31–472 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–948 

DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS BILL, 2019 

SEPTEMBER 12, 2018.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. YODER of Kansas, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 6776] 

The Committee on Appropriations submits the following report in 

explanation of the accompanying bill making appropriations for the 

Department of Homeland Security for the fiscal year ending September 30, 2019. 

INDEX TO BILL AND REPORT 

Page number 

Bill Report 

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

Office of the Secretary and Executive Management ........................ 2 6 

Operations and Support .............................................................. 2 6 

Management Directorate .................................................................... 2 10 

Operations and Support .............................................................. 2 10 

Procurement, Construction, and Improvements ........................ 2 13 

Research and Development ......................................................... 3 14 

Intelligence, Analysis, and Operations Coordination ....................... 3 14 

Operations and Support .............................................................. 3 14 

Office of Inspector General ................................................................. 3 15 

Operations and Support .............................................................. 3 15 

Administrative Provisions .................................................................. 4 16 

TITLE II—SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

U.S. Customs and Border Protection ................................................. 5 16 

Operations and Support .............................................................. 5 18 

Procurement, Construction, and Improvements ........................ 7 26 

2 

Page number 

Bill Report 

U.S. Immigration and Customs Enforcement ................................... 7 27 

Operations and Support .............................................................. 7 28 

Procurement, Construction, and Improvements ........................ 8 34 

Transportation Security Administration ........................................... 8 34 

Operations and Support .............................................................. 8 35 

Procurement, Construction, and Improvements ........................ 9 37 

Research and Development ......................................................... 9 38 

Coast Guard ......................................................................................... 10 38 

Operations and Support .............................................................. 10 39 

Procurement, Construction, and Improvements ........................ 10 41 

Research and Development ......................................................... 11 44 

Environmental Compliance and Restoration ............................. 12 44 

Health Care Fund Contribution ................................................. ........ 44 

Retired Pay ................................................................................... 12 45 

United States Secret Service .............................................................. 12 45 

Operations and Support .............................................................. 12 45 

Procurement, Construction, and Improvements ........................ 13 46 

Research and Development ......................................................... 14 47 

Administrative Provisions .................................................................. 14 47 

TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND 

RECOVERY 

National Protection and Programs Directorate ................................ 22 48 

Operations and Support .............................................................. 22 49 

Federal Protective Service .......................................................... 23 52 

Procurement, Construction, and Improvements ........................ 23 52 

Research and Development ......................................................... 23 53 

Federal Emergency Management Agency ......................................... 23 54 

Operations and Support .............................................................. 23 54 

Procurement, Construction, and Improvements ........................ 24 55 

Federal Assistance ....................................................................... 24 56 

Disaster Relief Fund .................................................................... 27 58 

National Flood Insurance Fund .................................................. 28 60 

Administrative Provisions .................................................................. 30 60 

TITLE IV—RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES 

U.S. Citizenship and Immigration Services ...................................... 33 60 

Operations and Support .............................................................. 33 61 

Procurement, Construction, and Improvements ........................ 33 62 

Federal Law Enforcement Training Centers .................................... 33 62 

Operations and Support .............................................................. 33 62 

Procurement, Construction, and Improvements ........................ ........ 63 

Science and Technology Directorate .................................................. 34 63 

Operations and Support .............................................................. 34 64 

Research and Development ......................................................... 34 65 

Countering Weapons of Mass Destruction Office ............................. 34 68 

Operations and Support .............................................................. 34 68 

Procurement, Construction, and Improvements ........................ 34 69 

Research and Development ......................................................... 35 69 

Federal Assistance ....................................................................... 35 70 

Administrative Provisions .................................................................. 35 70 

TITLE V—GENERAL PROVISIONS 

This Act ................................................................................................ 39 71 

Compliance with House Rules .................................................... ........ 124 

Tables ............................................................................................ ........ 141 

Overview 

March 1, 2018, marked the fifteenth anniversary for the U.S. Department of Homeland Security (DHS). While DHS is the youngest 

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Department, it is comprised of agencies that date back to the late 

1700s with a mission and footprint that stretches beyond every 

U.S. state and territory. The Committee’s recommendation of 

$58,087,000,000 in discretionary funding prioritizes the programs 

and activities of the Department that keep the Homeland safe by 

securing our borders, enhancing critical national security efforts, 

and responding to disasters. 

The Committee’s recommendation reflects smart investments 

that will have immediate and long-term impacts on the security of 

the homeland. 

1. The bill includes $5,000,000,000 for new border technology 

and the construction of over 200 miles of new barriers to fill 

critical gaps along our southwest border. This provides the 

Border Patrol with necessary tools to achieve operational control of our borders. Additionally, $223,000,000 is provided to 

improve drug interdiction capabilities for U.S. Customs and 

Border Protection (CBP), including initiating efforts towards 

achieving 100 percent scanning of all vehicles, cargo, and pedestrians coming through southwest border land ports of entry 

by 2025. 2. The bill provides $125,897,000 to support the fight against 

the opioid epidemic and stop the flow of illegal drugs into this 

country. 

3. The bill provides enhancements to aviation security in- cluding an additional $7,260,000 for 50 new Transportation Security Administration (TSA) canine teams and an increase of 

$20,000,000 for new computed tomography (CT) systems to 

screen carry-on baggage. 4. The bill provides $7,620,209,000, $27,071,000 above the 

request for Coast Guard operations that protect our coastlines 

and inland waterways. Coast Guard procurement funding includes the acquisition of an HC–130J long range surveillance 

aircraft, two additional Fast Response Cutters for a total of six, 

construction for a second Offshore Patrol Cutter, and necessary 

post-delivery activities for the ninth National Security Cutter. 

5. The bill includes $1,153,873,000 to secure, monitor, detect, 

prevent, and respond to cybersecurity attacks against the entire federal government and the nation’s critical infrastructure 

sectors, such as election infrastructure, and to advance our defenses by investing in related research and development programs. 

6. The bill provides critical resources to support the Federal 

Emergency Management Agency’s (FEMA) disaster response 

and recovery efforts and to improve state and local preparedness for all hazards, including $3,356,525,000 for grants and 

training programs that directly support state and local governments and first responders. 

Public Law 115–31 required CBP to provide a risk-based plan for 

improving security along the borders of the United States, including the use of personnel, fencing, other forms of tactical infrastructure, and technology. On January 4, 2018, CBP submitted their 

analysis, the ‘‘Border Security Improvement Plan,’’ to the Committee. This comprehensive analysis was informed directly by the 

men and women on the frontlines. The plan focused on their understanding of the current border threat, how best to strengthen our 

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law enforcement posture at the border, and ways to increase CBP’s 

ability to swiftly address border security risks. 

As a part of this analysis, the U.S. Border Patrol (USBP) provided an overview of the capabilities needed to obtain operational 

control, as directed both in law and Executive Order. Specifically, 

USBP provided an assessment of the roughly 2,000 miles of U.S.- 

Mexico border through its robust requirements management process, the Capability Gap Analysis Process, to identify the need for 

impedance and denial capabilities to achieve operational control detailing location, types of infrastructure, and costs to execute the 

program. As with any law enforcement organization, it is important 

to ensure that agents and officers are fully equipped with the tools 

they need to be successful and keep their communities safe; in this 

instance the recommended tools, identified by the agents who know 

best, include both physical barriers and technology. This bill provides $5,000,000,000 in technology and physical barriers for the 

most urgent areas identified by CBP. 

The recommendation also includes $223,000,000 above the request for CBP to stop the entry of illicit goods and narcotics at our 

ports of entry through initiating efforts to achieve 100 percent nonintrusive inspection (NII) coverage along our southwest border by 

2025. CBP is currently using NII assets in a targeted approach, but 

the reality is that many of these drugs continue northbound 

through the interior of the U.S., gaining value as they reach their 

destination into the homeland, onto American streets, and into U.S. 

homes. The combination of both border infrastructure and technology will provide CBP with more of the tools it desperately needs 

to combat the smuggling of illicit goods, narcotics, and humans 

being into the country. 

The United States is a nation of immigrants that values diversity 

and welcomes those in need. We also have an obligation to enforce 

the laws that protect the integrity of our borders, along with those 

that grant asylum to people found eligible. We cannot help every 

foreign national who may want or deserve it, but all individuals 

and families who come to our borders, including those who cross 

them illegally, deserve to be treated humanely and with respect 

while in the custody of the Department of Homeland Security. The 

Committee has included direction throughout this report to address 

these issues. 

The security of our borders and the safety and well-being of those 

fleeing persecution abroad are both better served when asylumseekers present their claim at a port of entry (POE). Crossing the 

border between the POEs is illegal, funds the ongoing operations 

of criminal organizations, and exposes people to unnecessary risks, 

with hundreds losing their lives each year attempting to traverse 

the harsh environments along many segments of the southern border. Throughout this bill, strong funding is included to stop the illegal entry of both humans and drugs at and between the POEs. 

In addition, DHS shall take appropriate steps to ensure that the 

United States is meeting its legal obligations, to include reminding 

field officers and agents about CBP’s legal responsibilities to ensure 

that asylum seekers can enter at POEs. CBP shall notify the Committee within 24 hours of any instance when holding facility limitations or other factors impede its ability to promptly accept and 

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process individuals claiming credible or reasonable fear, including 

a description of its efforts to mitigate those limitations or factors. 

The Committee directs the Secretary to ensure that persons detained by DHS are able to make phone calls, at no cost or at a reasonable, fair market cost, to include any state, local, territorial, 

tribal, or private entity who is detaining such persons per an agreement with DHS. All facilities should also allow detainees to access 

the ICE pro bono platform provided by ICE’s phone provider that 

allows for free calls to courts, consulates, and free legal service providers. 

The William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) requires cooperation between the Department of Homeland Security and the Department of Health and 

Human Services (HHS) to ensure the safety of Unaccompanied 

Alien Children (UACs). Current Memoranda of Agreement (MOAs) 

between the two Departments codify the intention for cooperation 

and outline the processes for that cooperation to protect the wellbeing of the UAC. The ongoing coordination between DHS and 

HHS has already prevented children from being placed in the care 

of adults with serious criminal histories that include kidnapping, 

murder, and human smuggling. The Department must continue to 

exercise due diligence while ensuring that the children are released 

into the safe care of a parent or sponsor as expeditiously as is possible. 

At the peak of the historic disaster season in 2017, nearly 85 percent of all FEMA employees were deployed to support disasters. In 

the wake of this unprecedented level of disaster response activity, 

Congress passed three supplemental appropriations bills totaling 

$49,570,000,000 to replenish FEMA’s Disaster Relief Fund (DRF), 

supporting frontline personnel and ensuring robust response and 

recovery for these catastrophic events. The recommendation includes $7,210,000,000 for the DRF to pay for ongoing, long-term recovery operations for past disasters, and to fund projected needs for 

future disasters in fiscal year 2019. 

Congress must have access to timely, accurate information, particularly as it relates to the implementation of new policies in order 

to exercise appropriate oversight. The Committee directs DHS to 

review all guidelines associated with the release of information to 

Congress, the media, and the public; continue to post all policies 

and guidelines that may be of interest to the public on the agency’s 

website; and continue—or expand as practicable—data collection 

that more effectively detects and deters abuse, strengthens accountability, and ensures the effective use of limited resources. 

This bill does not include any fee increases proposed in the budget request. Budget proposals to replace discretionary funding with 

fee revenue place important programs at unnecessary risk when 

those proposals require authorizing legislation that is unlikely to 

be enacted. In the future, the Department is urged to advocate for 

sufficient discretionary funds to carry out its critical mission. 

Summary 

The Committee recommendation includes $58,087,000,000, including $51,435,000,000 within the bill’s 302(b) budget allocation, 

and $6,652,000,000 as a budget cap adjustment for disaster relief. 

Title I contains funds for departmental management activities. 

6 

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 cyberattacks on the population or the nation’s critical infrastructure. 

Title IV supports law enforcement training; citizenship, immigration, and employment eligibility verification services; efforts to 

counter chemical, biological, radiological, and nuclear attacks; and 

research and development functions. Title V includes basic general 

provisions for oversight, reprogramming guidance, transfer authority, reporting requirements, and funding limitations. 

TITLE I—DEPARTMENTAL MANAGEMENT, OPERATIONS, 

INTELLIGENCE, AND OVERSIGHT 

Mission 

The mission of Departmental Management, Operations, Intelligence, and Oversight is to provide leadership and services to DHS 

components, formulate policy guidance and directives, collect and 

disseminate intelligence, and maintain visibility on all DHS operations. The Office of the Secretary, the executive management offices, and the Management Directorate support departmental efforts to achieve strategic goals and to deliver quality administrative 

support services for human resources; manage facilities, property, 

equipment, and other material resources; ensure safety, health, 

and environmental protection; and identify and track performance 

measurements relating to DHS missions. 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

The Office of the Secretary and Executive Management (OSEM) 

provides policy guidance to operating bureaus within the organization; plans and executes departmental strategies to accomplish 

agency objectives; and provides leadership to the Department. 

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2018 ......................................................... $139,602,000 

Budget request, fiscal year 2019 ....................................................... 128,860,000 

Recommended in the bill ................................................................... 139,926,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +324,000 

Budget request, fiscal year 2019 ................................................ +11,066,000 

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

Budget Request Recommended 

Operations and Support 

Office of the Secretary ....................................................................................... $17,874,000 $17,784,000 

Office of Policy ................................................................................................... 34,683,000 38,483,000 

Office of Public Affairs ....................................................................................... 5,085,000 5,085,000 

Office of Legislative Affairs ............................................................................... 4,992,000 4,992,000

Office of Partnership and Engagement ............................................................. 12,656,000 14,294,000 

Office of General Counsel .................................................................................. 19,463,000 19,463,000 

Office for Civil Rights and Civil Liberties ......................................................... 20,825,000 25,071,000 

Office of the Citizenship and Immigration Services Ombudsman .................... 5,879,000 6,200,000 

Privacy Office ...................................................................................................... 7,403,000 8,464,000 

Total, Operations and Support .................................................................. $128,860,000 $139,926,000 

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Office of the Secretary 

The Committee directs the Department to continue quarterly 

briefings on Joint Requirements Council activities. 

The Committee is closely attuned to how the heroin and opioid 

epidemic is challenging our emergency response capacities and 

overall national security. In particular, police and first responders 

are inundated and put at great risk. The surge in drug consumption and its ancillary effects include more than 66,000 deaths in 

2017 alone and have cost the U.S. more than $1 trillion dollars 

since 2001, with projected costs of another $500,000,000,000 over 

the next three years. DHS is directed to brief the Committee on 

how the Department can offer wider support, particularly monetarily, to those who are responsible for protecting our citizens. 

Not later than 30 days after the date of enactment of this Act, 

the Department is directed to provide a report to the Committee 

for fiscal year 2018, by quarter, on the total number of referrals for 

prosecution of individuals who illegally crossed a U.S. land border 

compared to the total number of apprehensions; the number of 

such referrals accepted by the Department of Justice (DOJ); the nationality and gender of those referred and those accepted for prosecution; the number of such individuals claiming credible or reasonable fear while in DHS or DOJ custody; and the number of such 

individuals who receive a positive fear determination from United 

States Citizenship and Immigration Services (USCIS). 

The Department is directed to provide a report to the Committee, 

not later than 30 days after the date of enactment of this Act, on 

its policies related to the separation of minor children from their 

parents or legal guardians while in DHS custody. The report 

should discuss policies in effect both prior and subsequent to the 

implementation of Executive Order 13841, and shall include a description of any guidance to field personnel on implementation of 

such policies; a description of the process for reuniting families that 

are separated as a result of the prosecution of an adult family 

member; data on the number of separations during fiscal year 2018 

as a result of the prosecution of a parent or legal guardian due to 

medical necessity, in the interest of the immediate safety of the 

child, or due to fraudulent family relationship or guardianship 

claims; a description of how DHS determines the validity of family 

relationship or guardianship claims; and an assessment of how that 

process could be improved, including the feasibility of using rapidDNA testing with appropriate privacy protections. 

The Department shall only separate a child from a parent if the 

parent has a criminal history, a communicable disease, or is determined to be unfit or a danger to the child. DHS is directed to ensure, when appropriate and feasible, that separated family units 

are reunited and transferred together prior to removal, release 

from CBP custody, or transfer to ICE custody. ICE is expected to 

ensure that individuals being transferred from CBP to ICE custody, in ICE custody, or under ICE supervision have opportunities 

to report family separations and to verify the status, location, and 

disposition of family members, and to regularly communicate with 

one another by phone or video conference. The Committee is aware 

that DHS is complying with U.S. District Court Instruction requirVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
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ing the federal government to pay the costs of such communications, as well as the costs of family reunification. 

Recent developments in contactless fingerprinting enable rapid 

capture of fingerprints that can be shared interoperably with legacy fingerprinting systems. The Committee directs the Department 

to provide, within 60 days of the date of enactment of this Act, a 

briefing on the cost and feasibility of using a contactless fingerprint 

technology as part of the exit tracking system, including a comparison of those costs to other options for gathering the same type of 

biometric information. 

The Committee directs the Department to report semiannually, 

beginning not later than 90 days after the date of enactment of this 

Act, on the activities of ICE and USCIS to implement the recommendations of OIG–16–130, including the incremental cost of 

those activities; FTE devoted to the effort; criteria and methodology 

for reviewing and making determinations on potential 

denaturalization cases; number of records reviewed; number of 

cases subject to in-depth review for potential denaturalization, including whether such were cases investigated outside the scope of 

the recommendations of OIG–16–130, number of cases referred to 

the Justice Department for denaturalization proceedings, delineated by cases that were identified by the OIG for review and those 

that were not so identified; countries of origin of the individuals 

whose cases were subject to in-depth review and for Justice Department referral; and a compilation of the infractions underlying referrals to the Justice Department. 

Office of Policy 

The Committee supports the Office of Policy’s continuation of the 

Immigration Data Integration Initiative, and recommends 

$5,000,000 for this purpose. This initiative supports departmental 

efforts directed by the Committees on Appropriations in prior years 

based on bipartisan, bicameral concerns about the inability of the 

Department to provide timely reporting of border security and immigration enforcement data. Such data is important for informing 

component operations and for providing oversight. Specifically, the 

initiative will enable DHS to develop uniform immigration data 

standards; provide stakeholders with real- or near real-time access 

to relevant data; ensure that immigration records are fully linked 

across DHS and other federal agency data systems; and meet 

transparency requirements directed by the Committees on Appropriations and under recent Executive Orders and Presidential 

Memoranda on border security, interior enforcement, and preventing terrorist travel. 

Office of Partnership and Engagement 

The Department shall continue to provide semi-annual updates 

on the work of the Public Complaint and Feedback System Working Group, as described in the explanatory statement accompanying Public Law 115–141. 

The Department should continue to provide assistance, as appropriate, to state police crime labs to ensure that federal requirements do not burden state resources. DHS shall continue to report 

annually on its use of and partnerships with state crime labs, inVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
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cluding funding associated with such use and partnerships, and 

should fully reimburse the state crime labs it uses. The Committee 

notes that the Department’s partnerships with crime labs are particularly important in border states. 

The Committee directs DHS to provide, not later than 90 days 

after the date of enactment of this Act, a briefing on the programs 

and activities of the Office of Terrorism Prevention Partnerships, 

including its efforts to combat domestic extremism and terrorist 

radicalization and recruitment. 

The Committee encourages interagency coordination between 

DHS and other agencies when developing school safety reports. 

The Blue Campaign, a department-wide initiative to combat 

human trafficking, has historically been funded through end-ofyear contributions from components and detailed personnel, an approach that is not appropriate for the program’s long-term 

sustainment. The fiscal year 2018 DHS Appropriations Act included direct funding of $819,000 for the Blue Campaign to support 

dedicated personnel and to begin transitioning the program away 

from a reliance on component contributions. Unfortunately, the fiscal year 2019 request proposed no direct funding for the program 

despite continued congressional support for it. The Committee recommends $1,638,000 in continued direct funding for personnel and 

directs the Secretary to sustain the program at not less than its 

total fiscal year 2016 level of $5,150,000 in fiscal year 2018 and fiscal year 2019, using component contributions to cover non-personnel program costs. DHS should account for and propose full, direct funding for the program in the justification materials that accompany future budget submissions, as directed in the explanatory 

statement accompanying Public Law 115–31. Additionally, DHS in 

coordination with the Federal Aviation Administration, shall identify ways to appropriately strengthen oversight of training on 

human trafficking for airline personnel and explore the viability of 

in-person training to complement online training. The Department 

shall, not later than 180 days after the date of enactment of this 

Act, report back to the Committee with its findings. 

The Committee directs the Department, within 90 days of the 

date of enactment of this Act, to provide a briefing on the implementation and oversight of DHS Policy Directive 047–02, related to 

the use of cell-site simulators by the Department and its state and 

local partners. 

Office for Civil Rights and Civil Liberties 

A total of $25,071,000 is provided for the Office for Civil Rights 

and Civil Liberties (CRCL), of which at least $750,000 is for an enhancement to the Compliance Branch. CRCL shall ensure that all 

individuals whose complaints it investigates receive information 

within 30 days of the completion of an investigation regarding the 

outcome of such complaints, as appropriate, including findings of 

fact, findings of law, and available remedies. 

Office of the Citizenship and Immigration Services Ombudsman 

The Office of the Citizenship and Immigration Services Ombudsman is funded above the request at $6,200,000 and the Privacy OfVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
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fice is funded above the request at $8,464,000, to support the current services level of activity for both offices. 

MANAGEMENT DIRECTORATE

Appropriation, fiscal year 2018 ......................................................... $742,411,000 

Budget request, fiscal year 2019 ....................................................... 1,083,318,000 

Recommended in the bill ................................................................... 922,993,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +180,582,000 

Budget request, fiscal year 2019– .............................................. ¥160,325,000 

Mission 

The mission of the Management Directorate is to provide policy, 

guidance, operational oversight and support, and management solutions for the Department. 

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2018 ......................................................... $710,297,000 

Budget request, fiscal year 2019 ....................................................... 834,704,000 

Recommended in the bill ................................................................... 845,528,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +135,231,000 

Budget request, fiscal year 2019 ................................................ +10,824,000 

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

Budget Request Recommended 

Operations and Support 

Immediate Office of the Under Secretary for Management ............................... $7,730,000 $7,730,000 

Office of the Chief Readiness Support Officer .................................................. 90,413,000 90,413,000 

Office of the Chief Human Capital Officer ........................................................ 107,606,000 118,430,000 

Office of the Chief Security Officer .................................................................... 78,868,000 78,868,000 

Office of the Chief Procurement Officer ............................................................ 103,197,000 103,197,000 

Office of the Chief Financial Officer .................................................................. 64,873,000 64,873,000 

Office of the Chief Information Officer .............................................................. 382,017,000 382,017,000 

Total, Operations and Support .................................................................. $834,704,000 $845,528,000 

Immediate Office of the Under Secretary for Management 

With the adoption of a common appropriations structure, the Department is now poised to standardize its periods of availability 

(POAs) to allow for more consistent planning, programming, budgeting, and execution for three of the four major appropriation account types: Operations and Support (O&S); Procurement, Construction, and Improvements (PC&I); and Research and Development (R&D). With limited exception, the O&S accounts shall have 

one year of availability; the PC&I accounts shall have five years of 

availability for construction and three years for all other activities; 

and the R&D accounts shall have two years of availability. As part 

of the fiscal year 2020 budget request and thereafter, the Department shall thoroughly justify any necessary deviation from these 

POAs, to include a description of the specific negative impacts that 

would result from a shorter POA. 

The Committee directs DHS to assess the feasibility of establishing a unified headquarters for CBP and ICE operational components in the South Texas region. This analysis shall consider 

whether co-location would significantly improve operational coordiVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
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nation, information sharing, and analytic collaboration among 

these DHS components. The analysis should also consider the potential for partnerships with local governments, colleges and universities, and other federal agencies to leverage resources. 

The Department shall, not later than 180 days after the date of 

enactment of this Act, submit a report to the Committee detailing 

(1) internal DHS procedures to avoid the purchase of ‘‘essentially 

the same’’ items in violation of the Javits-Wagner-O’Day Act (41 

U.S.C. 8501); (2) procedures for ensuring procurement officers and 

government purchase cardholders are trained on the requirements 

of the Javits-Wagner-O’Day Act; and (3) the total value of goods 

and services purchased through the AbilityOne Program during fiscal year 2018, delineated by product or service category. 

Office of the Chief Readiness Support Officer 

The Office of the Chief Readiness Support Officer (OCRSO) is directed to continue refining a DHS-wide inventory of real estate, vehicle fleets, and equipment for the purpose of establishing a table 

of equipment for each component of the DHS enterprise. 

The Department’s Fiscal Year 2017 Field Efficiencies Report focused on the Department’s future plans to utilize OCRSO to manage the integration of mission support functions across the Department, which is actively developing regional plans to implement 

field efficiencies, such as real property consolidation and co-location. The Department set forth an impressive end state of a 20 percent reduction in administrative real property needs per person 

and the elimination of unnecessary redundancies by fiscal year 

2025. The Committee directs OCRSO to provide a briefing on this 

implementation plan, to include associated costs and an estimated 

savings by fiscal year, not later than 90 days after the date of enactment of this Act. 

The Committee looks forward to the briefing directed in House 

Report 115–239 on the Department’s comprehensive plans to systematically replace vehicles and radios, and continues to expect 

that additional cost and schedule details will be included in future 

budget submissions for each operational component. 

The Committee understands that some DHS components may 

lack adequate facilities to accommodate the large number of firearms qualifications required for law enforcement personnel. 

OCRSO is directed to explore firing range solutions through field 

efficiencies to expand the availability of shooting range facilities 

across DHS components. Such solutions could include partnerships 

with colleges, universities, local governments, tribal organizations, 

and other federal agencies; or alternative approaches, such as modular firing ranges. OCRSO, in conjunction with the Department of 

Treasury, is directed to explore the feasibility of addressing this capability gap by using funds made available under section 

9705(g)(4)(B) of title 31, United States Code (as added by Public 

Law 102–393) from the Department of the Treasury Forfeiture 

Fund. 

DHS is encouraged to work with the components to evaluate the 

potential benefits of next generation body armor technology for 

DHS law enforcement personnel, including solutions made with 

ultra-high molecular weight polyethylene, which may provide increased protection against a wide range of ballistic threats in a 

12 

lighter, more flexible application that enhances comfort, mobility, 

and safety. 

Office of the Chief Human Capital Officer 

The Committee continues its support for the Cyber Statutory Authority Program and the Cybersecurity Internship Program, and includes increases above the request for both programs to sustain fiscal year 2018 funding levels. The Department is directed to update 

the Committee not later than 180 days after the date of enactment 

of this Act on the status of the programs. 

According to a February 2018 GAO report (GAO–18–175), DHS 

has taken steps to identify workforce capability gaps, but has not 

identified or reported to Congress on critical cybersecurity needs 

that align with specialty areas. The Office of the Chief Human 

Capital Officer is directed to provide, within 30 days of the date of 

enactment of this Act, a report on its efforts to identify, categorize, 

and assign employment codes to its cybersecurity positions, and all 

other efforts to satisfy requirements established by the Homeland 

Security Cybersecurity Workforce Assessment Act of 2014. 

Office of the Chief Security Officer 

The Committee remains concerned with the number of reports, 

briefings, and responses to requests for information that are designated by the Department as ‘‘For Official Use Only.’’ The Committee reminds the Department of guidance in Public Law 114–4 

and the direction in House Report 113–481 to provide clear and 

specific justifications for such classifications. 

The Committee is concerned about the Department’s compliance 

with Homeland Security Presidential Directive 12, Policy for a 

Common Identification Standard for Federal Employees and Contractors, which mandates a federal standard for secure and reliable 

forms of identification used to gain access to secure facilities where 

there is a potential for terrorist attack. The Committee is aware of 

existing technology solutions to verify access credentials in realtime that may aid in implementation of this policy, and directs 

DHS to review the solutions and brief the Committee not later 

than 90 days after the date of enactment of this Act on the results 

of its assessment. 

Office of the Chief Procurement Officer 

The Committee again directs the Department’s Chief Acquisition 

Officer to provide a briefing of summary ratings for all Level 1 and 

2 programs and reminds the Department that this is a quarterly 

requirement. 

Office of the Chief Financial Officer 

The Department shall continue to submit obligation plans on a 

quarterly basis, as detailed in Public Law 114–113 and Public Law 

115–31. The Office of the Chief Financial Officer (OCFO) shall require the use of a uniform obligation plan template to ensure consistency across components, which shall include quarterly spending 

targets for each account and PPA. Each component shall be required to report to OCFO all actual obligations and expenditures 

13 

within 20 days of the close of each quarter and OCFO shall provide 

the consolidated set of plans to the Committee within 30 days of 

the close of each quarter. OCFO will also be responsible for ensuring that components with major acquisition programs include the 

breakout of these programs within their quarterly plans and provide additional context to describe and justify any changes from the 

prior submission. 

During the period of any continuing resolution, OCFO shall provide a briefing on the corresponding obligation and budget execution plan, as directed in House Report 114–215. 

Office of the Chief Information Officer 

In order to ensure the long-term security of technology used in 

secure documents issued by the Department, the Committee directs 

DHS to review the availability of technologies to encrypt radio-frequency identification (RFID) documents and the feasibility of upgrading and encrypting current and future RFID documents. DHS 

shall brief the Committee on its assessment not later than 180 

days after the date of enactment of this Act. 

The Committee remains concerned with the slow progress in closing DHS interoperable communications gaps and, once again, directs the Department to vigorously explore how it could leverage 

partnerships with local, state, tribal, and federal entities with existing interoperable communications platforms. The Office of the 

Chief Information Officer (OCIO) is directed to update the Committee on its findings within 90 days of the date of enactment of 

this Act. 

The GAO has repeatedly identified software acquisition and licensing as high-risk due to significant vulnerabilities to fraud, 

waste, abuse, and mismanagement. The Committee notes that the 

Department received a failing grade for software licensing on the 

most recent Biannual Federal IT Acquisition Reform Act Scorecard 

from the House Oversight and Government Reform Committee. 

The Committee directs the Department to prioritize its management of software licenses, including inventory and analysis of 

usage, as required by the MEGABYTE Act of 2016 (Public Law 

114–210). 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2018 ......................................................... $29,569,000 

Budget request, fiscal year 2019 ....................................................... 246,069,000 

Recommended in the bill ................................................................... 74,920,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +45,351,000 

Budget request, fiscal year 2019 ................................................ ¥171,149,000 

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

Budget Request Recommended 

Procurement, Construction, and Improvements 

Construction and Facility Improvements ............................................................ $171,149,000 – – – 

Mission Support Assets and Infrastructure ....................................................... 74,920,000 $74,920,000 

Total, Procurement, Construction, and Improvements .............................. $246,069,000 $74,920,000 

14 

The recommendation does not include the requested $171,149,000 for further buildout of the St. Elizabeths campus. 

Over the years the General Services Administration (GSA) has had 

numerous challenges with the limitations of restoring historic 

buildings, which has led to delays in the expansion of the campus. 

Currently, DHS and GSA are working to revise the consolidation 

plan to address these delays and associated cost overruns, and develop a functional and efficient construction and lease strategy. The 

Committee directs the Department to provide this plan with a revised schedule and updated costs not later than 90 days after the 

date of enactment of this Act. 

The Committee commends the Department’s progress in implementing the Planning, Programming, Budgeting, and Execution 

(PPBE) One Number initiative, which will consolidate multiple 

PPBE systems into a unified, single system. One Number will better inform DHS leaders as they make important resource decisions, 

while improving the quality of congressional budget justification 

materials. 

The Committee recommends $39,000,000 for financial systems 

modernization (FSM), as requested. 

RESEARCH AND DEVELOPMENT

Appropriation, fiscal year 2018 ......................................................... $2,545,000 

Budget request, fiscal year 2019 ....................................................... 2,545,000 

Recommended in the bill ................................................................... 2,545,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. – – – 

Budget request, fiscal year 2019 ................................................ – – – 

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

INTELLIGENCE, ANALYSIS, AND OPERATIONS COORDINATION

Appropriation, fiscal year 2018 ......................................................... $245,905,000 

Budget request, fiscal year 2019 ....................................................... 253,253,000 

Recommended in the bill ................................................................... 259,253,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +13,348,000 

Budget request, fiscal year 2019 ................................................ +6,000,000 

Mission 

The missions supported through Intelligence, Analysis, and Operations Coordination are twofold: to equip the Homeland Security 

Enterprise with timely intelligence and information to keep the 

homeland safe, secure, and resilient; and to provide operations coordination, information sharing, situational awareness, a common 

operating picture, and departmental continuity. 

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2018 ......................................................... $245,905,000 

Budget request, fiscal year 2019 ....................................................... 253,253,000 

Recommended in the bill ................................................................... 259,253,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +13,348,000 

Budget request, fiscal year 2019 ................................................ +6,000,000 

Recommended adjustments to classified programs and more detailed oversight of funding for the Office of Intelligence and AnalVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
15 

ysis are addressed in the classified annex accompanying this report. 

OFFICE OF INSPECTOR GENERAL

Appropriation, fiscal year 2018 ......................................................... $168,000,000 

Budget request, fiscal year 2019 1 ..................................................... 138,369,000 

Recommended in the bill ................................................................... 162,369,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥5,631,000 

Budget request, fiscal year 2019 ................................................ +24,000,000 1The budget request for fiscal year 2019 proposes a directed transfer of $24,000,000 to this account from 

the Disaster Relief Fund appropriation, resulting in a total requested funding level for the OIG of 

$162,369,000. 

Mission 

The DHS Office of Inspector General (OIG) conducts and supervises independent audits, investigations, and inspections of the programs and operations of DHS, and recommends ways for DHS to 

carry out its responsibilities in the most effective, efficient, and economical manner possible. The OIG is charged with deterring, identifying, and addressing fraud, abuse, mismanagement, and waste of 

taxpayer funds invested in DHS. 

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2018 ......................................................... $168,000,000 

Budget request, fiscal year 2019 1 ..................................................... 138,369,000 

Recommended in the bill ................................................................... 162,369,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥5,631,000 

Budget request, fiscal year 2019 ................................................ +24,000,000 1The budget request for fiscal year 2019 proposes a directed transfer of $24,000,000 to this account from 

the Disaster Relief Fund appropriation, resulting in a total requested funding level for the OIG of 

$162,369,000 

The Committee recommends $162,369,000 for Operations and Support, which includes direct funding of $24,000,000 that was proposed in the budget request as a transfer from the FEMA Disaster 

Relief Fund. The Committee notes that the OIG also received 

$25,000,000 in supplemental funding in the Bipartisan Budget Act 

of 2018 (Public Law 115–123), prior to the enactment of the fiscal 

year 2018 Consolidated Appropriations Act, to provide oversight of 

major disasters that occurred in 2017. 

The Committee directs the OIG to review ICE’s implementation 

and oversight of the 287(g) program, including training, data collection, civil liberties protections, and complaint processes. The increase above the request is for increased unannounced inspections 

of immigration detention facilities and CBP holding processing facilities. ICE shall continue to publish the results of detention facility inspections and other reports related to custody operations activities on its public website. 

As the OIG continues to conduct unannounced inspections of detention facilities, the Committee encourages the OIG to pay particular attention to the health needs of detainees. 

Within 30 days of the date of enactment of this Act, the Inspector 

General shall report to the Committee on the implementation of 

and any interagency coordination associated with the previous policy of separating migrant families, the Executive Order issued on 

June 20, 2018 entitled ‘‘Affording Congress an Opportunity to AdVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
16 

dress Family Separation,’’ and efforts made to reunify families separated under the previous family separation policy. 

TITLE I—ADMINISTRATIVE PROVISIONS—THIS ACT

Section 101. The Committee continues a provision regarding 

grants or contracts awarded by means other than full and open 

competition and requires the Inspector General to review them and 

report the results to the Committees. 

Section 102. The Committee continues a provision requiring the 

Secretary to link all contracts that provide award fees to successful 

acquisition outcomes. 

Section 103. The Committee continues and modifies a provision 

requiring the Secretary, in conjunction with the Secretary of Treasury, to notify the Committees of any proposed transfers from the 

Department of Treasury Forfeiture Fund to any agency at DHS. 

Section 104. The Committee continues and modifies a provision 

related to official costs of the Secretary and Deputy Secretary. 

Section 105. The Committee continues by reference a provision 

requiring the Secretary to submit a report on visa overstay data 

and to post border security metrics on its website. 

TITLE II—SECURITY, ENFORCEMENT, AND 

INVESTIGATIONS 

U.S. CUSTOMS AND BORDER PROTECTION

Appropriation, fiscal year 2018 ......................................................... $14,017,522,000 

Budget request, fiscal year 2019 ....................................................... 14,225,132,000 

Recommended in the bill ................................................................... 17,776,257,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +3,758,735,000 

Budget request, fiscal year 2019 ................................................ +3,551,125,000 

Mission 

The mission of U.S. Customs and Border Protection (CBP) is to 

enforce laws regarding the admission of foreign-born persons into 

the United States, facilitate the flow of legitimate trade and travel, 

and ensure all persons and cargo enter the U.S. legally and safely 

through official checkpoints at ports of entry. 

Recommendation 

With the exception of marijuana, over 80 percent of all drugs 

seized on the southwest border are interdicted at the ports of entry 

(POEs), yet only a small number of vehicles are scanned for contraband with non-intrusive inspection (NII) equipment. As the next 

step in efforts to expand detection capabilities, CBP is planning to 

assess and deploy multi-lane NII platforms that can safely automate the inspection process in the primary inspection lanes at land 

POEs. 

