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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.

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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.

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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.

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                              ----------                              


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).

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                              ----------                              


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.