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116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-180
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2020
_______
July 24, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Ms. Roybal-Allard of California, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 3931]
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, 2020.
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
13
Operations and Support..................... 2
13
Procurement, Construction, and Improvements 3
15
Research and Development...................
Federal Protective Service................. 3
15
Intelligence, Analysis, and Operations Coordination 3
16
Operations and Support..................... 3
16
Office of Inspector General........................ 4
16
Operations and Support..................... 4
16
Administrative Provisions.......................... 4
17
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection................. 9
17
Operations and Support..................... 9
17
Procurement, Construction, and Improvements 11
29
U.S. Immigration and Customs Enforcement........... 11
29
Operations and Support..................... 11
30
Procurement, Construction, and Improvements 12
37
Transportation Security Administration............. 12
38
Operations and Support..................... 12
38
Procurement, Construction, and Improvements 13
39
Research and Development................... 13
40
Coast Guard........................................ 14
40
Operations and Support..................... 14
41
Procurement, Construction, and Improvements 15
42
Research and Development................... 15
44
Health Care Fund Contribution..............
44
Retired Pay................................ 16
44
United States Secret Service....................... 16
45
Operations and Support..................... 16
45
Procurement, Construction, and Improvements 17
46
Research and Development................... 18
46
Administrative Provisions.......................... 18
46
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency... 39
49
Operations and Support..................... 39
49
Procurement, Construction, and Improvements 39
53
Research and Development................... 39
53
Federal Emergency Management Agency................ 40
54
Operations and Support..................... 40
54
Procurement, Construction, and Improvements 40
55
Federal Assistance......................... 40
55
Disaster Relief Fund....................... 43
58
National Flood Insurance Fund.............. 44
60
Administrative Provisions.......................... 46
60
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services.......... 50
60
Operations and Support..................... 50
61
Federal Assistance......................... 51
63
Federal Law Enforcement Training Centers........... 51
63
Operations and Support..................... 51
64
Procurement, Construction, and Improvements 51
64
Science and Technology Directorate................. 51
64
Operations and Support..................... 51
65
Research and Development................... 52
65
Countering Weapons of Mass Destruction Office...... 52
68
Operations and Support..................... 52
69
Procurement, Construction, and Improvements 52
69
Research and Development................... 52
69
Federal Assistance......................... 53
69
Administrative Provisions.......................... 53
69
TITLE V--GENERAL PROVISIONS
This Act...........................................
70
Compliance with House Rules................
73
Tables..................................... 00
104
Minority Views
138
Overview
The Committee recommendation includes $63,811,000,000 in
total discretionary appropriations for the Department of
Homeland Security, including $49,736,000,000 within the bill's
302(b) budget allocation and $14,075,000,000 as a budget cap
adjustment for major disaster response and recovery activities.
The total is an increase of $2,236,000,000 above the fiscal
year 2019 funding level and $1,945,618,000 below the
President's budget request.
There is a strong bipartisan consensus on the importance of
homeland security, even if the focus in recent years has often
been on funding and policy disagreements related to border
security and immigration enforcement. In fact, the vast
majority of funding and policy priorities funded in this bill
are relatively uncontroversial, including those related to the
Federal Emergency Management Agency, the Cybersecurity and
Infrastructure Security Agency (CISA), the United States Secret
Service, the Coast Guard, the Transportation Security
Administration, criminal investigations conducted by U.S.
Immigration and Customs Enforcement (ICE), and the activities
of the Office of Field Operations of U.S. Customs and Border
Protection (CBP). On issues that are more controversial, such
as the best way to secure the border between the ports of entry
and immigration enforcement in the interior of the United
States, this bill takes a balanced, responsible, and informed
approach.
Investments in this bill are intended to balance competing
priorities across the Department's important missions, all of
which are critical to the security of the country. The bill
continues important investments to recapitalize the Coast Guard
air and sea fleets, including continued support for the Polar
Security Cutter program; increases hiring for Secret Service
agents and Uniformed Division officers to reduce mandatory
overtime and begin to prepare for the 2020 Presidential
Campaign; and expedites the procurement of more effective
imaging technology for the Transportation Security
Administration.
Further, the bill sustains prior year increases for
Homeland Security Investigations at ICE, including funding for
agents, support staff, and investigations analysts dedicated to
drug, trade, and financial services investigations; continues
to expand ICE's alternatives to detention programs; funds at
least two detention facility inspections per year at ICE's
over-72 hours facilities; provides targeted increases for
FEMA's major preparedness and response grant programs; and
recommends increased resources for CISA to better protect
federal civilian cyber networks and better help state and local
governments and the private sector secure both cyber and
physical infrastructure, including elections infrastructure.
The bill recommends significant new CBP resources for
procuring and deploying new technologies to improve situational
awareness at the border, and to hire over 1,800 new CBP
positions, to include 1,200 new CBP officers, 240 new
agriculture specialists, and other mission support personnel.
No funding is provided in the bill for new physical
barriers along the southwest border. Early last year, as part
of a Border Security Improvement Plan (BSIP), the Border Patrol
provided the Committee with a priority list indicating where it
believed additional barriers and replacement barriers would
help deter illegal entry across the border, based on recent
apprehension data and an assessment of ``vanishing time'', or
the length of time it takes for a border crosser to reach a
road or populated area and disappear into the interior of the
United States.
While the Border Patrol prioritization is one piece of the
puzzle, it provides insufficient analysis on whether other
approaches, particularly the use of cutting-edge border
security technology, might help achieve similar outcomes at a
much lower cost in many areas. It also does not reflect the
current reality of ``apprehensions'' at the border, with many
migrants crossing to voluntarily turn themselves in to Border
Patrol agents.
Section 231 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141)
required the Secretary to submit 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. While the Department
delivered an updated BSIP on December 21, 2018, that plan did
not address the specific elements required by section 231.
Without such a comprehensive analysis, Congress lacks essential
information for determining how best to invest scarce taxpayer
dollars.
On February 15, 2019, the Department of the Treasury
notified Congress of a plan to use its Strategic Support
authority to allocate up to $601,000,000 of Treasury Forfeiture
Fund (TFF) resources for the construction of barriers along the
southern land border. In the past, TFF funds have been made
available to the Department of Homeland Security and other
federal agencies for critical materiel and operational support
for law enforcement investigations, such as computer forensic
equipment, Title III wiretap intercepts, counterfeit forensics,
and the Electronic Crimes Task Forces. In fact, the
Administration had previously stated its intent to use TFF
funds available in fiscal year 2019 to support additional money
laundering/terrorism financing investigations, including
information technology investments to support analyses of large
data caches and crimes involving cryptocurrency.
Not only was the decision to use Strategic Support
authority for border infrastructure unprecedented, it also
represents an abandonment of established processes for
determining the use of those resources and a deliberate
circumvention of congressional appropriations authority. The
negative impact of this decision on the readiness levels of
federal law enforcement agencies appears to have been an
afterthought, if it was even seriously considered at all. In
response to this clear abrogation of Congress's decision in
Public Law 116-6 to limit fiscal year 2019 funding for border
barriers, the bill correspondingly rescinds $601,000,000 in
prior year funding from CBP's Procurement, Construction, and
Improvements account.
It is unfortunate that the rhetoric that began during the
last presidential campaign has made progress on this policy
question so challenging: border infrastructure is appropriate
in some places, but is simply not a panacea for ending illegal
border entries. Physical barriers have been placed along 654
miles of the southwest border, a total that will expand by an
estimated 80 miles based on funding appropriated for that
purpose in fiscal years 2018 and 2019. Additional information
and analysis is required before the Congress appropriates
billions of dollars for not only the construction, but also the
ongoing maintenance, of additional miles of border barriers.
There are also significant concerns about the negative
impacts of physical barriers on border communities and border
area ecology. While the Secretary may have the authority to
issue waivers to the requirements of environmental, natural
resource, and land management laws to expedite construction of
funded border barriers, that authority does not obviate the
need to provide Congress with an analysis of such impacts as
part of the justification for new barriers prior to funds being
appropriated.
Since fiscal year 2017, the Administration has routinely
exceeded appropriated funding levels for the detention of
single adults. During periods of continuing funding
resolutions, the Office of Management and Budget has used a
``life and safety'' exception to apportion funds to ICE well
above the daily rate corresponding to the prior year
appropriation, resulting in a chronic ``ratcheting up'' of the
average daily population (ADP) in detention.
Even after the enactment of full-year appropriations, ICE
has routinely ignored congressional intent by exceeding its
funded ADP, requiring funding transfers from other departmental
components in fiscal year 2018 to prevent it from going anti-
deficient. In fiscal year 2019, ICE has again failed to live
within its means, an outcome that can only be partially
explained by an increase in single adults apprehended by CBP at
the southern land border.
Congress provides transfer authority in the Department's
annual funding bill to give it flexibility in responding to
unforeseen events and circumstances, not to routinely augment
appropriated funding levels. The Administration's increasing
defiance of congressional intent, as expressed in appropriated
funding levels, cannot continue.
During fiscal year 2018, the annual ADP associated with
single adults arrested by ICE in the interior of the country
reached a high of 22,953, including an ADP of 23,674 in
February of that year. That compares to an average ADP for
single adults between fiscal year 2013 and fiscal year 2016 of
just over 17,000 for single adults arrested in the interior, a
period during which the prior administration was effectively
prioritizing its enforcement activities.
The Committee recommendation includes funding to support an
overall ADP for single adults of 34,000 during fiscal year
2020, equivalent to the ADP funded by Congress between fiscal
years 2012 and 2017. This total includes an ADP of 17,000 for
single adults arrested in the interior and 17,000 for single
adults transferred to ICE custody by CBP; no transfer authority
is provided that would allow ICE to exceed this ADP. Because
the number of single adults transferred from CBP custody is not
within ICE control, however, a contingency mechanism is
included in the bill to give ICE access to additional funds in
response to a significant increase in the volume of single
adults so transferred. This approach is intended to reclaim the
authority of Congress to determine funding levels for
immigration detention, while also providing flexibility to the
Department to manage circumstances beyond its control.
Summary
Title I contains funds for departmental management and
oversight activities, biometric identification services, and
law enforcement and protective security services at federally
owned, leased, or operated facilities. 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 notification requirements, transfer
authority, reporting requirements, and funding limitations.
Account level funding details at the program, project, and
activity levels are included in the back of this report.
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 Department of Homeland Security (DHS) components;
formulate policy guidance and directives; disseminate
intelligence; identify and track performance measurements
relating to DHS missions; and provide oversight for all DHS
operations.
Office of the Secretary and Executive Management
The Office of the Secretary and Executive Management (OSEM)
plans and executes departmental strategies to accomplish agency
objectives and provides policy guidance to departmental
components.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2019....................... $141,381,000
Budget request, fiscal year 2020...................... 141,310,000
Recommended in the bill............................... 174,916,000
Bill compared with:
Appropriation, fiscal year 2019..................... +33,535,000
Budget request, fiscal year 2020.................... +33,606,000
The recommendation includes $1,873,000 above the request to
support the annualization of the 2019 pay raise and $2,318,000
to fund a 2020 pay raise of 3.1 percent. In addition, the bill
includes increases above the request totaling $4,928,000 to
maintain current services as follows: $145,000 for the Office
of the Secretary; $52,000 for the Office of Public Affairs;
$54,000 for the Office of Legislative Affairs; $1,371,000 for
the Privacy Office; $2,472,000 for the Office of Strategy,
Policy, and Plans; $310,000 for the Office of Civil Rights and
Civil Liberties (CRCL); $410,000 for the Office of the
Citizenship and Immigration Services Ombudsman; and $114,000
for the Office of Partnership and Engagement.
In addition, the Committee provides an enhancement of
$4,487,000 for CRCL and realigns $2,804,000 from the Office of
Partnerships and Engagement (OPE) to the Office of Strategy,
Policy, and Plans to support the Office for Targeted Violence
and Terrorism Prevention. An additional $20,000,000 above the
request is recommended to establish a new Office of Immigration
Detention Ombudsman (OIDO).
Blue Campaign.--The recommendation includes $1,600,000 for
Blue Campaign personnel, as requested. A department-wide
initiative to combat human trafficking, the Blue Campaign, has
historically been funded through end-of-year contributions from
components, an approach that is inappropriate for the program's
long-term sustainment. In addition to continued personnel
funding, DHS is directed to account for and propose full,
direct funding for program operations in the justification
materials that accompany future budget submissions.
The Committee recognizes the importance of Blue Campaign
work with non-profit organizations, including those of airline
personnel, to identify and report human trafficking. The
Committee directs OPE to explore whether airline personnel
could be better prepared to identify and protect human
trafficking victims through in-person training in lieu of or in
addition to the current on-line training. In addition, OPE
should determine whether training efforts for airline personnel
could be expanded to include the identification of individuals
at risk for forced marriage abroad. Not later than 90 days
after the date of enactment of this Act, OPE shall update the
Committee on the results of its findings.
Counter-Drug Operations.--The Committee directs the
Department to provide a report, not later than 180 days after
the date of enactment of this Act, on its counter-drug
operations and efforts to address operational needs in the
transit zone and throughout the Caribbean basin, specifically
in and around Puerto Rico and the U.S. Virgin Islands.
CRCL Compliance Division.--Increases above the request for
CRCL are for the Compliance Division to expand its activities
related to immigration enforcement and detention. 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.
Customer Service.--The Committee directs all DHS components
to develop standards to improve customer service in accordance
with Executive Order 13571, Streamlining Service Delivery and
Improving Customer Service, and to incorporate those standards
into the performance plans required under 31 U.S.C. 1115. The
Committee directs the Department to provide an update on plans
for implementing this requirement not later than 90 days after
the date of enactment of this Act.
Deportation Priorities.--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.
Domestic Sourcing.--The Committee supports efforts to
ensure that uniforms and personal protective equipment procured
by the Department or its components are manufactured
domestically from domestic materials, and encourages the
Department to continue evaluating procurement strategies,
consistent with all applicable laws and regulations, to
increase the domestic percentage of such uniforms and equipment
it sources. Within 90 days of the date of enactment of this
Act, the Office of the Chief Procurement Officer is directed to
provide a report on the percentage of uniforms and equipment
that the Department currently procures domestically and the
results of its assessment of how this percentage could be
increased.
Family Separation.--Over the last several months, the
Committee has repeatedly requested information from the
Department on its policies and processes for determining when
U.S. Customs and Border Protection (CBP) personnel will
separate individuals who present as family units. To date, DHS
has failed to provide the requested information on the criteria
used for such separations and the related guidance issued to
field personnel. Additionally, DHS has failed to provide
information on how it defines a family for purposes of
separation decisions; the level of criminality that may serve
as the basis for separating a child from an adult; and whether
its definition of a ``fraudulent family'' includes individuals
who are genetically or legally related but are not considered a
family under U.S. law. DHS has also stated that smugglers are
pairing some children with unrelated adults multiple times, but
has provided no documentation. This lack of responsiveness and
transparency is concerning and violates a long-held tradition
of comity between the Department and the Committee. The
Committee directs DHS to provide the requested information
without further delay.
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 directs DHS to determine how many families
separated on or after December 1, 2016, were not reported to
the court in Ms. L. v. Immigration and Customs Enforcement but
were described in a January 17, 2019, report by the Office of
the Inspector General (OIG) of the Department of Health and
Human Services (HHS) (OEI-BL-18-00511); share with HHS the
names, alien numbers, and other identifying information for
each member of each such family; and the reason for, date of,
and location of the separation. DHS is directed to work with
HHS to determine, to the greatest extent possible, the current
location of each separated adult and child and the contact
information for the adult and child.
Within 90 days of the date of enactment this Act, the
Department shall publish on its public website information on
its efforts to address the challenges documented in the
September 2018 DHS OIG special report (OIG-18-84) and the
January 2019 HHS OIG report on family separations. Such
information should describe procedures the Department has
implemented to ensure that separations by CBP are appropriately
reported to ICE and the HHS Office of Refugee Resettlement
(ORR); CBP and ICE processes to track separations in
coordination with ORR; and additional resources needed to fully
address these requirements. CBP shall ensure that each instance
of the separation of a child from a parent or guardian is
documented and the rationale is shared with ORR, along with the
location and contact information for each family member.
The Committee further directs DHS to publish on its public
website the following data, delineated by sector and updated
biannually:
(1) The number of separations of a child from an adult
resulting from:
(a) a determination that an adult is not a child's
parent;
(b) a determination that an adult is not a child's
legal guardian;
(c) a well-founded suspicion or knowledge that the
adult is engaged in human trafficking;
(d) a well-founded suspicion or knowledge that the
adult poses a threat to the child due to the adult's
criminal history;
(e) a well-founded suspicion or knowledge that the
adult otherwise poses a danger to the child;
(f) the prosecution of the adult under 8 U.S.C. 1325
or 1326; and
(g) any other category for the separation of a child
from an adult.
(2) the number of adults removed from the United States
without a child who was separated from them by DHS;
(3) the number of children removed from the United States
without an adult who was separated from them by DHS;
(4) the number of children separated by DHS that were
removed with an adult that had been separated from them;
(5) the number of families being detained together in ICE
custody; and
(6) the number of separated children referred to ORR.
For any families separated by CBP personnel, CBP is
directed to document in each family member's file the location
of and specific justification for separation, as well as the
names and other identifying information of each separated
family unit and the relationship of the separated family
members. In addition, ICE is directed to ensure that
individuals transferred from CBP custody, in ICE custody, or
under ICE supervision are asked about and have opportunities to
report family separation incidents and to verify the status,
location, and disposition of family members, and to regularly
communicate with one another.
Firearm Ballistics Data.--The Committee is aware that the
collection and sharing of ballistics data through the National
Integrated Ballistic Information Network (NIBIN) operated by
the Bureau of Alcohol, Tobacco, Firearms, and Explosives has
been instrumental in helping to solve gun-related crimes across
law enforcement jurisdictions around the country. The Committee
encourages the Secretary to assess the feasibility of DHS
participation in NIBIN, with appropriate safeguards for
ensuring that entering such data does not compromise ongoing
gun crime investigations.
FOIA Backlog Reduction Plan.--The Committee directs the
Secretary to provide, within 90 days of the date of enactment
of this Act, a plan to eliminate the department-wide backlog of
Freedom of Information Act (FOIA) requests by the end of fiscal
year 2022. The plan shall detail how the Department and each of
its components will address challenges contributing to
backlogs, such as decentralized operations, inadequate
technology, or staffing. Within 120 days of the date of
enactment of this Act, the Privacy Office shall brief the
Committee on the plan, including the resource requirements for
implementing it.
Hemostatic Agents.--The Committee is aware that Department
of Defense use of hemostatic agents has helped reduce bleeding
from combat injuries and encourages DHS to assess the costs and
benefits of equipping DHS law enforcement vehicles with
hemostatic dressings based on the civilian standards and
recommendations of the Committee for Tactical Emergency
Casualty Care.
Immigration Case Processing.--The Committee is aware that
the Department is working with DOJ to develop a common,
interoperable, and automated immigration case processing system
for DHS and DOJ components with immigration responsibilities.
The Committee directs the Office of Policy to provide an update
on the implementation plan for this system within 90 days of
the date of enactment of this Act.
Immigration Data Integration Initiative.--The Committee
recommends $2,120,000 above the request to maintain level
funding for the Immigration Data Integration Initiative, which
is focused on enabling the Department to provide timely
reporting of border security and immigration enforcement data.
Such data is important for informing component operations and
also for supporting departmental and congressional 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 Committee.
Joint Requirements Council.--The Committee directs the
Department to continue providing quarterly briefings on Joint
Requirements Council activities.
Mass Transit and Rail System Vulnerabilities.--The
Committee is concerned with the security vulnerabilities of our
nation's mass transit and passenger rail systems, and strongly
encourages DHS to explore ways to better utilize its laboratory
facilities to rapidly research, develop, prototype, and deploy
cutting-edge counterterrorism technologies to close
counterterrorism gaps in such systems.
Migrant Protection Protocols Program.--On January 24, 2019,
the Secretary announced the implementation of the Migrant
Protection Protocols (MPP) program, through which certain
migrants would be returned to Mexico during the pendency of
their U.S. immigration court proceedings. After several delays,
the Department provided a limited briefing on the program to
the Committee on March 7, 2019, but failed to provide follow-up
information requested during that briefing. After multiple
requests, CBP finally provided more detailed information on May
30, 2019, shortly before the Subcommittee was scheduled to
consider the fiscal year 2020 funding bill for the Department.
Such delays in responding to Committee requests for information
are unacceptable and impair the Committee's constitutionally-
derived role to provide oversight of the Executive Branch.
Based on the information provided, the Committee continues
to have concerns that MPP was implemented by the Administration
with little forethought given to due process for returned
individuals. For instance, those returned have inadequate
access to legal counsel in the United States; face limited
availability of shelter and security in Mexico; and are not
adequately advised of their rights and responsibilities. In
addition, CBP has not effectively defined who should be
considered a member of a ``vulnerable population'' not amenable
to placement in MPP; nor effectively worked with the DOJ
Executive Office of Immigration Review to ensure that the cases
of migrants placed in MPP will be adjudicated in a timely
manner. The bill includes a new title II administrative
provision to address such concerns.