To accelerate these efforts, the recommendation includes 

$223,000,000 above the request, to include $182,000,000 for the 

procurement of technology to initiate a five-year plan to screen 100 

percent of all vehicles that cross the southwest border and 

$41,000,000 to hire 140 canine teams and seven additional CBP officers to assist in screening. The funding level supports the continued operational assessment and requirements development process 

17 

for this effort. The combination of NII equipment, canine teams, 

and well-trained, highly skilled officers will allow CBP to combat 

the entry of illicit goods, narcotics, and humans being smuggled 

into the country, and end the exploitation of our southwest land 

POEs. 

CBP is directed to update the multi-year strategic plan directed 

in the explanatory statement accompanying Public Law 115–141, 

not later than 90 days after the date of enactment of this Act, to 

account for this additional funding. CBP is also directed to brief 

the Committee on the results of the ongoing pilots upon their completion. This briefing shall include an assessment of each platform’s ability to increase vehicle inspection throughput at the ports 

without impacting primary operations for commercial and privately 

owned vehicles. CBP is further directed to update the Committee 

on the obligation of funds for NII acquisition as a part of the required quarterly obligation plans directed in title I of this report. 

The Committee expects any procurement of technology to be competitively awarded. 

Because they are often smuggled or mailed in small amounts, 

opioids, such as fentanyl, are extremely difficult for CBP to detect. 

To address this challenge, the recommendation includes 

$108,897,000 above the request for enhancements at international 

mail facilities (IMFs) and along high-risk drug pathways, including: 

$9,797,000 for the hiring of 56 scientists and chemists at IMFs and 

field lab locations; $1,600,000 for 20 additional mission and operations support staff; $2,500,000 for field lab equipment; 

$10,000,000 for the National Targeting Center’s (NTC) counter network capabilities; $25,000,000 for port of entry technologies, to include the Border Security Deployment Program (BSDP) and license 

plate readers; $40,000,000 for X-ray systems and hand-held detection systems for IMFs and express consignment facilities (ECFs); 

and $20,000,000 for automated barcode reader technology to identify targeted packages at IMFs. CBP is directed to update the Committee on the obligation of these funds as a part of the required 

quarterly obligation plans directed in title I of this report. 

The Committee understands CBP is currently developing plans 

to provide medical and mental health screening, triage, and referral services by specialized personnel to support unaccompanied 

children in USBP custody in high volume southwest border locations, and recommends an additional $3,700,000 to continue this effort. The Committee is also concerned by the trauma experienced 

by children and their relatives, including parents, aunts, uncles, 

and grandparents, who have entered the United States fleeing violence, and makes available $3,000,000 to provide on-site mental 

health services for children and their families at CBP facilities in 

southwest border locations, along with mental health training to officers and other personnel by mental health professionals specializing in trauma treatment. 

The Committee remains aware of continued staffing shortages at 

our land, sea, and air POEs, to include IMFs and ECFs. While the 

current resource allocation model states that CBP requires over 

26,815 officers for existing requirements at the POEs, the President’s discretionary budget makes no significant attempt to mitigate this gap. These critical shortages impact trade and travel 

across all types of POEs, to include airports, bridges, cruise ship 

18 

terminals and international rail crossings. To address these concerns, the recommendation includes funding for over 370 new CBP 

Officers above the request. 

The southwest border is vast, with varied terrain ranging from 

the winding Rio Grande River to rugged mountains and dry desert. 

Temperatures can reach well beyond 100 degrees during the day in 

the summer months followed by cold temperatures at night. CBP 

shall continue its policies and activities that help protect people 

who have illegally entered the United States from the dangers inherent in crossing this terrain, including the prohibition on any activity by agents that could damage water and food caches and continued support for initiatives focused on increasing migration safety, such as the placement and maintenance of rescue beacons. 

While the Committee awaits the results of the rescue beacon survey and assessment detailed in House Report 115–239, the bill includes $1,000,000 for additional rescue beacons. 

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2018 ......................................................... $11,485,164,000 

Budget request, fiscal year 2019 ....................................................... 12,119,643,000 

Recommended in the bill ................................................................... 12,002,072,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +516,908,000 

Budget request, fiscal year 2019 ................................................ ¥117,571,000 

The fiscal year 2019 President’s budget request assumed 

$157,000,000 in revenue collections available to CBP through the 

redirection of the Electronic System for Travel Authorization 

(ESTA) surcharge fee that currently supports Brand USA, a publicprivate partnership that promotes travel to the United States by 

foreign visitors. The Committee notes that the 2014 reauthorization of the Brand USA surcharge extends through fiscal year 2020; 

any change to the current program would require the enactment of 

new authorization legislation that is not under the jurisdiction of 

this Committee. 

The recommendation supports the full cost of annualizing the 

salaries and benefits of staff CBP currently expects to hire during 

fiscal year 2018. In addition, the recommendation includes partialyear funding for new positions that were proposed in the fiscal year 

2018 budget request but for which appropriations were not provided in the fiscal year 2018 Appropriations Act. 

Increases above the request include: $10,000,000 for innovation 

technology; $1,000,000 for rescue beacons; $18,500,000 for Border 

Patrol hiring bonuses for personnel at remote locations and stations with the highest attrition; $17,500,000 for technology upgrades to the Mobile Surveillance Capability (MSC) system and for 

an Unmanned Aerial Systems (UAS) demonstration; $1,000,000 for 

Carrizo cane control efforts; $23,492,000 to annualize the cost of 

CBP officers hired in fiscal year 2018; $35,565,000 for new CBP officers; $13,800,000 for the new National Vetting Center; $5,000,000 

for the Automated Targeting System (ATS) to focus on trade efforts; and $31,000,000 for increased Air and Marine Operations 

(AMO) flying hours. 

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

19 

Budget Request Recommended 

Operations and Support 

Border Security Operations 

U.S. Border Patrol 

Operations ......................................................................................... $3,987,892,000 $3,843,187,000 

Assets and Support .......................................................................... 708,952,000 654,917,000 

Office of Training and Development ......................................................... 82,263,000 55,124,000 

Subtotal, Border Security Operations ...................................... 4,779,107,000 4,553,228,000 

Trade and Travel Operations 

Office of Field Operations 

Domestic Operations ......................................................................... 2,780,958,000 3,007,928,000 

International Operations ................................................................... 156,669,000 144,667,000 

Targeting Operations ........................................................................ 253,492,000 261,737,000 

Assets and Support .......................................................................... 876,866,000 902,174,000 

Office of Trade ........................................................................................... 272,118,000 252,715,000 

Office of Training and Development ......................................................... 47,268,000 47,268,000 

Subtotal, Trade and Travel Operations ................................... 4,387,371,000 4,616,489,000 

Integrated Operations 

Air and Marine Operations 

Operations ......................................................................................... 310,176,000 331,287,000 

Assets and Support .......................................................................... 531,231,000 531,231,000 

Air and Marine Operations Center ................................................... 45,846,000 37,812,000 

Office of International Affairs ................................................................... 44,244,000 39,636,000 

Office of Intelligence ................................................................................. 64,696,000 66,049,000 

Office of Training and Development ......................................................... 5,633,000 6,010,000 

Operations Support .................................................................................... 109,762,000 107,416,000 

Subtotal, Integrated Operations .............................................. 1,111,588,000 1,119,441,000 

Mission Support 

Enterprise Services .................................................................................... 1,508,632,000 1,468,758,000 

(Harbor Maintenance Trust Fund) .................................................... (3,274,000) (3,274,000) 

Office of Professional Responsibility ......................................................... 224,871,000 187,651,000 

Executive Leadership and Oversight ......................................................... 108,074,000 106,505,000 

Subtotal, Mission Support ....................................................... 1,841,577,000 1,762,914,000 

Adjustments to Pay Assumptions ....................................................................... – – – ¥50,000,000 

Total, Operations and Support ................................................ $12,119,643,000 $12,002,072,000 

The Committee looks forward to a briefing on a comprehensive, 

multi-year recruitment and retention strategy, as directed in the 

explanatory statement accompanying Public Law 115–141. To further address Border Patrol agent retention, the recommendation 

includes $18,500,000 for targeted bonuses specifically focused on 

personnel assigned to hard-to-fill locations and locations with significant attrition. Not later than 60 days after the date of enactment of this Act, CBP shall brief the Committee on the policy and 

execution plans for these targeted bonuses. 

The Committee continues to urge the development of a staffing 

model to inform the hiring of Border Patrol agents and AMO personnel. As directed in the explanatory statement accompanying 

Public Law 115–141, CBP shall continue to brief the Committee 

quarterly on its progress toward the development of a comprehensive assessment of CBP-wide capability gaps, to include personnel. 

Also as directed in the explanatory statement accompanying Public Law 115–141, CBP shall continue to post to its website a combined table of CBP interdictions of currency and major categories 

of drugs, delineated by seizures at and between the POEs, and at 

checkpoints. 

Section 231 of division F of Public Law 115–141 requires the Secretary to submit to the Committee, by September 19, 2018, a riskbased plan for improving security along the borders of the United 

20 

States, including the use of personnel, fencing, other forms of tactical infrastructure, and technology. The Committee looks forward 

to receiving that plan and expects it to inform future budget requests. 

CBP recently announced that it was beginning a six-month testing period at nine field sites for its Incident-Driven Video Recording Systems program, which will combine body worn cameras, vehicle mounted cameras, and fixed cameras in operational environments along the U.S. land border, at and between POEs, and at 

international airports and seaports. CBP is directed to provide a 

briefing to the Committee on the results of the pilot upon its completion and assessment, including details on lessons learned for 

policy, privacy, and resource requirements. 

As previously directed in House Report 115–239, CBP shall continue to report to the Committee the following: the number of detainees held by CBP for more than 48 and 72 hours, respectively; 

allegations related to employee corruption and use of force abuses; 

and checkpoint, transportation checks, and roving patrol stop operations. 

The Committee notes that CBP is taking steps to improve the efficiency and effectiveness of its automated cargo processing system 

for tractor-trailers crossing the nation’s land borders, including a 

proof-of-concept pilot at the World Trade Bridge POE in Laredo, 

Texas. The Committee urges CBP to continue to prioritize these activities and directs CBP to provide a briefing on its efforts to improve automated commercial cargo processing at land POEs not 

later than 60 days after the date of enactment of this Act. The 

Committee encourages CBP to leverage the concept of operations 

for the World Trade Bridge proof-of-concept pilot to make concurrent investments in technology and screening processes that would 

maximize the flow of commercial cargo through U.S. Border Patrol 

checkpoints, particularly the checkpoint located on I–35 North; the 

Committee notes that if this checkpoint were a POE, it would be 

the fourth busiest one for commercial vehicles. 

The Committee directs CBP to provide regular updates on its 

progress in addressing the recommendations identified in GAO–17– 

765T, related to the management of surveillance technology plans 

and programs; GAO–17–618, related to trade enforcement planning; and GAO–18–119, related to data quality and effectiveness of 

Border Patrol surveillance technology. 

In an effort to enhance CBP mission integration, the Commissioner directed the creation of a working group in 2017 to improve 

coordination between AMO and the USBP. The Commissioner recently approved the working group’s recommendations, which are 

now being implemented, including: the establishment of a small 

UAS program of record managed by USBP; the initiation of an 18- 

month maritime pilot program allowing unrestricted USBP maritime operations and expanding the Supplemental Vessel Crewmember Program, which allows Border Patrol agents to augment 

the activity of AMO vessels operating on the Great Lakes; and the 

establishment of executive councils, consisting of the Commissioner 

and the leadership of AMO and USBP, who meet regularly to discuss the Border Patrol’s flight hour requirements and AMO’s ability to meet them. The Committee supports these efforts and directs 

CBP to provide regular updates on them. 

21 

The Committee understands that it is CBP’s policy that enforcement actions at sensitive locations—including but not limited to 

schools, healthcare facilities, places of worship, religious or civil 

ceremonies or observances, and public demonstrations—should generally be avoided, and require either prior approval from an appropriate supervisory official or exigent circumstances necessitating 

immediate action. The policy is intended to ensure that anyone 

seeking to participate in activities or utilize services provided at 

such locations are free to do so without fear or hesitation. The 

Committee expects CBP to continue to follow this policy, which balances the requirement to enforce the law with the impacts that 

these actions may have on communities. 

The Committee encourages the Department to utilize its authority to accept donations from the private sector, nongovernmental 

organizations, and other groups independent of the federal government, including medical goods and services, school supplies, toys, 

clothing, and any other items intended to promote the wellbeing of 

alien children in the custody of CBP. 

To the extent practicable, and so long as it is appropriate and in 

the best interest of the children involved, in cases where U.S. Customs and Border Protection is responsible for the custody of siblings who are unaccompanied alien children (as defined in section 

462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), 

the Commissioner shall place such siblings in the same facility. 

U.S. Border Patrol Sector Chiefs shall play a primary role in determining the type and location of all tactical infrastructure, such 

as physical barriers, roads, communication towers, surveillance 

towers, or other tactical infrastructure and technology to be deployed in their area of responsibility. The Committee encourages 

Sector Chiefs to consult State and local elected officials and other 

stakeholders during the decision making process. 

The Committee commends the Department’s efforts to help facilitate the development of common or complementary approaches 

with Mexico in areas of mutual, including facilitating the cross-border transit of low-risk cargo and passengers and combatting crossborder violence and criminal networks. The Committee encourages 

the Department, in cooperation with the Department of State, to 

continue these efforts with the new Mexican administration and to 

explore new opportunities for cooperation, such as through the establishment of a cross-border working group, and to report back to 

the Committee within 90 days of the date of enactment of this Act 

on progress made in this regard. 

The Committee is concerned with reports that transnational 

criminal organizations may combine narcotics and humans in illicit 

smuggling attempts, thereby endangering the lives of individuals 

being smuggled. The Committee directs the Department to work 

with its federal law enforcement partners to ensure that the enforcement of anti-drug and anti-smuggling laws is carried out in a 

manner protective of human life and safety. In particular, DHS 

should work to prevent the passage of any vehicle through a checkpoint or port of entry for purposes of a controlled delivery by another law enforcement agency if the vehicle may contain individuals being smuggled under unsafe conditions, such as the smuggling of one or more individuals in a confined or non-air conditioned space. 

22 

The Committee encourages CBP to explore the feasibility of allowing older firearms being cycled out of CBP inventories to be 

purchased by other law enforcement agencies, along with whether 

any additional authorities would be necessary for this approach, as 

a way of partially offsetting the costs of new, replacement firearms. 

The Committee encourages CBP to collaborate with the Science 

and Technology Directorate to explore a demonstration of buildingscale, direct potable water reuse capabilities for on-site sustainable 

water at CBP Forward Operating Bases (FOB). A deployable and 

easy-to-use on-site, wastewater treatment system that minimizes 

energy and water usage would improve the security of U.S. Border 

Patrol agents, while reducing costs and environmental impacts by 

avoiding the need to transport fresh water to the FOBs. 

The Committee directs DHS to coordinate with the Department 

of Justice to facilitate the availability of courtroom space within 

immigration detention facilities along the U.S.-Mexico border to accommodate the appointment of additional immigration judges, as 

necessary to provide for a more timely adjudication of asylum 

claims and reduce the immigration court backlog while ensuring 

that due process is observed. 

Border Security Operations 

Following the completion of multi-year pilot efforts for the control 

of Carrizo cane along the Rio Grande River in Texas, CBP and the 

U.S. Department of Agriculture plan to initiate a long term Carrizo 

cane control program in fiscal year 2018 that will employ both mechanical topping and the use of biological control agents. The recommendation includes an increase of $1,000,000, for a total of 

$2,000,000, to accelerate these efforts in fiscal year 2019. CBP 

should continue to coordinate with the Texas State Soil and Water 

Conservation Board and other stakeholders on control efforts. The 

Committee directs CBP to provide updates on the performance of 

this program with regard to increased visibility, biomass reduction, 

and miles of river treated. 

The Committee directs CBP to provide a briefing not later than 

90 days after the date of enactment of this Act, on the operational 

evaluation of acoustic hailing device equipment, including pilot and 

demonstration projects in the Imperial Beach and Calexico Border 

Patrol stations. 

The Committee encourages CBP to explore options to integrate 

Small Unmanned Aerial Systems (sUAS) with MSC to allow for the 

distribution of real-time aerial surveillance data to agents in the 

field and to expand the surveillance capability of the MSC platform. Of the funds made available under this heading, not less 

than $2,500,000 shall be used to conduct a technical demonstration 

to develop the requirements and concept of operations for the integration of sUAS with MSC. 

Border Patrol sector chiefs often have the most comprehensive 

understanding of the challenges faced in their geographic area of 

responsibility. The Committee encourages all state, local, tribal, 

and federal law enforcement agencies working in the southwest 

border region to collaborate and operationally coordinate, when feasible, with sector chiefs in their respective geographical regions. 

Within 90 days of the date of enactment of this Act, CBP shall 

brief the Committee on its search and rescue efforts for fiscal year 

23 

2018, as detailed in House Report 115–239, with a particular emphasis on the Border Patrol’s policies, methodology, and oversight 

related to how migrant deaths are counted. Additionally, the Committee continues to direct CBP to report the death of any individual in CBP custody, in the temporary custody of other law enforcement agencies on behalf of CBP, or subsequent to the use of 

force by CBP personnel within 24 hours, including relevant details 

regarding the circumstances of the fatality. 

Trade and Travel Operations 

The Committee recommends $13,800,000 to support the initial 

stand-up costs for the National Vetting Center, to include a case 

management tool, ATS software enhancements, and 20 new positions. Additionally, $5,000,000 is provided to enhance ATS information integration in support of more effective identification of highrisk trade patterns and entities. 

While the Office of Field Operation’s (OFO) resource allocation 

model has greatly improved its ability to make informed staffing 

decisions, the Committee understands that CBP must routinely update the model to account for new trade and travel data and to address any newly identified gaps, including airport expansions. Any 

modifications to the model shall be described in future budget submissions. To avoid law enforcement and security sensitivities, CBP 

is encouraged to provide staffing requirements at the field office 

level. Additionally, not later than 60 days after the date of enactment of this Act, CBP shall brief the Committee on resource shortfalls on the northern and southern borders compared to levels prescribed by the resource allocation model for rail crossings and 

POEs in the land, air, and sea environments, including cruise ship 

terminals. 

The Committee recognizes the need for uniform application and 

enforcement of coastwise laws across the nation. CBP shall devote 

not less than $1,000,000 to its Jones Act Division of Enforcement. 

The duty drawback program, including the Accelerated Payment 

privilege, is an important export-promotion tool for U.S. manufacturers, exporters, and workers. Accelerated Payment claims must 

meet all applicable legal requirements for a complete claim using 

the calculation methodology that is established by CBP regulation. 

The Trade Facilitation and Trade Enforcement Act of 2015 

(TFTEA) significantly changed the circumstances under which 

drawback can be claimed, and required the development of a new 

drawback calculation methodology to be codified in an updated regulation. The Committee understands that review of the proposed 

regulation has taken a significant amount of time, but TFTEA was 

explicit in requiring that the regulations for determining the calculation of amounts refunded as drawback be prescribed within two 

years of the date of enactment, or February 24, 2018. The Committee finds the lack of progress towards meeting this statutory requirement to be unacceptable, particularly because it undermines 

the one-year transition period for allowing drawback claims under 

both the new and old rule, which is set to expire on February 24, 

2019. Therefore, the Committee directs DHS, Treasury, and OMB 

to take immediate steps to: (1) expedite the completion of the regulation; (2) provide the Committee and the Committee on Ways and 

Means with an anticipated completion timeline; and (3) provide upVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00023 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
24 

dates to the Committee and the Committee on Ways and Means 

every 60 days on progress until the completion and release of the 

regulation. 

The Committee directs CBP to provide a detailed expenditure 

plan for biometric exit activities within 90 days of the date of enactment of this Act, as directed in House Report 114–668. 

Following a number of CBP litigation setbacks, settlements, and 

administrative errors, CBP determined that a number of companies 

received incorrect payments of collected duties under the Continued 

Dumping and Subsidy Offset Act (CDSOA). CBP has now directed 

domestic companies that received incorrect payments to return 

those payments, which the Committee believes poses an unfair burden on them. CBP is directed to determine the impact of such repayments on U.S. producers and to notify the Committee prior to 

recouping such payments or reducing future payments. The Committee further directs CBP to develop strategies that will allow for 

more accurate CDSOA payments in the future. 

After the bombing of the Alfred P. Murrah Federal Building in 

Oklahoma City in 1995, the Interagency Security Committee (ISC) 

was established to create safety standards for federal buildings. 

Those standards play a crucial role in keeping federal employees 

safe today. Consistent with ISC standards, the Committee encourages CBP to work closely with local governments to grant reasonable requests for easements and other accommodations to encourage pedestrian and bicycle traffic in congested urban environments 

without jeopardizing the safety of the federal workforce. 

The Committee encourages CBP to work with U.S. Citizenship 

and Immigration Services to provide lawful permanent residents 

who arrive at POEs with information about the naturalization 

process and to encourage them to apply for citizenship. 

Our nation’s air, land, and sea POE facilities are in need of improvements and modernization to enhance and improve the Department’s efforts to secure our borders and facilitate legitimate travel, 

trade, and commerce. The Committee directs the Department to 

submit a report that details its prioritization of POE infrastructure 

capital investment projects, the methods and models used to determine prioritization, and an overview of Public-Private Partnership 

agreements. 

Within 90 days of the date of enactment of this Act, CBP shall 

update for fiscal year 2019 the report on overtime for CBP officers 

described in House Report 115–239. In addition, CBP is directed to 

continue working with the U.S. Department of Agriculture to better 

leverage existing staff to address the agriculture inspection workload, such as through the authorization of additional work hours or 

dual certification, and to report back to the Committee on its efforts within 90 days of the date of enactment of this Act. 

The Committee remains concerned that the agency has adopted 

a policy that disallows drawback claims under section 1313(j)(2) for 

refund of taxes imposed on certain imported products. As noted in 

House Report 114–668, CBP is required to refund any duties, 

taxes, and fees imposed on imported products if they are later exported or destroyed, or if commercially interchangeable products 

manufactured in the United States are subsequently exported. Additionally, CBP is expected to comply with the direction in the exVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00024 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
25 

planatory statement accompanying Public Law 115–141 with respect to drawbacks. 

Consistent with House Report 114–668, the Committee strongly 

encourages CBP to give priority consideration to an application for 

POE status to any user fee airport that served at least 75,000 

deplaned international passengers in the previous calendar year. The recommendation includes not less than $25,000,000 for upgrades to POE technology, to include the BSDP and license plate 

reader technology. 

CBP should continue to provide regular updates on its public 

website regarding progress in implementing recommendations from 

GAO–16–542, related to anti-dumping and countervailing duties, 

and on the status of implementing the requirements of Executive 

Order 13785, Establishing Enhanced Collection and Enforcement of 

Antidumping and Countervailing Duties and Violation of Trade 

and Customs Laws. 

The Committee is concerned by the continued ability of international drug traffickers to import significant quantities of deadly 

narcotics by exploiting vulnerabilities in our mail systems. The establishment of Advance Electronic Data (AED) targeting capabilities at five IMFs is a positive step, and CBP should quickly expand 

the program to additional facilities. CBP is directed to keep the 

Committee updated on the staffing and technological resources 

needed to more effectively interdict illicit drugs channeled through 

IMFs and ECFs. 

CBP is directed to continue working with Great Lakes seaports, 

cruise vessel operators, and other stakeholders to develop a cruise 

passenger clearance plan, and shall continue using mobile onboard 

passenger clearance technology until such time as that plan has 

been implemented. The Committee looks forward to receiving the 

briefing on this issue required by the explanatory statement accompanying Public Law 115–141. 

The Committee directs CBP to provide a report not later than 90 

days after the date of enactment of this Act on its implementation 

of current law with respect to parole for vessel lightering activities, 

to include import and export of crude oil in ship-to-ship transfer operations. 

The Committee expects CBP to work with seaports, cruise vessel 

operators, and other stakeholders to determine the appropriate 

number of CBP officers that need to be deployed at seaports to 

properly and efficiently handle the clearance of cruise passengers. 

Integrated Operations 

In order to increase surveillance capabilities on the southwest 

border, the Committee recommends an additional $31,000,000 for 

increased AMO flight hours. These funds may be used for increased 

aircrew personnel; support staffing; contract pilots for training or 

surge operations; equipment upgrades; training; maintenance; fuel; 

and spares. Not later than 30 days after the date of enactment of 

this Act, AMO shall brief the Committee on execution plans for the 

funds, to include potential out-year resource requirements and the 

number of flight hours that can be achieved with the funding. 

The Committee recommends $37,812,000 for the Air and Marine 

Operations Center to reflect more accurate staffing needs based on 

fiscal year 2018 hiring. 

26 

The Committee notes that CBP uses an oversight framework and 

procedures that ensure that the use of its UAS is in compliance 

with privacy and civil liberty laws and standards. To effectively 

monitor such compliance, the Committee expects DHS to track the 

number of times these systems are used along the border, in a maritime environment, or in support of state, local, and tribal law enforcement entities, and directs DHS to make this information publicly available. 

Mission Support 

As CBP continues to struggle to onboard new agents and officers, 

the Committee again encourages CBP to use exhibitions of the Border Patrol Pistol Teams as a recruitment tool, particularly if paired 

with the establishment of a marksmanship program. 

The Committee understands that CBP is carrying out a Southern 

Border Threat Assessment to help inform future border security investments, including the appropriate mix of personnel, technology, 

and infrastructure. To accelerate the efficient acquisition of border 

security technologies and maximize industry expertise, the Committee urges the Department and CBP to explore and expand the 

use of rapid and non-traditional acquisition tools, such as Other 

Transaction Authority and innovative commercial solutions authority provided under section 880 of Public Law 114–328. 

In addition, the Committee believes that DHS and CBP would 

benefit from early collaboration with industry stakeholders on the 

analysis of border security requirements, identification of available 

technologies, design of technology and system architectures, measurement of investment effectiveness, and selection of acquisition 

strategies. To that end, the Committee urges DHS and CBP to encourage industry efforts to establish consortia through which industry participants could collaborate to better inform CBP’s border security requirements and provide more effective border security solutions. To the extent that existing authorities constrain the ability 

to contract with such consortia, DHS is directed to provide technical assistance to the Committee to identify statutory changes required to facilitate such contracting. 

To improve oversight on the execution of funding for personnel, 

the Committee directs CBP to submit a report not later than 15 

days after the end of each month on staffing numbers, to include 

gains and losses by pay period during the month. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2018 ......................................................... $2,281,357,000 

Budget request, fiscal year 2019 ....................................................... 1,841,548,000 

Recommended in the bill ................................................................... 5,510,244,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +3,228,887,000 

Budget request, fiscal year 2019 ................................................ +3,668,696,000 

The Committee includes the following increases above the request: $3,273,696,000 for border infrastructure; $3,000,000 for 

Cross Border Tunnel Threats; $10,000,000 for continued efforts on 

innovative towers; $40,000,000 for the Remote Video Surveillance 

System; $10,000,000 for sUAS, to include nano-UAS; $16,000,000 

for linear ground detection capabilities; $182,000,000 for NII to increase vehicle and cargo scanning on the southern border; 

27 

$40,000,000 for X-ray systems and hand-held detection systems for 

IMFs and ECFs; $20,000,000 for automated barcode reader technology to identify targeted packages at IMFs; $15,000,000 for Automated Commercial Environment enhancements for collections and 

post core development; $30,000,000 for one additional multi-role 

enforcement aircraft, to include a VADER sensor; and $29,000,000 

for one additional large-scale UAS, to include a ground station and 

an associated VADER sensor. 

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

Budget Request Recommended 

Procurement, Construction, and Improvement 

Border Security Assets and Infrastructure ......................................................... $1,647,304,000 $5,000,000,000

Trade and Travel Assets and Infrastructure ...................................................... 44,237,000 301,237,000 

Integrated Operations Assets and Infrastructure 

Airframes and Sensors .............................................................................. 83,241,000 142,241,000 

Construction and Facility Improvements ............................................................ 48,222,000 48,222,000 

Mission Support Assets and Improvements ....................................................... 18,544,000 18,544,000 

Subtotal, Procurement, Construction, and Improvements ........................ $1,841,548,000 $5,510,244,000 

CBP is to be commended for pursuing innovative technologies 

that improve situational awareness and operational control of our 

border. The Committee notes efforts to pilot a technology platform 

east of San Diego that combines smart object detection sensors 

with machine learning and computer vision capabilities, which 

should improve the assessment and classification of perimeter 

threats along the border and enable the more efficient deployment 

of CBP resources. Based on the results of the initial pilot, the Committee encourages CBP to pursue additional deployments along the 

northern and southern borders. 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

Appropriation, fiscal year 2018 ......................................................... $7,075,874,000 

Budget request, fiscal year 2019 ....................................................... 8,291,530,000 

Recommended in the bill ................................................................... 7,403,510,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +327,636,000 

Budget request, fiscal year 2019 ................................................ ¥888,020,000 

Mission 

U.S. Immigration and Customs Enforcement (ICE) enforces federal laws governing border control, customs, trade, and immigration to promote homeland security and public safety. 

Homeland Security Investigations (HSI) is responsible for disrupting and dismantling transnational criminal threats facing the 

United States. HSI special agents also conduct national security investigations targeting violations of the nation’s customs and immigration laws. 

Enforcement and Removal Operations (ERO) enforces the nation’s immigration laws by identifying and apprehending removable 

aliens, detaining apprehended individuals when necessary, and removing them from the United States in a manner consistent with 

legal processes and procedures. 

28 

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2018 ......................................................... $6,993,975,000 

Budget request, fiscal year 2019 ....................................................... 8,221,099,000 

Recommended in the bill ................................................................... 7,333,079,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +339,104,000 

Budget request, fiscal year 2019 ................................................ ¥888,020,000 

The recommendation includes funding for over 400 additional 

personnel and for 44,000 detention beds, an increase of 3,480 beds 

above the 2018 enacted level. The recommendation does not assume the requested $207,000,000 in Immigration Examination 

User Fee revenue to help offset costs for eligible activities in this 

account due to concerns with the impact to U.S. Citizenship and 

Immigration Services (USCIS) operations and the growing backlog 

in applications for immigration benefits. 

The following increases are included above the request: 

$10,000,000 to sustain fiscal year 2018 enhancements for the Child 

Exploitation Investigations Unit and the Angel Watch Center; 

$9,200,000 for the Human Exploitation Rescue Operative (HERO) 

Corps program, of which $1,500,000 is for paid apprenticeships and 

$1,000,000 is for an increase of eight Computer Forensics Analysts 

(CFA) for the Child Victim Identification Program; $10,000,000 for 

the Victim Assistance Program; $1,300,000 for an interoperable, 

nationwide information sharing platform; $2,000,000 for upgrades 

to the Sexual Offender Registration and Notification Act exchange 

portal; $7,000,000 for the Biometric Identification Migration Alert 

Program (BITMAP); $21,000,000 for the Visa Security Program; 

$3,000,000 for self-service kiosks that facilitate check-ins by individuals on the non-detained docket; and $28,000,000 for 19,000 

more daily Alternatives to Detention (ATD) participants. 

The Committee directs ICE, with CBP, USCIS, and the Office of 

the Chief Financial Officer to provide the Committee with regular 

updates on apprehensions, the average daily population (ADP) in 

ICE detention, asylum claims, the number of prosecution referrals 

to DOJ, and the number of referrals accepted by DOJ. These updates should also include information on how the Department is 

executing its current year and fiscal year 2019 funding compared 

to the enacted appropriations levels. 

The Committee reminds the Department and ICE that while 

Public Law 115–141 provides authority to address unanticipated 

detention needs within the Operations and Support appropriation, 

they must carefully consider the budgetary impacts of any new enforcement policies prior to their implementation. 

The Committee is concerned by the trauma that has been suffered by children and their relatives, including parents, aunts, uncles, and grandparents, entering into the United States, many of 

whom are fleeing violence. The Committee provides $3,000,000 to 

provide on-site mental health services for children and their families and mental health training to officers and staff by mental 

health professionals specializing in trauma treatment at ICE detention facilities. 

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

29 

Budget Request Recommended 

Operations and Support 

Homeland Security Investigations 

Domestic Investigations ............................................................................ $1,385,777,000 $1,621,594,000 

International Investigations ....................................................................... 150,691,000 180,997,000 

Intelligence ................................................................................................ 73,799,000 74,794,000 

Subtotal, Homeland Security Investigations .................................... 1,610,267,000 1,877,385,000 

Enforcement and Removal Operations 

Custody Operations .................................................................................... 3,520,476,000 3,050,447,000 

Fugitive Operations .................................................................................... 255,864,000 149,384,000 

Criminal Alien Program ............................................................................. 619,109,000 290,321,000 

Alternatives to Detention ........................................................................... 184,446,000 213,142,000 

Transportation and Removal Program ...................................................... 511,058,000 408,056,000 

Subtotal, Enforcement and Removal Operations ............................. 5,090,953,000 4,111,350,000 

Mission Support .................................................................................................. 1,214,436,000 1,086,730,000 

Office of the Principal Legal Advisor ................................................................. 305,443,000 257,614,000 

Total, Operations and Support .................................................................. $8,221,099,000 $7,333,079,000 

The Committee fully supports ICE’s efforts to enhance public 

safety in the interior of the United States through the enforcement 

of immigration laws and believes doing so strengthens the security 

of the nation. To that end, the bill includes funding for additional 

personnel and detention beds. The Committee expects ICE to continue to prioritize the apprehension and removal of criminal aliens 

and those individuals who pose a risk to national security and public safety, as described in Executive Order 13768. 

In the execution of these activities, ICE should ensure that field 

personnel, including ERO officers, are appropriately trained on all 

agency policies and procedures involving detained parents and 

legal guardians, including ICE’s directive on the Detention and Removal of Alien Parents or Legal Guardians and time of arrest protocols to minimize harm to children. 

Additionally, the Committee understands it is ICE’s policy that 

enforcement actions at sensitive locations—identified as schools, 

healthcare facilities, places of worship, religious or civil ceremonies 

or observances, and public demonstrations—should generally be 

avoided, and require either prior approval from an appropriate supervisory official or exigent circumstances necessitating immediate 

action. The policy is intended to ensure that anyone seeking to participate in activities or utilize services provided at such locations 

are free to do so without fear or hesitation. The Committee expects 

ICE to continue to follow this policy, which balances the requirement to enforce the law with the impacts that these actions may 

have on communities. 

The Committee directs ICE’s Office of Detention Oversight to 

conduct unannounced inspections of all ICE family residential centers at least twice per year, with the results of each inspection 

promptly published on ICE’s website. 

The Committee directs the Department to make any form required to be signed by a detained person to be written in both 

English and Spanish. 

The Committee notes with concern the detention of members of 

religious minorities from Iraq, particularly the Iraqi Chaldean 

Christian community, by Immigration and Customs Enforcement 

for possible deportation. Congress and the Department of State 

have recognized that a genocide has been committed against 

30 

Chaldeans and other religious minorities in Iraq. The Committee 

recommends that ICE refrain from prioritizing the deportation of 

people who will be subject to violent persecution and death in their 

countries of origin. 

Homeland Security Investigations 

The recommendation includes $12,000,000 to sustain fiscal year 

2018 enhancements for the Child Exploitation Investigations Unit, 

the Angel Watch Center, and the Computer Forensics Analyst 

(CFA) pilot. The Committee notes that the pilot is intended to provide career advancement options for existing HERO personnel, not 

new HERO graduates. An additional $1,500,000 is made available 

for paid apprenticeships for HERO Child Rescue Corps participants 

during the field portion of their apprenticeships, and an additional 

$1,000,000 is provided for an increase of eight CFAs for the Child 

Victim Identification Program. Additionally, $2,000,000 is provided 

for upgrades to the Sexual Offender Registration and Notification 

Act exchange portal. 

Within the total, not less than $1,300,000 is provided to support 

an interoperable, nationwide information sharing platform related 

to the relationships of gang members, the identification of trafficking routes, and federal coordination between ICE, CBP, and 

DOJ. 

ICE plays a critical role in investigating criminal organizations 

that traffic individuals into and within the United States. The 

Committee encourages ICE to work with appropriate nonprofit organizations and victim service providers to improve the training of 

ICE officers in the field to assist in the identification of human 

trafficking victims and provide appropriate referrals to victim service organizations. 

The Committee recommends an increase of $10,000,000 for the 

HSI Victim Assistance Program for additional Victim Assistance 

Specialists (VAS), Forensic Interview Specialists, and related personnel, in addition to the program’s base funding level of 

$7,653,893. These additional resources are intended to ensure that 

HSI’s victim assistance capability is commensurate with that of 

other federal law enforcement agencies, and will enable the placement of a VAS with every human trafficking task force in which 

HSI participates. 

The total includes not less than $305,000 for promoting public 

awareness of the child pornography tip line and not less than 

$15,770,000 for investigations of forced labor law violations, to include forced child labor. ICE is directed to continue to submit an 

annual report on expenditures and performance metrics associated 

with forced labor law enforcement activities. 

