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115th Congress    }                                         {    Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                         {   115-948

======================================================================



 
       DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2019

                                _______
                                

 September 12, 2018.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Yoder of Kansas, from the Committee on Appropriations, submitted 
                             the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 6776]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2019.

                        INDEX TO BILL AND REPORT

                                                            Page number

                                                            Bill Report
TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, 
    AND OVERSIGHT
        Office of the Secretary and Executive Management...     2
                                                                      6
                Operations and Support.....................     2
                                                                      6
        Management Directorate.............................     2
                                                                     10
                Operations and Support.....................     2
                                                                     10
                Procurement, Construction, and Improvements     2
                                                                     13
                Research and Development...................     3
                                                                     14
        Intelligence, Analysis, and Operations Coordination     3
                                                                     14
                Operations and Support.....................     3
                                                                     14
        Office of Inspector General........................     3
                                                                     15
                Operations and Support.....................     3
                                                                     15
        Administrative Provisions..........................     4
                                                                     16
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
        U.S. Customs and Border Protection.................     5
                                                                     16
                Operations and Support.....................     5
                                                                     18
                Procurement, Construction, and Improvements     7
                                                                     26
        U.S. Immigration and Customs Enforcement...........     7
                                                                     27
                Operations and Support.....................     7
                                                                     28
                Procurement, Construction, and Improvements     8
                                                                     34
        Transportation Security Administration.............     8
                                                                     34
                Operations and Support.....................     8
                                                                     35
                Procurement, Construction, and Improvements     9
                                                                     37
                Research and Development...................     9
                                                                     38
        Coast Guard........................................    10
                                                                     38
                Operations and Support.....................    10
                                                                     39
                Procurement, Construction, and Improvements    10
                                                                     41
                Research and Development...................    11
                                                                     44
                Environmental Compliance and Restoration...    12
                                                                     44
                Health Care Fund Contribution..............
                                                                     44
                Retired Pay................................    12
                                                                     45
        United States Secret Service.......................    12
                                                                     45
                Operations and Support.....................    12
                                                                     45
                Procurement, Construction, and Improvements    13
                                                                     46
                Research and Development...................    14
                                                                     47
        Administrative Provisions..........................    14
                                                                     47
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
        National Protection and Programs Directorate.......    22
                                                                     48
                Operations and Support.....................    22
                                                                     49
                Federal Protective Service.................    23
                                                                     52
                Procurement, Construction, and Improvements    23
                                                                     52
                Research and Development...................    23
                                                                     53
        Federal Emergency Management Agency................    23
                                                                     54
                Operations and Support.....................    23
                                                                     54
                Procurement, Construction, and Improvements    24
                                                                     55
                Federal Assistance.........................    24
                                                                     56
                Disaster Relief Fund.......................    27
                                                                     58
                National Flood Insurance Fund..............    28
                                                                     60
        Administrative Provisions..........................    30
                                                                     60
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
        U.S. Citizenship and Immigration Services..........    33
                                                                     60
                Operations and Support.....................    33
                                                                     61
                Procurement, Construction, and Improvements    33
                                                                     62
        Federal Law Enforcement Training Centers...........    33
                                                                     62
                Operations and Support.....................    33
                                                                     62
                Procurement, Construction, and Improvements
                                                                     63
        Science and Technology Directorate.................    34
                                                                     63
                Operations and Support.....................    34
                                                                     64
                Research and Development...................    34
                                                                     65
        Countering Weapons of Mass Destruction Office......    34
                                                                     68
                Operations and Support.....................    34
                                                                     68
                Procurement, Construction, and Improvements    34
                                                                     69
                Research and Development...................    35
                                                                     69
                Federal Assistance.........................    35
                                                                     70
        Administrative Provisions..........................    35
                                                                     70
TITLE V--GENERAL PROVISIONS
        This Act...........................................    39
                                                                     71
                Compliance with House Rules................
                                                                    124
                Tables.....................................
                                                                    141

                                Overview

    March 1, 2018, marked the fifteenth anniversary for the 
U.S. Department of Homeland Security (DHS). While DHS is the 
youngest Department, it is comprised of agencies that date back 
to the late 1700s with a mission and footprint that stretches 
beyond every U.S. state and territory. The Committee's 
recommendation of $58,087,000,000 in discretionary funding 
prioritizes the programs and activities of the Department that 
keep the Homeland safe by securing our borders, enhancing 
critical national security efforts, and responding to 
disasters.
    The Committee's recommendation reflects smart investments 
that will have immediate and long-term impacts on the security 
of the homeland.
          1. The bill includes $5,000,000,000 for new border 
        technology and the construction of over 200 miles of 
        new barriers to fill critical gaps along our southwest 
        border. This provides the Border Patrol with necessary 
        tools to achieve operational control of our borders. 
        Additionally, $223,000,000 is provided to improve drug 
        interdiction capabilities for U.S. Customs and Border 
        Protection (CBP), including initiating efforts towards 
        achieving 100 percent scanning of all vehicles, cargo, 
        and pedestrians coming through southwest border land 
        ports of entry by 2025.
          2. The bill provides $125,897,000 to support the 
        fight against the opioid epidemic and stop the flow of 
        illegal drugs into this country.
          3. The bill provides enhancements to aviation 
        security including an additional $7,260,000 for 50 new 
        Transportation Security Administration (TSA) canine 
        teams and an increase of $20,000,000 for new computed 
        tomography (CT) systems to screen carry-on baggage.
          4. The bill provides $7,620,209,000, $27,071,000 
        above the request for Coast Guard operations that 
        protect our coastlines and inland waterways. Coast 
        Guard procurement funding includes the acquisition of 
        an HC-130J long range surveillance aircraft, two 
        additional Fast Response Cutters for a total of six, 
        construction for a second Offshore Patrol Cutter, and 
        necessary post-delivery activities for the ninth 
        National Security Cutter.
          5. The bill includes $1,153,873,000 to secure, 
        monitor, detect, prevent, and respond to cybersecurity 
        attacks against the entire federal government and the 
        nation's critical infrastructure sectors, such as 
        election infrastructure, and to advance our defenses by 
        investing in related research and development programs.
          6. The bill provides critical resources to support 
        the Federal Emergency Management Agency's (FEMA) 
        disaster response and recovery efforts and to improve 
        state and local preparedness for all hazards, including 
        $3,356,525,000 for grants and training programs that 
        directly support state and local governments and first 
        responders.
    Public Law 115-31 required CBP to provide a risk-based plan 
for improving security along the borders of the United States, 
including the use of personnel, fencing, other forms of 
tactical infrastructure, and technology. On January 4, 2018, 
CBP submitted their analysis, the ``Border Security Improvement 
Plan,'' to the Committee. This comprehensive analysis was 
informed directly by the men and women on the frontlines. The 
plan focused on their understanding of the current border 
threat, how best to strengthen our law enforcement posture at 
the border, and ways to increase CBP's ability to swiftly 
address border security risks.
    As a part of this analysis, the U.S. Border Patrol (USBP) 
provided an overview of the capabilities needed to obtain 
operational control, as directed both in law and Executive 
Order. Specifically, USBP provided an assessment of the roughly 
2,000 miles of U.S.-Mexico border through its robust 
requirements management process, the Capability Gap Analysis 
Process, to identify the need for impedance and denial 
capabilities to achieve operational control detailing location, 
types of infrastructure, and costs to execute the program. As 
with any law enforcement organization, it is important to 
ensure that agents and officers are fully equipped with the 
tools they need to be successful and keep their communities 
safe; in this instance the recommended tools, identified by the 
agents who know best, include both physical barriers and 
technology. This bill provides $5,000,000,000 in technology and 
physical barriers for the most urgent areas identified by CBP.
    The recommendation also includes $223,000,000 above the 
request for CBP to stop the entry of illicit goods and 
narcotics at our ports of entry through initiating efforts to 
achieve 100 percent non-intrusive inspection (NII) coverage 
along our southwest border by 2025. CBP is currently using NII 
assets in a targeted approach, but the reality is that many of 
these drugs continue northbound through the interior of the 
U.S., gaining value as they reach their destination into the 
homeland, onto American streets, and into U.S. homes. The 
combination of both border infrastructure and technology will 
provide CBP with more of the tools it desperately needs to 
combat the smuggling of illicit goods, narcotics, and humans 
being into the country.
    The United States is a nation of immigrants that values 
diversity and welcomes those in need. We also have an 
obligation to enforce the laws that protect the integrity of 
our borders, along with those that grant asylum to people found 
eligible. We cannot help every foreign national who may want or 
deserve it, but all individuals and families who come to our 
borders, including those who cross them illegally, deserve to 
be treated humanely and with respect while in the custody of 
the Department of Homeland Security. The Committee has included 
direction throughout this report to address these issues.
    The security of our borders and the safety and well-being 
of those fleeing persecution abroad are both better served when 
asylum-seekers present their claim at a port of entry (POE). 
Crossing the border between the POEs is illegal, funds the 
ongoing operations of criminal organizations, and exposes 
people to unnecessary risks, with hundreds losing their lives 
each year attempting to traverse the harsh environments along 
many segments of the southern border. Throughout this bill, 
strong funding is included to stop the illegal entry of both 
humans and drugs at and between the POEs. In addition, DHS 
shall take appropriate steps to ensure that the United States 
is meeting its legal obligations, to include reminding field 
officers and agents about CBP's legal responsibilities to 
ensure that asylum seekers can enter at POEs. CBP shall notify 
the Committee within 24 hours of any instance when holding 
facility limitations or other factors impede its ability to 
promptly accept and process individuals claiming credible or 
reasonable fear, including a description of its efforts to 
mitigate those limitations or factors.
    The Committee directs the Secretary to ensure that persons 
detained by DHS are able to make phone calls, at no cost or at 
a reasonable, fair market cost, to include any state, local, 
territorial, tribal, or private entity who is detaining such 
persons per an agreement with DHS. All facilities should also 
allow detainees to access the ICE pro bono platform provided by 
ICE's phone provider that allows for free calls to courts, 
consulates, and free legal service providers.
    The William Wilberforce Trafficking Victims Protection 
Reauthorization Act (TVPRA) requires cooperation between the 
Department of Homeland Security and the Department of Health 
and Human Services (HHS) to ensure the safety of Unaccompanied 
Alien Children (UACs). Current Memoranda of Agreement (MOAs) 
between the two Departments codify the intention for 
cooperation and outline the processes for that cooperation to 
protect the well-being of the UAC. The ongoing coordination 
between DHS and HHS has already prevented children from being 
placed in the care of adults with serious criminal histories 
that include kidnapping, murder, and human smuggling. The 
Department must continue to exercise due diligence while 
ensuring that the children are released into the safe care of a 
parent or sponsor as expeditiously as is possible.
    At the peak of the historic disaster season in 2017, nearly 
85 percent of all FEMA employees were deployed to support 
disasters. In the wake of this unprecedented level of disaster 
response activity, Congress passed three supplemental 
appropriations bills totaling $49,570,000,000 to replenish 
FEMA's Disaster Relief Fund (DRF), supporting frontline 
personnel and ensuring robust response and recovery for these 
catastrophic events. The recommendation includes $7,210,000,000 
for the DRF to pay for ongoing, long-term recovery operations 
for past disasters, and to fund projected needs for future 
disasters in fiscal year 2019.
    Congress must have access to timely, accurate information, 
particularly as it relates to the implementation of new 
policies in order to exercise appropriate oversight. The 
Committee directs DHS to review all guidelines associated with 
the release of information to Congress, the media, and the 
public; continue to post all policies and guidelines that may 
be of interest to the public on the agency's website; and 
continue--or expand as practicable--data collection that more 
effectively detects and deters abuse, strengthens 
accountability, and ensures the effective use of limited 
resources.
    This bill does not include any fee increases proposed in 
the budget request. Budget proposals to replace discretionary 
funding with fee revenue place important programs at 
unnecessary risk when those proposals require authorizing 
legislation that is unlikely to be enacted. In the future, the 
Department is urged to advocate for sufficient discretionary 
funds to carry out its critical mission.

                                Summary

    The Committee recommendation includes $58,087,000,000, 
including $51,435,000,000 within the bill's 302(b) budget 
allocation, and $6,652,000,000 as a budget cap adjustment for 
disaster relief. Title I contains funds for departmental 
management activities. Title II ensures the Department's 
frontline operational components have the resources to carry 
out effectively their security, enforcement, and investigative 
missions. Title III includes funds necessary to prepare for, 
respond to, and recover from disasters and cyber-attacks on the 
population or the nation's critical infrastructure. Title IV 
supports law enforcement training; citizenship, immigration, 
and employment eligibility verification services; efforts to 
counter chemical, biological, radiological, and nuclear 
attacks; and research and development functions. Title V 
includes basic general provisions for oversight, reprogramming 
guidance, transfer authority, reporting requirements, and 
funding limitations.

    TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND 
                               OVERSIGHT


                                Mission

    The mission of Departmental Management, Operations, 
Intelligence, and Oversight is to provide leadership and 
services to DHS components, formulate policy guidance and 
directives, collect and disseminate intelligence, and maintain 
visibility on all DHS operations. The Office of the Secretary, 
the executive management offices, and the Management 
Directorate support departmental efforts to achieve strategic 
goals and to deliver quality administrative support services 
for human resources; manage facilities, property, equipment, 
and other material resources; ensure safety, health, and 
environmental protection; and identify and track performance 
measurements relating to DHS missions.

            Office of the Secretary and Executive Management

    The Office of the Secretary and Executive Management (OSEM) 
provides policy guidance to operating bureaus within the 
organization; plans and executes departmental strategies to 
accomplish agency objectives; and provides leadership to the 
Department.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2018.......................      $139,602,000
Budget request, fiscal year 2019......................       128,860,000
Recommended in the bill...............................       139,926,000
Bill compared with:
    Appropriation, fiscal year 2018...................          +324,000
    Budget request, fiscal year 2019..................       +11,066,000
 

    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request      Recommended
------------------------------------------------------------------------
Operations and Support
    Office of the Secretary.......        $17,874,000        $17,784,000
    Office of Policy..............         34,683,000         38,483,000
    Office of Public Affairs......          5,085,000          5,085,000
    Office of Legislative Affairs.          4,992,000          4,992,000
    Office of Partnership and              12,656,000         14,294,000
     Engagement...................
    Office of General Counsel.....         19,463,000         19,463,000
    Office for Civil Rights and            20,825,000         25,071,000
     Civil Liberties..............
    Office of the Citizenship and           5,879,000          6,200,000
     Immigration Services
     Ombudsman....................
    Privacy Office................          7,403,000          8,464,000
                                   -------------------------------------
        Total, Operations and            $128,860,000       $139,926,000
         Support..................
------------------------------------------------------------------------

                        Office of the Secretary

    The Committee directs the Department to continue quarterly 
briefings on Joint Requirements Council activities.
    The Committee is closely attuned to how the heroin and 
opioid epidemic is challenging our emergency response 
capacities and overall national security. In particular, police 
and first responders are inundated and put at great risk. The 
surge in drug consumption and its ancillary effects include 
more than 66,000 deaths in 2017 alone and have cost the U.S. 
more than $1 trillion dollars since 2001, with projected costs 
of another $500,000,000,000 over the next three years. DHS is 
directed to brief the Committee on how the Department can offer 
wider support, particularly monetarily, to those who are 
responsible for protecting our citizens.
    Not later than 30 days after the date of enactment of this 
Act, the Department is directed to provide a report to the 
Committee for fiscal year 2018, by quarter, on the total number 
of referrals for prosecution of individuals who illegally 
crossed a U.S. land border compared to the total number of 
apprehensions; the number of such referrals accepted by the 
Department of Justice (DOJ); the nationality and gender of 
those referred and those accepted for prosecution; the number 
of such individuals claiming credible or reasonable fear while 
in DHS or DOJ custody; and the number of such individuals who 
receive a positive fear determination from United States 
Citizenship and Immigration Services (USCIS).
    The Department is directed to provide a report to the 
Committee, not later than 30 days after the date of enactment 
of this Act, on its policies related to the separation of minor 
children from their parents or legal guardians while in DHS 
custody. The report should discuss policies in effect both 
prior and subsequent to the implementation of Executive Order 
13841, and shall include a description of any guidance to field 
personnel on implementation of such policies; a description of 
the process for reuniting families that are separated as a 
result of the prosecution of an adult family member; data on 
the number of separations during fiscal year 2018 as a result 
of the prosecution of a parent or legal guardian due to medical 
necessity, in the interest of the immediate safety of the 
child, or due to fraudulent family relationship or guardianship 
claims; a description of how DHS determines the validity of 
family relationship or guardianship claims; and an assessment 
of how that process could be improved, including the 
feasibility of using rapid-DNA testing with appropriate privacy 
protections.
    The Department shall only separate a child from a parent if 
the parent has a criminal history, a communicable disease, or 
is determined to be unfit or a danger to the child. DHS is 
directed to ensure, when appropriate and feasible, that 
separated family units are reunited and transferred together 
prior to removal, release from CBP custody, or transfer to ICE 
custody. ICE is expected to ensure that individuals being 
transferred from CBP to ICE custody, in ICE custody, or under 
ICE supervision have opportunities to report family separations 
and to verify the status, location, and disposition of family 
members, and to regularly communicate with one another by phone 
or video conference. The Committee is aware that DHS is 
complying with U.S. District Court Instruction requiring the 
federal government to pay the costs of such communications, as 
well as the costs of family reunification.
    Recent developments in contactless fingerprinting enable 
rapid capture of fingerprints that can be shared interoperably 
with legacy fingerprinting systems. The Committee directs the 
Department to provide, within 60 days of the date of enactment 
of this Act, a briefing on the cost and feasibility of using a 
contactless fingerprint technology as part of the exit tracking 
system, including a comparison of those costs to other options 
for gathering the same type of biometric information.
    The Committee directs the Department to report 
semiannually, beginning not later than 90 days after the date 
of enactment of this Act, on the activities of ICE and USCIS to 
implement the recommendations of OIG-16-130, including the 
incremental cost of those activities; FTE devoted to the 
effort; criteria and methodology for reviewing and making 
determinations on potential denaturalization cases; number of 
records reviewed; number of cases subject to in-depth review 
for potential denaturalization, including whether such were 
cases investigated outside the scope of the recommendations of 
OIG-16-130, number of cases referred to the Justice Department 
for denaturalization proceedings, delineated by cases that were 
identified by the OIG for review and those that were not so 
identified; countries of origin of the individuals whose cases 
were subject to in-depth review and for Justice Department 
referral; and a compilation of the infractions underlying 
referrals to the Justice Department.

                            Office of Policy

    The Committee supports the Office of Policy's continuation 
of the Immigration Data Integration Initiative, and recommends 
$5,000,000 for this purpose. This initiative supports 
departmental efforts directed by the Committees on 
Appropriations in prior years based on bipartisan, bicameral 
concerns about the inability of the Department to provide 
timely reporting of border security and immigration enforcement 
data. Such data is important for informing component operations 
and for providing oversight. Specifically, the initiative will 
enable DHS to develop uniform immigration data standards; 
provide stakeholders with real- or near real-time access to 
relevant data; ensure that immigration records are fully linked 
across DHS and other federal agency data systems; and meet 
transparency requirements directed by the Committees on 
Appropriations and under recent Executive Orders and 
Presidential Memoranda on border security, interior 
enforcement, and preventing terrorist travel.

                  Office of Partnership and Engagement

    The Department shall continue to provide semi-annual 
updates on the work of the Public Complaint and Feedback System 
Working Group, as described in the explanatory statement 
accompanying Public Law 115-141.
    The Department should continue to provide assistance, as 
appropriate, to state police crime labs to ensure that federal 
requirements do not burden state resources. DHS shall continue 
to report annually on its use of and partnerships with state 
crime labs, including funding associated with such use and 
partnerships, and should fully reimburse the state crime labs 
it uses. The Committee notes that the Department's partnerships 
with crime labs are particularly important in border states.
    The Committee directs DHS to provide, not later than 90 
days after the date of enactment of this Act, a briefing on the 
programs and activities of the Office of Terrorism Prevention 
Partnerships, including its efforts to combat domestic 
extremism and terrorist radicalization and recruitment.
    The Committee encourages interagency coordination between 
DHS and other agencies when developing school safety reports.
    The Blue Campaign, a department-wide initiative to combat 
human trafficking, has historically been funded through end-of-
year contributions from components and detailed personnel, an 
approach that is not appropriate for the program's long-term 
sustainment. The fiscal year 2018 DHS Appropriations Act 
included direct funding of $819,000 for the Blue Campaign to 
support dedicated personnel and to begin transitioning the 
program away from a reliance on component contributions. 
Unfortunately, the fiscal year 2019 request proposed no direct 
funding for the program despite continued congressional support 
for it. The Committee recommends $1,638,000 in continued direct 
funding for personnel and directs the Secretary to sustain the 
program at not less than its total fiscal year 2016 level of 
$5,150,000 in fiscal year 2018 and fiscal year 2019, using 
component contributions to cover non-personnel program costs. 
DHS should account for and propose full, direct funding for the 
program in the justification materials that accompany future 
budget submissions, as directed in the explanatory statement 
accompanying Public Law 115-31. Additionally, DHS in 
coordination with the Federal Aviation Administration, shall 
identify ways to appropriately strengthen oversight of training 
on human trafficking for airline personnel and explore the 
viability of in-person training to complement online training. 
The Department shall, not later than 180 days after the date of 
enactment of this Act, report back to the Committee with its 
findings.
    The Committee directs the Department, within 90 days of the 
date of enactment of this Act, to provide a briefing on the 
implementation and oversight of DHS Policy Directive 047-02, 
related to the use of cell-site simulators by the Department 
and its state and local partners.

              Office for Civil Rights and Civil Liberties

    A total of $25,071,000 is provided for the Office for Civil 
Rights and Civil Liberties (CRCL), of which at least $750,000 
is for an enhancement to the Compliance Branch. CRCL shall 
ensure that all individuals whose complaints it investigates 
receive information within 30 days of the completion of an 
investigation regarding the outcome of such complaints, as 
appropriate, including findings of fact, findings of law, and 
available remedies.

      Office of the Citizenship and Immigration Services Ombudsman

    The Office of the Citizenship and Immigration Services 
Ombudsman is funded above the request at $6,200,000 and the 
Privacy Office is funded above the request at $8,464,000, to 
support the current services level of activity for both 
offices.

                         Management Directorate


 
 
 
Appropriation, fiscal year 2018.......................      $742,411,000
Budget request, fiscal year 2019......................     1,083,318,000
Recommended in the bill...............................       922,993,000
Bill compared with:
    Appropriation, fiscal year 2018...................      +180,582,000
    Budget request, fiscal year 2019-.................      -160,325,000
 

                                Mission

    The mission of the Management Directorate is to provide 
policy, guidance, operational oversight and support, and 
management solutions for the Department.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2018.......................      $710,297,000
Budget request, fiscal year 2019......................       834,704,000
Recommended in the bill...............................       845,528,000
Bill compared with:
     Appropriation, fiscal year 2018..................      +135,231,000
    Budget request, fiscal year 2019..................       +10,824,000
 

    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request      Recommended
------------------------------------------------------------------------
Operations and Support
    Immediate Office of the Under          $7,730,000         $7,730,000
     Secretary for Management.....
    Office of the Chief Readiness          90,413,000         90,413,000
     Support Officer..............
    Office of the Chief Human             107,606,000        118,430,000
     Capital Officer..............
    Office of the Chief Security           78,868,000         78,868,000
     Officer......................
    Office of the Chief                   103,197,000        103,197,000
     Procurement Officer..........
    Office of the Chief Financial          64,873,000         64,873,000
     Officer......................
    Office of the Chief                   382,017,000        382,017,000
     Information Officer..........
                                   -------------------------------------
        Total, Operations and            $834,704,000       $845,528,000
         Support..................
------------------------------------------------------------------------

         Immediate Office of the Under Secretary for Management

    With the adoption of a common appropriations structure, the 
Department is now poised to standardize its periods of 
availability (POAs) to allow for more consistent planning, 
programming, budgeting, and execution for three of the four 
major appropriation account types: Operations and Support 
(O&S;); Procurement, Construction, and Improvements (PC&I;); and 
Research and Development (R&D;). With limited exception, the O&S; 
accounts shall have one year of availability; the PC&I; accounts 
shall have five years of availability for construction and 
three years for all other activities; and the R&D; accounts 
shall have two years of availability. As part of the fiscal 
year 2020 budget request and thereafter, the Department shall 
thoroughly justify any necessary deviation from these POAs, to 
include a description of the specific negative impacts that 
would result from a shorter POA.
    The Committee directs DHS to assess the feasibility of 
establishing a unified headquarters for CBP and ICE operational 
components in the South Texas region. This analysis shall 
consider whether co-location would significantly improve 
operational coordination, information sharing, and analytic 
collaboration among these DHS components. The analysis should 
also consider the potential for partnerships with local 
governments, colleges and universities, and other federal 
agencies to leverage resources.
    The Department shall, not later than 180 days after the 
date of enactment of this Act, submit a report to the Committee 
detailing (1) internal DHS procedures to avoid the purchase of 
``essentially the same'' items in violation of the Javits-
Wagner-O'Day Act (41 U.S.C. 8501); (2) procedures for ensuring 
procurement officers and government purchase cardholders are 
trained on the requirements of the Javits-Wagner-O'Day Act; and 
(3) the total value of goods and services purchased through the 
AbilityOne Program during fiscal year 2018, delineated by 
product or service category.

             Office of the Chief Readiness Support Officer

    The Office of the Chief Readiness Support Officer (OCRSO) 
is directed to continue refining a DHS-wide inventory of real 
estate, vehicle fleets, and equipment for the purpose of 
establishing a table of equipment for each component of the DHS 
enterprise.
    The Department's Fiscal Year 2017 Field Efficiencies Report 
focused on the Department's future plans to utilize OCRSO to 
manage the integration of mission support functions across the 
Department, which is actively developing regional plans to 
implement field efficiencies, such as real property 
consolidation and co-location. The Department set forth an 
impressive end state of a 20 percent reduction in 
administrative real property needs per person and the 
elimination of unnecessary redundancies by fiscal year 2025. 
The Committee directs OCRSO to provide a briefing on this 
implementation plan, to include associated costs and an 
estimated savings by fiscal year, not later than 90 days after 
the date of enactment of this Act.
    The Committee looks forward to the briefing directed in 
House Report 115-239 on the Department's comprehensive plans to 
systematically replace vehicles and radios, and continues to 
expect that additional cost and schedule details will be 
included in future budget submissions for each operational 
component.
    The Committee understands that some DHS components may lack 
adequate facilities to accommodate the large number of firearms 
qualifications required for law enforcement personnel. OCRSO is 
directed to explore firing range solutions through field 
efficiencies to expand the availability of shooting range 
facilities across DHS components. Such solutions could include 
partnerships with colleges, universities, local governments, 
tribal organizations, and other federal agencies; or 
alternative approaches, such as modular firing ranges. OCRSO, 
in conjunction with the Department of Treasury, is directed to 
explore the feasibility of addressing this capability gap by 
using funds made available under section 9705(g)(4)(B) of title 
31, United States Code (as added by Public Law 102-393) from 
the Department of the Treasury Forfeiture Fund.
    DHS is encouraged to work with the components to evaluate 
the potential benefits of next generation body armor technology 
for DHS law enforcement personnel, including solutions made 
with ultra-high molecular weight polyethylene, which may 
provide increased protection against a wide range of ballistic 
threats in a lighter, more flexible application that enhances 
comfort, mobility, and safety.

               Office of the Chief Human Capital Officer

    The Committee continues its support for the Cyber Statutory 
Authority Program and the Cybersecurity Internship Program, and 
includes increases above the request for both programs to 
sustain fiscal year 2018 funding levels. The Department is 
directed to update the Committee not later than 180 days after 
the date of enactment of this Act on the status of the 
programs.
    According to a February 2018 GAO report (GAO-18-175), DHS 
has taken steps to identify workforce capability gaps, but has 
not identified or reported to Congress on critical 
cybersecurity needs that align with specialty areas. The Office 
of the Chief Human Capital Officer is directed to provide, 
within 30 days of the date of enactment of this Act, a report 
on its efforts to identify, categorize, and assign employment 
codes to its cybersecurity positions, and all other efforts to 
satisfy requirements established by the Homeland Security 
Cybersecurity Workforce Assessment Act of 2014.

                  Office of the Chief Security Officer

    The Committee remains concerned with the number of reports, 
briefings, and responses to requests for information that are 
designated by the Department as ``For Official Use Only.'' The 
Committee reminds the Department of guidance in Public Law 114-
4 and the direction in House Report 113-481 to provide clear 
and specific justifications for such classifications.
    The Committee is concerned about the Department's 
compliance with Homeland Security Presidential Directive 12, 
Policy for a Common Identification Standard for Federal 
Employees and Contractors, which mandates a federal standard 
for secure and reliable forms of identification used to gain 
access to secure facilities where there is a potential for 
terrorist attack. The Committee is aware of existing technology 
solutions to verify access credentials in real-time that may 
aid in implementation of this policy, and directs DHS to review 
the solutions and brief the Committee not later than 90 days 
after the date of enactment of this Act on the results of its 
assessment.

                Office of the Chief Procurement Officer

    The Committee again directs the Department's Chief 
Acquisition Officer to provide a briefing of summary ratings 
for all Level 1 and 2 programs and reminds the Department that 
this is a quarterly requirement.

                 Office of the Chief Financial Officer

    The Department shall continue to submit obligation plans on 
a quarterly basis, as detailed in Public Law 114-113 and Public 
Law 115-31. The Office of the Chief Financial Officer (OCFO) 
shall require the use of a uniform obligation plan template to 
ensure consistency across components, which shall include 
quarterly spending targets for each account and PPA. Each 
component shall be required to report to OCFO all actual 
obligations and expenditures within 20 days of the close of 
each quarter and OCFO shall provide the consolidated set of 
plans to the Committee within 30 days of the close of each 
quarter. OCFO will also be responsible for ensuring that 
components with major acquisition programs include the breakout 
of these programs within their quarterly plans and provide 
additional context to describe and justify any changes from the 
prior submission.
    During the period of any continuing resolution, OCFO shall 
provide a briefing on the corresponding obligation and budget 
execution plan, as directed in House Report 114-215.

                Office of the Chief Information Officer

    In order to ensure the long-term security of technology 
used in secure documents issued by the Department, the 
Committee directs DHS to review the availability of 
technologies to encrypt radio-frequency identification (RFID) 
documents and the feasibility of upgrading and encrypting 
current and future RFID documents. DHS shall brief the 
Committee on its assessment not later than 180 days after the 
date of enactment of this Act.
    The Committee remains concerned with the slow progress in 
closing DHS interoperable communications gaps and, once again, 
directs the Department to vigorously explore how it could 
leverage partnerships with local, state, tribal, and federal 
entities with existing interoperable communications platforms. 
The Office of the Chief Information Officer (OCIO) is directed 
to update the Committee on its findings within 90 days of the 
date of enactment of this Act.
    The GAO has repeatedly identified software acquisition and 
licensing as high-risk due to significant vulnerabilities to 
fraud, waste, abuse, and mismanagement. The Committee notes 
that the Department received a failing grade for software 
licensing on the most recent Biannual Federal IT Acquisition 
Reform Act Scorecard from the House Oversight and Government 
Reform Committee. The Committee directs the Department to 
prioritize its management of software licenses, including 
inventory and analysis of usage, as required by the MEGABYTE 
Act of 2016 (Public Law 114-210).

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2018.......................       $29,569,000
Budget request, fiscal year 2019......................       246,069,000
Recommended in the bill...............................        74,920,000
Bill compared with:
    Appropriation, fiscal year 2018...................       +45,351,000
    Budget request, fiscal year 2019..................      -171,149,000
 

    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request      Recommended
------------------------------------------------------------------------
Procurement, Construction, and
 Improvements
    Construction and Facility            $171,149,000              - - -
     Improvements.................
    Mission Support Assets and             74,920,000        $74,920,000
     Infrastructure...............
                                   -------------------------------------
        Total, Procurement,              $246,069,000        $74,920,000
         Construction, and
         Improvements.............
------------------------------------------------------------------------

    The recommendation does not include the requested 
$171,149,000 for further buildout of the St. Elizabeths campus. 
Over the years the General Services Administration (GSA) has 
had numerous challenges with the limitations of restoring 
historic buildings, which has led to delays in the expansion of 
the campus. Currently, DHS and GSA are working to revise the 
consolidation plan to address these delays and associated cost 
overruns, and develop a functional and efficient construction 
and lease strategy. The Committee directs the Department to 
provide this plan with a revised schedule and updated costs not 
later than 90 days after the date of enactment of this Act.
    The Committee commends the Department's progress in 
implementing the Planning, Programming, Budgeting, and 
Execution (PPBE) One Number initiative, which will consolidate 
multiple PPBE systems into a unified, single system. One Number 
will better inform DHS leaders as they make important resource 
decisions, while improving the quality of congressional budget 
justification materials.
    The Committee recommends $39,000,000 for financial systems 
modernization (FSM), as requested.

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2018.......................        $2,545,000
Budget request, fiscal year 2019......................         2,545,000
Recommended in the bill...............................         2,545,000
Bill compared with:
    Appropriation, fiscal year 2018...................             - - -
    Budget request, fiscal year 2019..................             - - -
 

    The Committee recommends $2,545,000, for Research and 
Development, as requested.

          Intelligence, Analysis, and Operations Coordination


 
 
 
Appropriation, fiscal year 2018.......................      $245,905,000
Budget request, fiscal year 2019......................       253,253,000
Recommended in the bill...............................       259,253,000
Bill compared with:
    Appropriation, fiscal year 2018...................       +13,348,000
    Budget request, fiscal year 2019..................        +6,000,000
 

                                Mission

    The missions supported through Intelligence, Analysis, and 
Operations Coordination are twofold: to equip the Homeland 
Security Enterprise with timely intelligence and information to 
keep the homeland safe, secure, and resilient; and to provide 
operations coordination, information sharing, situational 
awareness, a common operating picture, and departmental 
continuity.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2018.......................      $245,905,000
Budget request, fiscal year 2019......................       253,253,000
Recommended in the bill...............................       259,253,000
Bill compared with:
    Appropriation, fiscal year 2018...................       +13,348,000
    Budget request, fiscal year 2019..................        +6,000,000
 

    Recommended adjustments to classified programs and more 
detailed oversight of funding for the Office of Intelligence 
and Analysis are addressed in the classified annex accompanying 
this report.

                      Office of Inspector General


 
 
 
Appropriation, fiscal year 2018.......................      $168,000,000
Budget request, fiscal year 2019\1\...................       138,369,000
Recommended in the bill...............................       162,369,000
Bill compared with:
    Appropriation, fiscal year 2018...................        -5,631,000
    Budget request, fiscal year 2019..................       +24,000,000
 
\1\The budget request for fiscal year 2019 proposes a directed transfer
  of $24,000,000 to this account from the Disaster Relief Fund
  appropriation, resulting in a total requested funding level for the
  OIG of $162,369,000.

                                Mission

    The DHS Office of Inspector General (OIG) conducts and 
supervises independent audits, investigations, and inspections 
of the programs and operations of DHS, and recommends ways for 
DHS to carry out its responsibilities in the most effective, 
efficient, and economical manner possible. The OIG is charged 
with deterring, identifying, and addressing fraud, abuse, 
mismanagement, and waste of taxpayer funds invested in DHS.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2018.......................      $168,000,000
Budget request, fiscal year 2019\1\...................       138,369,000
Recommended in the bill...............................       162,369,000
Bill compared with:
    Appropriation, fiscal year 2018...................        -5,631,000
    Budget request, fiscal year 2019..................       +24,000,000
 
\1\The budget request for fiscal year 2019 proposes a directed transfer
  of $24,000,000 to this account from the Disaster Relief Fund
  appropriation, resulting in a total requested funding level for the
  OIG of $162,369,000

    The Committee recommends $162,369,000 for Operations and 
Support, which includes direct funding of $24,000,000 that was 
proposed in the budget request as a transfer from the FEMA 
Disaster Relief Fund. The Committee notes that the OIG also 
received $25,000,000 in supplemental funding in the Bipartisan 
Budget Act of 2018 (Public Law 115-123), prior to the enactment 
of the fiscal year 2018 Consolidated Appropriations Act, to 
provide oversight of major disasters that occurred in 2017.
    The Committee directs the OIG to review ICE's 
implementation and oversight of the 287(g) program, including 
training, data collection, civil liberties protections, and 
complaint processes. The increase above the request is for 
increased unannounced inspections of immigration detention 
facilities and CBP holding processing facilities. ICE shall 
continue to publish the results of detention facility 
inspections and other reports related to custody operations 
activities on its public website.
    As the OIG continues to conduct unannounced inspections of 
detention facilities, the Committee encourages the OIG to pay 
particular attention to the health needs of detainees.
    Within 30 days of the date of enactment of this Act, the 
Inspector General shall report to the Committee on the 
implementation of and any interagency coordination associated 
with the previous policy of separating migrant families, the 
Executive Order issued on June 20, 2018 entitled ``Affording 
Congress an Opportunity to Address Family Separation,'' and 
efforts made to reunify families separated under the previous 
family separation policy.

              Title I--Administrative Provisions--This Act

    Section 101. The Committee continues a provision regarding 
grants or contracts awarded by means other than full and open 
competition and requires the Inspector General to review them 
and report the results to the Committees.
    Section 102. The Committee continues a provision requiring 
the Secretary to link all contracts that provide award fees to 
successful acquisition outcomes.
    Section 103. The Committee continues and modifies a 
provision requiring the Secretary, in conjunction with the 
Secretary of Treasury, to notify the Committees of any proposed 
transfers from the Department of Treasury Forfeiture Fund to 
any agency at DHS.
    Section 104. The Committee continues and modifies a 
provision related to official costs of the Secretary and Deputy 
Secretary.
    Section 105. The Committee continues by reference a 
provision requiring the Secretary to submit a report on visa 
overstay data and to post border security metrics on its 
website.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS


                   U.S. Customs and Border Protection


 
 
 
Appropriation, fiscal year 2018.......................   $14,017,522,000
Budget request, fiscal year 2019......................    14,225,132,000
Recommended in the bill...............................    17,776,257,000
Bill compared with:
    Appropriation, fiscal year 2018...................    +3,758,735,000
    Budget request, fiscal year 2019..................    +3,551,125,000
 

                                Mission

    The mission of U.S. Customs and Border Protection (CBP) is 
to enforce laws regarding the admission of foreign-born persons 
into the United States, facilitate the flow of legitimate trade 
and travel, and ensure all persons and cargo enter the U.S. 
legally and safely through official checkpoints at ports of 
entry.