New Technology.--The Committee directs the Government
Accountability Office (GAO) to assess the Department's efforts
to develop and implement new border security technology in a
manner that ensures accuracy and sufficiently protects the
privacy interests of those impacted by such technology. Among
other factors, GAO shall consider the extent to which DHS has
processes and procedures in place designed to ensure that, as
appropriate:
1. a system of due process exists whereby individuals
can submit complaints, correct erroneous information,
and receive redress for privacy and other
infringements;
2. the technology will be sufficiently accurate to
mitigate the risk of privacy violations or other
adverse impacts on mistakenly-identified individuals,
or security resources being diverted;
3. DHS can demonstrate the accuracy, operational
effectiveness, and suitability of the technology;
4. effective controls are in place to ensure the
technology is deployed and implemented in a cost-
effective manner that minimizes the impact on
populations and locations outside the intended area
where the technology is deployed;
5. sufficient operational safeguards are in place to
reduce opportunities for abuse;
6. security measures are in place that reflect best
practices for protecting data from unauthorized access;
7. DHS adopts policies establishing effective
oversight of the use and operation of the technology;
8. DHS complies with existing privacy laws, including
by conducting the appropriate internal assessments and
undertaking necessary rulemakings;
9. DHS takes appropriate action to consult with
residents and other populations in locations impacted
by the technology and takes action to address their
concerns; and
10. DHS adopts policies to minimize data collection,
ensure prompt purging of information, and prevents
dissemination and use by other agencies, as
appropriate.
GAO is directed to report its findings to the Committees on
Appropriations of the Senate and House of Representatives
within one year of enactment of this Act and to keep the
Committees apprised of its progress and any interim findings
during the course of its assessment.
Office of the Immigration Detention Ombudsman.--The
Committee is concerned that despite several reviews, audits,
and investigations revealing substandard care and conditions at
the Department's short- and long-term civil detention
facilities, little progress has been made. In response, an
administrative provision is included that establishes an
independent Immigration Detention Ombudsman position
responsible for addressing issues that arise in these
facilities. This position will report directly to the Secretary
and will have direct access to all detention facilities and to
all detainees and their files. The recommendation includes
$20,000,000 above the request to establish and operate a new
office to support these functions. Not later than 60 days after
the date of enactment of this Act, the Secretary shall brief
the Committee on a plan and schedule for establishing the
Ombudsman position and the new Office.
Operation Secure Line.--The Committee is concerned about a
reported initiative, Operation Secure Line, under which the
Department maintains a database of journalists, immigration
attorneys, and immigration rights activists, including U.S.
legal residents and citizens, who are covering or otherwise
affiliated with migrants participating in so-called ``migrant
caravans.'' Within 90 days of the date of enactment of this
Act, DHS shall brief the Committee on its information
collection and immigration inspection policies and practices
related to such individuals; the total number of individuals
whom the Department is tracking under such policies and
practices, and the justification for such tracking; and the
legal authorities on which the Department is relying for these
activities.
Public Complaint and Feedback System.--OPE 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.
Smuggling Investigations.--The Committee is concerned with
reports that transnational criminal organizations may combine
narcotics and humans in illicit smuggling attempts, further
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-
airconditioned space.
State Crime Labs.--The Department should continue providing
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 state crime labs for services they provide. The
Committee notes that the Department's partnerships with crime
labs are particularly important in border states.
Targeted Violence and Terrorism Prevention.--The Committee
directs the Office of Strategy, Policy, and Plans 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 for
Targeted Violence and Terrorism Prevention, including its
efforts to broaden the Department's focus on countering
domestic extremism, terrorist radicalization, and recruitment.
The briefing should include a description of the Department's
efforts or planned efforts to address the threats identified in
Joint Intelligence Bulletin IA-0154-17.
Translation Services.--The Committee directs DHS to
provide, within 120 days of the date of enactment of this Act,
a plan for ensuring access to appropriate translation services
for all individuals encountered by CBP, ICE, and U.S.
Citizenship and Immigration Services (USCIS), including an
estimate of related resource requirements, and the feasibility
and potential benefit of these components jointly procuring
such services.
Management Directorate
Appropriation, fiscal year 2019....................... $1,262,302,000
Budget request, fiscal year 2020...................... 1,557,288,000
Recommended in the bill............................... 1,575,906,000
Bill compared with:
Appropriation, fiscal year 2019..................... +313,604,000
Budget request, fiscal year 2020.................... +18,618,000
Mission
The mission of the Management Directorate is to provide
policy, guidance, operational oversight and support, biometric
identification services and management solutions for the
Department and to provide law enforcement and protective
security services at federally owned, leased, or operated
facilities.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2019....................... $1,083,837,000
Budget request, fiscal year 2020...................... 1,175,990,000
Recommended in the bill............................... 1,194,608,000
Bill compared with:
Appropriation, fiscal year 2019..................... +110,771,000
Budget request, fiscal year 2020.................... +18,618,000
The recommendation includes $6,317,000 above the request to
support the annualization of the 2019 pay raise; $7,728,000 to
fund a 2020 pay raise; and $4,573,000 to maintain current
services.
Advertising Services.--The Committee directs the Department
to include, as part of all future budget justifications, the
total amount obligated for advertising service contracts for
the prior fiscal year and a target amount for the current year
and the budget year, including delineations of such total
amounts obligated to socially and economically disadvantaged
small business concerns, as defined in section 8(a)(4) of the
Small Business Act (15 U.S.C. 637(a)(4)), and to women-owned
and minority-owned businesses.
Cybersecurity Workforce.--The Committee is concerned that
the DHS cybersecurity workforce lacks adequate participation by
minorities and underrepresented communities. To increase the
diversity of the cybersecurity candidate pool, the Committee
directs the Department to partner with minority-serving
institutions that award degrees in areas such as information
technology, computer science, and engineering to increase the
number of cybersecurity interns that are prepared to enter the
cyber workforce, and to update the Committee on its efforts not
later than 120 days after the date of enactment of this Act.
Interoperable Communications.--The Committee remains
concerned about progress in closing interoperable
communications gaps among DHS components, and urges the
Department to explore how it could leverage existing
interoperable communications platforms through partnerships
with local, state, and other federal agencies.
Obligation Plans.--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.
Performance Measures.--The Committee directs all agencies
funded by this Act to comply with requirements in title 31 of
the United States Code related to the development of
organizational priority goals and outcomes such as performance
outcome measures, output measures, efficiency measures, and
customer service measures.
Shooting Ranges.--The Committee reminds DHS of the
directive in House Report 116-9 to assess options for expanding
the availability of shooting ranges across departmental
components, and looks forward to receiving information on the
results of that assessment.
Summary Ratings.--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.
Traveler Identity Verification.--The Committee is aware
that the Transportation Security Administration (TSA) is
partnering with CBP to test CBP's Traveler Verification System
(TVS) in the TSA operational environment. Within 60 days of the
date of enactment of this Act, TSA, CBP, and the Office of
Biometric Identity Management (OBIM) shall jointly brief the
Committee on the status of that testing and the potential for
TVS to serve as an enterprise level solution for biometric
identification of travelers. The briefing should also address
how CBP, TSA, and the TVS program protect the privacy of
travelers.
Unified Headquarters in South Texas.--The Committee reminds
DHS of the directive in House Report 116-9 to assess the
feasibility of establishing a unified headquarters for CBP and
ICE operational components in the South Texas region, and looks
forward to receiving information on the results of that
assessment.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2019....................... $175,920,000
Budget request, fiscal year 2020...................... 381,298,000
Recommended in the bill............................... 381,298,000
Bill compared with:
Appropriation, fiscal year 2019..................... +205,378,000
Budget request, fiscal year 2020.................... - - -
The recommendation includes the requested amounts, as
follows: $223,767,000 for phase two construction of a
headquarters facility for the Cybersecurity and Infrastructure
Security Agency; $3,800,000 for Planning, Programming,
Budgeting, and Execution (PPBE) One Number; $116,359,000 for
financial systems modernization; $10,353,000 for the Human
Resources Information Technology program; $3,272,000 for the
DHS Data Framework; $8,250,000 for DHS One Net; and $15,497,000
for the Homeland Advanced Recognition Technology program.
Headquarters Consolidation.--The Committee directs the
Department to provide an updated headquarters consolidation
plan not later than 30 days after the date of enactment of this
Act.
FEDERAL PROTECTIVE SERVICE
Appropriation, fiscal year 2019....................... $1,527,110,000
Budget request, fiscal year 2020...................... 1,559,930,000
Recommended in the bill............................... 1,559,930,000
Bill compared with:
Appropriation, fiscal year 2019..................... +32,820,000
Budget request, fiscal year 2020.................... - - -
Mission
The Federal Protective Service (FPS) delivers law
enforcement and protective security services to federally
owned, leased, or operated facilities.
The Committee recommends $1,559,930,000 for the FPS, the
same as the amount requested, which is fully offset by fees
collected from FPS customer agencies.
Public Law 115-278 authorized the reorganization of the
National Protection and Programs Directorate into the
Cybersecurity and Infrastructure Security Agency (CISA).
Pursuant to the authority provided to the Secretary by Section
3(b)(1) of that Act, the Acting Secretary made the decision to
realign the FPS within the Department's Management Directorate
as a direct report to the Under Secretary for Management. The
Committee is concerned that this organizational placement could
create a conflict of interest between the oversight roles
prescribed for the Under Secretary under title VII of the
Homeland Security Act of 2002 (6 U.S.C. 341) and the
responsibilities for executing FPS operations. The Committee
notes that a January 2019 GAO report (GAO-19-122) recommended
steps DHS should take to determine FPS's organizational
placement. It is the Committee's understanding that the
Department will soon be reporting to GAO on how the Acting
Secretary arrived at his reorganization decision, including the
criteria he considered. The Committee directs GAO to report on
its assessment of how the Department acted on GAO's
recommendations.
Intelligence, Analysis, and Operations Coordination
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 2019....................... $253,253,000
Budget request, fiscal year 2020...................... 276,641,000
Recommended in the bill............................... 276,641,000
Bill compared with:
Appropriation, fiscal year 2019..................... +23,388,000
Budget request, fiscal year 2020.................... - - -
The Committee directs the Office of Intelligence and
Analysis to work with DOJ to distribute a joint intelligence
bulletin updating IA-0154-17.
Office of Inspector General
Mission
The DHS Office of Inspector General (OIG) conducts and
supervises independent audits, investigations, and inspections
of DHS programs, projects, and activities; identifies fraud,
abuse, mismanagement, and inefficiencies in the use of funds;
and makes recommendations for improving the execution of DHS
missions.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2019....................... $168,000,000
Budget request, fiscal year 2020...................... 170,186,000
Recommended in the bill............................... 195,242,000
Bill compared with:
Appropriation, fiscal year 2019..................... +27,242,000
Budget request, fiscal year 2020.................... +25,056,000
The recommendation includes $2,870,000 for 2020 pay raise
and $22,186,000 above the request for increased monitoring and
oversight of border security and immigration enforcement
activities, including unannounced inspections of ICE and CBP
detention facilities; the 287(g) and Secure Communities
programs; the use of border search authority to search
electronic devices; enhanced vetting, including supplemental
visa questions and social media vetting/monitoring;
adjudication of immigration benefit applications, including any
delays or denials disproportionately impacting a particular
applicant category; ICE and CBP enforcement activities at or
near sensitive locations; metering of asylum seekers at land
ports of entry; Operation Streamline; and the Criminal Alien
Program.
FEMA Alternative Procedures.--Within 60 days of the date of
enactment of this Act, the OIG shall brief the Committee on a
plan to update the report required in section 5189f(h) of title
42, United States Code, related to FEMA's Alternative
Procedures program for Public Assistance.
Treatment of Detainees.--The Committee directs the OIG to
assess CBP and ICE policies and practices for meeting the
religious or medical dietary restriction requirements of CBP
and ICE detainees.
287(g) Program.--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.
Unannounced Inspections.--The OIG shall continue
unannounced inspections of immigration detention facilities and
publish the results of such inspections and other reports
related to custody operations activities on its public website.
Title I--Administrative Provisions--This Act
Section 101. The Committee continues a provision requiring
the Department to submit a report to the Inspector General
regarding grants or contracts awarded by means other than full
and open competition, and requires the Inspector General to
review such grants or contracts 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 a provision requiring
the Secretary to notify the Committees of any proposed transfer
of funds from the Department of Treasury Forfeiture Fund to any
agency at DHS, and modifies it to prohibit the use of such
funds for border security infrastructure.
Section 104. The Committee continues a provision related to
official costs of the Secretary and Deputy Secretary.
Section 105. The Committee includes a new provision
establishing an Immigration Detention Ombudsman.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
Appropriation, fiscal year 2019....................... $14,959,548,000
Budget request, fiscal year 2020...................... 18,191,683,000
Recommended in the bill............................... 13,868,897,000
Bill compared with:
Appropriation, fiscal year 2019..................... -1,090,651,000
Budget request, fiscal year 2020.................... -4,322,786,000
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 and facilitate the flow of legitimate
trade and travel.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2019....................... $12,179,729,000
Budget request, fiscal year 2020...................... 12,513,492,000
Recommended in the bill............................... 13,114,935,000
Bill compared with:
Appropriation, fiscal year 2019..................... +935,206,000
Budget request, fiscal year 2020.................... +601,443,000
The recommendation includes $42,796,000 above the request
to support the annualization of the 2019 pay raise and
$191,345,000 to fund a 2020 pay raise of 3.1 percent.
Additionally, the recommendation includes increases above
the request for the following: $157,400,000 to fill a gap
created by the assumed availability of Electronic System for
Travel Authorization (ESTA) fees; $25,000,000 for innovative
technology; $2,000,000 for Enterprise Geospatial Improvement
Services; $2,000,000 for rescue beacons for a total of
$4,000,000; $40,500,000 for a unified immigration portal and
for data analytics; $1,000,000 for Carizzo cane control;
$10,000,000 for 200 Border Patrol operational support
positions; $91,616,000 for 1,200 CBP Officers; $12,221,000 for
120 Enterprise Services mission support personnel; $8,729,000
for 86 Office of Field Operations operational support
positions; $29,852,000 for 240 agriculture specialists;
$20,000,000 for port of entry (POE) technology; $10,000,000 for
trade enforcement enhancements; $30,000,000 for Air and Marine
Operations (AMO) increased flight hours, to include contract
personnel; $21,000,000 for incident driven video recording
systems; $57,052,000 for critical life and safety facility
enhancements; and $15,000,000 for border patrol roads. The
recommendation provides no funding for additional Border Patrol
Agents.
Acoustic Hailing Devices.--The Committee directs CBP to
provide a briefing, not later than 90 days after the date of
enactment of this Act, on its operational evaluation of
acoustic hailing equipment, including pilot and demonstration
projects in the Imperial Beach and Calexico Border Patrol
station areas of operations.
Brand USA.--The President's budget request for fiscal year
2020 assumed $157,400,000 in revenue collections would be
available to CBP through the redirection of the 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 the Committee. The Committee
recognizes the economic value in the promotion of international
travel and tourism by Brand USA to cities and states across the
country and encourages CBP to work with the Congress to
reauthorize the program.
Border Barrier Mitigation Activities.--The Committee is
concerned about the impacts of border barrier construction on
sensitive lands and wildlife along the southwest land border,
including impacts on national wildlife refuges, national
forests, national monuments, wilderness areas, and imperiled
species. The waiver of impact review mechanisms, such as those
normally required under the National Environmental Policy Act
and the Endangered Species Act, means that neither the Congress
nor the public is fully informed on the full scope and cost of
such impacts. The Committee directs the Department to work with
the Departments of the Interior, Agriculture, and Defense to
provide a report, within 180 days of the date of enactment of
this Act, that: 1) assesses the impacts of border barrier
construction on sensitive lands, habitat, and wildlife; 2)
identifies strategies to mitigate such impacts, including land
acquisitions for national wildlife refuges and other federal
public land units; and 3) provides estimates of the cost to
implement such strategies.
Electronic Device Searches.--Given the recent increase in
the number of border device searches, the Committee directs CBP
to publish data on its public website detailing the number of
instances during secondary inspections in which POE personnel:
(1) accessed the digital contents of any electronic
equipment, delineated by the nationality and initial
country of departure for the arriving individual in
possession of such equipment;
(2) accessed the digital contents of an online
account, including social media handles and cloud-based
accounts;
(3) requested consent to access the digital contents
of any electronic equipment belonging to or in the
possession of a United States person, delineated by
whether permission was granted;
(4) requested a United States person to consensually
disclose an access credential that would enable access
to the digital contents of electronic equipment of such
person, delineated by whether the credential was so
disclosed; or
(5) detained an individual for refusing to disclose
or provide consent to access the digital contents of
any electronic equipment belonging to them or in their
possession, delineated by whether the individual was a
United States person, and the length of time the
individual was detained.
In addition, CBP is directed to publish aggregate data on
the race and ethnicity of individuals subject to secondary
inspection for purposes of accessing digital content. The data
required under this heading should be published semi-annually
beginning within 120 days of the date of enactment of this Act.
High-speed Pursuit.--Due to concerns over the fatalities
caused by Border Patrol high speed pursuits, the Committee
directs CBP to provide a briefing on the following: current
policy on CBP vehicle pursuit standards; how the policy differs
from Department of Justice policy; how CBP justifies pursuits;
does CBP consider whether the potential offense in justifying
the pursuit is a misdemeanor or a nonviolent felony; the number
of high speed pursuits over the last three years; the number of
convictions resulting from the pursuits (to include type of
convictions); the number of crashes resulting from a pursuit;
and the number of migrants injured or killed during a pursuit.
Incident-Driven Video Recording System.--The Committee
provides $21,000,000 for the Incident-Driven Video Recording
System to deploy to 22 Border Patrol Stations and six POEs. Not
later than 90 days after the date of enactment of this Act, CBP
shall brief the Committee on the execution plan for the effort,
to include an implementation schedule. The Committee expects
CBP to require the use of body cameras, or other cameras as
appropriate, for officers and agents in interactions with the
public and, in consultation with the Office for Civil Rights
and Civil Liberties and the Privacy Office, to finalize a DHS-
wide policy for protecting the privacy of both personnel and
the public in the context of such camera use.
Innovative Technology.--The Committee recommends a total of
$55,000,000 for innovation technologies, to include $20,000,000
within Operations and Support (O&S) and $35,000,000 under
Procurement, Construction, and Improvements (PC&I). These funds
should be used to deliver innovative and disruptive commercial
technology solutions to front-line personnel. CBP is encouraged
to review such technologies as countermeasures for unmanned
aerial vehicles, remote sensing technology, high altitude
persistence drones, and innovative tower technologies. CBP is
directed to update the Committee on the planned obligation of
funds at least 15 days prior to any obligation.
Migrant Care.--The explanatory statement accompanying
Public Law 116-6 directed CBP to brief the Committees on
progress in establishing permanent plans, standards, and
protocols to protect the health, safety, and wellbeing of
migrants in its custody. The Committee looks forward to
receiving that briefing, which is now overdue. In addition, CBP
shall continue to update the Committee quarterly on progress
made in finalizing and implementing such plans, protocols, and
standards, which should be in compliance with the relevant
recommendations in the Policy Statement of the American Academy
of Pediatrics entitled, ``Detention of Immigrant Children''.
Migrants-Child Welfare Professionals.--With the funds
provided in this Act and prior Acts, the Committee directs the
Department to hire or otherwise obtain the services of child
welfare professionals with culturally competent, trauma-
centered, and developmentally appropriate interviewing skills
to provide child welfare expertise and screening services on a
full-time basis at each land POE or Border Patrol station along
the southern land border. Not later than 60 days after the date
of enactment of this Act, CBP shall provide an execution plan
for hiring child welfare professionals to include how the
personnel will be deployed in the field.
Migrants-Consumables.--With the funds provided for
consumables in this and prior funding Acts, CBP shall maintain
a sufficient supply of sleeping mats, toothbrushes, toothpaste,
feminine hygiene products, other personal hygiene supplies, and
diapers for CBP holding facilities, and make each available
upon request. CBP shall also ensure that showers are available
to individuals held in custody for longer than 48 hours.
Migrants-Deaths.--Within 180 days after the date of
enactment of this Act, DHS shall submit a report addressing the
following for the prior fiscal year:
(1) for each discovery of migrant remains, whether by
CBP personnel or other individuals or organizations,
within 100 miles of the southern land border of the
U.S. during the reporting period--
(A) the location of discovery;
(B) the entity that made the discovery or
whether a private individual made the
discovery;
(C) the cause and manner of death, if
determinable; and
(D) the sex, age at time of death, and
country of origin, if determinable;
(2) a detailed explanation of CBP efforts to
coordinate with local elected officials, law
enforcement agencies, medical examiners and coroners,
universities, nongovernmental organizations,
landowners, and other members of the public to
identify, count, and map the locations of all migrant
remains discovered during the reporting period;
(3) an assessment of CBP protocols for responding to
different methods of reporting migrants in distress,
including 911 calls and verbal reports by other
migrants;
(4) an assessment of cellphone coverage in areas
where migrant remains are frequently discovered; and
(5) A detailed description of CBP programs or plans
to reduce the number of migrant deaths.
Migrants-Families in Custody.--When appropriate and
feasible, CBP shall ensure that separated family units are
reunited and transferred together prior to removal, release
from CBP custody, or transfer to ICE custody. When CBP is
responsible for the custody of unaccompanied alien children who
are siblings, the Commissioner shall, to the extent practicable
and when in the best interest of the children, place such
siblings together in the same facility before the Department of
Health and Human Services assumes custody pursuant to 8 U.S.C.
1232(b).
Migrants-Medical Professionals.--Within the $82,000,000
provided for humanitarian efforts, not less than $2,00,000
shall be provided to deploy social workers, medical
professionals, and pediatric specialists with the cultural and
linguistic competency to process arriving migrants, including
survivors of trauma, torture, and gender-based violence.
Migrants-Nutrition.--Within 90 days of the date of
enactment of this Act, CBP shall assess and report to Congress
on whether food provided to individuals held in CBP custody for
stays in excess of 24, 48, and 72 hours meets federal dietary
guidelines, including those developed for the special
nutritional health needs of juveniles, and make recommendations
for any changes needed to ensure better access to nutritionally
adequate food in short-term custody.