The Committee supports not less than $15,000,000 for intellectual property law enforcement through the work of HSI and the 

National Intellectual Property Rights (IPR) Coordination Center, 

and directs ICE to ensure that the National IPR Center is properly 

staffed to facilitate continued enforcement actions against the theft 

of U.S. intellectual property, particularly online, as required in 

Public Law 114–125. Based on a new wave of digital copyright piracy involving devices and software that connect consumers’ televisions directly to copyright-theft sites, the Committee directs ICE 

31 

to increase investigations and enforcement to thwart illicit streaming involving media boxes and televisions. The recommendation includes $20,000,000 for the Biometric 

Identification Migration Alert Program (BITMAP), $7,000,000 

above the request. Not later than 60 days after the date of enactment of this Act, DHS shall brief the Committee on the execution 

of the additional funding and on BITMAP efforts and expansion. 

Within the total for International Investigations, the Committee recommends $65,000,000 for the Visa Security Program, $5,000,000 

above the fiscal year 2018 enacted level and $21,000,000 above the 

request, to continue the expansion of the program. Not later than 

60 days after the date of enactment of this Act, ICE shall brief the 

Committee on expansion plans and on efforts to implement the recommendations in GAO–18–314, Actions Needed to Strengthen Performance Management and Planning for Expansion of DHS’s Visa 

Security Program. 

Within 90 days of the date of enactment of this Act, ICE is directed to brief the Committee on its plan and schedule for completing its ongoing evaluation of the potential use of body worn 

cameras in its field enforcement activities. The Committee notes 

that CBP has conducted studies on their use of body worn cameras 

and encourages ICE to coordinate with CBP on lessons learned. 

Enforcement and Removal Operations 

The Committee recommends an increase of $35,000,000 above 

the budget request for the ATD program, and directs ICE to 

prioritize ATD participation for vulnerable populations, including 

families. Within the total, $28,000,000 shall be for additional capacity in the current ATD program and $7,000,000 shall be for the 

first year of a five-year family case management pilot program 

(FCMP) that leverages holistic case management strategies to improve participant compliance with immigration court adjudication 

obligations. The pilot shall include an annual average of not fewer 

than 1,000 head of household participants ICE should use lessons 

learned from the February 2018 Family Case Management Closeout Report to inform the design and implementation of this new 

pilot, and shall brief the Committee prior to initiating the pilot. 

Funding provided under Custody Operations supports the hiring 

of additional personnel, including personnel to help manage the increased number of ATD participants and participants in the FCMP. 

The Committee directs GAO to provide to the Committee an annual review of the FCMP pilot, with a particular focus on the design, implementation, performance, and costs of the pilot when 

compared to a ‘‘control population’’ of ATD participants that receive 

traditional case management support. ICE is strongly encouraged 

to consult with GAO on best practices for the design, implementation, and evaluation of pilot programs prior to the initiation of this 

pilot. 

Additionally, ICE is directed to work with the Department of 

Justice to better prioritize the adjudication of the cases of families, 

such as enrolling families on ATD, including the FCMP, onto the 

detained docket, which should ensure that their cases would be 

heard just as quickly as if they were in detention. While the immigration adjudication process for families enrolled in ATD has historically taken years, the process could be significantly shortened 

32 

if the immigration courts were to make the adjudication of family 

cases a top priority. 

ICE shall continue to report and/or make public the following, as 

detailed in House Report 115–239, and shall follow the previously 

directed timeframes unless otherwise specified: 

—Semi-annual update on UACs who age out while in ORR 

custody. 

—Secure Communities report. 

—Requirements related to detention facility inspections; 

death in custody reporting, with subsequent reporting to be released within 90 days of the initial report unless additional 

time is required for redacting personally identifiable information; access to facilities; detainee locator information; changes 

to the current detention facility category and inspection framework; and compliance with the 2011 Performance Based National Detention Standards (PBNDS 2011) and Prison Rape 

Elimination Act requirements. 

—Weekly Rate of Operations for Custody Operations. 

The Department shall continue to submit data on the deportation 

of parents of U.S.-born children semiannually, as in prior years, 

and shall also report on removals of honorably discharged members 

of the armed services. Additionally, the Committee directs ICE to 

provide a semi-annual report to the Committee detailing the number of individuals, by field office, who are detained by ICE for removal from the United States but are subsequently determined to 

be U.S. Citizens, along with the average and median lengths of 

stay in detention for such individuals. The report should also describe ICE’s process for adjudicating claims of U.S. citizenship by 

individuals it arrests for removal from the United States; major impediments to more quickly resolving such claims; and ICE’s efforts 

to mitigate those impediments. The report shall also include details 

on the number of DACA recipients detained. The first report is due 

within 90 days of the date of enactment of this Act. 

ICE should ensure that operators of family detention facilities do 

not prevent co-sleeping by parents and their young children, which 

can be a source of comfort to children in unfamiliar circumstances. 

Section 287(g) of the Immigration and Nationality Act authorizes 

ICE to enter into memoranda of understanding with state and local 

law enforcement entities, through which ICE delegates limited authority to enforce federal immigration laws within their jurisdictions under ICE’s direct supervision. These agreements serve as an 

extension of the Criminal Alien Program by directly supporting 

ICE’s efforts to determine the immigration status of individuals 

taken into custody by local law enforcement in the course of their 

normal law enforcement duties. With the implementation of Executive Order 13768, Enhancing Public Safety in the Interior of the 

United States, the number of agreements has increased from 31 to 

78, with additional agreements coming on line in the coming 

months. The Committee supports ICE’s efforts to increase the number of state and local law enforcement entities participating in the 

287(g) program in order to identify criminal aliens and recommends the requested level of $75,520,000 to support the 287(g) 

program, which is $51,200,000 more than the fiscal year 2018 level. 

ICE is required to continue its regular use of steering committees 

for each jurisdiction, including the participation of external stakeVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00032 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
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holders, to monitor the performance and oversight of 287(g)-designated officers, and shall also continue to provide an annual 

287(g) report, as detailed in House Report 115–239, which should 

also describe any plans for future expansion of or changes to the 

use of its 287(g) authority. 

The Committee also expects ICE, the Office of Inspector General 

(OIG), and the Office for Civil Rights and Civil Liberties to continue providing rigorous oversight of the 287(g) program, and directs ICE to notify the Committee prior to implementing any significant changes to the program, including any changes to training 

requirements, data collection, or selection criteria. 

Due to the high up-front costs associated with expanding ICEowned Service Processing Centers, the Committee urges that increases to detention capacity during fiscal year 2019 be achieved 

through an expansion of private sector contracts, Inter-governmental Service Agreements (IGSA), and Inter-governmental Agreements (IGA). 

ICE shall provide a report to the Committee, not later than 90 

days after the date of enactment of this Act, identifying for each 

detention contract, IGSA, or IGA the detention standards under 

which it is inspected and the status of its compliance with Prison 

Rape Elimination Act (PREA) standards; all fiscal year 2018 costs 

by category, as appropriate; and the number of authorized and average number of on-board medical and mental health personnel, if 

any, during the fiscal year. In addition, the Director of ICE shall 

continue to report to the Committees at least 30 days in advance 

of entering into any new or significantly modified detention contract or other detention agreement that does not meet or exceed 

the Performance-Based National Detention Standards 2011, as revised in 2016. Each report shall include a justification for why such 

contract or agreement requires different standards. 

According to ICE, 89 percent of its ADP in detention is housed 

in facilities that are contractually required to comply with either 

DHS PREA standards or Department of Justice PREA standards. 

Under PREA, DHS is required to bring detention facilities into 

compliance when entering into any new, renewed, or substantively 

modified detention contracts. Because detention contracts are of an 

indefinite duration, however, ICE has been unable to provide a 

schedule under which PREA standards will apply to 100 percent of 

its detention facilities. Within 30 days of the date of enactment of 

this Act, ICE is directed to provide an estimate to the Committee 

for the cost of bringing the remaining detention facilities into compliance with PREA standards by the end of fiscal year 2019. 

Within 30 days of the date of enactment of this Act, ICE is directed to brief the Committee on its progress in implementing the 

five recommendations made by the OIG in its recent report on detention standards (OIG–18–67). In addition, the Committee directs 

GAO to follow-up on the OIG report by examining ICE’s management and oversight of detention facilities, including the extent to 

which DHS has (1) effective mechanisms in place to monitor compliance with applicable detention facility standards, including implementation of corrective actions; and (2) effective processes in 

place for obtaining and addressing complaints from aliens in detention facilities. GAO shall provide a preliminary briefing to the 

34 

Committee on its findings within 180 days of the date of enactment 

of this Act. 

Individuals detained in ICE detention facilities can voluntarily 

participate in work programs at those facilities, doing jobs such as 

cooking, laundry, and providing janitorial services. The Committee 

is aware of reports, however, that some detainees have been pressured to perform such work and were penalized if they refused. The 

OIG is directed to review ICE policies and oversight of contract detention facilities related to detainee work programs, with a particular focus on how ICE can ensure that such work is strictly voluntary. 

The Committee directs ICE to make public the following statistics, to be updated monthly: the average bond amount for detainees; the percentage of detainees released after paying a bond; the 

average length of detention for individuals who are released on 

bond; and the average length of detention for individuals offered release on bond who remain in detention because they do not pay the 

bond. 

ICE is directed to continue to provide performance reports to the 

Committee on the ATD program, as described in House Report 

114–668. The analysis should also include ATD enrollment by field 

office, type of supervision, and arresting agency, as well as the average length of enrollment by type of supervision. In addition, the 

report shall include ICE guidance for referral, placement, escalation, and de-escalation decisions in ATD programs. 

The Committee directs ICE to incorporate access to ‘‘know your 

rights’’ presentations at the point of enrollment for all ATD programming, and to explore opportunities to work with community 

based organizations that directly provide case management services, including referrals to services already available in the community that are associated with higher ATD compliance rates. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2018 ......................................................... $81,899,000 

Budget request, fiscal year 2019 ....................................................... 70,431,000 

Recommended in the bill ................................................................... 70,431,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥11,468,000 

Budget request, fiscal year 2019 ................................................ – – – 

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

TRANSPORTATION SECURITY ADMINISTRATION

Appropriation, fiscal year 2018 ......................................................... $7,395,355,000 

Budget request, fiscal year 2019 ....................................................... 7,236,173,000 

Recommended in the bill ................................................................... 7,318,161,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥77,194,000 

Budget request, fiscal year 2019 ................................................ +81,988,000 

Mission 

The Transportation Security Administration (TSA) is charged 

with protecting U.S. transportation systems, while ensuring the 

freedom of movement of people and commerce. 

35 

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2018 ......................................................... $7,207,851,000 

Budget request, fiscal year 2019 ....................................................... 7,075,950,000 

Recommended in the bill ................................................................... 7,167,778,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥40,073,000 

Budget request, fiscal year 2019 ................................................ +91,828,000 

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

Budget Request Recommended 

Operations and Support 

Aviation Screening Operations 

Screening Workforce 

Screening Partnership Program ........................................................ $181,382,000 $181,382,000 

Screener Personnel, Compensation, and Benefits ........................... 3,191,783,000 3,294,783,000 

Screener Training and Other ............................................................ 218,738,000 218,738,000 

Airport Management .................................................................................. 647,541,000 647,541,000 

Canines ...................................................................................................... 152,226,000 161,686,000 

Screening Technology Maintenance ........................................................... 382,927,000 382,927,000 

Secure Flight .............................................................................................. 113,882,000 113,882,000 

Subtotal, Aviation Screening Operations .......................................... 4,888,479,000 5,000,939,000 

Other Operations and Enforcement 

Inflight Security 

Federal Air Marshals ........................................................................ 779,210,000 755,578,000 

Federal Flight Deck Officer and Crew Training ............................... 19,539,000 22,539,000 

Aviation Regulation ................................................................................... 171,905,000 171,905,000 

Air Cargo .................................................................................................... 103,572,000 103,572,000 

Intelligence and TSOC ............................................................................... 79,524,000 79,524,000 

Surface Programs ...................................................................................... 73,818,000 73,818,000 

Vetting Programs ....................................................................................... 52,770,000 52,770,000 

Subtotal, Other Operations and Enforcement .................................. 1,280,338,000 1,259,706,000 

Mission Support .................................................................................................. 907,133,000 907,133,000 

Total, Operations and Support (gross) ...................................................... 7,075,950,000 7,167,778,000 

Aviation Passenger Security Fees (offsetting collections) ................................. ¥2,670,000,000 ¥2,670,000,000 

Passenger Security Fee Increase (offsetting collections) (legislative proposal) ¥520,000,000 – – – 

Total, Operations and Support (net) ......................................................... $3,885,950,000 $4,497,778,000 

Aviation Screening Operations 

The recommendation restores full funding to maintain TSA staffing at existing airport exit lanes, as required by law. The recommendation also includes an increase of 360 FTE to enable TSA 

to support continued growth in air travel. 

The recommendation includes an increase of $7,260,000 above 

the request to begin to hire, train, certify, and deploy 50 new canine teams, and an increase of $2,200,000 above the request to continue to support TSA’s establishment of a certified canine cargo 

screening program. Not later than 90 days after the date of enactment of this Act, TSA shall brief the Committee on the implementation status of the third party canine program, including expected 

industry participation and projected resource requirements to administer the program in fiscal year 2020 and future years. The 

Committee directs TSA to include funding in future budget requests to support continued implementation of the program. 

Not later than 60 days after the date of enactment of this Act, 

TSA shall brief the Committee on the feasibility of establishing a 

36 

program through which the agency would develop standards and 

an approved vendor list of certified third party canine providers for 

use by TSA and trusted aviation stakeholders at passenger checkpoints and passenger baggage screening. 

The Committee directs that TSA provide a report not later than 

60 days after the date of enactment of this Act on the agency’s 

plans for identifying 3D-printed guns at passenger screening checkpoints. 

The Committee directs that TSA coordinate with ICE to facilitate 

the passenger screening of parents who lack valid identification 

documents and are attempting to reunite with their children 

through use of the Identity Verification Call Center. 

The DCA Access Standard Security Program (DASSP) requires 

all general aviation aircraft operators to follow security measures 

in order to fly in and out of Ronald Reagan Washington National 

Airport. Not later than 30 days after the date of enactment of this 

Act, TSA is directed to brief the Committee on the program, including current security standards and the process by which TSA assesses risk to ensure security requirements are commensurate with 

current threats. 

The Committee is aware that TSA is currently implementing a 

pilot passenger screening initiative at the Los Angeles International Airport (LAX). The intent of the pilot is to reduce disruption and distraction at security checkpoints resulting from the presence of high-profile passengers, which often attract large crowds, 

by screening such passengers through an alternative checkpoint at 

a non-public terminal. The two-year pilot was initiated in 2017 and 

is currently scheduled to end in mid-2019. TSA should continue to 

work closely with LAX to divert additional populations, such as 

flight crews, to the pilot screening checkpoint if such action maximizes the overall efficiency of TSA resources, maintains a high 

level of security, and reduces wait times for all passengers. TSA is 

directed to provide regular updates to the Committee on the performance of the pilot, and to brief the Committee on its evaluation 

of the pilot upon its conclusion. Should TSA require any additional 

authorities in order to address the challenge of high-profile passengers at LAX or other airports over the long term, it should provide recommendations for such authorities to the Committee and to 

the House Committee on Homeland Security. 

TSA should review its methodology for the deployment of standalone explosives detection systems to determine whether to consider additional factors such as customer service, airline logistics, 

existing belt system design, exclusive airline use areas, and recent 

infrastructure investment that may contribute to an airport’s requirement for these systems. 

Other Operations and Enforcement 

The recommendation includes an increase of $3,000,000 above 

the request for the Federal Flight Deck Officer and Flight Crew 

Training (FFDO) program to establish additional training capacity 

at a location that is more conducive to pilot participation. 

The Committee directs TSA to provide a briefing not later than 

60 days after the date of enactment of this Act on a plan for a new 

FFDO training center, including a timeline for the facility to become operational; projected costs to sustain operations at the new 

37 

facility, including consideration of the potential consolidation of 

training from other sites; and projected increases in FFDO enrollment, training, and recertification. 

Not later than 120 days after the date of enactment of this Act, 

TSA, in consultation with other appropriate DHS components and 

public and private stakeholders, shall make available a framework 

for establishing operations centers to promote interagency response 

and coordination at federalized airports, including suggestions for 

establishing a formalized concept of operations and recommendations on how to accommodate the necessary resources, including 

physical work space, information technology, and telecommunications for such operations centers, depending on the categorization 

of the federalized airport. 

Not later than 180 days after the date of enactment of this Act, 

TSA shall provide a report on the compliance of airports with subsection (a) of section 3 of the Gerardo Hernandez Airport Security 

Act (Public Law 114–50) related to security plans, including a description of the extent to which the individualized security plans 

required under that section address the plan elements listed in 

subsection (b). 

As recommended by the Aviation Security Advisory Committee in 

2015, TSA is encouraged to assess the benefits of establishing an 

air cargo security division within the agency that is responsible for 

carrying out all policy related to air cargo and providing stakeholders with a central interface at the agency on all matters related to air cargo security. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2018 ......................................................... $167,314,000 

Budget request, fiscal year 2019 ....................................................... 139,629,000 

Recommended in the bill ................................................................... 129,789,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥37,525,000 

Budget request, fiscal year 2019 ................................................ ¥9,840,000 

The recommendation includes an increase of $20,000,000 above 

the request to accelerate the procurement and installation of computed tomography (CT) equipment at airport checkpoints to provide 

enhanced detection capabilities for carry-on baggage. Combined 

with the requested amount, the total funding level will enable TSA 

to deploy approximately 240 CT systems. 

The Committee is aware of recent developments in the Technology Infrastructure Modernization (TIM) program that support a 

decision to discontinue further development spending for a new 

TIM NextGen system. Therefore, the recommendation does not include requested funding to continue development in fiscal year 

2019. TSA shall brief the Committee on the revised full operating 

capability for the TIM program upon approval by the Acquisition 

Review Board. 

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

Budget Request Recommended 

Procurement, Construction, and Improvements 

Aviation Screening Infrastructure 

Checkpoint Support ................................................................................... $74,422,000 $94,422,000 

Checked Baggage ...................................................................................... 35,367,000 35,367,000 

38 

Budget Request Recommended 

Infrastructure for Other Operations 

Vetting Programs ....................................................................................... 29,840,000 – – – 

Total, Procurement, Construction, and Improvements ................................................ $139,629,000 $129,789,000 

Within 90 days of the date of enactment of this Act, TSA shall 

initiate a pilot at one or more U.S. airports to evaluate enhanced 

object recognition software that utilizes deep machine learning algorithms, using existing carry-on baggage screening technology. 

The pilot should examine the capability to detect prohibited items, 

including firearms, sharp objects, prohibited tools, and other dangerous items; be able to adapt to emergent threats; be compatible 

with next generation systems currently under evaluation by the 

TSA; and consider cost effectiveness, to include the effect of false 

alarm rates on the screening process. 

RESEARCH AND DEVELOPMENT

Appropriation, fiscal year 2018 ......................................................... $20,190,000 

Budget request, fiscal year 2019 ....................................................... 20,594,000 

Recommended in the bill ................................................................... 20,594,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +404,000 

Budget request, fiscal year 2019 ................................................ – – – 

Not later than 90 days after the date of enactment of this Act, 

TSA shall brief the Committee on Innovation Task Force initiatives 

to develop, test, and deploy innovative security solutions. 

COAST GUARD

Appropriation, fiscal year 2018 ......................................................... $12,107,724,000 

Budget request, fiscal year 2019 ....................................................... 11,438,201,000 

Recommended in the bill * ................................................................. 11,021,701,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥1,086,023,000 

Budget request, fiscal year 2019 ................................................ ¥416,500,000 

* In addition, the bill includes a directed transfer of $95,000,000 to the Coast Guard from prior year 

Science and Technology—Research and Development unobligated balances for long lead time materials for a 

National Security Cutter. 

Mission 

The Coast Guard is the principal federal agency charged with 

maritime safety, security, and stewardship. The Coast Guard is a 

military, multi-mission, maritime service within DHS and one of 

the nation’s five armed services. The core roles of the Coast Guard 

are to protect the public, the environment, and U.S. economic and 

security interests in any maritime region in which those interests 

may be at risk, including international waters and America’s 

coasts, ports, and inland waterways. Both the Arctic and the Antarctic regions fall within the scope of Coast Guard responsibilities. 

Recommendation 

The bill adopts new appropriations accounts for the Coast Guard, 

as proposed in the budget request, which more closely align its 

funding structure with that of the rest of the Department. For purposes of consistency, fiscal year 2018 enacted levels are displayed 

using the new appropriations accounts in the following manner: 

‘‘Operating Expenses’’ is now displayed as ‘‘Operations and SupVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00038 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
39 

port’’; ‘‘Acquisition, Construction, and Improvements’’ is now displayed as ‘‘Procurement, Construction, and Improvements’’; and 

‘‘Research, Development, Test, and Evaluation’’ is now displayed as 

‘‘Research and Development’’. Activities funded within the ‘‘Reserve 

Training’’ account are realigned to the ‘‘Operations and Support’’ 

account starting in fiscal year 2019. The recommendation does not 

reflect the proposed realignment of ‘‘Environmental, Compliance, 

and Restoration’’ (EC&R) functions into the O&S account, because 

the current authorization for these functions (14 U.S.C. 692) requires any funding appropriated for them to be transferred into an 

EC&R account, regardless of the account in which such funds are 

appropriated. 

OPERATIONS & SUPPORT

Appropriation, fiscal year 2018 1 ....................................................... $7,373,313,000 

Budget request, fiscal year 2019 2 ..................................................... 7,593,138,000 

Recommended in the bill 3 ................................................................. 7,620,209,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +246,896,000 

Budget request, fiscal year 2019 ................................................ +27,071,000 1 Includes funding for Operating Expenses and the Global War on Terrorism (GWOT)/Overseas Contingency 

Operations (OCO). 2Funding for the Coast Guard related to GWOT/OCO is requested under Navy, Operations and Mainte- nance. 3Does not include funding for GWOT/OCO. 

The Operations & Support (O&S) appropriation funds the Coast 

Guard’s 11 statutory missions and other activities in support of 

DHS and national priorities. The O&S appropriation funds military 

and civilian Coast Guard personnel, as well as the operation and 

maintenance of new and existing Coast Guard fleets, equipment, 

facilities, and programs. The appropriation also includes funding 

for Reserve Training. 

Similar to the other Armed Services, the Coast Guard must 

maintain military readiness in order to meet its mission requirements. Within 180 days of enactment of this Act, the Coast Guard 

is directed to report to the Committee on any lost operational time 

due to unplanned maintenance or supply shortfalls for cutters, aircraft, and boats, as well as the current operations and support 

(O&S) maintenance backlog for cutters, aircraft, shore facilities, 

and information technology systems, including the operational impact of this backlog. The Committee recommends $7,620,209,000 for O&S, 

$27,071,000 above the request to fund additional full-time equivalents, increase child care subsidy benefits, fund an independent 

analysis of the current and projected air and sea fleet requirements, and address rising costs for fuel and rent. Also included in 

this amount is $1,000,000 to equip the Fast Response Cutter fleet 

with hailing and acoustic laser light tactical systems. A comparison 

of the budget request to the Committee recommended level by 

budget activity is as follows: 

Budget Request Recommended 

Operations & Support 

Military Pay and Allowances .............................................................................. $3,851,095,000 $3,868,095,000 

Civilian Pay and Benefits ................................................................................... 929,385,000 929,385,000 

Training and Recruiting ..................................................................................... 187,991,000 188,338,000 

Operating Funds and Unit Level Maintenance .................................................. 907,894,000 929,747,000 

Centrally Managed Accounts .............................................................................. 143,641,000 151,941,000

Intermediate and Depot Level Maintenance ...................................................... 1,442,048,000 1,435,048,000 

40 

Budget Request Recommended 

Reserve Training ................................................................................................. 117,655,000 117,655,000 

Environmental Compliance and Restoration ...................................................... 13,429,000 – – – 

Total, Operations & Support ...................................................................... $7,593,138,000 $7,620,209,000 

In April, the Coast Guard and the Department of Defense (DoD) 

announced a partnership to integrate the Coast Guard into the 

Military Health System (MHS) GENESIS electronic health record 

(EHR). The health and safety of Coast Guard men and women are 

a priority for this Committee, and adoption of an EHR will provide 

for the seamless flow of patient information. 

The Committee directs the Coast Guard to continue to provide an 

annual report within 90 days after the date of enactment of this 

Act, on the number of expedited requests for transfer made by victims of sexual assault during the prior fiscal year, including the 

number of applications denied and a description of the rationale for 

each denied request. The report shall also include the number of 

service members served by the Special Victim Counsel program 

during the same period. 

The Committee is aware of the extraordinary demands made on 

members of the Coast Guard and their families. Access to child 

care is critical to supporting Coast Guard families, particularly for 

those assigned to remote Coast Guard stations and high cost-of-living areas. The recommendation includes an increase above the request of $2,000,000 to increase child care subsidy availability to not 

less than $6,900,000. The Committee looks forward to reviewing 

the results of the child care survey that was required in the Joint 

Explanatory Statement accompanying the Consolidated Appropriations Act, 2018. 

The Committee is concerned that illegal, unreported, and unregulated (IUU) fishing accounts for billions in losses for the global fishing industry and about the ties that IUU fishing has with piracy, 

drug trafficking, human trafficking, and slavery. The Committee 

directs the USCG to submit a plan for a one-year pilot program, 

not later than the submission of the budget request for Fiscal Year 

2020, for implementing an innovative and multi-technology system 

that facilitates increased monitoring capability; provides enforcement-quality data and intelligence; and maximizes the real-time response of surface-based enforcement assets. 

The Committee is concerned about the risks posed by natural 

disasters, including tsunamis, to USCG stations. The Committee 

directs the USCG to identify natural disaster risks and develop a 

plan to mitigate the identified risks and improve the resiliency of 

USCG stations. 

The Commandant of the Coast Guard is directed to provide to 

the Committee not later than one year after the date of enactment 

of this Act, a report that examines the number and type of Coast 

Guard assets required to meet the Service’s current and foreseeable 

needs in accordance with the Service’s statutory missions. The report shall include, but not be limited to, an assessment of the required number and types of cutters and aircraft for current and 

planned asset acquisitions. The report shall specifically address regional mission requirements in the Western Hemisphere, including 

the Polar regions, support provided to Combatant Commanders, 

41 

and trends in illicit activity and illegal migration. In order to provide an impartial assessment, the recommendation includes an increase of $3,300,000 for the report to be prepared by a Federally 

Funded Research and Development Center experienced in similar 

examinations. 

The Committee recognizes the Coast Guard Academy’s current 

efforts to recruit and retain a diverse and highly qualified Corps 

through programs like Eclipse Week, and encourages further expansion of these efforts, particularly through implementing the recommendations of the 2017 Equity Scorecard. 

The Committee urges the Coast Guard to expand existing Part- nership in Education programs, and use up to $1,000,000 of the 

funds provided to help buildout efforts in cooperation with museums, schools, and other nontraditional classroom settings and on 

limnology and oceanographic programs that support Science, Technology, Engineering, and Mathematics education through regional 

headquarters, and consider expanding these programs with minority-serving institutions. 

The Committee reminds the Coast Guard of its finding that the 

location of the Maryland Wind Energy Area poses ‘‘unacceptable 

navigational safety risks’’. The Committee urges the Coast Guard 

to take any and all steps to ensure the navigational safety for maritime traffic off the coast of Maryland, including but not limited to 

the designation of fairways and traffic separation schemes identified as priorities in the Coast Guard Atlantic Coast Port Access 

Route Study. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2018 ......................................................... $2,694,745,000 

Budget request, fiscal year 2019 ....................................................... 1,886,750,000 

Recommended in the bill * ................................................................. 1,429,750,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥1,264,995,000 

Budget request, fiscal year 2019 ................................................ ¥457,000,000 

* In addition, the bill includes a directed transfer of $95,000,000 to the Coast Guard from prior year 

Science and Technology—Research and Development unobligated balances for long lead time materials for a 

National Security Cutter. 

Procurement, Construction, and Improvements (PC&I) provides 

for the procurement, construction, rehabilitation, and improvement 

of vessels, aircraft, shore facilities, aids to navigation (ATON) systems and facilities, and command, control, communications, and 

computer systems and related equipment. 

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

Budget Request Recommended 

Procurement, Construction, and Improvements 

Vessels 

Survey and Design-Vessels and Boats ..................................................... $500,000 $500,000 

In-Service Vessel Sustainment .................................................................. 63,250,000 63,250,000 

National Security Cutter * ......................................................................... 65,000,000 140,000,000 

Offshore Patrol Cutter ............................................................................... 400,000,000 400,000,000 

Fast Response Cutter ................................................................................ 240,000,000 340,000,000 

Cutter Boats .............................................................................................. 5,000,000 5,000,000 

Polar Ice Breaking Vessel .......................................................................... 750,000,000 – – – 

Inland Waterways and Western Rivers Cutter .......................................... 5,000,000 5,000,000 

Polar Sustainment ..................................................................................... 15,000,000 15,000,000 

Subtotal, Vessels .............................................................................. 1,543,750,000 968,750,000 

42 

Budget Request Recommended 

Aircraft 

HC–144 Conversion/Sustainment .............................................................. 17,000,000 17,000,000 

HC–27J Conversion/Sustainment ............................................................... 80,000,000 80,000,000 

HC–130J Acquisition/Conversion/Sustainment .......................................... – – – 105,000,000 

HH–65 Conversion/Sustainment ................................................................ 20,000,000 28,000,000 

MH–60T Sustainment ................................................................................ 25,000,000 25,000,000 

Small Unmanned Aircraft Systems ........................................................... 6,000,000 6,000,000 

Subtotal, Aircraft .............................................................................. 148,000,000 261,000,000 

Other Acquisition Programs 

Other Equipment and Systems .................................................................. 3,500,000 3,500,000 

Program Oversight and Management ....................................................... 20,000,000 20,000,000 

C4ISR ......................................................................................................... 23,300,000 23,300,000 

CG–Logistics Information Management System (CG–LIMS) ..................... 13,200,000 13,200,000 

Subtotal, Other Acquisition Programs .............................................. 60,000,000 60,000,000 

Shore Facilities and Aids to Navigation 

Major Construction; Housing; ATON; and Survey and Design .................. 30,000,000 35,000,000 

Major Acquisition Systems Infrastructure ................................................. 100,000,000 100,000,000 

Minor Shore ................................................................................................ 5,000,000 5,000,000 

Subtotal, Shore Facilities and Aids to Navigation ........................... 135,000,000 140,000,000 

Subtotal, Procurement, Construction, and Improvements ........................ $1,886,750,000 $1,429,750,000 

* In addition, the bill includes a directed transfer of $95,000,000 to the Coast Guard from prior year Science and Technology—Research 

and Development unobligated balances for long lead time materials for a National Security Cutter. 

The Coast Guard is directed to continue to brief the Committee 

quarterly on all major acquisitions, consistent with the direction in 

the explanatory statement accompanying Public Law 114–4. 

Vessels 

Polar Ice Breaking Vessel. The Committee recognizes that Polar 

icebreakers are essential to securing the nation’s security and economic interests in the Polar regions. While the recommendation 

does not include the requested funding for the construction of a 

new Polar Icebreaker, the Committee plans to work with the Coast 

Guard to determine what is needed in fiscal year 2019 to advance 

this program. The Coast Guard’s existing operational icebreaking 

fleet consists of just one heavy icebreaker, the POLAR STAR, 

which entered into service in 1976. The Coast Guard has testified 

that it will need to sustain the POLAR STAR beyond two years 

after delivery of the first of the new class of icebreakers to ensure 

mission readiness, thus the Committee recommends $15,000,000, 

as requested. The Committee looks forward to the updated cost estimate for the POLAR STAR’s service life extension project (SLEP) 

that is anticipated this summer. 

National Security Cutter (NSC). The Consolidated Appropriations 

Act, 2018 (Public Law 115–141) provided $1,241,000,000 for the 

NSC program, which included funds for construction of the tenth 

and eleventh NSC, a contrast from the historic approach of funding 

construction for one NSC per fiscal year. The Committee’s fiscal 

year 2019 recommendation includes $140,000,000 for the NSC program, $75,000,000 more than requested. Included in this amount 

is an additional $75,000,000 above the request to continue support 

of Post Delivery Activities (PDA) for the seventh through ninth 

hulls and other program-wide activities. 

Offshore Patrol Cutter (OPC). The recommendation includes 

$400,000,000 for the OPC program, as requested, to fund construcVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00042 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
43 

tion of the second OPC, long lead time materials for the third, and 

program management costs. 

Fast Response Cutter (FRC). The recommendation provides 

$340,000,000 for six FRCs, four for the current program of record, 

as requested, and two to continue replacement of the 110-foot Island Class Cutters supporting U.S. Central Command in Southwest Asia. The Committee strongly encourages the Coast Guard to 

transition the 110-foot patrol boats supporting U.S. Central Command in Southwest Asia to FRCs in the most expedient manner 

possible, and to update the Committee of any changes to its FRC 

deployment strategy. The Committee understands the current patrol boats are well past their service life and wants to ensure the 

Coast Guard men and women serving in this challenging area of 

operations have the right equipment necessary to meet these evolving threats. 

Aircraft 

HC–130J Acquisition/Conversion/Sustainment. The recommendation provides $105,000,000 for one HC–130J aircraft, 

which funds the production and missionization of the sixteenth aircraft, advancing the Coast Guard’s acquisition program goal of 22 

HC–130J aircraft. 

MH–60T Sustainment. The Committee recommends $25,000,000 

for the MH–60T SLEP, as requested. The Committee supports efforts to sustain the Coast Guard’s MH–60T aircraft. Not later than 

180 days after the date of enactment of this Act, the Coast Guard 

is directed to complete its alternatives analysis on options for extending the lifespan of MH–60T aircraft. The analysis should focus 

on options with long term benefits that reduce production and technical risk. The Committee is aware that the Coast Guard MH–60T 

fleet currently has more flight hours per aircraft than any other H– 

60 fleet and does not support developmental options. The Committee directs the Coast Guard to choose a sustainment strategy 

that is proven to be safe and reliable to ensure the fleet can be sustained until it is recapitalized in conjunction with the Department 

of Defense’s Future Vertical Lift program. 

HH–65 Conversion/Sustainment. The recommendation provides 

$28,000,000 for the HH–65 program, $8,000,000 above the request 

to fund both the planned avionics upgrades and the costs associated with the SLEP. The USCG will save on labor costs by completing both projects concurrently during the normal depot maintenance cycle, which will also reduce the risk of these aircraft reaching the maximum 20,000 hours prior to undergoing SLEP. 

Shore Facilities and Aids to Navigation 

Major Construction; Housing; ATON; and Survey & Design. The 

recommendation includes $5,000,000 above the request to address 

station facility requirements identified on the Coast Guard’s Unfunded Priority List. 

44 

RESEARCH AND DEVELOPMENT

Appropriation, fiscal year 2018 ......................................................... $29,141,000 

Budget request, fiscal year 2019 ....................................................... 19,109,000 

Recommended in the bill ................................................................... 19,109,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥10,032,000 

Budget request, fiscal year 2019 ................................................ – – – 

Research and Development (R&D) funding sustains critical Coast 

Guard mission capabilities through applied research, testing, development, and evaluation programs. Several R&D programs include 

partnerships with other DHS components, DoD, and other federal 

and private research organizations. 

The Committee is aware that the U.S. Navy has an ongoing program to develop and field advanced ballistic shielding on Crew 

Served Weapon Stations that will provide increased protection at 

lower weight with high durability in the marine environment. The 

Committee encourages the Coast Guard to assess whether this protection system is appropriate for Coast Guard vessels. 

The Coast Guard is directed to brief the Committee not later 

than 90 days after the date of enactment of this Act with an update 

on the results of the examination, for which up to $5,000,000 was 

provided in the fiscal year 2018 DHS Appropriations Act, on 

whether the Coast Guard’s heavy icebreaking requirements can be 

met by existing vessels using short-term procurement strategies. 

ENVIRONMENTAL COMPLIANCE AND RESTORATION

Appropriation, fiscal year 2018 ......................................................... $13,397,000 

Budget request, fiscal year 2019 ....................................................... – – – 

Recommended in the bill ................................................................... 13,429,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +32,000 

Budget request, fiscal year 2019 ................................................ +13,429,000 

The Environmental Compliance and Restoration appropriation 

provides funding for environmental cleanup, sustainment, and restoration of current and former contaminated Coast Guard facilities. 

Additionally, it funds engineering remedies on Coast Guard assets 

for the purpose of obtaining or restoring compliance with environmental laws and preventing contamination and environmental 

damage. 

The Committee recommends $13,429,000 for EC&R. The funding 

level for these activities is the same as the amount requested; however, the recommendation continues funding in the EC&R account 

instead of the requested realignment into the O&S account. 

HEALTH CARE FUND CONTRIBUTION 1

Appropriation, fiscal year 2018 ......................................................... $204,136,000 

Budget request, fiscal year 2019 ....................................................... 199,360,000 

Recommended in the bill ................................................................... 199,360,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥4,776,000 

Budget request, fiscal year 2019 ................................................ – – – 1This 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 

45 

future Medicare-eligible retirees, as well as retiree dependents and 

their potential survivors. 