                             Recommendation

    With the exception of marijuana, over 80 percent of all 
drugs seized on the southwest border are interdicted at the 
ports of entry (POEs), yet only a small number of vehicles are 
scanned for contraband with non-intrusive inspection (NII) 
equipment. As the next step in efforts to expand detection 
capabilities, CBP is planning to assess and deploy multi-lane 
NII platforms that can safely automate the inspection process 
in the primary inspection lanes at land POEs.
    To accelerate these efforts, the recommendation includes 
$223,000,000 above the request, to include $182,000,000 for the 
procurement of technology to initiate a five-year plan to 
screen 100 percent of all vehicles that cross the southwest 
border and $41,000,000 to hire 140 canine teams and seven 
additional CBP officers to assist in screening. The funding 
level supports the continued operational assessment and 
requirements development process for this effort. The 
combination of NII equipment, canine teams, and well-trained, 
highly skilled officers will allow CBP to combat the entry of 
illicit goods, narcotics, and humans being smuggled into the 
country, and end the exploitation of our southwest land POEs.
    CBP is directed to update the multi-year strategic plan 
directed in the explanatory statement accompanying Public Law 
115-141, not later than 90 days after the date of enactment of 
this Act, to account for this additional funding. CBP is also 
directed to brief the Committee on the results of the ongoing 
pilots upon their completion. This briefing shall include an 
assessment of each platform's ability to increase vehicle 
inspection throughput at the ports without impacting primary 
operations for commercial and privately owned vehicles. CBP is 
further directed to update the Committee on the obligation of 
funds for NII acquisition as a part of the required quarterly 
obligation plans directed in title I of this report. The 
Committee expects any procurement of technology to be 
competitively awarded.
    Because they are often smuggled or mailed in small amounts, 
opioids, such as fentanyl, are extremely difficult for CBP to 
detect. To address this challenge, the recommendation includes 
$108,897,000 above the request for enhancements at 
international mail facilities (IMFs) and along high-risk drug 
pathways, including: $9,797,000 for the hiring of 56 scientists 
and chemists at IMFs and field lab locations; $1,600,000 for 20 
additional mission and operations support staff; $2,500,000 for 
field lab equipment; $10,000,000 for the National Targeting 
Center's (NTC) counter network capabilities; $25,000,000 for 
port of entry technologies, to include the Border Security 
Deployment Program (BSDP) and license plate readers; 
$40,000,000 for X-ray systems and hand-held detection systems 
for IMFs and express consignment facilities (ECFs); and 
$20,000,000 for automated barcode reader technology to identify 
targeted packages at IMFs. CBP is directed to update the 
Committee on the obligation of these funds as a part of the 
required quarterly obligation plans directed in title I of this 
report.
    The Committee understands CBP is currently developing plans 
to provide medical and mental health screening, triage, and 
referral services by specialized personnel to support 
unaccompanied children in USBP custody in high volume southwest 
border locations, and recommends an additional $3,700,000 to 
continue this effort. The Committee is also concerned by the 
trauma experienced by children and their relatives, including 
parents, aunts, uncles, and grandparents, who have entered the 
United States fleeing violence, and makes available $3,000,000 
to provide on-site mental health services for children and 
their families at CBP facilities in southwest border locations, 
along with mental health training to officers and other 
personnel by mental health professionals specializing in trauma 
treatment.
    The Committee remains aware of continued staffing shortages 
at our land, sea, and air POEs, to include IMFs and ECFs. While 
the current resource allocation model states that CBP requires 
over 26,815 officers for existing requirements at the POEs, the 
President's discretionary budget makes no significant attempt 
to mitigate this gap. These critical shortages impact trade and 
travel across all types of POEs, to include airports, bridges, 
cruise ship terminals and international rail crossings. To 
address these concerns, the recommendation includes funding for 
over 370 new CBP Officers above the request.
    The southwest border is vast, with varied terrain ranging 
from the winding Rio Grande River to rugged mountains and dry 
desert. Temperatures can reach well beyond 100 degrees during 
the day in the summer months followed by cold temperatures at 
night. CBP shall continue its policies and activities that help 
protect people who have illegally entered the United States 
from the dangers inherent in crossing this terrain, including 
the prohibition on any activity by agents that could damage 
water and food caches and continued support for initiatives 
focused on increasing migration safety, such as the placement 
and maintenance of rescue beacons. While the Committee awaits 
the results of the rescue beacon survey and assessment detailed 
in House Report 115-239, the bill includes $1,000,000 for 
additional rescue beacons.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2018.......................   $11,485,164,000
Budget request, fiscal year 2019......................    12,119,643,000
Recommended in the bill...............................    12,002,072,000
Bill compared with:
     Appropriation, fiscal year 2018..................      +516,908,000
    Budget request, fiscal year 2019..................      -117,571,000
 

    The fiscal year 2019 President's budget request assumed 
$157,000,000 in revenue collections available to CBP through 
the redirection of the Electronic System for Travel 
Authorization (ESTA) surcharge fee that currently supports 
Brand USA, a public-private partnership that promotes travel to 
the United States by foreign visitors. The Committee notes that 
the 2014 reauthorization of the Brand USA surcharge extends 
through fiscal year 2020; any change to the current program 
would require the enactment of new authorization legislation 
that is not under the jurisdiction of this Committee.
    The recommendation supports the full cost of annualizing 
the salaries and benefits of staff CBP currently expects to 
hire during fiscal year 2018. In addition, the recommendation 
includes partial-year funding for new positions that were 
proposed in the fiscal year 2018 budget request but for which 
appropriations were not provided in the fiscal year 2018 
Appropriations Act.
    Increases above the request include: $10,000,000 for 
innovation technology; $1,000,000 for rescue beacons; 
$18,500,000 for Border Patrol hiring bonuses for personnel at 
remote locations and stations with the highest attrition; 
$17,500,000 for technology upgrades to the Mobile Surveillance 
Capability (MSC) system and for an Unmanned Aerial Systems 
(UAS) demonstration; $1,000,000 for Carrizo cane control 
efforts; $23,492,000 to annualize the cost of CBP officers 
hired in fiscal year 2018; $35,565,000 for new CBP officers; 
$13,800,000 for the new National Vetting Center; $5,000,000 for 
the Automated Targeting System (ATS) to focus on trade efforts; 
and $31,000,000 for increased Air and Marine Operations (AMO) 
flying hours.
    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request      Recommended
------------------------------------------------------------------------
Operations and Support
    Border Security Operations
        U.S. Border Patrol
            Operations............     $3,987,892,000     $3,843,187,000
            Assets and Support....        708,952,000        654,917,000
        Office of Training and             82,263,000         55,124,000
         Development..............
                                   -------------------------------------
                Subtotal, Border        4,779,107,000      4,553,228,000
                 Security
                 Operations.......
    Trade and Travel Operations
        Office of Field Operations
            Domestic Operations...      2,780,958,000      3,007,928,000
            International                 156,669,000        144,667,000
             Operations...........
            Targeting Operations..        253,492,000        261,737,000
            Assets and Support....        876,866,000        902,174,000
        Office of Trade...........        272,118,000        252,715,000
        Office of Training and             47,268,000         47,268,000
         Development..............
                                   -------------------------------------
                Subtotal, Trade         4,387,371,000      4,616,489,000
                 and Travel
                 Operations.......
    Integrated Operations
        Air and Marine Operations
            Operations............        310,176,000        331,287,000
            Assets and Support....        531,231,000        531,231,000
            Air and Marine                 45,846,000         37,812,000
             Operations Center....
        Office of International            44,244,000         39,636,000
         Affairs..................
        Office of Intelligence....         64,696,000         66,049,000
        Office of Training and              5,633,000          6,010,000
         Development..............
        Operations Support........        109,762,000        107,416,000
                                   -------------------------------------
                Subtotal,               1,111,588,000      1,119,441,000
                 Integrated
                 Operations.......
    Mission Support
        Enterprise Services.......      1,508,632,000      1,468,758,000
            (Harbor Maintenance           (3,274,000)        (3,274,000)
             Trust Fund)..........
        Office of Professional            224,871,000        187,651,000
         Responsibility...........
        Executive Leadership and          108,074,000        106,505,000
         Oversight................
                Subtotal, Mission       1,841,577,000      1,762,914,000
                 Support..........
    Adjustments to Pay Assumptions              - - -        -50,000,000
                                   -------------------------------------
                Total, Operations     $12,119,643,000    $12,002,072,000
                 and Support......
------------------------------------------------------------------------

    The Committee looks forward to a briefing on a 
comprehensive, multi-year recruitment and retention strategy, 
as directed in the explanatory statement accompanying Public 
Law 115-141. To further address Border Patrol agent retention, 
the recommendation includes $18,500,000 for targeted bonuses 
specifically focused on personnel assigned to hard-to-fill 
locations and locations with significant attrition. Not later 
than 60 days after the date of enactment of this Act, CBP shall 
brief the Committee on the policy and execution plans for these 
targeted bonuses.
    The Committee continues to urge the development of a 
staffing model to inform the hiring of Border Patrol agents and 
AMO personnel. As directed in the explanatory statement 
accompanying Public Law 115-141, CBP shall continue to brief 
the Committee quarterly on its progress toward the development 
of a comprehensive assessment of CBP-wide capability gaps, to 
include personnel.
    Also as directed in the explanatory statement accompanying 
Public Law 115-141, CBP shall continue to post to its website a 
combined table of CBP interdictions of currency and major 
categories of drugs, delineated by seizures at and between the 
POEs, and at checkpoints.
    Section 231 of division F of Public Law 115-141 requires 
the Secretary to submit to the Committee, by September 19, 
2018, a risk-based plan for improving security along the 
borders of the United States, including the use of personnel, 
fencing, other forms of tactical infrastructure, and 
technology. The Committee looks forward to receiving that plan 
and expects it to inform future budget requests.
    CBP recently announced that it was beginning a six-month 
testing period at nine field sites for its Incident-Driven 
Video Recording Systems program, which will combine body worn 
cameras, vehicle mounted cameras, and fixed cameras in 
operational environments along the U.S. land border, at and 
between POEs, and at international airports and seaports. CBP 
is directed to provide a briefing to the Committee on the 
results of the pilot upon its completion and assessment, 
including details on lessons learned for policy, privacy, and 
resource requirements.
    As previously directed in House Report 115-239, CBP shall 
continue to report to the Committee the following: the number 
of detainees held by CBP for more than 48 and 72 hours, 
respectively; allegations related to employee corruption and 
use of force abuses; and checkpoint, transportation checks, and 
roving patrol stop operations.
    The Committee notes that CBP is taking steps to improve the 
efficiency and effectiveness of its automated cargo processing 
system for tractor-trailers crossing the nation's land borders, 
including a proof-of-concept pilot at the World Trade Bridge 
POE in Laredo, Texas. The Committee urges CBP to continue to 
prioritize these activities and directs CBP to provide a 
briefing on its efforts to improve automated commercial cargo 
processing at land POEs not later than 60 days after the date 
of enactment of this Act. The Committee encourages CBP to 
leverage the concept of operations for the World Trade Bridge 
proof-of-concept pilot to make concurrent investments in 
technology and screening processes that would maximize the flow 
of commercial cargo through U.S. Border Patrol checkpoints, 
particularly the checkpoint located on I-35 North; the 
Committee notes that if this checkpoint were a POE, it would be 
the fourth busiest one for commercial vehicles.
    The Committee directs CBP to provide regular updates on its 
progress in addressing the recommendations identified in GAO-
17-765T, related to the management of surveillance technology 
plans and programs; GAO-17-618, related to trade enforcement 
planning; and GAO-18-119, related to data quality and 
effectiveness of Border Patrol surveillance technology.
    In an effort to enhance CBP mission integration, the 
Commissioner directed the creation of a working group in 2017 
to improve coordination between AMO and the USBP. The 
Commissioner recently approved the working group's 
recommendations, which are now being implemented, including: 
the establishment of a small UAS program of record managed by 
USBP; the initiation of an 18-month maritime pilot program 
allowing unrestricted USBP maritime operations and expanding 
the Supplemental Vessel Crewmember Program, which allows Border 
Patrol agents to augment the activity of AMO vessels operating 
on the Great Lakes; and the establishment of executive 
councils, consisting of the Commissioner and the leadership of 
AMO and USBP, who meet regularly to discuss the Border Patrol's 
flight hour requirements and AMO's ability to meet them. The 
Committee supports these efforts and directs CBP to provide 
regular updates on them.
    The Committee understands that it is CBP's policy that 
enforcement actions at sensitive locations--including but not 
limited to schools, healthcare facilities, places of worship, 
religious or civil ceremonies or observances, and public 
demonstrations--should generally be avoided, and require either 
prior approval from an appropriate supervisory official or 
exigent circumstances necessitating immediate action. The 
policy is intended to ensure that anyone seeking to participate 
in activities or utilize services provided at such locations 
are free to do so without fear or hesitation. The Committee 
expects CBP to continue to follow this policy, which balances 
the requirement to enforce the law with the impacts that these 
actions may have on communities.
    The Committee encourages the Department to utilize its 
authority to accept donations from the private sector, 
nongovernmental organizations, and other groups independent of 
the federal government, including medical goods and services, 
school supplies, toys, clothing, and any other items intended 
to promote the wellbeing of alien children in the custody of 
CBP.
    To the extent practicable, and so long as it is appropriate 
and in the best interest of the children involved, in cases 
where U.S. Customs and Border Protection is responsible for the 
custody of siblings who are unaccompanied alien children (as 
defined in section 462(g)(2) of the Homeland Security Act of 
2002 (6 U.S.C. 279(g)(2)), the Commissioner shall place such 
siblings in the same facility.
    U.S. Border Patrol Sector Chiefs shall play a primary role 
in determining the type and location of all tactical 
infrastructure, such as physical barriers, roads, communication 
towers, surveillance towers, or other tactical infrastructure 
and technology to be deployed in their area of responsibility. 
The Committee encourages Sector Chiefs to consult State and 
local elected officials and other stakeholders during the 
decision making process.
    The Committee commends the Department's efforts to help 
facilitate the development of common or complementary 
approaches with Mexico in areas of mutual, including 
facilitating the cross-border transit of low-risk cargo and 
passengers and combatting cross-border violence and criminal 
networks. The Committee encourages the Department, in 
cooperation with the Department of State, to continue these 
efforts with the new Mexican administration and to explore new 
opportunities for cooperation, such as through the 
establishment of a cross-border working group, and to report 
back to the Committee within 90 days of the date of enactment 
of this Act on progress made in this regard.
    The Committee is concerned with reports that transnational 
criminal organizations may combine narcotics and humans in 
illicit smuggling attempts, thereby endangering the lives of 
individuals being smuggled. The Committee directs the 
Department to work with its federal law enforcement partners to 
ensure that the enforcement of anti-drug and anti-smuggling 
laws is carried out in a manner protective of human life and 
safety. In particular, DHS should work to prevent the passage 
of any vehicle through a checkpoint or port of entry for 
purposes of a controlled delivery by another law enforcement 
agency if the vehicle may contain individuals being smuggled 
under unsafe conditions, such as the smuggling of one or more 
individuals in a confined or non-air conditioned space.
    The Committee encourages CBP to explore the feasibility of 
allowing older firearms being cycled out of CBP inventories to 
be purchased by other law enforcement agencies, along with 
whether any additional authorities would be necessary for this 
approach, as a way of partially offsetting the costs of new, 
replacement firearms.
    The Committee encourages CBP to collaborate with the 
Science and Technology Directorate to explore a demonstration 
of building-scale, direct potable water reuse capabilities for 
on-site sustainable water at CBP Forward Operating Bases (FOB). 
A deployable and easy-to-use on-site, wastewater treatment 
system that minimizes energy and water usage would improve the 
security of U.S. Border Patrol agents, while reducing costs and 
environmental impacts by avoiding the need to transport fresh 
water to the FOBs.
    The Committee directs DHS to coordinate with the Department 
of Justice to facilitate the availability of courtroom space 
within immigration detention facilities along the U.S.-Mexico 
border to accommodate the appointment of additional immigration 
judges, as necessary to provide for a more timely adjudication 
of asylum claims and reduce the immigration court backlog while 
ensuring that due process is observed.

                       Border Security Operations

    Following the completion of multi-year pilot efforts for 
the control of Carrizo cane along the Rio Grande River in 
Texas, CBP and the U.S. Department of Agriculture plan to 
initiate a long term Carrizo cane control program in fiscal 
year 2018 that will employ both mechanical topping and the use 
of biological control agents. The recommendation includes an 
increase of $1,000,000, for a total of $2,000,000, to 
accelerate these efforts in fiscal year 2019. CBP should 
continue to coordinate with the Texas State Soil and Water 
Conservation Board and other stakeholders on control efforts. 
The Committee directs CBP to provide updates on the performance 
of this program with regard to increased visibility, biomass 
reduction, and miles of river treated.
    The Committee directs CBP to provide a briefing not later 
than 90 days after the date of enactment of this Act, on the 
operational evaluation of acoustic hailing device equipment, 
including pilot and demonstration projects in the Imperial 
Beach and Calexico Border Patrol stations.
    The Committee encourages CBP to explore options to 
integrate Small Unmanned Aerial Systems (sUAS) with MSC to 
allow for the distribution of real-time aerial surveillance 
data to agents in the field and to expand the surveillance 
capability of the MSC platform. Of the funds made available 
under this heading, not less than $2,500,000 shall be used to 
conduct a technical demonstration to develop the requirements 
and concept of operations for the integration of sUAS with MSC.
    Border Patrol sector chiefs often have the most 
comprehensive understanding of the challenges faced in their 
geographic area of responsibility. The Committee encourages all 
state, local, tribal, and federal law enforcement agencies 
working in the southwest border region to collaborate and 
operationally coordinate, when feasible, with sector chiefs in 
their respective geographical regions.
    Within 90 days of the date of enactment of this Act, CBP 
shall brief the Committee on its search and rescue efforts for 
fiscal year 2018, as detailed in House Report 115-239, with a 
particular emphasis on the Border Patrol's policies, 
methodology, and oversight related to how migrant deaths are 
counted. Additionally, the Committee continues to direct CBP to 
report the death of any individual in CBP custody, in the 
temporary custody of other law enforcement agencies on behalf 
of CBP, or subsequent to the use of force by CBP personnel 
within 24 hours, including relevant details regarding the 
circumstances of the fatality.

                      Trade and Travel Operations

    The Committee recommends $13,800,000 to support the initial 
stand-up costs for the National Vetting Center, to include a 
case management tool, ATS software enhancements, and 20 new 
positions. Additionally, $5,000,000 is provided to enhance ATS 
information integration in support of more effective 
identification of high-risk trade patterns and entities.
    While the Office of Field Operation's (OFO) resource 
allocation model has greatly improved its ability to make 
informed staffing decisions, the Committee understands that CBP 
must routinely update the model to account for new trade and 
travel data and to address any newly identified gaps, including 
airport expansions. Any modifications to the model shall be 
described in future budget submissions. To avoid law 
enforcement and security sensitivities, CBP is encouraged to 
provide staffing requirements at the field office level. 
Additionally, not later than 60 days after the date of 
enactment of this Act, CBP shall brief the Committee on 
resource shortfalls on the northern and southern borders 
compared to levels prescribed by the resource allocation model 
for rail crossings and POEs in the land, air, and sea 
environments, including cruise ship terminals.
    The Committee recognizes the need for uniform application 
and enforcement of coastwise laws across the nation. CBP shall 
devote not less than $1,000,000 to its Jones Act Division of 
Enforcement.
    The duty drawback program, including the Accelerated 
Payment privilege, is an important export-promotion tool for 
U.S. manufacturers, exporters, and workers. Accelerated Payment 
claims must meet all applicable legal requirements for a 
complete claim using the calculation methodology that is 
established by CBP regulation. The Trade Facilitation and Trade 
Enforcement Act of 2015 (TFTEA) significantly changed the 
circumstances under which drawback can be claimed, and required 
the development of a new drawback calculation methodology to be 
codified in an updated regulation. The Committee understands 
that review of the proposed regulation has taken a significant 
amount of time, but TFTEA was explicit in requiring that the 
regulations for determining the calculation of amounts refunded 
as drawback be prescribed within two years of the date of 
enactment, or February 24, 2018. The Committee finds the lack 
of progress towards meeting this statutory requirement to be 
unacceptable, particularly because it undermines the one-year 
transition period for allowing drawback claims under both the 
new and old rule, which is set to expire on February 24, 2019. 
Therefore, the Committee directs DHS, Treasury, and OMB to take 
immediate steps to: (1) expedite the completion of the 
regulation; (2) provide the Committee and the Committee on Ways 
and Means with an anticipated completion timeline; and (3) 
provide updates to the Committee and the Committee on Ways and 
Means every 60 days on progress until the completion and 
release of the regulation.
    The Committee directs CBP to provide a detailed expenditure 
plan for biometric exit activities within 90 days of the date 
of enactment of this Act, as directed in House Report 114-668.
    Following a number of CBP litigation setbacks, settlements, 
and administrative errors, CBP determined that a number of 
companies received incorrect payments of collected duties under 
the Continued Dumping and Subsidy Offset Act (CDSOA). CBP has 
now directed domestic companies that received incorrect 
payments to return those payments, which the Committee believes 
poses an unfair burden on them. CBP is directed to determine 
the impact of such repayments on U.S. producers and to notify 
the Committee prior to recouping such payments or reducing 
future payments. The Committee further directs CBP to develop 
strategies that will allow for more accurate CDSOA payments in 
the future.
    After the bombing of the Alfred P. Murrah Federal Building 
in Oklahoma City in 1995, the Interagency Security Committee 
(ISC) was established to create safety standards for federal 
buildings. Those standards play a crucial role in keeping 
federal employees safe today. Consistent with ISC standards, 
the Committee encourages CBP to work closely with local 
governments to grant reasonable requests for easements and 
other accommodations to encourage pedestrian and bicycle 
traffic in congested urban environments without jeopardizing 
the safety of the federal workforce.
    The Committee encourages CBP to work with U.S. Citizenship 
and Immigration Services to provide lawful permanent residents 
who arrive at POEs with information about the naturalization 
process and to encourage them to apply for citizenship.
    Our nation's air, land, and sea POE facilities are in need 
of improvements and modernization to enhance and improve the 
Department's efforts to secure our borders and facilitate 
legitimate travel, trade, and commerce. The Committee directs 
the Department to submit a report that details its 
prioritization of POE infrastructure capital investment 
projects, the methods and models used to determine 
prioritization, and an overview of Public-Private Partnership 
agreements.
    Within 90 days of the date of enactment of this Act, CBP 
shall update for fiscal year 2019 the report on overtime for 
CBP officers described in House Report 115-239. In addition, 
CBP is directed to continue working with the U.S. Department of 
Agriculture to better leverage existing staff to address the 
agriculture inspection workload, such as through the 
authorization of additional work hours or dual certification, 
and to report back to the Committee on its efforts within 90 
days of the date of enactment of this Act.
    The Committee remains concerned that the agency has adopted 
a policy that disallows drawback claims under section 
1313(j)(2) for refund of taxes imposed on certain imported 
products. As noted in House Report 114-668, CBP is required to 
refund any duties, taxes, and fees imposed on imported products 
if they are later exported or destroyed, or if commercially 
interchangeable products manufactured in the United States are 
subsequently exported. Additionally, CBP is expected to comply 
with the direction in the explanatory statement accompanying 
Public Law 115-141 with respect to drawbacks.
    Consistent with House Report 114-668, the Committee 
strongly encourages CBP to give priority consideration to an 
application for POE status to any user fee airport that served 
at least 75,000 deplaned international passengers in the 
previous calendar year.
    The recommendation includes not less than $25,000,000 for 
upgrades to POE technology, to include the BSDP and license 
plate reader technology.
    CBP should continue to provide regular updates on its 
public website regarding progress in implementing 
recommendations from GAO-16-542, related to anti-dumping and 
countervailing duties, and on the status of implementing the 
requirements of Executive Order 13785, Establishing Enhanced 
Collection and Enforcement of Antidumping and Countervailing 
Duties and Violation of Trade and Customs Laws.
    The Committee is concerned by the continued ability of 
international drug traffickers to import significant quantities 
of deadly narcotics by exploiting vulnerabilities in our mail 
systems. The establishment of Advance Electronic Data (AED) 
targeting capabilities at five IMFs is a positive step, and CBP 
should quickly expand the program to additional facilities. CBP 
is directed to keep the Committee updated on the staffing and 
technological resources needed to more effectively interdict 
illicit drugs channeled through IMFs and ECFs.
    CBP is directed to continue working with Great Lakes 
seaports, cruise vessel operators, and other stakeholders to 
develop a cruise passenger clearance plan, and shall continue 
using mobile onboard passenger clearance technology until such 
time as that plan has been implemented. The Committee looks 
forward to receiving the briefing on this issue required by the 
explanatory statement accompanying Public Law 115-141.
    The Committee directs CBP to provide a report not later 
than 90 days after the date of enactment of this Act on its 
implementation of current law with respect to parole for vessel 
lightering activities, to include import and export of crude 
oil in ship-to-ship transfer operations.
    The Committee expects CBP to work with seaports, cruise 
vessel operators, and other stakeholders to determine the 
appropriate number of CBP officers that need to be deployed at 
seaports to properly and efficiently handle the clearance of 
cruise passengers.

                         Integrated Operations

    In order to increase surveillance capabilities on the 
southwest border, the Committee recommends an additional 
$31,000,000 for increased AMO flight hours. These funds may be 
used for increased aircrew personnel; support staffing; 
contract pilots for training or surge operations; equipment 
upgrades; training; maintenance; fuel; and spares. Not later 
than 30 days after the date of enactment of this Act, AMO shall 
brief the Committee on execution plans for the funds, to 
include potential out-year resource requirements and the number 
of flight hours that can be achieved with the funding.
    The Committee recommends $37,812,000 for the Air and Marine 
Operations Center to reflect more accurate staffing needs based 
on fiscal year 2018 hiring.
    The Committee notes that CBP uses an oversight framework 
and procedures that ensure that the use of its UAS is in 
compliance with privacy and civil liberty laws and standards. 
To effectively monitor such compliance, the Committee expects 
DHS to track the number of times these systems are used along 
the border, in a maritime environment, or in support of state, 
local, and tribal law enforcement entities, and directs DHS to 
make this information publicly available.

                            Mission Support

    As CBP continues to struggle to onboard new agents and 
officers, the Committee again encourages CBP to use exhibitions 
of the Border Patrol Pistol Teams as a recruitment tool, 
particularly if paired with the establishment of a marksmanship 
program.
    The Committee understands that CBP is carrying out a 
Southern Border Threat Assessment to help inform future border 
security investments, including the appropriate mix of 
personnel, technology, and infrastructure. To accelerate the 
efficient acquisition of border security technologies and 
maximize industry expertise, the Committee urges the Department 
and CBP to explore and expand the use of rapid and non-
traditional acquisition tools, such as Other Transaction 
Authority and innovative commercial solutions authority 
provided under section 880 of Public Law 114-328.
    In addition, the Committee believes that DHS and CBP would 
benefit from early collaboration with industry stakeholders on 
the analysis of border security requirements, identification of 
available technologies, design of technology and system 
architectures, measurement of investment effectiveness, and 
selection of acquisition strategies. To that end, the Committee 
urges DHS and CBP to encourage industry efforts to establish 
consortia through which industry participants could collaborate 
to better inform CBP's border security requirements and provide 
more effective border security solutions. To the extent that 
existing authorities constrain the ability to contract with 
such consortia, DHS is directed to provide technical assistance 
to the Committee to identify statutory changes required to 
facilitate such contracting.
    To improve oversight on the execution of funding for 
personnel, the Committee directs CBP to submit a report not 
later than 15 days after the end of each month on staffing 
numbers, to include gains and losses by pay period during the 
month.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2018.......................    $2,281,357,000
Budget request, fiscal year 2019......................     1,841,548,000
Recommended in the bill...............................     5,510,244,000
Bill compared with:
    Appropriation, fiscal year 2018...................    +3,228,887,000
    Budget request, fiscal year 2019..................    +3,668,696,000
 

    The Committee includes the following increases above the 
request: $3,273,696,000 for border infrastructure; $3,000,000 
for Cross Border Tunnel Threats; $10,000,000 for continued 
efforts on innovative towers; $40,000,000 for the Remote Video 
Surveillance System; $10,000,000 for sUAS, to include nano-UAS; 
$16,000,000 for linear ground detection capabilities; 
$182,000,000 for NII to increase vehicle and cargo scanning on 
the southern border; $40,000,000 for X-ray systems and hand-
held detection systems for IMFs and ECFs; $20,000,000 for 
automated barcode reader technology to identify targeted 
packages at IMFs; $15,000,000 for Automated Commercial 
Environment enhancements for collections and post core 
development; $30,000,000 for one additional multi-role 
enforcement aircraft, to include a VADER sensor; and 
$29,000,000 for one additional large-scale UAS, to include a 
ground station and an associated VADER sensor.
    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request      Recommended
------------------------------------------------------------------------
Procurement, Construction, and
 Improvement
    Border Security Assets and         $1,647,304,000     $5,000,000,000
     Infrastructure...............
    Trade and Travel Assets and            44,237,000        301,237,000
     Infrastructure...............
    Integrated Operations Assets
     and Infrastructure
        Airframes and Sensors.....         83,241,000        142,241,000
    Construction and Facility              48,222,000         48,222,000
     Improvements.................
    Mission Support Assets and             18,544,000         18,544,000
     Improvements.................
                                   -------------------------------------
        Subtotal, Procurement,         $1,841,548,000     $5,510,244,000
         Construction, and
         Improvements.............
------------------------------------------------------------------------

    CBP is to be commended for pursuing innovative technologies 
that improve situational awareness and operational control of 
our border. The Committee notes efforts to pilot a technology 
platform east of San Diego that combines smart object detection 
sensors with machine learning and computer vision capabilities, 
which should improve the assessment and classification of 
perimeter threats along the border and enable the more 
efficient deployment of CBP resources. Based on the results of 
the initial pilot, the Committee encourages CBP to pursue 
additional deployments along the northern and southern borders.

                U.S. Immigration and Customs Enforcement


 
 
 
Appropriation, fiscal year 2018.......................    $7,075,874,000
Budget request, fiscal year 2019......................     8,291,530,000
Recommended in the bill...............................     7,403,510,000
Bill compared with:
    Appropriation, fiscal year 2018...................      +327,636,000
    Budget request, fiscal year 2019..................      -888,020,000
 

                                Mission

    U.S. Immigration and Customs Enforcement (ICE) enforces 
federal laws governing border control, customs, trade, and 
immigration to promote homeland security and public safety.
    Homeland Security Investigations (HSI) is responsible for 
disrupting and dismantling transnational criminal threats 
facing the United States. HSI special agents also conduct 
national security investigations targeting violations of the 
nation's customs and immigration laws.
    Enforcement and Removal Operations (ERO) enforces the 
nation's immigration laws by identifying and apprehending 
removable aliens, detaining apprehended individuals when 
necessary, and removing them from the United States in a manner 
consistent with legal processes and procedures.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2018.......................    $6,993,975,000
Budget request, fiscal year 2019......................     8,221,099,000
Recommended in the bill...............................     7,333,079,000
Bill compared with:
    Appropriation, fiscal year 2018...................      +339,104,000
    Budget request, fiscal year 2019..................      -888,020,000
 

    The recommendation includes funding for over 400 additional 
personnel and for 44,000 detention beds, an increase of 3,480 
beds above the 2018 enacted level. The recommendation does not 
assume the requested $207,000,000 in Immigration Examination 
User Fee revenue to help offset costs for eligible activities 
in this account due to concerns with the impact to U.S. 
Citizenship and Immigration Services (USCIS) operations and the 
growing backlog in applications for immigration benefits.
    The following increases are included above the request: 
$10,000,000 to sustain fiscal year 2018 enhancements for the 
Child Exploitation Investigations Unit and the Angel Watch 
Center; $9,200,000 for the Human Exploitation Rescue Operative 
(HERO) Corps program, of which $1,500,000 is for paid 
apprenticeships and $1,000,000 is for an increase of eight 
Computer Forensics Analysts (CFA) for the Child Victim 
Identification Program; $10,000,000 for the Victim Assistance 
Program; $1,300,000 for an interoperable, nationwide 
information sharing platform; $2,000,000 for upgrades to the 
Sexual Offender Registration and Notification Act exchange 
portal; $7,000,000 for the Biometric Identification Migration 
Alert Program (BITMAP); $21,000,000 for the Visa Security 
Program; $3,000,000 for self-service kiosks that facilitate 
check-ins by individuals on the non-detained docket; and 
$28,000,000 for 19,000 more daily Alternatives to Detention 
(ATD) participants.
    The Committee directs ICE, with CBP, USCIS, and the Office 
of the Chief Financial Officer to provide the Committee with 
regular updates on apprehensions, the average daily population 
(ADP) in ICE detention, asylum claims, the number of 
prosecution referrals to DOJ, and the number of referrals 
accepted by DOJ. These updates should also include information 
on how the Department is executing its current year and fiscal 
year 2019 funding compared to the enacted appropriations 
levels.
    The Committee reminds the Department and ICE that while 
Public Law 115-141 provides authority to address unanticipated 
detention needs within the Operations and Support 
appropriation, they must carefully consider the budgetary 
impacts of any new enforcement policies prior to their 
implementation.
    The Committee is concerned by the trauma that has been 
suffered by children and their relatives, including parents, 
aunts, uncles, and grandparents, entering into the United 
States, many of whom are fleeing violence. The Committee 
provides $3,000,000 to provide on-site mental health services 
for children and their families and mental health training to 
officers and staff by mental health professionals specializing 
in trauma treatment at ICE detention facilities.
    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request      Recommended
------------------------------------------------------------------------
Operations and Support
    Homeland Security
     Investigations
        Domestic Investigations...     $1,385,777,000     $1,621,594,000
        International                     150,691,000        180,997,000
         Investigations...........
        Intelligence..............         73,799,000         74,794,000
                                   -------------------------------------
            Subtotal, Homeland          1,610,267,000      1,877,385,000
             Security
             Investigations.......
    Enforcement and Removal
     Operations
        Custody Operations........      3,520,476,000      3,050,447,000
        Fugitive Operations.......        255,864,000        149,384,000
        Criminal Alien Program....        619,109,000        290,321,000
        Alternatives to Detention.        184,446,000        213,142,000
        Transportation and Removal        511,058,000        408,056,000
         Program..................
                                   -------------------------------------
            Subtotal, Enforcement       5,090,953,000      4,111,350,000
             and Removal
             Operations...........
    Mission Support...............      1,214,436,000      1,086,730,000
    Office of the Principal Legal         305,443,000        257,614,000
     Advisor......................
                                   -------------------------------------
        Total, Operations and          $8,221,099,000     $7,333,079,000
         Support..................
------------------------------------------------------------------------

    The Committee fully supports ICE's efforts to enhance 
public safety in the interior of the United States through the 
enforcement of immigration laws and believes doing so 
strengthens the security of the nation. To that end, the bill 
includes funding for additional personnel and detention beds. 
The Committee expects ICE to continue to prioritize the 
apprehension and removal of criminal aliens and those 
individuals who pose a risk to national security and public 
safety, as described in Executive Order 13768.
    In the execution of these activities, ICE should ensure 
that field personnel, including ERO officers, are appropriately 
trained on all agency policies and procedures involving 
detained parents and legal guardians, including ICE's directive 
on the Detention and Removal of Alien Parents or Legal 
Guardians and time of arrest protocols to minimize harm to 
children.
    Additionally, the Committee understands it is ICE's policy 
that enforcement actions at sensitive locations--identified as 
schools, healthcare facilities, places of worship, religious or 
civil ceremonies or observances, and public demonstrations--
should generally be avoided, and require either prior approval 
from an appropriate supervisory official or exigent 
circumstances necessitating immediate action. The policy is 
intended to ensure that anyone seeking to participate in 
activities or utilize services provided at such locations are 
free to do so without fear or hesitation. The Committee expects 
ICE to continue to follow this policy, which balances the 
requirement to enforce the law with the impacts that these 
actions may have on communities.
    The Committee directs ICE's Office of Detention Oversight 
to conduct unannounced inspections of all ICE family 
residential centers at least twice per year, with the results 
of each inspection promptly published on ICE's website.
    The Committee directs the Department to make any form 
required to be signed by a detained person to be written in 
both English and Spanish.
    The Committee notes with concern the detention of members 
of religious minorities from Iraq, particularly the Iraqi 
Chaldean Christian community, by Immigration and Customs 
Enforcement for possible deportation. Congress and the 
Department of State have recognized that a genocide has been 
committed against Chaldeans and other religious minorities in 
Iraq. The Committee recommends that ICE refrain from 
prioritizing the deportation of people who will be subject to 
violent persecution and death in their countries of origin.

                    Homeland Security Investigations

    The recommendation includes $12,000,000 to sustain fiscal 
year 2018 enhancements for the Child Exploitation 
Investigations Unit, the Angel Watch Center, and the Computer 
Forensics Analyst (CFA) pilot. The Committee notes that the 
pilot is intended to provide career advancement options for 
existing HERO personnel, not new HERO graduates. An additional 
$1,500,000 is made available for paid apprenticeships for HERO 
Child Rescue Corps participants during the field portion of 
their apprenticeships, and an additional $1,000,000 is provided 
for an increase of eight CFAs for the Child Victim 
Identification Program. Additionally, $2,000,000 is provided 
for upgrades to the Sexual Offender Registration and 
Notification Act exchange portal.
    Within the total, not less than $1,300,000 is provided to 
support an interoperable, nationwide information sharing 
platform related to the relationships of gang members, the 
identification of trafficking routes, and federal coordination 
between ICE, CBP, and DOJ.
    ICE plays a critical role in investigating criminal 
organizations that traffic individuals into and within the 
United States. The Committee encourages ICE to work with 
appropriate nonprofit organizations and victim service 
providers to improve the training of ICE officers in the field 
to assist in the identification of human trafficking victims 
and provide appropriate referrals to victim service 
organizations.
    The Committee recommends an increase of $10,000,000 for the 
HSI Victim Assistance Program for additional Victim Assistance 
Specialists (VAS), Forensic Interview Specialists, and related 
personnel, in addition to the program's base funding level of 
$7,653,893. These additional resources are intended to ensure 
that HSI's victim assistance capability is commensurate with 
that of other federal law enforcement agencies, and will enable 
the placement of a VAS with every human trafficking task force 
in which HSI participates.
    The total includes not less than $305,000 for promoting 
public awareness of the child pornography tip line and not less 
than $15,770,000 for investigations of forced labor law 
violations, to include forced child labor. ICE is directed to 
continue to submit an annual report on expenditures and 
performance metrics associated with forced labor law 
enforcement activities.
    The Committee supports not less than $15,000,000 for 
intellectual property law enforcement through the work of HSI 
and the National Intellectual Property Rights (IPR) 
Coordination Center, and directs ICE to ensure that the 
National IPR Center is properly staffed to facilitate continued 
enforcement actions against the theft of U.S. intellectual 
property, particularly online, as required in Public Law 114-
125. Based on a new wave of digital copyright piracy involving 
devices and software that connect consumers' televisions 
directly to copyright-theft sites, the Committee directs ICE to 
increase investigations and enforcement to thwart illicit 
streaming involving media boxes and televisions.
    The recommendation includes $20,000,000 for the Biometric 
Identification Migration Alert Program (BITMAP), $7,000,000 
above the request. Not later than 60 days after the date of 
enactment of this Act, DHS shall brief the Committee on the 
execution of the additional funding and on BITMAP efforts and 
expansion.
    Within the total for International Investigations, the 
Committee recommends $65,000,000 for the Visa Security Program, 
$5,000,000 above the fiscal year 2018 enacted level and 
$21,000,000 above the request, to continue the expansion of the 
program. Not later than 60 days after the date of enactment of 
this Act, ICE shall brief the Committee on expansion plans and 
on efforts to implement the recommendations in GAO-18-314, 
Actions Needed to Strengthen Performance Management and 
Planning for Expansion of DHS's Visa Security Program.
    Within 90 days of the date of enactment of this Act, ICE is 
directed to brief the Committee on its plan and schedule for 
completing its ongoing evaluation of the potential use of body 
worn cameras in its field enforcement activities. The Committee 
notes that CBP has conducted studies on their use of body worn 
cameras and encourages ICE to coordinate with CBP on lessons 
learned.