Migrants-Overcrowding in Short-Term Custody Facilities.--
The Committee is concerned with continuing reports of
overcrowding in CBP short-term holding facilities. While the
Committee is sympathetic to the operational needs of the
agency, consistent overcrowding presents safety, health, and
hygiene risks to individuals in custody as well as to
departmental personnel. The Commissioner shall notify the
Committee within 24 hours of each instance in which the holding
facilities in a sector or field office reaches or exceeds 150
percent of capacity.
Migrants-Personnel.--CBP should evaluate the potential
benefits of utilizing non-law enforcement personnel with
appropriate training to transport, process, and care for
migrants in CBP custody and assess whether efficiencies could
be gained by co-locating in CBP processing facilities
representatives of nongovernmental organizations that provide
migrant transition services. Additionally, because of the high
incidence of physical trauma experienced by many migrants,
particularly women and children, during their journey to the
United States, the Committee directs CBP to provide training on
trauma-informed care for all personnel who interact with
migrants. This training should include all such mission support
personnel.
Migrants-Queue Management.--The Committee is concerned
about CBP's practice of ``metering'' or ``queue management'' at
POEs along the U.S.-Mexico border. Section 235 of the
Immigration and Nationality Act requires CBP officers to admit
for inspection any person who arrives at a POE and expresses a
fear of return or asks for asylum. The Committee is
particularly concerned by reports that unaccompanied children
and other vulnerable individuals have been subjected to
metering. While the Committee understands that CBP facility
capacity can potentially limit the number of migrants who can
enter a land POE at a given time, CBP has historically
processed asylum seekers at much higher volumes. The Committee
directs DHS to take appropriate steps to ensure that the United
States is meeting its legal obligations to asylum seekers and
to provide the Committee with any additional resource
requirements needed for this purpose. The Committee is aware
that the OIG is currently reviewing CBP's metering policies and
practices and looks forward to receiving the results of that
review.
Migrants-Release of Families.--CBP is encouraged to work
with local nonprofits and governments on the timing and
location of the release of migrants to allow organizations and
local governments time to prepare for large influxes of
families. As a result of many non-profit shelters facing
overcrowding and with limited transportation option in many
border towns, CBP is encouraged to provide transport to
adjacent towns to facilitate the movement of migrants away from
the border area.
The Committee is aware that the Border Patrol is
transporting migrant families out of high-volume sectors, such
as the Rio Grande Valley, to other Border Patrol sectors along
the southwest border to assist in processing and release from
CBP custody. The Committee directs CBP to provide a briefing
within 30 days of date of enactment of this Act on how the
agency determines which individuals or groups will be
transferred and how CBP decides which stations to send
migrants.
Migrants-In-Custody Time for Unaccompanied Children.--The
Commissioner of CBP shall notify the Committee within 24 hours
of any instance in which a child is held in a single CBP
holding facility for more than five days or spends more than a
total of six days in CBP custody. The notification should
indicate the location(s) where the child has been held; whether
the child is accompanied or unaccompanied; the child's age; and
the child's health condition.
Migrants-Safety.--CBP shall continue its policies and
activities that help protect people who travel on foot through
dangerous terrain after having entered the United States
between the ports of entry. CBP shall continue to prohibit CBP
personnel from engaging in any activity that could damage water
and food caches and increase efforts to increase migrant
safety, including through the placement and maintenance of
additional rescue beacons. The recommendation includes an
increase of $2,000,000 above the request for this purpose.
Mitigation in Floodplains.--Not later than 60 days after
the date of enactment of this Act, CBP shall brief the
Committee on its specific efforts to mitigate flooding and the
negative economic, environmental, and quality of life impacts
of flooding on property owners, communities, and wildlife in
areas where border barriers have been constructed.
Operation Streamline.--The 2015 DHS OIG report,
``Streamline: Measuring Its Effect on Illegal Border Crossing''
(OIG-15-95) detailed serious deficiencies with Operation
Streamline and other prosecutions for illegal entry/reentry and
made a number of recommendations, including: measuring the
effects of the program, estimating and reporting on its costs,
and developing guidance for the treatment of asylum seekers.
Not later than 90 days after the date of enactment of this Act,
the Committee directs DHS to provide a briefing on the status
of implementing each of the recommendations in the 2015 report;
the operational guidance for each sector or area of
responsibility using the Consequence Delivery System; any
changes made over the last three years; and the statistical
justification or other rationale for the particular
consequences applied to each category of migrants.
Polygraph Waivers.--The Committee directs CBP to provide
quarterly reports on the number of personnel applicants to whom
the Commissioner has granted polygraph waivers, accompanied by
the current Significant Admissions Summary, which is a list of
admissions to criminal and national-security-compromising acts
that are uncovered during polygraph exams.
Prosecution of Asylum Seekers.--The Committee is concerned
by reports of the prosecution for illegal entry and reentry of
individuals who express a fear of return to their country of
origin during processing by CBP. The Administration is reminded
of the United States' obligation under the 1951 Refugee
Convention to refrain from punishing asylum seekers for the way
in which they enter the country.
Reporting Requirements.--CBP shall continue to follow the
directives in the explanatory statement accompanying Public Law
116-6 related to the following, including the previously
directed timeframes unless otherwise specified:
(1) CBP-wide capability gaps;
(2) Border Patrol Workforce Staffing Model;
(3) Combined table of CBP interdictions of currency
and major categories of drugs;
(4) The number of detainees held by CBP for more than
48 and 72 hours, respectively;
(5) Allegations related to employee corruption;
(6) Use of force abuses;
(7) Checkpoint, transportation check, and roving
patrol stop operations;
(8) Border Patrol and AMO aviation working group;
(9) Search and rescue efforts for fiscal year 2019;
(10) Deaths in custody and not in custody;
(11) POE infrastructure capital investment projects,
not later than 180 days after the date of enactment of
this Act; and
(12) Staffing gains and losses.
Staffing Shortages.--The Committee remains aware of
continued staffing shortages at land, sea, and air POEs, to
include International Mail Facilities and Express Consignment
Facilities. While the current resource allocation model states
that CBP requires at least 27,021 officers and 3,148
agriculture specialists for existing requirements at the POEs,
the President's discretionary budget request 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 above the request for over
1,200 new CBP Officers, 86 operational support staff, 120
mission support staff, and 240 agriculture specialists.
Transparency.--The Committee is aware of concerns that CBP
activities and policies may sometimes lack public transparency
and may be subject to inadequate data collection and reporting.
The Committee directs CBP to reiterate its commitment to a
policy of ``maximum disclosure, minimum delay'' in releasing
information to the media and 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 effective
use of limited resources.
Unmanned Aerial Systems (UAS).--The Committee notes that
CBP's oversight framework and procedures are intended to 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.
Border Security Operations
Border Patrol Pay.--On April 11, 2019, DHS notified the
Committee that the Acting Secretary approved a Border Patrol
Agent retention incentive program, to go into effect in fiscal
year 2019. To address the estimated funding requirement in
fiscal year 2019, the Administration recently proposed
$84,000,000 to support this program as part of a fiscal year
2019 supplemental appropriations request. To date, however, DHS
has provided no estimate for the fiscal year 2020 funding
requirement for the incentive program. DHS is again directed to
propose any new personnel incentive programs in its annual
budget request so that the Committee can fully assess them in
the context of competing funding priorities.
The Committee is also aware that the Department intends to
update certain Border Patrol Agent job descriptions to
facilitate more rapid career advancement with less experience
than currently required. To date, the only official reference
to this change the Committee has seen is a $23,000,000 request
in the supplemental appropriations package the Administration
recently submitted to Congress, which is proposed to support an
initiative to train Border Patrol Agents to serve as asylum
officers. Because the Department has provided inadequate
justification and no details in support of this proposal, it is
impossible for the Committee to fully assess it or determine
its long-term cost requirements. The Committee reminds the
Department of the requirements of section 527 of Public Law
116-6 requiring a formal notification to the Committee prior to
the implementation of any structural pay reform.
Carrizo Cane.--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
initiated a long-term control program in fiscal year 2018 that
employs both mechanical topping and the use of biological
control agents. The recommendation includes an increase of
$1,000,000 above the fiscal year 2019 funding level for these
efforts, for a total of $4,000,000 to accelerate these efforts
in fiscal year 2020. CBP should continue to coordinate with the
Texas State Soil and Water Conservation Board and other
stakeholders on control efforts and provide regular updates to
the Committee on the performance of this program with regard to
increased visibility, biomass reduction, and miles of river
treated.
Collaboration with the Border Patrol.--Border Patrol sector
chiefs often have the most comprehensive understanding of the
challenges facing their geographic area of responsibility. The
Committee encourages all state, local, tribal, and federal law
enforcement agencies working in the southwest land border
region to collaborate and operationally coordinate, when
feasible, with sector chiefs in their respective geographical
regions.
Potable Water.--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 could reduce costs and environmental impacts by avoiding
the need to transport fresh water to the FOBs.
Search and Rescue Efforts.--The Committee commends CBP's
search and rescue efforts, in particular those of the Border
Patrol Search, Trauma, and Rescue Unit, and encourages CBP to
expand engagement with its state and local counterparts and
nongovernmental organizations to better leverage its resources.
Trade and Travel Operations
Admissions Under False Pretenses.--The Committee directs
CBP to provide a briefing on allegations concerning the
fraudulent use of tourist visas and the steps taken to ensure
that admissions criteria are applied uniformly across ports of
entry, as directed in House Report 115-239.
Agriculture Inspections.--The Committee directs the
Department to work with its federal law enforcement partners
and the Department of Agriculture to determine the extent of
transnational criminal involvement in foreign produce bound for
the United States; work to increase inspections of imported
agricultural products for produce that may contain drugs;
utilize its intelligence collection and partnerships with
foreign agencies to identify produce shipments that transported
drug shipments to border locations to facilitate drug trade;
and deny entry to shipments of this nature.
Agriculture Inspectors.--CBP is directed to continue
working with USDA to better leverage existing personnel 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 provides $29,852,000 to hire 240 new agriculture
inspectors.
Biometric Exit.--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.
Cargo Processing.--The Committee 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 also 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.
Visa Waiver Program (VWP).--The Committee is aware that
some individuals traveling to the United States under the VWP
have been detained or denied entry because of confusion about
eligible purposes of VWP travel. The Committee directs CBP to
better clarify which types of educational experiences are
permitted under VWP travel, including what evidence or
information is required to satisfy CBP that visitors will not
overstay the 90 days VWP time limit.
Great Lakes Seaports.--CBP is directed to continue working
with Great Lakes seaports, cruise vessel operators, and other
stakeholders to develop a cruise passenger clearance plan,
while continuing to use 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.
Jones Act.--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.
Land Port of Entry (LPOE) Infrastructure Capital Investment
Plan.--When developing the LPOE Infrastructure Capital
Investment Plan, CBP is encouraged to consider the financial
constraints of small towns with seasonal economies when
mandating security enhancements at publicly-owned POEs.
Additionally, the Committee encourages CBP to remain cognizant
of the cost burden on private port owners and operators when
mandating space and security requirements at new facilities.
CBP should consider the space requirement for immigration
processing when developing designs and updating investment
plans.
Mislabeling and Transshipment.--The Committee directs CBP
to provide a briefing not later than 90 days after the date of
enactment of this Act on how the agency addresses mislabeling
and transshipment to avoid tariffs and duties on such imports
as synthetic turf, to include relabeling containers through
intermediate destinations to hide the true origin of the
products.
LPOE Hours of Operation.--The Committee directs CBP to
refrain from reducing the hours of operation at any POE unless
CBP can demonstrate that the reduction will benefit commerce
without introducing increased local traffic delays, and has
consulted with elected officials at all levels, community
members, and impacted private sector stakeholders prior to
making changes. In addition, CBP shall notify the Committee not
later than 30 days in advance of any proposed changes.
POE Technology.--The recommendation includes not less than
$20,000,000 for upgrades to POE technology, to include Border
Security Deployment Program equipment and license plate reader
technology.
Resource Allocation Model.--While the Office of Field
Operation's resource allocation model has greatly improved its
ability to make informed staffing decisions, the Committee
understands that CBP must routinely update the model to account
for new trade and travel data and address any newly identified
gaps, including increased requirements resulting from airport
expansions. Any modifications to the model shall be described
in future budget submissions 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 staffing 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.
Seafood Harvesting.--CBP is encouraged to continue
strengthening its efforts to detect and deter illegally
harvested and improperly documented seafood, including by
working with other U.S., international, and foreign regulatory
agencies to ensure fair competition for our country's domestic
fishermen and minimize the impacts of illegal trade. In
particular, the Committee urges CBP to work with the National
Oceanic and Atmospheric Administration to improve and expand
the collection, analysis, and auditing of critical import data
related to identifying illegal, unregulated, and unreported
(IUU) seafood products, and to expand investigations of foreign
IUU hotspots.
Sea Ports of Entry Staffing and Upgrades.--Not later than
90 days after the date of enactment of this Act, CBP is
directed to provide a briefing to the Committee on requirements
for staffing and security upgrades for seaports to include
marine and cruise terminals. The briefing should address
staffing shortages, upgraded security requirements, and plans
for technology recapitalization. Additionally, the CBP should
address the process used to decide how initiatives are funded.
User Fee Airports.--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.
Integrated Operations
Air and Marine Operations (AMO) Flight Hours.--To increase
surveillance capabilities on the southwest border, the
Committee recommends an additional $30,000,000 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.
AMO Training Facilities.--As the primary airborne and
maritime law enforcement component of CBP, AMO's training
centers have unique needs to properly train future Air and
Marine Agents. CBP is encouraged to fully resource these
facilities to allow for new simulators and greater student
capacity.
Mission Support
Border Security Technology Systems Procurement.--As CBP
procures additional border security systems, whether new or
existing technologies, the Committee encourages the
Commissioner to evaluate whether a subscription model would:
(1) align incentives to keep systems updated as technology
improves; (2) provide more flexibility to upgrade systems; (3)
allow border security systems to be deployed faster by reducing
initial costs; and (4) reduce the total cost to the government.
The Committee directs CBP to provide a briefing on the results
of its evaluation not later than 60 days after date of
enactment of this Act.
Department of Defense (DoD) Technology.--The Committee
encourages DHS to collaborate with the DoD and better leverage
the DoD Acquisition Process to expedite the acquisition of
surplus equipment and technology. The Committee directs CBP to
provide a briefing on this collaboration not later than 60 days
after the date of enactment of this Act.
Industry Collaboration.--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.
Recruitment and Retention on the Southwest Border.--CBP is
directed to brief the Committee not later than 120 days after
the date of enactment of this Act on personnel recruiting,
hiring, and retention strategies unique to southwest border
living conditions, to include a cost of living adjustment,
hardship locality pay compensation, student loan forgiveness,
spousal work programs, and other incentives. The report should
also address financial incentives and other compensation-based
flexibilities to most effectively aid spouses and families of
individuals who are candidates or new hires in a rural or
remote area.
Real-Time Feedback.--The Committee encourages CBP provide
real-time feedback to federal, state, local and tribal law
enforcement and public safety agencies using live, interactive,
multi-media platforms, as appropriate.
Recruitment of Women.--The Commissioner is directed to
commission a report from experts in law enforcement diversity
with experience on recruitment and gender dynamics in law
enforcement organizations, to be submitted to the Committee not
later than 180 days after the date of enactment of this Act,
along with CBP's responses to the report's recommendations and
an implementation plan. The report shall address but not be
limited to: (1) whether recruitment, application processes,
training, promotion, and other aspects of employment in CBP law
enforcement positions treat women fairly and without bias; and
(2) CBP's training, complaints system, and culture regarding
sexual harassment and assault.
Technology Procurement.--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.
U.S. Citizens Held in CBP Custody.--The Committee directs
CBP to provide a detailed report within 90 days of the date of
enactment of this Act on the number of U.S. citizens detained
for more than 24 hours at POEs during the last two fiscal
years. The report should include the ages of the individuals
detained, the length of detention, and the rationale for their
detention.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2019....................... $2,515,878,000
Budget request, fiscal year 2020...................... 5,402,191,000
Recommended in the bill............................... 477,962,000
Bill compared with:
Appropriation, fiscal year 2019..................... -2,037,916,000
Budget request, fiscal year 2020.................... -4,924,229,000
The Committee recommends the following increases above the
request: $50,000,000 for border security technology
procurement; $17,000,000 for team awareness kits; $30,000,000
for innovation technology; $20,000,000 for trade enforcement
enhancement, to include collections; and $30,000,000 for one
additional multi-role enforcement aircraft. The recommendation
provides no funding for border barriers or for border patrol
checkpoints.
Non-Intrusive Inspection (NII).--The Committee directs CBP
to provide, not later than 90 days after the date of enactment
of this Act, an updated, multi-year strategic plan for
addressing vulnerabilities and capability gaps at POEs, as
directed in the explanatory statement accompanying Public Law
115-141. CBP is also directed to brief the Committee on the
results of the ongoing POE pilots upon their completion. This
briefing shall include an assessment of each platform's ability
to increase vehicle inspection throughput at POEs 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.
U.S. Immigration and Customs Enforcement
Appropriation, fiscal year 2019....................... $7,587,712,000
Budget request, fiscal year 2020...................... 8,781,195,000
Recommended in the bill............................... 8,057,287,000
Bill compared with:
Appropriation, fiscal year 2019..................... +469,575,000
Budget request, fiscal year 2020.................... -723,908,000
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 2019....................... $7,542,153,000
Budget request, fiscal year 2020...................... 8,702,425,000
Recommended in the bill............................... 7,593,940,000
Bill compared with:
Appropriation, fiscal year 2019..................... +51,787,000
Budget request, fiscal year 2020.................... -1,108,485,000
The recommendation includes the following increases above
the request: $47,250,000 to restore proposed cuts for the 2019
pay raise; $15,750,000 to support the annualization of the 2019
pay raise; $90,875,000 for the 2020 pay raise; and $233,144,000
to sustain fiscal year 2019 initiatives. The recommendation
does not include $368,612,000 proposed in the request to
sustain hiring initiatives that were not funded in the fiscal
years 2018 and 2019 appropriations, nor $298,973,000 that was
requested for additional law enforcement staffing. An
additional reduction of $6,308,000 is based on anticipated
savings associated with a hiring freeze for Fugitive Operations
and the Criminal Alien Program. The recommendation does not
assume the use of $207,600,000 from the Immigration Examination
Fee Account (IEFA) to partially 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; an administrative provision in the bill prohibits the
use of IEFA funds for ICE operations.
Homeland Security Investigations
Combatting Human Trafficking.--HSI plays a critical role in
investigating Transnational Criminal Organizations involved in
trafficking individuals into and within the United States. The
Committee encourages HSI to work with appropriate nonprofit
organizations and victim service providers to assist HSI agents
in the identification of human trafficking victims, ensuring
they receive the proper care and access to victim service
organizations.
Human Exploitation Rescue Operative Child-Rescue Corps.--
The recommendation includes an increase of $4,000,000 above the
request for the training, equipping, and hiring of Human
Exploitation Rescue Operative (HERO) Child-Rescue Corps program
graduates. ICE is directed to brief the Committee not later
than 180 days after the date of enactment of this Act on
performance indicators for the HERO program, including the
number of child exploitation cases worked by HERO interns and
their impact on the identification of minor victims and
apprehension of contact offenders.
Intellectual Property Rights Enforcement.--The
recommendation provides not less than $15,000,000 for
intellectual property law enforcement through HSI and the
National Intellectual Property Rights (IPR) Coordination
Center. ICE is reminded of the IPR enforcement resource
requirements in House Report 116-9.
Worksite Immigration Enforcement Actions.--The Committee is
concerned about the increase in worksite enforcement operations
since January 2018, especially the disproportionate use of
resources dedicated to civil administrative arrests of
employees. Such arrests should be reserved for those
individuals who pose a risk to public safety. Within 60 days of
the date of enactment of this Act, ICE is directed to brief the
Committee on the policies, practices, and procedures associated
with worksite immigration enforcement actions, with a specific
focus on direction to the field related to civil administrative
arrests.
Enforcement and Removal Operations
287(g) Program.--A provision in the bill requires ICE to
provide a report to the Committees and the public regarding
287(g) steering committee membership and activities;
performance data; the number of individuals placed into removal
proceedings by 287(g)-designated officers; and any plans for
future expansion of or changes to the program. ICE, OIG, and
CRCL are also directed to provide rigorous oversight of the
287(g) program, and ICE is directed to notify the Committee
prior to implementing any significant changes to the program,
including any changes to training requirements, data
collection, selection criteria, or the jurisdictions with which
ICE has agreements. The Committee also reminds ICE that
communities are not legally required to enter into such
agreements and that immigration enforcement should not be used
either to induce communities to enter or deter them from
discontinuing 287(g) agreements.
The Committee directs GAO to follow up on its January 2009
report on management controls in the 287(g) program (GAO-09-
109). GAO's review should include a review of the content of
and compliance with memoranda of agreement with participating
law enforcement agencies; the establishment and role of
community steering committees; the extent to which ICE has
guidance for jurisdictions with 287(g) and intergovernmental
service agreements to fulfill their separate roles and
responsibilities for each agreement; safeguards to ensure that
state or local officers perform immigration enforcement
functions only as authorized by their 287(g) agreement; and
287(g) arrest data, broken down by jurisdiction and offense,
among other factors.
Age-Outs.--The Committee is concerned about reports that
approximately two-thirds of unaccompanied children turning 18
years old while in the custody of the Office of Refugee
Resettlement (ORR) of the Department of Health and Human
Services are transferred directly to ICE custody and detained,
often because of a lack of planning for alternative placements
during the child's time in ORR care. ICE is directed to provide
semi-annual updates to the Committee on the number of
unaccompanied alien children who turn 18 while in ORR custody
and are subsequently detained by ICE. The first update, due
within 60 days after the date of enactment of this Act, shall
include a description of the Juvenile Coordinator's methodology
for determining placement in the least restrictive setting
available and for considering an alien's risk to self or the
community, risk of flight, and post-18 plan. Each update shall
delineate transfers from ORR according to ICE area of
responsibility and most recent ORR placement category and shall
detail the rationale for ICE's placement decision (detention,
alternatives to detention, Order of Supervision, or own
recognizance) for each transferred individual.