RETIRED PAY

Appropriation, fiscal year 2018 ......................................................... $1,676,117,000 

Budget request, fiscal year 2019 ....................................................... 1,739,844,000 

Recommended in the bill ................................................................... 1,739,844,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +63,727,000 

Budget request, fiscal year 2019 ................................................ – – – 

The Retired Pay appropriation provides payments as identified 

under the Retired Serviceman’s Family Protection and Survivor 

Benefits Plans and other retired personnel entitlements identified 

under prior-year National Defense Authorization Acts. This appropriation also includes funding for medical care of retired personnel 

and their dependents. 

UNITED STATES SECRET SERVICE

Appropriation, fiscal year 2018 ......................................................... $2,006,524,000 

Budget request, fiscal year 2019 ....................................................... 2,151,624,000 

Recommended in the bill ................................................................... 2,167,186,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +160,662,000 

Budget request, fiscal year 2019 ................................................ +15,562,000 

Mission 

The United States Secret Service (USSS) has statutory authority 

to carry out two primary missions: protecting the nation’s leaders 

and investigating financial and electronic crimes. The Secret Service protects and investigates threats against the President and Vice 

President, their families, visiting heads of state, and other designated individuals; protects the White House, the Vice President’s 

Residence, foreign missions, and certain other facilities within 

Washington, D.C.; and coordinates the security at National Special 

Security Events (NSSEs). The Secret Service also investigates violations of laws relating to counterfeiting of obligations and securities of the United States; financial crimes, including access device 

fraud, financial institution fraud, identity theft, and computer 

fraud; and computer-based attacks on financial, banking, and telecommunications infrastructure. In addition, the agency provides 

support for investigations related to missing and exploited children. 

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2018 ......................................................... $1,915,794,000 

Budget request, fiscal year 2019 ....................................................... 2,084,308,000 

Recommended in the bill ................................................................... 2,099,870,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +184,076,000 

Budget request, fiscal year 2019 ................................................ +15,562,000 

Within the total amount provided, the Committee recommends 

that $41,536,000 remain available until September 30, 2020, of 

which $6,782,000 is for the James J. Rowley Training Center; 

$10,754,000 is for Operational Mission Support (OMS); and 

$18,000,000 is for protective travel. As directed in House Report 

115–239, USSS should continue to work towards obligating all of 

46 

its Operations and Support funding during the fiscal year, including projects supported by OMS. 

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

Budget Request Recommended 

Operations and Support 

Protective Operations 

Protection of Persons and Facilities ......................................................... $747,201,000 $747,201,000 

Protective Countermeasures ...................................................................... 55,309,000 55,309,000 

Protective Intelligence ............................................................................... 48,239,000 48,239,000 

Presidential Campaigns and National Special Security Events ............... 28,500,000 28,500,000 

Subtotal, Protective Operations ........................................................ 879,249,000 879,249,000 

Field Operations 

Domestic and International Field Operations ........................................... 627,687,000 628,471,000 

Support for Missing and Exploited Children Investigations ..................... 6,000,000 6,000,000 

Support for Computer Forensics Training ................................................. 4,000,000 18,778,000 

Subtotal, Field Operations ................................................................ 637,687,000 653,249,000 

Basic and In-Service Training and Professional Development .......................... 101,854,000 101,854,000 

Mission Support .................................................................................................. 465,518,000 465,518,000 

Total, Operations and Support .................................................................. $2,084,308,000 $2,099,870,000 

The recommendation includes $18,778,000 for continued support 

of the National Computer Forensics Institute (NCFI), which is 

$14,778,000 above the request. The NCFI provides electronic 

crimes investigation training to state and local law enforcement officers, prosecutors, and judges who are nominated for participation 

by USSS field offices. The recommendation also includes 

$8,366,000 for support of missing and exploited children investigations, of which $2,366,000 is for forensic and investigative support 

and $6,000,000, as requested, is for a grant related to investigations. 

For fiscal years 2016 through 2018, Congress appropriated near- ly $45,000,000 to the Secret Service to refresh National Capital Region radio equipment. The recommendation includes $3,494,000, as 

requested, for sustainment of the newly-deployed equipment. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2018 ......................................................... $90,480,000 

Budget request, fiscal year 2019 ....................................................... 64,816,000 

Recommended in the bill ................................................................... 64,816,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥25,664,000 

Budget request, fiscal year 2019 ................................................ – – – 

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

Budget Request Recommended 

Procurement, Construction, and Improvements 

Protection Assets and Infrastructure ................................................................. $52,971,000 $52,971,000 

Operational Communications/Information Technology ....................................... 8,845,000 8,845,000 

Construction and Facility Improvements ............................................................ 3,000,000 3,000,000 

Total, Procurement, Construction, and Improvements .............................. $64,816,000 $64,816,000 

The Secret Service shall brief the Committee not later than 90 

days after the date of enactment of this Act on the recapitalization 

47 

of fully armored vehicles, including a schedule for production and 

delivery of replacement vehicles. 

RESEARCH AND DEVELOPMENT

Appropriation, fiscal year 2018 ......................................................... $250,000 

Budget request, fiscal year 2019 ....................................................... 2,500,000 

Recommended in the bill ................................................................... 2,500,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +2,250,000 

Budget request, fiscal year 2019 ................................................ – – – 

TITLE II—ADMINISTRATIVE PROVISIONS—THIS ACT

Section 201. The Committee continues by reference a provision 

regarding overtime compensation. 

Section 202. The Committee continues a provision allowing CBP 

to sustain or increase operations in Puerto Rico with appropriated 

funds. 

Section 203. The Committee continues a provision regarding the 

availability of COBRA fee revenue. 

Section 204. The Committee continues a provision allowing CBP 

access to certain reimbursements for preclearance activities. 

Section 205. The Committee continues a provision regarding the 

importation of prescription drugs by an individual for personal use. 

Section 206. The Committee continues a provision regarding 

waivers of the Jones Act. 

Section 207. The Committee continues a provision prohibiting 

funds from being used by DHS to approve, license, facilitate, authorize, or allow the trafficking or import of property confiscated by 

the Cuban Government. 

Section 208. The Committee continues a provision allowing the 

Secretary to reprogram funds within and transfer funds to ‘‘U.S. 

Immigration and Customs Enforcement—Operations and Support’’ 

to ensure the detention of aliens prioritized for removal. 

Section 209. The Committee continues a provision prohibiting the 

use of funds provided under the heading ‘‘U.S. Immigration and 

Customs Enforcement—Operations and Support’’ for the 287(g) program if the terms of the agreement governing the delegation of authority have been materially violated. 

Section 210. The Committee continues a provision prohibiting the 

use of funds provided under the heading ‘‘U.S. Immigration and 

Customs Enforcement—Operations and Support’’ to contract for detention services if the facility receives less than ‘‘adequate’’ ratings 

in two consecutive performance evaluations. 

Section 211. The Committee continues a provision clarifying that 

certain elected and appointed officials are not exempt from federal 

passenger and baggage screening. 

Section 212. The Committee continues a provision directing the 

deployment of explosives detection systems based on risk and other 

factors. 

Section 213. The Committee continues a provision authorizing 

TSA to use funds from the Aviation Security Capital Fund for the 

procurement and installation of explosives detection systems or for 

other purposes authorized by law. 

Section 214. The Committee continues a provision prohibiting 

funds made available by this Act under the heading ‘‘Coast 

48 

Guard—Operations and Support’’ for recreational vessel expenses, 

except to the extent fees are collected from owners of yachts and 

credited to this appropriation. 

Section 215. The Committee continues a provision allowing up to 

$10,000,000 to be reprogrammed to or from Military Pay and Allowances within ‘‘Coast Guard—Operations and Support’’. 

Section 216. The Committee continues a provision requiring submission of a future-years capital investment plan. 

Section 217. The Committee continues a provision allowing the 

Secret Service to obligate funds in anticipation of reimbursement 

for personnel receiving training. 

Section 218. The Committee continues a provision prohibiting 

funds made available to the Secret Service for the protection of the 

head of a federal agency other than the Secretary of Homeland Security, except where the Director has entered into a reimbursable 

agreement for such protection services. 

Section 219. The Committee continues a provision allowing the 

reprogramming of funds within ‘‘United States Secret Service—Operations and Support’’. 

Section 220. The Committee continues a provision allowing for 

funds made available for ‘‘United States Secret Service—Operations and Support’’ to be available for travel of employees on protective missions without regard to limitations on such expenditures 

in this or any other Act after notification to the Committees on Appropriation. 

Section 221. The Committee includes a new provision requiring 

the submission of an expenditure plan for funds made available for 

‘‘U.S. Customs and Border Protection—Procurement, Construction, 

and Improvements’’, and prohibiting the obligation of funds without 

prior approval of the plan by the Committees on Appropriations. 

Section 222. The Committee includes a provision providing an 

additional $1,000,000 for ‘‘Coast Guard—Operations and Support’’. 

TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND 

RECOVERY 

NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

Appropriation, fiscal year 2018 ......................................................... $1,911,402,000 

Budget request, fiscal year 2019 ....................................................... 1,821,151,000 

Recommended in the bill ................................................................... 1,934,562,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +23,160,000 

Budget request, fiscal year 2019 ................................................ +113,411,000 

Mission 

The National Protection and Programs Directorate (NPPD) is responsible for enhancing the security of the nation’s physical and 

cyber infrastructure and interoperable communications systems; 

preventing terrorism and enhancing security; safeguarding and securing cyberspace; and strengthening national preparedness and 

resilience. Secure and resilient infrastructure is essential for national security, economic vitality, and public health and safety. 

49 

Recommendation 

The Committee is concerned about the increasing frequency of 

advanced persistent threats targeting critical infrastructure sectors 

in the United States. Within 60 days of the date of enactment of 

this Act, the Department is directed to brief the Committee on the 

status of implementing the recommendations of the 2017 report of 

the National Infrastructure Advisory Council, Securing Cyber Assets: Addressing Urgent Cyber Threats to Critical Infrastructure. 

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2018 ......................................................... $1,482,165,000 

Budget request, fiscal year 2019 ....................................................... 1,470,340,000 

Recommended in the bill 1,550,112,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +67,947,000 

Budget request, fiscal year 2019 ................................................ +79,772,000 

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

Budget Request Recommendation 

Operations and Support 

Cybersecurity 

Cyber Readiness and Response ................................................................ $224,396,000 $259,775,000 

Cyber Infrastructure Resilience ................................................................. 30,059,000 38,259,000 

Federal Cybersecurity ................................................................................. 458,600,000 462,200,000 

Subtotal, Cybersecurity ............................................................ 713,055,000 760,234,000 

Infrastructure Protection 

Infrastructure Capacity Building 129,182,000 138,953,000 

Infrastructure Security Compliance .................................................................... 76,853,000 76,853,000 

Subtotal, Infrastructure Protection .......................................... 206,035,000 215,806,000 

Emergency Communications 

Emergency Communications Preparedness ............................................... 51,785,000 53,785,000 

Priority Telecommunications Services ....................................................... 63,911,000 63,911,000 

Subtotal, Emergency Communications .................................... 115,696,000 117,696,000 

Integrated Operations 

Cyber and Infrastructure Analysis ............................................................. 44,683,000 60,950,000 

Critical Infrastructure Situational Awareness ........................................... 23,429,000 27,984,000 

[Defense] ........................................................................................... (21,320,000) (25,465,000) 

Stakeholder Engagement and Requirements ............................................ 45,127,000 45,127,000 

[Defense] ........................................................................................... (40,614,000) (40,614,000) 

Strategy, Policy, and Plans ....................................................................... 13,931,000 13,931,000 

[Defense] ........................................................................................... (9,194,000) (9,194,000) 

Subtotal, Integrated Operations .............................................. 127,170,000 147,992,000 

Office of Biometric Identity Management 

Identity and Screening Program Operations ............................................. 69,590,000 69,590,000 

IDENT/Homeland Advanced Recognition Technology ................................. 160,691,000 160,691,000 

Subtotal, Office of Biometric Identity Management ............... 230,281,000 230,281,000 

Mission Support .................................................................................................. 78,103,000 78,103,000 

[Defense] .................................................................................................... (24,212,000) (24,212,000) 

Total, Operations and Support ......................................................... $1,470,340,000 $1,550,112,000 

Cybersecurity 

Cyber Readiness and Response. The Committee recommends 

$259,775,000 for Cyber Readiness and Response, $35,379,000 above 

the request, of which $29,379,000 is to continue investing in the 

50 

Election Infrastructure Security Initiative (EISI) and $6,000,000 is 

to increase cybersecurity services for the non-election critical infrastructure sectors. The Committee encourages NPPD to implement 

measures to increase National Cybersecurity and Communications 

Integration Center (NCCIC) operational efficiency and coordination 

in preparation for the upcoming mid-term elections. NPPD is urged 

to work with the Election Assistance Commission and state and 

local governments and increase support for training, risk assessments, and incident response. 

Given that elections infrastructure—election and voting systems, 

products, and service vendors and related supply-chain participants—have been designated as part of the nation’s critical infrastructure, DHS has a significant role in assisting state and local 

election officials as they prepare for federal elections. The Committee appreciates that DHS is working to provide that assistance 

and that there is an ongoing OIG investigation to examine the status of that work. To aid the Committee in its oversight function, 

the GAO shall examine how DHS is implementing its key responsibilities in overseeing protection of the elections critical infrastructure subsector and the reported benefits and challenges of such efforts. 

The Committee is aware of a joint cybersecurity collaborative exercise between the Snohomish County Public Utility District and 

the Washington State National Guard that informed the likely financial impact and cost of future cyber events. NPPD is directed 

to explore opportunities for facilitating such partnerships between 

and among federal, state, local, and private entities on the use of 

penetration testing and modeling to evaluate cyber vulnerabilities 

in critical infrastructure; work with the Chief of the National 

Guard Bureau and other stakeholders to identify best practices for 

such testing and modeling; and brief the Committee within 180 

days after the date of enactment of this Act on how NPPD, the National Guard, and other stakeholders could play a larger role in facilitating such partnerships. 

NPPD is directed to brief the Committee on the feasibility of establishing a pilot for a hacking competition that would allow independent cyber experts to identify cybersecurity vulnerabilities in 

election systems across the country, with participants potentially 

eligible to receive rewards, as determined by the Secretary, based 

upon their findings. The participation of state and local election officials, including any access to their networks, should be completely 

voluntary. State and local election officials, as well as election service providers, should be appropriately notified about relevant cybersecurity vulnerabilities discovered through the competition. 

Cyber Infrastructure Resilience. The Committee recommends 

$38,259,000 for Cyber Infrastructure Resilience, $8,200,000 above 

the amount requested to hire subject matter experts for training 

systems and for instructional system design; develop consolidated 

cybersecurity training curricula and a course catalog; and create 

marketing materials to engage customers. NPPD is encouraged to 

consolidate its training, exercise, and education programs; expand 

and enhance training and exercise programs for federal, state, 

local, tribal, and territorial cyber professional and critical infrastructure owners and operators; and engage stakeholders in the 

private sector and at educational institutions, including elemenVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00050 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
51 

tary, secondary, and university organizations, to develop innovation 

services, projects, and ideas to build a national pipeline of cybersecurity professionals. Within its curricula and course offerings, 

NPPD is also encouraged to ensure that the Chemical Facility 

Anti-Terrorism Security (CFATS) inspectors are provided sufficient 

cybersecurity training. 

Federal Cybersecurity. The Committee recommends $462,200,000 

for Federal Cybersecurity, $3,600,000 above the amount requested 

for additional positions to accelerate deployment of the Continuous 

Diagnostics and Mitigation (CDM) technology program. 

Infrastructure Protection 

Infrastructure Capacity Building. The Committee recommends 

$138,953,000 for Infrastructure Capacity Building, $9,771,000 

above the amount requested, including $1,121,000 for EISI and 

$4,650,000 to support NPPD’s regionalization effort, which will improve service delivery to the field. 

Terrorists and other extremist actors place significant emphasis 

on conducting simple and unsophisticated attacks on event venues 

and infrastructure that, due to the nature of their business or operational models, have relatively few security measures in place, such 

as sporting events, concerts, and schools. The Committee supports 

NPPD’s plan to establish a Soft Target Program Management Office that will address these risks in a more comprehensive, innovative, and coordinated manner. It is imperative that venue and infrastructure owners and operators continue to identify innovative 

solutions, such as credential verification, to mitigate risks in order 

to reduce the probability of a successful attack that could result in 

casualties or operational disruptions. The recommendation includes 

an additional $4,000,000 for a credential verification pilot that 

would examine the feasibility of implementing security protocols 

for screening and verifying the identities of individuals prior to 

their entry into a facility without significantly disrupting the visitor experience. 

Emergency Communications 

Emergency Communications Preparedness. The Committee recommends $53,785,000 for Emergency Communications Preparedness, $2,000,000 above the amount requested, for EISI. Of the 

amount provided, $3,482,000 is for development and implementation of the National Emergency Communications Plan to perform 

outreach to help achieve data interoperability on platforms intended to augment public safety voice communications. 

Integrated Operations 

Cyber and Infrastructure Analysis. The Committee recommends 

$60,950,000 for Cyber and Infrastructure Analysis, an increase of 

$16,267,000 above the request, including an increase of $500,000 

for EISI and an increase of $9,738,000 to restore funding for the 

National Infrastructure Simulation Analysis Center to the fiscal 

year 2018 level of $18,650,000. 

The Committee recommends an increase of $6,029,000 for risk 

analyses of industrial control systems and encourages the Office of 

Cyber and Infrastructure Analysis (OCIA) to use commercial, 

52 

human-led threat behavioral analysis and technology. OCIA is also 

encouraged to employ private sector, industry-specific threat intelligence and best practices to better characterize potential consequences to other critical infrastructure sectors during a systemic 

cyber event. 

Critical Infrastructure Situational Awareness. Due to critical dependencies and interdependencies of the electric power subsector, 

loss of electric power can quickly cascade to water, wastewater, 

communications, transportation, and information technology systems, potentially degrading services necessary for public health 

and safety. The Committee recommends $27,984,000 for Critical 

Infrastructure Situational Awareness, an increase of $4,555,000 

above the request, of which $3,780,000 is to improve and enhance 

capabilities for near-real-time monitoring of the inter-connected dependencies of the electric power subsector and other critical infrastructure sectors and $775,000 is to support NPPD’s regionalization effort. 

FEDERAL PROTECTIVE SERVICE

Appropriation, fiscal year 2018 ......................................................... $1,476,055,000 

Budget request, fiscal year 2019 ....................................................... 1,527,110,000 

Recommended in the bill ................................................................... 1,527,110,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +51,055,000 

Budget request, fiscal year 2019 ................................................ – – – 

The Committee recommends $1,527,110,000 for the Federal Protective Service (FPS), the same as the amount requested. This 

amount is fully offset by fees collected from FPS customer agencies. 

The Secretary and the Director of OMB shall certify in writing 

to the Committee, not later than 60 days after the date of enactment of this Act, that the operations of FPS will be fully funded 

in fiscal year 2019 through the collection of security fees. Should 

insufficient fee revenue be collected to fully fund operations, an expenditure plan is required describing how security risks will be 

adequately addressed. Within this recommended funding level, FPS 

shall align staffing resources with mission requirements. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2018 ......................................................... $414,111,000 

Budget request, fiscal year 2019 ....................................................... 302,964,000 

Recommended in the bill ................................................................... 367,964,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥46,147,000 

Budget request, fiscal year 2019 ................................................ +65,000,000 

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

Budget Request Recommendation 

Procurement, Construction, and Improvements 

Cybersecurity 

Continuous Diagnostics and Mitigation .................................................... $125,548,000 $185,548,000 

National Cybersecurity Protection System ................................................. 110,078,000 110,078,000 

Subtotal, Cybersecurity ..................................................................... 235,626,000 295,626,000 

Emergency Communications 

Next Generation Networks Priority Services ............................................... 42,551,000 42,551,000 

Biometric Identity Management 

IDENT/Homeland Advanced.

53 

Budget Request Recommendation 

Recognition Technology ............................................................................. 20,000,000 20,000,000 

Infrastructure Protection 

Infrastructure Protection (IP) Gateway ...................................................... 4,787,000 9,787,000 

Total, Procurement, Construction, and Improvements ..................... $302,964,000 $367,964,000 

Cybersecurity 

Continuous Diagnostics and Mitigation. The recommendation includes $60,000,000 above the request to deploy CDM Phases I and 

II to additional agencies, accelerate deployment of Phase I to cloud 

assets and mobile devices, and enhance dashboard visualization for 

both agency and federal dashboards to better enable agency security officers and federal critical vulnerability management analysts 

to identify and mitigate problems according to their severity. The 

Committee supports NPPD’s plan to spend not less than 

$17,000,000 on Phase IV pilot programs and directs NPPD to provide a briefing, within 90 days of the date of enactment of this Act, 

on its timeline and acquisition strategy for deploying CDM Phase 

IV data protection capabilities (e.g., digital rights management, 

data masking, micro-segmentation, enhanced encryption, mobile 

device management) across all civilian ‘‘.gov’’ agencies. 

Infrastructure Protection 

Infrastructure Protection (IP) Gateway. The recommendation includes $5,000,000 above the request to modernize IP Gateway infrastructure technology and migrate the ten-year-old system to a 

secure cloud platform. This effort will provide a more user-friendly 

interface, allow access from mobile devices, and provide increased 

connectivity with other DHS systems. 

RESEARCH AND DEVELOPMENT

Appropriation, fiscal year 2018 ......................................................... $15,126,000 

Budget request, fiscal year 2019 ....................................................... 47,847,000 

Recommended in the bill ................................................................... 16,486,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +1,360,000 

Budget request, fiscal year 2019 ................................................ ¥31,361,000 

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

Budget Request Recommendation 

Research and Development 

Cybersecurity ....................................................................................................... $41,416,000 $4,695,000 

1Infrastructure Protection ................................................................................... 2,431,000 7,791,000 

Integrated Operations ......................................................................................... 4,000,000 4,000,000 

Total, Research and Development ............................................................. $47,847,000 $16,486,000 

Cybersecurity 

The recommendation supports the requested $36,721,000 increase above fiscal year 2018 for cybersecurity research and development to support NPPD’s requirements; however, this funding is 

included in the Science and Technology Directorate’s Research and 

Development account. 

54 

Infrastructure Protection 

The Committee supports NPPD’s efforts to pursue new innovative technologies for rapid deployment, identify projects to address 

resilient design challenges, develop tools to support infrastructure 

investment decisions, and create products that can aid in detecting 

malicious activity. The recommendation includes an increase of 

$5,360,000 above the amount requested for the Technology Development and Deployment Program to define agency needs, identify 

requirements for community level critical infrastructure protection 

and resilience, and rapidly develop, test, and transition to use technologies that address these needs and requirements. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

Appropriation, fiscal year 2018 ......................................................... $12,309,039,000 

Budget request, fiscal year 2019 ....................................................... 11,020,699,000 

Recommended in the bill ................................................................... 11,726,808,000 

Bill compared with: 

Appropriation, fiscal year 2018 ¥582,231,000.

Budget request, fiscal year 2019 ................................................ +706,109,000 Note: Totals include funding designated by the Congress as being for disaster relief pursuant to section 

251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

Mission 

The Federal Emergency Management Agency (FEMA) helps 

build, sustain, and improve the nation’s capability to prepare for, 

protect against, respond to, recover from, and mitigate all hazards 

through disaster response, recovery, and grant programs supporting first responders, emergency management, mitigation activities, and preparedness. 

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2018 ......................................................... $1,030,135,000 

Budget request, fiscal year 2019 ....................................................... 1,036,282,000 

Recommended in the bill ................................................................... 1,057,599,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +27,464,000 

Budget request, fiscal year 2019 ................................................ +21,317,000 

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

Budget Request Recommendation 

Operations and Support 

Regional Operations ........................................................................................... $158,439,000 $158,439,000 

Mitigation ............................................................................................................ 36,011,000 36,011,000 

Preparedness and Protection .............................................................................. 132,823,000 132,823,000 

Response and Recovery 

Response .................................................................................................... 174,337,000 192,154,000 

(Urban Search and Rescue) ............................................................. (27,513,000) (45,330,000) 

Recovery ..................................................................................................... 49,010,000 49,010,000 

Mission Support .................................................................................................. 485,662,000 489,162,000 

Total, Operations and Support ......................................................... $1,036,282,000 $1,057,599,000 

(Defense) ........................................................................................... (42,213,000) (42,213,000) 

Response and Recovery 

The Committee recommends $45,330,000 for the Urban Search 

and Rescue Response System (USAR). This funding level continues 

55 

support for the 28 USAR Task Forces at fiscal year 2018 levels, 

and includes an additional $10,150,000 to enable FEMA to recapitalize critical equipment necessary to conduct life-saving search 

and rescue operations. 

FEMA is directed to assess the existing USAR Incident Support 

Team workforce to determine whether additional veterinarians are 

necessary to ensure search and rescue canines receive adequate 

care while on deployment, and to report to the Committee on its 

assessment not later than 60 days after the date of enactment of 

this Act. FEMA is encouraged to continue to coordinate with the 

U.S. Department of Agriculture and the Department of Health and 

Human Services to share best practices for the care of search and 

rescue canines. 

Mission Support 

The Committee recommends an increase of $2,500,000 above the 

request to utilize existing enhanced communications platforms that 

integrate telephone, mobile, and web communications to provide 

real-time feedback through live, interactive, multimedia platforms. 

This capability will enable FEMA to more effectively engage and 

support the disaster workforce and state, local, tribal, and territorial partners before, during, and after disasters. 

The Committee also recommends an increase of $1,000,000 above 

the request to support FEMA’s ongoing efforts to deploy the Interoperable Gateway System throughout the continental United 

States and the Caribbean, with the goal of providing a single communications platform to ensure the continuity of communications 

in the event of a natural disaster or other catastrophic event. 

FEMA is directed to brief the Committee not later than 90 days 

after the date of enactment of this Act on its progress in deploying 

these interoperability solutions. 

The Committee supports the agency’s efforts to establish FEMA 

Integration Teams, through which FEMA regional staff will be embedded with state, local, tribal, and territorial (SLTT) government 

offices to provide a continuous presence before, during, and after 

disasters. The co-location of trained FEMA personnel with SLTT 

partners will enable FEMA to improve coordination with those 

partners and provide more effective disaster response and recovery 

operations. The Committee expects FEMA will include funding in 

the fiscal year 2020 budget request to support continued implementation of this initiative. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2018 ......................................................... $85,276,000 

Budget request, fiscal year 2019 ....................................................... 103,349,000 

Recommended in the bill ................................................................... 103,349,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +18,073,000 

Budget request, fiscal year 2019 ................................................ – – – 

The recommendation includes $11,670,000 for modernization of 

the Integrated Public Alert Warning System and $45,496,000 for 

construction and facility improvements for the Mount Weather 

Emergency Operations Center. 

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

56 

Budget Request Recommendation 

Procurement, Construction, and Improvements 

Operational Communications/Information Technology ....................................... $11,670,000 $11,670,000 

Construction and Facility Improvements ............................................................ 46,996,000 46,996,000 

Mission Support Assets and Infrastructure ....................................................... 44,683,000 44,683,000 

Total, Procurement, Construction, and Improvements .............................. $103,349,000 $103,349,000 

(Defense) .................................................................................................... (57,166,000) (57,166,000) 

FEDERAL ASSISTANCE

Appropriation, fiscal year 2018 ......................................................... $3,293,932,000 

Budget request, fiscal year 2019 ....................................................... 2,644,733,000 

Recommended in the bill ................................................................... 3,356,525,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +62,593,000 

Budget request, fiscal year 2019 ................................................ +711,792,000 

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

Budget Request Recommendation 

Federal Assistance 

Grants 

State Homeland Security Grant Program .................................................. $349,362,000 $538,000,000 

(Operation Stonegarden) ................................................................... – – – (85,000,000) 

(Nonprofit Security) ........................................................................... – – – (10,000,000) 

Urban Area Security Initiative ................................................................... 448,844,000 661,000,000 

(Nonprofit Security) ........................................................................... – – – (50,000,000) 

Public Transportation Security Assistance ................................................ 36,358,000 100,000,000 

(Amtrak Security) .............................................................................. – – – (10,000,000) 

(Other-the Road Bus Security) ......................................................... – – – (4,000,000) 

Port Security Grants .................................................................................. 36,358,000 100,000,000 

Assistance to Firefighter Grants ............................................................... 344,344,000 350,000,000 

Staffing for Adequate Fire and Emergency Response (SAFER) Grants .... 344,344,000 350,000,000 

Emergency Management Performance Grants .......................................... 279,335,000 350,000,000 

Competitive Preparedness Grant Program ................................................ 522,000,000 – – – 

National Predisaster Mitigation Fund ....................................................... 39,016,000 249,200,000 

Flood Hazard Mapping and Risk Analysis Program (RiskMAP) ................ 100,000,000 262,531,000 

Emergency Food and Shelter ..................................................................... – – – 120,000,000 

Subtotal, Grants ............................................................................... 2,499,961,000 3,080,731,000 

Education, Training, and Exercises.

Center for Domestic Preparedness ............................................................ 63,756,000 63,939,000 

Center for Homeland Defense and Security .............................................. – – – 18,000,000 

Emergency Management Institute ............................................................. 18,876,000 20,569,000 

U.S. Fire Administration ............................................................................ 43,493,000 43,493,000 

National Domestic Preparedness Consortium ........................................... – – – 101,000,000 

Continuing Training Grants ....................................................................... – – – 8,000,000 

National Exercise Program ........................................................................ 18,647,000 20,793,000 

Subtotal, Education, Training, and Exercises .................................. 144,772,000 275,794,000 

Total, Federal Assistance .......................................................................... $2,644,733,000 $3,356,525,000 

Grants 

A general provision is included in title V of the bill, providing 

$41,000,000 to reimburse state and local law enforcement for extraordinary costs associated with the protection of the President in 

jurisdictions where the President maintains a residence. 

State Homeland Security Grant Program. State, local, tribal, and 

territorial governments play an important role in preparing for, 

preventing, disrupting, mitigating, and protecting against cyber-attacks. The Committee urges FEMA to consider prioritizing cyberseVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00056 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
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curity and technical resources within its grant programs to enable 

state, local, tribal, and territorial governments to better identify, 

detect, protect against, disrupt, respond to, and recover from cyber 

threats and attacks. 

In OIG–18–13, the OIG concluded that FEMA and CBP did not 

meet their oversight responsibilities to monitor Stonegarden grantees, issue adequate guidance and approve costs, and demonstrate 

program performance. Not later than 30 days after the date of enactment of this Act, FEMA and CBP shall update the Committee 

on the status of carrying out the recommendations in the OIG report. Further, as part of the fiscal year 2020 budget request, FEMA 

shall include performance measures for Operation Stonegarden 

that clearly demonstrate the extent to which funding for the program can be tied to progress in achieving program goals, along 

with estimates for how proposed funding would contribute to additional progress. These performance measures should be consistent 

with 31 U.S.C. 1116 and should include outcome measures, as defined by 31 U.S.C. 1115(h). 

The Committee supports efforts to build more resilient tribal 

communities, including culturally appropriate homeland security 

and emergency management training provided by tribal colleges 

and universities for students in their communities. 

Urban Area Security Initiative. The Committee expects the Secretary to prioritize UASI funding towards urban areas that are 

subject to the greatest terrorism risk, and to allocate resources in 

proportion to that risk. The Department shall limit UASI funding 

to urban areas representing up to 85 percent of the national urban 

area risk. 

Firefighter Assistance Grants. FEMA is encouraged to give high 

priority consideration to grants providing for planning, training, 

and equipment to firefighters for crude oil-by-rail and ethanol-byrail derailment and incident response to help meet the needs of our 

most vulnerable communities and first responders. 

The Committee encourages FEMA to provide technical assistance, and work more closely with those communities that are underserved or underrepresented. 

Source Capture Exhaust Extraction Systems (SCES), which capture and filter exhaust gases, are used in firehouses to protect the 

health and safety of firefighters by reducing their exposure to diesel fumes. FEMA is encouraged to assess whether all SCES—including vehicle-mounted—should be rated ‘‘high priority’’ under the 

Assistance to Firefighters Grant Program. 

National Predisaster Mitigation Fund. The Committee is aware 

that in recent years, there have been breakthroughs in technologies 

that can provide predictive assistance in advance of natural disasters such as floods, wildfires, and seismic activity to reduce significantly the losses of life and property by contributing to mitigation 

planning. The Committee encourages FEMA to explore the use of 

artificial intelligence, cloud computing power, and related cutting 

edge technologies with grantees. 

Flood Hazard Mapping and Risk Analysis. Accurate flood mapping data is the foundation of ensuring that communities are resilient in the face of disaster. FEMA’s data collection and modeling 

processes must be transparent from beginning to end and involve 

the active participation of local jurisdictions to ensure maps accuVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00057 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
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rately reflect local conditions and minimize costs to local communities. The Committee looks forward to receiving the briefing required in House Report 115–239 on FEMA’s assessment of its existing processes to identify potential areas for improvement, including the process for reviewing and responding to appeals of preliminary Flood Insurance Rate Maps received from local communities. 

In addition to its ‘‘natural valley’’ method for analyzing and mapping flood hazards, for coastal areas, FEMA should consider an approach, including dynamic, two-dimensional modeling or methods, 

that would be technically sound, credible, and cost-effective, and 

that would provide results that more precisely reflect the flood risk 

in coastal area impacted by levees. 

Education, Training, and Exercises 

The Committee recommends $101,000,000 for the National Domestic Preparedness Consortium (NDPC). The NDPC provides 

comprehensive training to improve the readiness of the nation’s 

first responders to respond to all hazards, including chemical, biological, radiological, nuclear, and explosives incidents. 

The recommendation also includes $8,000,000 for Continuing 

Training Grants. Funding supports competitively-awarded training 

programs to address specific national preparedness gaps, such as 

cybersecurity, economic recovery, housing, and rural and tribal preparedness. Within the total, FEMA shall prioritize funding of not 

less than $3,000,000, to be competitively awarded, for FEMA-certified rural and tribal training. 

DISASTER RELIEF FUND

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2018 ......................................................... $7,900,720,000 

Budget request, fiscal year 2019 ....................................................... 7,234,000,000 

Recommended in the bill ................................................................... 7,210,000,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥690,720,000 

Budget request, fiscal year 2019 ................................................ ¥24,000,000 

Note: Totals include funding designated by the Congress as being for disaster relief pursuant to section 

251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

Bill language is included to allow FEMA to transfer up to 

$3,000,000 from the DRF to the Disaster Assistance Direct Loan 

Program for administrative costs to carry out the program. 

The Committee is concerned with FEMA’s treatment of household financial ability when determining eligibility for continued 

rental assistance. According to the Administrator’s testimony before the Committee, FEMA is currently reviewing its policy regarding continued rental assistance to identify necessary changes to ensure all applicants are treated equally. While this review is underway, the Committee includes an administrative provision in the bill 

to prohibit the consideration of income as the basis for denying continued rental assistance following a disaster. FEMA shall brief the 

Committee not later than 30 days after the date of enactment of 

this Act on the outcome of this review, including proposed regulatory or policy changes to ensure the fair and equal treatment of 

individuals when determining eligibility for continued rental assistance and a timeline for implementation of such changes. The briefVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00058 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
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ing shall also address any legislative changes required, if applicable. 

Disaster mitigation structures such as seawalls are deemed public infrastructure if they are owned by a SLTT government, unless 

clear ownership by a SLTT government cannot be established. 

FEMA is encouraged to consider making Public Assistance and Individual Assistance grant funding available for repairs to disaster 

mitigation structures to the fullest extent allowed by the Stafford 

Act. 

The Committee is aware that, as recovery efforts following Hurricane Maria are underway in Puerto Rico, the Commonwealth’s 

school system is concurrently undergoing a transition and consolidation effort. The Committee encourages FEMA to consult with the 

Department of Education to ensure federal agency efforts are coordinated during this period of transition, and to work with the 

Commonwealth to rebuild schools that are more resilient to natural 

disasters. 

FEMA is directed to conduct a needs-based assessment to determine the strategies and related costs required to ensure cost-effective hazard mitigation measures for coastal federally-recognized 

tribes, including the potential costs of relocation and any relevant 

legislative proposals, to reduce the risk of future damage, hardship, 

loss, or suffering from natural hazards and major disasters. FEMA 

shall submit such assessment to the Committee within one year of 

the date of enactment of this Act. 

The Committee notes the release of the 2017 Hurricane Season 

FEMA After-Action Report and remains concerned about the response to Hurricane Maria in Puerto Rico. Within 90 days of the 

date of enactment of this Act, the Committee directs the OIG to review the response and recovery effort to Hurricane Maria. The OIG 

shall make recommendations for improvements in the future including improvements to FEMA’s response to appeals for housing 

assistance resulting in increasing the number of persons in need 

receiving assistance. 

As noted in the 2017 Hurricane Season FEMA After-Action Report, FEMA faced staffing shortages and logistical challenges in the 

tracking, moving, and delivery of resources to Puerto Rico and the 

U.S. Virgin Islands during the lead up and response to Hurricanes 

Maria and Irma. These challenges were in part due to response 

plans that were at least five years old for both locations. The Committee directs FEMA to work with states and territories to more 

frequently update response plans, make the necessary revisions to 

the National Response Framework and the Response Federal Interagency Operational Plan, and report back to the Committee within 

90 days of the date of enactment of this Act on its progress. FEMA 

is further directed to brief the Committee on its disaster workforce 

review, as recommended in the 2017 Hurricane Season After-Action, to include incident management, incident support, and mission essential functions. 