                   Enforcement and Removal Operations

    The Committee recommends an increase of $35,000,000 above 
the budget request for the ATD program, and directs ICE to 
prioritize ATD participation for vulnerable populations, 
including families. Within the total, $28,000,000 shall be for 
additional capacity in the current ATD program and $7,000,000 
shall be for the first year of a five-year family case 
management pilot program (FCMP) that leverages holistic case 
management strategies to improve participant compliance with 
immigration court adjudication obligations. The pilot shall 
include an annual average of not fewer than 1,000 head of 
household participants ICE should use lessons learned from the 
February 2018 Family Case Management Close-out Report to inform 
the design and implementation of this new pilot, and shall 
brief the Committee prior to initiating the pilot.
    Funding provided under Custody Operations supports the 
hiring of additional personnel, including personnel to help 
manage the increased number of ATD participants and 
participants in the FCMP.
    The Committee directs GAO to provide to the Committee an 
annual review of the FCMP pilot, with a particular focus on the 
design, implementation, performance, and costs of the pilot 
when compared to a ``control population'' of ATD participants 
that receive traditional case management support. ICE is 
strongly encouraged to consult with GAO on best practices for 
the design, implementation, and evaluation of pilot programs 
prior to the initiation of this pilot.
    Additionally, ICE is directed to work with the Department 
of Justice to better prioritize the adjudication of the cases 
of families, such as enrolling families on ATD, including the 
FCMP, onto the detained docket, which should ensure that their 
cases would be heard just as quickly as if they were in 
detention. While the immigration adjudication process for 
families enrolled in ATD has historically taken years, the 
process could be significantly shortened if the immigration 
courts were to make the adjudication of family cases a top 
priority.
    ICE shall continue to report and/or make public the 
following, as detailed in House Report 115-239, and shall 
follow the previously directed timeframes unless otherwise 
specified:
          --Semi-annual update on UACs who age out while in ORR 
        custody.
          --Secure Communities report.
          --Requirements related to detention facility 
        inspections; death in custody reporting, with 
        subsequent reporting to be released within 90 days of 
        the initial report unless additional time is required 
        for redacting personally identifiable information; 
        access to facilities; detainee locator information; 
        changes to the current detention facility category and 
        inspection framework; and compliance with the 2011 
        Performance Based National Detention Standards (PBNDS 
        2011) and Prison Rape Elimination Act requirements.
          --Weekly Rate of Operations for Custody Operations.
    The Department shall continue to submit data on the 
deportation of parents of U.S.-born children semiannually, as 
in prior years, and shall also report on removals of honorably 
discharged members of the armed services. Additionally, the 
Committee directs ICE to provide a semi-annual report to the 
Committee detailing the number of individuals, by field office, 
who are detained by ICE for removal from the United States but 
are subsequently determined to be U.S. Citizens, along with the 
average and median lengths of stay in detention for such 
individuals. The report should also describe ICE's process for 
adjudicating claims of U.S. citizenship by individuals it 
arrests for removal from the United States; major impediments 
to more quickly resolving such claims; and ICE's efforts to 
mitigate those impediments. The report shall also include 
details on the number of DACA recipients detained. The first 
report is due within 90 days of the date of enactment of this 
Act.
    ICE should ensure that operators of family detention 
facilities do not prevent co-sleeping by parents and their 
young children, which can be a source of comfort to children in 
unfamiliar circumstances.
    Section 287(g) of the Immigration and Nationality Act 
authorizes ICE to enter into memoranda of understanding with 
state and local law enforcement entities, through which ICE 
delegates limited authority to enforce federal immigration laws 
within their jurisdictions under ICE's direct supervision. 
These agreements serve as an extension of the Criminal Alien 
Program by directly supporting ICE's efforts to determine the 
immigration status of individuals taken into custody by local 
law enforcement in the course of their normal law enforcement 
duties. With the implementation of Executive Order 13768, 
Enhancing Public Safety in the Interior of the United States, 
the number of agreements has increased from 31 to 78, with 
additional agreements coming on line in the coming months. The 
Committee supports ICE's efforts to increase the number of 
state and local law enforcement entities participating in the 
287(g) program in order to identify criminal aliens and 
recommends the requested level of $75,520,000 to support the 
287(g) program, which is $51,200,000 more than the fiscal year 
2018 level.
    ICE is required to continue its regular use of steering 
committees for each jurisdiction, including the participation 
of external stakeholders, to monitor the performance and 
oversight of 287(g)-designated officers, and shall also 
continue to provide an annual 287(g) report, as detailed in 
House Report 115-239, which should also describe any plans for 
future expansion of or changes to the use of its 287(g) 
authority.
    The Committee also expects ICE, the Office of Inspector 
General (OIG), and the Office for Civil Rights and Civil 
Liberties to continue providing rigorous oversight of the 
287(g) program, and directs ICE to notify the Committee prior 
to implementing any significant changes to the program, 
including any changes to training requirements, data 
collection, or selection criteria.
    Due to the high up-front costs associated with expanding 
ICE-owned Service Processing Centers, the Committee urges that 
increases to detention capacity during fiscal year 2019 be 
achieved through an expansion of private sector contracts, 
Inter-governmental Service Agreements (IGSA), and Inter-
governmental Agreements (IGA).
    ICE shall provide a report to the Committee, not later than 
90 days after the date of enactment of this Act, identifying 
for each detention contract, IGSA, or IGA the detention 
standards under which it is inspected and the status of its 
compliance with Prison Rape Elimination Act (PREA) standards; 
all fiscal year 2018 costs by category, as appropriate; and the 
number of authorized and average number of on-board medical and 
mental health personnel, if any, during the fiscal year. In 
addition, the Director of ICE shall continue to report to the 
Committees at least 30 days in advance of entering into any new 
or significantly modified detention contract or other detention 
agreement that does not meet or exceed the Performance-Based 
National Detention Standards 2011, as revised in 2016. Each 
report shall include a justification for why such contract or 
agreement requires different standards.
    According to ICE, 89 percent of its ADP in detention is 
housed in facilities that are contractually required to comply 
with either DHS PREA standards or Department of Justice PREA 
standards. Under PREA, DHS is required to bring detention 
facilities into compliance when entering into any new, renewed, 
or substantively modified detention contracts. Because 
detention contracts are of an indefinite duration, however, ICE 
has been unable to provide a schedule under which PREA 
standards will apply to 100 percent of its detention 
facilities. Within 30 days of the date of enactment of this 
Act, ICE is directed to provide an estimate to the Committee 
for the cost of bringing the remaining detention facilities 
into compliance with PREA standards by the end of fiscal year 
2019.
    Within 30 days of the date of enactment of this Act, ICE is 
directed to brief the Committee on its progress in implementing 
the five recommendations made by the OIG in its recent report 
on detention standards (OIG-18-67). In addition, the Committee 
directs GAO to follow-up on the OIG report by examining ICE's 
management and oversight of detention facilities, including the 
extent to which DHS has (1) effective mechanisms in place to 
monitor compliance with applicable detention facility 
standards, including implementation of corrective actions; and 
(2) effective processes in place for obtaining and addressing 
complaints from aliens in detention facilities. GAO shall 
provide a preliminary briefing to the Committee on its findings 
within 180 days of the date of enactment of this Act.
    Individuals detained in ICE detention facilities can 
voluntarily participate in work programs at those facilities, 
doing jobs such as cooking, laundry, and providing janitorial 
services. The Committee is aware of reports, however, that some 
detainees have been pressured to perform such work and were 
penalized if they refused. The OIG is directed to review ICE 
policies and oversight of contract detention facilities related 
to detainee work programs, with a particular focus on how ICE 
can ensure that such work is strictly voluntary.
    The Committee directs ICE to make public the following 
statistics, to be updated monthly: the average bond amount for 
detainees; the percentage of detainees released after paying a 
bond; the average length of detention for individuals who are 
released on bond; and the average length of detention for 
individuals offered release on bond who remain in detention 
because they do not pay the bond.
    ICE is directed to continue to provide performance reports 
to the Committee on the ATD program, as described in House 
Report 114-668. The analysis should also include ATD enrollment 
by field office, type of supervision, and arresting agency, as 
well as the average length of enrollment by type of 
supervision. In addition, the report shall include ICE guidance 
for referral, placement, escalation, and de-escalation 
decisions in ATD programs.
    The Committee directs ICE to incorporate access to ``know 
your rights'' presentations at the point of enrollment for all 
ATD programming, and to explore opportunities to work with 
community based organizations that directly provide case 
management services, including referrals to services already 
available in the community that are associated with higher ATD 
compliance rates.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2018.......................       $81,899,000
Budget request, fiscal year 2019......................        70,431,000
Recommended in the bill...............................        70,431,000
Bill compared with:
    Appropriation, fiscal year 2018...................       -11,468,000
    Budget request, fiscal year 2019..................             - - -
 

    The Committee recommends $70,431,000, for Procurement, 
Construction, and Improvements, as requested.

                 Transportation Security Administration


 
 
 
Appropriation, fiscal year 2018.......................    $7,395,355,000
Budget request, fiscal year 2019......................     7,236,173,000
Recommended in the bill...............................     7,318,161,000
Bill compared with:
    Appropriation, fiscal year 2018...................       -77,194,000
    Budget request, fiscal year 2019..................       +81,988,000
 

                                Mission

    The Transportation Security Administration (TSA) is charged 
with protecting U.S. transportation systems, while ensuring the 
freedom of movement of people and commerce.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2018.......................    $7,207,851,000
Budget request, fiscal year 2019......................     7,075,950,000
Recommended in the bill...............................     7,167,778,000
Bill compared with:
    Appropriation, fiscal year 2018...................       -40,073,000
    Budget request, fiscal year 2019..................       +91,828,000
 

    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request      Recommended
------------------------------------------------------------------------
Operations and Support
    Aviation Screening Operations
        Screening Workforce
            Screening Partnership        $181,382,000       $181,382,000
             Program..............
            Screener Personnel,         3,191,783,000      3,294,783,000
             Compensation, and
             Benefits.............
            Screener Training and         218,738,000        218,738,000
             Other................
        Airport Management........        647,541,000        647,541,000
        Canines...................        152,226,000        161,686,000
        Screening Technology              382,927,000        382,927,000
         Maintenance..............
        Secure Flight.............        113,882,000        113,882,000
                                   -------------------------------------
            Subtotal, Aviation          4,888,479,000      5,000,939,000
             Screening Operations.
    Other Operations and
     Enforcement
        Inflight Security
            Federal Air Marshals..        779,210,000        755,578,000
            Federal Flight Deck            19,539,000         22,539,000
             Officer and Crew
             Training.............
        Aviation Regulation.......        171,905,000        171,905,000
        Air Cargo.................        103,572,000        103,572,000
        Intelligence and TSOC.....         79,524,000         79,524,000
        Surface Programs..........         73,818,000         73,818,000
        Vetting Programs..........         52,770,000         52,770,000
                                   -------------------------------------
            Subtotal, Other             1,280,338,000      1,259,706,000
             Operations and
             Enforcement..........
    Mission Support...............        907,133,000        907,133,000
                                   -------------------------------------
        Total, Operations and           7,075,950,000      7,167,778,000
         Support (gross)..........
    Aviation Passenger Security        -2,670,000,000     -2,670,000,000
     Fees (offsetting collections)
    Passenger Security Fee               -520,000,000              - - -
     Increase (offsetting
     collections) (legislative
     proposal)....................
                                   -------------------------------------
        Total, Operations and          $3,885,950,000     $4,497,778,000
         Support (net)............
------------------------------------------------------------------------

                     Aviation Screening Operations

    The recommendation restores full funding to maintain TSA 
staffing at existing airport exit lanes, as required by law. 
The recommendation also includes an increase of 360 FTE to 
enable TSA to support continued growth in air travel.
    The recommendation includes an increase of $7,260,000 above 
the request to begin to hire, train, certify, and deploy 50 new 
canine teams, and an increase of $2,200,000 above the request 
to continue to support TSA's establishment of a certified 
canine cargo screening program. Not later than 90 days after 
the date of enactment of this Act, TSA shall brief the 
Committee on the implementation status of the third party 
canine program, including expected industry participation and 
projected resource requirements to administer the program in 
fiscal year 2020 and future years. The Committee directs TSA to 
include funding in future budget requests to support continued 
implementation of the program.
    Not later than 60 days after the date of enactment of this 
Act, TSA shall brief the Committee on the feasibility of 
establishing a program through which the agency would develop 
standards and an approved vendor list of certified third party 
canine providers for use by TSA and trusted aviation 
stakeholders at passenger checkpoints and passenger baggage 
screening.
    The Committee directs that TSA provide a report not later 
than 60 days after the date of enactment of this Act on the 
agency's plans for identifying 3D-printed guns at passenger 
screening checkpoints.
    The Committee directs that TSA coordinate with ICE to 
facilitate the passenger screening of parents who lack valid 
identification documents and are attempting to reunite with 
their children through use of the Identity Verification Call 
Center.
    The DCA Access Standard Security Program (DASSP) requires 
all general aviation aircraft operators to follow security 
measures in order to fly in and out of Ronald Reagan Washington 
National Airport. Not later than 30 days after the date of 
enactment of this Act, TSA is directed to brief the Committee 
on the program, including current security standards and the 
process by which TSA assesses risk to ensure security 
requirements are commensurate with current threats.
    The Committee is aware that TSA is currently implementing a 
pilot passenger screening initiative at the Los Angeles 
International Airport (LAX). The intent of the pilot is to 
reduce disruption and distraction at security checkpoints 
resulting from the presence of high-profile passengers, which 
often attract large crowds, by screening such passengers 
through an alternative checkpoint at a non-public terminal. The 
two-year pilot was initiated in 2017 and is currently scheduled 
to end in mid-2019. TSA should continue to work closely with 
LAX to divert additional populations, such as flight crews, to 
the pilot screening checkpoint if such action maximizes the 
overall efficiency of TSA resources, maintains a high level of 
security, and reduces wait times for all passengers. TSA is 
directed to provide regular updates to the Committee on the 
performance of the pilot, and to brief the Committee on its 
evaluation of the pilot upon its conclusion. Should TSA require 
any additional authorities in order to address the challenge of 
high-profile passengers at LAX or other airports over the long 
term, it should provide recommendations for such authorities to 
the Committee and to the House Committee on Homeland Security.
    TSA should review its methodology for the deployment of 
stand-alone explosives detection systems to determine whether 
to consider additional factors such as customer service, 
airline logistics, existing belt system design, exclusive 
airline use areas, and recent infrastructure investment that 
may contribute to an airport's requirement for these systems.

                    Other Operations and Enforcement

    The recommendation includes an increase of $3,000,000 above 
the request for the Federal Flight Deck Officer and Flight Crew 
Training (FFDO) program to establish additional training 
capacity at a location that is more conducive to pilot 
participation.
    The Committee directs TSA to provide a briefing not later 
than 60 days after the date of enactment of this Act on a plan 
for a new FFDO training center, including a timeline for the 
facility to become operational; projected costs to sustain 
operations at the new facility, including consideration of the 
potential consolidation of training from other sites; and 
projected increases in FFDO enrollment, training, and 
recertification.
    Not later than 120 days after the date of enactment of this 
Act, TSA, in consultation with other appropriate DHS components 
and public and private stakeholders, shall make available a 
framework for establishing operations centers to promote 
interagency response and coordination at federalized airports, 
including suggestions for establishing a formalized concept of 
operations and recommendations on how to accommodate the 
necessary resources, including physical work space, information 
technology, and telecommunications for such operations centers, 
depending on the categorization of the federalized airport.
    Not later than 180 days after the date of enactment of this 
Act, TSA shall provide a report on the compliance of airports 
with subsection (a) of section 3 of the Gerardo Hernandez 
Airport Security Act (Public Law 114-50) related to security 
plans, including a description of the extent to which the 
individualized security plans required under that section 
address the plan elements listed in subsection (b).
    As recommended by the Aviation Security Advisory Committee 
in 2015, TSA is encouraged to assess the benefits of 
establishing an air cargo security division within the agency 
that is responsible for carrying out all policy related to air 
cargo and providing stakeholders with a central interface at 
the agency on all matters related to air cargo security.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2018.......................      $167,314,000
Budget request, fiscal year 2019......................       139,629,000
Recommended in the bill...............................       129,789,000
Bill compared with:
    Appropriation, fiscal year 2018...................       -37,525,000
    Budget request, fiscal year 2019..................        -9,840,000
 

    The recommendation includes an increase of $20,000,000 
above the request to accelerate the procurement and 
installation of computed tomography (CT) equipment at airport 
checkpoints to provide enhanced detection capabilities for 
carry-on baggage. Combined with the requested amount, the total 
funding level will enable TSA to deploy approximately 240 CT 
systems.
    The Committee is aware of recent developments in the 
Technology Infrastructure Modernization (TIM) program that 
support a decision to discontinue further development spending 
for a new TIM NextGen system. Therefore, the recommendation 
does not include requested funding to continue development in 
fiscal year 2019. TSA shall brief the Committee on the revised 
full operating capability for the TIM program upon approval by 
the Acquisition Review Board.
    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request      Recommended
------------------------------------------------------------------------
Procurement, Construction, and
 Improvements
    Aviation Screening
     Infrastructure
        Checkpoint Support........        $74,422,000        $94,422,000
        Checked Baggage...........         35,367,000         35,367,000
    Infrastructure for Other
     Operations
        Vetting Programs..........         29,840,000              - - -
                                   -------------------------------------
Total, Procurement, Construction,        $139,629,000       $129,789,000
 and Improvements.................
------------------------------------------------------------------------

    Within 90 days of the date of enactment of this Act, TSA 
shall initiate a pilot at one or more U.S. airports to evaluate 
enhanced object recognition software that utilizes deep machine 
learning algorithms, using existing carry-on baggage screening 
technology. The pilot should examine the capability to detect 
prohibited items, including firearms, sharp objects, prohibited 
tools, and other dangerous items; be able to adapt to emergent 
threats; be compatible with next generation systems currently 
under evaluation by the TSA; and consider cost effectiveness, 
to include the effect of false alarm rates on the screening 
process.

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2018.......................       $20,190,000
Budget request, fiscal year 2019......................        20,594,000
Recommended in the bill...............................        20,594,000
Bill compared with:
    Appropriation, fiscal year 2018...................          +404,000
    Budget request, fiscal year 2019..................             - - -
 

    Not later than 90 days after the date of enactment of this 
Act, TSA shall brief the Committee on Innovation Task Force 
initiatives to develop, test, and deploy innovative security 
solutions.

                              Coast Guard


 
 
 
Appropriation, fiscal year 2018.......................   $12,107,724,000
Budget request, fiscal year 2019......................    11,438,201,000
Recommended in the bill*..............................    11,021,701,000
Bill compared with:
    Appropriation, fiscal year 2018...................    -1,086,023,000
    Budget request, fiscal year 2019..................      -416,500,000
 
*In addition, the bill includes a directed transfer of $95,000,000 to
  the Coast Guard from prior year Science and Technology--Research and
  Development unobligated balances for long lead time materials for a
  National Security Cutter.

                                Mission

    The Coast Guard is the principal federal agency charged 
with maritime safety, security, and stewardship. The Coast 
Guard is a military, multi-mission, maritime service within DHS 
and one of the nation's five armed services. The core roles of 
the Coast Guard are to protect the public, the environment, and 
U.S. economic and security interests in any maritime region in 
which those interests may be at risk, including international 
waters and America's coasts, ports, and inland waterways. Both 
the Arctic and the Antarctic regions fall within the scope of 
Coast Guard responsibilities.

                             Recommendation

    The bill adopts new appropriations accounts for the Coast 
Guard, as proposed in the budget request, which more closely 
align its funding structure with that of the rest of the 
Department. For purposes of consistency, fiscal year 2018 
enacted levels are displayed using the new appropriations 
accounts in the following manner: ``Operating Expenses'' is now 
displayed as ``Operations and Support''; ``Acquisition, 
Construction, and Improvements'' is now displayed as 
``Procurement, Construction, and Improvements''; and 
``Research, Development, Test, and Evaluation'' is now 
displayed as ``Research and Development''. Activities funded 
within the ``Reserve Training'' account are realigned to the 
``Operations and Support'' account starting in fiscal year 
2019. The recommendation does not reflect the proposed 
realignment of ``Environmental, Compliance, and Restoration'' 
(EC&R;) functions into the O&S; account, because the current 
authorization for these functions (14 U.S.C. 692) requires any 
funding appropriated for them to be transferred into an EC&R; 
account, regardless of the account in which such funds are 
appropriated.

                          OPERATIONS & SUPPORT

 
 
 
Appropriation, fiscal year 2018\1\....................    $7,373,313,000
Budget request, fiscal year 2019\2\...................     7,593,138,000
Recommended in the bill\3\............................     7,620,209,000
Bill compared with:
    Appropriation, fiscal year 2018...................      +246,896,000
    Budget request, fiscal year 2019..................       +27,071,000
 
\1\Includes funding for Operating Expenses and the Global War on
  Terrorism (GWOT)/Overseas Contingency Operations (OCO).
\2\Funding for the Coast Guard related to GWOT/OCO is requested under
  Navy, Operations and Maintenance.
\3\Does not include funding for GWOT/OCO.

    The Operations & Support (O&S;) appropriation funds the 
Coast Guard's 11 statutory missions and other activities in 
support of DHS and national priorities. The O&S; appropriation 
funds military and civilian Coast Guard personnel, as well as 
the operation and maintenance of new and existing Coast Guard 
fleets, equipment, facilities, and programs. The appropriation 
also includes funding for Reserve Training.
    Similar to the other Armed Services, the Coast Guard must 
maintain military readiness in order to meet its mission 
requirements. Within 180 days of enactment of this Act, the 
Coast Guard is directed to report to the Committee on any lost 
operational time due to unplanned maintenance or supply 
shortfalls for cutters, aircraft, and boats, as well as the 
current operations and support (O&S;) maintenance backlog for 
cutters, aircraft, shore facilities, and information technology 
systems, including the operational impact of this backlog.
    The Committee recommends $7,620,209,000 for O&S;, 
$27,071,000 above the request to fund additional full-time 
equivalents, increase child care subsidy benefits, fund an 
independent analysis of the current and projected air and sea 
fleet requirements, and address rising costs for fuel and rent. 
Also included in this amount is $1,000,000 to equip the Fast 
Response Cutter fleet with hailing and acoustic laser light 
tactical systems. A comparison of the budget request to the 
Committee recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request      Recommended
------------------------------------------------------------------------
Operations & Support
    Military Pay and Allowances...     $3,851,095,000     $3,868,095,000
    Civilian Pay and Benefits.....        929,385,000        929,385,000
    Training and Recruiting.......        187,991,000        188,338,000
    Operating Funds and Unit Level        907,894,000        929,747,000
     Maintenance..................
    Centrally Managed Accounts....        143,641,000        151,941,000
    Intermediate and Depot Level        1,442,048,000      1,435,048,000
     Maintenance..................
    Reserve Training..............        117,655,000        117,655,000
    Environmental Compliance and           13,429,000              - - -
     Restoration..................
                                   -------------------------------------
        Total, Operations &            $7,593,138,000     $7,620,209,000
         Support..................
------------------------------------------------------------------------

    In April, the Coast Guard and the Department of Defense 
(DoD) announced a partnership to integrate the Coast Guard into 
the Military Health System (MHS) GENESIS electronic health 
record (EHR). The health and safety of Coast Guard men and 
women are a priority for this Committee, and adoption of an EHR 
will provide for the seamless flow of patient information.
    The Committee directs the Coast Guard to continue to 
provide an annual report within 90 days after the date of 
enactment of this Act, on the number of expedited requests for 
transfer made by victims of sexual assault during the prior 
fiscal year, including the number of applications denied and a 
description of the rationale for each denied request. The 
report shall also include the number of service members served 
by the Special Victim Counsel program during the same period.
    The Committee is aware of the extraordinary demands made on 
members of the Coast Guard and their families. Access to child 
care is critical to supporting Coast Guard families, 
particularly for those assigned to remote Coast Guard stations 
and high cost-of-living areas. The recommendation includes an 
increase above the request of $2,000,000 to increase child care 
subsidy availability to not less than $6,900,000. The Committee 
looks forward to reviewing the results of the child care survey 
that was required in the Joint Explanatory Statement 
accompanying the Consolidated Appropriations Act, 2018.
    The Committee is concerned that illegal, unreported, and 
unregulated (IUU) fishing accounts for billions in losses for 
the global fishing industry and about the ties that IUU fishing 
has with piracy, drug trafficking, human trafficking, and 
slavery. The Committee directs the USCG to submit a plan for a 
one-year pilot program, not later than the submission of the 
budget request for Fiscal Year 2020, for implementing an 
innovative and multi-technology system that facilitates 
increased monitoring capability; provides enforcement-quality 
data and intelligence; and maximizes the real-time response of 
surface-based enforcement assets.
    The Committee is concerned about the risks posed by natural 
disasters, including tsunamis, to USCG stations. The Committee 
directs the USCG to identify natural disaster risks and develop 
a plan to mitigate the identified risks and improve the 
resiliency of USCG stations.
    The Commandant of the Coast Guard is directed to provide to 
the Committee not later than one year after the date of 
enactment of this Act, a report that examines the number and 
type of Coast Guard assets required to meet the Service's 
current and foreseeable needs in accordance with the Service's 
statutory missions. The report shall include, but not be 
limited to, an assessment of the required number and types of 
cutters and aircraft for current and planned asset 
acquisitions. The report shall specifically address regional 
mission requirements in the Western Hemisphere, including the 
Polar regions, support provided to Combatant Commanders, and 
trends in illicit activity and illegal migration. In order to 
provide an impartial assessment, the recommendation includes an 
increase of $3,300,000 for the report to be prepared by a 
Federally Funded Research and Development Center experienced in 
similar examinations.
    The Committee recognizes the Coast Guard Academy's current 
efforts to recruit and retain a diverse and highly qualified 
Corps through programs like Eclipse Week, and encourages 
further expansion of these efforts, particularly through 
implementing the recommendations of the 2017 Equity Scorecard.
    The Committee urges the Coast Guard to expand existing 
Partnership in Education programs, and use up to $1,000,000 of 
the funds provided to help buildout efforts in cooperation with 
museums, schools, and other nontraditional classroom settings 
and on limnology and oceanographic programs that support 
Science, Technology, Engineering, and Mathematics education 
through regional headquarters, and consider expanding these 
programs with minority-serving institutions.
    The Committee reminds the Coast Guard of its finding that 
the location of the Maryland Wind Energy Area poses 
``unacceptable navigational safety risks''. The Committee urges 
the Coast Guard to take any and all steps to ensure the 
navigational safety for maritime traffic off the coast of 
Maryland, including but not limited to the designation of 
fairways and traffic separation schemes identified as 
priorities in the Coast Guard Atlantic Coast Port Access Route 
Study.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2018.......................    $2,694,745,000
Budget request, fiscal year 2019......................     1,886,750,000
Recommended in the bill*..............................     1,429,750,000
Bill compared with:
    Appropriation, fiscal year 2018...................    -1,264,995,000
    Budget request, fiscal year 2019..................      -457,000,000
 
*In addition, the bill includes a directed transfer of $95,000,000 to
  the Coast Guard from prior year Science and Technology--Research and
  Development unobligated balances for long lead time materials for a
  National Security Cutter.

    Procurement, Construction, and Improvements (PC&I;) provides 
for the procurement, construction, rehabilitation, and 
improvement of vessels, aircraft, shore facilities, aids to 
navigation (ATON) systems and facilities, and command, control, 
communications, and computer systems and related equipment.
    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request      Recommended
------------------------------------------------------------------------
Procurement, Construction, and
 Improvements
    Vessels
        Survey and Design-Vessels            $500,000           $500,000
         and Boats................
        In-Service Vessel                  63,250,000         63,250,000
         Sustainment..............
        National Security Cutter*.         65,000,000        140,000,000
        Offshore Patrol Cutter....        400,000,000        400,000,000
        Fast Response Cutter......        240,000,000        340,000,000
        Cutter Boats..............          5,000,000          5,000,000
        Polar Ice Breaking Vessel.        750,000,000              - - -
        Inland Waterways and                5,000,000          5,000,000
         Western Rivers Cutter....
        Polar Sustainment.........         15,000,000         15,000,000
                                   -------------------------------------
            Subtotal, Vessels.....      1,543,750,000        968,750,000
    Aircraft
        HC-144 Conversion/                 17,000,000         17,000,000
         Sustainment..............
        HC-27J Conversion/                 80,000,000         80,000,000
         Sustainment..............
        HC-130J Acquisition/                    - - -        105,000,000
         Conversion/Sustainment...
        HH-65 Conversion/                  20,000,000         28,000,000
         Sustainment..............
        MH-60T Sustainment........         25,000,000         25,000,000
        Small Unmanned Aircraft             6,000,000          6,000,000
         Systems..................
                                   -------------------------------------
            Subtotal, Aircraft....        148,000,000        261,000,000
    Other Acquisition Programs
        Other Equipment and                 3,500,000          3,500,000
         Systems..................
        Program Oversight and              20,000,000         20,000,000
         Management...............
        C4ISR.....................         23,300,000         23,300,000
        CG-Logistics Information           13,200,000         13,200,000
         Management System (CG-
         LIMS)....................
                                   -------------------------------------
            Subtotal, Other                60,000,000         60,000,000
             Acquisition Programs.
    Shore Facilities and Aids to
     Navigation
        Major Construction;                30,000,000         35,000,000
         Housing; ATON; and Survey
         and Design...............
        Major Acquisition Systems         100,000,000        100,000,000
         Infrastructure...........
        Minor Shore...............          5,000,000          5,000,000
                                   -------------------------------------
            Subtotal, Shore               135,000,000        140,000,000
             Facilities and Aids
             to Navigation........
                                   =====================================
        Subtotal, Procurement,         $1,886,750,000     $1,429,750,000
         Construction, and
         Improvements.............
------------------------------------------------------------------------
*In addition, the bill includes a directed transfer of $95,000,000 to
  the Coast Guard from prior year Science and Technology--Research and
  Development unobligated balances for long lead time materials for a
  National Security Cutter.

    The Coast Guard is directed to continue to brief the 
Committee quarterly on all major acquisitions, consistent with 
the direction in the explanatory statement accompanying Public 
Law 114-4.

                                Vessels

    Polar Ice Breaking Vessel. The Committee recognizes that 
Polar icebreakers are essential to securing the nation's 
security and economic interests in the Polar regions. While the 
recommendation does not include the requested funding for the 
construction of a new Polar Icebreaker, the Committee plans to 
work with the Coast Guard to determine what is needed in fiscal 
year 2019 to advance this program. The Coast Guard's existing 
operational icebreaking fleet consists of just one heavy 
icebreaker, the POLAR STAR, which entered into service in 1976. 
The Coast Guard has testified that it will need to sustain the 
POLAR STAR beyond two years after delivery of the first of the 
new class of icebreakers to ensure mission readiness, thus the 
Committee recommends $15,000,000, as requested. The Committee 
looks forward to the updated cost estimate for the POLAR STAR's 
service life extension project (SLEP) that is anticipated this 
summer.
    National Security Cutter (NSC). The Consolidated 
Appropriations Act, 2018 (Public Law 115-141) provided 
$1,241,000,000 for the NSC program, which included funds for 
construction of the tenth and eleventh NSC, a contrast from the 
historic approach of funding construction for one NSC per 
fiscal year. The Committee's fiscal year 2019 recommendation 
includes $140,000,000 for the NSC program, $75,000,000 more 
than requested. Included in this amount is an additional 
$75,000,000 above the request to continue support of Post 
Delivery Activities (PDA) for the seventh through ninth hulls 
and other program-wide activities.
    Offshore Patrol Cutter (OPC). The recommendation includes 
$400,000,000 for the OPC program, as requested, to fund 
construction of the second OPC, long lead time materials for 
the third, and program management costs.
    Fast Response Cutter (FRC). The recommendation provides 
$340,000,000 for six FRCs, four for the current program of 
record, as requested, and two to continue replacement of the 
110-foot Island Class Cutters supporting U.S. Central Command 
in Southwest Asia. The Committee strongly encourages the Coast 
Guard to transition the 110-foot patrol boats supporting U.S. 
Central Command in Southwest Asia to FRCs in the most expedient 
manner possible, and to update the Committee of any changes to 
its FRC deployment strategy. The Committee understands the 
current patrol boats are well past their service life and wants 
to ensure the Coast Guard men and women serving in this 
challenging area of operations have the right equipment 
necessary to meet these evolving threats.

                                Aircraft

    HC-130J Acquisition/Conversion/Sustainment. The 
recommendation provides $105,000,000 for one HC-130J aircraft, 
which funds the production and missionization of the sixteenth 
aircraft, advancing the Coast Guard's acquisition program goal 
of 22 HC-130J aircraft.
    MH-60T Sustainment. The Committee recommends $25,000,000 
for the MH-60T SLEP, as requested. The Committee supports 
efforts to sustain the Coast Guard's MH-60T aircraft. Not later 
than 180 days after the date of enactment of this Act, the 
Coast Guard is directed to complete its alternatives analysis 
on options for extending the lifespan of MH-60T aircraft. The 
analysis should focus on options with long term benefits that 
reduce production and technical risk. The Committee is aware 
that the Coast Guard MH-60T fleet currently has more flight 
hours per aircraft than any other H-60 fleet and does not 
support developmental options. The Committee directs the Coast 
Guard to choose a sustainment strategy that is proven to be 
safe and reliable to ensure the fleet can be sustained until it 
is recapitalized in conjunction with the Department of 
Defense's Future Vertical Lift program.
    HH-65 Conversion/Sustainment. The recommendation provides 
$28,000,000 for the HH-65 program, $8,000,000 above the request 
to fund both the planned avionics upgrades and the costs 
associated with the SLEP. The USCG will save on labor costs by 
completing both projects concurrently during the normal depot 
maintenance cycle, which will also reduce the risk of these 
aircraft reaching the maximum 20,000 hours prior to undergoing 
SLEP.

                Shore Facilities and Aids to Navigation

    Major Construction; Housing; ATON; and Survey & Design. The 
recommendation includes $5,000,000 above the request to address 
station facility requirements identified on the Coast Guard's 
Unfunded Priority List.

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2018.......................       $29,141,000
Budget request, fiscal year 2019......................        19,109,000
Recommended in the bill...............................        19,109,000
Bill compared with:
    Appropriation, fiscal year 2018...................       -10,032,000
    Budget request, fiscal year 2019..................             - - -
 

    Research and Development (R&D;) funding sustains critical 
Coast Guard mission capabilities through applied research, 
testing, development, and evaluation programs. Several R&D; 
programs include partnerships with other DHS components, DoD, 
and other federal and private research organizations.
    The Committee is aware that the U.S. Navy has an ongoing 
program to develop and field advanced ballistic shielding on 
Crew Served Weapon Stations that will provide increased 
protection at lower weight with high durability in the marine 
environment. The Committee encourages the Coast Guard to assess 
whether this protection system is appropriate for Coast Guard 
vessels.
    The Coast Guard is directed to brief the Committee not 
later than 90 days after the date of enactment of this Act with 
an update on the results of the examination, for which up to 
$5,000,000 was provided in the fiscal year 2018 DHS 
Appropriations Act, on whether the Coast Guard's heavy 
icebreaking requirements can be met by existing vessels using 
short-term procurement strategies.

                ENVIRONMENTAL COMPLIANCE AND RESTORATION

 
 
 
Appropriation, fiscal year 2018.......................       $13,397,000
Budget request, fiscal year 2019......................             - - -
Recommended in the bill...............................        13,429,000
Bill compared with:
    Appropriation, fiscal year 2018...................           +32,000
    Budget request, fiscal year 2019..................       +13,429,000
 

    The Environmental Compliance and Restoration appropriation 
provides funding for environmental cleanup, sustainment, and 
restoration of current and former contaminated Coast Guard 
facilities. Additionally, it funds engineering remedies on 
Coast Guard assets for the purpose of obtaining or restoring 
compliance with environmental laws and preventing contamination 
and environmental damage.
    The Committee recommends $13,429,000 for EC&R.; The funding 
level for these activities is the same as the amount requested; 
however, the recommendation continues funding in the EC&R; 
account instead of the requested realignment into the O&S; 
account.

                    HEALTH CARE FUND CONTRIBUTION\1\

 
 
 
Appropriation, fiscal year 2018.......................      $204,136,000
Budget request, fiscal year 2019......................       199,360,000
Recommended in the bill...............................       199,360,000
Bill compared with:
    Appropriation, fiscal year 2018...................        -4,776,000
    Budget request, fiscal year 2019..................             - - -
 
\1\This is a permanent indefinite discretionary appropriation.

    The Health Care Fund Contribution accrues the Coast Guard's 
military Medicare-eligible health benefit contribution to the 
DoD Medicare-Eligible Retiree Health Care Fund. Contributions 
are for future Medicare-eligible retirees, as well as retiree 
dependents and their potential survivors.

                              RETIRED PAY

 
 
 
Appropriation, fiscal year 2018.......................    $1,676,117,000
Budget request, fiscal year 2019......................     1,739,844,000
Recommended in the bill...............................     1,739,844,000
Bill compared with:
    Appropriation, fiscal year 2018...................       +63,727,000
    Budget request, fiscal year 2019..................             - - -
 

    The Retired Pay appropriation provides payments as 
identified under the Retired Serviceman's Family Protection and 
Survivor Benefits Plans and other retired personnel 
entitlements identified under prior-year National Defense 
Authorization Acts. This appropriation also includes funding 
for medical care of retired personnel and their dependents.

                      United States Secret Service


 
 
 
Appropriation, fiscal year 2018.......................    $2,006,524,000
Budget request, fiscal year 2019......................     2,151,624,000
Recommended in the bill...............................     2,167,186,000
Bill compared with:
    Appropriation, fiscal year 2018...................      +160,662,000
    Budget request, fiscal year 2019..................       +15,562,000
 

                                Mission

    The United States Secret Service (USSS) has statutory 
authority to carry out two primary missions: protecting the 
nation's leaders and investigating financial and electronic 
crimes. The Secret Service protects and investigates threats 
against the President and Vice President, their families, 
visiting heads of state, and other designated individuals; 
protects the White House, the Vice President's Residence, 
foreign missions, and certain other facilities within 
Washington, D.C.; and coordinates the security at National 
Special Security Events (NSSEs). The Secret Service also 
investigates violations of laws relating to counterfeiting of 
obligations and securities of the United States; financial 
crimes, including access device fraud, financial institution 
fraud, identity theft, and computer fraud; and computer-based 
attacks on financial, banking, and telecommunications 
infrastructure. In addition, the agency provides support for 
investigations related to missing and exploited children.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2018.......................    $1,915,794,000
Budget request, fiscal year 2019......................     2,084,308,000
Recommended in the bill...............................     2,099,870,000
Bill compared with:
     Appropriation, fiscal year 2018..................      +184,076,000
    Budget request, fiscal year 2019..................       +15,562,000
 

    Within the total amount provided, the Committee recommends 
that $41,536,000 remain available until September 30, 2020, of 
which $6,782,000 is for the James J. Rowley Training Center; 
$10,754,000 is for Operational Mission Support (OMS); and 
$18,000,000 is for protective travel. As directed in House 
Report 115-239, USSS should continue to work towards obligating 
all of its Operations and Support funding during the fiscal 
year, including projects supported by OMS.
    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request      Recommended
------------------------------------------------------------------------
Operations and Support
    Protective Operations
        Protection of Persons and        $747,201,000       $747,201,000
         Facilities...............
        Protective Countermeasures         55,309,000         55,309,000
        Protective Intelligence...         48,239,000         48,239,000
        Presidential Campaigns and         28,500,000         28,500,000
         National Special Security
         Events...................
                                   -------------------------------------
            Subtotal, Protective          879,249,000        879,249,000
             Operations...........
    Field Operations
        Domestic and International        627,687,000        628,471,000
         Field Operations.........
        Support for Missing and             6,000,000          6,000,000
         Exploited Children
         Investigations...........
        Support for Computer                4,000,000         18,778,000
         Forensics Training.......
                                   -------------------------------------
            Subtotal, Field               637,687,000        653,249,000
             Operations...........
    Basic and In-Service Training         101,854,000        101,854,000
     and Professional Development.
    Mission Support...............        465,518,000        465,518,000
                                   -------------------------------------
        Total, Operations and          $2,084,308,000     $2,099,870,000
         Support..................
------------------------------------------------------------------------

    The recommendation includes $18,778,000 for continued 
support of the National Computer Forensics Institute (NCFI), 
which is $14,778,000 above the request. The NCFI provides 
electronic crimes investigation training to state and local law 
enforcement officers, prosecutors, and judges who are nominated 
for participation by USSS field offices. The recommendation 
also includes $8,366,000 for support of missing and exploited 
children investigations, of which $2,366,000 is for forensic 
and investigative support and $6,000,000, as requested, is for 
a grant related to investigations.
    For fiscal years 2016 through 2018, Congress appropriated 
nearly $45,000,000 to the Secret Service to refresh National 
Capital Region radio equipment. The recommendation includes 
$3,494,000, as requested, for sustainment of the newly-deployed 
equipment.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2018.......................       $90,480,000
Budget request, fiscal year 2019......................        64,816,000
Recommended in the bill...............................        64,816,000
Bill compared with:
    Appropriation, fiscal year 2018...................       -25,664,000
    Budget request, fiscal year 2019..................             - - -
 

    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request      Recommended
------------------------------------------------------------------------
Procurement, Construction, and
 Improvements
    Protection Assets and                 $52,971,000        $52,971,000
     Infrastructure...............
    Operational Communications/             8,845,000          8,845,000
     Information Technology.......
    Construction and Facility               3,000,000          3,000,000
     Improvements.................
                                   -------------------------------------
        Total, Procurement,               $64,816,000        $64,816,000
         Construction, and
         Improvements.............
------------------------------------------------------------------------

    The Secret Service shall brief the Committee not later than 
90 days after the date of enactment of this Act on the 
recapitalization of fully armored vehicles, including a 
schedule for production and delivery of replacement vehicles.