Alternatives to Detention (ATD).--The recommendation
includes an additional $64,000,000 over fiscal year 2019 to
continue to grow the ATD program, of which $20,000,000 is for
the Family Case Management Program (FCMP). ICE is directed to
continue to provide performance reports to the Committee on the
ATD program, as described in House Report 116-9.
Also included is $4,000,000 above the request to fund an
independent review and analysis of the ATD program, to include
the FCMP. The review shall include recommendations for
improvements or alternatives to: increase the overall
effectiveness of the program; improve the cost efficiency and
sustainability of the program; ensure appropriate alignment of
functions to be performed by government officials, non-profit
organizations, and/or the private sector; and address any gaps
in services provided. The Committee directs the review and
analysis be informed by discussions with government officials,
current program operators, non-governmental immigration policy
stakeholders, and current participants in the program, and by
reviewing similar programs in other countries. The results of
this review and analysis shall be briefed to the Committee not
later than 180 days after the date of enactment of this Act.
ICE is directed to continue ensuring access to ``know your
rights'' presentations, as described in House Report 116-9.
Body Worn Cameras.--ICE is reminded of the requirements in
House Report 116-9 regarding the use of body worn cameras in
its field enforcement activities.
Bond Payments.--ICE is directed to provide the monthly bond
statistics described in House Report 116-9.
Detainee Access to Legal, Medical, and Mental Health
Services.--ICE should not enter into, expand, or renew a
contract with any entity to operate an immigration detention
facility that is located more than 100 miles from: a Level IV
(or lower) designated trauma center; or at least one
government-listed, legal aid resource on the Executive Office
for Immigration Review (EOIR) ``List of Pro Bono Legal Service
Providers'' from which the Director has received confirmation
that it is able to provide legal services to detainees at the
facility.
ICE is directed to continue the requirements in House
Report 116-9 regarding legal resources available to detainees
and shall ensure that such information is provided in both
English and Spanish.
Not later than 30 days after the date of the close of the
fiscal year, the Committee directs ICE to publish on a public
facing website a description of the medical and mental health
staffing--delineated by position and qualification--at each
facility with a capacity to house at least 50 ICE detainees,
along with the ADP of each facility. The report should indicate
the hours of availability of in-person, specialized medical
service typically available during the week; whether any
positions were unfilled for more than one month of the previous
year; and the average detainee wait time for seeing a medical
professional. ICE shall also include in the report the number
of individuals taken into ICE custody with a serious medical
condition, including pregnant women, a serious mental health
condition, and the total length of detention, including
transfers, for each. The Committee urges ICE to reinstate the
policies in its August 2016 directive on the Identification and
Monitoring of Pregnant Detainees that was superseded by its
December 2017 update.
The Committee directs ICE to ensure that each family
residential center has on-site at least one medical
professional qualified to provide pediatric care for every 200
children in residence. In addition, at least one such medical
professional should be on-site or on-call for every 100
children detained in the facility. The Committee further
directs ICE to ensure that each family residential center makes
available at least one mental health professional specializing
in pediatric care.
Detainee Forms.--The Committee directs ICE to provide all
forms that are required to be signed by a detained person in
the detainee's native language. ICE is directed to report to
the Committee within 90 days of the date of enactment of this
Act on a plan and timeline for achieving this goal, including
an estimate of related resource requirements.
Detention Capacity.--The recommendation reduces Custody
Operations by $1,053,313,000 and reduces the Transportation and
Removal Program by $72,229,000 from the request. The funding
provided supports an average daily population (ADP) in
detention of 34,000 for single adults, of which not more than
17,000 is for interior enforcement operations, commensurate
with the average ADP for such operations between fiscal years
2013 and 2016. Funding provided for family detention is
intended to phase out this activity by not later than December
31, 2019.
The Committee understands that a surge in the number of
single adults deemed inadmissible at a POE or who cross the
border between ports in fiscal year 2020 could necessitate
additional detention capacity to prevent overcrowding at short-
term CBP holding facilities. To address such a contingency, a
provision is included to provide additional funding during the
fiscal year to respond to surges of single adult migrants.
Access to this additional funding requires a certification from
the Secretary that the anticipated number of single adult alien
transfers to ICE from CBP will exceed the number so transferred
in fiscal year 2016, when the ADP for such aliens was
approximately 17,000. The Secretary must also provide the
Committee with an analysis to substantiate such certifications.
Further, to ensure that a short-term migration surge does
not result in over-funding ICE detention operations, the bill
makes these additional resources available to ICE only
incrementally and periodically throughout the fiscal year. If
surge conditions are met, the highest-level increment of
additional funding provided by this provision would support a
single adult ADP of 24,500 associated with border security
operations, and a total potential funding increase of
$387,077,000, of which $55,941,000 would be for the
Transportation and Removal Program. None of the incremental
funding increases are available for ADP associated with
interior enforcement.
Detaining Individuals with Credible Fear.--The Committee
reminds ICE of its policy to avoid the detention of an
individual who has received a positive credible fear
determination from an asylum officer or immigration judge,
absent a finding by an immigration officer that the individual
poses a risk to the community or is a flight risk. ICE is
directed to report to the Committee, monthly, data on the
number of individuals who received a positive credible fear or
reasonable fear determination who were: considered for parole;
granted parole; or denied release on parole, along with an
individualized description of the justification for each
denial.
Detention Inspection Reporting.--ICE shall continue to
report and make public the following, as described in House
Report 116-9, and shall follow the previously directed
timeframes unless otherwise specified:
(1) Secure Communities report;
(2) Requirements related to detention facility
inspections reports;
(3) Death in custody reporting, with subsequent
reporting to be released within 90 days of the initial
report;
(4) Access to facilities;
(5) Detainee locator information;
(6) Changes to the current detention facility
category and inspection framework;
(7) Compliance with the 2011 Performance Based
National Detention Standards (PBNDS 2011) and Prison
Rape Elimination Act (PREA) requirements; and
(8) Weekly rate of operations for Custody Operations.
Detention Oversight.--The Committee remains concerned about
the conditions and care provided at ICE's civil detention
facilities. The recommendation provides an additional
$14,000,000 above the request for the Office of Detention
Oversight within the Office of Professional Responsibility to
fully fund the inspection of each over-72-hour detention
facility not less than twice per year. The detailed results of
these inspections shall be promptly published on a public-
facing website, redacted as needed to protect any personally
identifiable information, along with a plan of action and
milestones to address any deficiencies that were identified
during the inspection. The status of addressing such
deficiencies shall be validated by the Office of Immigration
Detention Ombudsman established in title I and shall be updated
on the website not less than quarterly. Further, given the
findings in the OIG report, ICE's Inspections and Monitoring of
Detention Facilities Do Not Lead to Sustained Compliance or
Systemic Improvements, dated June 26, 2018 (OIG-18-67), the
recommendation does not include the $3,500,000 requested for
the Custody Management Division's facility inspection contract.
Consistent with the direction provided in House Report 116-
9, the ICE Director shall have sole authority to approve
detention standard waivers and shall notify the Committee of
such waivers within 3 business days of such approval.
Additionally, ICE shall report publicly on a quarterly basis
any waivers issued, and the justification for each such waiver.
To ensure that detention facility inspections capture the
reality of conditions that detainees experience, the Committee
encourages ICE to include within its immigration detention
facility inspections and reviews documented input from a wide-
range of stakeholders, to include individuals working at the
facility, a representative sample of detainees at the facility,
attorneys representing detainees, legal orientation providers
at the facility, and others performing visitation, such as
clergy or faith-based organizations.
ICE is directed to provide a report to the Committee, not
later than 90 days after the date of enactment of this Act,
identifying for each detention contract, Inter-governmental
Service Agreement, or Inter-governmental Agreement, the
detention standards under which it is inspected and the status
of its compliance with PREA standards; and all fiscal year 2019
costs by category, as appropriate. In addition, the ICE
Director 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 PBNDS-2011, as revised in 2016.
Each report shall include a justification for why such contract
or agreement requires different standards.
Immigration Enforcement at Sensitive Locations.--The
Committee understands it is ICE's policy that enforcement
actions at or near sensitive locations--identified by ICE 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 for 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 directs
ICE to follow this policy and to broaden the scope of the
category to include: courthouses; bus stops; USCIS offices;
mental health, emergency, and social services centers; and
other locations where community impacts should be better
balanced against ICE law enforcement requirements.
Further, within 180 days of the date of enactment of this
Act, ICE is directed, in collaboration with other DHS entities
as needed, to provide a public report on enforcement actions at
sensitive locations since October 1, 2017. The report shall
include the total number of enforcement actions at sensitive
locations, broken down by: field office; type of sensitive
location; whether prior approval was given; what type of
exigent circumstances existed, if any; and the number of non-
targeted individuals who were also apprehended. It should also
contain information on the number of enforcement actions
occurring at courthouses and bus stops for each field office,
including the number of individuals apprehended at each
location, broken down by targeted and non-targeted individuals.
Improving Conditions at ICE Field Offices and Sub-
Offices.--The Committee is concerned about the conditions and
lack of adequate infrastructure at ICE's Enforcement and
Removal Operations field offices and sub-offices that service
migrants. The Committee understands that visitors who appear at
these facilities for an appointment or processing may be
required to wait inordinate amounts of time, without shelter or
shade. Further, there may be insufficient restroom or drinking
water infrastructure. The Committee has also been made aware
that visitors who appear at these facilities for appointments
may experience difficulty while attempting to confirm their
appointment letters via phone due to insufficient capacity, and
many visitors have had trouble contacting an ICE employee who
can speak their native language, including Spanish. To address
these conditions, the Committee directs ICE to work with the
General Services Administration (GSA) to determine what steps
must be taken and what additional infrastructure is necessary
at facilities in order to improve conditions and processing
times, as well as to determine how to improve planning and
design for future ICE ERO facilities. ICE is directed to
provide a report on its findings to the Committee within 180
days of the date of enactment of this Act. ICE is also directed
to ensure that proper oversight of conditions at its ERO field
offices, sub-offices, and contractor facilities is conducted by
its quality assurance teams. Finally, the Committee encourages
ICE to permit the distribution of food and water by outside
individuals or advocates to visitors who are waiting to be
seen.
Parental Interests.--In the execution of ERO activities,
ICE is directed to 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.
Phone Access in Detention.--To the greatest extent
possible, the Committee expects ICE to apply the terms of the
Lyon v. ICE, et al. Settlement Agreement regarding detainee
telephone access to each of its detention facilities and
directs ICE to brief the Committee on the status of providing
such access within 90 days after the date of enactment of this
Act. The briefing shall include a list of facilities that fail
to provide access to free, confidential calls to attorneys and
non-attorneys; a justification for each such failure; the
period of performance for the contract with the facility (if
applicable), along with any option periods; and the steps and a
timeline for requiring each facility to comply.
Rape Prevention in Immigration Detention Facilities.--The
Committee encourages ICE to collaborate with the National PREA
Resource Center, which is supported by the Department of
Justice, to help facilitate PREA compliance. Within 60 days
after the date of enactment of this Act, ICE shall brief the
Committee on its planned schedule for achieving 100 percent
compliance with PREA requirements, the results of completed
PREA audits, and an assessment of whether the standards are
effective in protecting vulnerable populations.
Reporting on Removals.--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
semiannually on removals of honorably discharged members of the
armed services.
Reporting on Criminality.--ICE is directed to continue
monthly reporting regarding criminality, as described in House
Report 116-9, and shall further differentiate such individuals
detained as a result of interior enforcement efforts versus
those from border security operations.
Risk Classification Assessment.--The Committee is concerned
about ICE's inconsistent treatment of similarly situated
individuals, to include decisions on whether to release or
detain; length of time in detention; whether to require a bond
and the amount of such bond; custody classification level of
those detained; and community supervision level of those not
detained. Not later than 180 days after the date of enactment
of this Act, ICE, in collaboration with the Office of the
Immigration Detention Ombudsman, is directed to brief the
Committee on the results of a reevaluation of its Risk
Classification Assessment (RCA) process and to provide
recommendations to improve the process. The Committee directs
that the recommendations provide a strong preference for using
ATD, especially in support of interior enforcement efforts, and
clear guidance to describe situations when detention must be
used, such as when the officer can clearly demonstrate with
individualized evidence that a migrant poses a flight risk or a
risk to public safety.
Transgender Detainees.--The Committee directs ICE to limit
the detention of individuals who self-identify as transgender
to facilities subject to a contract formally modified pursuant
to Attachment 1 of the June 19, 2015 ICE memo entitled
``Further Guidance Regarding the Care of Transgender
Individuals,'' unless the individual has voluntarily declined
placement in such a facility after being informed of the
opportunity to do so.
U Visas.--The Committee recognizes the value of the U visa
program in protecting victims of violent crime and promoting
public safety by enabling criminal investigations. The
Committee directs ICE to provide a report within 90 days of the
date of enactment of this Act on the number of individuals
deported with a pending U visa application or when a U visa
application had been denied.
Mission Support and the Office of the Principal Legal Advisor
Increases to Support Transparency.--The recommendation
includes increases above the request of $2,000,000 for the Law
Enforcement Systems and Analysis division to address increased
demands for immigration data and analysis, including Committee
requests for information, and $2,000,000 for the Office of the
Chief Financial Officer for additional capacity to address the
growing workload.
Minor Construction and Improvements to ICE Facilities.--The
recommendation includes an increase of $9,425,000 above the
request to reduce the backlog of necessary repairs and
improvements to address unsafe or unfit detention facility
conditions, and an increase of $406,000 above the request to
support an Office of the Principal Legal Advisor facility
consolidation project.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2019....................... $45,559,000
Budget request, fiscal year 2020...................... 78,770,000
Recommended in the bill............................... 76,270,000
Bill compared with:
Appropriation, fiscal year 2019..................... +30,711,000
Budget request, fiscal year 2020.................... -2,500,000
The recommendation includes the following increases above
the request: $45,000,000 for construction and facility
improvements to address major projects on ICE's facilities
backlog list; and $2,500,000 for the U.S. Title 8 Aliens and
Nationality Initiative (T-8) to accelerate modernization
efforts of ICE's immigration information technology systems,
data platforms, and reporting and analytics capabilities. The
recommendation does not include $50,000,000 proposed in the
request for facility projects to support prior year hiring
initiatives that were not funded in fiscal years 2018 and 2019
appropriations.
Transportation Security Administration
Appropriation, fiscal year 2019...................... $7,600,462,000
Budget request, fiscal year 2020..................... 7,298,720,000
Recommended in the bill.............................. 7,879,691,000
Bill compared with:
Appropriation, fiscal year 2019.................... +279,229,000
Budget request, fiscal year 2020................... +580,971,000
Mission
The Transportation Security Administration (TSA) is charged
with protecting U.S. transportation systems, while facilitating
the flow of travelers and commerce.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2019...................... $7,410,079,000
Budget request, fiscal year 2020..................... 7,115,195,000
Recommended in the bill.............................. 7,648,384,000
Bill compared with:
Appropriation, fiscal year 2019.................... +238,305,000
Budget request, fiscal year 2020................... +533,189,000
The recommendation includes $533,189,000 above the request,
including: $24,545,000 to annualize the 2019 pay raise;
$118,305,000 to provide a 2020 pay raise; $45,000,000 to
continue the Law Enforcement Officer Reimbursement Program;
$58,800,000 to continue the Visible Intermodal Prevention and
Response Team program; $81,633,000 to continue legally mandated
staffing at certain exit lanes; and $204,906,000 to maintain
current services.
DCA Access Standard Security Program.--The Committee
encourages TSA to work with partner agencies and stakeholders
to improve the DCA Access Standard Security Program (DASSP).
TSA is directed to provide a briefing on the DASSP not later
than 90 days after the date of enactment of this Act.
Federal Flight Deck Officer Program.--The Committee
recommends $20,017,000 for the Federal Flight Deck Officer
(FFDO) and Flight Crew Training program, an increase of
$3,320,000 above the request to maintain the current pace of
training. Recent administrative changes to the program should
provide more flexibility and a substantive increase in FFDO
enrollment and retention. The Committee directs TSA to provide
a briefing not later than 60 days after the date of enactment
of this Act on FFDO enrollment, training, and recertification.
General Aviation Representative.--The Committee understands
that TSA has appointed a full-time general aviation
representative, as authorized by Public Law 115-254. Within 60
days of the date of enactment of this Act, TSA shall brief the
Committee on the roles and responsibilities of the Industry
Engagement Manager for General Aviation.
Canine Program.--The Committee is concerned that the TSA
Canine Program may be insufficiently resourced to provide
coverage of the nation's largest hub airports. The Committee
directs TSA to provide a briefing not later than 90 days after
the date of enactment of this Act on the risk-based requirement
for additional canine teams and the methodology for allocating
current teams among airports based on risk.
Postal Shipment Security.--The Committee understands that
TSA and the U.S. Postal Service (USPS) are considering the
implementation of additional security measures for
international outbound and domestic postal shipments by air.
Not later than 90 days after the date of enactment of this Act,
the Committee directs TSA to provide a briefing on the current
threat picture related to carriage of USPS mail and parcels
aboard aircraft, alternative security measures under
consideration, and the estimated impacts of such measures on
the private sector.
Public Area Security National Framework.--The TSA Public
Area Security National Framework report recommended the
consolidation of emergency communications, airport law
enforcement, aircraft rescue operations, and firefighting
operations into a single operations center on the airport
campus. This recommendation is particularly important for
airports serving a civil-military purpose, which face a
heightened risk of terrorist acts. Within 120 days of the date
of enactment of this Act, TSA shall brief the Committee on its
plans for implementing the report's recommendations.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2019...................... $169,789,000
Budget request, fiscal year 2020..................... 162,623,000
Recommended in the bill.............................. 210,405,000
Bill compared with:
Appropriation, fiscal year 2019.................... +40,616,000
Budget request, fiscal year 2020................... +47,782,000
The recommendation includes an increase of $47,782,000
above the request, including $27,782,000 for additional
procurement of computed tomography (CT) equipment and
$20,000,000 for reimbursements to airports for legacy in-line
explosive detection equipment.
Computed Tomography Equipment.--The recommendation includes
an increase of $27,782,000 above the request to accelerate the
procurement and installation of 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 365 CT
systems in fiscal year 2020.
Credential Authentication Technology (CAT).--The Committee
directs TSA to provide a briefing, not later than 90 days after
the date of enactment of this Act, on its procurement and
deployment plans for the CAT program. As part of this briefing,
TSA shall address how CAT implementation will impact the
Registered Traveler Program and any appropriate steps the
agency is taking to help mitigate such impacts. In addition,
the briefing should address TSA's efforts to minimize negative
impacts of the CAT program on traveler privacy.
Enhanced Advanced Imaging Technology.--The Committee
supports the Administrator's efforts to accelerate the
introduction of innovative and high performance technology,
including enhanced advanced imaging technology, (e-AIT) to
increase threat detection checkpoint efficiency to accommodate
increasing passenger volumes. TSA's public private partnership
initiatives have supported the introduction of new technology
to airport security operations and the Committee encourages the
Administrator to establish expedited processes to validate and
make new higher performance e-AIT technology available for
TSA's stakeholders to procure and gift to TSA for use in their
security operations.
Explosive Detection System Reimbursements.--The
recommendation includes $20,000,000 for TSA to continue
reimbursement of airports that incurred costs associated with
the development of a partial or completed in-line baggage
system prior to August 3, 2007. TSA is directed to update the
Committee on its timeline and allocation plan for these funds
not later than 60 days after the date of enactment of this Act,
to include a plan for how TSA will address the remaining
balance of reimbursement claims in future budget requests.
Future-year Capital Investment Plan.--TSA is directed to
provide a report to the Committee, not later than 90 days after
the date of enactment of this Act, on a future-year capital
investment plan for procurement of new and replacement
transportation security equipment.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2019...................... $20,594,000
Budget request, fiscal year 2020..................... 20,902,000
Recommended in the bill.............................. 20,902,000
Bill compared with:
Appropriation, fiscal year 2019.................... +308,000
Budget request, fiscal year 2020................... - - -
Coast Guard
Appropriation, fiscal year 2019\1\.................... $11,850,921,000
Budget request, fiscal year 2020\2\................... 11,119,416,000
Recommended in the bill\3\............................ 12,013,363,000
Bill compared with:...................................
Appropriation, fiscal year 2019..................... +162,442,000
Budget request, fiscal year 2020.................... +893,947,000
\1\Excludes funding appropriated under this heading for the Global War
on Terrorism (GWOT)/Overseas Contingency Operations (OCO).
\2\Funding for the Coast Guard related to GWOT/OCO is requested under
Navy, Operations and Maintenance.
\3\No funding is recommended under this heading for GWOT/OCO.
Mission
The Coast Guard is the principal federal agency charged
with maritime safety, security, and stewardship. It is a
military, multi-mission, maritime service within the Department
of Homeland Security and one of the nation's five armed
services.
OPERATIONS & SUPPORT
Appropriation, fiscal year 2019\1\.................... $7,643,201,000
Budget request, fiscal year 2020\2\................... 7,872,395,000
Recommended in the bill\3\............................ 8,028,742,000
Bill compared with:
Appropriation, fiscal year 2019..................... +385,541,000
Budget request, fiscal year 2020.................... +156,347,000
\1\Excludes funding appropriated under this heading for the Global War
on Terrorism (GWOT)/Overseas Contingency Operations (OCO).
\2\Funding for the Coast Guard related to GWOT/OCO is requested under
Navy, Operations and Maintenance.
\3\No funding is recommended under this heading for GWOT/OCO.
