a crime.
Language the Secretary to reprogram and transfer funds
within and into ``United States Immigration and Customs
Enforcement--Operations and Support'' to ensure the detention
of aliens prioritized for removal.
Language prohibiting funds made available in this Act for
the position of Public Advocate, or a successor position,
within United States Immigration and Customs Enforcement.
Language prohibiting use of funds provided under the
heading ``Immigration and Customs Enforcement--Operations and
Support'' for the delegation of law enforcement authority under
the 287(g) program if the terms of the agreement governing the
delegation of authority have been materially violated.
Language prohibiting use of funds provided under the
heading ``Immigration and Customs Enforcement--Operations and
Support'' to contract for detention services if a facility
receives less than ``adequate'' ratings in two consecutive
performance evaluations.
Language prohibiting the obligation of hinds under
``Transportation Security Administration--Procurement,
Construction, and Improvements'', unless a certification is
made by the USM at least 15 days in advance.
Language clarifying that certain elected and appointed
officials are not exempt from federal passenger and baggage
screening.
Language that limits TSA screening personnel to 45,000 FTE,
not including part-time employees.
Language that directs TSA to award explosives detection
systems based on risk.
Language authorizing TSA to use funds from the Aviation
Security Capital Fund for the procurement and installation of
explosives detection systems or for other purposes authorized
by law.
Language requiring TSA to submit a report on TSA passenger
and baggage screening.
Language prohibiting the use of funds in abrogation of the
statutory requirement for TSA to monitor airport exit points.
Language prohibiting the use of funds made available by
this Act under the heading ``Coast Guard--Operating Expenses''
for recreational vessel expenses, except to the extent fees are
collected from owners of yachts and credited to this
appropriation.
Language withholding funds provided under the heading
``Coast Guard--Operating Expenses'', until a future-years
capital investment plan for fiscal years 2018 through 2022 is
submitted to the Committee.
Language allowing up to $10,000,000 to be reprogrammed to
or from ``Coast Guard, Operating Expenses, Military Pay and
Allowances''.
Language that recovered funds appropriated to ``Coast
Guard--Acquisition, Construction, and Improvements'' in prior
years for the 110-123 foot patrol boat conversion that are
recovered, shall be available for the Fast Response Cutter
program.
Language allowing the Secret Service to obligate funds in
anticipation of reimbursement for personnel receiving training.
Language prohibiting funds made available to the Secret
Service for the protection of the head of a federal agency
other than the Secretary of Homeland Security, except where the
Director has entered into an agreement.
Language limiting the opening of domestic and international
field offices by the Secret Service.
Language allowing for the reprogramming of funds provided
under the heading ``United States Secret Service--Operations
and Support''.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
management and administration, including funds for reception
and representation expenses, salaries and benefits of
operational and admission support personnel, and the operation
and maintenance necessary to sustain the daily effectiveness of
equipment and facilities. The Committee includes language
making funds available for cybersecurity activities and
infrastructure protection, of which certain funds are available
until September 30, 2018. The Committee includes language
making funds available until expended for the operations of the
Federal Protective Service. The Committee includes language
making funds available for Biometric Identity Management
operations.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
acquisition, construction, renovation, and improvement of
facilities as well as for maintenance, rehabilitation, lease
and operations of facilities and equipment.
RESEARCH AND DEVELOPMENT
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.
FEDERAL PROTECTIVE SERVICE
The Committee includes language making funds available
until expended for the operations of the Federal Protective
Service.
Federal Emergency Management Agency
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, renovation, and improvements.
FEDERAL ASSISTANCE
The Committee includes language making funds available
until expended for the Disaster Relief Fund. The Committee
includes language providing funds for management and
administration; predisaster mitigation grants, to be available
until expended; flood hazard mapping, including administrative
costs; programs and activities under the National Flood
Insurance Fund, including flood hazard mitigation and flood
plain management; grants, contracts, cooperative agreements,
and other activities, including for terrorism prevention,
public transportation and railroad security, port security;
firefighter assistance grants; emergency management performance
grants; education, training, exercises, and other programs; the
United States Fire Administration; and the emergency food and
shelter program.
Title III--Administrative Provisions
Language restricting obligations until a plan for
modernizing the biometric identity management system is
submitted.
Language limiting expenses for administration of FEMA
grants.
Language specifying timeframes for FEMA grant applications
and awards.
Language that addresses the availability of certain FEMA
grant funds for the installation of communications towers.