Within 90 days of the date of enactment of this Act, the Inspector 

General shall conduct an audit of contracts subject to FEMA reimbursement for the removal of debris resulting from Hurricane 

Irma, and shall report to the Committee on the results of such 

audit, including a determination of whether the services could have 

been provided at lower taxpayer cost. 

60 

NATIONAL FLOOD INSURANCE FUND

Appropriation, fiscal year 2018 ......................................................... $203,500,000 

Budget request, fiscal year 2019 ....................................................... 201,691,000 

Recommended in the bill ................................................................... 201,691,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥1,809,000 

Budget request, fiscal year 2019 ................................................ – – – 

Section 11 of the Homeowner Flood Insurance Affordability Act 

of 2014 (Public Law 113–89) required FEMA to offer certain policyholders the option of paying their flood insurance premiums on a 

monthly basis, to help manage the cost of flood insurance to homeowners. However, more than four years after enactment, FEMA 

has yet to initiate the rule-making process. FEMA is directed to expeditiously promulgate regulations in compliance with this legislative mandate. 

TITLE III—ADMINISTRATIVE PROVISIONS—THIS ACT

Section 301. The Committee continues a provision limiting expenses for administration of grants. 

Section 302. The Committee continues a provision specifying 

timeframes for grant applications and awards. 

Section 303. The Committee continues a provision that requires 

five day advance notification for certain grant awards under ‘‘Federal Emergency Management Agency—Federal Assistance’’. 

Section 304. The Committee continues a provision that addresses 

the availability of certain grant funds for the installation of communications towers. 

Section 305. The Committee continues a provision requiring the 

submission of the monthly DRF report. 

Section 306. The Committee continues a provision permitting the 

Secretary to grant waivers from specified requirements of section 

34 of the Federal Fire Prevention and Control Act of 1974. 

Section 307. The Committee continues a provision providing for 

the receipt and expenditure of fees collected for the Radiological 

Emergency Preparedness Program, as authorized by Public Law 

105–276. 

Section 308. The Committee includes a new provision prohibiting 

the denial of continued rental assistance to an individual or household on the basis of income. 

TITLE IV—RESEARCH, DEVELOPMENT, TRAINING, AND 

SERVICES 

U.S. CITIZENSHIP AND IMMIGRATION SERVICES

Appropriation, fiscal year 2018 ......................................................... $132,513,000 

Budget request, fiscal year 2019 ....................................................... 131,919,000 

Recommended in the bill ................................................................... 131,919,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥594,000 

Budget request, fiscal year 2019 ................................................ – – – 

Mission 

The mission of U.S. Citizenship and Immigration Services 

(USCIS) is to adjudicate and grant immigration and citizenship 

benefits, provide accurate and useful information to customers, and 

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promote an awareness and understanding of citizenship in support 

of immigrant integration, while protecting the integrity of the nation’s immigration system. Funded primarily through fees, the only 

discretionary spending is for the E-Verify program, an information 

technology system that enables employers to determine a job applicant’s eligibility to work in the United States. 

Recommendation 

As in prior years, the bill makes available $10,000,000 in fee revenue to support the Citizenship and Integration Grant Program. In 

addition, USCIS continues to have the authority to accept private 

donations to support this program. The Committee directs USCIS 

to provide an update on its planned use of this authority not later 

than 30 days after the date of enactment of this Act, to include efforts undertaken to solicit private donations. 

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2018 ......................................................... $108,856,000 

Budget request, fiscal year 2019 ....................................................... 109,081,000 

Recommended in the bill ................................................................... 109,081,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +225,000 

Budget request, fiscal year 2019 ................................................ – – – 

The Committee directs DHS to administer the H–2B and H–2A 

visa programs in a manner consistent with the law and to continue 

to process applications as quickly as possible. 

The Committee also directs USCIS to conduct a Benefit Fraud 

Assessment regarding the Special Immigrant Juvenile program and 

brief the Committee on the results of such assessment not later 

than one year after the date of enactment of this Act. 

USCIS is expected to continue the use of fee waivers for applicants who can demonstrate an inability to pay the naturalization 

fee. USCIS is also encouraged to consider whether the current naturalization fee is a barrier to naturalization for those earning between 150 percent and 200 percent of the federal poverty guidelines, who are not currently eligible for a fee waiver. 

The Committee encourages USCIS to maintain naturalization 

fees at an affordable level while also focusing on reducing the backlog of applicants. As USCIS undertakes its next biennial fee study, 

the Committee urges the agency to include in its final report an estimate of the resources required to clear the backlog of applications 

for temporary status, adjustment of status, and naturalization, as 

well as reduce future wait times from the submission to initial adjudication to no more than one year for all petitions processed by 

the agency. 

Additionally, any new fee study should account for the need to 

hire the required number of refugee and asylee interviewers and 

improve coordination with the intelligence community on expanded 

vetting for certain refugees. 

The Committee urges USCIS to dedicate more resources to U 

visa adjudication, specifically increasing trained U visa adjudicators by at least 60 additional agents, and provide adequate resources to hire staff and train adjudicators for the purpose of reviewing applications within six months of receipt. 

62 

The Committee encourages USCIS to work with CBP to provide 

lawful permanent residents who arrive at ports of entry with information about the naturalization process and to encourage them to 

apply for U.S. citizenship. USCIS and CBP can provide this information through Automated Passport Control self-service kiosks or 

through naturalization videos or signage created by the Office of 

Citizenship for display at USCIS locations and in the passport control or customs lines where lawful permanent residents wait to reenter the United States. 

USCIS shall brief the Committee within 180 days of the date of 

enactment of this Act on the number of application forms processed 

by month for fiscal years 2016 through 2018 for the following: form 

I–130 (Petition for Alien Relative); form I–485 (Application to Register Permanent Residence or Adjust Status); form I–751 (Petition 

to Remove Conditions on Residence); and form N–400 (Application 

for Naturalization). The brief shall include data on the immigration 

status of the petitioner (U.S. citizen or legal permanent resident); 

nationality of the applicant; processing time; and field office or 

service center to which the application was assigned. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2018 ......................................................... $22,657,000 

Budget request, fiscal year 2019 ....................................................... 22,838,000 

Recommended in the bill ................................................................... 22,838,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +181,000 

Budget request, fiscal year 2019 ................................................ – – – 

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

FEDERAL LAW ENFORCEMENT TRAINING CENTERS

Appropriation, fiscal year 2018 ......................................................... $254,000,000 

Budget request, fiscal year 2019 ....................................................... 382,134,000 

Recommended in the bill ................................................................... 254,774,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +774,000 

Budget request, fiscal year 2019 ................................................ ¥127,360,000 

Mission 

The Federal Law Enforcement Training Centers (FLETC) serve 

as an interagency law enforcement training organization for over 

90 federal agencies and numerous state, local, tribal, and international law enforcement agencies. 

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2018 ......................................................... $254,000,000 

Budget request, fiscal year 2019 ....................................................... 296,557,000 

Recommended in the bill ................................................................... 254,774,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +774,000 

Budget request, fiscal year 2019 ................................................ ¥41,783,000 

The Committee recommends $254,774,000 for O&S, $41,783,000 

below the amount requested and $774,000 above the amount provided in fiscal year 2018. The reduction below the requested 

amount reflects updated hiring levels for CBP and ICE based on 

63 

funding provided by the Committee. A comparison of the budget request to the Committee recommended level by budget activity is as 

follows: 

Budget Request Recommended 

Operations and Support 

Law Enforcement Training .................................................................................. $267,749,000 $225,966,000 

Mission Support .................................................................................................. $28,808,000 $28,808,000 

Total, Operations and Support .................................................................. $296,557,000 $254,774,000 

The Director of FLETC shall schedule basic or advanced law enforcement training, or both, at all four training facilities to ensure 

they are operated at the highest capacity throughout the fiscal 

year. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2018 ......................................................... – – – 

Budget request, fiscal year 2019 ....................................................... $85,577,000 

Recommended in the bill ................................................................... – – – 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. – – – 

Budget request, fiscal year 2019 ................................................ ¥85,577,000 

The Committee recommends no funding for Procurement, Construction, and Improvements for fiscal year 2019, as the requested 

increase in students that was used to justify these construction 

projects has not been funded. 

SCIENCE AND TECHNOLOGY DIRECTORATE

Appropriation, fiscal year 2018 ......................................................... $840,943,000 

Budget request, fiscal year 2019 ....................................................... 583,283,000 

Recommended in the bill ................................................................... 802,159,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥38,784,000 

Budget request, fiscal year 2019 ................................................ +218,876,000 

Mission 

The mission of the Science and Technology Directorate (S&T) is 

to conduct and support research, development, developmental and 

operational testing and evaluation, and the timely transition of 

homeland security capabilities to federal, state, and local operational end users. 

Recommendation 

The fiscal year 2019 President’s budget request, for the second 

year in a row, proposes significant reductions to S&T, which raises 

questions about the strategic direction the Department envisions 

for the capabilities provided by S&T. This is especially true in the 

case of S&T’s laboratory capabilities and for cybersecurity related 

research and development funding. While the Committee recommends continued funding for these programs, DHS is directed to 

brief the Committee not later than 90 days after the date of enactment of this Act on the long-term strategic direction regarding the 

planned role of laboratory facilities within the Department. Further, the Committee directs a joint briefing not later than 120 days 

after the date of enactment of this Act with S&T and NPPD reVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00063 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
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garding the process for determining which R&D projects to 

prioritize for funding that relate to cybersecurity and infrastructure 

protection, what the intended outcomes are, and a plan for transition, acquisition, and deployment of these technologies and capabilities upon completion. 

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2018 ......................................................... $331,113,000 

Budget request, fiscal year 2019 ....................................................... 271,803,000 

Recommended in the bill ................................................................... 304,408,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥26,705,000 

Budget request, fiscal year 2019 ................................................ +32,605,000 

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

Budget Request Recommendation 

Operations and Support 

Laboratory Facilities ........................................................................................... $110,519,000 $117,840,000 

Acquisition and Operations Analysis .................................................................. 42,552,000 48,510,000 

Mission Support .................................................................................................. 118,732,000 138,058,000 

Total, Operations and Support .................................................................. $271,803,000 $304,408,000 

Laboratory Facilities 

The Committee recommends fully funding the Chemical Security 

Analysis Center (CSAC) and the National Urban Security Technology Laboratory (NUSTL) and notes that beginning in fiscal year 

2019, funding for the National Biodefense Analysis and Countermeasures Center (NBACC) is shared with the Federal Bureau of 

Investigation. The Committee continues to support the important 

work of these laboratories and recognizes their unique contribution 

to the homeland security mission. Additionally, the Committee 

fully supports the President’s proposal to expand the Work for Others (WFO) program within NBACC and directs S&T to report back 

within 90 days of the date of enactment of this Act on the process 

established to document, streamline, and approve WFO projects 

and projections for the number of projects and total revenue generated for each for the next five fiscal years. 

The recommendation supports the transfer of the National Bio 

and Agro-defense Facility operations to the Agriculture Research 

Service within the Department of Agriculture. 

Acquisition and Operations Analysis 

The recommendation includes an increase of $5,000,000 for the 

Office of Standards, an increase of $1,957,000 for additional positions in support of the SAFETY Act program, and an increase of 

$1,000,000 for Systems Engineering and Research. The recommendation does not include $2,000,000 requested funding for 

Knowledge Management and Tech Foraging, which is funded in the 

Research and Development appropriation. 

Mission Support 

The recommendation restores funding for the proposed Compliance Assessment Program Office and information technology reducVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00064 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
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tions, increases funding for personnel, and includes $8,541,000 for 

financial systems modernization. 

RESEARCH AND DEVELOPMENT

Appropriation, fiscal year 2018 ......................................................... $509,830,000 

Budget request, fiscal year 2019 ....................................................... 311,480,000 

Recommended in the bill ................................................................... 497,751,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. ¥12,079,000 

Budget request, fiscal year 2019 ................................................ +186,271,000 

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

Budget Request Recommendation 

Research and Development 

Research, Development, and Innovation ............................................................ $289,734,000 $457,251,000 

University Programs ............................................................................................ 21,746,000 40,500,000 

Total, Research and Development ............................................................. $311,480,000 $497,751,000 

Research, Development, and Innovation 

The Committee recommends $457,251,000 for Research, Development, and Innovation (RD&I). S&T is directed to brief the Committee not later than 30 days after the date of enactment of this 

Act on the proposed allocation of RD&I funds by project and thrust 

area, and to update the Committee on any changes from this initial 

allocation. Included in this amount is $19,000,000, an increase of 

$15,000,000 above the amount requested, to develop protection solutions for soft targets in critical environments and public spaces, 

to include schools. S&T is directed to work with NPPD’s Infrastructure Protection Office on the requirements for this initiative. 

The Committee supports the continued implementation of the Integrated Product Team process, which prioritizes R&D activities 

across the Department and directly links S&T projects to component-identified and validated technological capability gaps. Further, the Committee continues to support S&T’s Apex programs, 

which focus on critical research areas such as developing and fielding next generation first responder technology, to include advanced 

sensors and imaging technologies. 

The U.S. continues to face the challenges of protecting its water 

resources from both man-made and natural threats. Flood control 

structures, such as dams, levees, embankments, canals, and rivertraining structures, play a critical role in managing water resources. These flood control structures are critical for the nation to 

harness water resources, enable water management, and contribute 

to energy production. The Committee supports continued S&T, 

FEMA, and NPPD efforts in this area, to include assessing the impact on these structures from the effects of aging and from natural 

and man-made disasters, developing sustainable solutions for infrastructure protection, and providing guidance and standards to communities and critical infrastructure operators. 

The Committee encourages S&T, in consultation with NIST and 

the First Responder Network Authority, to provide pilot funding to 

local public broadcasters to further demonstrate and evaluate the 

benefits of datacasting technology to public safety agencies. 

66 

The Committee supports S&T’s efforts to develop a cost-effective 

detection system to rapidly collect and exploit information useful 

for detecting opioids and fentanyls, and includes a total of 

$17,000,000 to pursue a more comprehensive and detailed prototyping program and an operational utility assessment of each prototype for use in air and land border ports of entry and at international mail handling facilities. 

The Committee is concerned about the emerging and evolving 

threat posed by our adversaries’ use of homemade explosives and 

encourages S&T to increase funding for the Homemade Explosive 

Characterization program to improve the ability to detect, evaluate, 

and characterize the effects of these devices. The Committee is 

aware of increasingly sophisticated and rapidly evolving tactical 

applications of detector dogs and encourages S&T to continue to 

conduct research to improve and validate canine detection capabilities. 

The Committee supports S&T’s Enabling UAS Technologies program and recommends that S&T increase funding to expand to 

maritime UAS systems and sensor studies. The Committee also encourages S&T to examine the use and applicability of an autonomously delivered, advanced telemedicine system that can be used 

in support of mass casualty and trauma support situations in remote, dangerous, or hostile environments to provide critical care 

support and real time communications access to specialized medical 

care professionals. 

The request eliminated funding for S&T’s Cyber Security/Information Analytics thrust area, and instead proposed an increase of 

$36,721,000 for cyber-related research and development within 

NPPD. In lieu of providing funds within NPPD, the Committee recommends not less than $85,501,000 for the Cyber Security/Information Analytics thrust area and directs S&T to work in conjunction 

with NPPD’s Cybersecurity and Communications Office to develop 

not less than $58,721,000 of these requirements. The Committee 

reminds S&T of the importance of supporting NPPD’s operations 

and government-wide stakeholders in developing these requirements and designing a smooth and executable product integration 

and transition process. 

The Committee is concerned about the cybersecurity threats to 

the nation’s public utility sectors, recognizing that many providers 

lack sufficient expertise or financial resources to adequately mitigate these threats. The recommendation includes an increase of 

$22,000,000 to establish a testbed to evaluate technologies, analytic 

tools, and proposed cyber solutions to mitigate cyber threats across 

the utility sector and develop a platform for sharing information related to testbed activities, with a goal of developing cost efficient 

and operationally effective sensor technologies to support small 

utility companies. This funding shall be used to establish a physical test bed environment and evaluation framework; socialize the 

concept to stakeholders; and leverage and contract for the necessary expertise. 

The Committee encourages S&T to continue funding research 

supporting DHS’s agricultural defense mission, to include a focus 

on transitioning university projects to useful applications that support the homeland security enterprise. 

67 

The Committee also supports continued advanced research using 

high resolution magnification to examine emerging semiconductor 

technologies (including microchips, light emitting diodes, batteries, 

and processors) to improve cybersecurity by detecting potential 

structural defects that could allow the unintended manipulation of 

hardware. 

The Committee supports S&T’s efforts to develop, promote, and 

transfer open source software and other open technologies, including activities conducted through the DHS Homeland Open Security 

Technology program and associated activities. The Committee encourages S&T to prioritize tooling for open source development to 

provide support for continued development of secure software. 

The Committee remains concerned about the practice of spoofing 

by criminals to commit fraud over the phone. The Committee encourages the Department to continue to pursue the development of 

technologies to combat this practice and requests a briefing on 

these, as well as on plans for future technological research and development. 

The Committee is aware of a critical shortfall of industrial capacity related to secure composite shipping containers and supports efforts to develop thermoplastic composite materials that reduce 

costs and improve intrusion sensor integration. 

The Committee is pleased that S&T has been engaged in a threeyear binational research and development pilot. The recommendation includes $2,000,000 for continuation of this pilot. The pilot 

should continue its focus on border security, maritime security, biometrics, cybersecurity, and video analytics among other topics. 

Within 180 days of the enactment of this act, S&T shall provide a 

report to the Committee on the results of each grant awarded 

through the pilot and on any commercialization or transition to 

practice that has resulted from the pilot’s projects. 

With the increase in the use of mobile technology, the Committee 

is concerned about the potential for sensitive information to be 

accessed and reviewed in unsecure environments. S&T, together 

with NPPD and OCIO, is encouraged to explore the feasibility of 

deploying technology that can restrict a device’s access to sensitive 

information, as appropriate, based on the location of the device that 

is accessing it, to include any facilities-related requirements and 

associated costs to employ such methods. 

University Programs 

The Committee recommends $40,500,000 for University Programs. The recommendation restores the proposed cuts to University Programs to ensure S&T’s ability to maintain 10 Centers of 

Excellence (COEs). S&T shall notify the Committees of any plan or 

proposal to reduce funding for, diminish the role of, or eliminate 

COEs prior to taking any action to do so. S&T is encouraged to 

prioritize collaborations with qualified research universities to support critical research topics in priority areas, including maritime 

security, cross-border threat screening, unmanned systems, 

counterterrorism, emerging analytics, cybersecurity, first responder 

safety, and critical infrastructure. 

The Committee is concerned that for the second year, the President’s request proposes to reduce the University Programs funding 

level and therefore close Centers. The Committee directs S&T to 

68 

provide a report within 90 days after the date of enactment of this 

Act on the process for determining how funding is allocated to each 

Center and the metrics and process used by S&T to track each 

Center’s performance. Further, the report should include S&T’s 

plan to ensure that emeritus Centers remain as critical assets serving the national interest, as Congress intends these Centers to be 

a long-term investment in critical capacity building not a temporary asset. 

S&T and the Coast Guard are encouraged to continue existing 

partnerships with museums and schools on oceanographic programs that support science, technology, engineering, and math education, and consider expanding these programs with minority-serving institutions. 

COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

Appropriation, fiscal year 2018 ......................................................... – – – 

Budget request, fiscal year 2019 ....................................................... $429,266,000 

Recommended in the bill ................................................................... 434,266,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +434,266,000 

Budget request, fiscal year 2019 ................................................ +5,000,000 

Mission 

The mission of the Countering Weapons of Mass Destruction 

(CWMD) Office is to thwart efforts by terrorists or other threat actors who seek to carry out an attack against the United States or 

its interests using a weapon of mass destruction. 

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2018 ......................................................... – – – 

Budget request, fiscal year 2019 ....................................................... $209,264,000 

Recommended in the bill ................................................................... 214,264,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +214,264,000 

Budget request, fiscal year 2019 ................................................ +5,000,000 

The Operations and Support appropriation funds the operations 

and oversight of programs that support DHS activities to counter 

biological, chemical, radiological, and nuclear threats, including the 

development and implementation of strategic plans, exercises, and 

assessments of operational effectiveness of CWMD capabilities. 

On December 5, 2017, the Department established a new Countering Weapons of Mass Destruction Office to consolidate the Domestic Nuclear Detection Office (DNDO), the Office of Health Affairs (OHA), and certain related activities and personnel from other 

components into a single office. In light of this reorganization, the 

fiscal year 2019 budget proposed funding in new CWMD Office accounts. The fiscal year 2018 DHS Appropriations Act included a 

provision to permit DHS to begin executing funds through new 

CWMD appropriations accounts beginning on October 1, 2018, if 

legislation is enacted explicitly authorizing the establishment of 

this Office. Consistent with H.R. 6198, introduced in the House on 

June 22, 2018, the recommendation reflects the proposed funding 

structure for fiscal year 2019. 

Within the total amount provided, not less than $500,000 is to 

continue implementation of the voluntary anthrax vaccine program 

for emergency responders. The CWMD Office is directed to brief 

69 

the Committee not later than 45 days after the date of enactment 

of this Act on the status of implementation of this program, including a plan for the expansion beyond the initial pilot in the first 

community and associated costs. 

The CWMD Office is in the process of establishing a permanent 

footprint at the National Targeting Center in an effort to improve 

information sharing and coordination among DHS components. 

However, it is unclear whether the requested funding will fully 

support the capabilities currently delivered by the National Biosurveillance Integration Center and the Joint Analysis Center, including situational awareness of biological and nuclear threats for 

the Department and federal, state, local, and private sectors partners. As a result, the Committee recommends $5,000,000 above the 

request for continued funding of these activities. 

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

Budget Request Recommendation 

Operations and Support 

Capability and Operations Support .................................................................... $125,943,000 $130,943,000 

Mission Support .................................................................................................. 83,321,000 83,321,000 

Total, Operations and Support .................................................................. $209,264,000 $214,264,000 

The Committee encourages the CWMD Office to continue its engagement in support of a visualization tool that incorporates data 

from state and local entities that can serve as a bio-preparedness 

tool for emergency response, emergency management, and law enforcement at all levels of government. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2018 ......................................................... – – – 

Budget request, fiscal year 2019 ....................................................... $74,896,000 

Recommended in the bill ................................................................... 74,896,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +74,896,000 

Budget request, fiscal year 2019 ................................................ – – – 

Procurement, Construction, and Improvements provides funds for 

the acquisition and deployment of assets to enable DHS operational 

components to detect radiological, nuclear, biological, and chemical 

threats. 

The recommendation funds the acquisition and deployment of 

large-scale radiation and nuclear detection systems. Within the 

total, $24,046,000 is for the Radiation Portal Monitor (RPM) Program; $47,750,000 is for the RPM Replacement Program; and 

$3,100,000 is for the International Rail Program. 

RESEARCH AND DEVELOPMENT

Appropriation, fiscal year 2018 ......................................................... – – – 

Budget request, fiscal year 2019 ....................................................... $80,443,000 

Recommended in the bill ................................................................... 80,443,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +80,443,000 

Budget request, fiscal year 2019 ................................................ – – – 

The Research and Development appropriation funds the identification, exploration, and demonstration of new technologies and 

capabilities to enable DHS and its partners to prevent, protect 

70 

against, respond to, and mitigate radiological, nuclear, biological, 

and chemical threats. 

The Committee is aware of an exploratory research project underway by the CWMD Office to demonstrate a new semiconductor 

detector that may produce more advanced radiation detection devices. The CWMD Office shall brief the Committee on this effort 

not later than 30 days after the date of enactment of this Act. 

FEDERAL ASSISTANCE

Appropriation, fiscal year 2018 ......................................................... – – – 

Budget request, fiscal year 2019 ....................................................... $64,663,000 

Recommended in the bill ................................................................... 64,663,000 

Bill compared with: 

Appropriation, fiscal year 2018 .................................................. +64,663,000 

Budget request, fiscal year 2019 ................................................ – – – 

The Federal Assistance appropriation funds training, exercises, 

and deployment of assets that support efforts of federal, state, 

local, tribal, territorial, and international partners to counter radiological, nuclear, biological, and chemical threats. 

TITLE IV—ADMINISTRATIVE PROVISIONS—THIS ACT

Section 401. The Committee continues a provision allowing 

USCIS to acquire, operate, equip, and dispose of up to five vehicles 

under certain scenarios. 

Section 402. The Committee continues a provision prohibiting 

USCIS from granting immigration benefits unless the results of 

background checks are completed prior to the granting of the benefit and the results do not preclude the granting of the benefit. 

Section 403. The Committee continues a provision limiting the 

use of A–76 competitions by USCIS. 

Section 404. The Committee continues a provision making immigration examination fee collections explicitly available for immigrant integration grants, not to exceed $10,000,000, in fiscal year 

2019. 

Section 405. The Committee continues a provision authorizing 

FLETC to distribute funds for incurred training expenses. 

Section 406. The Committee continues a provision directing the 

FLETC Accreditation Board to lead the federal law enforcement 

training accreditation process to measure and assess federal law 

enforcement training programs, facilities, and instructors. 

Section 407. The Committee continues a provision establishing 

the ‘‘Federal Law Enforcement Training Centers—Procurement, 

Construction, and Improvements’’ appropriation, and allowing for 

the acceptance of transfers from government agencies into this appropriation. 

Section 408. The Committee continues a provision classifying 

FLETC instructor staff as inherently governmental for certain considerations. 

Section 409. The Committee includes a new provision allowing 

the sale of federal property and assets in Plum Island, New York, 

in a manner consistent with standard federal asset disposition. 

71 

TITLE V—GENERAL PROVISIONS 

(INCLUDING TRANSFERS OF FUNDS)

Section 501. The Committee continues a provision limiting the 

availability of appropriations to one year unless otherwise expressly provided. 

Section 502. The Committee continues a provision providing that 

unexpended balances of prior year appropriations may be merged 

with new appropriation accounts and used for the same purpose, 

subject to reprogramming guidelines. 

Section 503. The Committee continues and modifies a provision 

limiting authority to reprogram funds within an appropriation 

above a specified threshold unless the Department provides notification to the Committees on Appropriations at least 15 days in advance, and providing authority to transfer not more than 5 percent 

between appropriations accounts, with a requirement for a 30-day 

advance notification. A detailed funding table identifying each congressional control level for reprogramming purposes is included at 

the end of this report. 

These reprogramming and transfer requirements shall be complied with by all agencies funded by the Department of Homeland 

Security Appropriations Act, 2019. In addition, the Department 

shall submit reprogramming and transfer notifications on a timely 

basis and provide complete explanations of the reallocations proposed, including detailed justifications of the increases and offsets, 

and any specific impact the proposed changes will have on the 

budget request for the following fiscal year and future-year appropriations requirements. Each notification submitted to the Committees should include a detailed table showing the proposed revisions 

at the account, program, project, and activity level to the funding 

and FTE levels for the current fiscal year and the levels requested 

in the President’s budget for the following fiscal year. 

The Department shall manage its programs and activities within 

the levels appropriated, and should only submit reprogramming or 

transfer notifications in cases of unforeseeable and compelling circumstances that could not have been predicted when formulating 

the budget request for the budget year. When the Department submits a reprogramming or transfer notification to the Committees 

and does not receive identical responses from the House and the 

Senate, it is expected to reconcile the House and the Senate differences before proceeding. 

The Department is not to submit a notification for a reprogramming or transfer of funds after June 30 except in extraordinary circumstances that imminently threaten the safety of human life or 

the protection of property. If a reprogramming or transfer is needed 

after June 30, the notice should contain sufficient documentation 

as to why it meets this statutory exception. 

Deobligated funds are also subject to the reprogramming and 

transfer guidelines and requirements set forth in this section. 

The Secretary is permitted to transfer up to $20,000,000 to address immigration emergencies. 

Section 504. The Committee continues by reference a provision 

prohibiting funds appropriated or otherwise made available to the 

Department to make payment to the Working Capital Fund (WCF), 

except for activities and amounts allowed in the President’s fiscal 

72 

year 2019 budget request. Funds provided to the WCF are available until expended. The Department can only charge components 

for direct usage of the WCF and these funds may be used only for 

the purposes consistent with the WCF uses of the contributing 

component. Any funds paid in advance or for reimbursement must 

reflect the full cost of each service. The Department shall submit 

a notification prior to adding a new activity to the fund or eliminating an existing activity from the fund. For activities added to 

the fund, such notifications shall detail the source of funds by PPA. 

In addition, the Department shall submit quarterly WCF execution 

reports to the Committees that include activity-level detail. 

Section 505. The Committee continues and modifies a provision 

providing that not to exceed 50 percent of unobligated balances 

from prior year appropriations for each Operations and Support appropriation shall remain available through fiscal year 2020, subject 

to section 503 reprogramming requirements. 

Section 506. The Committee continues a provision that deems intelligence activities to be specifically authorized during fiscal year 

2019 until the enactment of an Act authorizing intelligence activities for fiscal year 2019. 

Section 507. The Committee continues a provision requiring notification to the Committees at least three days before DHS executes 

or announces grant allocations; grant awards; contract awards, including contracts covered by the Federal Acquisition Regulation; 

other transaction agreements; letters of intent; a task or delivery 

order on multiple award contracts totaling $1,000,000 or more; a 

task or delivery order greater than $10,000,000 from multi-year 

funds; or sole-source grant awards. Notifications shall include a description of projects or activities to be funded and their location, including city, county, and state. 

Section 508. The Committee continues a provision prohibiting all 

agencies from purchasing, constructing, or leasing additional facilities for federal law enforcement training without advance notification to the Committees. 

Section 509. The Committee continues a provision prohibiting the 

use of funds for any construction, repair, alteration, or acquisition 

project for which a prospectus, if required under chapter 33 of title 

40, United States Code, has not been approved. 

Section 510. The Committee continues a provision that consolidates by reference prior-year statutory provisions related to a contracting officer’s technical representative training; sensitive security information; and the use of funds in conformance with section 

303 of the Energy Policy Act of 1992. 

Section 511. The Committee continues a provision prohibiting the 

use of funds in contravention of the Buy American Act. 

Section 512. The Committee continues a provision regarding the 

oath of allegiance required by section 337 of the Immigration and 

Nationality Act. 

Section 513. The Committee continues a provision prohibiting 

DHS from using funds in this Act to carry out reorganization authority. 

Section 514. The Committee continues a provision prohibiting 

funds for planning, testing, piloting, or developing a national identification card. 

73 

Section 515. The Committee continues a provision directing that 

any official required by this Act to report or certify to the Committees on Appropriations may not delegate such authority unless expressly authorized to do so in this Act. 

Section 516. The Committee continues a provision prohibiting the 

use of funds for the transfer or release of individuals detained at 

United States Naval Station, Guantanamo Bay, Cuba into or within the United States. 

Section 517. The Committee continues a provision prohibiting 

funds in this Act to be used for first-class travel. 

Section 518. The Committee continues a provision prohibiting the 

use of funds to employ illegal workers as described in Section 

274A(h)(3) of the Immigration and Nationality Act. 

Section 519. The Committee continues a provision prohibiting 

funds appropriated or otherwise made available by this Act to pay 

for award or incentive fees for contractors with below satisfactory 

performance or performance that fails to meet the basic requirements of the contract. 

Section 520. The Committee continues a provision prohibiting the 

use of funds to enter into a federal contract unless the contract 

meets requirements of the Federal Property and Administrative 

Services Act of 1949 or chapter 137 of title 10 U.S.C., and the Federal Acquisition Regulation, unless the contract is otherwise authorized by statute without regard to this section. 

Section 521. The Committee continues a provision requiring DHS 

computer systems to block electronic access to pornography, except 

for law enforcement purposes. 

Section 522. The Committee continues a provision regarding the 

transfer of firearms by federal law enforcement personnel. 

Section 523. The Committee continues a provision regarding 

funding restrictions and reporting requirements related to conferences occurring outside of the United States. 

Section 524. The Committee continues a provision prohibiting 

funds to reimburse any federal department or agency for its participation in a National Special Security Event. 

Section 525. The Committee continues a provision requiring a notification, including justification materials, prior to implementing 

any structural pay reform that affects more than 100 full-time positions or costs more than $5,000,000. 

Section 526. The Committee continues a provision directing the 

Department to post on a public website reports required by the 

Committees on Appropriations unless public posting compromises 

homeland or national security or contains proprietary information. 

Section 527. The Committee continues a provision authorizing 

minor procurement, construction, and improvements under Operations and Support appropriations, as specified. 

Section 528. The Committee continues a provision related to the 

Arms Trade Treaty. 

Section 529. The Committee continues by reference a provision to 

authorize DHS to fund out of existing discretionary appropriations 

the expenses of primary and secondary schooling of eligible dependents in areas in territories that meet certain criteria. 

Section 530. The Committee continues by reference a provision 

providing $41,000,000 for ‘‘Federal Emergency Management Agency—Federal Assistance’’ to reimburse extraordinary law enforceVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00073 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
74 

ment personnel overtime costs for protection activities directly and 

demonstrably associated with a residence of the President that is 

designated for protection. 

Section 531. The Committee includes a provision regarding congressional visits to detention facilities. 

Section 532. The Committee includes a provision prohibiting the 

use of funds to detain or deport DACA recipients who also serve 

in the U.S. Armed Forces. 

Section 533. The Committee includes a provision prohibiting the 

use of funds for ICE to pay for abortions except in certain circumstances, or to require any person to perform an abortion. 

Section 534. The Committee includes a provision amending the 

Stafford Act that prohibits FEMA from considering income in determining whether to provide or continue to provide rental assistance following a disaster. 

Section 535. The Committee includes a provision making Disaster Unemployment Assistance available for a one-year period beginning on the date of a disaster declaration for Hurricane Irma 

and Hurricane Maria for the Commonwealth of Puerto Rico and 

the U.S. Virgin Islands. 

Section 536. The Committee includes a provision regarding the 

H–2A temporary agriculture worker program. 

Section 537. The Committee includes a provision regarding the 

H–2B temporary non-agriculture worker program. 

Section 538. The Committee includes a provision prohibiting the 

use of funds to disallow certain Native American tribal members 

the right to cross the U.S.-Canada border. 

Section 539. The Committee includes a provision changing the 

statute of limitations for the recovery of FEMA Public Assistance 

Grants. 

Section 540. The Committee includes a provision removing percountry limits for employment-based immigrants and increases the 

per-country numerical limitation for family-based immigrants. 

Section 541. The Committee includes a provision prohibiting the 

use of funds to release certain criminal alien detainees from federal 

custody. 

Section 542. The Committee includes a provision prohibiting the 

implementation of USCIS Policy Memo 602–0162 and the memorandum from the Principal Legal Advisor on Litigating Domestic 

Violence-Based Persecution Claims Following Matter of A–B. 

Section 543. The Committee includes a provision prohibiting the 

use of funds to use restraints on pregnant detainees in DHS custody except in certain circumstances. 

Section 544. The Committee includes a provision prohibiting the 

use of funds for the destruction of records related to the sexual 

abuse or assault of detainees in custody. 

Section 545. The Committee includes a provision prohibiting the 

use of funds for the removal of noncitizens who are DACA recipients. 

Section 546. The Committee includes a provision specifying the 

amount by which new budget authority in the bill is less than the 

fiscal year 2019 budget allocation. 

75 

APPROPRIATIONS CAN BE USED ONLY FOR THE PURPOSES FOR WHICH

MADE

Title 31 of the United States Code makes clear that appropriations can be used only for the purposes for which they were appropriated as follows: 

Section 1301. Application. 

(a) Appropriations shall be applied only to the objects for which 

the appropriations were made except as otherwise provided by law. 

HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS 

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

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(b) of rule XIII of the House 

of Representatives, the results of each roll call vote on an amendment of on the motion to report, together with the names of those 

voting for and those voting against, are printed below: 

76 


Insert offset folio 71 here HR948.001

FULL COMMITTEE VOTES 

Pursuant to the provisions of clause 3(b) of rule XII! of the House of Representatives, the results of 

each roll call vote on an amendment or on the motion to report, together with the names of those voting for and 

those voting against, are printed below: 

ROLL CALL NO. 1 

Date: July 25, 2018 

Measure: Homeland Security Appropriations Bill, FY 2019 

Motion by: Ms. Roybal Allard 

Description of Motion: To provide $750,000,000 to the Coast Guard for the acquisition of a heavy polar 

icebreaker, offset by $750,000,000 from U.S. Customs and Border Protection for Border Security Assets and 

Infrastructure. 

Results: Defeated 21 yeas to 29 nays. 