The recommendation includes the following increases above
the request: $6,100,000 for additional resources to support
increased recruiting with a focus on women and minority
populations; $42,399,000 for additional maintenance for
cutters, boats, and aircraft; $36,000,000 for depot-level
maintenance for shore assets; $2,000,000 to add 10 billets for
the Maritime Safety Response Team (MSRT)--West; $4,399,000 to
annualize the 2019 civilian personnel pay raise; and
$23,151,000 to provide a 2020 civilian personnel pay raise.
The recommendation also includes increases above the
request to continue fiscal year 2019 support for an increase in
the child care subsidy, increased military billets, fuel
charges, and activities authorized under section 303 of Public
Law 115-282.
Advanced Polymer Body Armor.--The Committee encourages the
Coast Guard to evaluate commercially available body armor made
with advanced polymers for use by maritime enforcement
personnel, with a focus on the benefits of reduced weight,
bulk, and discomfort levels compared to traditional body armor
materials.
Asset Acquisition Report.--The Commandant 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 its
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 also 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.
Center of Expertise for Great Lakes Oil Spill Preparedness
and Response.--The Frank LoBiondo Coast Guard Authorization Act
of 2018 (Public Law 115-282) directed the Coast Guard to
establish a Center of Expertise for Great Lakes Oil Spill
Preparedness and Response. That Act specified that the Center
of Expertise shall be located in close proximity to critical
crude oil transportation infrastructure on the Great Lakes,
such as submerged pipelines, and near an institution of higher
education with adequate aquatic research laboratory facilities
and capabilities and expertise in Great Lakes aquatic ecology,
environmental chemistry, fish and wildlife, and water
resources. The Committee recognizes the significant gaps in
Great Lakes and freshwater oil spill research and the urgent
need to develop equipment, technologies, and techniques to
mitigate and respond to this threat. In accordance with Public
Law 115-282, the Committee urges the Coast Guard to prioritize
a location for the Center of Expertise that has established
infrastructure, including deep-water berths for large vessels,
along with laboratories and facilities for freshwater microbial
research.
Coast Guard Museum.--Current law authorizes the use of
funds to preserve and protect Coast Guard artifacts, as well as
for the design, fabrication, and installation of exhibits or
displays in which these artifacts are included. Prior to the
obligation of funds associated with the Museum, the Coast Guard
is directed to brief the Committee on a plan for the use of
these funds.
Cybersecurity and Information Technology (IT)
Infrastructure.--The recommendation includes the requested
$16,181,000 to invest in Cybersecurity and IT Infrastructure
Security. Modernization efforts of the Coast Guard's Enterprise
Mission Platform will focus on an adaptable architecture and
seek efficiencies across the agency.
Natural Disaster Resiliency.--The Committee is concerned
about the risks posed by natural disasters, including tsunamis,
to Coast Guard stations and directs the Coast Guard to develop
a plan to mitigate such risks and improve the resiliency of
these stations.
Powered Ascenders for Rotary-Wing Fleet.--The Committee
recognizes the importance of redundant systems for aviation
rescue operations and encourages the Coast Guard to consider
equipping its rotary-wing aircraft with light-weight, portable,
powered ascenders with lift capacity equivalent to conventional
rescue hoists.
STEM Education.--The Committee urges the Coast Guard to
engage with the Department of Defense to leverage opportunities
to build-out efforts in cooperation with museums, schools, and
other nontraditional classroom settings on limnology and
oceanographic programs that support science, Technology,
Engineering, and Mathematics education through regional
headquarters, and consider expending these programs with
minority-serving institutions.
Tatoosh Island Lighthouse.--The Committee commends the
Coast Guard for its ongoing, constructive dialog with the Makah
Indian Tribe relating to the stabilization and repair of the
historic 1857 Cape Flattery Lighthouse and Fog Signal Building.
The lighthouse is Washington State's second oldest and is
located on Tatoosh Island at the most northwestern point of the
lower 48 states. The Committee is hopeful that development and
implementation of a Memorandum of Understanding between the
Coast Guard and the Makah Tribe will help ensure these iconic
maritime structures are properly cared for such that they
remain a part of our heritage for future generations to enjoy.
Vehicles on Ferries.--The Committee encourages the Coast
Guard to coordinate with state, and local authorities in
implementing 46 CFR 78.40-5, regarding the securing of vehicles
on ferries, to allow for appropriate exceptions that provide
for the health and safety of individuals with disabilities and
other special needs.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2019....................... $2,248,260,000
Budget request, fiscal year 2020...................... 1,234,656,000
Recommended in the bill............................... 1,972,256,000
Bill compared with:
Appropriation, fiscal year 2019..................... -276,004,000
Budget request, fiscal year 2020.................... +737,600,000
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
Cutter Boats.--The recommendation includes $10,800,000
above the requested level to procure four combat craft assault
vessels for the MSRTs (two per team) to address mission
capability requirements and standardize the mix of vessels
across both units.
Fast Response Cutter (FRC).--The recommendation provides
$290,000,000 for five FRCs, $150,000,000 above the request.
Ice Breaking Vessels.--The Committee recognizes that Polar
icebreakers are essential to securing the nation's security and
economic interests in the polar regions. The Committee was
pleased that the Coast Guard recently awarded a contract for
the first Polar Security Cutter (PSC) with funding appropriated
in fiscal year 2019 and looks forward to updates on the
execution of the contract to inform the planning for the next
phase of the program. The recommendation includes $135,000,000
for this program, $100,000,000 above the request, for long lead
time materials for a second PSC.
The Committee notes that $10,000,000 has been appropriated
in prior fiscal years for survey and design of a Great Lakes
Icebreaker. The Committee encourages the Coast Guard to explore
whether the acquisition of medium icebreakers that are at least
as capable as USCGC MACKINAW could fulfill mission requirements
in both the polar regions and the Great Lakes.
In-Service Vessel Sustainment.--The recommendation provides
$91,400,000, which includes $13,500,000 above the requested
level to provide long lead time materials for the Medium
Endurance Cutter service life extension program to maintain
operational capacity of the fleet until delivery of the
Offshore Patrol Cutters.
National Security Cutter (NSC).--Although the original
program of record for procuring NSCs included only eight
vessels, Congress has funded eleven NSCs to-date. The Committee
is aware of the potential requirement for one additional NSC as
the Coast Guard reassesses its fleet requirements, and that the
discontinuation of the NSC production line could result in
increased production costs in the future if the Coast Guard
ultimately determines that a twelfth NSC is required. In order
to preserve the option of procuring an additional NSC while the
Coast Guard evaluates its future needs, the recommendation
includes an increase above the request of $100,500,000 for the
NSC program, an amount sufficient to procure long lead time
materials for a twelfth NSC if the Coast Guard determines it is
needed.
Aircraft
HC-130J Acquisition/Conversion/Sustainment.--The
recommendation provides $205,000,000 for two HC-130J long range
surveillance aircraft, which will support the production and
missionization of the seventeenth and eighteenth planes as part
of an acquisition program goal of twenty-two aircraft.
Procuring two HC-130Js in a fiscal year provides efficiencies
and cost savings compared to acquiring only one per year, while
accelerating fleet modernization.
The recommendation also includes an additional $10,000,000
for initial spare parts for remote locations where spare parts
inventory is required to maintain operational availability.
Long Range Command and Control Aircraft.--The
recommendation includes $70,000,000 for a long range command
and control aircraft to replace a currently leased asset. This
procurement is expected to provide significant cost savings
over the over the life of the aircraft.
MH-60T Helicopters.--The Coast Guard's MH-60T helicopters
perform a critical and often life-saving role on a daily basis.
The Committee is aware that the current fleet of MH-60T
helicopters is nearing the end of its service life and looks
forward to being briefed on the outcome of the needs assessment
for the program that is currently underway.
Shore Facilities and Aids to Navigation
Major Construction; Housing; Aids-to-Navigation; and Survey
& Design.--The recommendation includes $129,800,000, which
includes $77,800,000 above the request to support Coast Guard
personnel and families by funding facilities on the Coast
Guard's Housing, Family Support, Safety, and Training
Facilities Unfunded Priority List.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2019....................... $20,256,000
Budget request, fiscal year 2020...................... 4,949,000
Recommended in the bill............................... 4,949,000
Bill compared with:
Appropriation, fiscal year 2019..................... -15,307,000
Budget request, fiscal year 2020.................... - - -
HEALTH CARE FUND CONTRIBUTION\1\
Appropriation, fiscal year 2019....................... $199,360,000
Budget request, fiscal year 2020...................... 205,107,000
Recommended in the bill............................... 205,107,000
Bill compared with:
Appropriation, fiscal year 2019..................... +5,747,000
Budget request, fiscal year 2020.................... - - -
\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 2019....................... $1,739,844,000
Budget request, fiscal year 2020...................... 1,802,309,000
Recommended in the bill............................... 1,802,309,000
Bill compared with:
Appropriation, fiscal year 2019..................... +62,465,000
Budget request, fiscal year 2020.................... - - -
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 2019....................... $2,248,159,000
Budget request, fiscal year 2020...................... 2,308,977,000
Recommended in the bill............................... 2,447,748,000
Bill compared with:
Appropriation, fiscal year 2019..................... +199,589,000
Budget request, fiscal year 2020.................... +138,771,000
Mission
The United States Secret Service (USSS) 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 2019....................... $2,148,528,000
Budget request, fiscal year 2020...................... 2,241,733,000
Recommended in the bill............................... 2,380,504,000
Bill compared with:
Appropriation, fiscal year 2019..................... +231,976,000
Budget request, fiscal year 2020.................... +138,771,000
The recommendation includes $6,883,000 above the request to
support the annualization of the 2019 pay raise and $33,908,000
to fund a 2020 pay raise of 3.1 percent.
The recommendation also includes the following increases
above the request: $7,500,000 for overtime pay; $1,324,000 to
annualize funding for additional personnel hired in fiscal year
2019; $11,900,000 for additional retention initiatives;
$784,000 to sustain fiscal year 2019 funding levels for
forensic and investigative support related to missing and
exploited children; $3,600,000 for Electronic Crimes Task Force
Modernization; $20,000,000 for radio modernization; $21,022,000
for basic and advanced computer forensics training for state
and local law enforcement officers, judges, and prosecutors in
support of the Secret Service mission; $12,482,000 for fleet
vehicle modernization; $9,518,000 for travel; and $9,850,000
for permanent change of station costs.
Within the total amount provided, the bill makes
$39,783,000 available until September 30, 2021, of which
$11,400,000 is for the James J. Rowley Training Center;
$5,863,000 is for Operational Mission Support (OMS); $4,500,000
is for NSSE and $18,000,000 is for protective travel. As
directed in House Report 115-239, USSS should attempt to fully
obligate its O&S funding during the fiscal year, including
projects supported by OMS.
Electronic Crimes.--The Committee notes that the Secret
Service is a lead federal agency in the effort to protect U.S.
consumers, banks, and small businesses from complex, cyber-
enabled financial crimes. This includes such crimes as Business
Email Compromise scams, network intrusions, online identity
theft, and credit card ``skimming.''
Skimming involves the installation of electronic devices,
typically at gas station pumps or ATM machines, that steal
encoded information from debit and credit cards. The Committee
is concerned about the growing threat to consumers posed by
skimming, and encourages the Secret Service, in partnership
with the Federal Trade Commission, law enforcement officials
and gas station owners, to sustain and strengthen efforts to
educate the public about skimming, to conduct anti-skimming
investigations, and to apprehend the criminals responsible.
The Committee recognizes the efforts of the Secret
Service's Financial and Electronic Crimes Task Forces to combat
skimming across the United States, as well as the work of the
National Computer Forensics Institute (NCFI) to train and equip
state, local, and tribal law enforcement communities to
effectively investigate and prosecute electronic crimes,
including skimming. To help address these concerns, the
Committee includes $3,600,000 for electronic crimes task force
modernization, in addition to funds provided for NCFI.
National Computer Forensics Institute.--The recommendation
includes $25,022,000 for continued support of the NCFI, which
is $21,022,000 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.
Support to Missing and Exploited Children.--The
recommendation 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.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2019....................... $97,131,000
Budget request, fiscal year 2020...................... 56,289,000
Recommended in the bill............................... 56,289,000
Bill compared with:
Appropriation, fiscal year 2019..................... -40,842,000
Budget request, fiscal year 2020.................... - - -
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2019....................... $2,500,000
Budget request, fiscal year 2020...................... 10,955,000
Recommended in the bill............................... 10,955,000
Bill compared with:
Appropriation, fiscal year 2019..................... +8,455,000
Budget request, fiscal year 2020.................... - - -
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 fee revenue collected from certain arriving
passengers.
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 DHS from establishing a border crossing fee.
Section 208. 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 209. The Committee includes a new provision that
requires ICE to provide information and statistics about the
287(g) program.
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 includes a new provision that
restricts the Department's authority to use contracts for
detention services that do not have fixed termination dates.
Section 212. The Committee continues a provision clarifying
that certain elected and appointed officials are not exempt
from federal passenger and baggage screening.
Section 213. The Committee continues a provision directing
the deployment of explosive detection systems based on risk and
other factors.
Section 214. The Committee continues a provision
authorizing TSA to use funds from the Aviation Security Capital
Fund for the procurement and installation of explosive
detection systems or for other purposes authorized by law.
Section 215. 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 216. 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 217. The Committee continues a provision requiring
submission of a future-years capital investment plan.
Section 218. The Committee continues a provision allowing
the Secret Service to obligate funds in anticipation of
reimbursement for personnel receiving training.
Section 219. 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 when the Director has
entered into a reimbursable agreement for such protection
services.
Section 220. The Committee continues a provision related to
the reprogramming of funds within ``United States Secret
Service--Operations and Support''.
Section 221. 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 222. The Committee continues a provision
prohibiting the obligation of funds prior to the submission of
an expenditure plan for funds made available for ``U.S. Customs
and Border Protection--Procurement, Construction, and
Improvements.''
Section 223. The Committee continues a provision
prohibiting ICE from removing sponsors or potential sponsors of
unaccompanied children based on information provided by the
Office of Refugee Resettlement as part of the sponsor's
application to accept custody of an unaccompanied child, except
when that information meets specified criteria.
Section 224. The Committee continues and modifies a
provision that requires ICE to provide statistics about its
detention population.
Section 225. The Committee continues and modifies a
provision allocating funds within CBP's Procurement,
Construction, and Improvements account for specific purposes
and directs an updated risk-based plan for improving security
along the borders of the United States.
Section 226. The Committee continues and modifies a
provision prohibiting the construction of border security
barriers in specified areas.
Section 227. The Committee includes a new provision
prohibiting the construction of physical barriers along the
southern land border except by using amounts made available for
such purposes by prior appropriations Acts.
Section 228. The Committee includes a new provision that
limits funding for ICE enforcement and removal operations but
makes available additional funds in the event of a border
migration surge.
Section 229. The Committee includes a new provision
allowing for death gratuity payments to be made by the Coast
Guard in the absence of an annual appropriation.
Section 230. The bill contains a new provision preventing a
lapse in the current collective bargaining agreement between
TSA and Transportation Security Officers pending the completion
of a new agreement.
Section 231. The Committee includes a new provision
directing the submission of a report on the Migrant Protection
Protocols program.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
Appropriation, fiscal year 2019....................... $1,681,757,000
Budget request, fiscal year 2020...................... 1,608,150,000
Recommended in the bill............................... 2,016,212,000
Bill compared with:
Appropriation, fiscal year 2019..................... +334,455,000
Budget request, fiscal year 2020.................... +408,062,000
Mission
The Cybersecurity and Infrastructure Security Agency (CISA)
is responsible for enhancing the security of the nation's
physical and cyber infrastructure and interoperable
communications systems; safeguarding and securing cyberspace;
and strengthening national preparedness and resilience.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2019....................... $1,345,802,000
Budget request, fiscal year 2020...................... 1,278,550,000
Recommended in the bill............................... 1,530,740,000
Bill compared with:
Appropriation, fiscal year 2019..................... +184,938,000
Budget request, fiscal year 2020.................... +252,190,000
The recommendation includes the following increases above
the request: $6,832,000 to restore proposed cuts for the 2019
pay raise; $2,277,000 to support the annualization of the 2019
pay raise; and $7,917,000 for the 2020 pay raise.
Cybersecurity
The recommendation includes the following increases above
the request to sustain fiscal year 2019 investments: $3,000,000
for increased cybersecurity services for the non-election
critical infrastructure sectors; $7,971,000 to fully fund
cybersecurity advisors; and $3,600,000 to accelerate deployment
of Continuous Diagnostics and Mitigation (CDM) to federal
departments and agencies. The recommendation also includes
increases of $10,000,000 to support expansion of CISA Regional
Operations and $26,000,000 to continue expansion of a
cybersecurity shared services office, including Security
Operations Center as-a-Service and Bug Bounty as-a-Service.
Cybersecurity Advisors Increase.--The Committee is
concerned that significant cybersecurity vulnerabilities
persist at the state, local, tribal, and territorial (SLTT) and
private sector levels, as evidenced by recent cyber-attacks in
Baltimore, MD and Atlanta, GA. Accordingly, the recommendation
includes $10,000,000 above the request to increase the number
of CISA's regionally-deployed cybersecurity advisors, which
will allow CISA to engage a larger number and broader set of
regional stakeholders, help those stakeholders understand risk
to their systems, and connect those stakeholders with
cybersecurity and infrastructure protection services that can
help identify and mitigate those risks.
Cybersecurity Briefings.--The Committee directs CISA to
continue providing the semiannual National Cybersecurity
Protection System (NCPS) program and CDM program briefing
described in House Report 116-9. In addition to those
requirements, the briefing shall also include a detailed
description of the cybersecurity services that CISA provides or
is planning to provide to agencies at no-cost, a reduced cost,
or under a shared-services model. Further, in collaboration
with the Office of Management and Budget (OMB) and other
agencies, as needed, this briefing shall also provide a full
description of the CDM and NCPS capabilities currently
deployed; the gaps remaining; and funding levels by agency, for
the prior fiscal year, the current fiscal year, and the budget
year for each capability.
Cybersecurity Workforce.--The Committee continues to be
concerned about the growing cybersecurity workforce gap in our
country. Not later than 120 days after the date of enactment of
this Act, the Committee directs CISA, in collaboration with
OMB, the Office of Personnel Management, and other agencies and
organizations with equities in this issue, to update the
Committee on the deliverables required in the ``Solving the
Federal Cybersecurity Workforce Shortage'' proposal and the
Executive Order on America's Cybersecurity Workforce. These
activities cover the following focus areas: K-12 through post-
secondary education; training and development programs;
recruitment strategies; and competitiveness challenges facing
public sectors. The update should address how these activities
will create pathways to train and develop individuals seeking
to enter the cybersecurity field, particularly those who may
currently be underrepresented in the field, including veterans,
minorities, and women. It should also include a description of
the roles and responsibilities of each federal agency that
currently provides resources in this area, together with a
funding history for fiscal years 2017 through 2019 and their
respective funding requests for fiscal year 2020.
Election Infrastructure Security Initiative (EISI).--The
recommendation includes $24,071,000 for EISI, as requested. In
preparation for the 2020 elections, the Committee encourages
CISA to improve National Cybersecurity and Communications
Integration Center (NCCIC) operational efficiency and
coordination, especially with National Guard units that have
advanced cybersecurity skills. This effort should include
process improvements and increased capability to support
training, risk assessments, and incident response or other
needs of state and local governments.
Federal Cybersecurity.--The recommendation includes an
increase above the request of $17,000,000 to accelerate data
protection and dashboard deployment for the CDM program, of
which not less than $3,000,000 shall be for endpoint
protection. The Committee directs CISA to continue pilot
programs within CDM that extend incident detection and
prevention to federal endpoints. The pilot programs should
focus on leveraging emerging technologies like cloud-based
endpoint protection platform solutions, including detection and
response, that can promote enhanced defenses and continuous
threat hunting across the federal enterprise. The Committee
also encourages CISA to evaluate the efficacy and feasibility
of incorporating ``break and inspect'' capabilities into the
CDM architecture to address challenges associated with
inspecting and securing encrypted network traffic at scale
without a material degradation in performance.
The Committee is concerned with the security implications
of an increasingly modern federal workforce, which includes
more remote employees, enhanced mobility, and an increased
focus on cloud technologies. CISA is directed to brief the
Committee not later than 180 days after the date of enactment
of this Act on a detailed plan to modernize CDM and NCPS to
ensure they remain operationally effective given changing
trends in technology, the federal workforce, threats, and
vulnerabilities. The briefing shall include: (1) a long-term,
strategic vision for the program to ensure that CDM and NCPS
capabilities continue to develop and evolve in an agile manner
to address contemporary technology use and vulnerabilities and
combat emerging cybersecurity threats; (2) an assessment of
whether emerging private sector technologies that focus on
securing endpoints could integrate with existing program
capabilities to enhance the overall effectiveness of CDM and
NCPS; and (3) preliminary results from all CDM and NCPS-related
pilot programs.
Industrial Control Systems (ICS).--The recommendation
includes an increase of $11,400,000 above the request to
sustain fiscal year 2019 enhancements for training, malware
analysis, safety systems vulnerability analysis, incident
response, and assessments of ICS in emerging sectors and
subsectors.
The recommendation also includes an increase of $10,000,000
above the request for risk analyses of ICS, to include water
ICS, in the Integrated Operations PPA. The conferees continue
to encourage the National Risk Management Center (NRMC) to use
commercial, human-led threat behavioral analysis and
technology, and 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.
Without prejudice, the recommendation does not include the
requested $11,000,000 for a new CyberSentry pilot program. The
Committee will work with CISA to better understand the long-
term vision and sustainability of the program; a plan for
determining which critical infrastructure providers would be
eligible to participate in the program; the relationship of
capabilities of this program to similar capabilities provided
by other federal entities, such as the NRMC, the Department of
Energy's Cybersecurity Risk Information Sharing Program, and
the Department of Defense (DoD) and DHS pathfinder initiatives;
the actionable capabilities gained by providing CISA with
direct, real-time network information; and the impact on the
private sector if CISA were to provide these products and
services directly to a subset of critical infrastructure sector
entities.