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2018.......................          $250,000
Budget request, fiscal year 2019......................         2,500,000
Recommended in the bill...............................         2,500,000
Bill compared with:
    Appropriation, fiscal year 2018...................        +2,250,000
    Budget request, fiscal year 2019..................             - - -
 

             Title II--Administrative Provisions--This Act

    Section 201. The Committee continues by reference a 
provision regarding overtime compensation.
    Section 202. The Committee continues a provision allowing 
CBP to sustain or increase operations in Puerto Rico with 
appropriated funds.
    Section 203. The Committee continues a provision regarding 
the availability of COBRA fee revenue.
    Section 204. The Committee continues a provision allowing 
CBP access to certain reimbursements for preclearance 
activities.
    Section 205. The Committee continues a provision regarding 
the importation of prescription drugs by an individual for 
personal use.
    Section 206. The Committee continues a provision regarding 
waivers of the Jones Act.
    Section 207. The Committee continues a provision 
prohibiting funds from being used by DHS to approve, license, 
facilitate, authorize, or allow the trafficking or import of 
property confiscated by the Cuban Government.
    Section 208. The Committee continues a provision allowing 
the Secretary to reprogram funds within and transfer funds to 
``U.S. Immigration and Customs Enforcement--Operations and 
Support'' to ensure the detention of aliens prioritized for 
removal.
    Section 209. The Committee continues a provision 
prohibiting the use of funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' 
for the 287(g) program if the terms of the agreement governing 
the delegation of authority have been materially violated.
    Section 210. The Committee continues a provision 
prohibiting the use of funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' 
to contract for detention services if the facility receives 
less than ``adequate'' ratings in two consecutive performance 
evaluations.
    Section 211. The Committee continues a provision clarifying 
that certain elected and appointed officials are not exempt 
from federal passenger and baggage screening.
    Section 212. The Committee continues a provision directing 
the deployment of explosives detection systems based on risk 
and other factors.
    Section 213. The Committee continues a provision 
authorizing TSA to use funds from the Aviation Security Capital 
Fund for the procurement and installation of explosives 
detection systems or for other purposes authorized by law.
    Section 214. The Committee continues a provision 
prohibiting funds made available by this Act under the heading 
``Coast Guard--Operations and Support'' for recreational vessel 
expenses, except to the extent fees are collected from owners 
of yachts and credited to this appropriation.
    Section 215. The Committee continues a provision allowing 
up to $10,000,000 to be reprogrammed to or from Military Pay 
and Allowances within ``Coast Guard--Operations and Support''.
    Section 216. The Committee continues a provision requiring 
submission of a future-years capital investment plan.
    Section 217. The Committee continues a provision allowing 
the Secret Service to obligate funds in anticipation of 
reimbursement for personnel receiving training.
    Section 218. The Committee continues a provision 
prohibiting funds made available to the Secret Service for the 
protection of the head of a federal agency other than the 
Secretary of Homeland Security, except where the Director has 
entered into a reimbursable agreement for such protection 
services.
    Section 219. The Committee continues a provision allowing 
the reprogramming of funds within ``United States Secret 
Service--Operations and Support''.
    Section 220. The Committee continues a provision allowing 
for funds made available for ``United States Secret Service--
Operations and Support'' to be available for travel of 
employees on protective missions without regard to limitations 
on such expenditures in this or any other Act after 
notification to the Committees on Appropriation.
    Section 221. The Committee includes a new provision 
requiring the submission of an expenditure plan for funds made 
available for ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'', and prohibiting 
the obligation of funds without prior approval of the plan by 
the Committees on Appropriations.
    Section 222. The Committee includes a provision providing 
an additional $1,000,000 for ``Coast Guard--Operations and 
Support''.

      TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY


              National Protection and Programs Directorate


 
 
 
Appropriation, fiscal year 2018.......................    $1,911,402,000
Budget request, fiscal year 2019......................     1,821,151,000
Recommended in the bill...............................     1,934,562,000
Bill compared with:
    Appropriation, fiscal year 2018...................       +23,160,000
    Budget request, fiscal year 2019..................      +113,411,000
 

                                Mission

    The National Protection and Programs Directorate (NPPD) is 
responsible for enhancing the security of the nation's physical 
and cyber infrastructure and interoperable communications 
systems; preventing terrorism and enhancing security; 
safeguarding and securing cyberspace; and strengthening 
national preparedness and resilience. Secure and resilient 
infrastructure is essential for national security, economic 
vitality, and public health and safety.

                             Recommendation

    The Committee is concerned about the increasing frequency 
of advanced persistent threats targeting critical 
infrastructure sectors in the United States. Within 60 days of 
the date of enactment of this Act, the Department is directed 
to brief the Committee on the status of implementing the 
recommendations of the 2017 report of the National 
Infrastructure Advisory Council, Securing Cyber Assets: 
Addressing Urgent Cyber Threats to Critical Infrastructure.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2018.......................    $1,482,165,000
Budget request, fiscal year 2019......................     1,470,340,000
Recommended in the bill                                    1,550,112,000
Bill compared with:
    Appropriation, fiscal year 2018...................       +67,947,000
    Budget request, fiscal year 2019..................       +79,772,000
 

    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request     Recommendation
------------------------------------------------------------------------
Operations and Support
    Cybersecurity
        Cyber Readiness and              $224,396,000       $259,775,000
         Response.................
        Cyber Infrastructure               30,059,000         38,259,000
         Resilience...............
        Federal Cybersecurity.....        458,600,000        462,200,000
                                   -------------------------------------
                Subtotal,                 713,055,000        760,234,000
                 Cybersecurity....
    Infrastructure Protection
    Infrastructure Capacity               129,182,000        138,953,000
     Building
    Infrastructure Security                76,853,000         76,853,000
     Compliance...................
                                   -------------------------------------
                Subtotal,                 206,035,000        215,806,000
                 Infrastructure
                 Protection.......
    Emergency Communications
        Emergency Communications           51,785,000         53,785,000
         Preparedness.............
        Priority                           63,911,000         63,911,000
         Telecommunications
         Services.................
                                   -------------------------------------
                Subtotal,                 115,696,000        117,696,000
                 Emergency
                 Communications...
    Integrated Operations
        Cyber and Infrastructure           44,683,000         60,950,000
         Analysis.................
        Critical Infrastructure            23,429,000         27,984,000
         Situational Awareness....
            [Defense].............       (21,320,000)       (25,465,000)
        Stakeholder Engagement and         45,127,000         45,127,000
         Requirements.............
            [Defense].............       (40,614,000)       (40,614,000)
        Strategy, Policy, and              13,931,000         13,931,000
         Plans....................
            [Defense].............        (9,194,000)        (9,194,000)
                                   -------------------------------------
                Subtotal,                 127,170,000        147,992,000
                 Integrated
                 Operations.......
    Office of Biometric Identity
     Management
        Identity and Screening             69,590,000         69,590,000
         Program Operations.......
        IDENT/Homeland Advanced           160,691,000        160,691,000
         Recognition Technology...
                                   -------------------------------------
                Subtotal, Office          230,281,000        230,281,000
                 of Biometric
                 Identity
                 Management.......
    Mission Support...............         78,103,000         78,103,000
        [Defense].................       (24,212,000)       (24,212,000)
                                   -------------------------------------
            Total, Operations and      $1,470,340,000     $1,550,112,000
             Support..............
------------------------------------------------------------------------

                             Cybersecurity

    Cyber Readiness and Response. The Committee recommends 
$259,775,000 for Cyber Readiness and Response, $35,379,000 
above the request, of which $29,379,000 is to continue 
investing in the Election Infrastructure Security Initiative 
(EISI) and $6,000,000 is to increase cybersecurity services for 
the non-election critical infrastructure sectors. The Committee 
encourages NPPD to implement measures to increase National 
Cybersecurity and Communications Integration Center (NCCIC) 
operational efficiency and coordination in preparation for the 
upcoming mid-term elections. NPPD is urged to work with the 
Election Assistance Commission and state and local governments 
and increase support for training, risk assessments, and 
incident response.
    Given that elections infrastructure--election and voting 
systems, products, and service vendors and related supply-chain 
participants--have been designated as part of the nation's 
critical infrastructure, DHS has a significant role in 
assisting state and local election officials as they prepare 
for federal elections. The Committee appreciates that DHS is 
working to provide that assistance and that there is an ongoing 
OIG investigation to examine the status of that work. To aid 
the Committee in its oversight function, the GAO shall examine 
how DHS is implementing its key responsibilities in overseeing 
protection of the elections critical infrastructure subsector 
and the reported benefits and challenges of such efforts.
    The Committee is aware of a joint cybersecurity 
collaborative exercise between the Snohomish County Public 
Utility District and the Washington State National Guard that 
informed the likely financial impact and cost of future cyber 
events. NPPD is directed to explore opportunities for 
facilitating such partnerships between and among federal, 
state, local, and private entities on the use of penetration 
testing and modeling to evaluate cyber vulnerabilities in 
critical infrastructure; work with the Chief of the National 
Guard Bureau and other stakeholders to identify best practices 
for such testing and modeling; and brief the Committee within 
180 days after the date of enactment of this Act on how NPPD, 
the National Guard, and other stakeholders could play a larger 
role in facilitating such partnerships.
    NPPD is directed to brief the Committee on the feasibility 
of establishing a pilot for a hacking competition that would 
allow independent cyber experts to identify cybersecurity 
vulnerabilities in election systems across the country, with 
participants potentially eligible to receive rewards, as 
determined by the Secretary, based upon their findings. The 
participation of state and local election officials, including 
any access to their networks, should be completely voluntary. 
State and local election officials, as well as election service 
providers, should be appropriately notified about relevant 
cybersecurity vulnerabilities discovered through the 
competition.
    Cyber Infrastructure Resilience. The Committee recommends 
$38,259,000 for Cyber Infrastructure Resilience, $8,200,000 
above the amount requested to hire subject matter experts for 
training systems and for instructional system design; develop 
consolidated cybersecurity training curricula and a course 
catalog; and create marketing materials to engage customers. 
NPPD is encouraged to consolidate its training, exercise, and 
education programs; expand and enhance training and exercise 
programs for federal, state, local, tribal, and territorial 
cyber professional and critical infrastructure owners and 
operators; and engage stakeholders in the private sector and at 
educational institutions, including elementary, secondary, and 
university organizations, to develop innovation services, 
projects, and ideas to build a national pipeline of 
cybersecurity professionals. Within its curricula and course 
offerings, NPPD is also encouraged to ensure that the Chemical 
Facility Anti-Terrorism Security (CFATS) inspectors are 
provided sufficient cybersecurity training.
    Federal Cybersecurity. The Committee recommends 
$462,200,000 for Federal Cybersecurity, $3,600,000 above the 
amount requested for additional positions to accelerate 
deployment of the Continuous Diagnostics and Mitigation (CDM) 
technology program.

                       Infrastructure Protection

    Infrastructure Capacity Building. The Committee recommends 
$138,953,000 for Infrastructure Capacity Building, $9,771,000 
above the amount requested, including $1,121,000 for EISI and 
$4,650,000 to support NPPD's regionalization effort, which will 
improve service delivery to the field.
    Terrorists and other extremist actors place significant 
emphasis on conducting simple and unsophisticated attacks on 
event venues and infrastructure that, due to the nature of 
their business or operational models, have relatively few 
security measures in place, such as sporting events, concerts, 
and schools. The Committee supports NPPD's plan to establish a 
Soft Target Program Management Office that will address these 
risks in a more comprehensive, innovative, and coordinated 
manner. It is imperative that venue and infrastructure owners 
and operators continue to identify innovative solutions, such 
as credential verification, to mitigate risks in order to 
reduce the probability of a successful attack that could result 
in casualties or operational disruptions. The recommendation 
includes an additional $4,000,000 for a credential verification 
pilot that would examine the feasibility of implementing 
security protocols for screening and verifying the identities 
of individuals prior to their entry into a facility without 
significantly disrupting the visitor experience.

                        Emergency Communications

    Emergency Communications Preparedness. The Committee 
recommends $53,785,000 for Emergency Communications 
Preparedness, $2,000,000 above the amount requested, for EISI. 
Of the amount provided, $3,482,000 is for development and 
implementation of the National Emergency Communications Plan to 
perform outreach to help achieve data interoperability on 
platforms intended to augment public safety voice 
communications.

                         Integrated Operations

    Cyber and Infrastructure Analysis. The Committee recommends 
$60,950,000 for Cyber and Infrastructure Analysis, an increase 
of $16,267,000 above the request, including an increase of 
$500,000 for EISI and an increase of $9,738,000 to restore 
funding for the National Infrastructure Simulation Analysis 
Center to the fiscal year 2018 level of $18,650,000.
    The Committee recommends an increase of $6,029,000 for risk 
analyses of industrial control systems and encourages the 
Office of Cyber and Infrastructure Analysis (OCIA) to use 
commercial, human-led threat behavioral analysis and 
technology. OCIA is also encouraged to employ private sector, 
industry-specific threat intelligence and best practices to 
better characterize potential consequences to other critical 
infrastructure sectors during a systemic cyber event.
    Critical Infrastructure Situational Awareness. Due to 
critical dependencies and interdependencies of the electric 
power subsector, loss of electric power can quickly cascade to 
water, wastewater, communications, transportation, and 
information technology systems, potentially degrading services 
necessary for public health and safety. The Committee 
recommends $27,984,000 for Critical Infrastructure Situational 
Awareness, an increase of $4,555,000 above the request, of 
which $3,780,000 is to improve and enhance capabilities for 
near-real-time monitoring of the inter-connected dependencies 
of the electric power subsector and other critical 
infrastructure sectors and $775,000 is to support NPPD's 
regionalization effort.

                       FEDERAL PROTECTIVE SERVICE

 
 
 
Appropriation, fiscal year 2018.......................    $1,476,055,000
Budget request, fiscal year 2019......................     1,527,110,000
Recommended in the bill...............................     1,527,110,000
Bill compared with:
    Appropriation, fiscal year 2018...................       +51,055,000
    Budget request, fiscal year 2019..................             - - -
 

    The Committee recommends $1,527,110,000 for the Federal 
Protective Service (FPS), the same as the amount requested. 
This amount is fully offset by fees collected from FPS customer 
agencies.
    The Secretary and the Director of OMB shall certify in 
writing to the Committee, not later than 60 days after the date 
of enactment of this Act, that the operations of FPS will be 
fully funded in fiscal year 2019 through the collection of 
security fees. Should insufficient fee revenue be collected to 
fully fund operations, an expenditure plan is required 
describing how security risks will be adequately addressed. 
Within this recommended funding level, FPS shall align staffing 
resources with mission requirements.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2018.......................      $414,111,000
Budget request, fiscal year 2019......................       302,964,000
Recommended in the bill...............................       367,964,000
Bill compared with:
    Appropriation, fiscal year 2018...................       -46,147,000
    Budget request, fiscal year 2019..................       +65,000,000
 

    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request     Recommendation
------------------------------------------------------------------------
Procurement, Construction, and
 Improvements
    Cybersecurity
        Continuous Diagnostics and       $125,548,000       $185,548,000
         Mitigation...............
        National Cybersecurity            110,078,000        110,078,000
         Protection System........
                                   -------------------------------------
            Subtotal,                     235,626,000        295,626,000
             Cybersecurity........
    Emergency Communications
        Next Generation Networks           42,551,000         42,551,000
         Priority Services........
    Biometric Identity Management
        IDENT/Homeland Advanced...
        Recognition Technology....         20,000,000         20,000,000
    Infrastructure Protection
        Infrastructure Protection           4,787,000          9,787,000
         (IP) Gateway.............
                                   -------------------------------------
            Total, Procurement,          $302,964,000       $367,964,000
             Construction, and
             Improvements.........
------------------------------------------------------------------------

                             Cybersecurity

    Continuous Diagnostics and Mitigation. The recommendation 
includes $60,000,000 above the request to deploy CDM Phases I 
and II to additional agencies, accelerate deployment of Phase I 
to cloud assets and mobile devices, and enhance dashboard 
visualization for both agency and federal dashboards to better 
enable agency security officers and federal critical 
vulnerability management analysts to identify and mitigate 
problems according to their severity. The Committee supports 
NPPD's plan to spend not less than $17,000,000 on Phase IV 
pilot programs and directs NPPD to provide a briefing, within 
90 days of the date of enactment of this Act, on its timeline 
and acquisition strategy for deploying CDM Phase IV data 
protection capabilities (e.g., digital rights management, data 
masking, micro-segmentation, enhanced encryption, mobile device 
management) across all civilian ``.gov'' agencies.

                       Infrastructure Protection

    Infrastructure Protection (IP) Gateway. The recommendation 
includes $5,000,000 above the request to modernize IP Gateway 
infrastructure technology and migrate the ten-year-old system 
to a secure cloud platform. This effort will provide a more 
user-friendly interface, allow access from mobile devices, and 
provide increased connectivity with other DHS systems.

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2018.......................       $15,126,000
Budget request, fiscal year 2019......................        47,847,000
Recommended in the bill...............................        16,486,000
Bill compared with:
    Appropriation, fiscal year 2018...................        +1,360,000
    Budget request, fiscal year 2019..................       -31,361,000
 

    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request     Recommendation
------------------------------------------------------------------------
Research and Development
    Cybersecurity.................        $41,416,000         $4,695,000
    1Infrastructure Protection....          2,431,000          7,791,000
    Integrated Operations.........          4,000,000          4,000,000
                                   -------------------------------------
        Total, Research and               $47,847,000        $16,486,000
         Development..............
------------------------------------------------------------------------

                             Cybersecurity

    The recommendation supports the requested $36,721,000 
increase above fiscal year 2018 for cybersecurity research and 
development to support NPPD's requirements; however, this 
funding is included in the Science and Technology Directorate's 
Research and Development account.

                       Infrastructure Protection

    The Committee supports NPPD's efforts to pursue new 
innovative technologies for rapid deployment, identify projects 
to address resilient design challenges, develop tools to 
support infrastructure investment decisions, and create 
products that can aid in detecting malicious activity. The 
recommendation includes an increase of $5,360,000 above the 
amount requested for the Technology Development and Deployment 
Program to define agency needs, identify requirements for 
community level critical infrastructure protection and 
resilience, and rapidly develop, test, and transition to use 
technologies that address these needs and requirements.

                  Federal Emergency Management Agency


 
 
 
Appropriation, fiscal year 2018.......................   $12,309,039,000
Budget request, fiscal year 2019......................    11,020,699,000
Recommended in the bill...............................    11,726,808,000
Bill compared with:
    Appropriation, fiscal year 2018-582,231,000.......
    Budget request, fiscal year 2019..................      +706,109,000
 
Note: Totals include funding designated by the Congress as being for
  disaster relief pursuant to section 251(b)(2)(D) of the Balanced
  Budget and Emergency Deficit Control Act of 1985.

                                Mission

    The Federal Emergency Management Agency (FEMA) helps build, 
sustain, and improve the nation's capability to prepare for, 
protect against, respond to, recover from, and mitigate all 
hazards through disaster response, recovery, and grant programs 
supporting first responders, emergency management, mitigation 
activities, and preparedness.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2018.......................    $1,030,135,000
Budget request, fiscal year 2019......................     1,036,282,000
Recommended in the bill...............................     1,057,599,000
Bill compared with:
    Appropriation, fiscal year 2018...................       +27,464,000
    Budget request, fiscal year 2019..................       +21,317,000
 

    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request     Recommendation
------------------------------------------------------------------------
Operations and Support
    Regional Operations...........       $158,439,000       $158,439,000
    Mitigation....................         36,011,000         36,011,000
    Preparedness and Protection...        132,823,000        132,823,000
    Response and Recovery
        Response..................        174,337,000        192,154,000
            (Urban Search and            (27,513,000)       (45,330,000)
             Rescue)..............
        Recovery..................         49,010,000         49,010,000
    Mission Support...............        485,662,000        489,162,000
                                   -------------------------------------
            Total, Operations and      $1,036,282,000     $1,057,599,000
             Support..............
            (Defense).............       (42,213,000)       (42,213,000)
------------------------------------------------------------------------

                         Response and Recovery

    The Committee recommends $45,330,000 for the Urban Search 
and Rescue Response System (USAR). This funding level continues 
support for the 28 USAR Task Forces at fiscal year 2018 levels, 
and includes an additional $10,150,000 to enable FEMA to 
recapitalize critical equipment necessary to conduct life-
saving search and rescue operations.
    FEMA is directed to assess the existing USAR Incident 
Support Team workforce to determine whether additional 
veterinarians are necessary to ensure search and rescue canines 
receive adequate care while on deployment, and to report to the 
Committee on its assessment not later than 60 days after the 
date of enactment of this Act. FEMA is encouraged to continue 
to coordinate with the U.S. Department of Agriculture and the 
Department of Health and Human Services to share best practices 
for the care of search and rescue canines.

                            Mission Support

    The Committee recommends an increase of $2,500,000 above 
the request to utilize existing enhanced communications 
platforms that integrate telephone, mobile, and web 
communications to provide real-time feedback through live, 
interactive, multimedia platforms. This capability will enable 
FEMA to more effectively engage and support the disaster 
workforce and state, local, tribal, and territorial partners 
before, during, and after disasters.
    The Committee also recommends an increase of $1,000,000 
above the request to support FEMA's ongoing efforts to deploy 
the Interoperable Gateway System throughout the continental 
United States and the Caribbean, with the goal of providing a 
single communications platform to ensure the continuity of 
communications in the event of a natural disaster or other 
catastrophic event. FEMA is directed to brief the Committee not 
later than 90 days after the date of enactment of this Act on 
its progress in deploying these interoperability solutions.
    The Committee supports the agency's efforts to establish 
FEMA Integration Teams, through which FEMA regional staff will 
be embedded with state, local, tribal, and territorial (SLTT) 
government offices to provide a continuous presence before, 
during, and after disasters. The co-location of trained FEMA 
personnel with SLTT partners will enable FEMA to improve 
coordination with those partners and provide more effective 
disaster response and recovery operations. The Committee 
expects FEMA will include funding in the fiscal year 2020 
budget request to support continued implementation of this 
initiative.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2018.......................       $85,276,000
Budget request, fiscal year 2019......................       103,349,000
Recommended in the bill...............................       103,349,000
Bill compared with:
    Appropriation, fiscal year 2018...................       +18,073,000
    Budget request, fiscal year 2019..................             - - -
 

    The recommendation includes $11,670,000 for modernization 
of the Integrated Public Alert Warning System and $45,496,000 
for construction and facility improvements for the Mount 
Weather Emergency Operations Center.
    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request     Recommendation
------------------------------------------------------------------------
Procurement, Construction, and
 Improvements
    Operational Communications/           $11,670,000        $11,670,000
     Information Technology.......
    Construction and Facility              46,996,000         46,996,000
     Improvements.................
    Mission Support Assets and             44,683,000         44,683,000
     Infrastructure...............
                                   -------------------------------------
        Total, Procurement,              $103,349,000       $103,349,000
         Construction, and
         Improvements.............
        (Defense).................       (57,166,000)       (57,166,000)
------------------------------------------------------------------------

                           FEDERAL ASSISTANCE

 
 
 
Appropriation, fiscal year 2018.......................    $3,293,932,000
Budget request, fiscal year 2019......................     2,644,733,000
Recommended in the bill...............................     3,356,525,000
Bill compared with:
    Appropriation, fiscal year 2018...................       +62,593,000
    Budget request, fiscal year 2019..................      +711,792,000
 

    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request     Recommendation
------------------------------------------------------------------------
Federal Assistance
    Grants
        State Homeland Security          $349,362,000       $538,000,000
         Grant Program............
            (Operation                          - - -       (85,000,000)
             Stonegarden).........
            (Nonprofit Security)..              - - -       (10,000,000)
        Urban Area Security               448,844,000        661,000,000
         Initiative...............
            (Nonprofit Security)..              - - -       (50,000,000)
        Public Transportation              36,358,000        100,000,000
         Security Assistance......
            (Amtrak Security).....              - - -       (10,000,000)
            (Other-the Road Bus                 - - -        (4,000,000)
             Security)............
        Port Security Grants......         36,358,000        100,000,000
        Assistance to Firefighter         344,344,000        350,000,000
         Grants...................
        Staffing for Adequate Fire        344,344,000        350,000,000
         and Emergency Response
         (SAFER) Grants...........
        Emergency Management              279,335,000        350,000,000
         Performance Grants.......
        Competitive Preparedness          522,000,000              - - -
         Grant Program............
        National Predisaster               39,016,000        249,200,000
         Mitigation Fund..........
        Flood Hazard Mapping and          100,000,000        262,531,000
         Risk Analysis Program
         (RiskMAP)................
        Emergency Food and Shelter              - - -        120,000,000
                                   -------------------------------------
            Subtotal, Grants......      2,499,961,000      3,080,731,000
    Education, Training, and
     Exercises....................
        Center for Domestic                63,756,000         63,939,000
         Preparedness.............
        Center for Homeland                     - - -         18,000,000
         Defense and Security.....
        Emergency Management               18,876,000         20,569,000
         Institute................
        U.S. Fire Administration..         43,493,000         43,493,000
        National Domestic                       - - -        101,000,000
         Preparedness Consortium..
        Continuing Training Grants              - - -          8,000,000
        National Exercise Program.         18,647,000         20,793,000
                                   -------------------------------------
            Subtotal, Education,          144,772,000        275,794,000
             Training, and
             Exercises............
                                   -------------------------------------
        Total, Federal Assistance.     $2,644,733,000     $3,356,525,000
------------------------------------------------------------------------

                                 Grants

    A general provision is included in title V of the bill, 
providing $41,000,000 to reimburse state and local law 
enforcement for extraordinary costs associated with the 
protection of the President in jurisdictions where the 
President maintains a residence.
    State Homeland Security Grant Program. State, local, 
tribal, and territorial governments play an important role in 
preparing for, preventing, disrupting, mitigating, and 
protecting against cyber-attacks. The Committee urges FEMA to 
consider prioritizing cybersecurity and technical resources 
within its grant programs to enable state, local, tribal, and 
territorial governments to better identify, detect, protect 
against, disrupt, respond to, and recover from cyber threats 
and attacks.
    In OIG-18-13, the OIG concluded that FEMA and CBP did not 
meet their oversight responsibilities to monitor Stonegarden 
grantees, issue adequate guidance and approve costs, and 
demonstrate program performance. Not later than 30 days after 
the date of enactment of this Act, FEMA and CBP shall update 
the Committee on the status of carrying out the recommendations 
in the OIG report. Further, as part of the fiscal year 2020 
budget request, FEMA shall include performance measures for 
Operation Stonegarden that clearly demonstrate the extent to 
which funding for the program can be tied to progress in 
achieving program goals, along with estimates for how proposed 
funding would contribute to additional progress. These 
performance measures should be consistent with 31 U.S.C. 1116 
and should include outcome measures, as defined by 31 U.S.C. 
1115(h).
    The Committee supports efforts to build more resilient 
tribal communities, including culturally appropriate homeland 
security and emergency management training provided by tribal 
colleges and universities for students in their communities.
    Urban Area Security Initiative. The Committee expects the 
Secretary to prioritize UASI funding towards urban areas that 
are subject to the greatest terrorism risk, and to allocate 
resources in proportion to that risk. The Department shall 
limit UASI funding to urban areas representing up to 85 percent 
of the national urban area risk.
    Firefighter Assistance Grants. FEMA is encouraged to give 
high priority consideration to grants providing for planning, 
training, and equipment to firefighters for crude oil-by-rail 
and ethanol-by-rail derailment and incident response to help 
meet the needs of our most vulnerable communities and first 
responders.
    The Committee encourages FEMA to provide technical 
assistance, and work more closely with those communities that 
are underserved or underrepresented.
    Source Capture Exhaust Extraction Systems (SCES), which 
capture and filter exhaust gases, are used in firehouses to 
protect the health and safety of firefighters by reducing their 
exposure to diesel fumes. FEMA is encouraged to assess whether 
all SCES--including vehicle-mounted--should be rated ``high 
priority'' under the Assistance to Firefighters Grant Program.
    National Predisaster Mitigation Fund. The Committee is 
aware that in recent years, there have been breakthroughs in 
technologies that can provide predictive assistance in advance 
of natural disasters such as floods, wildfires, and seismic 
activity to reduce significantly the losses of life and 
property by contributing to mitigation planning. The Committee 
encourages FEMA to explore the use of artificial intelligence, 
cloud computing power, and related cutting edge technologies 
with grantees.
    Flood Hazard Mapping and Risk Analysis. Accurate flood 
mapping data is the foundation of ensuring that communities are 
resilient in the face of disaster. FEMA's data collection and 
modeling processes must be transparent from beginning to end 
and involve the active participation of local jurisdictions to 
ensure maps accurately reflect local conditions and minimize 
costs to local communities. The Committee looks forward to 
receiving the briefing required in House Report 115-239 on 
FEMA's assessment of its existing processes to identify 
potential areas for improvement, including the process for 
reviewing and responding to appeals of preliminary Flood 
Insurance Rate Maps received from local communities.
    In addition to its ``natural valley'' method for analyzing 
and mapping flood hazards, for coastal areas, FEMA should 
consider an approach, including dynamic, two-dimensional 
modeling or methods, that would be technically sound, credible, 
and cost-effective, and that would provide results that more 
precisely reflect the flood risk in coastal area impacted by 
levees.

                   Education, Training, and Exercises

    The Committee recommends $101,000,000 for the National 
Domestic Preparedness Consortium (NDPC). The NDPC provides 
comprehensive training to improve the readiness of the nation's 
first responders to respond to all hazards, including chemical, 
biological, radiological, nuclear, and explosives incidents.
    The recommendation also includes $8,000,000 for Continuing 
Training Grants. Funding supports competitively-awarded 
training programs to address specific national preparedness 
gaps, such as cybersecurity, economic recovery, housing, and 
rural and tribal preparedness. Within the total, FEMA shall 
prioritize funding of not less than $3,000,000, to be 
competitively awarded, for FEMA-certified rural and tribal 
training.

                          DISASTER RELIEF FUND

                     (INCLUDING TRANSFER OF FUNDS)

 
 
 
Appropriation, fiscal year 2018.......................    $7,900,720,000
Budget request, fiscal year 2019......................     7,234,000,000
Recommended in the bill...............................     7,210,000,000
Bill compared with:
    Appropriation, fiscal year 2018...................      -690,720,000
    Budget request, fiscal year 2019..................       -24,000,000
 
Note: Totals include funding designated by the Congress as being for
  disaster relief pursuant to section 251(b)(2)(D) of the Balanced
  Budget and Emergency Deficit Control Act of 1985.

    Bill language is included to allow FEMA to transfer up to 
$3,000,000 from the DRF to the Disaster Assistance Direct Loan 
Program for administrative costs to carry out the program.
    The Committee is concerned with FEMA's treatment of 
household financial ability when determining eligibility for 
continued rental assistance. According to the Administrator's 
testimony before the Committee, FEMA is currently reviewing its 
policy regarding continued rental assistance to identify 
necessary changes to ensure all applicants are treated equally. 
While this review is underway, the Committee includes an 
administrative provision in the bill to prohibit the 
consideration of income as the basis for denying continued 
rental assistance following a disaster. FEMA shall brief the 
Committee not later than 30 days after the date of enactment of 
this Act on the outcome of this review, including proposed 
regulatory or policy changes to ensure the fair and equal 
treatment of individuals when determining eligibility for 
continued rental assistance and a timeline for implementation 
of such changes. The briefing shall also address any 
legislative changes required, if applicable.
    Disaster mitigation structures such as seawalls are deemed 
public infrastructure if they are owned by a SLTT government, 
unless clear ownership by a SLTT government cannot be 
established. FEMA is encouraged to consider making Public 
Assistance and Individual Assistance grant funding available 
for repairs to disaster mitigation structures to the fullest 
extent allowed by the Stafford Act.
    The Committee is aware that, as recovery efforts following 
Hurricane Maria are underway in Puerto Rico, the Commonwealth's 
school system is concurrently undergoing a transition and 
consolidation effort. The Committee encourages FEMA to consult 
with the Department of Education to ensure federal agency 
efforts are coordinated during this period of transition, and 
to work with the Commonwealth to rebuild schools that are more 
resilient to natural disasters.
    FEMA is directed to conduct a needs-based assessment to 
determine the strategies and related costs required to ensure 
cost-effective hazard mitigation measures for coastal 
federally-recognized tribes, including the potential costs of 
relocation and any relevant legislative proposals, to reduce 
the risk of future damage, hardship, loss, or suffering from 
natural hazards and major disasters. FEMA shall submit such 
assessment to the Committee within one year of the date of 
enactment of this Act.
    The Committee notes the release of the 2017 Hurricane 
Season FEMA After-Action Report and remains concerned about the 
response to Hurricane Maria in Puerto Rico. Within 90 days of 
the date of enactment of this Act, the Committee directs the 
OIG to review the response and recovery effort to Hurricane 
Maria. The OIG shall make recommendations for improvements in 
the future including improvements to FEMA's response to appeals 
for housing assistance resulting in increasing the number of 
persons in need receiving assistance.
    As noted in the 2017 Hurricane Season FEMA After-Action 
Report, FEMA faced staffing shortages and logistical challenges 
in the tracking, moving, and delivery of resources to Puerto 
Rico and the U.S. Virgin Islands during the lead up and 
response to Hurricanes Maria and Irma. These challenges were in 
part due to response plans that were at least five years old 
for both locations. The Committee directs FEMA to work with 
states and territories to more frequently update response 
plans, make the necessary revisions to the National Response 
Framework and the Response Federal Interagency Operational 
Plan, and report back to the Committee within 90 days of the 
date of enactment of this Act on its progress. FEMA is further 
directed to brief the Committee on its disaster workforce 
review, as recommended in the 2017 Hurricane Season After-
Action, to include incident management, incident support, and 
mission essential functions.
    Within 90 days of the date of enactment of this Act, the 
Inspector General shall conduct an audit of contracts subject 
to FEMA reimbursement for the removal of debris resulting from 
Hurricane Irma, and shall report to the Committee on the 
results of such audit, including a determination of whether the 
services could have been provided at lower taxpayer cost.

                     NATIONAL FLOOD INSURANCE FUND

 
 
 
Appropriation, fiscal year 2018.......................      $203,500,000
Budget request, fiscal year 2019......................       201,691,000
Recommended in the bill...............................       201,691,000
Bill compared with:
    Appropriation, fiscal year 2018...................        -1,809,000
    Budget request, fiscal year 2019..................             - - -
 

    Section 11 of the Homeowner Flood Insurance Affordability 
Act of 2014 (Public Law 113-89) required FEMA to offer certain 
policyholders the option of paying their flood insurance 
premiums on a monthly basis, to help manage the cost of flood 
insurance to homeowners. However, more than four years after 
enactment, FEMA has yet to initiate the rule-making process. 
FEMA is directed to expeditiously promulgate regulations in 
compliance with this legislative mandate.

             Title III--Administrative Provisions--This Act

    Section 301. The Committee continues a provision limiting 
expenses for administration of grants.
    Section 302. The Committee continues a provision specifying 
timeframes for grant applications and awards.
    Section 303. The Committee continues a provision that 
requires five day advance notification for certain grant awards 
under ``Federal Emergency Management Agency--Federal 
Assistance''.
    Section 304. The Committee continues a provision that 
addresses the availability of certain grant funds for the 
installation of communications towers.
    Section 305. The Committee continues a provision requiring 
the submission of the monthly DRF report.
    Section 306. The Committee continues a provision permitting 
the Secretary to grant waivers from specified requirements of 
section 34 of the Federal Fire Prevention and Control Act of 
1974.
    Section 307. The Committee continues a provision providing 
for the receipt and expenditure of fees collected for the 
Radiological Emergency Preparedness Program, as authorized by 
Public Law 105-276.
    Section 308. The Committee includes a new provision 
prohibiting the denial of continued rental assistance to an 
individual or household on the basis of income.

        TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES


               U.S. Citizenship and Immigration Services


 
 
 
Appropriation, fiscal year 2018.......................      $132,513,000
Budget request, fiscal year 2019......................       131,919,000
Recommended in the bill...............................       131,919,000
Bill compared with:
    Appropriation, fiscal year 2018...................          -594,000
    Budget request, fiscal year 2019..................             - - -
 

                                Mission

    The mission of U.S. Citizenship and Immigration Services 
(USCIS) is to adjudicate and grant immigration and citizenship 
benefits, provide accurate and useful information to customers, 
and promote an awareness and understanding of citizenship in 
support of immigrant integration, while protecting the 
integrity of the nation's immigration system. Funded primarily 
through fees, the only discretionary spending is for the E-
Verify program, an information technology system that enables 
employers to determine a job applicant's eligibility to work in 
the United States.