Language that requires FEMA grantees to provide reports on
the use of funds at the discretion of the Secretary.
Language that authorizes the use of funds for certain
purposes pertaining to FEMA training facilities.
Language that requires the submission of a monthly DRF
report.
Language regarding the availability of National Flood
Insurance Fund revenue.
Language that requires five day advance notification for
certain grant awards under ``FEMA--Federal Assistance''.
Language prohibiting the use of funds for the National
Preparedness Grant Program or any successor grant program
unless authorized by Congress.
Language allowing reimbursements for the costs of providing
humanitarian relief to unaccompanied alien children and to
alien adults and their minor children to be an eligible use for
certain Homeland Security grants.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
Citizenship and Immigration Services
OPERATIONS AND SUPPORT
The Committee includes language making fluids available for
the E-Verify program, permitting replacement of vehicles and
official reception and representation.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language making funds available for
the E-Verify program for procurement of and improvements to
physical and technological infrastructure.
Federal Law Enforcement Training Center
OPERATIONS AND SUPPORT
The Committee includes language making funds available for
official representation expenses; materials and support costs
of federal law enforcement basic training; 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.
Science and Technology
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support for science and technology research and
development, acquisition, and laboratory operations.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for science
and technology test and evaluation, acquisition, and
construction of laboratory facilities.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for science
and technology research and development, including advanced
research projects.
Chemical, Biological, Radiological, Nuclear, and Explosives Office
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
programs and operations in support of the detection, forensics,
and prevention of radiological and nuclear threats; and the
surveillance, detection, and response to chemical, biological,
and emerging infectious disease threats.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, renovation, and improvements.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development.
FEDERAL ASSISTANCE
The Committee includes language providing funds for
programs and operations in support of the detection, forensics,
and prevention of radiological and nuclear threats; and to
prevent, protect against, respond to, and mitigate bombing
incidents.
Title IV--Administrative Provisions
Language allowing USCIS to acquire, operate, equip, and
dispose of up to five vehicles under certain scenarios.
Language prohibiting USCIS from granting immigration
benefits unless the results of background checks are completed
prior to the granting of the benefit and the results do not
preclude the granting of the benefit.
Language prohibiting funds to expand or implement certain
deferred action programs while the injunctive order of Civ. No.
B-14-254 remains in effect.
Language limiting the use of A-76 competitions by USCIS.
Language making immigration examination fee collections
explicitly available for immigrant integration grants, not to
exceed $10,000,000, in fiscal year 2017 and allowing for
donations.
Language authorizing FLETC to distribute funds for incurred
training accreditation expenses.
Language authorizing FLETC to obligate funds in
anticipation of reimbursements for training, except total
obligation shall not exceed budgetary resources available at
the end of the fiscal year.
Language authorizing FLETC to accept transfers and
reimbursements from agencies for ongoing maintenance, minor
facility improvements, and related expenses.
Language amending section 1202(a) of Public Law 107-206.
Language directing the FLETC Director to ensure FLETC
training facilities are operated at capacity throughout the
fiscal year.
Language directing the FLETC Accreditation Board to lead
the federal law enforcement training accreditation process to
measure and assess federal law enforcement training programs,
facilities, and instructors.
Language establishing a ``Federal Law Enforcement Training
Center--Procurement, Construction, and Improvements''
appropriation account, and allowing for the acceptance of
transfers and reimbursements from government agencies into this
appropriation.
Language classifying FLETC instructor staff as inherently
governmental for certain considerations.
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, 2017, for obligation and deobligation of
funds. The Department's Secretary is permitted to transfer up
to $20,000,000 to address immigration emergencies
notwithstanding section 503 of this Act.
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 2017 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 from prior year appropriations for
Operations and Support or Operating Expenses shall remain
available through fiscal year 2018 subject to section 503
reprogramming requirements.
Language providing that finds for intelligence activities
are deemed to be specifically authorized during fiscal year
2017 until the enactment of an Act authorizing intelligence
activities for fiscal year 2017.
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 multiyear 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.
Language prohibiting funds being used in contravention of
the Buy American Act.
Language maintaining the use of the oath of allegiance
required by section 337 of the Immigration and Nationality Act.
Language prohibiting funding for any position designated as
a Principal Federal Official during a Stafford Act declared
disaster or emergency.
Language relating to S&T's use of other transactional
authority through fiscal year 2017.
Language requiring the Secretary to notify the Congress
within two business days of any request for a waiver for the
transport of oil from and to the Strategic Petroleum Reserve.