Further, within 120 days of the date of enactment of this
Act, CISA is directed to brief the Committee on a comprehensive
ICS cybersecurity strategy, which shall include an evaluation
of threats and vulnerabilities facing ICS; a five-year
operating plan for addressing such threats and vulnerabilities;
and a comprehensive description of all existing DHS ICS-related
levels of effort, including any proposed new activities, such
as the CyberSentry program. The briefing shall also provide an
evaluation of the effectiveness of existing federal efforts and
a recommendation on strategies to further protect ICS from
attack.
National Cybersecurity and Communications Integration
Center (NCCIC).--The recommendation includes an increase of
$58,500,000 to help reduce the NCCIC's current 12-month backlog
of requested vulnerability assessments; and an increase of
$34,000,000 to improve the NCCIC's identification and pursuit
of threat actors in federal, state, local, tribal, territorial,
and critical infrastructure networks and better defend U.S.
assets from cyber intrusions.
State, Local, Tribal, and Territorial (SLTT)
Partnerships.--The Committee looks forward to the briefing
described in House Report 116-9 regarding partnerships between
and among federal, state, local, and private entities on the
use of testing and modeling to evaluate cybersecurity
vulnerabilities in critical infrastructure. Not later than 120
days after the date of enactment of this Act, CISA is directed
to brief the Committee on federal and non-federal resources
necessary to enable SLTT governments to identify, detect,
protect, respond to, and recover from cyber-attacks, to include
an assessment of the scope of SLTT needs and how National Guard
Cyber Forces can contribute to those efforts. The Committee
encourages the Department to examine the viability of
coordinating with existing DoD and Department of Justice
cybersecurity operations centers to improve operational
capabilities and active defenses.
Infrastructure Protection
The recommendation includes the following increases above
the request to sustain fiscal year 2019 investments: $4,650,000
for regionalization efforts to improve service delivery to the
field; and $1,200,000 for the Office of Bombing Prevention's
train-the-trainer initiative. The recommendation also includes
an increase of $7,900,000 above the request to continue to
support CISA's regionalization effort.
Soft Targets and Crowded Places.--The recommendation
includes $5,000,000 above the request to continue CISA's
efforts to improve the security of soft targets and crowded
places, including its stewardship of the Federal School Safety
Clearinghouse, the expansion of existing school security
activities, and an additional focus on the unique threats that
face national historic landmarks, especially those that serve
as event spaces for large crowds and public venues that face a
high risk due to being frequented by high profile attendees.
Emergency Communications
The recommendation includes an increase of $10,000,000
above the request for the Homeland Security Interoperability
Modernization Initiative 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
DHS to access the resources necessary to deploy the
Interoperable Gateway System throughout the continental United
States and the Caribbean, with the goal of providing a single,
department-wide communications platform.
Integrated Operations
The recommendation includes the following increases above
the request to sustain fiscal year 2019 investments: $9,738,000
for the National Infrastructure Simulation Analysis Center;
$1,700,000 for the software assurance program; $2,000,000 to
continue efforts to ensure the integrity of supply chains; and
$775,000 to support regionalization efforts to improve service
delivery to the field. The recommendation also includes
increases above the request of $3,500,000 to continue CISA's
regionalization effort and $15,000,000 to continue developing
CISA's supply chain analysis capabilities, including:
developing a robust supply chain risk scoring methodology;
purchasing data sources necessary to score the methodology;
providing appropriate analysis and tools to government and
private sector partners; assessing the risk of continuing to
use hardware and software products developed by untrusted
manufacturers; identifying and characterizing security issues
associated with 5G network technology; and engaging critical
infrastructure stakeholders on how to manage associated risk.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2019....................... $322,829,000
Budget request, fiscal year 2020...................... 299,078,000
Recommended in the bill............................... 474,041,000
Bill compared with:
Appropriation, fiscal year 2019..................... +151,212,000
Budget request, fiscal year 2020.................... +174,963,000
Cybersecurity
Federal Cybersecurity.--The recommendation includes
$134,963,000 above the request for the CDM program, of which
$60,000,000 is to accelerate data protection and dashboard
development; $51,863,000 is to support federal network
infrastructure evolution and modernization to address federal
network design challenges that inhibit CISA's ability to defend
the federal enterprise; $14,000,000 is to accelerate deployment
of mobile device protections; and $9,100,000 is for additional
CDM enhancements, such as dashboard visualization to better
enable agency security officers and federal critical
vulnerability management analysts to identify and mitigate
problems according to their severity.
The recommendation also includes $40,000,000 for NCPS to
establish and operate a centralized Federal Domain Name System
egress service.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2019....................... $13,126,000
Budget request, fiscal year 2020...................... 30,522,000
Recommended in the bill............................... 11,431,000
Bill compared with:
Appropriation, fiscal year 2019..................... -1,695,000
Budget request, fiscal year 2020.................... -19,091,000
Cybersecurity
The requested $24,091,000 for cybersecurity research and
development to support CISA requirements is included in the
Science and Technology Directorate's Research and Development
account.
Infrastructure Protection
The recommendation includes an increase of $5,000,000 above
the request 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 2019....................... $16,551,633,000
Budget request, fiscal year 2020...................... 18,007,565,000
Recommended in the bill............................... 18,903,528,000
Bill compared with:
Appropriation, fiscal year 2019..................... +2,351,895,000
Budget request, fiscal year 2020.................... +895,963,000
Note: These amounts 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 2019....................... $1,066,258,000
Budget request, fiscal year 2020...................... 1,115,203,000
Recommended in the bill............................... 1,146,686,000
Bill compared with:
Appropriation, fiscal year 2019..................... +80,428,000
Budget request, fiscal year 2020.................... +31,483,000
The recommendation includes the following increases above
the request: $1,947,000 to annualize the 2019 pay raise;
$13,083,000 for a 2020 pay raise; $12,159,000 to maintain
current services; and $4,294,000 for Preparedness and
Protection enhancements.
Preparedness and Protection
The recommendation includes the following increases above
the request: $851,000 for Continuity of Operations Satcom
Terminals and Networking; $1,201,000 to build a non-
commercially dependent IT communications architecture; and
$2,242,000 to ensure High Frequency communications system
performance and survivability for 82 Stations across the
country.
Response and Recovery
Urban Search and Rescue (USAR).--The Committee recommends
the requested funding level for the USAR to fully support the
28 USAR Task Forces, including resources to recapitalize
critical communications equipment necessary to conduct life-
saving search and rescue operations and to sustain swift water
and chemical, biological, radiological, and nuclear rescue
operations.
Mission Support
Interoperable Communications.--The Committee encourages the
Administrator to conduct a review of the feasibility of using
commercial off-the-shelf, mobile mesh networking technology to
ensure communications and interoperability between federal,
state, and local emergency responders during disasters response
efforts.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2019....................... $133,830,000
Budget request, fiscal year 2020...................... 113,663,000
Recommended in the bill............................... 113,663,000
Bill compared with:
Appropriation, fiscal year 2019..................... -20,167,000
Budget request, fiscal year 2020.................... - - -
The recommendation includes: $9,620,000 for modernization
of the Integrated Public Alert Warning System; $36,496,000 for
construction and facility improvements for the Mount Weather
Emergency Operations Center; $3,000,000 for facility
renovations; $8,383,000 for enterprise data and analytics
modernization; $8,058,000 for financial systems modernization;
$42,106,000 for the Grants Management Modernization program;
and $6,000,000 for the purchase of Mobile Emergency Office
Vehicles.
FEDERAL ASSISTANCE
Appropriation, fiscal year 2019....................... $3,094,210,000
Budget request, fiscal year 2020...................... 2,480,015,000
Recommended in the bill............................... 3,344,495,000
Bill compared with:
Appropriation, fiscal year 2019..................... +250,285,000
Budget request, fiscal year 2020.................... +864,480,000
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 $331,939,000 $625,000,000
Grant Program............
(Operation - - - (90,000,000)
Stonegarden).........
(Nonprofit Security).. - - - (40,000,000)
(Tribal Homeland - - - (15,000,000)
Security Grant
Program).............
Urban Area Security 426,461,000 700,000,000
Initiative...............
(Nonprofit Security).. - - - (50,000,000)
Public Transportation 36,358,000 110,000,000
Security Assistance......
(Amtrak Security)..... - - - (10,000,000)
(Other-the Road Bus - - - (3,000,000)
Security)............
Port Security Grants...... 36,358,000 110,000,000
Assistance to Firefighter 344,344,000 375,000,000
Grants...................
Staffing for Adequate Fire 344,344,000 375,000,000
and Emergency Response...
Emergency Management 279,335,000 375,000,000
Performance Grants.......
National Priority Security 430,350,000 - - -
Grant Program............
National Predisaster - - - - - -
Mitigation Fund..........
Flood Hazard Mapping and 100,000,000 263,000,000
Risk Analysis Program....
Emergency Food and Shelter - - - 130,000,000
-------------------------------------
Subtotal, Grants...... 2,329,489,000 3,063,000,000
Education, Training, and
Exercises:
Center for Domestic 66,072,000 67,058,000
Preparedness.............
Center for Homeland - - - 18,000,000
Defense and Security.....
Emergency Management 19,093,000 21,257,000
Institute................
U.S. Fire Administration.. 46,605,000 47,225,000
National Domestic - - - 101,000,000
Preparedness Consortium..
Continuing Training Grants - - - 8,000,000
National Exercise Program. 18,756,000 18,955,000
-------------------------------------
Subtotal, Education, 150,526,000 281,495,000
Training, and
Exercises............
-------------------------------------
Total, Federal Assistance. $2,480,015,000 $3,344,495,000
------------------------------------------------------------------------
Grants
Assistance to Firefighter Grants.--FEMA is encouraged to
give priority consideration to grants for specialized planning,
training and equipment to firefighters who respond to unique
threats, such as crude oil by rail and ethanol by rail
derailments.
Continuing Training Grants.--The total under this heading
includes $8,000,000 for Continuing Training Grants to support
competitively-awarded training programs to address specific
national preparedness gaps, such as cybersecurity, economic
recovery, housing, and rural and tribal preparedness. Of this
amount, not less than $3,000,000 shall be prioritized to be
competitively awarded for FEMA-certified rural and tribal
training.
Emergency Management Performance Grants (EMPG).--The
Committee encourages FEMA to leverage EMPG funding to support
demonstration projects focused on improved emergency planning
for the elderly, disabled, and homeless, and to facilitate the
sharing of best practices with communities nationwide.
Flood Hazard Mapping and Risk Analysis.--The Committee
supports FEMA's efforts to develop flood insurance rate maps to
accurately identify and communicate risk, including its goal of
having New, Validated, or Updated Engineering (NVUE) for at
least 80 percent of the flood map inventory by fiscal year
2021. The Committee encourages FEMA to continue to prioritize
funding of Light Detection and Ranging (LiDAR) surveys based on
flood risk. The accurate assessment of flood risk is critical
to the development of actuarially justified flood insurance
premiums, which are necessary for the long-term financial
health of the National Flood Insurance Program. The Committee
directs FEMA to provide a briefing, within 180 days of the date
of enactment of this Act, on its process for prioritizing LiDAR
mapping activities and a plan for achieving and maintaining its
80 percent NVUE goal.
Predisaster Hazard Mitigation Program (PDM).--Section 1234
of the Disaster Recovery Reform Act of 2018 (division D of
Public Law 115-254) changed the funding mechanism of PDM from a
line item appropriation to a carve-out of up to 6 percent of
the funds expended annually through the Disaster Relief Fund
and expanded the scope of eligible activities for grants. The
Committee expects FEMA to begin issuing grants as soon as
possible through this new funding mechanism but not later than
fiscal year 2020 and, therefore, does not recommend a separate
funding line for the program in the bill.
The Committee recognizes the effectiveness of non-
structural mitigation, but reminds FEMA that levees, berms, and
other waterflow mitigation structures, including dual-purpose
roadways, are also eligible for PDM funding.
In developing guidance and reviewing applications for
mitigation programs, the Committee directs FEMA to consider the
heightened risks posed to communities by climate change, and
encourages FEMA to prioritize projects to relocate tribal
communities affected by persistent flooding.
The Committee is concerned about reports that for the
fiscal year 2018 PDM program, certain applicants were unable to
participate due to technical difficulties with the application
submission process. FEMA is encouraged to provide technical
assistance to applicants to ensure that technical issues are
not an impediment to submitting future applications.
Presidential Protection 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.
School Safety.--School hardening measures are eligible
activities under the Urban Areas Security Initiative and State
Homeland Security Grants. Funds may be used for bullet
resistant doors and glass, hinge-locking mechanisms, immediate
notification to emergency 911 systems, mechanisms that provide
real time actionable intelligence directly to law enforcement
and first responders, installation of distraction devices or
other countermeasures administered by law enforcement, and
other measures determined to provide significant improvement to
schools' physical security. The Committee encourages FEMA to
work with states and school districts to increase awareness of
these funding opportunities.
Tribal Homeland Security Grant Program (THSGP).--Within the
total for the State Homeland Security Grant Program, the
recommendation includes $15,000,000 for the THSGP, an increase
of $5,000,000 above prior year levels, to help tribes continue
to develop their homeland security and emergency management
capacity. The Committee notes that the development and
production of identification documents compliant with Western
Hemisphere Travel Initiative standards are eligible uses of
THSGP funds.
Urban Area Security Initiative (UASI).--The Implementing
Recommendations of the 9/11 Commission Act of 2007 requires the
FEMA Administrator to conduct an annual assessment of the
relative threat, vulnerabilities, and consequences from acts of
terrorism faced by each of the 100 most populous metropolitan
statistical areas in the United States. Based on this
assessment, the Administrator designates high-risk urban areas
that are eligible for UASI grants. While the factors included
in this assessment are defined in statute, the specific
criteria that inform these factors and the methodology used to
carry out the assessment are at the discretion of the Secretary
and the Administrator, who review them on an annual basis.
The Committee 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. Consistent with prior years, the Department shall limit
UASI funding to urban areas representing up to 85 percent of
the national urban area risk.
The Committee is aware that some urban area boundaries
under UASI cross state borders. FEMA is encouraged to work with
states to ensure that such urban areas take an inclusive,
regional approach to the development and implementation of
their UASI programs that include all components of urban areas
under threat.
DISASTER RELIEF FUND
Appropriation, fiscal year 2019....................... $12,558,000,000
Budget request, fiscal year 2020...................... 14,549,684,000
Recommended in the bill............................... 14,549,684,000
Bill compared with:
Appropriation, fiscal year 2019..................... +1,991,684,000
Budget request, fiscal year 2020.................... - - -
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.
Breastfeeding.--The Committee recognizes that breastfeeding
confers meaningful clinical benefits for babies and mothers
while reducing healthcare costs, and urges FEMA to ensure that
breastfeeding mothers displaced from their primary home
following a disaster have appropriate breastfeeding supplies
and access to appropriate facilities. The Committee encourages
FEMA to continue to make breastfeeding services and supplies
available to mothers of infants through its Critical Needs
Assistance and other programs and to update related guidance as
appropriate.
Duplicative and Conflicting Administrative Requirements.--
The Committee has received reports from state and local
governments of duplicative or conflicting administrative
requirements when federal assistance for a recovery or
mitigation project is provided by more than one federal agency.
The Committee directs FEMA to work with other federal agencies
with disaster recovery or mitigation programs to eliminate
duplicative and conflicting policy and administrative
requirements to the greatest extent permissible by law.
Specifically, federal agencies should collaborate to ensure
common acceptance of prior administrative determinations on the
same or similar disaster recovery or mitigation projects.
Within 60 days of the date of enactment of this Act, FEMA
shall brief the Committee on a plan to work with partner
agencies to eliminate unnecessary administrative burdens on
grant recipients and subrecipients. The plan should include a
discussion on how federal agencies with disaster recovery and
mitigation programs for individuals or communities could better
harmonize or consolidate their application, information
collection, and public reporting processes to improve the
efficiency and transparency of the overall federal disaster
response and recovery effort.
Eligibility Determinations.--The Committee is aware of
concerns that FEMA has not reached reasonable and timely
eligibility determinations for reimbursement requests under the
Public Assistance and hazard mitigation programs, particularly
with respect to requests related to damage from Hurricanes Nate
and Isaac in Jackson County, Mississippi. The Committee directs
FEMA to expedite such determinations and decisions regarding
pending applications.
Hurricane Recovery.--The Committee is concerned about the
pace of recovery from the 2017 Hurricane season, especially in
Puerto Rico and the U.S. Virgin Islands, notwithstanding
additional authority given to FEMA in the Bipartisan Balanced
Budget Act of 2018 (Public Law 115-123) the Disaster Recovery
Reform Act of 2018 (division D of Public Law 115-254), and the
Additional Supplemental Appropriations for Disaster Relief Act,
2019. The Committee urges FEMA to use this authority to work
expeditiously with Puerto Rico and the U.S. Virgin Islands on
recovery projects and directs FEMA to brief the Committee not
less than quarterly on their efforts.
Katrina Deobligations.--The Committee is aware of concerns
regarding continued efforts to de-obligate disaster relief
funds awarded during the recovery from Hurricane Katrina over a
decade ago from cities, counties and localities that have acted
in good faith throughout the recovery process. Congress has
addressed this issue through legislation several times in
recent years, most recently in the Disaster Recovery Reform Act
of 2018 (division D of Public Law 115-254). The Committee
directs FEMA to provide a briefing on the status of the
remaining de-obligation decisions and appeals related to
Hurricane Katrina within 30 days of the date of enactment of
this Act.
Preliminary Damage Assessments.--The Committee is concerned
that FEMA has stopped publishing the reports and summaries of
preliminary damage assessments in accordance with section 531
of the Department of Homeland Security Appropriations Act,
2015, Public Law 114-4. The Committee understands that FEMA
will resume publishing these reports and summaries and
encourages them to do so expeditiously.
Private Property Debris Removal.--The Committee reminds
FEMA that the removal of debris from private residences is an
eligible activity for assistance under section 408 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act. Not later than 180 days after the date of enactment of
this Act, FEMA shall brief the Committee as to whether the
criteria in section 206.48 of title 44, Code of Federal
Regulations for recommending when to provide assistance under
section 408 currently includes the costs of debris removal on
private property and whether any such changes are appropriate.
In addition, the briefing shall include information on the
implementation of section 308.
Public Assistance Project Worksheet Development.--Within 60
days of the date of enactment of this Act, FEMA shall brief the
Committee on its process for development and review of project
worksheets, including an explanation of the stages of the
review; the offices and agencies that review the project
worksheets; and the average length of time for each stage of
review.
Remediation.--The Committee encourages the use of
contractors and subcontractors on FEMA-funded remediation
projects that have appropriate Occupational Safety & Health
Administration certification; are based in, or employ
individuals who live in, a jurisdiction impacted by the
underlying disaster declaration; and are HUBzone-certified.
Resilient Construction.--Section 1235(b) of the Disaster
Recovery Reform Act of 2018 (division D of Public Law 115-254)
requires hazard mitigation projects to adhere to consensus-
based codes, specifications, and standards that incorporate the
latest hazard-resistant designs for residential structures and
facilities. In developing guidance and any rules to implement
this new requirement, FEMA is encouraged to take a neutral
approach to building material type.
Temporary Shelters.--The Committee encourages FEMA to
evaluate alternative rapid response shelters that are more
durable and reusable than those in the current inventory,
including collapsible, hard-walled modular systems with
integrated technologies.
Voluntary Organizations.--The Committee understands that
the catastrophic nature of recent natural disasters, including
Hurricanes Irma, Maria, Florence, and Michael and the
unprecedented western wildfires, has depleted the resources of
some volunteer disaster recovery organizations. The Committee
encourages FEMA to consider the reimbursement and cost-share
needs of such organizations, as appropriate, so that they
maintain readiness for future recovery efforts.
NATIONAL FLOOD INSURANCE FUND
Appropriation, fiscal year 2019....................... $202,153,000
Budget request, fiscal year 2020...................... 206,166,000
Recommended in the bill............................... 206,166,000
Bill compared with:
Appropriation, fiscal year 2019..................... +4,013,000
Budget request, fiscal year 2020.................... - - -
Title III--Administrative Provisions--This Act
Section 301. The Committee continues a provision limiting
expenses for the administration of grants.
Section 302. The Committee continues a provision specifying
timeframes for grant applications and awards.
Section 303. The Committee continues a provision requiring
a five-day advance notification for certain grant awards under
``Federal Emergency Management Agency--Federal Assistance.''
Section 304. The Committee continues a provision addressing
the availability of certain grant funds for the installation of
communications towers.
Section 305. The Committee continues a provision requiring
the submission of a monthly Disaster Relief Fund report.
Section 306. The Committee continues and modifies 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 adds a new provision allowing
for reconsideration of State requests for Individual Assistance
under the Stafford Act.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
Appropriation, fiscal year 2019....................... $142,526,000
Budget request, fiscal year 2020...................... 121,586,000
Recommended in the bill............................... 180,655,000
Bill compared with:
Appropriation, fiscal year 2019..................... +38,129,000
Budget request, fiscal year 2020.................... +59,069,000
Mission
U.S. Citizenship and Immigration Services (USCIS)
adjudicates and grants immigration and citizenship benefits,
confirms eligibility for employment and public services, and
promotes an awareness and understanding of citizenship in
support of immigrant integration. USCIS activities are
primarily funded through fees collected from applicants for
immigration benefits.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2019....................... $109,688,000
Budget request, fiscal year 2020...................... 121,586,000
Recommended in the bill............................... 170,655,000
Bill compared with:
Appropriation, fiscal year 2019..................... +60,967,000
Budget request, fiscal year 2020.................... +49,069,000
Adjudication Backlogs.--Not later than 90 days after the
date of enactment of this Act, USCIS is directed to brief the
Committee on a plan to better address areas with significant
processing delays and an estimate of the resources required to
clear the backlog of applications and petitions for temporary
status, adjustment of status, and naturalization. The plan
should include a strategy for reducing wait times for
adjudication to not more than one year for all applications and
petitions processed by the agency. The briefing shall account
for the resources required to address asylum and refugee
processing backlogs and improve coordination with the
intelligence community to reduce the time required for expanded
vetting of certain refugees.