                             Recommendation

    As in prior years, the bill makes available $10,000,000 in 
fee revenue to support the Citizenship and Integration Grant 
Program. In addition, USCIS continues to have the authority to 
accept private donations to support this program. The Committee 
directs USCIS to provide an update on its planned use of this 
authority not later than 30 days after the date of enactment of 
this Act, to include efforts undertaken to solicit private 
donations.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2018.......................      $108,856,000
Budget request, fiscal year 2019......................       109,081,000
Recommended in the bill...............................       109,081,000
Bill compared with:
    Appropriation, fiscal year 2018...................          +225,000
    Budget request, fiscal year 2019..................             - - -
 

    The Committee directs DHS to administer the H-2B and H-2A 
visa programs in a manner consistent with the law and to 
continue to process applications as quickly as possible.
    The Committee also directs USCIS to conduct a Benefit Fraud 
Assessment regarding the Special Immigrant Juvenile program and 
brief the Committee on the results of such assessment not later 
than one year after the date of enactment of this Act.
    USCIS is expected to continue the use of fee waivers for 
applicants who can demonstrate an inability to pay the 
naturalization fee. USCIS is also encouraged to consider 
whether the current naturalization fee is a barrier to 
naturalization for those earning between 150 percent and 200 
percent of the federal poverty guidelines, who are not 
currently eligible for a fee waiver.
    The Committee encourages USCIS to maintain naturalization 
fees at an affordable level while also focusing on reducing the 
backlog of applicants. As USCIS undertakes its next biennial 
fee study, the Committee urges the agency to include in its 
final report an estimate of the resources required to clear the 
backlog of applications for temporary status, adjustment of 
status, and naturalization, as well as reduce future wait times 
from the submission to initial adjudication to no more than one 
year for all petitions processed by the agency.
    Additionally, any new fee study should account for the need 
to hire the required number of refugee and asylee interviewers 
and improve coordination with the intelligence community on 
expanded vetting for certain refugees.
    The Committee urges USCIS to dedicate more resources to U 
visa adjudication, specifically increasing trained U visa 
adjudicators by at least 60 additional agents, and provide 
adequate resources to hire staff and train adjudicators for the 
purpose of reviewing applications within six months of receipt.
    The Committee encourages USCIS to work with CBP to provide 
lawful permanent residents who arrive at ports of entry with 
information about the naturalization process and to encourage 
them to apply for U.S. citizenship. USCIS and CBP can provide 
this information through Automated Passport Control self-
service kiosks or through naturalization videos or signage 
created by the Office of Citizenship for display at USCIS 
locations and in the passport control or customs lines where 
lawful permanent residents wait to reenter the United States.
    USCIS shall brief the Committee within 180 days of the date 
of enactment of this Act on the number of application forms 
processed by month for fiscal years 2016 through 2018 for the 
following: form I-130 (Petition for Alien Relative); form I-485 
(Application to Register Permanent Residence or Adjust Status); 
form I-751 (Petition to Remove Conditions on Residence); and 
form N-400 (Application for Naturalization). The brief shall 
include data on the immigration status of the petitioner (U.S. 
citizen or legal permanent resident); nationality of the 
applicant; processing time; and field office or service center 
to which the application was assigned.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2018.......................       $22,657,000
Budget request, fiscal year 2019......................        22,838,000
Recommended in the bill...............................        22,838,000
Bill compared with:
    Appropriation, fiscal year 2018...................          +181,000
    Budget request, fiscal year 2019..................             - - -
 

    The Procurement, Construction, and Improvements account 
provides funds for the acquisition and deployment of the E-
Verify program.

                Federal Law Enforcement Training Centers


 
 
 
Appropriation, fiscal year 2018.......................      $254,000,000
Budget request, fiscal year 2019......................       382,134,000
Recommended in the bill...............................       254,774,000
Bill compared with:
    Appropriation, fiscal year 2018...................          +774,000
    Budget request, fiscal year 2019..................      -127,360,000
 

                                Mission

    The Federal Law Enforcement Training Centers (FLETC) serve 
as an interagency law enforcement training organization for 
over 90 federal agencies and numerous state, local, tribal, and 
international law enforcement agencies.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2018.......................      $254,000,000
Budget request, fiscal year 2019......................       296,557,000
Recommended in the bill...............................       254,774,000
Bill compared with:
    Appropriation, fiscal year 2018...................          +774,000
    Budget request, fiscal year 2019..................       -41,783,000
 

    The Committee recommends $254,774,000 for O&S;, $41,783,000 
below the amount requested and $774,000 above the amount 
provided in fiscal year 2018. The reduction below the requested 
amount reflects updated hiring levels for CBP and ICE based on 
funding provided by the Committee. A comparison of the budget 
request to the Committee recommended level by budget activity 
is as follows:

------------------------------------------------------------------------
                                      Budget Request      Recommended
------------------------------------------------------------------------
Operations and Support
    Law Enforcement Training......       $267,749,000       $225,966,000
    Mission Support...............        $28,808,000        $28,808,000
                                   -------------------------------------
        Total, Operations and            $296,557,000       $254,774,000
         Support..................
------------------------------------------------------------------------

    The Director of FLETC shall schedule basic or advanced law 
enforcement training, or both, at all four training facilities 
to ensure they are operated at the highest capacity throughout 
the fiscal year.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2018.......................             - - -
Budget request, fiscal year 2019......................       $85,577,000
Recommended in the bill...............................             - - -
Bill compared with:
    Appropriation, fiscal year 2018...................             - - -
    Budget request, fiscal year 2019..................       -85,577,000
 

    The Committee recommends no funding for Procurement, 
Construction, and Improvements for fiscal year 2019, as the 
requested increase in students that was used to justify these 
construction projects has not been funded.

                   Science and Technology Directorate


 
 
 
Appropriation, fiscal year 2018.......................      $840,943,000
Budget request, fiscal year 2019......................       583,283,000
Recommended in the bill...............................       802,159,000
Bill compared with:
    Appropriation, fiscal year 2018...................       -38,784,000
    Budget request, fiscal year 2019..................      +218,876,000
 

                                Mission

    The mission of the Science and Technology Directorate (S&T;) 
is to conduct and support research, development, developmental 
and operational testing and evaluation, and the timely 
transition of homeland security capabilities to federal, state, 
and local operational end users.

                             Recommendation

    The fiscal year 2019 President's budget request, for the 
second year in a row, proposes significant reductions to S&T;, 
which raises questions about the strategic direction the 
Department envisions for the capabilities provided by S&T.; This 
is especially true in the case of S&T;'s laboratory capabilities 
and for cybersecurity related research and development funding. 
While the Committee recommends continued funding for these 
programs, DHS is directed to brief the Committee not later than 
90 days after the date of enactment of this Act on the long-
term strategic direction regarding the planned role of 
laboratory facilities within the Department. Further, the 
Committee directs a joint briefing not later than 120 days 
after the date of enactment of this Act with S&T; and NPPD 
regarding the process for determining which R&D; projects to 
prioritize for funding that relate to cybersecurity and 
infrastructure protection, what the intended outcomes are, and 
a plan for transition, acquisition, and deployment of these 
technologies and capabilities upon completion.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2018.......................      $331,113,000
Budget request, fiscal year 2019......................       271,803,000
Recommended in the bill...............................       304,408,000
Bill compared with:
    Appropriation, fiscal year 2018...................       -26,705,000
    Budget request, fiscal year 2019..................       +32,605,000
 

    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request     Recommendation
------------------------------------------------------------------------
Operations and Support
    Laboratory Facilities.........       $110,519,000       $117,840,000
    Acquisition and Operations             42,552,000         48,510,000
     Analysis.....................
    Mission Support...............        118,732,000        138,058,000
                                   -------------------------------------
        Total, Operations and            $271,803,000       $304,408,000
         Support..................
------------------------------------------------------------------------

                         Laboratory Facilities

    The Committee recommends fully funding the Chemical 
Security Analysis Center (CSAC) and the National Urban Security 
Technology Laboratory (NUSTL) and notes that beginning in 
fiscal year 2019, funding for the National Biodefense Analysis 
and Countermeasures Center (NBACC) is shared with the Federal 
Bureau of Investigation. The Committee continues to support the 
important work of these laboratories and recognizes their 
unique contribution to the homeland security mission. 
Additionally, the Committee fully supports the President's 
proposal to expand the Work for Others (WFO) program within 
NBACC and directs S&T; to report back within 90 days of the date 
of enactment of this Act on the process established to 
document, streamline, and approve WFO projects and projections 
for the number of projects and total revenue generated for each 
for the next five fiscal years.
    The recommendation supports the transfer of the National 
Bio and Agro-defense Facility operations to the Agriculture 
Research Service within the Department of Agriculture.

                  Acquisition and Operations Analysis

    The recommendation includes an increase of $5,000,000 for 
the Office of Standards, an increase of $1,957,000 for 
additional positions in support of the SAFETY Act program, and 
an increase of $1,000,000 for Systems Engineering and Research. 
The recommendation does not include $2,000,000 requested 
funding for Knowledge Management and Tech Foraging, which is 
funded in the Research and Development appropriation.

                            Mission Support

    The recommendation restores funding for the proposed 
Compliance Assessment Program Office and information technology 
reductions, increases funding for personnel, and includes 
$8,541,000 for financial systems modernization.

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2018.......................      $509,830,000
Budget request, fiscal year 2019......................       311,480,000
Recommended in the bill...............................       497,751,000
Bill compared with:
    Appropriation, fiscal year 2018...................       -12,079,000
    Budget request, fiscal year 2019..................      +186,271,000
 

    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request     Recommendation
------------------------------------------------------------------------
Research and Development
    Research, Development, and           $289,734,000       $457,251,000
     Innovation...................
    University Programs...........         21,746,000         40,500,000
                                   -------------------------------------
        Total, Research and              $311,480,000       $497,751,000
         Development..............
------------------------------------------------------------------------

                 Research, Development, and Innovation

    The Committee recommends $457,251,000 for Research, 
Development, and Innovation (RD&I;). S&T; is directed to brief 
the Committee not later than 30 days after the date of 
enactment of this Act on the proposed allocation of RD&I; funds 
by project and thrust area, and to update the Committee on any 
changes from this initial allocation. Included in this amount 
is $19,000,000, an increase of $15,000,000 above the amount 
requested, to develop protection solutions for soft targets in 
critical environments and public spaces, to include schools. 
S&T; is directed to work with NPPD's Infrastructure Protection 
Office on the requirements for this initiative.
    The Committee supports the continued implementation of the 
Integrated Product Team process, which prioritizes R&D; 
activities across the Department and directly links S&T; 
projects to component-identified and validated technological 
capability gaps. Further, the Committee continues to support 
S&T;'s Apex programs, which focus on critical research areas 
such as developing and fielding next generation first responder 
technology, to include advanced sensors and imaging 
technologies.
    The U.S. continues to face the challenges of protecting its 
water resources from both man-made and natural threats. Flood 
control structures, such as dams, levees, embankments, canals, 
and river-training structures, play a critical role in managing 
water resources. These flood control structures are critical 
for the nation to harness water resources, enable water 
management, and contribute to energy production. The Committee 
supports continued S&T;, FEMA, and NPPD efforts in this area, to 
include assessing the impact on these structures from the 
effects of aging and from natural and man-made disasters, 
developing sustainable solutions for infrastructure protection, 
and providing guidance and standards to communities and 
critical infrastructure operators.
    The Committee encourages S&T;, in consultation with NIST and 
the First Responder Network Authority, to provide pilot funding 
to local public broadcasters to further demonstrate and 
evaluate the benefits of datacasting technology to public 
safety agencies.
    The Committee supports S&T;'s efforts to develop a cost-
effective detection system to rapidly collect and exploit 
information useful for detecting opioids and fentanyls, and 
includes a total of $17,000,000 to pursue a more comprehensive 
and detailed prototyping program and an operational utility 
assessment of each prototype for use in air and land border 
ports of entry and at international mail handling facilities.
    The Committee is concerned about the emerging and evolving 
threat posed by our adversaries' use of homemade explosives and 
encourages S&T; to increase funding for the Homemade Explosive 
Characterization program to improve the ability to detect, 
evaluate, and characterize the effects of these devices. The 
Committee is aware of increasingly sophisticated and rapidly 
evolving tactical applications of detector dogs and encourages 
S&T; to continue to conduct research to improve and validate 
canine detection capabilities.
    The Committee supports S&T;'s Enabling UAS Technologies 
program and recommends that S&T; increase funding to expand to 
maritime UAS systems and sensor studies. The Committee also 
encourages S&T; to examine the use and applicability of an 
autonomously delivered, advanced telemedicine system that can 
be used in support of mass casualty and trauma support 
situations in remote, dangerous, or hostile environments to 
provide critical care support and real time communications 
access to specialized medical care professionals.
    The request eliminated funding for S&T;'s Cyber Security/
Information Analytics thrust area, and instead proposed an 
increase of $36,721,000 for cyber-related research and 
development within NPPD. In lieu of providing funds within 
NPPD, the Committee recommends not less than $85,501,000 for 
the Cyber Security/Information Analytics thrust area and 
directs S&T; to work in conjunction with NPPD's Cybersecurity 
and Communications Office to develop not less than $58,721,000 
of these requirements. The Committee reminds S&T; of the 
importance of supporting NPPD's operations and government-wide 
stakeholders in developing these requirements and designing a 
smooth and executable product integration and transition 
process.
    The Committee is concerned about the cybersecurity threats 
to the nation's public utility sectors, recognizing that many 
providers lack sufficient expertise or financial resources to 
adequately mitigate these threats. The recommendation includes 
an increase of $22,000,000 to establish a testbed to evaluate 
technologies, analytic tools, and proposed cyber solutions to 
mitigate cyber threats across the utility sector and develop a 
platform for sharing information related to testbed activities, 
with a goal of developing cost efficient and operationally 
effective sensor technologies to support small utility 
companies. This funding shall be used to establish a physical 
test bed environment and evaluation framework; socialize the 
concept to stakeholders; and leverage and contract for the 
necessary expertise.
    The Committee encourages S&T; to continue funding research 
supporting DHS's agricultural defense mission, to include a 
focus on transitioning university projects to useful 
applications that support the homeland security enterprise.
    The Committee also supports continued advanced research 
using high resolution magnification to examine emerging 
semiconductor technologies (including microchips, light 
emitting diodes, batteries, and processors) to improve 
cybersecurity by detecting potential structural defects that 
could allow the unintended manipulation of hardware.
    The Committee supports S&T;'s efforts to develop, promote, 
and transfer open source software and other open technologies, 
including activities conducted through the DHS Homeland Open 
Security Technology program and associated activities. The 
Committee encourages S&T; to prioritize tooling for open source 
development to provide support for continued development of 
secure software.
    The Committee remains concerned about the practice of 
spoofing by criminals to commit fraud over the phone. The 
Committee encourages the Department to continue to pursue the 
development of technologies to combat this practice and 
requests a briefing on these, as well as on plans for future 
technological research and development.
    The Committee is aware of a critical shortfall of 
industrial capacity related to secure composite shipping 
containers and supports efforts to develop thermoplastic 
composite materials that reduce costs and improve intrusion 
sensor integration.
    The Committee is pleased that S&T; has been engaged in a 
three-year binational research and development pilot. The 
recommendation includes $2,000,000 for continuation of this 
pilot. The pilot should continue its focus on border security, 
maritime security, biometrics, cybersecurity, and video 
analytics among other topics. Within 180 days of the enactment 
of this act, S&T; shall provide a report to the Committee on the 
results of each grant awarded through the pilot and on any 
commercialization or transition to practice that has resulted 
from the pilot's projects.
    With the increase in the use of mobile technology, the 
Committee is concerned about the potential for sensitive 
information to be accessed and reviewed in unsecure 
environments. S&T;, together with NPPD and OCIO, is encouraged 
to explore the feasibility of deploying technology that can 
restrict a device's access to sensitive information, as 
appropriate, based on the location of the device that is 
accessing it, to include any facilities-related requirements 
and associated costs to employ such methods.

                          University Programs

    The Committee recommends $40,500,000 for University 
Programs. The recommendation restores the proposed cuts to 
University Programs to ensure S&T;'s ability to maintain 10 
Centers of Excellence (COEs). S&T; shall notify the Committees 
of any plan or proposal to reduce funding for, diminish the 
role of, or eliminate COEs prior to taking any action to do so. 
S&T; is encouraged to prioritize collaborations with qualified 
research universities to support critical research topics in 
priority areas, including maritime security, cross-border 
threat screening, unmanned systems, counterterrorism, emerging 
analytics, cybersecurity, first responder safety, and critical 
infrastructure.
    The Committee is concerned that for the second year, the 
President's request proposes to reduce the University Programs 
funding level and therefore close Centers. The Committee 
directs S&T; to provide a report within 90 days after the date 
of enactment of this Act on the process for determining how 
funding is allocated to each Center and the metrics and process 
used by S&T; to track each Center's performance. Further, the 
report should include S&T;'s plan to ensure that emeritus 
Centers remain as critical assets serving the national 
interest, as Congress intends these Centers to be a long-term 
investment in critical capacity building not a temporary asset.
    S&T; and the Coast Guard are encouraged to continue existing 
partnerships with museums and schools on oceanographic programs 
that support science, technology, engineering, and math 
education, and consider expanding these programs with minority-
serving institutions.

             Countering Weapons of Mass Destruction Office


 
 
 
Appropriation, fiscal year 2018.......................             - - -
Budget request, fiscal year 2019......................      $429,266,000
Recommended in the bill...............................       434,266,000
Bill compared with:
    Appropriation, fiscal year 2018...................      +434,266,000
    Budget request, fiscal year 2019..................        +5,000,000
 

                                Mission

    The mission of the Countering Weapons of Mass Destruction 
(CWMD) Office is to thwart efforts by terrorists or other 
threat actors who seek to carry out an attack against the 
United States or its interests using a weapon of mass 
destruction.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2018.......................             - - -
Budget request, fiscal year 2019......................      $209,264,000
Recommended in the bill...............................       214,264,000
Bill compared with:
    Appropriation, fiscal year 2018...................      +214,264,000
    Budget request, fiscal year 2019..................        +5,000,000
 

    The Operations and Support appropriation funds the 
operations and oversight of programs that support DHS 
activities to counter biological, chemical, radiological, and 
nuclear threats, including the development and implementation 
of strategic plans, exercises, and assessments of operational 
effectiveness of CWMD capabilities.
    On December 5, 2017, the Department established a new 
Countering Weapons of Mass Destruction Office to consolidate 
the Domestic Nuclear Detection Office (DNDO), the Office of 
Health Affairs (OHA), and certain related activities and 
personnel from other components into a single office. In light 
of this reorganization, the fiscal year 2019 budget proposed 
funding in new CWMD Office accounts. The fiscal year 2018 DHS 
Appropriations Act included a provision to permit DHS to begin 
executing funds through new CWMD appropriations accounts 
beginning on October 1, 2018, if legislation is enacted 
explicitly authorizing the establishment of this Office. 
Consistent with H.R. 6198, introduced in the House on June 22, 
2018, the recommendation reflects the proposed funding 
structure for fiscal year 2019.
    Within the total amount provided, not less than $500,000 is 
to continue implementation of the voluntary anthrax vaccine 
program for emergency responders. The CWMD Office is directed 
to brief the Committee not later than 45 days after the date of 
enactment of this Act on the status of implementation of this 
program, including a plan for the expansion beyond the initial 
pilot in the first community and associated costs.
    The CWMD Office is in the process of establishing a 
permanent footprint at the National Targeting Center in an 
effort to improve information sharing and coordination among 
DHS components. However, it is unclear whether the requested 
funding will fully support the capabilities currently delivered 
by the National Biosurveillance Integration Center and the 
Joint Analysis Center, including situational awareness of 
biological and nuclear threats for the Department and federal, 
state, local, and private sectors partners. As a result, the 
Committee recommends $5,000,000 above the request for continued 
funding of these activities.
    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request     Recommendation
------------------------------------------------------------------------
Operations and Support
    Capability and Operations            $125,943,000       $130,943,000
     Support......................
    Mission Support...............         83,321,000         83,321,000
                                   -------------------------------------
        Total, Operations and            $209,264,000       $214,264,000
         Support..................
------------------------------------------------------------------------

    The Committee encourages the CWMD Office to continue its 
engagement in support of a visualization tool that incorporates 
data from state and local entities that can serve as a bio-
preparedness tool for emergency response, emergency management, 
and law enforcement at all levels of government.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2018.......................             - - -
Budget request, fiscal year 2019......................       $74,896,000
Recommended in the bill...............................        74,896,000
Bill compared with:
    Appropriation, fiscal year 2018...................       +74,896,000
    Budget request, fiscal year 2019..................             - - -
 

    Procurement, Construction, and Improvements provides funds 
for the acquisition and deployment of assets to enable DHS 
operational components to detect radiological, nuclear, 
biological, and chemical threats.
    The recommendation funds the acquisition and deployment of 
large-scale radiation and nuclear detection systems. Within the 
total, $24,046,000 is for the Radiation Portal Monitor (RPM) 
Program; $47,750,000 is for the RPM Replacement Program; and 
$3,100,000 is for the International Rail Program.

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2018.......................             - - -
Budget request, fiscal year 2019......................       $80,443,000
Recommended in the bill...............................        80,443,000
Bill compared with:
    Appropriation, fiscal year 2018...................       +80,443,000
    Budget request, fiscal year 2019..................             - - -
 

    The Research and Development appropriation funds the 
identification, exploration, and demonstration of new 
technologies and capabilities to enable DHS and its partners to 
prevent, protect against, respond to, and mitigate 
radiological, nuclear, biological, and chemical threats.
    The Committee is aware of an exploratory research project 
underway by the CWMD Office to demonstrate a new semiconductor 
detector that may produce more advanced radiation detection 
devices. The CWMD Office shall brief the Committee on this 
effort not later than 30 days after the date of enactment of 
this Act.

                           FEDERAL ASSISTANCE

 
 
 
Appropriation, fiscal year 2018.......................             - - -
Budget request, fiscal year 2019......................       $64,663,000
Recommended in the bill...............................        64,663,000
Bill compared with:
    Appropriation, fiscal year 2018...................       +64,663,000
    Budget request, fiscal year 2019..................             - - -
 

    The Federal Assistance appropriation funds training, 
exercises, and deployment of assets that support efforts of 
federal, state, local, tribal, territorial, and international 
partners to counter radiological, nuclear, biological, and 
chemical threats.

             Title IV--Administrative Provisions--This Act

    Section 401. The Committee continues a provision allowing 
USCIS to acquire, operate, equip, and dispose of up to five 
vehicles under certain scenarios.
    Section 402. The Committee continues a provision 
prohibiting USCIS from granting immigration benefits unless the 
results of background checks are completed prior to the 
granting of the benefit and the results do not preclude the 
granting of the benefit.
    Section 403. The Committee continues a provision limiting 
the use of A-76 competitions by USCIS.
    Section 404. The Committee continues a provision making 
immigration examination fee collections explicitly available 
for immigrant integration grants, not to exceed $10,000,000, in 
fiscal year 2019.
    Section 405. The Committee continues a provision 
authorizing FLETC to distribute funds for incurred training 
expenses.
    Section 406. The Committee continues a provision directing 
the FLETC Accreditation Board to lead the federal law 
enforcement training accreditation process to measure and 
assess federal law enforcement training programs, facilities, 
and instructors.
    Section 407. The Committee continues a provision 
establishing the ``Federal Law Enforcement Training Centers--
Procurement, Construction, and Improvements'' appropriation, 
and allowing for the acceptance of transfers from government 
agencies into this appropriation.
    Section 408. The Committee continues a provision 
classifying FLETC instructor staff as inherently governmental 
for certain considerations.
    Section 409. The Committee includes a new provision 
allowing the sale of federal property and assets in Plum 
Island, New York, in a manner consistent with standard federal 
asset disposition.

                      TITLE V--GENERAL PROVISIONS


                     (INCLUDING TRANSFERS OF FUNDS)

    Section 501. The Committee continues a provision limiting 
the availability of appropriations to one year unless otherwise 
expressly provided.
    Section 502. The Committee continues a provision providing 
that unexpended balances of prior year appropriations may be 
merged with new appropriation accounts and used for the same 
purpose, subject to reprogramming guidelines.
    Section 503. The Committee continues and modifies a 
provision limiting authority to reprogram funds within an 
appropriation above a specified threshold unless the Department 
provides notification to the Committees on Appropriations at 
least 15 days in advance, and providing authority to transfer 
not more than 5 percent between appropriations accounts, with a 
requirement for a 30-day advance notification. A detailed 
funding table identifying each congressional control level for 
reprogramming purposes is included at the end of this report.
    These reprogramming and transfer requirements shall be 
complied with by all agencies funded by the Department of 
Homeland Security Appropriations Act, 2019. In addition, the 
Department shall submit reprogramming and transfer 
notifications on a timely basis and provide complete 
explanations of the reallocations proposed, including detailed 
justifications of the increases and offsets, and any specific 
impact the proposed changes will have on the budget request for 
the following fiscal year and future-year appropriations 
requirements. Each notification submitted to the Committees 
should include a detailed table showing the proposed revisions 
at the account, program, project, and activity level to the 
funding and FTE levels for the current fiscal year and the 
levels requested in the President's budget for the following 
fiscal year.
    The Department shall manage its programs and activities 
within the levels appropriated, and should only submit 
reprogramming or transfer notifications in cases of 
unforeseeable and compelling circumstances that could not have 
been predicted when formulating the budget request for the 
budget year. When the Department submits a reprogramming or 
transfer notification to the Committees and does not receive 
identical responses from the House and the Senate, it is 
expected to reconcile the House and the Senate differences 
before proceeding.
    The Department is not to submit a notification for a 
reprogramming or transfer of funds after June 30 except in 
extraordinary circumstances that imminently threaten the safety 
of human life or the protection of property. If a reprogramming 
or transfer is needed after June 30, the notice should contain 
sufficient documentation as to why it meets this statutory 
exception.
    Deobligated funds are also subject to the reprogramming and 
transfer guidelines and requirements set forth in this section.
    The Secretary is permitted to transfer up to $20,000,000 to 
address immigration emergencies.
    Section 504. The Committee continues by reference a 
provision prohibiting funds appropriated or otherwise made 
available to the Department to make payment to the Working 
Capital Fund (WCF), except for activities and amounts allowed 
in the President's fiscal year 2019 budget request. Funds 
provided to the WCF are available until expended. The 
Department can only charge components for direct usage of the 
WCF and these funds may be used only for the purposes 
consistent with the WCF uses of the contributing component. Any 
funds paid in advance or for reimbursement must reflect the 
full cost of each service. The Department shall submit a 
notification prior to adding a new activity to the fund or 
eliminating an existing activity from the fund. For activities 
added to the fund, such notifications shall detail the source 
of funds by PPA. In addition, the Department shall submit 
quarterly WCF execution reports to the Committees that include 
activity-level detail.
    Section 505. The Committee continues and modifies a 
provision providing that not to exceed 50 percent of 
unobligated balances from prior year appropriations for each 
Operations and Support appropriation shall remain available 
through fiscal year 2020, subject to section 503 reprogramming 
requirements.
    Section 506. The Committee continues a provision that deems 
intelligence activities to be specifically authorized during 
fiscal year 2019 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2019.
    Section 507. The Committee continues a provision requiring 
notification to the Committees at least three days before DHS 
executes or announces grant allocations; grant awards; contract 
awards, including contracts covered by the Federal Acquisition 
Regulation; other transaction agreements; letters of intent; a 
task or delivery order on multiple award contracts totaling 
$1,000,000 or more; a task or delivery order greater than 
$10,000,000 from multi-year funds; or sole-source grant awards. 
Notifications shall include a description of projects or 
activities to be funded and their location, including city, 
county, and state.
    Section 508. The Committee continues a provision 
prohibiting all agencies from purchasing, constructing, or 
leasing additional facilities for federal law enforcement 
training without advance notification to the Committees.
    Section 509. The Committee continues a provision 
prohibiting the use of funds for any construction, repair, 
alteration, or acquisition project for which a prospectus, if 
required under chapter 33 of title 40, United States Code, has 
not been approved.
    Section 510. The Committee continues a provision that 
consolidates by reference prior-year statutory provisions 
related to a contracting officer's technical representative 
training; sensitive security information; and the use of funds 
in conformance with section 303 of the Energy Policy Act of 
1992.
    Section 511. The Committee continues a provision 
prohibiting the use of funds in contravention of the Buy 
American Act.
    Section 512. The Committee continues a provision regarding 
the oath of allegiance required by section 337 of the 
Immigration and Nationality Act.
    Section 513. The Committee continues a provision 
prohibiting DHS from using funds in this Act to carry out 
reorganization authority.
    Section 514. The Committee continues a provision 
prohibiting funds for planning, testing, piloting, or 
developing a national identification card.
    Section 515. The Committee continues a provision directing 
that any official required by this Act to report or certify to 
the Committees on Appropriations may not delegate such 
authority unless expressly authorized to do so in this Act.
    Section 516. The Committee continues a provision 
prohibiting the use of funds for the transfer or release of 
individuals detained at United States Naval Station, Guantanamo 
Bay, Cuba into or within the United States.
    Section 517. The Committee continues a provision 
prohibiting funds in this Act to be used for first-class 
travel.
    Section 518. The Committee continues a provision 
prohibiting the use of funds to employ illegal workers as 
described in Section 274A(h)(3) of the Immigration and 
Nationality Act.
    Section 519. The Committee continues a provision 
prohibiting funds appropriated or otherwise made available by 
this Act to pay for award or incentive fees for contractors 
with below satisfactory performance or performance that fails 
to meet the basic requirements of the contract.
    Section 520. The Committee continues a provision 
prohibiting the use of funds to enter into a federal contract 
unless the contract meets requirements of the Federal Property 
and Administrative Services Act of 1949 or chapter 137 of title 
10 U.S.C., and the Federal Acquisition Regulation, unless the 
contract is otherwise authorized by statute without regard to 
this section.
    Section 521. The Committee continues a provision requiring 
DHS computer systems to block electronic access to pornography, 
except for law enforcement purposes.
    Section 522. The Committee continues a provision regarding 
the transfer of firearms by federal law enforcement personnel.
    Section 523. The Committee continues a provision regarding 
funding restrictions and reporting requirements related to 
conferences occurring outside of the United States.
    Section 524. The Committee continues a provision 
prohibiting funds to reimburse any federal department or agency 
for its participation in a National Special Security Event.
    Section 525. The Committee continues a provision requiring 
a notification, including justification materials, prior to 
implementing any structural pay reform that affects more than 
100 full-time positions or costs more than $5,000,000.
    Section 526. The Committee continues a provision directing 
the Department to post on a public website reports required by 
the Committees on Appropriations unless public posting 
compromises homeland or national security or contains 
proprietary information.
    Section 527. The Committee continues a provision 
authorizing minor procurement, construction, and improvements 
under Operations and Support appropriations, as specified.
    Section 528. The Committee continues a provision related to 
the Arms Trade Treaty.
    Section 529. The Committee continues by reference a 
provision to authorize DHS to fund out of existing 
discretionary appropriations the expenses of primary and 
secondary schooling of eligible dependents in areas in 
territories that meet certain criteria.
    Section 530. The Committee continues by reference a 
provision providing $41,000,000 for ``Federal Emergency 
Management Agency--Federal Assistance'' to reimburse 
extraordinary law enforcement personnel overtime costs for 
protection activities directly and demonstrably associated with 
a residence of the President that is designated for protection.
    Section 531. The Committee includes a provision regarding 
congressional visits to detention facilities.
    Section 532. The Committee includes a provision prohibiting 
the use of funds to detain or deport DACA recipients who also 
serve in the U.S. Armed Forces.
    Section 533. The Committee includes a provision prohibiting 
the use of funds for ICE to pay for abortions except in certain 
circumstances, or to require any person to perform an abortion.
    Section 534. The Committee includes a provision amending 
the Stafford Act that prohibits FEMA from considering income in 
determining whether to provide or continue to provide rental 
assistance following a disaster.
    Section 535. The Committee includes a provision making 
Disaster Unemployment Assistance available for a one-year 
period beginning on the date of a disaster declaration for 
Hurricane Irma and Hurricane Maria for the Commonwealth of 
Puerto Rico and the U.S. Virgin Islands.
    Section 536. The Committee includes a provision regarding 
the H-2A temporary agriculture worker program.
    Section 537. The Committee includes a provision regarding 
the H-2B temporary non-agriculture worker program.
    Section 538. The Committee includes a provision prohibiting 
the use of funds to disallow certain Native American tribal 
members the right to cross the U.S.-Canada border.
    Section 539. The Committee includes a provision changing 
the statute of limitations for the recovery of FEMA Public 
Assistance Grants.
    Section 540. The Committee includes a provision removing 
per-country limits for employment-based immigrants and 
increases the per-country numerical limitation for family-based 
immigrants.
    Section 541. The Committee includes a provision prohibiting 
the use of funds to release certain criminal alien detainees 
from federal custody.
    Section 542. The Committee includes a provision prohibiting 
the implementation of USCIS Policy Memo 602-0162 and the 
memorandum from the Principal Legal Advisor on Litigating 
Domestic Violence-Based Persecution Claims Following Matter of 
A-B.
    Section 543. The Committee includes a provision prohibiting 
the use of funds to use restraints on pregnant detainees in DHS 
custody except in certain circumstances.
    Section 544. The Committee includes a provision prohibiting 
the use of funds for the destruction of records related to the 
sexual abuse or assault of detainees in custody.
    Section 545. The Committee includes a provision prohibiting 
the use of funds for the removal of noncitizens who are DACA 
recipients.
    Section 546. The Committee includes a provision specifying 
the amount by which new budget authority in the bill is less 
than the fiscal year 2019 budget allocation.

    APPROPRIATIONS CAN BE USED ONLY FOR THE PURPOSES FOR WHICH MADE

    Title 31 of the United States Code makes clear that 
appropriations can be used only for the purposes for which they 
were appropriated as follows:
    Section 1301. Application.
    (a) Appropriations shall be applied only to the objects for 
which the appropriations were made except as otherwise provided 
by law.

              HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS

    The following items are included in accordance with various 
requirements of the Rules of the House of Representatives.

                          FULL COMMITTEE VOTES

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each roll call 
vote on an amendment of on the motion to report, together with 
the names of those voting for and those voting against, are 
printed below:


         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII off the Rules of 
the House of Representatives, the following is a statement of 
general performance goals and objectives for which this measure 
authorizes funding:
    The Committee on Appropriations considers program 
performance, including a program's success in developing and 
attaining outcome-related goals and objectives, in developing 
funding recommendations.

                          RESCISSION OF FUNDS

    Neither the bill nor report contain any provisions that 
specifically direct the rescission of funds.

                           TRANSFER OF FUNDS

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following is submitted describing 
the transfer of funds recommended in the accompanying bill:
    In title III, under ``Federal Emergency Management Agency--
Disaster Relief Fund'', language is included allowing for the 
transfer of up to $3,000,000 to the Disaster Assistance Direct 
Loan Program.

    DISCLOSURE OF EARMARKS AND CONGRESSIONAL DIRECTED SPENDING ITEMS

    Neither the bill nor the report contains any Congressional 
earmarks, limited tax benefits, or limited tariff benefits as 
defined in clause 9 of rule XXI.

          Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

 SECTION 538 OF DIVISION D OF THE CONSOLIDATED APPROPRIATIONS ACT, 2012


  Sec. 538. (a) Notwithstanding any other provision of law 
during fiscal year 2012 or any subsequent fiscal year, if the 
Secretary of Homeland Security determines that the National 
Bio- and Agro-defense Facility should be located at a site 
other than Plum Island, New York, the Secretary shall ensure 
that the Administrator of General Services sells [through 
public sale] all real and related personal property and 
transportation assets which support Plum Island operations, 
subject to such terms and conditions as may be necessary to 
protect Government interests and meet program [requirements.] 
requirements: Provided, That the sale of Plum Island property 
and assets complies with the requirements for asset disposition 
described in chapter 5 of subtitle I of title 40, United States 
Code.
  (b) The proceeds of such sale described in subsection (a) 
shall be deposited as offsetting collections into the 
Department of Homeland Security Science and Technology 
``Research, Development, Acquisition, and Operations'' account 
and, subject to appropriation, shall be available until 
expended, for site acquisition, construction, and costs related 
to the construction of the National Bio- and Agro-defense 
Facility, including the costs associated with the sale, 
including due diligence requirements, necessary environmental 
remediation at Plum Island, and reimbursement of expenses 
incurred by the General Services Administration.
                              ----------                              


    ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT




           *       *       *       *       *       *       *
TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS

           *       *       *       *       *       *       *


SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

  (a) In General.--
          (1) Provision of assistance.--In accordance with this 
        section, the President, in consultation with the 
        Governor of a State, may provide financial assistance, 
        and, if necessary, direct services, to individuals and 
        households in the State who, as a direct result of a 
        major disaster, have necessary expenses and serious 
        needs in cases in which the individuals and households 
        are unable to meet such expenses or needs through other 
        means.
          (2) Relationship to other assistance.--Under 
        paragraph (1), an individual or household shall not be 
        denied assistance under paragraph (1), (3), or (4) of 
        subsection (c) solely on the basis that the individual 
        or household has not applied for or received any loan 
        or other financial assistance from the Small Business 
        Administration or any other Federal agency.
  (b) Housing Assistance.--
          (1) Eligibility.--The President may provide financial 
        or other assistance under this section to individuals 
        and households to respond to the disaster-related 
        housing needs of individuals and households who are 
        displaced from their predisaster primary residences or 
        whose predisaster primary residences are rendered 
        uninhabitable, or with respect to individuals with 
        disabilities, rendered inaccessible or uninhabitable, 
        as a result of damage caused by a major disaster.
          (2) Determination of appropriate types of 
        assistance.--
                  (A) In general.--The President shall 
                determine appropriate types of housing 
                assistance to be provided under this section to 
                individuals and households described in 
                subsection (a)(1) based on considerations of 
                cost effectiveness, convenience to the 
                individuals and households, and such other 
                factors as the President may consider 
                appropriate.
                  (B) Multiple types of assistance.--One or 
                more types of housing assistance may be made 
                available under this section, based on the 
                suitability and availability of the types of 
                assistance, to meet the needs of individuals 
                and households in the particular disaster 
                situation.
  (c) Types of Housing Assistance.--
          (1) Temporary housing.--
                  (A) Financial assistance.--
                          (i) In general.--The President may 
                        provide financial assistance to 
                        individuals or households to rent 
                        alternate housing accommodations, 
                        existing rental units, manufactured 
                        housing, recreational vehicles, or 
                        other readily fabricated dwellings. 
                        Such assistance may include the payment 
                        of the cost of utilities, excluding 
                        telephone service.
                          (ii) Amount.--The amount of 
                        assistance under clause (i) shall be 
                        based on the fair market rent for the 
                        accommodation provided plus the cost of 
                        any transportation, utility hookups, 
                        security deposits, or unit installation 
                        not provided directly by the President.
                  (B) Direct assistance.--
                          (i) In general.--The President may 
                        provide temporary housing units, 
                        acquired by purchase or lease, directly 
                        to individuals or households who, 
                        because of a lack of available housing 
                        resources, would be unable to make use 
                        of the assistance provided under 
                        subparagraph (A).
                          (ii) Lease and repair of rental units 
                        for temporary housing.--
                                  (I) In general.--The 
                                President, to the extent the 
                                President determines it would 
                                be a cost-effective alternative 
                                to other temporary housing 
                                options, may--
                                          (aa) enter into lease 
                                        agreements with owners 
                                        of multifamily rental 
                                        property located in 
                                        areas covered by a 
                                        major disaster 
                                        declaration to house 
                                        individuals and 
                                        households eligible for 
                                        assistance under this 
                                        section; and
                                          (bb) make repairs or 
                                        improvements to 
                                        properties under such 
                                        lease agreements, to 
                                        the extent necessary to 
                                        serve as safe and 
                                        adequate temporary 
                                        housing.
                                  (II) Improvements or 
                                repairs.--Under the terms of 
                                any lease agreement for 
                                property entered into under 
                                this subsection, the value of 
                                the improvements or repairs--
                                          (aa) shall be 
                                        deducted from the value 
                                        of the lease agreement; 
                                        and
                                          (bb) may not exceed 
                                        the value of the lease 
                                        agreement.
                          (iii) Period of assistance.--The 
                        President may not provide direct 
                        assistance under clause (i) with 
                        respect to a major disaster after the 
                        end of the 18-month period beginning on 
                        the date of the declaration of the 
                        major disaster by the President, except 
                        that the President may extend that 
                        period if the President determines that 
                        due to extraordinary circumstances an 
                        extension would be in the public 
                        interest.
                          (iv) Collection of rental charges.--
                        After the end of the 18-month period 
                        referred to in clause (iii), the 
                        President may charge fair market rent 
                        for each temporary housing unit 
                        provided.
          (2) Repairs.--
                  (A) In general.--The President may provide 
                financial assistance for--
                          (i) the repair of owner-occupied 
                        private residences, utilities, and 
                        residential infrastructure (such as a 
                        private access route) damaged by a 
                        major disaster to a safe and sanitary 
                        living or functioning condition; and
                          (ii) eligible hazard mitigation 
                        measures that reduce the likelihood of 
                        future damage to such residences, 
                        utilities, or infrastructure.
                  (B) Relationship to other assistance.--A 
                recipient of assistance provided under this 
                paragraph shall not be required to show that 
                the assistance can be met through other means, 
                except insurance proceeds.
          (3) Replacement.--
                  (A) In general.--The President may provide 
                financial assistance for the replacement of 
                owner-occupied private residences damaged by a 
                major disaster.
                  (B) Applicability of flood insurance 
                requirement.--With respect to assistance 
                provided under this paragraph, the President 
                may not waive any provision of Federal law 
                requiring the purchase of flood insurance as a 
                condition of the receipt of Federal disaster 
                assistance.
          (4) Permanent housing construction.--The President 
        may provide financial assistance or direct assistance 
        to individuals or households to construct permanent or 
        semi-permanent housing in insular areas outside the 
        continental United States and in other locations in 
        cases in which--
                  (A) no alternative housing resources are 
                available; and
                  (B) the types of temporary housing assistance 
                described in paragraph (1) are unavailable, 
                infeasible, or not cost-effective.
  (d) Terms and Conditions Relating to Housing Assistance.--
          (1) Sites.--
                  (A) In general.--Any readily fabricated 
                dwelling provided under this section shall, 
                whenever practicable, be located on a site 
                that--
                          (i) is complete with utilities;
                          (ii) meets the physical accessibility 
                        requirements for individuals with 
                        disabilities; and
                          (iii) is provided by the State or 
                        local government, by the owner of the 
                        site, or by the occupant who was 
                        displaced by the major disaster.
                  (B) Sites provided by the president.--A 
                readily fabricated dwelling may be located on a 
                site provided by the President if the President 
                determines that such a site would be more 
                economical or accessible.
          (2) Disposal of units.--
                  (A) Sale to occupants.--
                          (i) In general.--Notwithstanding any 
                        other provision of law, a temporary 
                        housing unit purchased under this 
                        section by the President for the 
                        purpose of housing disaster victims may 
                        be sold directly to the individual or 
                        household who is occupying the unit if 
                        the individual or household lacks 
                        permanent housing.
                          (ii) Sale price.--A sale of a 
                        temporary housing unit under clause (i) 
                        shall be at a price that is fair and 
                        equitable.
                          (iii) Deposit of proceeds.--
                        Notwithstanding any other provision of 
                        law, the proceeds of a sale under 
                        clause (i) shall be deposited in the 
                        appropriate Disaster Relief Fund 
                        account.
                          (iv) Hazard and flood insurance.--A 
                        sale of a temporary housing unit under 
                        clause (i) shall be made on the 
                        condition that the individual or 
                        household purchasing the housing unit 
                        agrees to obtain and maintain hazard 
                        and flood insurance on the housing 
                        unit.
                          (v) Use of gsa services.--The 
                        President may use the services of the 
                        General Services Administration to 
                        accomplish a sale under clause (i).
                  (B) Other methods of disposal.--If not 
                disposed of under subparagraph (A), a temporary 
                housing unit purchased under this section by 
                the President for the purpose of housing 
                disaster victims--
                          (i) may be sold to any person; or
                          (ii) may be sold, transferred, 
                        donated, or otherwise made available 
                        directly to a State or other 
                        governmental entity or to a voluntary 
                        organization for the sole purpose of 
                        providing temporary housing to disaster 
                        victims in major disasters and 
                        emergencies if, as a condition of the 
                        sale, transfer, or donation, the State, 
                        other governmental agency, or voluntary 
                        organization agrees--
                                  (I) to comply with the 
                                nondiscrimination provisions of 
                                section 308; and
                                  (II) to obtain and maintain 
                                hazard and flood insurance on 
                                the housing unit.
  (e) Financial Assistance To Address Other Needs.--
          (1) Medical, dental, child care, and funeral 
        expenses.--The President, in consultation with the 
        Governor of a State, may provide financial assistance 
        under this section to an individual or household in the 
        State who is adversely affected by a major disaster to 
        meet disaster-related medical, dental, child care, and 
        funeral expenses.
          (2) Personal property, transportation, and other 
        expenses.--The President, in consultation with the 
        Governor of a State, may provide financial assistance 
        under this section to an individual or household 
        described in paragraph (1) to address personal 
        property, transportation, and other necessary expenses 
        or serious needs resulting from the major disaster.
  (f) State Role.--
          (1) Financial assistance to address other needs.--
                  (A) Grant to state.--Subject to subsection 
                (g), a Governor may request a grant from the 
                President to provide financial assistance to 
                individuals and households in the State under 
                subsection (e).
                  (B) Administrative costs.--A State that 
                receives a grant under subparagraph (A) may 
                expend not more than 5 percent of the amount of 
                the grant for the administrative costs of 
                providing financial assistance to individuals 
                and households in the State under subsection 
                (e).
          (2) Access to records.--In providing assistance to 
        individuals and households under this section, the 
        President shall provide for the substantial and ongoing 
        involvement of the States in which the individuals and 
        households are located, including by providing to the 
        States access to the electronic records of individuals 
        and households receiving assistance under this section 
        in order for the States to make available any 
        additional State and local assistance to the 
        individuals and households.
  (g) Cost Sharing.--
          (1) Federal share.--Except as provided in paragraph 
        (2), the Federal share of the costs eligible to be paid 
        using assistance provided under this section shall be 
        100 percent.
          (2) Financial assistance to address other needs.--In 
        the case of financial assistance provided under 
        subsection (e)--
                  (A) the Federal share shall be 75 percent; 
                and
                  (B) the non-Federal share shall be paid from 
                funds made available by the State.
  (h) Maximum Amount of Assistance.--
          (1) In general.--No individual or household shall 
        receive financial assistance greater than $25,000 under 
        this section with respect to a single major disaster.
          (2) Adjustment of limit.--The limit established under 
        paragraph (1) shall be adjusted annually to reflect 
        changes in the Consumer Price Index for All Urban 
        Consumers published by the Department of Labor.
  (i) Verification Measures.--In carrying out this section, the 
President shall develop a system, including an electronic 
database, that shall allow the President, or the designee of 
the President, to--
          (1) verify the identity and address of recipients of 
        assistance under this section to provide reasonable 
        assurance that payments are made only to an individual 
        or household that is eligible for such assistance;
          (2) minimize the risk of making duplicative payments 
        or payments for fraudulent claims under this section;
          (3) collect any duplicate payment on a claim under 
        this section, or reduce the amount of subsequent 
        payments to offset the amount of any such duplicate 
        payment;
          (4) provide instructions to recipients of assistance 
        under this section regarding the proper use of any such 
        assistance, regardless of how such assistance is 
        distributed; and
          (5) conduct an expedited and simplified review and 
        appeal process for an individual or household whose 
        application for assistance under this section is 
        denied.
  (j) Rules and Regulations.--The President shall prescribe 
rules and regulations to carry out this section, including 
criteria, standards, and procedures for determining eligibility 
for assistance.
  (k) Prohibition.--
          (1) In general.--Notwithstanding any other provision 
        of this section, the President shall not consider the 
        income of an individual or household in determining 
        whether to provide, or continue to provide, to that 
        individual or household rental assistance under this 
        section.
          (2) Applicability.--Paragraph (1) shall apply with 
        respect to major disasters declared on or after January 
        1, 2017.

           *       *       *       *       *       *       *


TITLE VII--MISCELLANEOUS

           *       *       *       *       *       *       *


SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.

  (a) Statute of Limitations.--
          (1) In general.--[Except] Notwithstanding section 
        3716(e) of title 31, United States Code, and except as 
        provided in paragraph (2), no administrative action to 
        recover any payment made to a State or local government 
        for disaster or emergency assistance under this Act 
        shall be initiated in any forum after the date that is 
        3 years after the date of transmission of the final 
        expenditure [report for the disaster or emergency] 
        report for project completion as certified by the 
        grantee.
          (2) Fraud exception.--The limitation under paragraph 
        (1) shall apply unless there is evidence of civil or 
        criminal fraud.
  (b) Rebuttal of Presumption of Record Maintenance.--
          (1) In general.--In any dispute arising under this 
        section after the date that is 3 years after the date 
        of transmission of the final expenditure [report for 
        the disaster or emergency] report for project 
        completion as certified by the grantee, there shall be 
        a presumption that accounting records were maintained 
        that adequately identify the source and application of 
        funds provided for financially assisted activities.
          (2) Affirmative evidence.--The presumption described 
        in paragraph (1) may be rebutted only on production of 
        affirmative evidence that the State or local government 
        did not maintain documentation described in that 
        paragraph.
          (3) Inability to produce documentation.--The 
        inability of the Federal, State, or local government to 
        produce source documentation supporting expenditure 
        reports later than 3 years after the date of 
        transmission of the final expenditure report for 
        project completion as certified by the grantee shall 
        not constitute evidence to rebut the presumption 
        described in paragraph (1).
          (4) Right of access.--The period during which the 
        Federal, State, or local government has the right to 
        access source documentation shall not be limited to the 
        required 3-year retention period referred to in 
        paragraph (3), but shall last as long as the records 
        are maintained.
  (c) Binding Nature of Grant Requirements.--A State or local 
government shall not be liable for reimbursement or any other 
penalty for any payment made under this Act if--
          (1) the payment was authorized by an approved 
        agreement specifying the costs;
          (2) the costs were reasonable; and
          (3) the purpose of the grant was accomplished.

           *       *       *       *       *       *       *

                              ----------                              


                    IMMIGRATION AND NATIONALITY ACT



           *       *       *       *       *       *       *
                         TITLE II--IMMIGRATION

Chapter 1--Selection System

           *       *       *       *       *       *       *


            numerical limitation to any single foreign state

  Sec. 202. (a) Per Country Level.--
          (1) Nondiscrimination.--(A) Except as specifically 
        provided in paragraph (2) and in sections 101(a)(27), 
        201(b)(2)(A)(i), and 203, no person shall receive any 
        preference or priority or be discriminated against in 
        the issuance of an immigrant visa because of the 
        person's race, sex, nationality, place of birth, or 
        place of residence.
          (B) Nothing in this paragraph shall be construed to 
        limit the authority of the Secretary of State to 
        determine the procedures for the processing of 
        immigrant visa applications or the locations where such 
        applications will be processed.
          (2) Per country levels for family-sponsored [and 
        employment-based] immigrants.--Subject to paragraphs 
        [(3), (4), and (5),] (3) and (4),  the total number of 
        immigrant visas made available to natives of any single 
        foreign state or dependent area under [subsections (a) 
        and (b) of section 203] section 203(a) in any fiscal 
        year may not exceed [7] 15 percent (in the case of a 
        single foreign state) or 2 percent (in the case of a 
        dependent area) of the total number of such visas made 
        available under [such subsections] such section in that 
        fiscal year.
          (3) Exception if additional visas available.--If 
        because of the application of paragraph (2) with 
        respect to one or more foreign states or dependent 
        areas, the total number of visas available under [both 
        subsections (a) and (b) of section 203] section 203(a) 
        for a calendar quarter exceeds the number of qualified 
        immigrants who otherwise may be issued such a visa, 
        paragraph (2) shall not apply to visas made available 
        to such states or areas during the remainder of such 
        calendar quarter.
          (4) Special rules for spouses and children of lawful 
        permanent resident aliens.--
                  (A)  75 percent of 2nd preference set-aside 
                for spouses and children not subject to per 
                country limitation.--
                          (i) In general.--Of the visa numbers 
                        made available under section 203(a) to 
                        immigrants described in section 
                        203(a)(2)(A) in any fiscal year, 75 
                        percent of the 2-A floor (as defined in 
                        clause (ii)) shall be issued without 
                        regard to the numerical limitation 
                        under paragraph (2).
                          (ii)  2-A floor defined.--In this 
                        paragraph, the term ``2-A floor'' 
                        means, for a fiscal year, 77 percent of 
                        the total number of visas made 
                        available under section 203(a) to 
                        immigrants described in section 
                        203(a)(2) in the fiscal year.
                  (B) Treatment of remaining 25 percent for 
                countries subject to subsection (e).--
                          (i) In general.--Of the visa numbers 
                        made available under section 203(a) to 
                        immigrants described in section 
                        203(a)(2)(A) in any fiscal year, the 
                        remaining 25 percent of the 2-A floor 
                        shall be available in the case of a 
                        state or area that is subject to 
                        subsection (e) only to the extent that 
                        the total number of visas issued in 
                        accordance with subparagraph (A) to 
                        natives of the foreign state or area is 
                        less than the subsection (e) ceiling 
                        (as defined in clause (ii)).
                          (ii) Subsection (e) ceiling 
                        defined.--In clause (i), the term 
                        ``subsection (e) ceiling'' means, for a 
                        foreign state or dependent area, 77 
                        percent of the maximum number of visas 
                        that may be made available under 
                        section 203(a) to immigrants who are 
                        natives of the state or area under 
                        section 203(a)(2) consistent with 
                        subsection (e).
                  (C) Treatment of unmarried sons and daughters 
                in countries subject to subsection (e).--In the 
                case of a foreign state or dependent area to 
                which subsection (e) applies, the number of 
                immigrant visas that may be made available to 
                natives of the state or area under section 
                203(a)(2)(B) may not exceed--
                          (i) 23 percent of the maximum number 
                        of visas that may be made available 
                        under section 203(a) to immigrants of 
                        the state or area described in section 
                        203(a)(2) consistent with subsection 
                        (e), or
                          (ii) the number (if any) by which the 
                        maximum number of visas that may be 
                        made available under section 203(a) to 
                        immigrants of the state or area 
                        described in section 203(a)(2) 
                        consistent with subsection (e) exceeds 
                        the number of visas issued under 
                        section 203(a)(2)(A),
                whichever is greater.
                  (D) Limiting pass down for certain countries 
                subject to subsection (e).--In the case of a 
                foreign state or dependent area to which 
                subsection (e) applies, if the total number of 
                visas issued under section 203(a)(2) exceeds 
                the maximum number of visas that may be made 
                available to immigrants of the state or area 
                under section 203(a)(2) consistent with 
                subsection (e) (determined without regard to 
                this paragraph), in applying paragraphs (3) and 
                (4) of section 203(a) under subsection (e)(2) 
                all visas shall be deemed to have been required 
                for the classes specified in paragraphs (1) and 
                (2) of such section.
          [(5) Rules for employment-based immigrants.--
                  [(A) Employment-based immigrants not subject 
                to per country limitation if additional visas 
                available.--If the total number of visas 
                available under paragraph (1), (2), (3), (4), 
                or (5) of section 203(b) for a calendar quarter 
                exceeds the number of qualified immigrants who 
                may otherwise be issued such visas, the visas 
                made available under that paragraph shall be 
                issued without regard to the numerical 
                limitation under paragraph (2) of this 
                subsection during the remainder of the calendar 
                quarter.
                  [(B) Limiting fall across for certain 
                countries subject to subsection (e).--In the 
                case of a foreign state or dependent area to 
                which subsection (e) applies, if the total 
                number of visas issued under section 203(b) 
                exceeds the maximum number of visas that may be 
                made available to immigrants of the state or 
                area under section 203(b) consistent with 
                subsection (e) (determined without regard to 
                this paragraph), in applying subsection (e) all 
                visas shall be deemed to have been required for 
                the classes of aliens specified in section 
                203(b).]
  (b) Rules for Chargeability.--Each independent country, self-
governing dominion, mandated territory, and territory under the 
international trusteeship system of the United Nations, other 
than the United States and its outlying possessions, shall be 
treated as a separate foreign state for the purposes of a 
numerical level established under subsection (a)(2) when 
approved by the Secretary of State. All other inhabited lands 
shall be attributed to a foreign state specified by the 
Secretary of State. For the purposes of this Act the foreign 
state to which an immigrant is chargeable shall be determined 
by birth within such foreign state except that (1) an alien 
child, when accompanied by or following to join his alien 
parent or parents, may be charged to the foreign state of 
either parent if such parent has received or would be qualified 
for an immigrant visa, if necessary to prevent the separation 
of the child from the parent or parents, and if immigration 
charged to the foreign state to which such parent has been or 
would be chargeable has not reached a numerical level 
established under subsection (a)(2) for that fiscal year; (2) 
if an alien is chargeable to a different foreign state from 
that of his spouse, the foreign state to which such alien is 
chargeable may, if necessary to prevent the separation of 
husband and wife, be determined by the foreign state of the 
spouse he is accompanying or following to join, if such spouse 
has received or would be qualified for an immigrant visa and if 
immigration charged to the foreign state to which such spouse 
has been or would be chargeable has not reached a numerical 
level established under subsection (a)(2) for that fiscal year; 
(3) an alien born in the United States shall be considered as 
having been born in the country of which he is a citizen or 
subject, or, if he is not a citizen or subject of any country, 
in the last foreign country in which he had his residence as 
determined by the consular officer; and (4) an alien born 
within any foreign state in which neither of his parents was 
born and in which neither of his parents had a residence at the 
time of such alien's birth may be charged to the foreign state 
of either parent.
  (c) Chargeability for Dependent Areas.--Any immigrant born in 
a colony or other component or dependent area of a foreign 
state overseas from the foreign state, other than an alien 
described in section 201(b), shall be chargeable for the 
purpose of the limitation set forth in subsection (a), to the 
foreign state.
  (d) Changes in Territory.--In the case of any change in the 
territorial limits of foreign states, the Secretary of State 
shall, upon recognition of such change, issue appropriate 
instructions to all diplomatic and consular offices.
  [(e) Special Rules for Countries at Ceiling.--If it is 
determined that the total number of immigrant visas made 
available under subsections (a) and (b) of section 203 to 
natives of any single foreign state or dependent area will 
exceed the numerical limitation specified in subsection (a)(2) 
in any fiscal year, in determining the allotment of immigrant 
visa numbers to natives under subsections (a) and (b) of 
section 203, visa numbers with respect to natives of that state 
or area shall be allocated (to the extent practicable and 
otherwise consistent with this section and section 203) in a 
manner so that--
          [(1) the ratio of the visa numbers made available 
        under section 203(a) to the visa numbers made available 
        under section 203(b) is equal to the ratio of the 
        worldwide level of immigration under section 201(c) to 
        such level under section 201(d);
          [(2) except as provided in subsection (a)(4), the 
        proportion of the visa numbers made available under 
        each of paragraphs (1) through (4) of section 203(a) is 
        equal to the ratio of the total number of visas made 
        available under the respective paragraph to the total 
        number of visas made available under section 203(a), 
        and
          [(3) except as provided in subsection (a)(5), the 
        proportion of the visa numbers made available under 
        each of paragraphs (1) through (5) of section 203(b) is 
        equal to the ratio of the total number of visas made 
        available under the respective paragraph to the total 
        number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the 
number of visas that may be issued to natives of a foreign 
state or dependent area under section 203(a) or 203(b) if there 
is insufficient demand for visas for such natives under section 
203(b) or 203(a), respectively, or as limiting the number of 
visas that may be issued under section 203(a)(2)(A) pursuant to 
subsection (a)(4)(A).]
  (e) Special Rules for Countries at Ceiling.--If it is 
determined that the total number of immigrant visas made 
available under section 203(a) to natives of any single foreign 
state or dependent area will exceed the numerical limitation 
specified in subsection (a)(2) in any fiscal year, in 
determining the allotment of immigrant visa numbers to natives 
under section 203(a), visa numbers with respect to natives of 
that state or area shall be allocated (to the extent 
practicable and otherwise consistent with this section and 
section 203) in a manner so that, except as provided in 
subsection (a)(4), the proportion of the visa numbers made 
available under each of paragraphs (1) through (4) of section 
203(a) is equal to the ratio of the total number of visas made 
available under the respective paragraph to the total number of 
visas made available under section 203(a).

           *       *       *       *       *       *       *


 Chapter 2--Qualifications for Admission of Aliens; Travel Control of 
Citizens and Aliens