Members Voting Yea 

Mr. Aguilar 

Mr. Bishop 

Mr. Cartwright 

Ms. Clark 

Mr. Cuellar 

Ms. DeLauro 

Ms. Kaptur 

Mr. Kilmer 

Ms. Lee 

Mrs. Lowey 

Ms. McCollum 

Ms. Meng 

Ms. Pingree 

Mr. Pocan 

Mr. Price 

Mr. Quigley 

Ms. Roybal-Allard 

Mr. Ryan 

Mr. Serrano 

Mr. Visclosky 

Ms. Wasserman Schultz 

Members Voting Nay 

Mr. Aderholt 

Mr. Calvert 

Mr. Carter 

Mr. Cole 

Mr. Culberson 

Mr. Diaz-Balart 

Mr. Fleischmann 

Mr. Fortenberry 

Mr. Frelinghuysen 

Ms. Granger 

Mr. Graves 

Dr. Harris 

Ms. Herrera Beutler 

Mr. Jenkins 

Mr. Joyce 

Mr. Moolenaar 

Mr. Newhouse 

Mr. Palazzo 

Mrs. Roby 

Mr. Rogers 

Mr. Rooney 

Mr. Rutherford 

Mr. Simpson 

Mr. Stewart 

Mr. Taylor 

Mr. Valadao 

Mr. Womack 

Mr. Yoder 

Mr. Young 
77 


Insert offset folio 72 here HR948.002

FULL COMMITTEE VOTES 

Pursuant to the provisions of clause 3(b) of rule XIII of the House of Representatives, the results of 

each roll call vote on an amendment or on the motion to report, together with the names of those voting for and 

those voting against, are printed below: 

ROLL CALL NO. 2 

Date: July 25, 2018 

Measure: Homeland Security Appropriations Bill, FY 2019 

Motion by: Mr. Aderholt 

Description of Motion: To prohibit the use of funds for U.S. Immigration and Customs Enforcement to pay for 

abortions, except in specified circumstances, and to prohibit the use of funds to require a person to perform or 

facilitate an abortion. 

Results: Adopted 30 yeas to 20 nays. 

Members Voting Yea 

Mr. Aderholt 

Mr. Calvert 

Mr. Carter 

Mr. Cole 

Mr. Cuellar 

Mr. Culberson 

Mr. Diaz-Balart 

Mr. Fleischmann 

Mr. Fortenberry 

Mr. Frelinghuysen 

Ms. Granger 

Mr. Graves 

Dr. Harris 

Ms. Herrera Beutler 

Mr. Jenkins 

Mr. Joyce 

Mr. Moolenaar 

Mr. Newhouse 

Mr. Palazzo 

Mrs. Roby 

Mr. Rogers 

Mr. Rooney 

Mr. Rutherford 

Mr. Simpson 

Mr. Stewart 

Mr. Taylor 

Mr. Valadao 

Mr. Womack 

Mr. Yoder 

Mr. Young 

Members Voting Nay 

Mr. Aguilar 

Mr. Bishop 

Mr. Cm1wright 

Ms. Clark 

Ms. DeLaura 

Ms. Kaptur 

Mr. Kilmer 

Ms. Lee 

Mrs. Lowey 

Ms. McCollum 

Ms. Meng 

Ms. Pingree 

Mr. Pocan 

Mr. Price 

Mr. Quigley 

Ms. Roybal-Allard 

Mr. Ryan 

Mr. Serrano 

Mr. Visc.losky 

Ms. Wasserman Schultz 
78 


Insert offset folio 73 here HR948.003

FULL COMMITTEE VOTES 

Pursuant to the provisions of clause 3(b) of rule XIII of the House of Representatives, the results of 

each roll call vote on an amendment or on the motion to report, together with the names of those voting for and 

those voting against, are printed below: 

ROLL CALL NO. 3 

Date: July 25, 2018 

Measure: Homeland Security Appropriations Bill, FY 2019 

Motion by: Mrs. Lowey 

Description of Motion: To prohibit the use of funds to arrest, detain, place into removal proceedings, remove, 

or deny work authorization for aliens from countries with a Temporary Protected Status designation on January 

l. 2017. 

Results: Defeated 2 l yeas to 25 nays. 

Members Voting Yea 

Mr. Aguilar 

Mr. Bishop 

Mr. Cartwright 

Ms. Clark 

Mr. Cuellar 

Ms. DeLauro 

Mr. Diaz-Balart 

Ms. Kaptur 

Mr. Kilmer 

Ms. Lee 

Mrs. Lowey 

Ms. McCollum 

Ms. Meng 

Ms. Pingree 

Mr. Pocan 

Mr. Price 

Ms. Roybal-Allard 

Mr. Ryan 

Mr. Serrano 

Mr. Visclosky 

Ms. Wasserman Schultz 

Members Voting Nay 

Mr. Calvert 

Mr. Carter 

Mr. Cole 

Mr. Culberson 

Mr. Fleischmann 

Mr. Fortenberry 

Mr. Frelinghuysen 

Ms. Granger 

Mr. Graves 

Dr. Harris 

Ms. Herrera Beutler 

Mr. Jenkins 

Mr. Joyce 

Mr. Moolenaar 

Mr. Newhouse 

Mr. Palazzo 

Mrs. Roby 

Mr. Rogers 

Mr. Rutherford 

Mr. Simpson 

Mr. Taylor 

Mr. Valadao 

Mr. Womack 

Mr. Yoder 

Mr. Young 
79 


Insert offset folio 74 here HR948.004

FULL COMMITTEE VOTES 

Pursuant to the provisions of clause 3(b) of rule X Ill of the House of Representatives, the results of 

each roll call vote on an amendment or on the motion to report, together with the names of those voting for and 

those voting against, are printed below: 

ROLL CALL NO. 4 

Date: July 25, 2018 

Measure: Homeland Security Appropriations Bill, FY 2019 

Motion by: Mr. Serrano 

Description of Motion: To provide $75,000,000 to FEMA for additional staffing and training, offset by 

$75,000,000 from U.S. Immigration and Customs Enforcement. 

Results: Defeated 23 yeas to 29 nays. 

Members Voting Yea 

Mr. Aguilar 

Mr. Bishop 

Mr. Cartwright 

Ms. Clark 

Mr. Cuellar 

Mr. Culberson 

Ms. DeLauro 

Ms. Kaptur 

Mr. Kilmer 

Ms. Lee 

Mrs. Lowey 

Ms. McCollum 

Ms. Mcng 

Ms. Pingree 

Mr. Pocan 

Mr. Price 

Mr. Quigley 

Ms. Roybal-Allard 

Mr. Ruppersberger 

Mr. Ryan 

Mr. Serrano 

Mr. Yisclosky 

Ms. Wasserman Schultz 

Members Voting Nay 

Mr. Aderholt 

Mr. Amodei 

Mr. Calvert 

Mr. Carter 

Mr. Cole 

Mr. Diaz-Ba!art 

Mr. Fleischmann 

Mr. Fortenberry 

Mr. Frelinghuysen 

Ms. Granger 

Mr. Graves 

Dr. Harris 

Ms. Herrera Beutler 

Mr. Jenkins 

Mr. Joyce 

Mr. Moolenaar 

Mr. Newhouse 

Mr. Palazzo 

Mrs. Roby 

Mr. Rogers 

Mr. Rooney 

Mr. Rutherford 

Mr. Simpson 

Mr. Stewart 

Mr. Taylor 

Mr. Yaladao 

Mr. Womack 

Mr. Yoder 

Mr. Young 
80 


Insert offset folio 75 here HR948.005

FULL COMMITTEE VOTES 

Pursuant to the provisions of clause 3(b) of rule XIII of the House of Representatives, the results of 

each roll call vote on an amendment or on the motion to report, together with the names of those voting for and 

those voting against, are printed below: 

ROLL CALL NO. 5 

Date: July 25, 2018 

Measure: Homeland Security Appropriations 8 ill, FY 20 19 

Motion by: Ms. Lee 

Description of Motion: To prohibit the use of funds for the conduct of U.S. Immigration and Customs 

Enforcement and U.S. Customs and Border Protection enforcement operations at, or within 1,000 feet of, 

schools, bus stops, day-care facilities, and other specified locations. 

Results: Defeated 22 yeas to 30 nays. 

Members Voting Yea 

Mr. Aguilar 

Mr. Bishop 

Mr. Cartwright 

Ms. Clark 

Ms. DeLaura 

Mr. Diaz-Balart 

Ms. Kaptur 

Mr. Kilmer 

Ms. Lee 

Mrs. Lowey 

Ms. McCollum 

Ms. Meng 

Ms. Pingree 

Mr. Poean 

Mr. Price 

Mr. Quigley 

Ms. Roybal-Allard 

Mr. Ruppersberger 

Mr. Ryan 

Mr. Serrano 

Mr. Visclosky 

Ms. Wasserman Schultz 

Members Voting Nay 

Mr. Aderholt 

Mr. Amodci 

Mr. Calvert 

Mr. Carter 

Mr. Cole 

Mr. Cuellar 

Mr. Culberson 

Mr. Fleischmann 

Mr. Fortenberry 

Mr. Frelinghuysen 

Ms. Granger 

Mr. Graves 

Dr. Harris 

Ms. Herrera Beutler 

Mr. Jenkins 

Mr. Joyce 

Mr. Moolenaar 

Mr. Newhouse 

Mr. Palazzo 

Mrs. Roby 

Mr. Rogers 

Mr. Rooney 

Mr. Rutherford 

Mr. Simpson 

Mr. Stewart 

Mr. Taylor 

Mr. Valadao 

Mr. Womack 

Mr. Yoder 

Mr. Young 
81 


Insert offset folio 76 here HR948.006

FULL COMMITTEE VOTES 

Pursuant to the provisions of clause 3(b) of rule X !II of the House of Representatives, the results of 

each roll call vote on an amendment or on the motion to report, together with the names of those voting for and 

those voting against, are printed below: 

ROLL CALL NO. 6 

Date: July 25, 2018 

Measure: Homeland Security Appropriations Bill, FY 2019 

Motion by: Mr. Price 

Description of Motion: To prohibit the use of funds to implement the memorandum from the Secretary of 

Homeland Security entitled, "Enforcement of the Immigration Laws to Serve the National Interest." 

Results: Defeated 22 yeas to 30 nays . 

. Members Voting Yea 

Mr. Aguilar 

Mr. Bishop 

Mr. Cartwright 

Ms. Clark 

Mr. Cuellar 

Ms. DeLaura 

Ms. Kaptur 

Mr. Kilmer 

Ms. Lee 

Mrs. Lowey 

Ms. McCollum 

Ms. Meng 

Ms. Pingree 

Mr. Pecan 

Mr. Price 

Mr. Quigley 

Ms. Roybal-Allard 

Mr. Ruppersberger 

Mr. Ryan 

Mr. Serrano 

Mr. Visclosky 

Ms. Wasserman Schultz 

Members Voting Nay 

Mr. Aderholt 

Mr. Amodei 

Mr. Calvert 

Mr. Carter 

Mr. Cole 

Mr. Culberson 

Mr. Diaz-Balart 

Mr. Fleischmann 

Mr. Fortenberry 

Mr. Frelinghuysen 

Ms. Granger 

Mr. Graves 

Dr. Harris 

Ms. Herrera Beutler 

Mr. Jenkins 

Mr. Joyce 

Mr. Moolenaar 

Mr. Newhouse 

Mr. Palazzo 

Mrs. Roby 

Mr. Rogers 

Mr. Rooney 

Mr. Rutherford 

Mr. Simpson 

Mr. Stewart 

Mr. Taylor 

Mr. Valadao 

Mr. Womack 

Mr. Yoder 

Mr. Young 
82 


Insert offset folio 77 here HR948.007

FULL COMMITTEE VOTES 

Pursuant to the provisions of clause 3(b) of rule X !!I of the House of Representatives, the results of 

each roll call vote on an amendment or on the motion to report, together with the names of those voting for and 

those voting against, are printed below: 

ROLL CALL NO. 7 

Date: July 25, 2018 

Measure: Homeland Security Appropriations Bill, FY 2019 

Motion by: Ms. Lee 

Description of Motion: To prohibit the use of funds for U.S. Immigration and Customs Enforcement and U.S. 

Customs and Border Protection to detain pregnant women, except in extraordinary circumstances. 

Results: Defeated 22 yeas to 29 nays. 

Members Voting Yea 

Mr. Aguilar 

Mr. Bishop 

Mr. Cartwright 

Ms. Clark 

Mr. Cuellar 

Ms. DeLaura 

Ms. Kaptur 

Mr. Kilmer 

Ms. Lee 

Mrs. Lowey 

Ms. McCollum 

Ms. Meng 

Ms. Pingree 

Mr. Pocan 

Mr. Price 

Mr. Quigley 

Ms. Roybal-Allard 

Mr. Ruppcrsberger 

Mr. Ryan 

Mr. Serrano 

Mr. Visclosky 

Ms. Wasserman Schultz 

Members Voting Nay 

Mr. Aderholt 

Mr. Amodei 

Mr. Calvert 

Mr. Carter 

Mr. Cole 

Mr. Culberson 

Mr. Diaz-Balart 

Mr. Fleischmann 

Mr. Fortenberry 

Mr. Frelinghuysen 

Ms. Granger 

Mr. Graves 

Dr. Harris 

Ms. Herrera Beutler 

Mr. Jenkins 

Mr. Joyce 

Mr. Moolenaar 

Mr. Palazzo 

Mrs. Roby 

Mr. Rogers 

Mr. Rooney 

Mr. Rutherford 

Mr. Simpson 

Mr. Stewart 

Mr. Taylor 

Mr. Valadao 

Mr. Womack 

Mr. Yoder 

Mr. Young 
83 


Insert offset folio 78 here HR948.008

FULL COMMITTEE VOTES 

Pursuant to the provisions of clause 3(b) of rule Xlll of the House of Representatives, the results of 

each roll call vote on an amendment or on the motion to report, together with the names of those voting for and 

those voting against, are printed below: 

ROLL CALL NO. 8 

Date: July 25, 2018 

Measure: Homeland Security Appropriations Bill, FY 2019 

Motion by: Mr. Ryan 

Description of Motion: To provide $12,500,000 to the Federal Emergency Management Agency for Assistance 

to Fire tighter Grants (AFG) and $12,500,000 for Staffing for Adequate Fire and Emergency Response Grants 

(SAFER), offset by $25,000,000 from U.S. Customs and Border Protection for Border Security Assets and 

Infrastructure. 

Results: Defeated 21 yeas to 29 nays. 

Members Voting Yea 

Mr. Aguilar 

Mr. Bishop 

Mr. Cartwright 

Ms. Clark 

Mr. Cuellar 

Ms. DeLaura 

Ms. Kaptur 

Mr. Kilmer 

Ms. Lee 

Mrs. Lowey 

Ms. McCollum 

Ms. Meng 

Ms. Pingree 

Mr. Pocan 

Mr. Price 

Mr. Quigley 

Ms. Roybal-Allard 

Mr. Ruppersberger 

Mr. Ryan 

Mr. Visclosky 

Ms. Wasserman Schultz 

Members Voting Nay 

Mr. Aderholt 

Mr. Amodei 

Mr. Calvert 

Mr. Carter 

Mr. Cole 

Mr. Culberson 

Mr. Diaz-Balart 

Mr. Fleischmann 

Mr. Fortenberry 

Mr. Frelinghuysen 

Ms. Granger 

Mr. Graves 

Dr. Harris 

Ms. Herrera Beutler 

Mr. Jenkins 

Mr. Joyce 

Mr. Moolenaar 

Mr. Palazzo 

Mrs. Roby 

Mr. Rogers 

Mr. Rooney 

Mr. Rutherford 

Mr. Simpson 

Mr. Stewart 

Mr. Taylor 

Mr. Valadao 

Mr. Womack 

Mr. Yoder 

Mr. Young 
84 


Insert offset folio 79 here HR948.009

FULL COMMITTEE VOTES 

Pursuant to the provisions of clause 3(b) of rule XIII of the House of Representatives, the results of 

each roll call vote on an amendment or on the motion to report, together with the names of those voting for and 

those voting against, are printed below: 

ROLL CALL NO. 9 

Date: July 25, 2018 

Measure: Homeland Security Appropriations Bill, FY 2019 

Motion by: Ms. Wasserman Schultz 

Description of Motion: To prohibit the use of funds for U.S. Immigration and Customs Enforcement to detain 

a child beyond 20 days. 

Results: Defeated 21 yea' to 28 nays. 

,>,£embers Voting Yea 

Mr. Aguilar 

Mr. Bishop 

Mr. Cartwright 

Ms. Clark 

Ms. DeLauro 

Ms. Kaptur 

Mr. Kilmer 

Ms. Lee 

Mrs. Lowey 

Ms. McCollum 

Ms. Meng 

Ms. Pingree 

Mr. Pocan 

Mr. Price 

Mr. Quigley 

Ms. Roybai-A liard 

Mr. Ruppersberger 

Mr. Ryan 

Mr. Serrano 

Mr. Viselosky 

Ms. Wasserman Schultz 

Members Voting Nay 

Mr. Aderholt 

Mr.Amodei 

Mr. Calvert 

Mr. Carter 

Mr. Cole 

Mr. Cuellar 

Mr. Diaz-Balart 

Mr. Fleischmann 

Mr. Fortenberry 

Mr. Frelinghuysen 

Ms. Granger 

Mr. Graves 

Dr. Harris 

Ms. Herrera Beutler 

Mr. Jenkins 

Mr. Joyce 

Mr. Moolenaar 

Mr. Palazzo 

Mrs. Roby 

Mr. Rogers 

Mr. Rutherford 

Mr. Simpson 

Mr. Stewart 

Mr. Taylor 

Mr. Valadao 

Mr. Womack 

Mr. Yoder 

Mr. Young 
85 


Insert offset folio 80 here HR948.010

FULL COMMITTEE VOTES 

Pursuant to the provisions of clause 3(b) of rule XIII of the House of Representatives, the results of 

each roll call vote on an amendment or on the motion to report, together with the names of those voting for and 

those voting against, are printed below: 

ROLL CALL NO. 10 

Date: July 25,2018 

Measure: Homeland Security Appropriations Bill, FY 2019 

Motion by: Ms. Wassennan Schultz 

Description of Motion: To allow the use of funds for providing legal counsel to alien children who were 

separated from a family member by U.S. Immigration and Customs Enforcement and have not yet been 

reunited with them. 

Results: Defeated 22 yeas to 28 nays. 

Members Voting Yea 

Mr. Aguilar 

Mr. Bishop 

Mr. Cartwright 

Ms. Clark 

Mr. Cuellar 

Ms. DeLaura 

Ms. Kaptur 

Mr. Kilmer 

Ms. Lee 

Mrs. Lowey 

Ms. McCollum 

Ms. Meng 

Ms. Pingree 

Mr. Paean 

Mr. Price 

Mr. Quigley 

Ms. Roybal-Allard 

Mr. Ruppersberger 

Mr. Ryan 

Mr. Serrano 

Mr. Visclosky 

Ms. Wasserman Schultz 

Members Voting Nay 

Mr. Aderholt 

Mr. Calvert 

Mr. Carter 

Mr. Cole 

Mr. Culberson 

Mr. Diaz-Balart 

Mr. Fleischmann 

Mr. Fortenberry 

Mr. Frelinghuysen 

Ms. Granger 

Mr. Graves 

Dr. Harris 

Ms. Herrera Beutler 

Mr. Jenkins 

Mr. Joyce 

Mr. Moolenaar 

Mr. Palazzo 

Mrs. Roby 

Mr. Rogers 

Mr. Rooney 

Mr. Rutherford 

Mr. Simpson 

Mr. Stewart 

Mr. Taylor 

Mr. Yaladao 

Mr. Womack 

Mr. Yoder 

Mr. Young 
86 


Insert offset folio 81 here HR948.011

FULL COMMITTEE VOTES 

Pursuant to the provisions of clause 3(b) of rule XIII of the House of Representatives, the results of 

each roll call vote on an amendment or on the motion to report, together with the names of those voting for and 

those voting against, are printed below: 

ROLL CALL NO. ll 

Date: July 25, 2018 

Measure: Homeland Security Appropriations Bill, FY 2019 

Motion by: Ms. Wasserman Schultz 

Description of Motion: To provide $45,000,000 to the Transportation Security Administration to reimburse 

airports for law enforcement support and $58,000,000 for visible intermodal prevention and response teams, 

offset by $103,000,000 from U.S. Customs and Border Protection for Border Security Assets and 

Infrastructure. 

Results: Defeated 22 yeas to 29 nays. 

Members Voting Yea 

Mr. Aguilar 

Mr. Bishop 

Mr. Cartwright 

Ms. Clark 

Mr. Cuellar 

Ms. DeLaura 

Ms. Kaptur 

Mr. Kilmer 

Ms. Lee 

Mrs. Lowey 

Ms. McCollum 

Ms. Meng 

Ms. Pingree 

Mr. Paean 

Mr. Price 

Mr. Quigley 

Ms. Roybal-Allard 

Mr. Ruppersberger 

Mr. Ryan 

Mr. Serrano 

Mr. Visclosky 

Ms. Wasserman Schultz 

Members Voting Nay 

Mr. Aderholt 

Mr.Amodei 

Mr. Calvert 

Mr. Carter 

Mr. Cole 

Mr. Culberson 

Mr. Diaz-Balart 

Mr. Fleischmann 

Mr. Fortenberry 

Mr. Frelinghuysen 

Ms. Granger 

Mr. Graves 

Dr. Harris 

Ms. Herrera Beutler 

Mr. Jenkins 

Mr. Joyce 

Mr. Moolenaar 

Mr. Palazzo 

Mrs. Roby 

Mr. Rogers 

Mr. Rooney 

Mr. Rutherford 

Mr. Simpson 

Mr. Stewart 

Mr. Taylor 

Mr. Valadao 

Mr. Womack 

Mr. Yoder 

Mr. Young 
87 


Insert offset folio 82 here HR948.012

FULL COMMITTEE VOTES 

Pursuant to the provisions of clause 3(b) of rule Xlll of the House of Representatives, the results of 

each roll call vote on an amendment or on the motion to report, together with the names of those voting for and 

those voting against, are printed below: 

ROLL CALL NO. 12 

Date: July 25, 2018 

Measure: Homeland Security Appropriations Bill, FY 2019 

Motion by: Mr. Rogers 

Description of Motion: To report the bill to the House, as amended. 

Results: Adopted 29 yeas to 22 nays. 

Members Voting Yea 

Mr. Aderholt 

Mr. Amodei 

Mr. Calvert 

Mr. Carter 

Mr. Cole 

Mr. Culberson 

Mr. Diaz-Balart 

Mr. Fleischmann 

Mr. Fortenberry 

Mr. Frelinghuysen 

Ms. Granger 

Mr. Graves 

Dr. Harris 

Ms. Herrera Beutler 

Mr. Jenkins 

Mr. Joyce 

Mr. Moolenaar 

Mr. Palazzo 

Mrs. Roby 

Mr. Rogers 

Mr. Rooney 

Mr. Rutherford 

Mr. Simpson 

Mr. Stewart 

Mr. Taylor 

Mr. Valadao 

Mr. Womack 

Mr. Yoder 

Mr. Young 

Members Voting Nay 

Mr. Aguilar 

Mr. Bishop 

Mr. Cartwright 

Ms. Clark 

Mr. Cuellar 

Ms. DeLaura 

Ms. Kaptur 

Mr. Kilmer 

Ms. Lee 

Mrs. Lowey 

Ms. McCollum 

Ms. Meng 

Ms. Pingree 

Mr. Paean 

Mr. Price 

Mr. Quigley 

Ms. Roybal-Allard 

Mr. Ruppersberger 

Mr. Ryan 

Mr. Serrano 

Mr. Visclosky 

Ms. Wasserman Schultz 
88 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII off the Rules of the House 

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: 

The Committee on Appropriations considers program performance, including a program’s success in developing and attaining 

outcome-related goals and objectives, in developing funding recommendations. 

RESCISSION OF FUNDS

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

TRANSFER OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following is submitted describing the transfer of funds recommended in the accompanying bill: 

In title III, under ‘‘Federal Emergency Management Agency— 

Disaster Relief Fund’’, language is included allowing for the transfer of up to $3,000,000 to the Disaster Assistance Direct Loan Program. 

DISCLOSURE OF EARMARKS AND CONGRESSIONAL DIRECTED SPENDING

ITEMS

Neither the bill nor the report contains any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9 of rule XXI. 

COMPLIANCE WITH RULE XIII, CL. 3(e) (RAMSEYER RULE) 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

SECTION 538 OF DIVISION D OF THE CONSOLIDATED 

APPROPRIATIONS ACT, 2012 

SEC. 538. (a) Notwithstanding any other provision of law during 

fiscal year 2012 or any subsequent fiscal year, if the Secretary of 

Homeland Security determines that the National Bio- and Agro-defense Facility should be located at a site other than Plum Island, 

New York, the Secretary shall ensure that the Administrator of 

General Services sells øthrough 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 ørequirements.¿ requirements: Provided, That the sale of Plum Island 

property and assets complies with the requirements for asset disposition described in chapter 5 of subtitle I of title 40, United States 

Code. 

(b) The proceeds of such sale described in subsection (a) shall be 

deposited as offsetting collections into the Department of Homeland 

89 

Security Science and Technology ‘‘Research, Development, Acquisition, and Operations’’ account and, subject to appropriation, shall 

be available until expended, for site acquisition, construction, and 

costs related to the construction of the National Bio- and Agro-defense Facility, including the costs associated with the sale, including due diligence requirements, necessary environmental remediation at Plum Island, and reimbursement of expenses incurred by 

the General Services Administration. 

ROBERT T. STAFFORD DISASTER RELIEF AND 

EMERGENCY ASSISTANCE ACT 

* * * * * * * 

TITLE IV—MAJOR DISASTER 

ASSISTANCE PROGRAMS 

* * * * * * * 

SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. 

(a) IN GENERAL.— (1) PROVISION OF ASSISTANCE.—In accordance with this section, the President, in consultation with the Governor of a 

State, may provide financial assistance, and, if necessary, direct services, to individuals and households in the State who, 

as a direct result of a major disaster, have necessary expenses 

and serious needs in cases in which the individuals and households are unable to meet such expenses or needs through other 

means. 

(2) RELATIONSHIP TO OTHER ASSISTANCE.—Under paragraph 

(1), an individual or household shall not be denied assistance 

under paragraph (1), (3), or (4) of subsection (c) solely on the 

basis that the individual or household has not applied for or 

received any loan or other financial assistance from the Small 

Business Administration or any other Federal agency. 

(b) HOUSING ASSISTANCE.— 

(1) ELIGIBILITY.—The President may provide financial or 

other assistance under this section to individuals and households to respond to the disaster-related housing needs of individuals and households who are displaced from their 

predisaster primary residences or whose predisaster primary 

residences are rendered uninhabitable, or with respect to individuals with disabilities, rendered inaccessible or uninhabitable, as a result of damage caused by a major disaster. 

(2) DETERMINATION OF APPROPRIATE TYPES OF ASSISTANCE.— 

(A) IN GENERAL.—The President shall determine appropriate types of housing assistance to be provided under 

this section to individuals and households described in 

subsection (a)(1) based on considerations of cost effectiveness, convenience to the individuals and households, and 

such other factors as the President may consider appropriate. 

(B) MULTIPLE TYPES OF ASSISTANCE.—One or more types 

of housing assistance may be made available under this 

90 

section, based on the suitability and availability of the 

types of assistance, to meet the needs of individuals and 

households in the particular disaster situation. 

(c) TYPES OF HOUSING ASSISTANCE.— (1) TEMPORARY HOUSING.— (A) FINANCIAL ASSISTANCE.— (i) IN GENERAL.—The President may provide financial assistance to individuals or households to rent alternate housing accommodations, existing rental units, 

manufactured housing, recreational vehicles, or other 

readily fabricated dwellings. Such assistance may include the payment of the cost of utilities, excluding 

telephone service. 

(ii) AMOUNT.—The amount of assistance under 

clause (i) shall be based on the fair market rent for 

the accommodation provided plus the cost of any 

transportation, utility hookups, security deposits, or 

unit installation not provided directly by the President. 

(B) DIRECT ASSISTANCE.— 

(i) IN GENERAL.—The President may provide temporary housing units, acquired by purchase or lease, 

directly to individuals or households who, because of a 

lack of available housing resources, would be unable to 

make use of the assistance provided under subparagraph (A). 

(ii) LEASE AND REPAIR OF RENTAL UNITS FOR TEM- PORARY HOUSING.— (I) IN GENERAL.—The President, to the extent 

the President determines it would be a cost-effective alternative to other temporary housing options, may— 

(aa) enter into lease agreements with owners of multifamily rental property located in 

areas covered by a major disaster declaration 

to house individuals and households eligible 

for assistance under this section; and 

(bb) make repairs or improvements to properties under such lease agreements, to the extent necessary to serve as safe and adequate 

temporary housing. 

(II) IMPROVEMENTS OR REPAIRS.—Under the 

terms of any lease agreement for property entered 

into under this subsection, the value of the improvements or repairs— 

(aa) shall be deducted from the value of the 

lease agreement; and 

(bb) may not exceed the value of the lease 

agreement. 

(iii) PERIOD OF ASSISTANCE.—The President may not 

provide direct assistance under clause (i) with respect 

to a major disaster after the end of the 18-month period beginning on the date of the declaration of the 

major disaster by the President, except that the President may extend that period if the President deterVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00090 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
91 

mines that due to extraordinary circumstances an extension would be in the public interest. 

(iv) COLLECTION OF RENTAL CHARGES.—After the end 

of the 18-month period referred to in clause (iii), the 

President may charge fair market rent for each temporary housing unit provided. 

(2) REPAIRS.— (A) IN GENERAL.—The President may provide financial 

assistance for— 

(i) the repair of owner-occupied private residences, 

utilities, and residential infrastructure (such as a private access route) damaged by a major disaster to a 

safe and sanitary living or functioning condition; and 

(ii) eligible hazard mitigation measures that reduce 

the likelihood of future damage to such residences, 

utilities, or infrastructure. 

(B) RELATIONSHIP TO OTHER ASSISTANCE.—A recipient of 

assistance provided under this paragraph shall not be required to show that the assistance can be met through 

other means, except insurance proceeds. 

(3) REPLACEMENT.— (A) IN GENERAL.—The President may provide financial 

assistance for the replacement of owner-occupied private 

residences damaged by a major disaster. 

(B) APPLICABILITY OF FLOOD INSURANCE REQUIREMENT.— With respect to assistance provided under this paragraph, 

the President may not waive any provision of Federal law 

requiring the purchase of flood insurance as a condition of 

the receipt of Federal disaster assistance. 

(4) PERMANENT HOUSING CONSTRUCTION.—The President 

may provide financial assistance or direct assistance to individuals or households to construct permanent or semi-permanent 

housing in insular areas outside the continental United States 

and in other locations in cases in which— 

(A) no alternative housing resources are available; and 

(B) the types of temporary housing assistance described 

in paragraph (1) are unavailable, infeasible, or not cost-effective. 

(d) TERMS AND CONDITIONS RELATING TO HOUSING ASSISTANCE.— (1) SITES.— 

(A) IN GENERAL.—Any readily fabricated dwelling provided under this section shall, whenever practicable, be located on a site that— 

(i) is complete with utilities; 

(ii) meets the physical accessibility requirements for 

individuals with disabilities; and 

(iii) is provided by the State or local government, by 

the owner of the site, or by the occupant who was displaced by the major disaster. 

(B) SITES PROVIDED BY THE PRESIDENT.—A readily fabricated dwelling may be located on a site provided by the 

President if the President determines that such a site 

would be more economical or accessible. 

(2) DISPOSAL OF UNITS.— 

(A) SALE TO OCCUPANTS.— 

92 

(i) IN GENERAL.—Notwithstanding any other provision of law, a temporary housing unit purchased under 

this section by the President for the purpose of housing disaster victims may be sold directly to the individual or household who is occupying the unit if the 

individual or household lacks permanent housing. 

(ii) SALE PRICE.—A sale of a temporary housing unit 

under clause (i) shall be at a price that is fair and equitable. 

(iii) DEPOSIT OF PROCEEDS.—Notwithstanding any 

other provision of law, the proceeds of a sale under 

clause (i) shall be deposited in the appropriate Disaster Relief Fund account. 

(iv) HAZARD AND FLOOD INSURANCE.—A sale of a 

temporary housing unit under clause (i) shall be made 

on the condition that the individual or household purchasing the housing unit agrees to obtain and maintain hazard and flood insurance on the housing unit. 

(v) USE OF GSA SERVICES.—The President may use 

the services of the General Services Administration to 

accomplish a sale under clause (i). 

(B) OTHER METHODS OF DISPOSAL.—If not disposed of 

under subparagraph (A), a temporary housing unit purchased under this section by the President for the purpose 

of housing disaster victims— 

(i) may be sold to any person; or 

(ii) may be sold, transferred, donated, or otherwise 

made available directly to a State or other governmental entity or to a voluntary organization for the 

sole purpose of providing temporary housing to disaster victims in major disasters and emergencies if, as 

a condition of the sale, transfer, or donation, the State, 

other governmental agency, or voluntary organization 

agrees— 

(I) to comply with the nondiscrimination provisions of section 308; and 

(II) to obtain and maintain hazard and flood insurance on the housing unit. 

(e) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.— (1) MEDICAL, DENTAL, CHILD CARE, AND FUNERAL EXPENSES.— 

The President, in consultation with the Governor of a State, 

may provide financial assistance under this section to an individual or household in the State who is adversely affected by 

a major disaster to meet disaster-related medical, dental, child 

care, and funeral expenses. 

(2) PERSONAL PROPERTY, TRANSPORTATION, AND OTHER EXPENSES.—The President, in consultation with the Governor of 

a State, may provide financial assistance under this section to 

an individual or household described in paragraph (1) to address personal property, transportation, and other necessary 

expenses or serious needs resulting from the major disaster. 

(f) STATE ROLE.— (1) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.— 

(A) GRANT TO STATE.—Subject to subsection (g), a Governor may request a grant from the President to provide 

93 

financial assistance to individuals and households in the 

State under subsection (e). 

(B) ADMINISTRATIVE COSTS.—A State that receives a 

grant under subparagraph (A) may expend not more than 

5 percent of the amount of the grant for the administrative 

costs of providing financial assistance to individuals and 

households in the State under subsection (e). 

(2) ACCESS TO RECORDS.—In providing assistance to individuals and households under this section, the President shall 

provide for the substantial and ongoing involvement of the 

States in which the individuals and households are located, including by providing to the States access to the electronic 

records of individuals and households receiving assistance 

under this section in order for the States to make available any 

additional State and local assistance to the individuals and 

households. 

(g) COST SHARING.— 

(1) FEDERAL SHARE.—Except as provided in paragraph (2), 

the Federal share of the costs eligible to be paid using assistance provided under this section shall be 100 percent. 

(2) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.—In the 

case of financial assistance provided under subsection (e)— 

(A) the Federal share shall be 75 percent; and 

(B) the non-Federal share shall be paid from funds made 

available by the State. 

(h) MAXIMUM AMOUNT OF ASSISTANCE.— (1) IN GENERAL.—No individual or household shall receive financial assistance greater than $25,000 under this section with 

respect to a single major disaster. 

(2) ADJUSTMENT OF LIMIT.—The limit established under 

paragraph (1) shall be adjusted annually to reflect changes in 

the Consumer Price Index for All Urban Consumers published 

by the Department of Labor. 

(i) VERIFICATION MEASURES.—In carrying out this section, the 

President shall develop a system, including an electronic database, 

that shall allow the President, or the designee of the President, 

to— 

(1) verify the identity and address of recipients of assistance 

under this section to provide reasonable assurance that payments are made only to an individual or household that is eligible for such assistance; 

(2) minimize the risk of making duplicative payments or payments for fraudulent claims under this section; 

(3) collect any duplicate payment on a claim under this section, or reduce the amount of subsequent payments to offset 

the amount of any such duplicate payment; 

(4) provide instructions to recipients of assistance under this 

section regarding the proper use of any such assistance, regardless of how such assistance is distributed; and 

(5) conduct an expedited and simplified review and appeal 

process for an individual or household whose application for assistance under this section is denied. 

(j) RULES AND REGULATIONS.—The President shall prescribe rules 

and regulations to carry out this section, including criteria, standards, and procedures for determining eligibility for assistance. 

94 

(k) PROHIBITION.— (1) IN GENERAL.—Notwithstanding any other provision of this 

section, the President shall not consider the income of an individual or household in determining whether to provide, or continue to provide, to that individual or household rental assistance under this section. 

(2) APPLICABILITY.—Paragraph (1) shall apply with respect to 

major disasters declared on or after January 1, 2017. 

* * * * * * * 

TITLE VII—MISCELLANEOUS 

* * * * * * * 

SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES. 

(a) STATUTE OF LIMITATIONS.— (1) IN GENERAL.—øExcept¿ Notwithstanding section 3716(e) 

of title 31, United States Code, and except as provided in paragraph (2), no administrative action to recover any payment 

made to a State or local government for disaster or emergency 

assistance under this Act shall be initiated in any forum after 

the date that is 3 years after the date of transmission of the 

final expenditure øreport for the disaster or emergency¿ report 

for project completion as certified by the grantee. (2) FRAUD EXCEPTION.—The limitation under paragraph (1) 

shall apply unless there is evidence of civil or criminal fraud. 

(b) REBUTTAL OF PRESUMPTION OF RECORD MAINTENANCE.— (1) IN GENERAL.—In any dispute arising under this section 

after the date that is 3 years after the date of transmission of 

the final expenditure øreport for the disaster or emergency¿ report for project completion as certified by the grantee, there 

shall be a presumption that accounting records were maintained that adequately identify the source and application of 

funds provided for financially assisted activities. 

(2) AFFIRMATIVE EVIDENCE.—The presumption described in 

paragraph (1) may be rebutted only on production of affirmative evidence that the State or local government did not maintain documentation described in that paragraph. 

(3) INABILITY TO PRODUCE DOCUMENTATION.—The inability of 

the Federal, State, or local government to produce source documentation supporting expenditure reports later than 3 years 

after the date of transmission of the final expenditure report 

for project completion as certified by the grantee shall not constitute evidence to rebut the presumption described in paragraph (1). 