Application Processing.--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 2019 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 briefing 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.
Employment Status Verification.--The recommendation
includes the following increases above the request for
employment status verification: $607,000 to restore proposed
cuts for the 2019 pay raise; $202,000 to support the
annualization of the 2019 pay raise; and $1,127,000 for the
2020 pay raise.
H-2B and H-2A Visa Programs.--The Committee directs DHS to
administer the H-2B and H-2A visa programs in a manner
consistent with the law and to process applications as quickly
as possible. The Committee directs the Department of Homeland
Security, in consultation with the Department of Labor, the
Department of State, and the U.S. Digital Service, to develop
options to improve processing efficiencies, combat human
trafficking, protect worker rights, and reduce employer burden,
and to provide a briefing of its findings and recommendations
not later than 120 days after the date of enactment of this
Act.
International Operations Division.--The Committee is
concerned about USCIS's plan to reduce its International
Operations Division, particularly given the lack of
congressional and stakeholder engagement, and reminds DHS of
its responsibilities in carrying out the Refugee Act of 1980.
Prior to implementing such plan, USCIS is directed to consult
with relevant stakeholders, to include USCIS personnel, and to
brief the Committee and other congressional committees of
jurisdiction on the rationale for the plan. The briefing shall
include a full accounting of anticipated increased costs,
projected budget savings, and descriptions of how services will
change, and personnel will be impacted.
Naturalization Fee Waivers.--The Committee directs USCIS to
continue the use of fee waivers for applicants who 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 also
directs USCIS to accept any one of the following items as proof
of inability to pay the naturalization application fee:
documentation of receipt of a means-tested public benefit;
documentation of income that is at or below 150 percent of the
federal poverty guidelines at the time of filing; or
documentation of financial hardship, based on extraordinary
expenses or other circumstances. The Committee encourages USCIS
to maintain naturalization fees at an affordable level while
also focusing on reducing the backlog of applicants.
Office of Citizenship.--The recommendation provides
$11,271,000 in discretionary funding above the request for
Office of Citizenship operations in lieu of relying on fee
funding for the office, including: $95,000 for the 2019 pay
raise; $32,000 to support the annualization of the 2019 pay
raise; and $156,000 for the 2020 pay raise. USCIS is directed
to realign this fee funding to help reduce the refugee and
asylum application backlogs.
Not later than 90 days after the date of enactment of this
Act, USCIS is directed to brief the Committee on the
feasibility of initiating a campaign 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. Such information could be
provided verbally by DHS employees; through Automated Passport
Control self-service kiosks or other self-service systems; or
through naturalization messages and materials, including videos
and posters at ports of entry.
Protections for Foreign Workers.--Not later than 120 days
after the date of enactment of this Act, the Secretary, in
consultation with the Secretaries of the Department of Labor
and the Department of State, shall provide a briefing
describing steps taken to implement relevant recommendations in
GAO-15-154, Increased Protections Needed for Foreign Workers,
and any other action taken to address recruitment abuses and
prohibited recruitment fees. The briefing should address: (1)
any guidance, practices, or other actions taken related to the
payment of recruitment fees by workers, including whether
workers are compensated for such fees; (2) whether there is any
loss or denial of visas to workers who paid such fees; (3)
whether DHS notifies other agencies and/or employers when they
learn of recruiters who charge such fees; and (4) whether there
are any enforcement practices, including any instances in which
such actions have led to debarment and/or fines or other
penalties and any policy or practice regarding inter-agency
communications of such actions.
Prohibited Fees.--The Committee directs USCIS to refrain
from imposing fees on any individual filing a humanitarian
petition, including but not limited to a request for asylum,
refugee admission, protection under the Violence Against Women
Act (VAWA), Special Immigrant Juvenile status, or a T or U
visa, or upon any individual who receives humanitarian
protection and subsequently requests adjustment of status or
petitions for another benefit.
Public Charge Rule.--The Committee is concerned about the
potential impacts of the Department's proposed rule entitled,
``Inadmissibility on Public Charge Grounds'' that was entered
in the Federal Register on October 10, 2018 (83 Fed. Reg.
51114) and strongly urges the Department to rescind this
proposal.
Spouse Petitions.--With respect to fiance(e) or spouse
petitions involving a minor party, the Committee directs USCIS
to document the age of the minor party at the time of the
civil/legal marriage, along with the age difference between the
parties, with ages given in months as well as years.
Systematic Alien Verification for Entitlements.--The
recommendation provides discretionary funding of $35,862,000
for the Systematic Alien Verification for Entitlements (SAVE)
program in lieu of relying on fee funding for the program,
including: $335,000 for the 2019 pay raise; $112,000 to support
the annualization of the 2019 pay raise; and $547,000 for the
2020 pay raise. USCIS is directed to realign this fee funding
to help reduce the refugee and asylum application backlogs.
U Visas.--The Committee urges USCIS to hire at least 60
additional U visa adjudicators and to dedicate sufficient
additional resources to U visa adjudication to enable the
review of applications within six months of receipt.
Website Data.--The Committee directs USCIS, in
collaboration with the Department of State and other DHS
components as needed, to provide a briefing on the feasibility
of posting data on its website, including wage and gender data,
for all DHS-administered visa categories, including the J-1 and
OPT categories administered by ICE through the Student and
Exchange Visitor Information System.
FEDERAL ASSISTANCE
Appropriation, fiscal year 2019....................... $10,000,000
Budget request, fiscal year 2020...................... - - -
Recommended in the bill............................... 10,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... +10,000,000
The recommendation includes $10,000,000 above the request
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.
Federal Law Enforcement Training Centers
Appropriation, fiscal year 2019....................... $328,819,000
Budget request, fiscal year 2020...................... 350,935,000
Recommended in the bill............................... 368,091,000
Bill compared with:
Appropriation, fiscal year 2019..................... +39,272,000
Budget request, fiscal year 2020.................... +17,156,000
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 organizations.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2019....................... $277,876,000
Budget request, fiscal year 2020...................... 304,586,000
Recommended in the bill............................... 308,803,000
Bill compared with:
Appropriation, fiscal year 2019..................... +30,927,000
Budget request, fiscal year 2020.................... +4,217,000
The recommendation provides $724,000 above the request for
annualization of the 2019 pay raise, as well as $2,850,000 for
a 2020 pay raise. The recommendation also includes the
requested increase for cybersecurity and information
technology, as well as an expansion of eFLETC capabilities.
Interagency Training Centers.--The Committee is aware of
efforts by the Department and the National Guard to establish
interagency domestic operation training centers, and notes the
success of the Muscatatuck Urban Training Facility in
supporting a wide range of training requirements for Active
Duty service members, the National Guard, other federal
agencies, and domestic law enforcement. The Committee
encourages the Department to continue working with the National
Guard, as well as state and local leaders, to identify
opportunities to expand domestic training locations on federal
or state property, particularly in regions that lack facilities
for training related to active shooters, dense urban terrain,
and cyber and electromagnetic response.
Use of Training Facilities.--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 2019....................... $50,943,000
Budget request, fiscal year 2020...................... 46,349,000
Recommended in the bill............................... 59,288,000
Bill compared with:
Appropriation, fiscal year 2019..................... +8,345,000
Budget request, fiscal year 2020.................... +12,939,000
The recommendation includes funding for modular dormitories
at the Artesia facility and water and sewer enhancements, as
requested and provides $15,771,000 above the request for non-
lethal training ammunition. The recommendation does not include
$2,577,000 requested for modular office space.
Science and Technology Directorate
Appropriation, fiscal year 2019....................... $819,785,000
Budget request, fiscal year 2020...................... 582,117,000
Recommended in the bill............................... 665,680,000
Bill compared with:
Appropriation, fiscal year 2019..................... -154,105,000
Budget request, fiscal year 2020.................... +83,563,000
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 operational end
users at the federal, state, and local levels.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2019....................... $308,520,000
Budget request, fiscal year 2020...................... 278,954,000
Recommended in the bill............................... 314,672,000
Bill compared with:
Appropriation, fiscal year 2019..................... +6,152,000
Budget request, fiscal year 2020.................... +35,718,000
The recommendation rejects the proposed decreases to the
Operations and Support account and provides an additional
$381,000 to annualize the 2019 pay increase and $1,846,000 for
a 2020 pay increase.
Plum Island Animal Disease Center (PIADC).--The Committee
is concerned that plans to potentially sell PIADC to the
highest bidder could result in a use that would be detrimental
to the local community and encourages the Department to limit
the use of the new development to the purposes of research,
education, and conservation.
Public Access to Research.--The Committee commends the
Department on issuing its Plan to Support Increased Public
Access to the Results of research funded by the Federal
Government on December 27, 2016. The Committee urges the
Department to continue its efforts towards full implementation
of the plan and directs S&T to provide an update on its
progress as part of the fiscal year 2021 budget request.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2019....................... $511,265,000
Budget request, fiscal year 2020...................... 303,163,000
Recommended in the bill............................... 351,008,000
Bill compared with:
Appropriation, fiscal year 2018..................... -160,257,000
Budget request, fiscal year 2019.................... +47,845,000
Research, Development, and Innovation
The recommendation includes $24,091,000 above the request
for Research, Development, and Innovation (RD&I) to fund
cybersecurity Research and Development (R&D) in S&T, rejecting
the Administration's proposal to fund these activities within
CISA. Additionally, funding is provided above the requested
level to restore support for the National Urban Security
Technology Laboratory. 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 to
subsequently update the Committee on any changes from the
planned allocation.
Advanced Sensors Technology.--The Committee supports a
focus on critical research areas such as developing and
fielding next generation first responder technology that
utilizes advanced sensors and imaging technologies.
Bi-National Cooperation Pilot.--The Committee encourages
the continuation of the Bi-National Cooperation Pilot, which
includes cooperative efforts on border security, maritime
security, biometrics, cybersecurity, and video analytics.
Biosurveillance Systems.--The Committee supports the DHS
decision to discontinue the BioWatch program, but remains
concerned about the absence of rapid broad spectrum, high-
confidence bio-detection capability to take its place. The
Committee directs S&T and the Countering Weapons of Mass
Destruction Office (CWMD) to provide a joint report to the
Committee, within 60 days of the date of enactment of this Act,
on the status of developing and testing a successor bio-threat
detection system, along with plans to complete development and
field the new capability. The report shall also describe
planned changes to biodetection operations to improve upon the
legacy program and how CWMD and S&T will coordinate their
respective biodetection roles and activities.
Composite Shipping Containers.--The Committee is aware of
Presidential Determination No. 2017-09, which identifies a
critical item shortfall of industrial capacity related to
secure composite shipping containers, and supports S&T efforts
to develop thermoplastic composite materials that reduce costs
and improve intrusion sensor integration.
Countering Small Unmanned Aerial Systems (sUAS).--The
Department's sUAS demonstration site enables the testing and
evaluation of counter sUAS technologies by S&T and its
operational partners, including CBP, the Coast Guard, the
Secret Service, and the First Responders Group. The Committee
directs S&T to provide updates to the Committee on its
activities at the site, including the need for any additional
resources to support counter sUAS efforts.
Counter sUAS at Airports.--The Committee is concerned about
the threat posed by sUAS to air travel in the United States and
abroad, and notes that activity at one of the nation's largest
gateway airports was curtailed in January 2019 because of
illegal sUAS use. As S&T tests counter sUAS at airports, the
Committee encourages the agency to include a variety of airport
sizes in its testing program, including smaller airports
(defined as airports with up to 5 million passengers annually).
Countering Violent Extremism Research.--The Committee
encourages S&T to invest in research to help law enforcement
agencies better understand how to address and combat the
growing problem of violent extremism.
Cybersecurity for Public Utility Sectors.--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 Committee encourages S&T to
continue to establish a testbed to evaluate technologies,
analytic tools, and proposed cybersecurity solutions to
mitigate cybersecurity 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. Funds should 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.
Datacasting Technology.--The Committee encourages S&T, in
consultation with the National Institute for Standards and
Technology, the Corporation for Public Broadcasting, 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.
Department of Energy Labs.--The Committee encourages the
Department to invest in basic research to tackle emerging
threats, particularly in the constantly evolving biothreat
area, in addition to its focus on evaluational testing of
existing technologies. Given the roles of both the Departments
of Homeland Security and Energy in implementing the National
Biodefense Strategy, the Committee further encourages DHS to
fund R&D at the Department of Energy National Labs in
coordination with the National Biodefense Analysis and
Countermeasure Center to provide mission support at the lower
technology readiness levels for biothreat characterization. To
address emerging threats, the Department should continue to
leverage the unique capabilities, R&D expertise, and tools of
the Department of Energy national laboratories, to which the
Homeland Security Act of 2002 gives the Department equal and
unfettered access, when those capabilities don't exist in the
private sector or academia.
Detection Canines.--The Committee encourages S&T to
continue collaborating closely with component end users to
develop canine capabilities that have broad application across
the Homeland Security Enterprise, including a specific focus on
the Person Borne Improvised Explosive Device detection canine.
Intelligent Memory Fabric.--The Committee continues to
recognize the need for testing and evaluation of next
generation information technology platforms. The Committee
urges S&T to explore Intelligent Memory Fabric as a modular,
scalable, and distributed technology that could maintain and
support agency resources from data centers to field levels in
all operational theaters.
Levee and Dam Improvements.--The Committee encourages S&T
to continue the Educational Partnership Agreement between the
U.S. Army Corps of Engineers Engineering Research Development
Center (ERDC) and an academic sedimentation lab that has
experience in cooperative research with the U.S. Department of
Agriculture's Natural Resources Conservation Service to develop
capabilities for maintaining and improving the integrity of our
nation's existing levee and dams systems.
Port and Coastal Surveillance.--The Committee encourages
S&T to conduct research, development, testing, and evaluation
of wind and solar powered unmanned maritime vessels with
surface and subsurface capabilities directly related to
departmental missions, including counter-narcotics; search and
rescue; aids to navigation; marine safety; marine environmental
protection; illegal, unregulated and unreported fishing;
enforcement of laws and treaties; oceanographic research; and
defense readiness.
Silicon Valley Innovation Program.--The Committee supports
the ongoing efforts of S&T's Silicon Valley Innovation Program
and encourages S&T efforts to fund additional ``call''
opportunities, especially in support of CBP.
Soft Targets and Crowded Places.--The Committee understands
the valuable role of Army research partners in helping to adapt
military technologies for soft targets and crowded places
applications and encourages S&T, in collaboration with CISA, to
work with the Army's ERDC and its university partners to
address identified technological needs and requirements for
soft target protection.
Software Assurance Marketplace.--The Committee is aware
that the Software Assurance Marketplace (SWAMP) plays a key
role in reducing software vulnerabilities in the U.S. and has
been successful in advancing the state of software security.
The Committee encourages DHS to continue its investments in
software security through SWAMP.
Spoofing.--The Committee remains concerned about the
practice of spoofing by criminals to commit fraud using
telephones. The Committee encourages the Department to continue
to pursue the development of technologies to combat this
practice and directs S&T to provide a briefing on its current
efforts in this area, as well as on plans for future
technological research and development.
Wildfire Management.--The Committee encourages S&T to apply
predictive analytics to study wildfire ignition, including the
application of advanced artificial intelligence and machine
learning, and to develop new data collection methodologies,
such as crowd sourcing, as indicators for pinpointing high-risk
ignition locations in the wildland urban interface.
University Programs
The Committee recommends $40,500,000 for University
Programs, an increase of $18,754,000 above the request to
continue support for the 10 Centers of Excellence (COEs). S&T
shall notify the Committee 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, disaster-driven displacement, and critical
infrastructure.
Countering Weapons of Mass Destruction Office
Appropriation, fiscal year 2019....................... $434,897,000
Budget request, fiscal year 2020...................... 423,158,000
Recommended in the bill............................... 434,952,000
Bill compared with:
Appropriation, fiscal year 2019..................... +55,000
Budget request, fiscal year 2020.................... +11,794,000
Mission
The Countering Weapons of Mass Destruction (CWMD) Office
leads DHS efforts to develop and enhance programs and
capabilities that defend against WMD and combat bio-threats and
pandemics.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2019....................... $187,095,000
Budget request, fiscal year 2020...................... 212,573,000
Recommended in the bill............................... 180,620,000
Bill compared with:
Appropriation, fiscal year 2019..................... -6,475,000
Budget request, fiscal year 2020.................... -31,953,000
The recommendation includes increases above the request of
$210,000 for the annualization of the 2019 pay raise;
$1,153,000 for the 2020 pay raise; and $5,000,000 for the
National Biosurveillance Integration Center.
Visualization Tool.--The Committee encourages CWMD to
continue its engagement in support of a visualization tool that
incorporates data from state and local entities and 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 2019....................... $100,096,000
Budget request, fiscal year 2020...................... 78,241,000
Recommended in the bill............................... 121,988,000
Bill compared with:
Appropriation, fiscal year 2019..................... +21,892,000
Budget request, fiscal year 2020.................... +43,747,000
The total includes the requested $66,841,000 for the
Radiation Portal Monitor (RPM) Replacement Program; $3,500,000
for the International Rail Program; and $7,900,000 for the
Common Viewer. The total also includes $13,747,000 for the RPM
Program and $27,000,000 for portable detection systems, which
are funded in PC&I instead of in O&S. The recommendation also
includes an increase above the request of $3,000,000 for the
development of a domestic source of high assay, low enriched
uranium target plates for medical isotope production.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2019....................... $83,043,000
Budget request, fiscal year 2020...................... 67,681,000
Recommended in the bill............................... 67,681,000
Bill compared with:
Appropriation, fiscal year 2019..................... -15,362,000
Budget request, fiscal year 2020.................... - - -
FEDERAL ASSISTANCE
Appropriation, fiscal year 2019....................... $64,633,000
Budget request, fiscal year 2020...................... 64,663,000
Recommended in the bill............................... 64,663,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... - - -
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 limiting
the use of A-76 competitions by USCIS.
Section 403. The Committee continues a provision
authorizing FLETC to distribute funds for incurred training
expenses.
Section 404. 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 405. The Committee continues a provision allowing
for the acceptance of funding transfers from other government
agencies for construction of special use facilities.
Section 406. The Committee continues a provision
classifying FLETC instructor staff as inherently governmental
for certain purposes.
Section 407. The Committee includes a new provision
prohibiting the transfer of Immigration Examination Fee Account
revenue for use by U.S. Immigration and Customs Enforcement.
Section 408. The Committee includes a new provision
repealing an authorization to sell the Plum Island Agricultural
Disease Center.
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 out of an appropriation and to augment
an appropriation by not more than 10 percent, 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.
All DHS components shall comply with these reprogramming
and transfer requirements. In addition, the Department shall
submit reprogramming and transfer notifications on a timely
basis and provide complete explanations of the proposed
reprogramming and transfer actions, including detailed
justifications for the increases and offsets, and any specific
impacts 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 full time equivalent 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 by the Department when formulating the budget
request for the budget year or foreseen by Congress when
appropriating funds. When the Department submits a
reprogramming or transfer notification and does not receive
identical responses from the House and the Senate Committees,
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.
A new subsection is included which prohibits transfers
impacting ICE enforcement and removal operations.
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 proposed
in the President's fiscal year 2020 budget request. Funds
provided to the WCF are available until expended. The
Department may only charge components for services directly
provided through the WCF, and may only use such funds for
purposes intended by 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 to the
Committees 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 account, program, project, and activity level. In
addition, the Department shall submit quarterly WCF execution
reports to the Committees that include activity-level detail.
Section 505. The Committee continues a provision providing
that not to exceed 50 percent of unobligated balances from
prior year appropriations for each Operations and Support
appropriation shall have two fiscal years of availability,
subject to section 503 reprogramming requirements.
Section 506. The Committee continues a provision that deems
intelligence activities to be specifically authorized during
fiscal year 2020 until the enactment of an Act authorizing
intelligence activities for fiscal year 2020.
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 and modifies a
provision that consolidates by reference prior-year statutory
provisions related to a contracting officer's technical
representative training 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 use
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 funds in this Act to be used for first-class
travel.
Section 517. 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 518. The Committee continues a provision
prohibiting the use of funds to enter into a federal contract
that does not meet the 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 519. The Committee continues a provision requiring
DHS computer systems to block electronic access to pornography,
except for law enforcement purposes.
Section 520. The Committee continues a provision regarding
the transfer of firearms by federal law enforcement personnel.
Section 521. The Committee continues a provision regarding
funding restrictions and reporting requirements related to
conferences occurring outside of the United States.
Section 522. The Committee continues a provision
prohibiting funds to reimburse any federal department or agency
for its participation in a National Special Security Event.
Section 523. 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 524. 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 525. The Committee continues a provision
authorizing minor procurement, construction, and improvements
under Operations and Support appropriations, as specified.
Section 526. 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 of U.S.
territories that meet certain criteria.
Section 527. 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 528. The Committee continues and modifies a
provision regarding access to detention facilities by members
of Congress or their designated staff.
Section 529. The Committee continues a provision
prohibiting the use of funds to use restraints on pregnant
detainees in DHS custody except in certain circumstances.
Section 530. The Committee continues a provision
prohibiting the use of funds for the destruction of records
related to the sexual abuse or assault of detainees in custody.