Language regarding prescription drugs.
Language prohibiting funds for the planning, testing,
piloting or developing a national identification card.
Language directing that any official required by this Act
to report or certify to the Committees on Appropriations may
not delegate any authority unless expressly authorized to do so
in this Act.
Language prohibiting the use of funds for the transfer or
release of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
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 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 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 funds for financial systems
modernization efforts across the Department.
Language requiring the Secretary to enforce existing
immigration laws.
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 regarding funding restrictions and reporting
requirements regarding conferences occurring outside of the
United States.
Language prohibiting the reimbursement of funds to any
federal department or agency for its participation in a NSSE.
Language regarding the availability of COBRA fee revenue.
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 requiring DHS to post Committee-required reports
on a DHS public website under certain circumstances.
Language prohibiting the collection of new land border fees
or the study of the imposition of such fees.
Language directing DHS fiscal year 2018 budget request and
accompanying justification material be reorganized to follow a
common appropriation structure, as specified.
Language related to the Arms Trade Treaty.
Language allowing CBP access to certain reimbursements for
preclearance activities.
Language regarding the obligation of finds in a common
appropriation structure.
Language related to the official travel of the Department's
Secretary and Deputy Secretary.
Language prohibiting funds from being used by DHS to
approve, license, facilitate, authorize, or allow the
trafficking or import of property confiscated by the Cuban
Government.
Language withholding funding from specified accounts until
certain fiscal year 2018 budget justification materials are
provided to the Committees in accordance with House Report 144-
215.
Language authorizing minor procurement, construction, and
improvements under ``Operations and Support'' appropriations,
as specified.
Language providing for the receipt and expenditure of fees
collected for the REPP, as authorized by Public Law 105-276.
Language amending section 118 of the Treasury and General
Government Appropriations Act, 2001, related to the overtime
pay for Secret Service agents.
Language directing the Secretary to submit a report on ICE
detention costs.
Language directing the Secretary to submit a classified
report, at the time of the President's fiscal year 2018 budget
proposal submission, on the relative threats, vulnerabilities,
and consequences from terrorist acts in eligible metropolitan
areas, as required in section 2003 of Public Law 110-53.
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 authorizing CBP to receive reimbursement for the
full cost of up to five CBP officers at up to five airports.
Language prohibiting the release from custody any alien
described in the Priority 1 or Priority 2 category in the
memorandum from the Secretary of Homeland Security dated
November 20, 2014.
Language amending 8 U.S.C. 1184(g)(9)(A).
Language rescinding unobligated balances from specified
programs.
Language rescinding specified funds from the Treasury
Forfeiture Fund.
Language rescinding unobligated balances from the FEMA DRF.
Language prohibiting new budget authority from exceeding
the budget allocation in fiscal year 2017.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1) of rule XIII of the House of
Representatives, the following table lists the appropriations
in the accompanying bill that are not authorized by law:
COMPARISON WITH BUDGET RESOLUTION
Section 308(a)(1)(A) of the Congressional Budget Act
requires the report accompanying a bill providing new budget
authority to contain a statement comparing the levels in the
bill to the suballocations submitted under section 302(b) of
the Act for the most recently agreed to concurrent resolution
on the budget for the applicable fiscal year. That information
is provided in the table headed ``Comparison of Reported Bill
to Section 302(b) Suballocation.''
[in millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) allocation Budget
-------------------------- Authority
Budget This bill ------------
Authority Outlays Outlays
----------------------------------------------------------------------------------------------------------------
General purpose discretionary............................... 41,055 46,894 41,050 \1\46,892
Disaster designation\2\..................................... 6,709 335 6,709 335
Mandatory................................................... 1,623 1,621 1,623 1,621
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior year authority.
\2\The bill includes amounts designated for disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985. Such amounts are a permissible adjustment authorized by that
Act as well as allowed for by the Congressional Budget Act of 1974.
FIVE YEAR OUTLAY PROJECTIONS
In compliance with section 308(a)(1)(B) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the following table contains five-year projections
associated with the budget authority provided in the
accompanying bill:
------------------------------------------------------------------------
Millions
------------------------------------------------------------------------
Outlays:
2017....................................... \1\28,472
2018....................................... 8,035
2019....................................... 5,345
2020....................................... 1,941
2021....................................... 4,652
------------------------------------------------------------------------
\1\Excludes outlays from prior year authority.