(4) RIGHT OF ACCESS.—The period during which the Federal, 

State, or local government has the right to access source documentation shall not be limited to the required 3-year retention 

period referred to in paragraph (3), but shall last as long as 

the records are maintained. 

(c) BINDING NATURE OF GRANT REQUIREMENTS.—A State or local 

government shall not be liable for reimbursement or any other penalty for any payment made under this Act if— 

(1) the payment was authorized by an approved agreement 

specifying the costs; 

(2) the costs were reasonable; and 

95 

(3) the purpose of the grant was accomplished. 

* * * * * * * 

IMMIGRATION AND NATIONALITY ACT 

* * * * * * * 

TITLE II—IMMIGRATION 

CHAPTER 1—SELECTION SYSTEM

* * * * * * * 

NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE

SEC. 202. (a) PER COUNTRY LEVEL.— (1) NONDISCRIMINATION.—(A) Except as specifically provided 

in paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i), and 

203, no person shall receive any preference or priority or be 

discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or 

place of residence. 

(B) Nothing in this paragraph shall be construed to limit the 

authority of the Secretary of State to determine the procedures 

for the processing of immigrant visa applications or the locations where such applications will be processed. 

(2) PER COUNTRY LEVELS FOR FAMILY-SPONSORED øAND EM- PLOYMENT-BASED¿ IMMIGRANTS.—Subject to paragraphs ø(3), 

(4), and (5),¿ (3) and (4), the total number of immigrant visas 

made available to natives of any single foreign state or dependent area under øsubsections (a) and (b) of section 203¿ section 

203(a) in any fiscal year may not exceed ø7¿ 15 percent (in the 

case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available 

under øsuch subsections¿ such section in that fiscal year. 

(3) EXCEPTION IF ADDITIONAL VISAS AVAILABLE.—If because of 

the application of paragraph (2) with respect to one or more 

foreign states or dependent areas, the total number of visas 

available under øboth subsections (a) and (b) of section 203¿ 

section 203(a) for a calendar quarter exceeds the number of 

qualified immigrants who otherwise may be issued such a visa, 

paragraph (2) shall not apply to visas made available to such 

states or areas during the remainder of such calendar quarter. 

(4) SPECIAL RULES FOR SPOUSES AND CHILDREN OF LAWFUL

PERMANENT RESIDENT ALIENS.— 

(A) 75 PERCENT OF 2ND PREFERENCE SET-ASIDE FOR

SPOUSES AND CHILDREN NOT SUBJECT TO PER COUNTRY LIMITATION.— 

(i) IN GENERAL.—Of the visa numbers made available under section 203(a) to immigrants described in 

section 203(a)(2)(A) in any fiscal year, 75 percent of 

the 2–A floor (as defined in clause (ii)) shall be issued 

without regard to the numerical limitation under 

paragraph (2). 

96 

(ii) 2–A FLOOR DEFINED.—In this paragraph, the 

term ‘‘2–A floor’’ means, for a fiscal year, 77 percent 

of the total number of visas made available under section 203(a) to immigrants described in section 

203(a)(2) in the fiscal year. 

(B) TREATMENT OF REMAINING 25 PERCENT FOR COUN- TRIES SUBJECT TO SUBSECTION (e).— (i) IN GENERAL.—Of the visa numbers made available under section 203(a) to immigrants described in 

section 203(a)(2)(A) in any fiscal year, the remaining 

25 percent of the 2–A floor shall be available in the 

case of a state or area that is subject to subsection (e) 

only to the extent that the total number of visas 

issued in accordance with subparagraph (A) to natives 

of the foreign state or area is less than the subsection 

(e) ceiling (as defined in clause (ii)). 

(ii) SUBSECTION (e) CEILING DEFINED.—In clause (i), 

the term ‘‘subsection (e) ceiling’’ means, for a foreign 

state or dependent area, 77 percent of the maximum 

number of visas that may be made available under 

section 203(a) to immigrants who are natives of the 

state or area under section 203(a)(2) consistent with 

subsection (e). 

(C) TREATMENT OF UNMARRIED SONS AND DAUGHTERS IN

COUNTRIES SUBJECT TO SUBSECTION (e).—In the case of a 

foreign state or dependent area to which subsection (e) applies, the number of immigrant visas that may be made 

available to natives of the state or area under section 

203(a)(2)(B) may not exceed— 

(i) 23 percent of the maximum number of visas that 

may be made available under section 203(a) to immigrants of the state or area described in section 

203(a)(2) consistent with subsection (e), or 

(ii) the number (if any) by which the maximum 

number of visas that may be made available under 

section 203(a) to immigrants of the state or area described in section 203(a)(2) consistent with subsection 

(e) exceeds the number of visas issued under section 

203(a)(2)(A), 

whichever is greater. 

(D) LIMITING PASS DOWN FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e).—In the case of a foreign state or 

dependent area to which subsection (e) applies, if the total 

number of visas issued under section 203(a)(2) exceeds the 

maximum number of visas that may be made available to 

immigrants of the state or area under section 203(a)(2) 

consistent with subsection (e) (determined without regard 

to this paragraph), in applying paragraphs (3) and (4) of 

section 203(a) under subsection (e)(2) all visas shall be 

deemed to have been required for the classes specified in 

paragraphs (1) and (2) of such section. 

ø(5) RULES FOR EMPLOYMENT-BASED IMMIGRANTS.— ø(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO

PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE.—If the total number of visas available under paraVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00096 Fmt 6659 Sfmt 6601 E:\HR\OC\HR948.XXX HR948
97 

graph (1), (2), (3), (4), or (5) of section 203(b) for a calendar 

quarter exceeds the number of qualified immigrants who 

may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard 

to the numerical limitation under paragraph (2) of this 

subsection during the remainder of the calendar quarter. 

ø(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUB- JECT TO SUBSECTION (e).—In the case of a foreign state or 

dependent area to which subsection (e) applies, if the total 

number of visas issued under section 203(b) exceeds the 

maximum number of visas that may be made available to 

immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to 

this paragraph), in applying subsection (e) all visas shall 

be deemed to have been required for the classes of aliens 

specified in section 203(b).¿ 

(b) RULES FOR CHARGEABILITY.—Each independent country, selfgoverning dominion, mandated territory, and territory under the 

international trusteeship system of the United Nations, other than 

the United States and its outlying possessions, shall be treated as 

a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of 

State. All other inhabited lands shall be attributed to a foreign 

state specified by the Secretary of State. For the purposes of this 

Act the foreign state to which an immigrant is chargeable shall be 

determined by birth within such foreign state except that (1) an 

alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent 

if such parent has received or would be qualified for an immigrant 

visa, if necessary to prevent the separation of the child from the 

parent or parents, and if immigration charged to the foreign state 

to which such parent has been or would be chargeable has not 

reached a numerical level established under subsection (a)(2) for 

that fiscal year; (2) if an alien is chargeable to a different foreign 

state from that of his spouse, the foreign state to which such alien 

is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he 

is accompanying or following to join, if such spouse has received or 

would be qualified for an immigrant visa and if immigration 

charged to the foreign state to which such spouse has been or 

would be chargeable has not reached a numerical level established 

under subsection (a)(2) for that fiscal year; (3) an alien born in the 

United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or 

subject of any country, in the last foreign country in which he had 

his residence as determined by the consular officer; and (4) an alien 

born within any foreign state in which neither of his parents was 

born and in which neither of his parents had a residence at the 

time of such alien’s birth may be charged to the foreign state of either parent. 

(c) CHARGEABILITY FOR DEPENDENT AREAS.—Any immigrant born 

in a colony or other component or dependent area of a foreign state 

overseas from the foreign state, other than an alien described in 

section 201(b), shall be chargeable for the purpose of the limitation 

set forth in subsection (a), to the foreign state. 

98 

(d) CHANGES IN TERRITORY.—In the case of any change in the 

territorial limits of foreign states, the Secretary of State shall, upon 

recognition of such change, issue appropriate instructions to all 

diplomatic and consular offices. 

ø(e) SPECIAL RULES FOR COUNTRIES AT CEILING.—If it is determined that the total number of immigrant visas made available 

under subsections (a) and (b) of section 203 to natives of any single 

foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining 

the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) 

in a manner so that— 

ø(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 

203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201(d); 

ø(2) except as provided in subsection (a)(4), the proportion of 

the visa numbers made available under each of paragraphs (1) 

through (4) of section 203(a) is equal to the ratio of the total 

number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and 

ø(3) except as provided in subsection (a)(5), the proportion of 

the visa numbers made available under each of paragraphs (1) 

through (5) of section 203(b) is equal to the ratio of the total 

number of visas made available under the respective paragraph to the total number of visas made available under section 203(b). 

Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient 

demand for visas for such natives under section 203(b) or 203(a), 

respectively, or as limiting the number of visas that may be issued 

under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).¿ 

(e) SPECIAL RULES FOR COUNTRIES AT CEILING.—If it is determined that the total number of immigrant visas made available 

under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection 

(a)(2) in any fiscal year, in determining the allotment of immigrant 

visa numbers to natives under section 203(a), visa numbers with respect to natives of that state or area shall be allocated (to the extent 

practicable and otherwise consistent with this section and section 

203) in a manner so that, except as provided in subsection (a)(4), 

the proportion of the visa numbers made available under each of 

paragraphs (1) through (4) of section 203(a) is equal to the ratio of 

the total number of visas made available under the respective paragraph to the total number of visas made available under section 

203(a). 

* * * * * * * 

99 

CHAPTER 2—QUALIFICATIONS FOR ADMISSION OF ALIENS; TRAVEL

CONTROL OF CITIZENS AND ALIENS

* * * * * * * 

ADMISSION OF NONIMMIGRANTS

SEC. 214. (a)(1) The admission to the United States of any alien 

as a nonimmigrant shall be for such time and under such conditions as the Attorney General may by regulations prescribe, including when he deems necessary the giving of a bond with sufficient 

surety in such sum and containing such conditions as the Attorney 

General shall prescribe, to insure that at the expiration of such 

time or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 248, such alien will depart from the United States. No alien 

admitted to Guam or the Commonwealth of the Northern Mariana 

Islands without a visa pursuant to section 212(l) may be authorized 

to enter or stay in the United States other than in Guam or the 

Commonwealth of the Northern Mariana Islands or to remain in 

Guam or the Commonwealth of the Northern Mariana Islands for 

a period exceeding 45 days from date of admission to Guam or the 

Commonwealth of the Northern Mariana Islands. No alien admitted to the United States without a visa pursuant to section 217 

may be authorized to remain in the United States as a nonimmigrant visitor for a period exceeding 90 days from the date of 

admission. 

(2)(A) The period of authorized status as a nonimmigrant described in section 101(a)(15)(O) shall be for such period as the Attorney General may specify in order to provide for the event (or 

events) for which the nonimmigrant is admitted. 

(B) The period of authorized status as a nonimmigrant described 

in section 101(a)(15)(P) shall be for such period as the Attorney 

General may specify in order to provide for the competition, event, 

or performance for which the nonimmigrant is admitted. In the 

case of nonimmigrants admitted as individual athletes under section 101(a)(15)(P), the period of authorized status may be for an 

initial period (not to exceed 5 years) during which the nonimmigrant will perform as an athlete and such period may be extended by the Attorney General for an additional period of up to 

5 years. 

(b) Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to 

a nonimmigrant status under section 101(a)(15). An alien who is an 

officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and 

immunities under the International Organizations Immunities Act, 

or an alien who is the attendant, servant, employee, or member of 

the immediate family of any such alien shall not be entitled to 

apply for or receive an immigrant visa, or to enter the United 

100 

States as an immigrant unless he executes a written waiver in the 

same form and substance as is prescribed by section 247(b). 

(c)(1) The question of importing any alien as a nonimmigrant 

under subparagraph (H), (L), (O), or (P)(i) of section 101(a)(15) (excluding nonimmigrants under section 101(a)(15)(H)(i)(b1)) in any 

specific case or specific cases shall be determined by the Attorney 

General, after consultation with appropriate agencies of the Government, upon petition of the importing employer. Such petition 

shall be made and approved before the visa is granted. The petition 

shall be in such form and contain such information as the Attorney 

General shall prescribe. The approval of such a petition shall not, 

of itself, be construed as establishing that the alien is a nonimmigrant. For purposes of this subsection with respect to nonimmigrants described in section 101(a)(15)(H)(ii)(a), the term ‘‘appropriate agencies of Government’’ means the Department of Labor 

and includes the Department of Agriculture. The provisions of section 218 shall apply to the question of importing any alien as a 

nonimmigrant under section 101(a)(15)(H)(ii)(a). 

(2)(A) The Attorney General shall provide for a procedure under 

which an importing employer which meets requirements established by the Attorney General may file a blanket petition to import aliens as nonimmigrants described in section 101(a)(15)(L) instead of filing individual petitions under paragraph (1) to import 

such aliens. Such procedure shall permit the expedited processing 

of visas for admission of aliens covered under such a petition. 

(B) For purposes of section 101(a)(15)(L), an alien is considered 

to be serving in a capacity involving specialized knowledge with respect to a company if the alien has a special knowledge of the company product and its application in international markets or has an 

advanced level of knowledge of processes and procedures of the 

company. 

(C) The Attorney General shall provide a process for reviewing 

and acting upon petitions under this subsection with respect to 

nonimmigrants described in section 101(a)(15)(L) within 30 days 

after the date a completed petition has been filed. 

(D) The period of authorized admission for— 

(i) a nonimmigrant admitted to render services in a managerial or executive capacity under section 101(a)(15)(L) shall not 

exceed 7 years, or 

(ii) a nonimmigrant admitted to render services in a capacity 

that involves specialized knowledge under section 101(a)(15)(L) 

shall not exceed 5 years. 

(E) In the case of an alien spouse admitted under section 

101(a)(15)(L), who is accompanying or following to join a principal 

alien admitted under such section, the Attorney General shall authorize the alien spouse to engage in employment in the United 

States and provide the spouse with an ‘‘employment authorized’’ 

endorsement or other appropriate work permit. 

(F) An alien who will serve in a capacity involving specialized 

knowledge with respect to an employer for purposes of section 

101(a)(15)(L) and will be stationed primarily at the worksite of an 

employer other than the petitioning employer or its affiliate, subsidiary, or parent shall not be eligible for classification under section 101(a)(15)(L) if— 

101 

(i) the alien will be controlled and supervised principally by 

such unaffiliated employer; or 

(ii) the placement of the alien at the worksite of the unaffiliated employer is essentially an arrangement to provide labor 

for hire for the unaffiliated employer, rather than a placement 

in connection with the provision of a product or service for 

which specialized knowledge specific to the petitioning employer is necessary. 

(3) The Attorney General shall approve a petition— 

(A) with respect to a nonimmigrant described in section 

101(a)(15)(O)(i) only after consultation in accordance with 

paragraph (6) or, with respect to aliens seeking entry for a motion picture or television production, after consultation with 

the appropriate union representing the alien’s occupational 

peers and a management organization in the area of the alien’s 

ability, or 

(B) with respect to a nonimmigrant described in section 

101(a)(15)(O)(ii) after consultation in accordance with paragraph (6) or, in the case of such an alien seeking entry for a 

motion picture or television production, after consultation with 

such a labor organization and a management organization in 

the area of the alien’s ability. 

In the case of an alien seeking entry for a motion picture or television production, (i) any opinion under the previous sentence shall 

only be advisory, (ii) any such opinion that recommends denial 

must be in writing, (iii) in making the decision the Attorney General shall consider the exigencies and scheduling of the production, 

and (iv) the Attorney General shall append to the decision any such 

opinion. The Attorney General shall provide by regulation for the 

waiver of the consultation requirement under subparagraph (A) in 

the case of aliens who have been admitted as nonimmigrants under 

section 101(a)(15)(O)(i) because of extraordinary ability in the arts 

and who seek readmission to perform similar services within 2 

years after the date of a consultation under such subparagraph. 

Not later than 5 days after the date such a waiver is provided, the 

Attorney General shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor 

organization. 

(4)(A) For purposes of section 101(a)(15)(P)(i)(a), an alien is described in this subparagraph if the alien— 

(i)(I) performs as an athlete, individually or as part of a 

group or team, at an internationally recognized level of performance; 

(II) is a professional athlete, as defined in section 204(i)(2); 

(III) performs as an athlete, or as a coach, as part of a team 

or franchise that is located in the United States and a member 

of a foreign league or association of 15 or more amateur sports 

teams, if— 

(aa) the foreign league or association is the highest level 

of amateur performance of that sport in the relevant foreign country; 

(bb) participation in such league or association renders 

players ineligible, whether on a temporary or permanent 

basis, to earn a scholarship in, or participate in, that sport 

102 

at a college or university in the United States under the 

rules of the National Collegiate Athletic Association; and 

(cc) a significant number of the individuals who play in 

such league or association are drafted by a major sports 

league or a minor league affiliate of such a sports league; 

or 

(IV) is a professional athlete or amateur athlete who performs individually or as part of a group in a theatrical ice skating production; and 

(ii) seeks to enter the United States temporarily and solely 

for the purpose of performing— 

(I) as such an athlete with respect to a specific athletic 

competition; or 

(II) in the case of an individual described in clause 

(i)(IV), in a specific theatrical ice skating production or 

tour. 

(B)(i) For purposes of section 101(a)(15)(P)(i)(b), an alien is described in this subparagraph if the alien— 

(I) performs with or is an integral and essential part of the 

performance of an entertainment group that has (except as 

provided in clause (ii)) been recognized internationally as being 

outstanding in the discipline for a sustained and substantial 

period of time, 

(II) in the case of a performer or entertainer, except as provided in clause (iii), has had a sustained and substantial relationship with that group (ordinarily for at least one year) and 

provides functions integral to the performance of the group, 

and 

(III) seeks to enter the United States temporarily and solely 

for the purpose of performing as such a performer or entertainer or as an integral and essential part of a performance. 

(ii) In the case of an entertainment group that is recognized nationally as being outstanding in its discipline for a sustained and 

substantial period of time, the Attorney General may, in consideration of special circumstances, waive the international recognition 

requirement of clause (i)(I). 

(iii)(I) The one-year relationship requirement of clause (i)(II) 

shall not apply to 25 percent of the performers and entertainers in 

a group. 

(II) The Attorney General may waive such one-year relationship 

requirement for an alien who because of illness or unanticipated 

and exigent circumstances replaces an essential member of the 

group and for an alien who augments the group by performing a 

critical role. 

(iv) The requirements of subclauses (I) and (II) of clause (i) shall 

not apply to alien circus personnel who perform as part of a circus 

or circus group or who constitute an integral and essential part of 

the performance of such circus or circus group, but only if such personnel are entering the United States to join a circus that has been 

recognized nationally as outstanding for a sustained and substantial period of time or as part of such a circus. 

(C) A person may petition the Attorney General for classification 

of an alien as a nonimmigrant under section 101(a)(15)(P). 

(D) The Attorney General shall approve petitions under this subsection with respect to nonimmigrants described in clause (i) or (iii) 

103 

of section 101(a)(15)(P) only after consultation in accordance with 

paragraph (6). 

(E) The Attorney General shall approve petitions under this subsection for nonimmigrants described in section 101(a)(15)(P)(ii) only 

after consultation with labor organizations representing artists and 

entertainers in the United States. 

(F)(i) No nonimmigrant visa under section 101(a)(15)(P)(i)(a) 

shall be issued to any alien who is a national of a country that is 

a state sponsor of international terrorism unless the Secretary of 

State determines, in consultation with the Secretary of Homeland 

Security and the heads of other appropriate United States agencies, that such alien does not pose a threat to the safety, national 

security, or national interest of the United States. In making a determination under this subparagraph, the Secretary of State shall 

apply standards developed by the Secretary of State, in consultation with the Secretary of Homeland Security and the heads of 

other appropriate United States agencies, that are applicable to the 

nationals of such states. 

(ii) In this subparagraph, the term ‘‘state sponsor of international 

terrorism’’ means any country the government of which has been 

determined by the Secretary of State under any of the laws specified in clause (iii) to have repeatedly provided support for acts of 

international terrorism. 

(iii) The laws specified in this clause are the following: 

(I) Section 6(j)(1)(A) of the Export Administration Act of 1979 

(50 U.S.C. App. 2405(j)(1)(A)) (or successor statute). 

(II) Section 40(d) of the Arms Export Control Act (22 U.S.C. 

2780(d)). 

(III) Section 620A(a) of the Foreign Assistance Act of 1961 

(22 U.S.C. 2371(a)). 

(G) The Secretary of Homeland Security shall permit a petition 

under this subsection to seek classification of more than 1 alien as 

a nonimmigrant under section 101(a)(15)(P)(i)(a). 

(H) The Secretary of Homeland Security shall permit an athlete, 

or the employer of an athlete, to seek admission to the United 

States for such athlete under a provision of this Act other than section 101(a)(15)(P)(i) if the athlete is eligible under such other provision. 

(5)(A) In the case of an alien who is provided nonimmigrant status under section 101(a)(15)(H)(i)(b) or 101(a)(15)(H)(ii)(b) and who 

is dismissed from employment by the employer before the end of 

the period of authorized admission, the employer shall be liable for 

the reasonable costs of return transportation of the alien abroad. 

(B) In the case of an alien who is admitted to the United States 

in nonimmigrant status under section 101(a)(15)(O) or 101(a)(15)(P) 

and whose employment terminates for reasons other than voluntary resignation, the employer whose offer of employment 

formed the basis of such nonimmigrant status and the petitioner 

are jointly and severally liable for the reasonable cost of return 

transportation of the alien abroad. The petitioner shall provide assurance satisfactory to the Attorney General that the reasonable 

cost of that transportation will be provided. 

(6)(A)(i) To meet the consultation requirement of paragraph 

(3)(A) in the case of a petition for a nonimmigrant described in section 101(a)(15)(O)(i) (other than with respect to aliens seeking 

104 

entry for a motion picture or television production), the petitioner 

shall submit with the petition an advisory opinion from a peer 

group (or other person or persons of its choosing, which may include a labor organization) with expertise in the specific field involved. 

(ii) To meet the consultation requirement of paragraph (3)(B) in 

the case of a petition for a nonimmigrant described in section 

101(a)(15)(O)(ii) (other than with respect to aliens seeking entry for 

a motion picture or television production), the petitioner shall submit with the petition an advisory opinion from a labor organization 

with expertise in the skill area involved. 

(iii) To meet the consultation requirement of paragraph (4)(D) in 

the case of a petition for a nonimmigrant described in section 

101(a)(15)(P)(i) or 101(a)(15)(P)(iii), the petitioner shall submit with 

the petition an advisory opinion from a labor organization with expertise in the specific field of athletics or entertainment involved. 

(B) To meet the consultation requirements of subparagraph (A), 

unless the petitioner submits with the petition an advisory opinion 

from an appropriate labor organization, the Attorney General shall 

forward a copy of the petition and all supporting documentation to 

the national office of an appropriate labor organization within 5 

days of the date of receipt of the petition. If there is a collective 

bargaining representative of an employer’s employees in the occupational classification for which the alien is being sought, that representative shall be the appropriate labor organization. 

(C) In those cases in which a petitioner described in subparagraph (A) establishes that an appropriate peer group (including a 

labor organization) does not exist, the Attorney General shall adjudicate the petition without requiring an advisory opinion. 

(D) Any person or organization receiving a copy of a petition described in subparagraph (A) and supporting documents shall have 

no more than 15 days following the date of receipt of such documents within which to submit a written advisory opinion or comment or to provide a letter of no objection. Once the 15-day period 

has expired and the petitioner has had an opportunity, where appropriate, to supply rebuttal evidence, the Attorney General shall 

adjudicate such petition in no more than 14 days. The Attorney 

General may shorten any specified time period for emergency reasons if no unreasonable burden would be thus imposed on any participant in the process. 

(E)(i) The Attorney General shall establish by regulation expedited consultation procedures in the case of nonimmigrant artists 

or entertainers described in section 101(a)(15)(O) or 101(a)(15)(P) to 

accommodate the exigencies and scheduling of a given production 

or event. 

(ii) The Attorney General shall establish by regulation expedited 

consultation procedures in the case of nonimmigrant athletes described in section 101(a)(15)(O)(i) or 101(a)(15)(P)(i) in the case of 

emergency circumstances (including trades during a season). 

(F) No consultation required under this subsection by the Attorney General with a nongovernmental entity shall be construed as 

permitting the Attorney General to delegate any authority under 

this subsection to such an entity. The Attorney General shall give 

such weight to advisory opinions provided under this section as the 

105 

Attorney General determines, in his sole discretion, to be appropriate. 

(7) If a petition is filed and denied under this subsection, the Attorney General shall notify the petitioner of the determination and 

the reasons for the denial and of the process by which the petitioner may appeal the determination. 

(8) The Attorney General shall submit annually to the Committees on the Judiciary of the House of Representatives and of the 

Senate a report describing, with respect to petitions under each 

subcategory of subparagraphs (H), (O), (P), and (Q) of section 

101(a)(15) the following: 

(A) The number of such petitions which have been filed. 

(B) The number of such petitions which have been approved 

and the number of workers (by occupation) included in such 

approved petitions. 

(C) The number of such petitions which have been denied 

and the number of workers (by occupation) requested in such 

denied petitions. 

(D) The number of such petitions which have been withdrawn. 

(E) The number of such petitions which are awaiting final 

action. 

(9)(A) The Attorney General shall impose a fee on an employer 

(excluding any employer that is a primary or secondary education 

institution, an institution of higher education, as defined in section 

101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a), a 

nonprofit entity related to or affiliated with any such institution, 

a nonprofit entity which engages in established curriculum-related 

clinical training of students registered at any such institution, a 

nonprofit research organization, or a governmental research organization) filing before a petition under paragraph (1)— 

(i) initially to grant an alien nonimmigrant status described 

in section 101(a)(15)(H)(i)(b); 

(ii) to extend the stay of an alien having such status (unless 

the employer previously has obtained an extension for such 

alien); or 

(iii) to obtain authorization for an alien having such status 

to change employers. 

(B) The amount of the fee shall be $1,500 for each such petition 

except that the fee shall be half the amount for each such petition 

by any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer). 

(C) Fees collected under this paragraph shall be deposited in the 

Treasury in accordance with section 286(s). 

(10) An amended H–1B petition shall not be required where 

the petitioning employer is involved in a corporate restructuring, including but not limited to a merger, acquisition, or 

consolidation, where a new corporate entity succeeds to the interests and obligations of the original petitioning employer and 

where the terms and conditions of employment remain the 

same but for the identity of the petitioner. 

(11)(A) Subject to subparagraph (B), the Secretary of Homeland 

Security or the Secretary of State, as appropriate, shall impose a 

106 

fee on an employer who has filed an attestation described in section 

212(t)— 

(i) in order that an alien may be initially granted nonimmigrant status described in section 101(a)(15)(H)(i)(b1); or 

(ii) in order to satisfy the requirement of the second sentence 

of subsection (g)(8)(C) for an alien having such status to obtain 

certain extensions of stay. 

(B) The amount of the fee shall be the same as the amount imposed by the Secretary of Homeland Security under paragraph (9), 

except that if such paragraph does not authorize such Secretary to 

impose any fee, no fee shall be imposed under this paragraph. 

(C) Fees collected under this paragraph shall be deposited in the 

Treasury in accordance with section 286(s). 

(12)(A) In addition to any other fees authorized by law, the Secretary of Homeland Security shall impose a fraud prevention and 

detection fee on an employer filing a petition under paragraph (1)— 

(i) initially to grant an alien nonimmigrant status described 

in subparagraph (H)(i)(b) or (L) of section 101(a)(15); or 

(ii) to obtain authorization for an alien having such status to 

change employers. 

(B) In addition to any other fees authorized by law, the Secretary 

of State shall impose a fraud prevention and detection fee on an 

alien filing an application abroad for a visa authorizing admission 

to the United States as a nonimmigrant described in section 

101(a)(15)(L), if the alien is covered under a blanket petition described in paragraph (2)(A). 

(C) The amount of the fee imposed under subparagraph (A) or (B) 

shall be $500. 

(D) The fee imposed under subparagraph (A) or (B) shall only 

apply to principal aliens and not to the spouses or children who are 

accompanying or following to join such principal aliens. 

(E) Fees collected under this paragraph shall be deposited in the 

Treasury in accordance with section 286(v). 

(13)(A) In addition to any other fees authorized by law, the Secretary of Homeland Security shall impose a fraud prevention and 

detection fee on an employer filing a petition under paragraph (1) 

for nonimmigrant workers described in section 101(a)(15)(H)(ii)(b). 

(B) The amount of the fee imposed under subparagraph (A) shall 

be $150. 

(14)(A) If the Secretary of Homeland Security finds, after notice 

and an opportunity for a hearing, a substantial failure to meet any 

of the conditions of the petition to admit or otherwise provide status to a nonimmigrant worker under section 101(a)(15)(H)(ii)(b) or 

a willful misrepresentation of a material fact in such petition— 

(i) the Secretary of Homeland Security may, in addition to 

any other remedy authorized by law, impose such administrative remedies (including civil monetary penalties in an amount 

not to exceed $10,000 per violation) as the Secretary of Homeland Security determines to be appropriate; and 

(ii) the Secretary of Homeland Security may deny petitions 

filed with respect to that employer under section 204 or paragraph (1) of this subsection during a period of at least 1 year 

but not more than 5 years for aliens to be employed by the employer. 

107 

(B) The Secretary of Homeland Security may delegate to the Secretary of Labor, with the agreement of the Secretary of Labor, any 

of the authority given to the Secretary of Homeland Security under 

subparagraph (A)(i). 

ø(C) In determining the level of penalties to be assessed under 

subparagraph (A), the highest penalties shall be reserved for willful failures to meet any of the conditions of the petition that involve harm to United States workers.¿ 

(C) In determining the level of penalties to be assessed under subparagraph (A), the highest penalties shall be reserved for— 

(i) willful failures to meet any of the conditions of the petition 

that involve harm to United States workers; and 

(ii) willful misrepresentations of the number of necessary nonimmigrants in an application for temporary labor certification 

in support of a petition for nonimmigrants described in section 

101(a)(15)(H)(ii)(b). 

(D) In this paragraph, the term ‘‘substantial failure’’ means the 

willful failure to comply with the requirements of this section that 

constitutes a significant deviation from the terms and conditions of 

a petition. 

(d)(1) A visa shall not be issued under the provisions of section 

101(a)(15)(K)(i) until the consular officer has received a petition 

filed in the United States by the fiance ́e or fiance ́ of the applying 

alien and approved by the Secretary of Homeland Security. The petition shall be in such form and contain such information as the 

Secretary of Homeland Security shall, by regulation, prescribe. 

Such information shall include information on any criminal convictions of the petitioner for any specified crime described in paragraph (3)(B) and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in paragraph (3)(B)(i). It shall be approved 

only after satisfactory evidence is submitted by the petitioner to establish that the parties have previously met in person within 2 

years before the date of filing the petition, have a bona fide intention to marry, and are legally able and actually willing to conclude 

a valid marriage in the United States within a period of ninety 

days after the alien’s arrival, except that the Secretary of Homeland Security in his discretion may waive the requirement that the 

parties have previously met in person. In the event the marriage 

with the petitioner does not occur within three months after the 

admission of the said alien and minor children, they shall be required to depart from the United States and upon failure to do so 

shall be removed in accordance with sections 240 and 241. 

(2)(A) Subject to subparagraphs (B) and (C), the Secretary of 

Homeland Security may not approve a petition under paragraph (1) 

unless the Secretary has verified that— 

(i) the petitioner has not, previous to the pending petition, 

petitioned under paragraph (1) with respect to two or more applying aliens; and 

(ii) if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously 

approved petition. 

(B) The Secretary of Homeland Security may, in the Secretary’s 

discretion, waive the limitations in subparagraph (A) if justification 

exists for such a waiver. Except in extraordinary circumstances 

108 

and subject to subparagraph (C), such a waiver shall not be granted if the petitioner has a record of violent criminal offenses against 

a person or persons. 

(C)(i) The Secretary of Homeland Security is not limited by the 

criminal court record and shall grant a waiver of the condition described in the second sentence of subparagraph (B) in the case of 

a petitioner described in clause (ii). 

(ii) A petitioner described in this clause is a petitioner who has 

been battered or subjected to extreme cruelty and who is or was 

not the primary perpetrator of violence in the relationship upon a 

determination that— 

(I) the petitioner was acting in self-defense; 

(II) the petitioner was found to have violated a protection 

order intended to protect the petitioner; or 

(III) the petitioner committed, was arrested for, was convicted of, or pled guilty to committing a crime that did not result in serious bodily injury and where there was a connection 

between the crime and the petitioner’s having been battered or 

subjected to extreme cruelty. 

(iii) In acting on applications under this subparagraph, the Secretary of Homeland Security shall consider any credible evidence 

relevant to the application. The determination of what evidence is 

credible and the weight to be given that evidence shall be within 

the sole discretion of the Secretary. 

(3) In this subsection: 

(A) The terms ‘‘domestic violence’’, ‘‘sexual assault’’, ‘‘child 

abuse and neglect’’, ‘‘dating violence’’, ‘‘elder abuse’’, and ‘‘stalking’’ have the meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005. 

(B) The term ‘‘specified crime’’ means the following: 

(i) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, or an attempt 

to commit any such crime. 

(ii) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, 

peonage, holding hostage, involuntary servitude, slave 

trade, kidnapping, abduction, unlawful criminal restraint, 

false imprisonment, or an attempt to commit any of the 

crimes described in this clause. 

(iii) At least three convictions for crimes relating to a 

controlled substance or alcohol not arising from a single 

act. 

(e)(1) Notwithstanding any other provision of this Act, an alien 

who is a citizen of Canada and seeks to enter the United States 

under and pursuant to the provisions of Annex 1502.1 (United 

States of America), Part C—Professionals, of the United States– 

Canada Free–Trade Agreement to engage in business activities at 

a professional level as provided for therein may be admitted for 

such purpose under regulations of the Attorney General promulgated after consultation with the Secretaries of State and Labor. 

(2) An alien who is a citizen of Canada or Mexico, and the spouse 

and children of any such alien if accompanying or following to join 

such alien, who seeks to enter the United States under and pursuant to the provisions of Section D of Annex 1603 of the North 

109 

American Free Trade Agreement (in this subsection referred to as 

‘‘NAFTA’’) to engage in business activities at a professional level as 

provided for in such Annex, may be admitted for such purpose 

under regulations of the Attorney General promulgated after consultation with the Secretaries of State and Labor. For purposes of 

this Act, including the issuance of entry documents and the application of subsection (b), such alien shall be treated as if seeking 

classification, or classifiable, as a nonimmigrant under section 

101(a)(15). The admission of an alien who is a citizen of Mexico 

shall be subject to paragraphs (3), (4), and (5). For purposes of this 

paragraph and paragraphs (3), (4), and (5), the term ‘‘citizen of 

Mexico’’ means ‘‘citizen’’ as defined in Annex 1608 of NAFTA. 

(3) The Attorney General shall establish an annual numerical 

limit on admissions under paragraph (2) of aliens who are citizens 

of Mexico, as set forth in Appendix 1603.D.4 of Annex 1603 of the 

NAFTA. Subject to paragraph (4), the annual numerical limit— 

(A) beginning with the second year that NAFTA is in force, 

may be increased in accordance with the provisions of paragraph 5(a) of Section D of such Annex, and 

(B) shall cease to apply as provided for in paragraph 3 of 

such Appendix. 

(4) The annual numerical limit referred to in paragraph (3) may 

be increased or shall cease to apply (other than by operation of 

paragraph 3 of such Appendix) only if— 

(A) the President has obtained advice regarding the proposed 

action from the appropriate advisory committees established 

under section 135 of the Trade Act of 1974 (19 U.S.C. 2155); 

(B) the President has submitted a report to the Committee 

on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that sets forth— 

(i) the action proposed to be taken and the reasons 

therefor, and 

(ii) the advice obtained under subparagraph (A); 

(C) a period of at least 60 calendar days that begins on the 

first day on which the President has met the requirements of 

subparagraphs (A) and (B) with respect to such action has expired; and 

(D) the President has consulted with such committees regarding the proposed action during the period referred to in 

subparagraph (C). 

(5) During the period that the provisions of Appendix 1603.D.4 

of Annex 1603 of the NAFTA apply, the entry of an alien who is 

a citizen of Mexico under and pursuant to the provisions of Section 

D of Annex 1603 of NAFTA shall be subject to the attestation requirement of section 212(m), in the case of a registered nurse, or 

the application requirement of section 212(n), in the case of all 

other professions set out in Appendix 1603.D.1 of Annex 1603 of 

NAFTA, and the petition requirement of subsection (c), to the extent and in the manner prescribed in regulations promulgated by 

the Secretary of Labor, with respect to sections 212(m) and 212(n), 

and the Attorney General, with respect to subsection (c). 

(6) In the case of an alien spouse admitted under section 

101(a)(15)(E), who is accompanying or following to join a principal 

alien admitted under such section, the Attorney General shall authorize the alien spouse to engage in employment in the United 

110 

States and provide the spouse with an ‘‘employment authorized’’ 

endorsement or other appropriate work permit. 