Section 531. The Committee continues a provision
prohibiting funds for a Principal Federal Official during a
declared disaster or emergency under the Stafford Act, with
certain exceptions.
Section 532. The Committee includes a new provision
increasing the annual cap on H-2B visas.
Section 533. The Committee includes a new provision
authorizing the use of the H-2A program for agricultural jobs
that are not temporary or seasonal in nature.
Section 534. The Committee includes a new provision that
prohibits the use of funds for various administration policies
and activities.
Section 535. The Committee includes a new provision that
prohibits certain immigration enforcement activities.
Section 536. The Committee includes a provision rescinding
unobligated balances from specified sources.
APPROPRIATIONS CAN BE USED ONLY FOR THE PURPOSES FOR WHICH MADE
Title 31 of the United States Code makes clear that
appropriations can be used only for the purposes for which they
were appropriated as follows:
Section 1301. Application.
(a) Appropriations shall be applied only to the objects for
which the appropriations were made except as otherwise provided
by law.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
The following items are included in accordance with various
requirements of the Rules of the House of Representatives.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
RESCISSION OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
------------------------------------------------------------------------
Account/Activity Rescissions
------------------------------------------------------------------------
Customs and Border Protection--Procurement, 20,000,000
Construction, and Improvement (PC&I) (P.L. 115-141)....
Customs and Border Protection--Procurement, 601,000,000
Construction, and Improvement (PC&I) (P.L. 116-6)......
Customs and Border Protection--Automation Modernization 10,000,000
account 70X0531........................................
Customs and Border Protection--Border Security, Fencing, 10,000,000
Infrastructure, and Technology account 70X0533.........
Customs and Border Protection--Construction account 4,000,000
70X0532................................................
Coast Guard--Acquisition, Construction, and Improvements 500,000
(P.L. 114-113).........................................
Coast Guard--Acquisition, Construction, and Improvements 6,000,000
(P.L. 115-31)..........................................
Coast Guard--Research, Development, Test, and Evaluation 5,000,000
(P.L. 115-141).........................................
------------------------------------------------------------------------
TRANSFER OF FUNDS
Neither the bill nor report contain any provisions that
specifically direct the transfer of funds.
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 (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
Subtitle A--Border, Maritime, and Transportation Security
Responsibilities and Functions
* * * * * * *
Sec. 405. Ombudsman for Immigration Detention.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
Subtitle A--Border, Maritime, and Transportation Security
Responsibilities and Functions
* * * * * * *
SEC. 405. OMBUDSMAN FOR IMMIGRATION DETENTION.
(a) In General.--Within the Department, there shall be a
position of Immigration Detention Ombudsman (in this section
referred to as the ``Ombudsman''). The Ombudsman shall be
independent of Department agencies and officers and shall
report directly to the Secretary. The Ombudsman shall be a
senior official with a background in civil rights enforcement,
civil detention care and custody, and immigration law.
(b) Functions.--The functions of the Ombudsman shall be to--
(1) Establish and administer an independent, neutral,
and confidential process to receive, investigate,
resolve, and provide redress, including referral for
investigation to the Office of the Inspector General,
referral to U.S. Citizenship and Immigration Services
for immigration relief, or any other action determined
appropriate, for cases in which Department officers or
other personnel, or contracted, subcontracted, or
cooperating entity personnel, are found to have engaged
in misconduct or violated the rights of individuals in
immigration detention;
(2) Establish an accessible and standardized process
regarding complaints against any officer or employee of
U.S. Customs and Border Protection or U.S. Immigration
and Customs Enforcement, or any contracted,
subcontracted, or cooperating entity personnel, for
violations of law, standards of professional conduct,
contract terms, or policy related to immigration
detention;
(3) Conduct unannounced inspections of detention
facilities holding individuals in federal immigration
custody, including those owned or operated by units of
State or local government and privately-owned or
operated facilities;
(4) Review, examine, and make recommendations to
address concerns or violations of contract terms
identified in reviews, audits, investigations, or
detainee interviews regarding immigration detention
facilities and services; and
(5) Provide assistance to individuals affected by
potential misconduct, excessive force, or violations of
law or detention standards by Department of Homeland
Security officers or other personnel, or contracted,
subcontracted, or cooperating entity personnel.
(c) Access to Detention Facilities.--The Ombudsman or
designated personnel of the Ombudsman, shall be provided
unfettered access to any location within each such detention
facility and shall be permitted confidential access to any
detainee at the detainee's request and any departmental records
concerning such detainee.
(d) Coordination With Department Components.--
(1) In general.--The Director of U.S. Immigration and
Customs Enforcement and the Commissioner of U.S.
Customs and Border Protection shall each establish
procedures to provide formal responses to
recommendations submitted to such officials by the
Ombudsman within 60 days of receiving such
recommendations.
(2) Access to information.--The Secretary shall
establish procedures to provide the Ombudsman access to
all departmental records necessary to execute the
responsibilities of the Ombudsman under subsection (b)
or (c) not later than 60 days after a request from the
Ombudsman for such information.
(e) Annual Report.--The Ombudsman shall prepare a report to
Congress on an annual basis on its activities, findings, and
recommendations.
* * * * * * *
----------
SECTION 540 OF DIVISION D OF THE CONSOLIDATED SECURITY, DISASTER
ASSISTANCE, AND CONTINUING APPROPRIATIONS ACT, 2009
[Sec. 540. Notwithstanding any other provision of law, should
the Secretary of Homeland Security determine that the National
Bio and Agro-defense Facility be located at a site other than
Plum Island, New York, the Secretary shall liquidate the Plum
Island asset by directing the Administrator of General Services
to sell through public sale all real and related personal
property and transportation assets which support Plum Island
operations, subject to such terms and conditions as necessary
to protect government interests and meet program requirements:
Provided, That the gross proceeds of such sale shall be
deposited as graphicting 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 which shall not exceed 1
percent of the sale price: Provided further, That after the
completion of construction and environmental remediation, the
unexpended balances of funds appropriated for costs in the
preceding proviso shall be available for transfer to the
appropriate account for design and construction of a
consolidated Department of Homeland Security Headquarters
project, excluding daily operations and maintenance costs,
notwithstanding section 503 of this Act, and the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified 15 days prior to such transfer.]
----------
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.
[(b) The proceeds of such sale described in subsection (a)
shall be deposited as graphicting 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.]
Compliance With Rule XIII, Clause 3(f)(1) (Changes in the Application
of Existing Law)
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 the
operations and support of the Office of the Secretary and for
the executive management offices, including funds for an
Ombudsman for Immigration Detention and 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 funds, with
availability for three or five years, for procurement,
construction, and improvements, including five-year funding for
the Department headquarters consolidation.
FEDERAL PROTECTIVE SERVICE
The Committee includes language making funds available
until expended for the operations of the Federal Protective
Service.
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, as well as funds for
facility needs associated with secure space at fusion centers.
Office of Inspector General
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the
Office of Inspector General, including certain confidential
operational expenses such as the payment of informants.
Administrative Provisions
Language requiring a report on grants or contracts awarded
by means other than full and open competition, and requiring
the Inspector General to review such grants or contracts 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 to notify the Committees
of any proposed transfers from the Department of Treasury
Forfeiture Fund to any agency at DHS, and prohibiting the use
of such funds for border security infrastructure.
Language related to official costs of the Secretary and
Deputy Secretary.
Language amending the Homeland Security Act of 2002 to
establish an Immigration Detention Ombudsman.
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 abroad;
Harbor Maintenance Fee collections; customs officers; 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. The Committee provides three-year and five-
year availability of funds for these activities.
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 to
include funds for facilities repair and maintenance projects.
The Committee provides three-year availability of funds for
these activities.
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. The Committee
provides two-year availability of funds for these activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three-year availability of funds for these activities.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides three-year
availability of funds for these activities.
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; environmental compliance
and restoration; and defense-related activities. The Committee
includes language authorizing funds to be derived from the Oil
Spill Liability Trust Fund. The Committee provides two-year and
five-year availability of funds for certain activities.
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 and the Coast Guard
Housing Fund. The Committee provides five-year availability of
funds for these purposes.
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. The
Committee provides two-year availability of funds for these
purposes.
RETIRED PAY
The Committee includes language providing funds for retired
pay and medical care for the Coast Guard's retired personnel
and their dependents and makes these funds available until
expended.
United States Secret Service
OPERATIONS AND SUPPORT
The Committee includes language that provides funds for
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. The Committee
provides three-year availability of funds for these purposes.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides two-year
availability of funds for these purposes.
Administrative Provisions
Language regarding overtime compensation.
Language allowing CBP to sustain or increase operations in
Puerto Rico with appropriated funds.
Language regarding the availability of fee revenue
collected from certain arriving passengers.
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 DHS from establishing a border
crossing fee.
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 requiring ICE to provide information and
statistics about the 287(g) program.
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 the
facility receives less than ``adequate'' ratings in two
consecutive performance evaluations.
Language restricting the Department's authority to use
contracts for detention services that do not have fixed
termination dates.
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 requiring submission 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 regarding 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 Appropriations.
Language prohibiting the obligation of funds prior to the
submission of an expenditure plan for funds made available for
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements''.
Language prohibiting ICE from removing sponsors or
potential sponsors of unaccompanied children based on
information provided by the Office of Refugee Resettlement as
part of the sponsor's application to accept custody of an
unaccompanied child, except when that information meets
specified criteria.
Language requiring ICE to provide statistics about its
detention population.
Language allocating funds within CBP's Procurement,
Construction, and Improvements account for specific purposes
and requiring an updated risk-based plan for improving security
along the borders of the United States.
Language prohibiting the construction of physical barriers
along the southern land border except by using amounts made
available for such purposes by prior appropriations Acts.
Language prescribing the use of funds for ICE enforcement
and removal operations and making available additional funds in
the event of a border migration surge.
Language allowing for death gratuity payments to be made by
the Coast Guard in the absence of an annual appropriation.
Language preventing a lapse in the current collective
bargaining agreement between TSA and Transportation Security
Officers pending the completion of a new agreement.
Language directing the submission of a report on the
Migrant Protection Protocols program.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
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.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three-year availability of funds for these purposes.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides two-year
availability of funds for these purposes.
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. The Committee provides two-year
availability of funds for certain purposes.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three- and five-year availability of funds for these
purposes.
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; flood hazard mapping and risk analysis;
emergency food and shelter; education, training, exercises, and
technical assistance; and other programs. The Committee
provides two-year availability of funds for certain purposes.
DISASTER RELIEF FUND
The Committee includes language making funds available
until expended for the Disaster Relief Fund. The Committee
includes a provision for funds to be derived from unobligated
balances from prior year appropriations and that such funds
cannot be derived from funds designated as emergency.
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 the administration of
grants.
Language specifying timeframes for certain grant
applications and awards.
Language requiring a five-day advance notification for
certain grant awards under ``Federal Emergency Management
Agency--Federal Assistance''.
Language authorizing the use of certain grant funds for the
installation of communications towers.
Language requiring the submission of a monthly Disaster
Relief Fund report.
Language permitting the Secretary to grant waivers from
specified 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 providing for the extention of the deadline for
FEMA to consider the resubmission of a request for Individual
Assistance related to the removal of debris from private
property for major disasters occurring on or after May 1, 2018,
and requiring FEMA to reconsider such re-submissions.
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, the Office of
Citizenship, and the Systematic Alien Verification for
Entitlements program.
FEDERAL ASSISTANCE
The Committee includes language making funds available for
the Citizenship and Integration Grant Program.
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 vehicles.
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. The Committee
provides five-year availability of funds for these 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. The Committee provides three-year
availability of funds for these activities.
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. The Committee
provides three-year availability of funds for these activities.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides three-year
availability of funds for these activities.
FEDERAL ASSISTANCE
The Committee includes language providing funds for federal
assistance through grants, contracts, cooperative agreements,
and other activities. The Committee provides three-year
availability of funds for these activities.
Administrative Provisions
Language allowing USCIS to acquire, operate, equip, and
dispose of up to five vehicles under certain scenarios.
Language limiting the use of A-76 competitions by USCIS.
Language authorizing FLETC to distribute funds to federal
law enforcement agencies for incurred training expenses.
Language directing the FLETC Accreditation Board to lead
the federal law enforcement training accreditation process for
measuring and assessing federal law enforcement training
programs, facilities, and instructors.
Language allowing for the acceptance of funding transfers
from other government agencies for the construction of special
use facilities.
Language classifying FLETC instructor staff as inherently
governmental for purposes of the Federal Activities Inventory
Reform Act of 1998.
Language prohibiting the use of Immigration Examination Fee
Account revenue by U.S. Immigration and Customs Enforcement.
Language repealing prior year provisions related to the
sale of the Plum Island Animal Disease Center.
TITLE V--GENERAL PROVISIONS
Language limiting the availability of appropriations to one
year unless otherwise expressly provided.
Language providing authority to merge unexpended balances
of prior year appropriations with new appropriations accounts
for the same purpose, subject to reprogramming guidelines.
Language limiting the 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 out of an
appropriation and augment an appropriation by not more than 10
percent, with a requirement for a 30-day advance notification.
Language prohibiting funds appropriated or otherwise made
available to the Department to make payments to the Working
Capital Fund (WCF), except for activities and amounts allowed
in the President's budget request; making funds provided to the
WCF available until expended; restricting the Department from
charging components for services not directly provided through
the WCF, or for the purposes intended by the contributing
component; requiring funds paid by components in advance or for
reimbursement to reflect the full cost of each service;
requiring the submission of a notification prior to adding a
new activity to the fund detailing the source of funds by
account, program, project, and activity level; requiring the
submission of a notification prior to eliminating an existing
activity from the fund; and requiring the Department to 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 have two fiscal
years of availability, subject to section 503 reprogramming
requirements.
Language deeming intelligence activities to be specifically
authorized during the budget year until the enactment of an Act
authorizing intelligence activities for that year.
Language requiring a specified 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.
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 continuing by reference prior-year statutory
provisions related to a contracting officer's technical
representative training 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 the use of funds for planning,
testing, piloting, or developing a national identification
card.
Language prohibiting any official required by this Act to
provide a report or make a certification to the Committees on
Appropriations from delegating such authority unless expressly
authorized to do so in this Act.
Language prohibiting funds in this Act from being used for
first-class travel.
Language prohibiting the use of funds appropriated or
otherwise made available in this Act to pay award or incentive
fees for contractors with a below satisfactory performance or a
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 the 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 that DHS computer systems block
electronic access to pornography, except for law enforcement
purposes.
Language prohibiting the use of funds by federal law
enforcement personnel to transfer operable firearms to certain
individuals except under certain conditions.
Language restricting funds for travel and requiring
reporting 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 using Operations and Support appropriations, as
specified.
Language authorizing DHS to use existing discretionary
appropriations for the primary and secondary schooling expense
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'' for the
reimbursement of extraordinary law enforcement personnel
overtime costs of protection activities directly and
demonstrably associated with a residence of the President that
is designated for protection.
Language prohibiting the use of funds to limit access to
detention facilities by members of Congress and their
designated staff.
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 a Principal
Federal Official during a declared disaster or emergency under
the Stafford Act, with certain exceptions.
Language increasing the annual cap on H-2B visas.
Language authorizing the use of the H-2A program for
agricultural jobs that are not temporary or seasonal in nature.
Language prohibiting the use of funds for various
administration policies and activities.
Language prohibiting certain immigration activities.
Language rescinding unobligated balances from specified
sources.
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:
PROGRAM DUPLICATION
No provision of this bill establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
identified in the most recent Catalog of Federal Domestic
Assistance.
COMMITTEE HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--
The following hearings were used to develop or consider the
Department of Homeland Security Appropriations Act, 2020:
The Subcommittee on Homeland Security held an oversight
hearing on May 1, 2019, entitled ``FY2020 Budget Hearing--
Cybersecurity and Infrastructure Security Agency.'' The
Subcommittee received testimony from:
The Honorable Christopher Krebs, Director,
Cybersecurity and Infrastructure Security Agency
The Subcommittee on Homeland Security held an oversight
hearing on April 30, 2019, entitled ``FY2020 Budget Hearing--
Department of Homeland Security.'' The Subcommittee received
testimony from:
The Honorable Kevin K. McAleenan, Acting Secretary,
Department of Homeland Security
Chip Fulghum, Acting Undersecretary for Management,
Department of Homeland Security
The Subcommittee on Homeland Security held an oversight
hearing on April 30, 2019, entitled ``FY2020 Budget Hearing--
Federal Emergency Management Agency.'' The Subcommittee
received testimony from:
The Honorable Peter Gaynor, Acting Administrator,
Federal Emergency Management Agency
The Subcommittee on Homeland Security held an oversight
hearing on April 2, 2019, entitled ``FY2020 Budget Hearing--
Transportation Security Administration.'' The Subcommittee
received testimony from:
The Honorable David Pekoske, Administrator,
Transportation Security Administration
The Subcommittee on Homeland Security held an oversight
hearing on March 26, 2019, entitled ``FY2020 Budget Hearing--
United States Coast Guard.'' The Subcommittee received
testimony from:
Admiral Karl Schultz, Commandant, United States Coast
Guard
The Subcommittee on Homeland Security held an oversight
hearing on March 13, 2019, entitled ``Securing Federal Networks
and State Election Systems Cybersecurity and Infrastructure
Security Agency.'' The Subcommittee received testimony from:
The Honorable Christopher Krebs, Director,
Cybersecurity and Infrastructure Security Agency
The Subcommittee on Homeland Security held an oversight
hearing on March 12, 2019, entitled ``Update on Recovery
Efforts for 2017 and 2018 Disasters.'' The Subcommittee
received testimony from:
The Honorable Peter Gaynor, Acting Administrator,
Federal Emergency Management Agency
The Subcommittee on Homeland Security held an oversight
hearing on March 6, 2019, entitled ``Oversight Hearing--DHS
Office of Inspector General.'' The Subcommittee received
testimony from:
John Kelly, Senior Official Performing the Duties of
Inspector General, Office of Inspector General
DETAILED EXPLANATIONS IN REPORT
The following table contains detailed funding
recommendations at the program, project, and activity (PPA)
level.
MINORITY VIEWS
We thank Chairwoman Lowey and Subcommittee Chairwoman
Roybal-Allard for their support for the Department of Homeland
Security and the programs critical to keep our country safe. We
all care about the safety and security of the people in our
country and the people at the Department, and much of this bill
reflects that shared concern.
We heartily endorse the funding levels that are proposed in
this bill for many of the agencies that are working every day
in our communities to keep our people safe--the Coast Guard,
the Cybersecurity and Infrastructure Security Agency, the
Transportation Security Administration, the Secret Service, the
Federal Emergency Management Agency, and all the components of
the Department. We thank both Chairwomen for all they did for
these agencies under the allocation.
Unfortunately, in the places where we disagree, the
differences are vast, and in its current form, we cannot
support the bill. We have concerns about the path we are on,
both in terms of the lack of investments and policies affecting
the border and enforcement, and the larger overall budget
picture.
Just a few short months ago we were convening a conference
to close out the issues with the fiscal year 2019 Homeland
Security bill and end an unprecedented government shutdown. It
was quite clear during those negotiations that for a
Presidential signature, funds would have to be included for
construction along the Southwest Border. The final conference
report enacted in February addressed those concerns, but
unfortunately, the fiscal year 2020 bill falls far short. This
could set us up for yet another government shutdown.
This bill denies funds requested for border barriers in
fiscal year 2020 and rescinds more than $600,000,000 from the
2019 conference agreement. It ties the hands of the Department
of Homeland Security and other departments by restricting their
ability to direct funds toward additional construction of
border barriers, if needed. This bill provides insufficient
funds for U.S. Immigration and Customs Enforcement, and the
agency will be so constrained that they may not be able to
deport criminals from our communities.
These restrictions are not acceptable. We have a crisis at
the border. Apprehensions are occurring at an alarming rate. In
the first five months of this year, the number of migrants
apprehended at the border exceeded the population of Atlanta,
Georgia. We are on a path to have more than one million
apprehensions this fiscal year, which will be greater than the
individual state populations of Wyoming, Vermont, Alaska, North
Dakota, South Dakota, and Delaware.
Earlier this month, Customs and Border Patrol was
processing almost 20,000 people through border stations that
were not designed to detain this many people and for periods
sometimes exceeding a month. More than 2,500 children were
sleeping on the ground waiting to be placed with family members
or sponsors. People continue to flood the border, often in
large groups.
We tried to address these issues by offering amendments
that would permanently authorize the e-verify program, provide
additional funds for continued construction of a border
barrier, provide more funds and flexibility for immigration and
customs enforcement, and provide supplemental funds requested
by the Department to address the immediate humanitarian crisis.
None of these amendments were adopted.
In addition to the lack of funds for immigration
enforcement and border infrastructure, this bill contains
riders that bind the hands of the Department as it enforces the
laws of our nation. Most notably, an amendment adopted on a
straight party-line vote, limits the ability of the President,
the Department of Justice, and the Department of Homeland
Security to implement asylum and immigration laws; grants
protections to individuals participating in the Deferred Action
for Childhood Arrivals program; and gives near immunity to
thousands of people who have entered the country illegally by
prohibiting U.S. Immigration and Customs Enforcement officers
or Border Patrol agents from enforcing immigration laws within
1,000 feet of a number of specified locations. The amendment
makes no provisions to address the loopholes in our immigration
laws or provide clear direction on how to address the current
situation at the border. These immigration issues should be
addressed in a thoughtful manner by the authorizing committees
of jurisdiction in both the House and the Senate, not an ad hoc
collection of general provisions in an appropriations act.
We owe it to the American people to address these issues
immediately and not make the situation worse. We cannot starve
agencies of critical resources and authorities needed to
address the humanitarian and security crisis on the border.
We remain optimistic that we will be able to work together
to address these issues and funding requirements in a bill that
will be signed by the President.
Kay Granger.
Chuck Fleischmann.