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
In accordance with section 308(a)(1)(C) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the financial assistance to State and local
governments is as follows:
------------------------------------------------------------------------
Millions
------------------------------------------------------------------------
Budget Authority............................... 5,886
Fiscal Year 2017 outlays resulting therefrom... \1\399
------------------------------------------------------------------------
\1\Excludes outlays from prior year authority.
PROGRAM DUPLICATION
No provision of this bill establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
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.
ADDITIONAL VIEWS
We thank the Subcommittee Chairman for engaging with us in
drafting this report and bill, and for keeping the bill focused
on the needs of the Department of Homeland Security, our
oversight responsibilities, and the needs of state and local
first responders. This Chairman's mark was a good example of
how the parties can find creative solutions to resolving
differences that at first glance might not seem reconcilable.
Unfortunately, the majority added partisan, poison-pill riders
in the Full Committee markup that make it impossible for us to
support the bill in its current form. We hope that as the
legislative process moves forward we can continue to work
toward crafting a bill the President will sign.
FUNDING PRIORITIES
The bill addresses several bipartisan and Democratic
priorities, including maintaining the current funding levels
for all first responder and anti-terrorism grants. It also
provides a targeted increase for the Office for Civil Rights
and Civil Liberties to address a rising number of compliance
cases and for continued oversight of DHS partnerships with
state and local law enforcement agencies. In addition, the bill
increases funding for critical Coast Guard acquisitions;
provides funding above the request for retention initiatives of
the Secret Service; provides additional funding for ICE
investigations into child exploitation; and restores funding
for Centers of Excellence.
The current year funding level is continued for the
Emergency Food and Shelter Program (EFSP) at $120,000,000, and
the proposed authority to transfer EFSP to the Department of
Housing and Urban Development (HUD) is again omitted. Instead,
the Committee continues to make clear that any future program
transfer proposal should be proposed directly through the HUD
budget and be premised on consultation with program
stakeholders, appropriate justification, and a fully developed
plan for transition.
DEPARTMENTAL MANAGEMENT
We continue to be full partners in the Chairman's efforts
to push the Department to develop and institutionalize more
rigorous, consistent, and comprehensive processes for planning,
budgeting, acquisition, evaluation, joint requirements, hiring,
and operational coordination. This focus on institutional
capacity building has already paid dividends for the Department
and is critically important for the Committee's oversight role.
PRE-DISASTER MITIGATION
Although the bill provides the requested funding for Pre-
Disaster Mitigation (PDM) grants, which help reduce the impacts
of future disasters and future costs to the Disaster Relief
Fund, it cuts the program by $45.5 million below the fiscal
year 2016 level. We hope that funding for this important
program can be restored before the bill is enacted into law.
DHS HEADQUARTERS CONSOLIDATION
The bill fails to provide the requested funding level for
the DHS headquarters consolidation project, which is already
under construction on the St. Elizabeths campus in Southeast
Washington, DC. Last year, the Department revised its plan for
St. Elizabeths to consolidate the footprint, reduce costs, and
accelerate the construction schedule. We have passed the point
of no return on this project. In fact, we are now at the phase
that will lead to the most savings by allowing components to
move from expensive, leased spaces to the new consolidated
headquarters campus. On both fiscal grounds and to improve the
cohesiveness of DHS operations, we must continue to make
progress on the headquarters project.
CYBERSECURITY
Unfortunately, the funding level for government-wide
cybersecurity activities and acquisitions is underfunded in the
bill by more than $100 million, a direct result of the
subcommittee's limited allocation for Defense function
programs. To ensure that upgrades to federal cyber networks are
deployed on time, the subcommittee's Defense function will need
to be significantly increased before the bill is enacted.
AVAILABILITY OF REPRODUCTIVE HEALTH SERVICES FOR WOMEN
Over strong Democratic objections, the Full Committee once
again adopted an unnecessary amendment regarding the
availability of reproductive health services for women detained
by ICE. These 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 2011 Performance Based National
Detention Standards.
While many of us believe that those restrictions are
excessive and unnecessary, we again fail to see the point of
interjecting this divisive issue on a Homeland Security funding
bill.
Before a similar amendment was offered four 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.
TEMPORARY WORK VISAS
The Committee also adopted an amendment to continue an
authorizing provision from the fiscal year 2016 bill to
effectively increase the annual cap on H-2B temporary worker
visas by up to 300 percent. While we were concerned about the
inclusion of this provision in the fiscal year 2016 bill, there
was an understanding that it was a one-time effort intended to
help employers adjust to changes in program requirements
promulgated by the Department of Labor and the Department of
Homeland Security. Not only is it a year later, but the fiscal
year 2016 omnibus included other riders that undermined the
very changes to the program this provision was intended to help
mitigate.