           *       *       *       *       *       *       *


                       admission of nonimmigrants

  Sec. 214. (a)(1) The admission to the United States of any 
alien as a nonimmigrant shall be for such time and under such 
conditions as the Attorney General may by regulations 
prescribe, including when he deems necessary the giving of a 
bond with sufficient surety in such sum and containing such 
conditions as the Attorney General shall prescribe, to insure 
that at the expiration of such time or upon failure to maintain 
the status under which he was admitted, or to maintain any 
status subsequently acquired under section 248, such alien will 
depart from the United States. No alien admitted to Guam or the 
Commonwealth of the Northern Mariana Islands without a visa 
pursuant to section 212(l) may be authorized to enter or stay 
in the United States other than in Guam or the Commonwealth of 
the Northern Mariana Islands or to remain in Guam or the 
Commonwealth of the Northern Mariana Islands for a period 
exceeding 45 days from date of admission to Guam or the 
Commonwealth of the Northern Mariana Islands. No alien admitted 
to the United States without a visa pursuant to section 217 may 
be authorized to remain in the United States as a nonimmigrant 
visitor for a period exceeding 90 days from the date of 
admission.
  (2)(A) The period of authorized status as a nonimmigrant 
described in section 101(a)(15)(O) shall be for such period as 
the Attorney General may specify in order to provide for the 
event (or events) for which the nonimmigrant is admitted.
  (B) The period of authorized status as a nonimmigrant 
described in section 101(a)(15)(P) shall be for such period as 
the Attorney General may specify in order to provide for the 
competition, event, or performance for which the nonimmigrant 
is admitted. In the case of nonimmigrants admitted as 
individual athletes under section 101(a)(15)(P), the period of 
authorized status may be for an initial period (not to exceed 5 
years) during which the nonimmigrant will perform as an athlete 
and such period may be extended by the Attorney General for an 
additional period of up to 5 years.
  (b) Every alien (other than a nonimmigrant described in 
subparagraph (L) or (V) of section 101(a)(15), and other than a 
nonimmigrant described in any provision of section 
101(a)(15)(H)(i) except subclause (b1) of such section) shall 
be presumed to be an immigrant until he establishes to the 
satisfaction of the consular officer, at the time of 
application for a visa, and the immigration officers, at the 
time of application for admission, that he is entitled to a 
nonimmigrant status under section 101(a)(15). An alien who is 
an officer or employee of any foreign government or of any 
international organization entitled to enjoy privileges, 
exemptions, and immunities under the International 
Organizations Immunities Act, or an alien who is the attendant, 
servant, employee, or member of the immediate family of any 
such alien shall not be entitled to apply for or receive an 
immigrant visa, or to enter the United States as an immigrant 
unless he executes a written waiver in the same form and 
substance as is prescribed by section 247(b).
  (c)(1) The question of importing any alien as a nonimmigrant 
under subparagraph (H), (L), (O), or (P)(i) of section 
101(a)(15) (excluding nonimmigrants under section 
101(a)(15)(H)(i)(b1)) in any specific case or specific cases 
shall be determined by the Attorney General, after consultation 
with appropriate agencies of the Government, upon petition of 
the importing employer. Such petition shall be made and 
approved before the visa is granted. The petition shall be in 
such form and contain such information as the Attorney General 
shall prescribe. The approval of such a petition shall not, of 
itself, be construed as establishing that the alien is a 
nonimmigrant. For purposes of this subsection with respect to 
nonimmigrants described in section 101(a)(15)(H)(ii)(a), the 
term ``appropriate agencies of Government'' means the 
Department of Labor and includes the Department of Agriculture. 
The provisions of section 218 shall apply to the question of 
importing any alien as a nonimmigrant under section 
101(a)(15)(H)(ii)(a).
  (2)(A) The Attorney General shall provide for a procedure 
under which an importing employer which meets requirements 
established by the Attorney General may file a blanket petition 
to import aliens as nonimmigrants described in section 
101(a)(15)(L) instead of filing individual petitions under 
paragraph (1) to import such aliens. Such procedure shall 
permit the expedited processing of visas for admission of 
aliens covered under such a petition.
  (B) For purposes of section 101(a)(15)(L), an alien is 
considered to be serving in a capacity involving specialized 
knowledge with respect to a company if the alien has a special 
knowledge of the company product and its application in 
international markets or has an advanced level of knowledge of 
processes and procedures of the company.
  (C) The Attorney General shall provide a process for 
reviewing and acting upon petitions under this subsection with 
respect to nonimmigrants described in section 101(a)(15)(L) 
within 30 days after the date a completed petition has been 
filed.
  (D) The period of authorized admission for--
          (i) a nonimmigrant admitted to render services in a 
        managerial or executive capacity under section 
        101(a)(15)(L) shall not exceed 7 years, or
          (ii) a nonimmigrant admitted to render services in a 
        capacity that involves specialized knowledge under 
        section 101(a)(15)(L) shall not exceed 5 years.
  (E) In the case of an alien spouse admitted under section 
101(a)(15)(L), who is accompanying or following to join a 
principal alien admitted under such section, the Attorney 
General shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
``employment authorized'' endorsement or other appropriate work 
permit.
  (F) An alien who will serve in a capacity involving 
specialized knowledge with respect to an employer for purposes 
of section 101(a)(15)(L) and will be stationed primarily at the 
worksite of an employer other than the petitioning employer or 
its affiliate, subsidiary, or parent shall not be eligible for 
classification under section 101(a)(15)(L) if--
          (i) the alien will be controlled and supervised 
        principally by such unaffiliated employer; or
          (ii) the placement of the alien at the worksite of 
        the unaffiliated employer is essentially an arrangement 
        to provide labor for hire for the unaffiliated 
        employer, rather than a placement in connection with 
        the provision of a product or service for which 
        specialized knowledge specific to the petitioning 
        employer is necessary.
  (3) The Attorney General shall approve a petition--
          (A) with respect to a nonimmigrant described in 
        section 101(a)(15)(O)(i) only after consultation in 
        accordance with paragraph (6) or, with respect to 
        aliens seeking entry for a motion picture or television 
        production, after consultation with the appropriate 
        union representing the alien's occupational peers and a 
        management organization in the area of the alien's 
        ability, or
          (B) with respect to a nonimmigrant described in 
        section 101(a)(15)(O)(ii) after consultation in 
        accordance with paragraph (6) or, in the case of such 
        an alien seeking entry for a motion picture or 
        television production, after consultation with such a 
        labor organization and a management organization in the 
        area of the alien's ability.
In the case of an alien seeking entry for a motion picture or 
television production, (i) any opinion under the previous 
sentence shall only be advisory, (ii) any such opinion that 
recommends denial must be in writing, (iii) in making the 
decision the Attorney General shall consider the exigencies and 
scheduling of the production, and (iv) the Attorney General 
shall append to the decision any such opinion. The Attorney 
General shall provide by regulation for the waiver of the 
consultation requirement under subparagraph (A) in the case of 
aliens who have been admitted as nonimmigrants under section 
101(a)(15)(O)(i) because of extraordinary ability in the arts 
and who seek readmission to perform similar services within 2 
years after the date of a consultation under such subparagraph. 
Not later than 5 days after the date such a waiver is provided, 
the Attorney General shall forward a copy of the petition and 
all supporting documentation to the national office of an 
appropriate labor organization.
  (4)(A) For purposes of section 101(a)(15)(P)(i)(a), an alien 
is described in this subparagraph if the alien--
          (i)(I) performs as an athlete, individually or as 
        part of a group or team, at an internationally 
        recognized level of performance;
          (II) is a professional athlete, as defined in section 
        204(i)(2);
          (III) performs as an athlete, or as a coach, as part 
        of a team or franchise that is located in the United 
        States and a member of a foreign league or association 
        of 15 or more amateur sports teams, if--
                  (aa) the foreign league or association is the 
                highest level of amateur performance of that 
                sport in the relevant foreign country;
                  (bb) participation in such league or 
                association renders players ineligible, whether 
                on a temporary or permanent basis, to earn a 
                scholarship in, or participate in, that sport 
                at a college or university in the United States 
                under the rules of the National Collegiate 
                Athletic Association; and
                  (cc) a significant number of the individuals 
                who play in such league or association are 
                drafted by a major sports league or a minor 
                league affiliate of such a sports league; or
          (IV) is a professional athlete or amateur athlete who 
        performs individually or as part of a group in a 
        theatrical ice skating production; and
          (ii) seeks to enter the United States temporarily and 
        solely for the purpose of performing--
                  (I) as such an athlete with respect to a 
                specific athletic competition; or
                  (II) in the case of an individual described 
                in clause (i)(IV), in a specific theatrical ice 
                skating production or tour.
  (B)(i) For purposes of section 101(a)(15)(P)(i)(b), an alien 
is described in this subparagraph if the alien--
          (I) performs with or is an integral and essential 
        part of the performance of an entertainment group that 
        has (except as provided in clause (ii)) been recognized 
        internationally as being outstanding in the discipline 
        for a sustained and substantial period of time,
          (II) in the case of a performer or entertainer, 
        except as provided in clause (iii), has had a sustained 
        and substantial relationship with that group 
        (ordinarily for at least one year) and provides 
        functions integral to the performance of the group, and
          (III) seeks to enter the United States temporarily 
        and solely for the purpose of performing as such a 
        performer or entertainer or as an integral and 
        essential part of a performance.
  (ii) In the case of an entertainment group that is recognized 
nationally as being outstanding in its discipline for a 
sustained and substantial period of time, the Attorney General 
may, in consideration of special circumstances, waive the 
international recognition requirement of clause (i)(I).
  (iii)(I) The one-year relationship requirement of clause 
(i)(II) shall not apply to 25 percent of the performers and 
entertainers in a group.
  (II) The Attorney General may waive such one-year 
relationship requirement for an alien who because of illness or 
unanticipated and exigent circumstances replaces an essential 
member of the group and for an alien who augments the group by 
performing a critical role.
  (iv) The requirements of subclauses (I) and (II) of clause 
(i) shall not apply to alien circus personnel who perform as 
part of a circus or circus group or who constitute an integral 
and essential part of the performance of such circus or circus 
group, but only if such personnel are entering the United 
States to join a circus that has been recognized nationally as 
outstanding for a sustained and substantial period of time or 
as part of such a circus.
  (C) A person may petition the Attorney General for 
classification of an alien as a nonimmigrant under section 
101(a)(15)(P).
  (D) The Attorney General shall approve petitions under this 
subsection with respect to nonimmigrants described in clause 
(i) or (iii) of section 101(a)(15)(P) only after consultation 
in accordance with paragraph (6).
  (E) The Attorney General shall approve petitions under this 
subsection for nonimmigrants described in section 
101(a)(15)(P)(ii) only after consultation with labor 
organizations representing artists and entertainers in the 
United States.
  (F)(i) No nonimmigrant visa under section 101(a)(15)(P)(i)(a) 
shall be issued to any alien who is a national of a country 
that is a state sponsor of international terrorism unless the 
Secretary of State determines, in consultation with the 
Secretary of Homeland Security and the heads of other 
appropriate United States agencies, that such alien does not 
pose a threat to the safety, national security, or national 
interest of the United States. In making a determination under 
this subparagraph, the Secretary of State shall apply standards 
developed by the Secretary of State, in consultation with the 
Secretary of Homeland Security and the heads of other 
appropriate United States agencies, that are applicable to the 
nationals of such states.
  (ii) In this subparagraph, the term ``state sponsor of 
international terrorism'' means any country the government of 
which has been determined by the Secretary of State under any 
of the laws specified in clause (iii) to have repeatedly 
provided support for acts of international terrorism.
  (iii) The laws specified in this clause are the following:
          (I) Section 6(j)(1)(A) of the Export Administration 
        Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or 
        successor statute).
          (II) Section 40(d) of the Arms Export Control Act (22 
        U.S.C. 2780(d)).
          (III) Section 620A(a) of the Foreign Assistance Act 
        of 1961 (22 U.S.C. 2371(a)).
  (G) The Secretary of Homeland Security shall permit a 
petition under this subsection to seek classification of more 
than 1 alien as a nonimmigrant under section 
101(a)(15)(P)(i)(a).
  (H) The Secretary of Homeland Security shall permit an 
athlete, or the employer of an athlete, to seek admission to 
the United States for such athlete under a provision of this 
Act other than section 101(a)(15)(P)(i) if the athlete is 
eligible under such other provision.
  (5)(A) In the case of an alien who is provided nonimmigrant 
status under section 101(a)(15)(H)(i)(b) or 
101(a)(15)(H)(ii)(b) and who is dismissed from employment by 
the employer before the end of the period of authorized 
admission, the employer shall be liable for the reasonable 
costs of return transportation of the alien abroad.
  (B) In the case of an alien who is admitted to the United 
States in nonimmigrant status under section 101(a)(15)(O) or 
101(a)(15)(P) and whose employment terminates for reasons other 
than voluntary resignation, the employer whose offer of 
employment formed the basis of such nonimmigrant status and the 
petitioner are jointly and severally liable for the reasonable 
cost of return transportation of the alien abroad. The 
petitioner shall provide assurance satisfactory to the Attorney 
General that the reasonable cost of that transportation will be 
provided.
  (6)(A)(i) To meet the consultation requirement of paragraph 
(3)(A) in the case of a petition for a nonimmigrant described 
in section 101(a)(15)(O)(i) (other than with respect to aliens 
seeking entry for a motion picture or television production), 
the petitioner shall submit with the petition an advisory 
opinion from a peer group (or other person or persons of its 
choosing, which may include a labor organization) with 
expertise in the specific field involved.
  (ii) To meet the consultation requirement of paragraph (3)(B) 
in the case of a petition for a nonimmigrant described in 
section 101(a)(15)(O)(ii) (other than with respect to aliens 
seeking entry for a motion picture or television production), 
the petitioner shall submit with the petition an advisory 
opinion from a labor organization with expertise in the skill 
area involved.
  (iii) To meet the consultation requirement of paragraph 
(4)(D) in the case of a petition for a nonimmigrant described 
in section 101(a)(15)(P)(i) or 101(a)(15)(P)(iii), the 
petitioner shall submit with the petition an advisory opinion 
from a labor organization with expertise in the specific field 
of athletics or entertainment involved.
  (B) To meet the consultation requirements of subparagraph 
(A), unless the petitioner submits with the petition an 
advisory opinion from an appropriate labor organization, the 
Attorney General shall forward a copy of the petition and all 
supporting documentation to the national office of an 
appropriate labor organization within 5 days of the date of 
receipt of the petition. If there is a collective bargaining 
representative of an employer's employees in the occupational 
classification for which the alien is being sought, that 
representative shall be the appropriate labor organization.
  (C) In those cases in which a petitioner described in 
subparagraph (A) establishes that an appropriate peer group 
(including a labor organization) does not exist, the Attorney 
General shall adjudicate the petition without requiring an 
advisory opinion.
  (D) Any person or organization receiving a copy of a petition 
described in subparagraph (A) and supporting documents shall 
have no more than 15 days following the date of receipt of such 
documents within which to submit a written advisory opinion or 
comment or to provide a letter of no objection. Once the 15-day 
period has expired and the petitioner has had an opportunity, 
where appropriate, to supply rebuttal evidence, the Attorney 
General shall adjudicate such petition in no more than 14 days. 
The Attorney General may shorten any specified time period for 
emergency reasons if no unreasonable burden would be thus 
imposed on any participant in the process.
  (E)(i) The Attorney General shall establish by regulation 
expedited consultation procedures in the case of nonimmigrant 
artists or entertainers described in section 101(a)(15)(O) or 
101(a)(15)(P) to accommodate the exigencies and scheduling of a 
given production or event.
  (ii) The Attorney General shall establish by regulation 
expedited consultation procedures in the case of nonimmigrant 
athletes described in section 101(a)(15)(O)(i) or 
101(a)(15)(P)(i) in the case of emergency circumstances 
(including trades during a season).
  (F) No consultation required under this subsection by the 
Attorney General with a nongovernmental entity shall be 
construed as permitting the Attorney General to delegate any 
authority under this subsection to such an entity. The Attorney 
General shall give such weight to advisory opinions provided 
under this section as the Attorney General determines, in his 
sole discretion, to be appropriate.
  (7) If a petition is filed and denied under this subsection, 
the Attorney General shall notify the petitioner of the 
determination and the reasons for the denial and of the process 
by which the petitioner may appeal the determination.
  (8) The Attorney General shall submit annually to the 
Committees on the Judiciary of the House of Representatives and 
of the Senate a report describing, with respect to petitions 
under each subcategory of subparagraphs (H), (O), (P), and (Q) 
of section 101(a)(15) the following:
          (A) The number of such petitions which have been 
        filed.
          (B) The number of such petitions which have been 
        approved and the number of workers (by occupation) 
        included in such approved petitions.
          (C) The number of such petitions which have been 
        denied and the number of workers (by occupation) 
        requested in such denied petitions.
          (D) The number of such petitions which have been 
        withdrawn.
          (E) The number of such petitions which are awaiting 
        final action.
  (9)(A) The Attorney General shall impose a fee on an employer 
(excluding any employer that is a primary or secondary 
education institution, an institution of higher education, as 
defined in section 101(a) of the Higher Education Act of 1965 
(20 U.S.C. 1001(a), a nonprofit entity related to or affiliated 
with any such institution, a nonprofit entity which engages in 
established curriculum-related clinical training of students 
registered at any such institution, a nonprofit research 
organization, or a governmental research organization) filing 
before a petition under paragraph (1)--
          (i) initially to grant an alien nonimmigrant status 
        described in section 101(a)(15)(H)(i)(b);
          (ii) to extend the stay of an alien having such 
        status (unless the employer previously has obtained an 
        extension for such alien); or
          (iii) to obtain authorization for an alien having 
        such status to change employers.
  (B) The amount of the fee shall be $1,500 for each such 
petition except that the fee shall be half the amount for each 
such petition by any employer with not more than 25 full-time 
equivalent employees who are employed in the United States 
(determined by including any affiliate or subsidiary of such 
employer).
  (C) Fees collected under this paragraph shall be deposited in 
the Treasury in accordance with section 286(s).
          (10) An amended H-1B petition shall not be required 
        where the petitioning employer is involved in a 
        corporate restructuring, including but not limited to a 
        merger, acquisition, or consolidation, where a new 
        corporate entity succeeds to the interests and 
        obligations of the original petitioning employer and 
        where the terms and conditions of employment remain the 
        same but for the identity of the petitioner.
  (11)(A) Subject to subparagraph (B), the Secretary of 
Homeland Security or the Secretary of State, as appropriate, 
shall impose a fee on an employer who has filed an attestation 
described in section 212(t)--
          (i) in order that an alien may be initially granted 
        nonimmigrant status described in section 
        101(a)(15)(H)(i)(b1); or
          (ii) in order to satisfy the requirement of the 
        second sentence of subsection (g)(8)(C) for an alien 
        having such status to obtain certain extensions of 
        stay.
  (B) The amount of the fee shall be the same as the amount 
imposed by the Secretary of Homeland Security under paragraph 
(9), except that if such paragraph does not authorize such 
Secretary to impose any fee, no fee shall be imposed under this 
paragraph.
  (C) Fees collected under this paragraph shall be deposited in 
the Treasury in accordance with section 286(s).
  (12)(A) In addition to any other fees authorized by law, the 
Secretary of Homeland Security shall impose a fraud prevention 
and detection fee on an employer filing a petition under 
paragraph (1)--
          (i) initially to grant an alien nonimmigrant status 
        described in subparagraph (H)(i)(b) or (L) of section 
        101(a)(15); or
          (ii) to obtain authorization for an alien having such 
        status to change employers.
  (B) In addition to any other fees authorized by law, the 
Secretary of State shall impose a fraud prevention and 
detection fee on an alien filing an application abroad for a 
visa authorizing admission to the United States as a 
nonimmigrant described in section 101(a)(15)(L), if the alien 
is covered under a blanket petition described in paragraph 
(2)(A).
  (C) The amount of the fee imposed under subparagraph (A) or 
(B) shall be $500.
  (D) The fee imposed under subparagraph (A) or (B) shall only 
apply to principal aliens and not to the spouses or children 
who are accompanying or following to join such principal 
aliens.
  (E) Fees collected under this paragraph shall be deposited in 
the Treasury in accordance with section 286(v).
  (13)(A) In addition to any other fees authorized by law, the 
Secretary of Homeland Security shall impose a fraud prevention 
and detection fee on an employer filing a petition under 
paragraph (1) for nonimmigrant workers described in section 
101(a)(15)(H)(ii)(b).
  (B) The amount of the fee imposed under subparagraph (A) 
shall be $150.
  (14)(A) If the Secretary of Homeland Security finds, after 
notice and an opportunity for a hearing, a substantial failure 
to meet any of the conditions of the petition to admit or 
otherwise provide status to a nonimmigrant worker under section 
101(a)(15)(H)(ii)(b) or a willful misrepresentation of a 
material fact in such petition--
          (i) the Secretary of Homeland Security may, in 
        addition to any other remedy authorized by law, impose 
        such administrative remedies (including civil monetary 
        penalties in an amount not to exceed $10,000 per 
        violation) as the Secretary of Homeland Security 
        determines to be appropriate; and
          (ii) the Secretary of Homeland Security may deny 
        petitions filed with respect to that employer under 
        section 204 or paragraph (1) of this subsection during 
        a period of at least 1 year but not more than 5 years 
        for aliens to be employed by the employer.
  (B) The Secretary of Homeland Security may delegate to the 
Secretary of Labor, with the agreement of the Secretary of 
Labor, any of the authority given to the Secretary of Homeland 
Security under subparagraph (A)(i).
  [(C) In determining the level of penalties to be assessed 
under subparagraph (A), the highest penalties shall be reserved 
for willful failures to meet any of the conditions of the 
petition that involve harm to United States workers.]
  (C) In determining the level of penalties to be assessed 
under subparagraph (A), the highest penalties shall be reserved 
for--
          (i) willful failures to meet any of the conditions of 
        the petition that involve harm to United States 
        workers; and
          (ii) willful misrepresentations of the number of 
        necessary nonimmigrants in an application for temporary 
        labor certification in support of a petition for 
        nonimmigrants described in section 
        101(a)(15)(H)(ii)(b).
  (D) In this paragraph, the term ``substantial failure'' means 
the willful failure to comply with the requirements of this 
section that constitutes a significant deviation from the terms 
and conditions of a petition.
  (d)(1) A visa shall not be issued under the provisions of 
section 101(a)(15)(K)(i) until the consular officer has 
received a petition filed in the United States by the fiancee 
or fiance of the applying alien and approved by the Secretary 
of Homeland Security. The petition shall be in such form and 
contain such information as the Secretary of Homeland Security 
shall, by regulation, prescribe. Such information shall include 
information on any criminal convictions of the petitioner for 
any specified crime described in paragraph (3)(B) and 
information on any permanent protection or restraining order 
issued against the petitioner related to any specified crime 
described in paragraph (3)(B)(i). It shall be approved only 
after satisfactory evidence is submitted by the petitioner to 
establish that the parties have previously met in person within 
2 years before the date of filing the petition, have a bona 
fide intention to marry, and are legally able and actually 
willing to conclude a valid marriage in the United States 
within a period of ninety days after the alien's arrival, 
except that the Secretary of Homeland Security in his 
discretion may waive the requirement that the parties have 
previously met in person. In the event the marriage with the 
petitioner does not occur within three months after the 
admission of the said alien and minor children, they shall be 
required to depart from the United States and upon failure to 
do so shall be removed in accordance with sections 240 and 241.
  (2)(A) Subject to subparagraphs (B) and (C), the Secretary of 
Homeland Security may not approve a petition under paragraph 
(1) unless the Secretary has verified that--
          (i) the petitioner has not, previous to the pending 
        petition, petitioned under paragraph (1) with respect 
        to two or more applying aliens; and
          (ii) if the petitioner has had such a petition 
        previously approved, 2 years have elapsed since the 
        filing of such previously approved petition.
  (B) The Secretary of Homeland Security may, in the 
Secretary's discretion, waive the limitations in subparagraph 
(A) if justification exists for such a waiver. Except in 
extraordinary circumstances and subject to subparagraph (C), 
such a waiver shall not be granted if the petitioner has a 
record of violent criminal offenses against a person or 
persons.
  (C)(i) The Secretary of Homeland Security is not limited by 
the criminal court record and shall grant a waiver of the 
condition described in the second sentence of subparagraph (B) 
in the case of a petitioner described in clause (ii).
  (ii) A petitioner described in this clause is a petitioner 
who has been battered or subjected to extreme cruelty and who 
is or was not the primary perpetrator of violence in the 
relationship upon a determination that--
          (I) the petitioner was acting in self-defense;
          (II) the petitioner was found to have violated a 
        protection order intended to protect the petitioner; or
          (III) the petitioner committed, was arrested for, was 
        convicted of, or pled guilty to committing a crime that 
        did not result in serious bodily injury and where there 
        was a connection between the crime and the petitioner's 
        having been battered or subjected to extreme cruelty.
  (iii) In acting on applications under this subparagraph, the 
Secretary of Homeland Security shall consider any credible 
evidence relevant to the application. The determination of what 
evidence is credible and the weight to be given that evidence 
shall be within the sole discretion of the Secretary.
  (3) In this subsection:
          (A) The terms ``domestic violence'', ``sexual 
        assault'', ``child abuse and neglect'', ``dating 
        violence'', ``elder abuse'', and ``stalking'' have the 
        meaning given such terms in section 3 of the Violence 
        Against Women and Department of Justice Reauthorization 
        Act of 2005.
          (B) The term ``specified crime'' means the following:
                  (i) Domestic violence, sexual assault, child 
                abuse and neglect, dating violence, elder 
                abuse, stalking, or an attempt to commit any 
                such crime.
                  (ii) Homicide, murder, manslaughter, rape, 
                abusive sexual contact, sexual exploitation, 
                incest, torture, trafficking, peonage, holding 
                hostage, involuntary servitude, slave trade, 
                kidnapping, abduction, unlawful criminal 
                restraint, false imprisonment, or an attempt to 
                commit any of the crimes described in this 
                clause.
                  (iii) At least three convictions for crimes 
                relating to a controlled substance or alcohol 
                not arising from a single act.
  (e)(1) Notwithstanding any other provision of this Act, an 
alien who is a citizen of Canada and seeks to enter the United 
States under and pursuant to the provisions of Annex 1502.1 
(United States of America), Part C--Professionals, of the 
United States-Canada Free-Trade Agreement to engage in business 
activities at a professional level as provided for therein may 
be admitted for such purpose under regulations of the Attorney 
General promulgated after consultation with the Secretaries of 
State and Labor.
  (2) An alien who is a citizen of Canada or Mexico, and the 
spouse and children of any such alien if accompanying or 
following to join such alien, who seeks to enter the United 
States under and pursuant to the provisions of Section D of 
Annex 1603 of the North American Free Trade Agreement (in this 
subsection referred to as ``NAFTA'') to engage in business 
activities at a professional level as provided for in such 
Annex, may be admitted for such purpose under regulations of 
the Attorney General promulgated after consultation with the 
Secretaries of State and Labor. For purposes of this Act, 
including the issuance of entry documents and the application 
of subsection (b), such alien shall be treated as if seeking 
classification, or classifiable, as a nonimmigrant under 
section 101(a)(15). The admission of an alien who is a citizen 
of Mexico shall be subject to paragraphs (3), (4), and (5). For 
purposes of this paragraph and paragraphs (3), (4), and (5), 
the term ``citizen of Mexico'' means ``citizen'' as defined in 
Annex 1608 of NAFTA.
  (3) The Attorney General shall establish an annual numerical 
limit on admissions under paragraph (2) of aliens who are 
citizens of Mexico, as set forth in Appendix 1603.D.4 of Annex 
1603 of the NAFTA. Subject to paragraph (4), the annual 
numerical limit--
          (A) beginning with the second year that NAFTA is in 
        force, may be increased in accordance with the 
        provisions of paragraph 5(a) of Section D of such 
        Annex, and
          (B) shall cease to apply as provided for in paragraph 
        3 of such Appendix.
  (4) The annual numerical limit referred to in paragraph (3) 
may be increased or shall cease to apply (other than by 
operation of paragraph 3 of such Appendix) only if--
          (A) the President has obtained advice regarding the 
        proposed action from the appropriate advisory 
        committees established under section 135 of the Trade 
        Act of 1974 (19 U.S.C. 2155);
          (B) the President has submitted a report to the 
        Committee on the Judiciary of the Senate and the 
        Committee on the Judiciary of the House of 
        Representatives that sets forth--
                  (i) the action proposed to be taken and the 
                reasons therefor, and
                  (ii) the advice obtained under subparagraph 
                (A);
          (C) a period of at least 60 calendar days that begins 
        on the first day on which the President has met the 
        requirements of subparagraphs (A) and (B) with respect 
        to such action has expired; and
          (D) the President has consulted with such committees 
        regarding the proposed action during the period 
        referred to in subparagraph (C).
  (5) During the period that the provisions of Appendix 
1603.D.4 of Annex 1603 of the NAFTA apply, the entry of an 
alien who is a citizen of Mexico under and pursuant to the 
provisions of Section D of Annex 1603 of NAFTA shall be subject 
to the attestation requirement of section 212(m), in the case 
of a registered nurse, or the application requirement of 
section 212(n), in the case of all other professions set out in 
Appendix 1603.D.1 of Annex 1603 of NAFTA, and the petition 
requirement of subsection (c), to the extent and in the manner 
prescribed in regulations promulgated by the Secretary of 
Labor, with respect to sections 212(m) and 212(n), and the 
Attorney General, with respect to subsection (c).
  (6) In the case of an alien spouse admitted under section 
101(a)(15)(E), who is accompanying or following to join a 
principal alien admitted under such section, the Attorney 
General shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
``employment authorized'' endorsement or other appropriate work 
permit.
  (f)(1) Except as provided in paragraph (3), no alien shall be 
entitled to nonimmigrant status described in section 
101(a)(15)(D) if the alien intends to land for the purpose of 
performing service on board a vessel of the United States (as 
defined in section 2101(46) of title 46, United States Code) or 
on an aircraft of an air carrier (as defined in section 
40102(a)(2) of title 49, United States Code) during a labor 
dispute where there is a strike or lockout in the bargaining 
unit of the employer in which the alien intends to perform such 
service.
  (2) An alien described in paragraph (1)--
          (A) may not be paroled into the United States 
        pursuant to section 212(d)(5) unless the Attorney 
        General determines that the parole of such alien is 
        necessary to protect the national security of the 
        United States; and
          (B) shall be considered not to be a bona fide crewman 
        for purposes of section 252(b).
  (3) Paragraph (1) shall not apply to an alien if the air 
carrier or owner or operator of such vessel that employs the 
alien provides documentation that satisfies the Attorney 
General that the alien--
          (A) has been an employee of such employer for a 
        period of not less than 1 year preceding the date that 
        a strike or lawful lockout commenced;
          (B) has served as a qualified crewman for such 
        employer at least once in each of 3 months during the 
        12-month period preceding such date; and
          (C) shall continue to provide the same services that 
        such alien provided as such a crewman.
  (g)(1) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year 
(beginning with fiscal year 1992)--
          (A) under section 101(a)(15)(H)(i)(b), may not 
        exceed--
                  (i) 65,000 in each fiscal year before fiscal 
                year 1999;
                  (ii) 115,000 in fiscal year 1999;
                  (iii) 115,000 in fiscal year 2000;
                  (iv) 195,000 in fiscal year 2001;
                  (v) 195,000 in fiscal year 2002;
                  (vi) 195,000 in fiscal year 2003; and
                  (vii) 65,000 in each succeeding fiscal year; 
                or
          (B) under section 101(a)(15)(H)(ii)(b) may not exceed 
        66,000.
  (2) The numerical limitations of paragraph (1) shall only 
apply to principal aliens and not to the spouses or children of 
such aliens.
  (3) Aliens who are subject to the numerical limitations of 
paragraph (1) shall be issued visas (or otherwise provided 
nonimmigrant status) in the order in which petitions are filed 
for such visas or status. If an alien who was issued a visa or 
otherwise provided nonimmigrant status and counted against the 
numerical limitations of paragraph (1) is found to have been 
issued such visa or otherwise provided such status by fraud or 
willfully misrepresenting a material fact and such visa or 
nonimmigrant status is revoked, then one number shall be 
restored to the total number of aliens who may be issued visas 
or otherwise provided such status under the numerical 
limitations of paragraph (1) in the fiscal year in which the 
petition is revoked, regardless of the fiscal year in which the 
petition was approved.
  (4) In the case of a nonimmigrant described in section 
101(a)(15)(H)(i)(b), the period of authorized admission as such 
a nonimmigrant may not exceed 6 years.
  (5) The numerical limitations contained in paragraph (1)(A) 
shall not apply to any nonimmigrant alien issued a visa or 
otherwise provided status under section 101(a)(15)(H)(i)(b) 
who--
          (A) is employed (or has received an offer of 
        employment) at an institution of higher education (as 
        defined in section 101(a) of the Higher Education Act 
        of 1965 (20 U.S.C. 1001(a))), or a related or 
        affiliated nonprofit entity;
          (B) is employed (or has received an offer of 
        employment) at a nonprofit research organization or a 
        governmental research organization; or
          (C) has earned a master's or higher degree from a 
        United States institution of higher education (as 
        defined in section 101(a) of the Higher Education Act 
        of 1965 (20 U.S.C. 1001(a)), until the number of aliens 
        who are exempted from such numerical limitation during 
        such year exceeds 20,000.
  (6) Any alien who ceases to be employed by an employer 
described in paragraph (5)(A) shall, if employed as a 
nonimmigrant alien described in section 101(a)(15)(H)(i)(b), 
who has not previously been counted toward the numerical 
limitations contained in paragraph (1)(A), be counted toward 
those limitations the first time the alien is employed by an 
employer other than one described in paragraph (5).
  (7) Any alien who has already been counted, within the 6 
years prior to the approval of a petition described in 
subsection (c), toward the numerical limitations of paragraph 
(1)(A) shall not again be counted toward those limitations 
unless the alien would be eligible for a full 6 years of 
authorized admission at the time the petition is filed. Where 
multiple petitions are approved for 1 alien, that alien shall 
be counted only once.
  (8)(A) The agreements referred to in section 
101(a)(15)(H)(i)(b1) are--
          (i) the United States-Chile Free Trade Agreement; and
          (ii) the United States-Singapore Free Trade 
        Agreement.
  (B)(i) The Secretary of Homeland Security shall establish 
annual numerical limitations on approvals of initial 
applications by aliens for admission under section 
101(a)(15)(H)(i)(b1).
  (ii) The annual numerical limitations described in clause (i) 
shall not exceed--
          (I) 1,400 for nationals of Chile (as defined in 
        article 14.9 of the United States-Chile Free Trade 
        Agreement) for any fiscal year; and
          (II) 5,400 for nationals of Singapore (as defined in 
        Annex 1A of the United States-Singapore Free Trade 
        Agreement) for any fiscal year.
  (iii) The annual numerical limitations described in clause 
(i) shall only apply to principal aliens and not to the spouses 
or children of such aliens.
  (iv) The annual numerical limitation described in paragraph 
(1)(A) is reduced by the amount of the annual numerical 
limitations established under clause (i). However, if a 
numerical limitation established under clause (i) has not been 
exhausted at the end of a given fiscal year, the Secretary of 
Homeland Security shall adjust upwards the numerical limitation 
in paragraph (1)(A) for that fiscal year by the amount 
remaining in the numerical limitation under clause (i). Visas 
under section 101(a)(15)(H)(i)(b) may be issued pursuant to 
such adjustment within the first 45 days of the next fiscal 
year to aliens who had applied for such visas during the fiscal 
year for which the adjustment was made.
  (C) The period of authorized admission as a nonimmigrant 
under section 101(a)(15)(H)(i)(b1) shall be 1 year, and may be 
extended, but only in 1-year increments. After every second 
extension, the next following extension shall not be granted 
unless the Secretary of Labor had determined and certified to 
the Secretary of Homeland Security and the Secretary of State 
that the intending employer has filed with the Secretary of 
Labor an attestation under section 212(t)(1) for the purpose of 
permitting the nonimmigrant to obtain such extension.
  (D) The numerical limitation described in paragraph (1)(A) 
for a fiscal year shall be reduced by one for each alien 
granted an extension under subparagraph (C) during such year 
who has obtained 5 or more consecutive prior extensions.
  (9)(A) Subject to subparagraphs (B) and (C), an alien [who 
has already been counted toward the numerical limitation of 
paragraph (1)(B) during fiscal year 2013, 2014, or 2015 shall 
not again be counted toward such limitation during fiscal year 
2016.] shall not be counted toward the numerical limitation of 
paragraph (1)(B) for a fiscal year if that alien already has 
been counted toward such limitation during one or both of the 2 
fiscal years immediately preceding that fiscal year. Such an 
alien shall be considered a returning worker.
  (B) A petition to admit or otherwise provide status under 
section 101(a)(15)(H)(ii)(b) shall include, with respect to a 
returning worker--
          (i) all information and evidence that the Secretary 
        of Homeland Security determines is required to support 
        a petition for status under section 
        101(a)(15)(H)(ii)(b);
          (ii) the full name of the alien; and
          (iii) a certification to the Department of Homeland 
        Security that the alien is a returning worker.
  (C) An H-2B visa or grant of nonimmigrant status for a 
returning worker shall be approved only if the alien is 
confirmed to be a returning worker by--
          (i) the Department of State; or
          (ii) if the alien is visa exempt or seeking to change 
        to status under section 101 (a)(15)(H)(ii)(b), the 
        Department of Homeland Security.
  [(10) The numerical limitations of paragraph (1)(B) shall be 
allocated for a fiscal year so that the total number of aliens 
subject to such numerical limits who enter the United States 
pursuant to a visa or are accorded nonimmigrant status under 
section 101(a)(15)(H)(ii)(b) during the first 6 months of such 
fiscal year is not more than 33,000.]
  (10)(A) Subject to subparagraphs (B) through (D), the 
numerical limitation of paragraph (1)(B) shall be allocated for 
a fiscal year so that the total number of aliens subject to 
such numerical limitation who enter the United States pursuant 
to a visa, or otherwise are accorded nonimmigrant status, under 
section 101(a)(15)(H)(ii)(b) during--
          (i) the first quarter of such fiscal year is not more 
        than 9,900;
          (ii) the second quarter of such fiscal year is not 
        more than 26,400, plus any number not used under clause 
        (i);
          (iii) the third quarter of such fiscal year is not 
        more than 26,400, plus any number not used under 
        clauses (i) and (ii); and
          (iv) the fourth quarter of such fiscal year is not 
        more than 3,300, plus any number not used under clauses 
        (i) through (iii).
  (B) Notwithstanding subparagraph (A), the Secretary of 
Homeland Security, after making a determination based on demand 
from previous fiscal years that a change in the allocations 
under such subparagraph is necessary and appropriate, may 
modify such allocations.
  (C) With respect to each quarter of a fiscal year, the 
Secretary of Labor shall accept applications for temporary 
labor certification in support of petitions for nonimmigrants 
described in section 101(a)(15)(H)(ii)(b) only during a one-
week period to be selected by such Secretary, and shall not 
finally approve any of such applications during any such week.
  (D) With respect to each quarter of a fiscal year, the 
Secretary of Labor shall approve temporary labor certifications 
in support of petitions for nonimmigrants described in section 
101(a)(15)(H)(ii)(b) in a manner that will result in all 
employers that have timely submitted an approvable application 
being able to fill an equal (or approximately equal) percentage 
of the number of requested positions.
  (11)(A) The Secretary of State may not approve a number of 
initial applications submitted for aliens described in section 
101(a)(15)(E)(iii) that is more than the applicable numerical 
limitation set out in this paragraph.
  (B) The applicable numerical limitation referred to in 
subparagraph (A) is 10,500 for each fiscal year.
  (C) The applicable numerical limitation referred to in 
subparagraph (A) shall only apply to principal aliens and not 
to the spouses or children of such aliens.
  (h) The fact that an alien is the beneficiary of an 
application for a preference status filed under section 204 or 
has otherwise sought permanent residence in the United States 
shall not constitute evidence of an intention to abandon a 
foreign residence for purposes of obtaining a visa as a 
nonimmigrant described in subparagraph (H)(i)(b) or (c), (L), 
or (V) of section 101(a)(15) or otherwise obtaining or 
maintaining the status of a nonimmigrant described in such 
subparagraph, if the alien had obtained a change of status 
under section 248 to a classification as such a nonimmigrant 
before the alien's most recent departure from the United 
States.
  (i)(1) Except as provided in paragraph (3), for purposes of 
section 101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and 
paragraph (2), the term ``specialty occupation'' means an 
occupation that requires--
          (A) theoretical and practical application of a body 
        of highly specialized knowledge, and
          (B) attainment of a bachelor's or higher degree in 
        the specific specialty (or its equivalent) as a minimum 
        for entry into the occupation in the United States.
  (2) For purposes of section 101(a)(15)(H)(i)(b), the 
requirements of this paragraph, with respect to a specialty 
occupation, are--
          (A) full state licensure to practice in the 
        occupation, if such licensure is required to practice 
        in the occupation,
          (B) completion of the degree described in paragraph 
        (1)(B) for the occupation, or
          (C)(i) experience in the specialty equivalent to the 
        completion of such degree, and (ii) recognition of 
        expertise in the specialty through progressively 
        responsible positions relating to the specialty.
  (3) For purposes of section 101(a)(15)(H)(i)(b1), the term 
``specialty occupation'' means an occupation that requires--
          (A) theoretical and practical application of a body 
        of specialized knowledge; and
          (B) attainment of a bachelor's or higher degree in 
        the specific specialty (or its equivalent) as a minimum 
        for entry into the occupation in the United States.
  (j)(1) Notwithstanding any other provision of this Act, an 
alien who is a citizen of Canada or Mexico who seeks to enter 
the United States under and pursuant to the provisions of 
Section B, Section C, or Section D of Annex 1603 of the North 
American Free Trade Agreement, shall not be classified as a 
nonimmigrant under such provisions if there is in progress a 
strike or lockout in the course of a labor dispute in the 
occupational classification at the place or intended place of 
employment, unless such alien establishes, pursuant to 
regulations promulgated by the Attorney General, that the 
alien's entry will not affect adversely the settlement of the 
strike or lockout or the employment of any person who is 
involved in the strike or lockout. Notice of a determination 
under this paragraph shall be given as may be required by 
paragraph 3 of article 1603 of such Agreement. For purposes of 
this paragraph, the term ``citizen of Mexico'' means 
``citizen'' as defined in Annex 1608 of such Agreement.
  (2) Notwithstanding any other provision of this Act except 
section 212(t)(1), and subject to regulations promulgated by 
the Secretary of Homeland Security, an alien who seeks to enter 
the United States under and pursuant to the provisions of an 
agreement listed in subsection (g)(8)(A), and the spouse and 
children of such an alien if accompanying or following to join 
the alien, may be denied admission as a nonimmigrant under 
subparagraph (E), (L), or (H)(i)(b1) of section 101(a)(15) if 
there is in progress a labor dispute in the occupational 
classification at the place or intended place of employment, 
unless such alien establishes, pursuant to regulations 
promulgated by the Secretary of Homeland Security after 
consultation with the Secretary of Labor, that the alien's 
entry will not affect adversely the settlement of the labor 
dispute or the employment of any person who is involved in the 
labor dispute. Notice of a determination under this paragraph 
shall be given as may be required by such agreement.
  (k)(1) The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year 
may not exceed 200. The number of aliens who may be provided a 
visa as nonimmigrants under section 101(a)(15)(S)(ii) in any 
fiscal year may not exceed 50.
  (2) The period of admission of an alien as such a 
nonimmigrant may not exceed 3 years. Such period may not be 
extended by the Attorney General.
  (3) As a condition for the admission, and continued stay in 
lawful status, of such a nonimmigrant, the nonimmigrant--
          (A) shall report not less often than quarterly to the 
        Attorney General such information concerning the 
        alien's whereabouts and activities as the Attorney 
        General may require;
          (B) may not be convicted of any criminal offense 
        punishable by a term of imprisonment of 1 year or more 
        after the date of such admission;
          (C) must have executed a form that waives the 
        nonimmigrant's right to contest, other than on the 
        basis of an application for withholding of removal, any 
        action for removal of the alien instituted before the 
        alien obtains lawful permanent resident status; and
          (D) shall abide by any other condition, limitation, 
        or restriction imposed by the Attorney General.
  (4) The Attorney General shall submit a report annually to 
the Committee on the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Senate concerning--
          (A) the number of such nonimmigrants admitted;
          (B) the number of successful criminal prosecutions or 
        investigations resulting from cooperation of such 
        aliens;
          (C) the number of terrorist acts prevented or 
        frustrated resulting from cooperation of such aliens;
          (D) the number of such nonimmigrants whose admission 
        or cooperation has not resulted in successful criminal 
        prosecution or investigation or the prevention or 
        frustration of a terrorist act; and
          (E) the number of such nonimmigrants who have failed 
        to report quarterly (as required under paragraph (3)) 
        or who have been convicted of crimes in the United 
        States after the date of their admission as such a 
        nonimmigrant.
  (l)(1) In the case of a request by an interested State 
agency, or by an interested Federal agency, for a waiver of the 
2-year foreign residence requirement under section 212(e) on 
behalf of an alien described in clause (iii) of such section, 
the Attorney General shall not grant such waiver unless--
          (A) in the case of an alien who is otherwise 
        contractually obligated to return to a foreign country, 
        the government of such country furnishes the Director 
        of the United States Information Agency with a 
        statement in writing that it has no objection to such 
        waiver;
          (B) in the case of a request by an interested State 
        agency, the grant of such waiver would not cause the 
        number of waivers allotted for that State for that 
        fiscal year to exceed 30;
          (C) in the case of a request by an interested Federal 
        agency or by an interested State agency--
                  (i) the alien demonstrates a bona fide offer 
                of full-time employment at a health facility or 
                health care organization, which employment has 
                been determined by the Attorney General to be 
                in the public interest; and
                  (ii) the alien agrees to begin employment 
                with the health facility or health care 
                organization within 90 days of receiving such 
                waiver, and agrees to continue to work for a 
                total of not less than 3 years (unless the 
                Attorney General determines that extenuating 
                circumstances exist, such as closure of the 
                facility or hardship to the alien, which would 
                justify a lesser period of employment at such 
                health facility or health care organization, in 
                which case the alien must demonstrate another 
                bona fide offer of employment at a health 
                facility or health care organization for the 
                remainder of such 3-year period); and
          (D) in the case of a request by an interested Federal 
        agency (other than a request by an interested Federal 
        agency to employ the alien full-time in medical 
        research or training) or by an interested State agency, 
        the alien agrees to practice primary care or specialty 
        medicine in accordance with paragraph (2) for a total 
        of not less than 3 years only in the geographic area or 
        areas which are designated by the Secretary of Health 
        and Human Services as having a shortage of health care 
        professionals, except that--
                  (i) in the case of a request by the 
                Department of Veterans Affairs, the alien shall 
                not be required to practice medicine in a 
                geographic area designated by the Secretary;
                  (ii) in the case of a request by an 
                interested State agency, the head of such State 
                agency determines that the alien is to practice 
                medicine under such agreement in a facility 
                that serves patients who reside in one or more 
                geographic areas so designated by the Secretary 
                of Health and Human Services (without regard to 
                whether such facility is located within such a 
                designated geographic area), and the grant of 
                such waiver would not cause the number of the 
                waivers granted on behalf of aliens for such 
                State for a fiscal year (within the limitation 
                in subparagraph (B)) in accordance with the 
                conditions of this clause to exceed 10; and
                  (iii) in the case of a request by an 
                interested Federal agency or by an interested 
                State agency for a waiver for an alien who 
                agrees to practice specialty medicine in a 
                facility located in a geographic area so 
                designated by the Secretary of Health and Human 
                Services, the request shall demonstrate, based 
                on criteria established by such agency, that 
                there is a shortage of health care 
                professionals able to provide services in the 
                appropriate medical specialty to the patients 
                who will be served by the alien.
          (2)(A) Notwithstanding section 248(a)(2), the 
        Attorney General may change the status of an alien who 
        qualifies under this subsection and section 212(e) to 
        that of an alien described in section 
        101(a)(15)(H)(i)(b). The numerical limitations 
        contained in subsection (g)(1)(A) shall not apply to 
        any alien whose status is changed under the preceding 
        sentence, if the alien obtained a waiver of the 2-year 
        foreign residence requirement upon a request by an 
        interested Federal agency or an interested State 
        agency.
          (B) No person who has obtained a change of status 
        under subparagraph (A) and who has failed to fulfill 
        the terms of the contract with the health facility or 
        health care organization named in the waiver 
        application shall be eligible to apply for an immigrant 
        visa, for permanent residence, or for any other change 
        of nonimmigrant status, until it is established that 
        such person has resided and been physically present in 
        the country of his nationality or his last residence 
        for an aggregate of at least 2 years following 
        departure from the United States.
          (3) Notwithstanding any other provision of this 
        subsection, the 2-year foreign residence requirement 
        under section 212(e) shall apply with respect to an 
        alien described in clause (iii) of such section, who 
        has not otherwise been accorded status under section 
        101(a)(27)(H), if--
                  (A) at any time the alien ceases to comply 
                with any agreement entered into under 
                subparagraph (C) or (D) of paragraph (1); or
                  (B) the alien's employment ceases to benefit 
                the public interest at any time during the 3-
                year period described in paragraph (1)(C).
  (m)(1) An alien may not be accorded status as a nonimmigrant 
under clause (i) or (iii) of section 101(a)(15)(F) in order to 
pursue a course of study--
          (A) at a public elementary school or in a publicly 
        funded adult education program; or
          (B) at a public secondary school unless--
                  (i) the aggregate period of such status at 
                such a school does not exceed 12 months with 
                respect to any alien, and (ii) the alien 
                demonstrates that the alien has reimbursed the 
                local educational agency that administers the 
                school for the full, unsubsidized per capita 
                cost of providing education at such school for 
                the period of the alien's attendance.
  (2) An alien who obtains the status of a nonimmigrant under 
clause (i) or (iii) of section 101(a)(15)(F) in order to pursue 
a course of study at a private elementary or secondary school 
or in a language training program that is not publicly funded 
shall be considered to have violated such status, and the 
alien's visa under section 101(a)(15)(F) shall be void, if the 
alien terminates or abandons such course of study at such a 
school and undertakes a course of study at a public elementary 
school, in a publicly funded adult education program, in a 
publicly funded adult education language training program, or 
at a public secondary school (unless the requirements of 
paragraph (1)(B) are met).
  (n)(1) A nonimmigrant alien described in paragraph (2) who 
was previously issued a visa or otherwise provided nonimmigrant 
status under section 101(a)(15)(H)(i)(b) is authorized to 
accept new employment upon the filing by the prospective 
employer of a new petition on behalf of such nonimmigrant as 
provided under subsection (a). Employment authorization shall 
continue for such alien until the new petition is adjudicated. 
If the new petition is denied, such authorization shall cease.
  (2) A nonimmigrant alien described in this paragraph is a 
nonimmigrant alien--
          (A) who has been lawfully admitted into the United 
        States;
          (B) on whose behalf an employer has filed a 
        nonfrivolous petition for new employment before the 
        date of expiration of the period of stay authorized by 
        the Attorney General; and
          (C) who, subsequent to such lawful admission, has not 
        been employed without authorization in the United 
        States before the filing of such petition.
  (o)(1) No alien shall be eligible for admission to the United 
States under section 101(a)(15)(T) if there is substantial 
reason to believe that the alien has committed an act of a 
severe form of trafficking in persons (as defined in section 
103 of the Trafficking Victims Protection Act of 2000).
  (2) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year 
under section 101(a)(15)(T) may not exceed 5,000.
  (3) The numerical limitation of paragraph (2) shall only 
apply to principal aliens and not to the spouses, sons, 
daughters, siblings, or parents of such aliens.
  (4) An unmarried alien who seeks to accompany, or follow to 
join, a parent granted status under section 101(a)(15)(T)(i), 
and who was under 21 years of age on the date on which such 
parent applied for such status, shall continue to be classified 
as a child for purposes of section 101(a)(15)(T)(ii), if the 
alien attains 21 years of age after such parent's application 
was filed but while it was pending.
  (5) An alien described in clause (i) of section 101(a)(15)(T) 
shall continue to be treated as an alien described in clause 
(ii)(I) of such section if the alien attains 21 years of age 
after the alien's application for status under such clause (i) 
is filed but while it is pending.
  (6) In making a determination under section 
101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements 
from State and local law enforcement officials that the alien 
has complied with any reasonable request for assistance in the 
investigation or prosecution of crimes such as kidnapping, 
rape, slavery, or other forced labor offenses, where severe 
forms of trafficking in persons (as defined in section 103 of 
the Trafficking Victims Protection Act of 2000) appear to have 
been involved, shall be considered.
  (7)(A) Except as provided in subparagraph (B), an alien who 
is issued a visa or otherwise provided nonimmigrant status 
under section 101(a)(15)(T) may be granted such status for a 
period of not more than 4 years.
  (B) An alien who is issued a visa or otherwise provided 
nonimmigrant status under section 101(a)(15)(T) may extend the 
period of such status beyond the period described in 
subparagraph (A) if--
          (i) a Federal, State, or local law enforcement 
        official, prosecutor, judge, or other authority 
        investigating or prosecuting activity relating to human 
        trafficking or certifies that the presence of the alien 
        in the United States is necessary to assist in the 
        investigation or prosecution of such activity;
          (ii) the alien is eligible for relief under section 
        245(l) and is unable to obtain such relief because 
        regulations have not been issued to implement such 
        section; or
          (iii) the Secretary of Homeland Security determines 
        that an extension of the period of such nonimmigrant 
        status is warranted due to exceptional circumstances.
  (C) Nonimmigrant status under section 101(a)(15)(T) shall be 
extended during the pendency of an application for adjustment 
of status under section 245(l).
  (p) Requirements Applicable to Section 101(a)(15)(U) Visas.--
          (1) Petitioning procedures for section 101(a)(15)(u) 
        visas.--The petition filed by an alien under section 
        101(a)(15)(U)(i) shall contain a certification from a 
        Federal, State, or local law enforcement official, 
        prosecutor, judge, or other Federal, State, or local 
        authority investigating criminal activity described in 
        section 101(a)(15)(U)(iii). This certification may also 
        be provided by an official of the Service whose ability 
        to provide such certification is not limited to 
        information concerning immigration violations. This 
        certification shall state that the alien ``has been 
        helpful, is being helpful, or is likely to be helpful'' 
        in the investigation or prosecution of criminal 
        activity described in section 101(a)(15)(U)(iii).
          (2) Numerical limitations.--
                  (A) The number of aliens who may be issued 
                visas or otherwise provided status as 
                nonimmigrants under section 101(a)(15)(U) in 
                any fiscal year shall not exceed 10,000.
                  (B) The numerical limitations in subparagraph 
                (A) shall only apply to principal aliens 
                described in section 101(a)(15)(U)(i), and not 
                to spouses, children, or, in the case of alien 
                children, the alien parents of such children.
          (3) Duties of the attorney general with respect to 
        ``u'' visa nonimmigrants.--With respect to nonimmigrant 
        aliens described in subsection (a)(15)(U)--
                  (A) the Attorney General and other government 
                officials, where appropriate, shall provide 
                those aliens with referrals to nongovernmental 
                organizations to advise the aliens regarding 
                their options while in the United States and 
                the resources available to them; and
                  (B) the Attorney General shall, during the 
                period those aliens are in lawful temporary 
                resident status under that subsection, provide 
                the aliens with employment authorization.
          (4) Credible evidence considered.--In acting on any 
        petition filed under this subsection, the consular 
        officer or the Attorney General, as appropriate, shall 
        consider any credible evidence relevant to the 
        petition.
          (5) Nonexclusive relief.--Nothing in this subsection 
        limits the ability of aliens who qualify for status 
        under section 101(a)(15)(U) to seek any other 
        immigration benefit or status for which the alien may 
        be eligible.
          (6) Duration of status.--The authorized period of 
        status of an alien as a nonimmigrant under section 
        101(a)(15)(U) shall be for a period of not more than 4 
        years, but shall be extended upon certification from a 
        Federal, State, or local law enforcement official, 
        prosecutor, judge, or other Federal, State, or local 
        authority investigating or prosecuting criminal 
        activity described in section 101(a)(15)(U)(iii) that 
        the alien's presence in the United States is required 
        to assist in the investigation or prosecution of such 
        criminal activity. The Secretary of Homeland Security 
        may extend, beyond the 4-year period authorized under 
        this section, the authorized period of status of an 
        alien as a nonimmigrant under section 101(a)(15)(U) if 
        the Secretary determines that an extension of such 
        period is warranted due to exceptional circumstances. 
        Such alien's nonimmigrant status shall be extended 
        beyond the 4-year period authorized under this section 
        if the alien is eligible for relief under section 
        245(m) and is unable to obtain such relief because 
        regulations have not been issued to implement such 
        section and shall be extended during the pendency of an 
        application for adjustment of status under section 
        245(m). The Secretary may grant work authorization to 
        any alien who has a pending, bona fide application for 
        nonimmigrant status under section 101(a)(15)(U).
          (7) Age determinations.--
                  (A) Children.--An unmarried alien who seeks 
                to accompany, or follow to join, a parent 
                granted status under section 101(a)(15)(U)(i), 
                and who was under 21 years of age on the date 
                on which such parent petitioned for such 
                status, shall continue to be classified as a 
                child for purposes of section 
                101(a)(15)(U)(ii), if the alien attains 21 
                years of age after such parent's petition was 
                filed but while it was pending.
                  (B) Principal aliens.--An alien described in 
                clause (i) of section 101(a)(15)(U) shall 
                continue to be treated as an alien described in 
                clause (ii)(I) of such section if the alien 
                attains 21 years of age after the alien's 
                application for status under such clause (i) is 
                filed but while it is pending.
  (q)(1) In the case of a nonimmigrant described in section 
101(a)(15)(V)--
          (A) the Attorney General shall authorize the alien to 
        engage in employment in the United States during the 
        period of authorized admission and shall provide the 
        alien with an ``employment authorized'' endorsement or 
        other appropriate document signifying authorization of 
        employment; and
          (B) the period of authorized admission as such a 
        nonimmigrant shall terminate 30 days after the date on 
        which any of the following is denied:
                  (i) The petition filed under section 204 to 
                accord the alien a status under section 
                203(a)(2)(A) (or, in the case of a child 
                granted nonimmigrant status based on 
                eligibility to receive a visa under section 
                203(d), the petition filed to accord the 
                child's parent a status under section 
                203(a)(2)(A)).
                  (ii) The alien's application for an immigrant 
                visa pursuant to the approval of such petition.
                  (iii) The alien's application for adjustment 
                of status under section 245 pursuant to the 
                approval of such petition.
  (2) In determining whether an alien is eligible to be 
admitted to the United States as a nonimmigrant under section 
101(a)(15)(V), the grounds for inadmissibility specified in 
section 212(a)(9)(B) shall not apply.
  (3) The status of an alien physically present in the United 
States may be adjusted by the Attorney General, in the 
discretion of the Attorney General and under such regulations 
as the Attorney General may prescribe, to that of a 
nonimmigrant under section 101(a)(15)(V), if the alien--
          (A) applies for such adjustment;
          (B) satisfies the requirements of such section; and
          (C) is eligible to be admitted to the United States, 
        except in determining such admissibility, the grounds 
        for inadmissibility specified in paragraphs (6)(A), 
        (7), and (9)(B) of section 212(a) shall not apply.
  (r)(1) A visa shall not be issued under the provisions of 
section 101(a)(15)(K)(ii) until the consular officer has 
received a petition filed in the United States by the spouse of 
the applying alien and approved by the Attorney General. The 
petition shall be in such form and contain such information as 
the Attorney General shall, by regulation, prescribe. Such 
information shall include information on any criminal 
convictions of the petitioner for any specified crime described 
in paragraph (5)(B) and information on any permanent protection 
or restraining order issued against the petitioner related to 
any specified crime described in subsection (5)(B)(i).
  (2) In the case of an alien seeking admission under section 
101(a)(15)(K)(ii) who concluded a marriage with a citizen of 
the United States outside the United States, the alien shall be 
considered inadmissible under section 212(a)(7)(B) if the alien 
is not at the time of application for admission in possession 
of a valid nonimmigrant visa issued by a consular officer in 
the foreign state in which the marriage was concluded.
  (3) In the case of a nonimmigrant described in section 
101(a)(15)(K)(ii), and any child of such a nonimmigrant who was 
admitted as accompanying, or following to join, such a 
nonimmigrant, the period of authorized admission shall 
terminate 30 days after the date on which any of the following 
is denied:
          (A) The petition filed under section 204 to accord 
        the principal alien status under section 
        201(b)(2)(A)(i).
          (B) The principal alien's application for an 
        immigrant visa pursuant to the approval of such 
        petition.
          (C) The principal alien's application for adjustment 
        of status under section 245 pursuant to the approval of 
        such petition.
  (4)(A) The Secretary of Homeland Security shall create a 
database for the purpose of tracking multiple visa petitions 
filed for fiance(e)s and spouses under clauses (i) and (ii) of 
section 101(a)(15)(K). Upon approval of a second visa petition 
under section 101(a)(15)(K) for a fiance(e) or spouse filed by 
the same United States citizen petitioner, the petitioner shall 
be notified by the Secretary that information concerning the 
petitioner has been entered into the multiple visa petition 
tracking database. All subsequent fiance(e) or spouse 
nonimmigrant visa petitions filed by that petitioner under such 
section shall be entered in the database.
  (B)(i) Once a petitioner has had two fiance(e) or spousal 
petitions approved under clause (i) or (ii) of section 
101(a)(15)(K), if a subsequent petition is filed under such 
section less than 10 years after the date the first visa 
petition was filed under such section, the Secretary of 
Homeland Security shall notify both the petitioner and 
beneficiary of any such subsequent petition about the number of 
previously approved fiance(e) or spousal petitions listed in 
the database.
  (ii) To notify the beneficiary as required by clause (i), the 
Secretary of Homeland Security shall provide such notice to the 
Secretary of State for inclusion in the mailing to the 
beneficiary described in section 833(a)(5)(A)(i) of the 
International Marriage Broker Regulation Act of 2005 (8 U.S.C. 
1375a(a)(5)(A)(i)).
  (5) In this subsection:
          (A) The terms ``domestic violence'', ``sexual 
        assault'', ``child abuse and neglect'', ``dating 
        violence'', ``elder abuse'', and ``stalking'' have the 
        meaning given such terms in section 3 of the Violence 
        Against Women and Department of Justice Reauthorization 
        Act of 2005.
          (B) The term ``specified crime'' means the following:
                  (i) Domestic violence, sexual assault, child 
                abuse and neglect, dating violence, elder 
                abuse, stalking, or an attempt to commit any 
                such crime.
                  (ii) Homicide, murder, manslaughter, rape, 
                abusive sexual contact, sexual exploitation, 
                incest, torture, trafficking, peonage, holding 
                hostage, involuntary servitude, slave trade, 
                kidnapping, abduction, unlawful criminal 
                restraint, false imprisonment, or an attempt to 
                commit any of the crimes described in this 
                clause.
                  (iii) At least three convictions for crimes 
                relating to a controlled substance or alcohol 
                not arising from a single act.

