```

[House Report 116-180]
[From the U.S. Government Publishing Office]

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.
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