While there are legitimate concerns about the Department of
Labor's ability to efficiently process labor certifications,
there are also concerns as to whether the H-2B program is
working as intended, tinder the program, employers must attest
that they will offer wages that equal or exceed the higher of
the prevailing wage or minimum wage. They must also demonstrate
they have attempted to fill jobs with U.S. workers.
According to Department of Labor data, however, the average
wage in 2014 for H-2B landscaping jobs--which represent the
lion's share of H-2B visas--was actually between $2.59 and
$3.37 per hour less than the average wage for all landscaping
workers. Furthermore, this was at a time when the average
unemployment rate for the landscaping industry was 12.7
percent. This program has all the signs of distorting the labor
market to the detriment of American workers.
The Committee should not continue to interfere in what is
clearly an authorizing issue. If the H-2B visa cap is too low,
then Congress should directly raise it.
IMMIGRATION DETENTION AND ENFORCEMENT
It is unfortunate that the bill continues a provision
setting an arbitrary minimum number for available ICE detention
beds, which limits ICE's flexibility to use cheaper,
alternative forms of supervision when appropriate. We should
leave ICE law enforcement personnel with the discretion to make
detention determinations that are consistent with legal
requirements.
Instead of detention, we should use less costly, non-
detention forms of supervision, such as the Alternatives to
Detention program, or release on bond or parole. While recent
reforms instituted by the Department to release families
seeking asylum are encouraging, the real solution is to
eliminate family detention entirely.
It is all the more unfortunate, therefore, that the
Committee again adopted an amendment that would prohibit ICE
from releasing from custody any individual that falls into the
Priority 1 and 2 enforcement categories, as defined in the
Secretary's memo of November 14, 2014, entitled ``Policies for
the Apprehension, Detention, and Removal of Undocumented
Immigrants.''
Entirely eliminating ICE's discretion to prioritize who to
detain is simply bad immigration enforcement policy and
misguided on humanitarian grounds. The Priority 1 and 2
categories do not solely include individuals with criminal
histories. Of the Priority 1 and 2 individuals apprehended,
nearly half have no criminal histories, including recent border
crossers and individuals apprehended in the interior of the
country who cannot establish their presence in the United
States prior to January 2014.
We do not argue that these individuals should not be placed
in removal proceedings, which the law requires. The amendment
adopted in Committee, however, attempts to entirely foreclose
the possibility of release on alternatives to detention or
another form of supervised release for everyone who recently
crossed the border, including families with children and
everyone in the process of seeking asylum in the United States.
We should not remove all discretion from ICE's hands in
deciding who should be detained, without regard for mitigating
circumstances or consideration of the impact on ICE's
enforcement activities.
Other problems with this amendment are that:
It is in conflict with the authority of
Immigration Judges to order the release of particular
individuals on bond or other forms of supervision.
It is in direct conflict with the Zadvydas
v. Davis Supreme Court decision, which constitutionally
limits ICE's ability to detain individuals beyond a
certain time period unless there is a significant
likelihood of removal in the foreseeable future.
It is in conflict with a U.S. District
Court ruling regarding ICE's Flores Settlement
Agreement, which prohibits the long-term detention of
most children accompanied by family when apprehended at
the border.
It could put ICE in the position of being
unable to apprehend fugitive aliens or take custody of
individuals from state and local law enforcement
agencies under the PEP program because of a lack of
detention space.
For field offices located in the 9th
Circuit Court area of jurisdiction, it is in direct
conflict with the Rodriguez v. Robbins decision, under
which detainees can request release on bond from an
immigration judge after 180 days in custody.
There is no disagreement that those who pose a danger to
the community should remain in custody, and that is clearly
ICE's current policy and practice. But ICE detention is civil
detention--it is not intended to be a punishment. In
particular, individuals and families who come to the United
States fleeing violence and persecution should have the
opportunity to seek asylum without being further traumatized by
unnecessary incarceration. This amendment was a poison pill,
and its adoption is further proof that the Majority would
rather engage in politics than work together to pass a
predominantly bipartisan 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 responsibly sustain
our frontline homeland security operations while holding the
Department accountable for its performance. However, because
the majority attached poison pill riders at Full Committee mark
up, we can no longer offer our support for the bill.
Nita M. Lowey.
Lucille Roybal-Allard.