           *       *       *       *       *       *       *

                              ----------                              


                 CHINESE STUDENT PROTECTION ACT OF 1992



           *       *       *       *       *       *       *
SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN 
                    NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA.

  (a) In General.--Subject to subsection (c)(1), whenever an 
alien described in subsection (b) applies for adjustment of 
status under section 245 of the Immigration and Nationality Act 
during the application period (as defined in [subsection (e))] 
subsection (d)) the following rules shall apply with respect to 
such adjustment:
          (1) The alien shall be deemed to have had a petition 
        approved under section 204(a) of such Act for 
        classification under section 203(b)(3)(A)(i) of such 
        Act.
          (2) The application shall be considered without 
        regard to whether an immigrant visa number is 
        immediately available at the time the application is 
        filed.
          (3) In determining the alien's admissibility as an 
        immigrant, and the alien's eligibility for an immigrant 
        visa--
                  (A) paragraphs (5) and (7)(A) of section 
                212(a) and section 212(e) of such Act shall not 
                apply; and
                  (B) the Attorney General may waive any other 
                provision of section 212(a) (other than 
                paragraph (2)(C) and subparagraph (A), (B), 
                (C), or (E) of paragraph (3)) of such Act with 
                respect to such adjustment for humanitarian 
                purposes, for purposes of assuring family 
                unity, or if otherwise in the public interest.
          (4) The numerical level of section 202(a)(2) of such 
        Act shall not apply.
          (5) Section 245(c) of such Act shall not apply.
  (b) Aliens Covered.--For purposes of this section, an alien 
described in this subsection is an alien who--
          (1) is a national of the People's Republic of China 
        described in section 1 of Executive Order No. 12711 as 
        in effect on April 11, 1990;
          (2) has resided continuously in the United States 
        since April 11, 1990 (other than brief, casual, and 
        innocent absences); and
          (3) was not physically present in the People's 
        Republic of China for longer than 90 days after such 
        date and before the date of the enactment of this Act.
  (c) Condition; Dissemination of Information.--
          (1) Not applicable if safe return permitted.--
        Subsection (a) shall not apply to any alien if the 
        President has determined and certified to Congress, 
        before the first day of the application period, that 
        conditions in the People's Republic of China permit 
        aliens described in subsection (b)(1) to return to that 
        foreign state in safety.
          (2) Dissemination of information.--If the President 
        has not made the certification described in paragraph 
        (1) by the first day of the application period, the 
        Attorney General shall, subject to the availability of 
        appropriations, immediately broadly disseminate to 
        aliens described in subsection (b)(1) information 
        respecting the benefits available under this section. 
        To the extent practicable, the Attorney General shall 
        provide notice of these benefits to the last known 
        mailing address of each such alien.
  [(d) Offset in Per Country Numerical Level.--
          [(1) In general.--The numerical level under section 
        202(a)(2) of the Immigration and Nationality Act 
        applicable to natives of the People's Republic of China 
        in each applicable fiscal year (as defined in paragraph 
        (3)) shall be reduced by 1,000.
          [(2) Allotment if section 202(e) applies.--If section 
        202(e) of the Immigration and Nationality Act is 
        applied to the People's Republic of China in an 
        applicable fiscal year, in applying such section--
                  [(A) 300 immigrant visa numbers shall be 
                deemed to have been previously issued to 
                natives of that foreign state under section 
                203(b)(3)(A)(i) of such Act in that year, and
                  [(B) 700 immigrant visa numbers shall be 
                deemed to have been previously issued to 
                natives of that foreign state under section 
                203(b)(5) of such Act in that year.
          [(3) Applicable fiscal year.--
                  [(A) In general.--In this subsection, the 
                term ``applicable fiscal year'' means each 
                fiscal year during the period--
                          [(i) beginning with the fiscal year 
                        in which the application period begins; 
                        and
                          [(ii) ending with the first fiscal 
                        year by the end of which the cumulative 
                        number of aliens counted for all fiscal 
                        years under subparagraph (B) equals or 
                        exceeds the total number of aliens 
                        whose status has been adjusted under 
                        section 245 of the Immigration and 
                        Nationality Act pursuant to subsection 
                        (a).
                  [(B) Number counted each year.--The number 
                counted under this subparagraph for a fiscal 
                year (beginning during or after the application 
                period) is 1,000, plus the number (if any) by 
                which (i) the immigration level under section 
                202(a)(2) of the Immigration and Nationality 
                Act for the People's Republic of China in the 
                fiscal year (as reduced under this subsection), 
                exceeds (ii) the number of aliens who were 
                chargeable to such level in the year.
  [(e)] (d) Application Period Defined.--In this section, the 
term ``application period'' means the 12-month period beginning 
July 1, 1993.

               Compliance With Rule XIII, Clause 3(f)(1)

    Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of 
the House of Representatives, the Committee has inserted at the 
appropriate place in the report a description of the effects of 
provisions proposed in the accompanying bill which may be 
considered, under certain circumstances, to change the 
application of existing law, either directly or indirectly.
    The bill provides, in some instances, funding of agencies 
and activities where legislation has not yet been finalized. In 
addition, the bill carries language, in some instances, 
permitting activities not authorized by law. Additionally, the 
Committee includes a number of general provisions.

    TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND 
                               OVERSIGHT


            Office of the Secretary and Executive Management


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
executive management for operations and support, including 
funds for official reception and representation expenses.

                         Management Directorate


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing for funds for 
procurement, construction, and improvements.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development.

          Intelligence, Analysis, and Operations Coordination


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for the 
Office of Intelligence and Analysis and the Office of 
Operations Coordination, including funding for official 
reception and representation expenses, and provides two-year 
availability of funds for certain activities.

                      Office of Inspector General


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for the 
Office of Inspector General as well as certain confidential 
operational expenses, including the payment of informants.

                       Administrative Provisions

    Language regarding grants or contracts awarded by means 
other than full and open competition and requires the Inspector 
General to review them and report the results to the 
Committees.
    Language requiring the Secretary to link all contracts that 
provide award fees to successful acquisition outcomes.
    Language requiring the Secretary, in conjunction with the 
Secretary of Treasury, to notify the Committees of any proposed 
transfers from the Department of Treasury Forfeiture Fund to 
any agency at DHS.
    Language related to official costs of the Secretary and 
Deputy Secretary.
    Language requiring the Secretary to submit reports on visa 
overstay data and to post border security metrics on its 
website.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS


                   U.S. Customs and Border Protection


                         OPERATIONS AND SUPPORT

    The Committee includes language making funds available for 
operations and support, including funds for the transportation 
of unaccompanied minor aliens; air and marine assistance to 
other law enforcement agencies and humanitarian efforts; 
purchase or lease of vehicles; maintenance, and procurement of 
marine vessels, aircraft, and unmanned aircraft systems; 
contracting with individuals for personal services; Harbor 
Maintenance Fee collections; official reception and 
representation expenses; Customs User Fee collections; payment 
of rental space in connection with preclearance operations; and 
compensation of informants. The Committee provides two-year 
availability of funds for certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements, to include 
procurements to buy, maintain, or operate aircraft and unmanned 
aircraft systems.

                U.S. Immigration and Customs Enforcement


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses, overseas vetted units, and the 
operation and maintenance necessary to sustain the daily 
effectiveness of equipment and facilities. The Committee 
includes language making funds available for special 
operations; compensation to informants; the reimbursement of 
other federal agencies for certain costs; the purchase or lease 
of vehicles; maintenance, minor construction, and minor 
improvements of owned and leased facilities; the enforcement of 
child labor laws; and paid apprenticeships for the Human 
Exploitation Rescue Operations Corps. The Committee provides 
two-year availability of funds for certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, renovation, and improvements.

                 Transportation Security Administration


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses, and establishes conditions under 
which security fees are collected and credited.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development.

                              Coast Guard


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for the 
operations and support of the Coast Guard, including funds for 
official reception and representation expenses; passenger motor 
vehicles; small boats; repairs and service life-replacements; 
purchase, lease, or improvement of other equipment; special pay 
allowances; recreation and welfare; and defense-related 
activities.The Committee includes language authorizing funds to 
be derived from the Oil Spill Liability Trust Fund.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for the 
procurement, construction, and improvements, including of aids 
to navigation, shore facilities, vessels, and aircraft. The 
Committee includes language authorizing funds to be derived 
from the Oil Spill Liability Trust Fund.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development, and for maintenance, rehabilitation, 
lease, and operation of related facilities and equipment. The 
Committee includes language authorizing funds to be derived 
from the Oil Spill Liability Trust Fund, and authorizing funds 
received from state and local governments, other public 
authorities, private sources, and foreign countries to be 
credited to this account and used for certain purposes.

                ENVIRONMENTAL COMPLIANCE AND RESTORATION

    The Committee includes language providing funds for 
environmental compliance and restoration of Coast Guard 
properties.

                              RETIRED PAY

    The Committee includes language providing funds for retired 
pay and medical care for the Coast Guard's retired personnel 
and their dependents and makes these funds available until 
expended.

                      United States Secret Service


                         OPERATIONS AND SUPPORT

    The Committee includes language that provides funds for 
operations and support, to include funds for the purchase and 
replacement of vehicles; hire of passenger motor vehicles and 
aircraft; purchase of motorcycles; rental of certain buildings; 
improvements to buildings as may be necessary for protective 
missions; firearms matches; presentation of awards; behavioral 
research; advance payment for commercial accommodations; per 
diem and subsistence allowances; official reception and 
representation expenses; grant activities related to missing 
and exploited children investigations; and technical assistance 
and equipment provided to foreign law enforcement 
organizations. The Committee provides for two-year availability 
of funds for certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development.

                       Administrative Provisions

    Language regarding overtime compensation.
    Language allowing CBP to sustain or increase operations in 
Puerto Rico.
    Language regarding the availability of COBRA fee revenue.
    Language allowing CBP access to certain reimbursements for 
preclearance activities.
    Language regarding the importation of prescription drugs by 
an individual for personal use.
    Language regarding waivers of the Jones Act.
    Language prohibiting funds from being used by DHS to 
approve, license, facilitate, authorize, or allow the 
trafficking or import of property confiscated by the Cuban 
Government.
    Language allowing the Secretary to reprogram funds within 
and transfer funds to ``U.S. Immigration and Customs 
Enforcement--Operations and Support'' to ensure the detention 
of aliens prioritized for removal.
    Language prohibiting the use of funds provided under the 
heading ``U.S. Immigration and Customs Enforcement--Operations 
and Support'' for the 287(g) program if the terms of the 
agreement governing the delegation of authority have been 
materially violated.
    Language prohibiting the use of funds provided under the 
heading ``U.S. Immigration and Customs Enforcement--Operations 
and Support'' to contract for detention services if a facility 
receives less than ``adequate'' ratings in two consecutive 
performance evaluations.
    Language clarifying that certain elected and appointed 
officials are not exempt from federal passenger and baggage 
screening.
    Language directing the deployment of explosives detection 
systems based on risk and other factors.
    Language authorizing TSA to use funds from the Aviation 
Security Capital Fund for the procurement and installation of 
explosives detection systems or for other purposes authorized 
by law.
    Language prohibiting funds made available by this Act under 
the heading ``Coast Guard-Operations and Support'' for 
recreational vessel expenses, except to the extent fees are 
collected from owners of yachts and credited to this 
appropriation.
    Language allowing up to $10,000,000 to be reprogrammed to 
or from Military Pay and Allowances within ``Coast Guard--
Operations and Support''.
    Language directing the Coast Guard to submit a future-years 
capital investment plan.
    Language allowing the Secret Service to obligate funds in 
anticipation of reimbursement for personnel receiving training.
    Language prohibiting funds made available to the Secret 
Service for the protection of the head of a federal agency 
other than the Secretary of Homeland Security, except when the 
Director has entered into a reimbursable agreement for such 
protection services.
    Language allowing the reprogramming of funds within 
``United States Secret Service--Operations and Support''.
    Language allowing for funds made available for ``United 
States Secret Service--Operations and Support'' to be available 
for travel of employees on protective missions without regard 
to limitations on such expenditures in this or any other Act 
after notification to the Committees on Appropriation.
    Language directing the submission of an expenditure plan 
for funds within ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements,'' and prohibiting 
the obligation of funds without prior approval of the plan from 
the Committees on Appropriations of the Senate and the House of 
Representatives.
    Language providing an additional $1,000,000 to ``Coast 
Guard--Operations and Support''.

      TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY


              National Protection and Programs Directorate


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses. The Committee provides for two-
year availability of funds for certain activities.

                       FEDERAL PROTECTIVE SERVICE

    The Committee includes language making funds available 
until expended for the operations of the Federal Protective 
Service.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development.

                  Federal Emergency Management Agency


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements.

                           FEDERAL ASSISTANCE

    The Committee includes language providing funds for grants, 
contracts, cooperative agreements, and other activities, 
including for terrorism prevention; public transportation and 
railroad security; port security; firefighter assistance; 
emergency management; predisaster mitigation; flood hazard 
mapping and risk analysis; emergency food and shelter; 
education, training, exercises, and technical assistance; and 
other programs.

                          DISASTER RELIEF FUND

    The Committee includes language making funds available 
until expended for the Disaster Relief Fund.

                     NATIONAL FLOOD INSURANCE FUND

    The Committee includes language making funds available for 
mission support associated with flood management and programs 
and activities under the National Flood Insurance Fund, 
including flood plain management and flood mapping. The 
Committee includes provisions making funds available for 
interest on Treasury borrowings and limiting amounts available 
for operating expenses, commissions and taxes of agents, and 
flood mitigation activities associated with the National Flood 
Insurance Act of 1968. The Committee includes language 
permitting additional fees collected to be credited as an 
offsetting collection and available for floodplain management; 
providing that not to exceed four percent of the total 
appropriation is available for administrative cost; and making 
funds available for the Flood Insurance Advocate.

                       Administrative Provisions

    Language limiting expenses for administration of grants.
    Language specifying timeframes for grant applications and 
awards.
    Language requiring five day advance notification for 
certain grant awards under ``FEMA--Federal Assistance''.
    Language providing the availability of certain grant funds 
for the installation of communications towers.
    Language requiring the submission of the monthly Disaster 
Relief Fund report.
    Language permitting waivers from requirements of section 34 
of the Federal Fire Prevention and Control Act of 1974.
    Language providing for the receipt and expenditure of fees 
collected for the Radiological Emergency Preparedness Program, 
as authorized by Public Law 105-276.
    Language prohibiting the denial of continued rental 
assistance to an individual or a household on the basis of 
income.

        TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES


               U.S. Citizenship and Immigration Services


                         OPERATIONS AND SUPPORT

    The Committee includes language making funds available for 
operations and support for the E-Verify program.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language making funds available for 
the E-Verify program for procurement, construction, and 
improvements.

                Federal Law Enforcement Training Centers


                         OPERATIONS AND SUPPORT

    The Committee includes language making funds available for 
operations and support, including for official reception and 
representation expenses and purchase of police-type pursuit 
vehicles. The Committee provides two-year availability of funds 
for certain activities.

                   Science and Technology Directorate


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including the purchase or lease of 
vehicles and official reception and representation expenses. 
The Committee provides two-year availability of funds for 
certain activities.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development.

             Countering Weapons of Mass Destruction Office


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including official reception and 
representation expenses.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development.

                           FEDERAL ASSISTANCE

    The Committee includes language providing funds for federal 
assistance through grants, contracts, cooperative agreements, 
and other activities.

                       Administrative Provisions

    Language allowing USCIS to acquire, operate, equip, and 
dispose of up to five vehicles under certain scenarios.
    Language prohibiting USCIS from granting immigration 
benefits unless the results of background checks are completed 
prior to the granting of the benefit and the results do not 
preclude the granting of the benefit.
    Language limiting the use of A-76 competitions by USCIS.
    Language making immigration examination fee collections 
explicitly available for immigrant integration grants, not to 
exceed $10,000,000, in fiscal year 2019.
    Language authorizing FLETC to distribute funds for incurred 
training expenses. Language directing the FLETC Accreditation 
Board to lead the federal law enforcement training 
accreditation process to measure and assess federal law 
enforcement training programs, facilities, and instructors.
    Language establishing a ``Federal Law Enforcement Training 
Centers--Procurement, Construction, and Improvements'' account 
for fiscal year 2019, and allowing for the acceptance of 
transfers from other government agencies into this account.
    Language classifying FLETC instructor staff as inherently 
governmental for certain considerations.
    Language allowing for the sale of federal property and 
assets on Plum Island, New York, in a manner consistent with 
standard federal asset disposition.

                      TITLE V--GENERAL PROVISIONS

    Language limiting the availability of appropriations to one 
year unless otherwise expressly provided.
    Language that unexpended balances of prior year 
appropriations may be merged with new appropriation accounts 
and used for the same purpose, subject to reprogramming 
guidelines.
    Language limiting authority to reprogram funds within an 
appropriation above a specified threshold unless the Department 
provides notification to the Committees on Appropriations of 
the Senate and the House of Representatives at least 15 days in 
advance; and providing authority to transfer not more than 5 
percent between appropriations accounts, with a requirement for 
a 30-day advance notification. A detailed funding table 
identifying each congressional control level for reprogramming 
purposes is included at the end of this report.
    Language prohibiting funds appropriated or otherwise made 
available to the Department to make payment to the Working 
Capital Fund (WCF), except for activities and amounts allowed 
in the President's fiscal year 2019 budget request. Funds 
provided to the WCF are available until expended. The 
Department can only charge components for direct usage of the 
WCF and these funds may be used only for the purposes 
consistent with the WCF uses of the contributing component. Any 
funds paid in advance or for reimbursement must reflect the 
full cost of each service. The Department shall submit a 
notification prior to adding a new activity to the fund or 
eliminating an existing activity from the fund. For activities 
added to the fund, such notifications shall detail the source 
of funds by PPA. In addition, the Department shall submit 
quarterly WCF execution reports to the Committees that include 
activity-level detail.
    Language providing that not to exceed 50 percent of 
unobligated balances from prior year appropriations for each 
Operations and Support appropriation shall remain available 
through fiscal year 2020, subject to section 503 reprogramming 
requirements.
    Language that deems intelligence activities to be 
specifically authorized during fiscal year 2019 until the 
enactment of an Act authorizing intelligence activities for 
fiscal year 2019.
    Language requiring notification to the Committees at least 
three days before DHS executes or announces grant allocations; 
grant awards; contract awards, including contracts covered by 
the Federal Acquisition Regulation; other transaction 
agreements; letters of intent; a task or delivery order on 
multiple award contracts totaling $1,000,000 or more; a task or 
delivery order greater than $10,000,000 from multi-year funds; 
or sole-source grant awards. Notifications shall include a 
description of projects or activities to be funded and their 
location, including city, county, and state.
    Language prohibiting all agencies from purchasing, 
constructing, or leasing additional facilities for federal law 
enforcement training without advance notification to the 
Committees.
    Language prohibiting the use of funds for any construction, 
repair, alteration, or acquisition project for which a 
prospectus, if required under chapter 33 of title 40, United 
States Code, has not been approved.
    Language that consolidates by reference prior-year 
statutory provisions related to a contracting officer's 
technical representative training; sensitive security 
information; and the use of funds in conformance with section 
303 of the Energy Policy Act of 1992.
    Language prohibiting the use of funds in contravention of 
the Buy American Act.
    Language prohibiting the use of funds to amend the oath of 
allegiance required by section 337 of the Immigration and 
Nationality Act.
    Language prohibiting DHS from using funds to carry out 
reorganization authority.
    Language prohibiting funds for planning, testing, piloting, 
or developing a national identification card.
    Language directing that any official required by this Act 
to report or certify to the Committees on Appropriations may 
not delegate such authority unless expressly authorized to do 
so in this Act.
    Language prohibiting the use of funds for the transfer or 
release of individuals detained at United States Naval Station, 
Guantanamo Bay, Cuba, into or within the United States.
    Language prohibiting funds in this Act to be used for 
first-class travel.
    Language prohibiting the use of funds to employ illegal 
workers as described in Section 274A(h)(3) of the Immigration 
and Nationality Act.
    Language prohibiting funds appropriated or otherwise made 
available by this Act to pay for award or incentive fees for 
contractors with below satisfactory performance or performance 
that fails to meet the basic requirements of the contract.
    Language prohibiting the use of funds to enter into a 
federal contract unless the contract meets requirements of the 
Federal Property and Administrative Services Act of 1949 or 
chapter 137 of title 10 U.S.C., and the Federal Acquisition 
Regulation, unless the contract is otherwise authorized by 
statute without regard to this section.
    Language requiring DHS computer systems to block electronic 
access to pornography, except for law enforcement purposes.
    Language regarding the transfer of firearms by federal law 
enforcement personnel.
    Language regarding funding restrictions and reporting 
requirements related to conferences occurring outside of the 
United States.
    Language prohibiting funds to reimburse any federal 
department or agency for its participation in a National 
Special Security Event.
    Language requiring a notification, including justification 
materials, prior to implementing any structural pay reform that 
affects more than 100 full-time positions or costs more than 
$5,000,000.
    Language directing the Department to post on a public 
website reports required by the Committees on Appropriations 
unless public posting compromises homeland or national security 
or contains proprietary information.
    Language authorizing minor procurement, construction, and 
improvements under Operations and Support appropriations.
    Language related to the Arms Trade Treaty.
    Language to authorize DHS to fund, out of existing 
discretionary appropriations, the expenses of primary and 
secondary schooling of eligible dependents in areas and 
territories that meet certain criteria.
    Language providing an additional $41,000,000 for ``Federal 
Emergency Management Agency--Federal Assistance'' to reimburse 
extraordinary law enforcement personnel overtime costs for 
protection activities directly and demonstrably associated with 
a residence of the President that is designated for protection.
    Language permitting Members of Congress access to detention 
facilities for oversight purposes.
    Language prohibiting the detention or removal of Deferred 
Action for Childhood Arrivals participants who also serve or 
served in the U.S. Armed Forces.
    Language prohibiting funds to be used to pay for or 
facilitate an abortion for individuals in ICE custody except in 
certain circumstances.
    Language amends the Stafford Act (42 U.S.C. 4174) to 
increase access for rental assistance following declared 
national disasters.
    Language extending disaster unemployment assistance by one 
year for disaster declarations for hurricanes Maria and Irma.
    Language amending the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)(ii)(a)) to extend eligibility to 
agricultural work without regard to the seasonality of the 
labor.
    Language restoring a two-year ``look back'' within the H-2B 
seasonal guest worker visa program; exempting a certain number 
of return workers from the overall cap; and establishing a 
system to allow a proportional number of visas for businesses 
when there is a higher demand for visas than the total number 
authorized.
    Language prohibiting funding to deny certain Native 
American tribal members the right to cross the U.S.-Canada 
border.
    Language providing flexibility under the FEMA public 
assistance statute of limitations.
    Language removing per-country limits for employment-based 
immigrants; and increasing the per-country numerical limitation 
for family based immigrants.
    Language transferring $95,000,000 for the procurement 
activities for a twelfth National Security Cutter from prior 
year ``Science and Technology Directorate--Research and 
Development'' unobligated balances.
    Language prohibiting the use of funds to release certain 
criminal alien detainees from federal custody.
    Language prohibiting the implementation of USCIS Policy 
Memo 602-0162 and the memorandum from the Principal Legal 
Advisor on Litigating Domestic Violence-Based Persecution 
Claims Following Matter of A-B.
    Language prohibiting the use of funds to use restraints on 
pregnant detainees in DHS custody except in certain 
circumstances.
    Language prohibiting the use of funds for the destruction 
of records related to the sexual abuse or assault of detainees 
in custody.
    Language prohibiting the use of funds for the removal of 
noncitizens who are DACA recipients.
    Language specifying the amount by which new budget 
authority in the bill is less than the fiscal year 2019 budget 
allocation.

                  APPROPRIATIONS NOT AUTHORIZED BY LAW

    Pursuant to clause 3(f)(1) of rule XIII of the House of 
Representatives, the following table lists the appropriations 
in the accompanying bill that are not authorized by law:


                   COMPARISON WITH BUDGET RESOLUTION

    Section 308(a)(1)(A) of the Congressional Budget Act 
requires the report accompanying a bill providing new budget 
authority to contain a statement comparing the levels in the 
bill to the suballocations submitted under section 302(b) of 
the Act for the most recently agreed to concurrent resolution 
on the budget for the applicable fiscal year. That information 
is provided in the table headed ``Comparison of Reported Bill 
to Section 302(b) Suballocation.''

                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                  302(b) allocation             This bill
                                                             ---------------------------------------------------
                                                                 Budget                    Budget
                                                               Authority     Outlays     Authority     Outlays
----------------------------------------------------------------------------------------------------------------
General Purpose Discretionary...............................       58,087       59,384       58,095    \1\59,406
Mandatory...................................................        1,740        1,736        1,740        1,736
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.

                      FIVE YEAR OUTLAY PROJECTIONS

    In compliance with section 308(a)(1)(B) of the 
Congressional Budget Act of 1974 (Public Law 93-344), as 
amended, the following table contains five-year projections 
associated with the budget authority provided in the 
accompanying bill:

 
                                                             Millions
 
Budget Authority:
Outlays:
    2019................................................      \1\$31,896
    2020................................................           9,967
    2021................................................           7,631
    2022................................................           2,629
    2023 and future years...............................           5,515
 
\1\Excludes outlays from prior-year budget authority.

               ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

    In accordance with section 308(a)(1)(C) of the 
Congressional Budget Act of 1974 (Public Law 93-344), as 
amended, the financial assistance to State and local 
governments is as follows:

 
                                                             Millions
 
Budget Authority........................................          $6,939
Fiscal Year 2019 outlays resulting therefrom............          \1\613
 
\1\Excludes outlays from prior-year budget authority.

                          PROGRAM DUPLICATION

    No provision of this bill establishes or reauthorizes a 
program of the Federal Government know to be duplicative of 
another federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
identified in the most recent Catalog of Federal Domestic 
Assistance.

                          DIRECTED RULE MAKING

    Neither the bill nor report contain any provision that 
specifically directs the promulgation or completion of a rule.

                    DETAILED EXPLANATIONS IN REPORT

    The following table contains detailed funding 
recommendations at the program, project, and activity (PPA) 
level.



                             MINORITY VIEWS

    The allocation for the fiscal year 2019 Homeland Security 
Appropriations bill is $51,435,000,000, an increase of 
$3,712,000,000 above fiscal year 2018. This 7.8 percent 
increase--on top of a 12.5 percent increase for fiscal year 
2018--contrasts with flat funding in other Non-Defense 
appropriations bills. Such a large relative increase for the 
Homeland bill is particularly unjustified when considering how 
the entirety of the increase has been allocated.

                           FUNDING PRIORITIES

    The bill addresses several bipartisan and Democratic 
priorities, including increases for the State Homeland Security 
Grant Program and the Urban Areas Security Initiative, along 
with level funding for other first responder and anti-terrorism 
grants. It also provides an increase for the Office for Civil 
Rights and Civil Liberties, including a targeted increase for 
continued oversight of immigration enforcement and DHS 
partnerships with state and local law enforcement agencies. In 
addition, the bill continues the Cybersecurity Internship 
Program; provides additional funding for Immigration and 
Customs Enforcement (ICE) investigations into child 
exploitation; supports new health screening services for 
unaccompanied minors; re-establishes the Family Case Management 
Program; and restores funding for Research and Development at 
the Science and Technology Directorate, including funding for 
the University Centers of Excellence at the fiscal year 2018 
level.

                        IMMIGRATION ENFORCEMENT

    While there is much in this bill that Democrats can 
support, the good is outweighed by the harm that would result 
from the bill's support for an average daily population (ADP) 
in ICE detention of 44,000, an increase of 3,480 from the 
current year and 10,000 above fiscal year 2016. The bill would 
also support the hiring of 304 additional Enforcement and 
Removal officers at ICE focused primarily on furthering the 
Trump Administration's overly aggressive interior enforcement 
strategy.
    The Administration has claimed that its more aggressive 
enforcement approach in the interior of the United States is 
critically important to the national security and public safety 
of the country. While there is certainly no disagreement that 
we should be removing dangerous individuals, ICE is targeting 
the parents of unaccompanied children who cross the southern 
border to seek asylum. It is targeting people who have lived, 
worked, and paid taxes in this country for years, or even 
decades with no criminal infractions.
    ICE arrests of non-criminals increased by 147 percent in 
fiscal year 2017 compared to the prior year, and made up 26 
percent of all arrests. These arrests are not required for 
national security or public safety, and have tragic 
consequences for individuals, families, and communities all 
over this country. Law enforcement officials continue to tell 
us that people are afraid to report serious crimes, including 
acts of domestic violence, and are less willing to come forward 
as witnesses to crimes because they fear being arrested by ICE. 
Teachers continue to tell us that their students, often 
regardless of immigration status, are afraid to go to school or 
leave their homes to play for fear their parents will be gone 
when they return. The trauma being inflicted on entire 
communities throughout our country cannot be overstated. 
Representatives Barbara Lee and Jose Serrano offered an 
amendment to prohibit ICE and Customs and Border Protection 
(CBP) from detaining people at sensitive locations, including 
schools and churches. The amendment was rejected by all 
Committee Republicans, allowing federal immigration officials 
to jeopardize the relationships of local law enforcement 
agencies with immigrant communities.
    Given that being in this country illegally is a civil 
violation, why would we choose to fund such excessive 
immigration enforcement over activities to combat real 
terrorist and criminal threats? Comprehensive immigration 
reform--combining strong enforcement with a path to legal 
status for many who are already living in the United States--is 
the only solution to this problem. For years, however, the 
Majority has blocked bipartisan efforts to fix it.
    We have a moral, as well as legal, responsibility when it 
comes to immigration enforcement. Just as other law enforcement 
agencies have discretion, ICE too can utilize discretion to 
enforce our immigration laws fairly and justly. Existing 
resources, used wisely, are sufficient for addressing the 
threat posed by criminal aliens who are truly dangerous.
    Unfortunately, the Committee majority rejected an amendment 
by Representative David Price that would have prohibited ICE 
from following Trump Administration guidance that has almost 
entirely limited the use of such discretion, with significant 
costs to taxpayers and immigrant communities. The majority also 
rejected an amendment to reduce ICE's ADP for fiscal year 2019 
to the current year level, which would have helped constrain 
the more indiscriminate enforcement practices ICE has followed 
under the current administration.

                         BORDER INFRASTRUCTURE

    Another major area of great concern is the $4,873,696,000 
in the bill for new border infrastructure, compared to a budget 
request of only $1,600,000,000. There is no evidence that the 
benefits of such infrastructure come close to justifying the 
expense, which ranges between $25 and $32 million per mile, a 
cost that does not even take into account future year 
maintenance requirements.
    One reason given to justify this exorbitant cost is that 
the border fencing is needed to stop the flow of dangerous, 
illegal drugs, including opioids that are plaguing our 
communities and burdening our healthcare system. However, the 
vast majority of hard drugs come across our border at the ports 
of entry, not between the ports where fencing would be 
constructed.
    While we note that the bill does make smart investments in 
port of entry inspection technology, we should be doing much 
more in lieu of border fencing, and there are also other more 
urgent priorities--in this bill and others--in which we should 
be investing taxpayer dollars.

                          CONCEDING THE ARCTIC

    Missing entirely from the Committee-reported bill is the 
$750,000,000 proposed by the Coast Guard for acquisition of the 
first new heavy icebreaker since the Polar Sea was commissioned 
in 1978, forty years ago.
    The Navy has delegated to the Coast Guard the primary 
responsibility for defending our national security interests in 
the Arctic. To effectively fulfill that responsibility, the 
Coast Guard must have heavy icebreakers capable of being armed 
with advanced weaponry. In fact, a 2017 report from the 
National Academies of Science recommended that the Coast Guard 
procure at least four heavy icebreakers. We cannot afford any 
further delay.
    The Russian icebreaker fleet consists of more than 27 
icebreakers, four of which are heavy, with additional 
icebreakers under construction. China, which is thousands of 
nautical miles away from the Arctic, has three icebreakers. The 
United States currently has a seagoing icebreaker fleet of 
merely two functioning vessels, only one of which is a heavy 
icebreaker capable of operating in deep ice.
    That ship, the Polar Star, is 42 years old, which is well 
past its 30-year expected operational life. It is not reliable 
and the cost to maintain it continues to rise. Currently, its 
primary mission is clearing a path through the ice to our 
research facilities in Antarctica. As a result, the United 
States has little to no presence in the Arctic for months at a 
time. The Polar Star is expected to function for only three to 
seven years more, after which the United States would be 
without any heavy icebreaking capability.
    By some estimates the Arctic holds 20 percent of the 
Earth's natural resources. Access to the polar region is vital 
to the United States national security, search and rescue 
capability, economic interests, environmental stewardship 
responsibilities, and maritime mobility requirements. If 
Congress fails to appropriate the Coast Guard's requested 
funding for fiscal year 2019, it will be unable to award a 
contract for shipbuilding, as planned, during the coming year 
and the procurement schedule will be significantly delayed. 
Making matters even worse, industry partners that may want to 
bid on a contract to construct new icebreakers may 
understandably begin to question the commitment of the federal 
government, and as a result may either refrain from bidding or 
build the cost of that additional risk into their bids.
    An amendment offered by Subcommittee Ranking Member Lucille 
Roybal-Allard to provide the Coast Guard's fiscal year 2019 
request for a heavy icebreaker was rejected by the Majority. 
The ostensible reason for this rejection was that the offset 
would have reduced funding for new border fencing from 
$4,873,696,000 to $4,123,696, which would have translated into 
30 fewer miles of fencing.

                        UNMET FUNDING PRIORITIES

    Instead of unjustified investments in border infrastructure 
and the expansion of overly aggressive immigration enforcement, 
we should invest more of our limited resources in cyber 
security, human trafficking investigations, and a range of 
Coast Guard vessels and aircraft, as our current drug 
interdiction efforts intercept only a fraction of the drugs 
that are being trafficked in the Caribbean Sea and Eastern 
Pacific Ocean. We should invest even more in new customs 
officers and research and technology and should restore funding 
for TSA's Law Enforcement Officer Reimbursement Program and 
Visible Intermodal Prevention and Response teams.

                       PROTECTING THE VULNERABLE

    It is unfortunate that the Majority rejected a number of 
Democratic amendments designed to protect vulnerable 
immigrants, including an amendment to prohibit the detention of 
pregnant women, except under extraordinary circumstances; an 
amendment by Representative Debbie Wasserman Schultz to 
prohibit the detention of children by ICE for more than 20 
days; and an amendment by Committee Ranking Member Nita Lowey 
and Representative David Price that would have prevented the 
removal of individuals from countries with current Temporary 
Protected Status designations that the Administration has 
announced it will not further renew.
    However, we were pleased that the Committee adopted an 
amendment offered by Representative David Price to reverse the 
recent decision by the Attorney General to significantly narrow 
the criteria under which individuals and families can make 
asylum claims. We were also heartened by the adoption of two 
amendments by Representative Pete Aguilar to prohibit ICE from 
removing Deferred Action for Childhood Arrivals (DACA) 
participants, in light of reports that some individuals with 
DACA, including those who have served in the military, have 
already been removed from the country. These amendments simply 
ensure that ICE is following the administration's stated policy 
that DACA participants in good standing will not be removed.
    However, this is no substitute for providing Dreamers with 
permanent legal status and a clear path to citizenship. The 
Speaker should bring the bipartisan Uniting and Securing 
America Act to the House floor for consideration without 
further delay.

                               CONCLUSION

    We want to extend our appreciation for the efforts of the 
subcommittee Chairman and his staff to work collaboratively 
with the minority throughout the development of this bill, 
including the incorporation of many minority language requests 
into the Committee report. Even in the midst of significant 
differences on several funding priorities and policy 
directions, the subcommittee continues to provide important 
oversight of the Department's activities while ensuring that 
its more than 240,000 personnel have the resources they need to 
successfully carry out the Department's important missions.
                                   Nita M. Lowey.
                                   Lucille Roybal-Allard.