(f)(1) Except as provided in paragraph (3), no alien shall be entitled to nonimmigrant status described in section 101(a)(15)(D) if 

the alien intends to land for the purpose of performing service on 

board a vessel of the United States (as defined in section 2101(46) 

of title 46, United States Code) or on an aircraft of an air carrier 

(as defined in section 40102(a)(2) of title 49, United States Code) 

during a labor dispute where there is a strike or lockout in the bargaining unit of the employer in which the alien intends to perform 

such service. 

(2) An alien described in paragraph (1)— 

(A) may not be paroled into the United States pursuant to 

section 212(d)(5) unless the Attorney General determines that 

the parole of such alien is necessary to protect the national security of the United States; and 

(B) shall be considered not to be a bona fide crewman for 

purposes of section 252(b). 

(3) Paragraph (1) shall not apply to an alien if the air carrier or 

owner or operator of such vessel that employs the alien provides 

documentation that satisfies the Attorney General that the alien— 

(A) has been an employee of such employer for a period of 

not less than 1 year preceding the date that a strike or lawful 

lockout commenced; 

(B) has served as a qualified crewman for such employer at 

least once in each of 3 months during the 12-month period preceding such date; and 

(C) shall continue to provide the same services that such 

alien provided as such a crewman. 

(g)(1) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year (beginning with fiscal year 1992)— 

(A) under section 101(a)(15)(H)(i)(b), may not exceed— 

(i) 65,000 in each fiscal year before fiscal year 1999; 

(ii) 115,000 in fiscal year 1999; 

(iii) 115,000 in fiscal year 2000; 

(iv) 195,000 in fiscal year 2001; 

(v) 195,000 in fiscal year 2002; 

(vi) 195,000 in fiscal year 2003; and 

(vii) 65,000 in each succeeding fiscal year; or 

(B) under section 101(a)(15)(H)(ii)(b) may not exceed 66,000. 

(2) The numerical limitations of paragraph (1) shall only apply 

to principal aliens and not to the spouses or children of such aliens. 

(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such 

visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued such visa or 

otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of 

aliens who may be issued visas or otherwise provided such status 

under the numerical limitations of paragraph (1) in the fiscal year 

111 

in which the petition is revoked, regardless of the fiscal year in 

which the petition was approved. 

(4) In the case of a nonimmigrant described in section 

101(a)(15)(H)(i)(b), the period of authorized admission as such a 

nonimmigrant may not exceed 6 years. 

(5) The numerical limitations contained in paragraph (1)(A) shall 

not apply to any nonimmigrant alien issued a visa or otherwise 

provided status under section 101(a)(15)(H)(i)(b) who— 

(A) is employed (or has received an offer of employment) at 

an institution of higher education (as defined in section 101(a) 

of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a 

related or affiliated nonprofit entity; 

(B) is employed (or has received an offer of employment) at 

a nonprofit research organization or a governmental research 

organization; or 

(C) has earned a master’s or higher degree from a United 

States institution of higher education (as defined in section 

101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), 

until the number of aliens who are exempted from such numerical limitation during such year exceeds 20,000. 

(6) Any alien who ceases to be employed by an employer described in paragraph (5)(A) shall, if employed as a nonimmigrant 

alien described in section 101(a)(15)(H)(i)(b), who has not previously been counted toward the numerical limitations contained in 

paragraph (1)(A), be counted toward those limitations the first time 

the alien is employed by an employer other than one described in 

paragraph (5). 

(7) Any alien who has already been counted, within the 6 years 

prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again 

be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that 

alien shall be counted only once. 

(8)(A) The agreements referred to in section 101(a)(15)(H)(i)(b1) 

are— 

(i) the United States-Chile Free Trade Agreement; and 

(ii) the United States-Singapore Free Trade Agreement. 

(B)(i) The Secretary of Homeland Security shall establish annual 

numerical limitations on approvals of initial applications by aliens 

for admission under section 101(a)(15)(H)(i)(b1). 

(ii) The annual numerical limitations described in clause (i) shall 

not exceed— 

(I) 1,400 for nationals of Chile (as defined in article 14.9 of 

the United States-Chile Free Trade Agreement) for any fiscal 

year; and 

(II) 5,400 for nationals of Singapore (as defined in Annex 1A 

of the United States-Singapore Free Trade Agreement) for any 

fiscal year. 

(iii) The annual numerical limitations described in clause (i) shall 

only apply to principal aliens and not to the spouses or children of 

such aliens. 

(iv) The annual numerical limitation described in paragraph 

(1)(A) is reduced by the amount of the annual numerical limitations established under clause (i). However, if a numerical limitaVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00111 Fmt 6659 Sfmt 6601 E:\HR\OC\HR948.XXX HR948
112 

tion established under clause (i) has not been exhausted at the end 

of a given fiscal year, the Secretary of Homeland Security shall adjust upwards the numerical limitation in paragraph (1)(A) for that 

fiscal year by the amount remaining in the numerical limitation 

under clause (i). Visas under section 101(a)(15)(H)(i)(b) may be 

issued pursuant to such adjustment within the first 45 days of the 

next fiscal year to aliens who had applied for such visas during the 

fiscal year for which the adjustment was made. 

(C) The period of authorized admission as a nonimmigrant under 

section 101(a)(15)(H)(i)(b1) shall be 1 year, and may be extended, 

but only in 1-year increments. After every second extension, the 

next following extension shall not be granted unless the Secretary 

of Labor had determined and certified to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under 

section 212(t)(1) for the purpose of permitting the nonimmigrant to 

obtain such extension. 

(D) The numerical limitation described in paragraph (1)(A) for a 

fiscal year shall be reduced by one for each alien granted an extension under subparagraph (C) during such year who has obtained 5 

or more consecutive prior extensions. 

(9)(A) Subject to subparagraphs (B) and (C), an alien øwho has 

already been counted toward the numerical limitation of paragraph 

(1)(B) during fiscal year 2013, 2014, or 2015 shall not again be 

counted toward such limitation during fiscal year 2016.¿ shall not 

be counted toward the numerical limitation of paragraph (1)(B) for 

a fiscal year if that alien already has been counted toward such limitation during one or both of the 2 fiscal years immediately preceding that fiscal year. Such an alien shall be considered a returning worker. 

(B) A petition to admit or otherwise provide status under section 

101(a)(15)(H)(ii)(b) shall include, with respect to a returning worker— 

(i) all information and evidence that the Secretary of Homeland Security determines is required to support a petition for 

status under section 101(a)(15)(H)(ii)(b); 

(ii) the full name of the alien; and 

(iii) a certification to the Department of Homeland Security 

that the alien is a returning worker. 

(C) An H–2B visa or grant of nonimmigrant status for a returning worker shall be approved only if the alien is confirmed to be 

a returning worker by— 

(i) the Department of State; or 

(ii) if the alien is visa exempt or seeking to change to status 

under section 101 (a)(15)(H)(ii)(b), the Department of Homeland Security. 

ø(10) The numerical limitations of paragraph (1)(B) shall be allocated for a fiscal year so that the total number of aliens subject to 

such numerical limits who enter the United States pursuant to a 

visa or are accorded nonimmigrant status under section 

101(a)(15)(H)(ii)(b) during the first 6 months of such fiscal year is 

not more than 33,000.¿ 

(10)(A) Subject to subparagraphs (B) through (D), the numerical 

limitation of paragraph (1)(B) shall be allocated for a fiscal year so 

that the total number of aliens subject to such numerical limitation 

113 

who enter the United States pursuant to a visa, or otherwise are accorded nonimmigrant status, under section 101(a)(15)(H)(ii)(b) during— 

(i) the first quarter of such fiscal year is not more than 9,900; 

(ii) the second quarter of such fiscal year is not more than 

26,400, plus any number not used under clause (i); 

(iii) the third quarter of such fiscal year is not more than 

26,400, plus any number not used under clauses (i) and (ii); 

and 

(iv) the fourth quarter of such fiscal year is not more than 

3,300, plus any number not used under clauses (i) through (iii). 

(B) Notwithstanding subparagraph (A), the Secretary of Homeland Security, after making a determination based on demand from 

previous fiscal years that a change in the allocations under such 

subparagraph is necessary and appropriate, may modify such allocations. 

(C) With respect to each quarter of a fiscal year, the Secretary of 

Labor shall accept applications for temporary labor certification in 

support of petitions for nonimmigrants described in section 

101(a)(15)(H)(ii)(b) only during a one-week period to be selected by 

such Secretary, and shall not finally approve any of such applications during any such week. 

(D) With respect to each quarter of a fiscal year, the Secretary of 

Labor shall approve temporary labor certifications in support of petitions for nonimmigrants described in section 101(a)(15)(H)(ii)(b) in 

a manner that will result in all employers that have timely submitted an approvable application being able to fill an equal (or approximately equal) percentage of the number of requested positions. 

(11)(A) The Secretary of State may not approve a number of initial applications submitted for aliens described in section 

101(a)(15)(E)(iii) that is more than the applicable numerical limitation set out in this paragraph. 

(B) The applicable numerical limitation referred to in subparagraph (A) is 10,500 for each fiscal year. 

(C) The applicable numerical limitation referred to in subparagraph (A) shall only apply to principal aliens and not to the 

spouses or children of such aliens. 

(h) The fact that an alien is the beneficiary of an application for 

a preference status filed under section 204 or has otherwise sought 

permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes 

of obtaining a visa as a nonimmigrant described in subparagraph 

(H)(i)(b) or (c), (L), or (V) of section 101(a)(15) or otherwise obtaining or maintaining the status of a nonimmigrant described in such 

subparagraph, if the alien had obtained a change of status under 

section 248 to a classification as such a nonimmigrant before the 

alien’s most recent departure from the United States. 

(i)(1) Except as provided in paragraph (3), for purposes of section 

101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and paragraph (2), the 

term ‘‘specialty occupation’’ means an occupation that requires— 

(A) theoretical and practical application of a body of highly 

specialized knowledge, and 

(B) attainment of a bachelor’s or higher degree in the specific 

specialty (or its equivalent) as a minimum for entry into the 

occupation in the United States. 

114 

(2) For purposes of section 101(a)(15)(H)(i)(b), the requirements 

of this paragraph, with respect to a specialty occupation, are— 

(A) full state licensure to practice in the occupation, if such 

licensure is required to practice in the occupation, 

(B) completion of the degree described in paragraph (1)(B) 

for the occupation, or 

(C)(i) experience in the specialty equivalent to the completion 

of such degree, and (ii) recognition of expertise in the specialty 

through progressively responsible positions relating to the specialty. 

(3) For purposes of section 101(a)(15)(H)(i)(b1), the term ‘‘specialty occupation’’ means an occupation that requires— 

(A) theoretical and practical application of a body of specialized knowledge; and 

(B) attainment of a bachelor’s or higher degree in the specific 

specialty (or its equivalent) as a minimum for entry into the 

occupation in the United States. 

(j)(1) Notwithstanding any other provision of this Act, an alien 

who is a citizen of Canada or Mexico who seeks to enter the United 

States under and pursuant to the provisions of Section B, Section 

C, or Section D of Annex 1603 of the North American Free Trade 

Agreement, shall not be classified as a nonimmigrant under such 

provisions if there is in progress a strike or lockout in the course 

of a labor dispute in the occupational classification at the place or 

intended place of employment, unless such alien establishes, pursuant to regulations promulgated by the Attorney General, that the 

alien’s entry will not affect adversely the settlement of the strike 

or lockout or the employment of any person who is involved in the 

strike or lockout. Notice of a determination under this paragraph 

shall be given as may be required by paragraph 3 of article 1603 

of such Agreement. For purposes of this paragraph, the term ‘‘citizen of Mexico’’ means ‘‘citizen’’ as defined in Annex 1608 of such 

Agreement. 

(2) Notwithstanding any other provision of this Act except section 

212(t)(1), and subject to regulations promulgated by the Secretary 

of Homeland Security, an alien who seeks to enter the United 

States under and pursuant to the provisions of an agreement listed 

in subsection (g)(8)(A), and the spouse and children of such an 

alien if accompanying or following to join the alien, may be denied 

admission as a nonimmigrant under subparagraph (E), (L), or 

(H)(i)(b1) of section 101(a)(15) if there is in progress a labor dispute 

in the occupational classification at the place or intended place of 

employment, unless such alien establishes, pursuant to regulations 

promulgated by the Secretary of Homeland Security after consultation with the Secretary of Labor, that the alien’s entry will not affect adversely the settlement of the labor dispute or the employment of any person who is involved in the labor dispute. Notice of 

a determination under this paragraph shall be given as may be required by such agreement. 

(k)(1) The number of aliens who may be provided a visa as nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year may 

not exceed 200. The number of aliens who may be provided a visa 

as nonimmigrants under section 101(a)(15)(S)(ii) in any fiscal year 

may not exceed 50. 

115 

(2) The period of admission of an alien as such a nonimmigrant 

may not exceed 3 years. Such period may not be extended by the 

Attorney General. 

(3) As a condition for the admission, and continued stay in lawful 

status, of such a nonimmigrant, the nonimmigrant— 

(A) shall report not less often than quarterly to the Attorney 

General such information concerning the alien’s whereabouts 

and activities as the Attorney General may require; 

(B) may not be convicted of any criminal offense punishable 

by a term of imprisonment of 1 year or more after the date of 

such admission; 

(C) must have executed a form that waives the nonimmigrant’s right to contest, other than on the basis of an application for withholding of removal, any action for removal of 

the alien instituted before the alien obtains lawful permanent 

resident status; and 

(D) shall abide by any other condition, limitation, or restriction imposed by the Attorney General. 

(4) The Attorney General shall submit a report annually to the 

Committee on the Judiciary of the House of Representatives and 

the Committee on the Judiciary of the Senate concerning— 

(A) the number of such nonimmigrants admitted; 

(B) the number of successful criminal prosecutions or investigations resulting from cooperation of such aliens; 

(C) the number of terrorist acts prevented or frustrated resulting from cooperation of such aliens; 

(D) the number of such nonimmigrants whose admission or 

cooperation has not resulted in successful criminal prosecution 

or investigation or the prevention or frustration of a terrorist 

act; and 

(E) the number of such nonimmigrants who have failed to report quarterly (as required under paragraph (3)) or who have 

been convicted of crimes in the United States after the date of 

their admission as such a nonimmigrant. 

(l)(1) In the case of a request by an interested State agency, or 

by an interested Federal agency, for a waiver of the 2-year foreign 

residence requirement under section 212(e) on behalf of an alien 

described in clause (iii) of such section, the Attorney General shall 

not grant such waiver unless— 

(A) in the case of an alien who is otherwise contractually obligated to return to a foreign country, the government of such 

country furnishes the Director of the United States Information Agency with a statement in writing that it has no objection to such waiver; 

(B) in the case of a request by an interested State agency, 

the grant of such waiver would not cause the number of waivers allotted for that State for that fiscal year to exceed 30; 

(C) in the case of a request by an interested Federal agency 

or by an interested State agency— 

(i) the alien demonstrates a bona fide offer of full-time 

employment at a health facility or health care organization, which employment has been determined by the Attorney General to be in the public interest; and 

(ii) the alien agrees to begin employment with the health 

facility or health care organization within 90 days of reVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00115 Fmt 6659 Sfmt 6601 E:\HR\OC\HR948.XXX HR948
116 

ceiving such waiver, and agrees to continue to work for a 

total of not less than 3 years (unless the Attorney General 

determines that extenuating circumstances exist, such as 

closure of the facility or hardship to the alien, which would 

justify a lesser period of employment at such health facility or health care organization, in which case the alien 

must demonstrate another bona fide offer of employment 

at a health facility or health care organization for the remainder of such 3-year period); and 

(D) in the case of a request by an interested Federal agency 

(other than a request by an interested Federal agency to employ the alien full-time in medical research or training) or by 

an interested State agency, the alien agrees to practice primary care or specialty medicine in accordance with paragraph 

(2) for a total of not less than 3 years only in the geographic 

area or areas which are designated by the Secretary of Health 

and Human Services as having a shortage of health care professionals, except that— 

(i) in the case of a request by the Department of Veterans Affairs, the alien shall not be required to practice 

medicine in a geographic area designated by the Secretary; 

(ii) in the case of a request by an interested State agency, the head of such State agency determines that the 

alien is to practice medicine under such agreement in a facility that serves patients who reside in one or more geographic areas so designated by the Secretary of Health and 

Human Services (without regard to whether such facility 

is located within such a designated geographic area), and 

the grant of such waiver would not cause the number of 

the waivers granted on behalf of aliens for such State for 

a fiscal year (within the limitation in subparagraph (B)) in 

accordance with the conditions of this clause to exceed 10; 

and 

(iii) in the case of a request by an interested Federal 

agency or by an interested State agency for a waiver for 

an alien who agrees to practice specialty medicine in a facility located in a geographic area so designated by the 

Secretary of Health and Human Services, the request shall 

demonstrate, based on criteria established by such agency, 

that there is a shortage of health care professionals able 

to provide services in the appropriate medical specialty to 

the patients who will be served by the alien. 

(2)(A) Notwithstanding section 248(a)(2), the Attorney General may change the status of an alien who qualifies under this 

subsection and section 212(e) to that of an alien described in 

section 101(a)(15)(H)(i)(b). The numerical limitations contained 

in subsection (g)(1)(A) shall not apply to any alien whose status is changed under the preceding sentence, if the alien obtained a waiver of the 2-year foreign residence requirement 

upon a request by an interested Federal agency or an interested State agency. 

(B) No person who has obtained a change of status under 

subparagraph (A) and who has failed to fulfill the terms of the 

contract with the health facility or health care organization 

named in the waiver application shall be eligible to apply for 

117 

an immigrant visa, for permanent residence, or for any other 

change of nonimmigrant status, until it is established that 

such person has resided and been physically present in the 

country of his nationality or his last residence for an aggregate 

of at least 2 years following departure from the United States. 

(3) Notwithstanding any other provision of this subsection, 

the 2-year foreign residence requirement under section 212(e) 

shall apply with respect to an alien described in clause (iii) of 

such section, who has not otherwise been accorded status 

under section 101(a)(27)(H), if— 

(A) at any time the alien ceases to comply with any 

agreement entered into under subparagraph (C) or (D) of 

paragraph (1); or 

(B) the alien’s employment ceases to benefit the public 

interest at any time during the 3-year period described in 

paragraph (1)(C). 

(m)(1) An alien may not be accorded status as a nonimmigrant 

under clause (i) or (iii) of section 101(a)(15)(F) in order to pursue 

a course of study— 

(A) at a public elementary school or in a publicly funded 

adult education program; or 

(B) at a public secondary school unless— 

(i) the aggregate period of such status at such a school 

does not exceed 12 months with respect to any alien, and 

(ii) the alien demonstrates that the alien has reimbursed 

the local educational agency that administers the school 

for the full, unsubsidized per capita cost of providing education at such school for the period of the alien’s attendance. 

(2) An alien who obtains the status of a nonimmigrant under 

clause (i) or (iii) of section 101(a)(15)(F) in order to pursue a course 

of study at a private elementary or secondary school or in a language training program that is not publicly funded shall be considered to have violated such status, and the alien’s visa under section 

101(a)(15)(F) shall be void, if the alien terminates or abandons 

such course of study at such a school and undertakes a course of 

study at a public elementary school, in a publicly funded adult education program, in a publicly funded adult education language 

training program, or at a public secondary school (unless the requirements of paragraph (1)(B) are met). 

(n)(1) A nonimmigrant alien described in paragraph (2) who was 

previously issued a visa or otherwise provided nonimmigrant status 

under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection 

(a). Employment authorization shall continue for such alien until 

the new petition is adjudicated. If the new petition is denied, such 

authorization shall cease. 

(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien— 

(A) who has been lawfully admitted into the United States; 

(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the 

period of stay authorized by the Attorney General; and 

118 

(C) who, subsequent to such lawful admission, has not been 

employed without authorization in the United States before the 

filing of such petition. 

(o)(1) No alien shall be eligible for admission to the United States 

under section 101(a)(15)(T) if there is substantial reason to believe 

that the alien has committed an act of a severe form of trafficking 

in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000). 

(2) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year under 

section 101(a)(15)(T) may not exceed 5,000. 

(3) The numerical limitation of paragraph (2) shall only apply to 

principal aliens and not to the spouses, sons, daughters, siblings, 

or parents of such aliens. 

(4) An unmarried alien who seeks to accompany, or follow to join, 

a parent granted status under section 101(a)(15)(T)(i), and who was 

under 21 years of age on the date on which such parent applied 

for such status, shall continue to be classified as a child for purposes of section 101(a)(15)(T)(ii), if the alien attains 21 years of age 

after such parent’s application was filed but while it was pending. 

(5) An alien described in clause (i) of section 101(a)(15)(T) shall 

continue to be treated as an alien described in clause (ii)(I) of such 

section if the alien attains 21 years of age after the alien’s application for status under such clause (i) is filed but while it is pending. 

(6) In making a determination under section 

101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements from 

State and local law enforcement officials that the alien has complied with any reasonable request for assistance in the investigation or prosecution of crimes such as kidnapping, rape, slavery, or 

other forced labor offenses, where severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection 

Act of 2000) appear to have been involved, shall be considered. 

(7)(A) Except as provided in subparagraph (B), an alien who is 

issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(T) may be granted such status for a period of not 

more than 4 years. 

(B) An alien who is issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(T) may extend the period of such status beyond the period described in subparagraph 

(A) if— 

(i) a Federal, State, or local law enforcement official, prosecutor, judge, or other authority investigating or prosecuting 

activity relating to human trafficking or certifies that the presence of the alien in the United States is necessary to assist in 

the investigation or prosecution of such activity; 

(ii) the alien is eligible for relief under section 245(l) and is 

unable to obtain such relief because regulations have not been 

issued to implement such section; or 

(iii) the Secretary of Homeland Security determines that an 

extension of the period of such nonimmigrant status is warranted due to exceptional circumstances. 

(C) Nonimmigrant status under section 101(a)(15)(T) shall be extended during the pendency of an application for adjustment of status under section 245(l). 

119 

(p) REQUIREMENTS APPLICABLE TO SECTION 101(a)(15)(U) 

VISAS.— 

(1) PETITIONING PROCEDURES FOR SECTION 101(a)(15)(U)

VISAS.—The petition filed by an alien under section 

101(a)(15)(U)(i) shall contain a certification from a Federal, 

State, or local law enforcement official, prosecutor, judge, or 

other Federal, State, or local authority investigating criminal 

activity described in section 101(a)(15)(U)(iii). This certification 

may also be provided by an official of the Service whose ability 

to provide such certification is not limited to information concerning immigration violations. This certification shall state 

that the alien ‘‘has been helpful, is being helpful, or is likely 

to be helpful’’ in the investigation or prosecution of criminal activity described in section 101(a)(15)(U)(iii). 

(2) NUMERICAL LIMITATIONS.— 

(A) The number of aliens who may be issued visas or 

otherwise provided status as nonimmigrants under section 

101(a)(15)(U) in any fiscal year shall not exceed 10,000. 

(B) The numerical limitations in subparagraph (A) shall 

only apply to principal aliens described in section 

101(a)(15)(U)(i), and not to spouses, children, or, in the 

case of alien children, the alien parents of such children. 

(3) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO ‘‘U’’ 

VISA NONIMMIGRANTS.—With respect to nonimmigrant aliens 

described in subsection (a)(15)(U)— 

(A) the Attorney General and other government officials, 

where appropriate, shall provide those aliens with referrals to nongovernmental organizations to advise the aliens 

regarding their options while in the United States and the 

resources available to them; and 

(B) the Attorney General shall, during the period those 

aliens are in lawful temporary resident status under that 

subsection, provide the aliens with employment authorization. 

(4) CREDIBLE EVIDENCE CONSIDERED.—In acting on any petition filed under this subsection, the consular officer or the Attorney General, as appropriate, shall consider any credible evidence relevant to the petition. 

(5) NONEXCLUSIVE RELIEF.—Nothing in this subsection limits 

the ability of aliens who qualify for status under section 

101(a)(15)(U) to seek any other immigration benefit or status 

for which the alien may be eligible. 

(6) DURATION OF STATUS.—The authorized period of status of 

an alien as a nonimmigrant under section 101(a)(15)(U) shall 

be for a period of not more than 4 years, but shall be extended 

upon certification from a Federal, State, or local law enforcement official, prosecutor, judge, or other Federal, State, or local 

authority investigating or prosecuting criminal activity described in section 101(a)(15)(U)(iii) that the alien’s presence in 

the United States is required to assist in the investigation or 

prosecution of such criminal activity. The Secretary of Homeland Security may extend, beyond the 4-year period authorized 

under this section, the authorized period of status of an alien 

as a nonimmigrant under section 101(a)(15)(U) if the Secretary 

determines that an extension of such period is warranted due 

120 

to exceptional circumstances. Such alien’s nonimmigrant status 

shall be extended beyond the 4-year period authorized under 

this section if the alien is eligible for relief under section 

245(m) and is unable to obtain such relief because regulations 

have not been issued to implement such section and shall be 

extended during the pendency of an application for adjustment 

of status under section 245(m). The Secretary may grant work 

authorization to any alien who has a pending, bona fide application for nonimmigrant status under section 101(a)(15)(U). 

(7) AGE DETERMINATIONS.— 

(A) CHILDREN.—An unmarried alien who seeks to accompany, or follow to join, a parent granted status under section 101(a)(15)(U)(i), and who was under 21 years of age 

on the date on which such parent petitioned for such status, shall continue to be classified as a child for purposes 

of section 101(a)(15)(U)(ii), if the alien attains 21 years of 

age after such parent’s petition was filed but while it was 

pending. 

(B) PRINCIPAL ALIENS.—An alien described in clause (i) 

of section 101(a)(15)(U) shall continue to be treated as an 

alien described in clause (ii)(I) of such section if the alien 

attains 21 years of age after the alien’s application for status under such clause (i) is filed but while it is pending. 

(q)(1) In the case of a nonimmigrant described in section 

101(a)(15)(V)— 

(A) the Attorney General shall authorize the alien to engage 

in employment in the United States during the period of authorized admission and shall provide the alien with an ‘‘employment authorized’’ endorsement or other appropriate document signifying authorization of employment; and 

(B) the period of authorized admission as such a nonimmigrant shall terminate 30 days after the date on which any 

of the following is denied: 

(i) The petition filed under section 204 to accord the 

alien a status under section 203(a)(2)(A) (or, in the case of 

a child granted nonimmigrant status based on eligibility to 

receive a visa under section 203(d), the petition filed to accord the child’s parent a status under section 203(a)(2)(A)). 

(ii) The alien’s application for an immigrant visa pursuant to the approval of such petition. 

(iii) The alien’s application for adjustment of status 

under section 245 pursuant to the approval of such petition. 

(2) In determining whether an alien is eligible to be admitted to 

the United States as a nonimmigrant under section 101(a)(15)(V), 

the grounds for inadmissibility specified in section 212(a)(9)(B) 

shall not apply. 

(3) The status of an alien physically present in the United States 

may be adjusted by the Attorney General, in the discretion of the 

Attorney General and under such regulations as the Attorney General may prescribe, to that of a nonimmigrant under section 

101(a)(15)(V), if the alien— 

(A) applies for such adjustment; 

(B) satisfies the requirements of such section; and 

121 

(C) is eligible to be admitted to the United States, except in 

determining such admissibility, the grounds for inadmissibility 

specified in paragraphs (6)(A), (7), and (9)(B) of section 212(a) 

shall not apply. 

(r)(1) A visa shall not be issued under the provisions of section 

101(a)(15)(K)(ii) until the consular officer has received a petition 

filed in the United States by the spouse of the applying alien and 

approved by the Attorney General. The petition shall be in such 

form and contain such information as the Attorney General shall, 

by regulation, prescribe. Such information shall include information on any criminal convictions of the petitioner for any specified 

crime described in paragraph (5)(B) and information on any permanent protection or restraining order issued against the petitioner 

related to any specified crime described in subsection (5)(B)(i). 

(2) In the case of an alien seeking admission under section 

101(a)(15)(K)(ii) who concluded a marriage with a citizen of the 

United States outside the United States, the alien shall be considered inadmissible under section 212(a)(7)(B) if the alien is not at 

the time of application for admission in possession of a valid nonimmigrant visa issued by a consular officer in the foreign state in 

which the marriage was concluded. 

(3) In the case of a nonimmigrant described in section 

101(a)(15)(K)(ii), and any child of such a nonimmigrant who was 

admitted as accompanying, or following to join, such a nonimmigrant, the period of authorized admission shall terminate 30 

days after the date on which any of the following is denied: 

(A) The petition filed under section 204 to accord the principal alien status under section 201(b)(2)(A)(i). 

(B) The principal alien’s application for an immigrant visa 

pursuant to the approval of such petition. 

(C) The principal alien’s application for adjustment of status 

under section 245 pursuant to the approval of such petition. 

(4)(A) The Secretary of Homeland Security shall create a database for the purpose of tracking multiple visa petitions filed for 

fiance ́(e)s and spouses under clauses (i) and (ii) of section 

101(a)(15)(K). Upon approval of a second visa petition under section 101(a)(15)(K) for a fiance ́(e) or spouse filed by the same United 

States citizen petitioner, the petitioner shall be notified by the Secretary that information concerning the petitioner has been entered 

into the multiple visa petition tracking database. All subsequent 

fiance ́(e) or spouse nonimmigrant visa petitions filed by that petitioner under such section shall be entered in the database. 

(B)(i) Once a petitioner has had two fiance ́(e) or spousal petitions 

approved under clause (i) or (ii) of section 101(a)(15)(K), if a subsequent petition is filed under such section less than 10 years after 

the date the first visa petition was filed under such section, the 

Secretary of Homeland Security shall notify both the petitioner and 

beneficiary of any such subsequent petition about the number of 

previously approved fiance ́(e) or spousal petitions listed in the 

database. 

(ii) To notify the beneficiary as required by clause (i), the Secretary of Homeland Security shall provide such notice to the Secretary of State for inclusion in the mailing to the beneficiary described in section 833(a)(5)(A)(i) of the International Marriage 

Broker Regulation Act of 2005 (8 U.S.C. 1375a(a)(5)(A)(i)). 

122 

(5) In this subsection: 

(A) The terms ‘‘domestic violence’’, ‘‘sexual assault’’, ‘‘child 

abuse and neglect’’, ‘‘dating violence’’, ‘‘elder abuse’’, and ‘‘stalking’’ have the meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005. 

(B) The term ‘‘specified crime’’ means the following: 

(i) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, or an attempt 

to commit any such crime. 

(ii) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, 

peonage, holding hostage, involuntary servitude, slave 

trade, kidnapping, abduction, unlawful criminal restraint, 

false imprisonment, or an attempt to commit any of the 

crimes described in this clause. 

(iii) At least three convictions for crimes relating to a 

controlled substance or alcohol not arising from a single 

act. 

* * * * * * * 

CHINESE STUDENT PROTECTION ACT OF 1992 

* * * * * * * 

SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF 

CERTAIN NATIONALS OF THE PEOPLE’S REPUBLIC OF 

CHINA. 

(a) IN GENERAL.—Subject to subsection (c)(1), whenever an alien 

described in subsection (b) applies for adjustment of status under 

section 245 of the Immigration and Nationality Act during the application period (as defined in øsubsection (e))¿ subsection (d)) the 

following rules shall apply with respect to such adjustment: 

(1) The alien shall be deemed to have had a petition approved under section 204(a) of such Act for classification under 

section 203(b)(3)(A)(i) of such Act. 

(2) The application shall be considered without regard to 

whether an immigrant visa number is immediately available at 

the time the application is filed. 

(3) In determining the alien’s admissibility as an immigrant, 

and the alien’s eligibility for an immigrant visa— 

(A) paragraphs (5) and (7)(A) of section 212(a) and section 212(e) of such Act shall not apply; and 

(B) the Attorney General may waive any other provision 

of section 212(a) (other than paragraph (2)(C) and subparagraph (A), (B), (C), or (E) of paragraph (3)) of such Act 

with respect to such adjustment for humanitarian purposes, for purposes of assuring family unity, or if otherwise 

in the public interest. 

(4) The numerical level of section 202(a)(2) of such Act shall 

not apply. 

(5) Section 245(c) of such Act shall not apply. 

(b) ALIENS COVERED.—For purposes of this section, an alien described in this subsection is an alien who— 

123 

(1) is a national of the People’s Republic of China described 

in section 1 of Executive Order No. 12711 as in effect on April 

11, 1990; 

(2) has resided continuously in the United States since April 

11, 1990 (other than brief, casual, and innocent absences); and 

(3) was not physically present in the People’s Republic of 

China for longer than 90 days after such date and before the 

date of the enactment of this Act. 

(c) CONDITION; DISSEMINATION OF INFORMATION.— (1) NOT APPLICABLE IF SAFE RETURN PERMITTED.—Subsection 

(a) shall not apply to any alien if the President has determined 

and certified to Congress, before the first day of the application 

period, that conditions in the People’s Republic of China permit 

aliens described in subsection (b)(1) to return to that foreign 

state in safety. 

(2) DISSEMINATION OF INFORMATION.—If the President has 

not made the certification described in paragraph (1) by the 

first day of the application period, the Attorney General shall, 

subject to the availability of appropriations, immediately 

broadly disseminate to aliens described in subsection (b)(1) information respecting the benefits available under this section. 

To the extent practicable, the Attorney General shall provide 

notice of these benefits to the last known mailing address of 

each such alien. 

ø(d) OFFSET IN PER COUNTRY NUMERICAL LEVEL.— ø(1) IN GENERAL.—The numerical level under section 

202(a)(2) of the Immigration and Nationality Act applicable to 

natives of the People’s Republic of China in each applicable fiscal year (as defined in paragraph (3)) shall be reduced by 

1,000. 

ø(2) ALLOTMENT IF SECTION 202(e) APPLIES.—If section 202(e) 

of the Immigration and Nationality Act is applied to the People’s Republic of China in an applicable fiscal year, in applying 

such section— 

ø(A) 300 immigrant visa numbers shall be deemed to 

have been previously issued to natives of that foreign state 

under section 203(b)(3)(A)(i) of such Act in that year, and 

ø(B) 700 immigrant visa numbers shall be deemed to 

have been previously issued to natives of that foreign state 

under section 203(b)(5) of such Act in that year. 

ø(3) APPLICABLE FISCAL YEAR.— 

ø(A) IN GENERAL.—In this subsection, the term ‘‘applicable fiscal year’’ means each fiscal year during the period— 

ø(i) beginning with the fiscal year in which the application period begins; and 

ø(ii) ending with the first fiscal year by the end of 

which the cumulative number of aliens counted for all 

fiscal years under subparagraph (B) equals or exceeds 

the total number of aliens whose status has been adjusted under section 245 of the Immigration and Nationality Act pursuant to subsection (a). 

ø(B) NUMBER COUNTED EACH YEAR.—The number counted under this subparagraph for a fiscal year (beginning 

during or after the application period) is 1,000, plus the 

number (if any) by which (i) the immigration level under 

124 

section 202(a)(2) of the Immigration and Nationality Act 

for the People’s Republic of China in the fiscal year (as reduced under this subsection), exceeds (ii) the number of 

aliens who were chargeable to such level in the year. 

ø(e)¿ (d) APPLICATION PERIOD DEFINED.—In this section, the 

term ‘‘application period’’ means the 12-month period beginning 

July 1, 1993. 

COMPLIANCE WITH RULE XIII, CLAUSE 3(f)(1) 

Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the 

House of Representatives, the Committee has inserted at the appropriate place in the report a description of the effects of provisions proposed in the accompanying bill which may be considered, 

under certain circumstances, to change the application of existing 

law, either directly or indirectly. 

The bill provides, in some instances, funding of agencies and activities where legislation has not yet been finalized. In addition, the 

bill carries language, in some instances, permitting activities not 

authorized by law. Additionally, the Committee includes a number 

of general provisions. 

TITLE I—DEPARTMENTAL MANAGEMENT, OPERATIONS, 

INTELLIGENCE, AND OVERSIGHT 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

OPERATIONS AND SUPPORT

The Committee includes language providing funds for executive 

management for operations and support, including funds for official 

reception and representation expenses. 

MANAGEMENT DIRECTORATE

OPERATIONS AND SUPPORT

The Committee includes language providing funds for operations 

and support, including funds for official reception and representation expenses. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

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

RESEARCH AND DEVELOPMENT

The Committee includes language providing funds for research 

and development. 

INTELLIGENCE, ANALYSIS, AND OPERATIONS COORDINATION

OPERATIONS AND SUPPORT

The Committee includes language providing funds for the Office 

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

125 

OFFICE OF INSPECTOR GENERAL

OPERATIONS AND SUPPORT

The Committee includes language providing funds for the Office 

of Inspector General as well as certain confidential operational expenses, including the payment of informants. 

ADMINISTRATIVE PROVISIONS

Language regarding grants or contracts awarded by means other 

than full and open competition and requires the Inspector General 

to review them and report the results to the Committees. 

Language requiring the Secretary to link all contracts that provide award fees to successful acquisition outcomes. 

Language requiring the Secretary, in conjunction with the Secretary of Treasury, to notify the Committees of any proposed transfers from the Department of Treasury Forfeiture Fund to any agency at DHS. 

Language related to official costs of the Secretary and Deputy 

Secretary. 

Language requiring the Secretary to submit reports on visa overstay data and to post border security metrics on its website. 

TITLE II—SECURITY, ENFORCEMENT, AND 

INVESTIGATIONS 

U.S. CUSTOMS AND BORDER PROTECTION

OPERATIONS AND SUPPORT

The Committee includes language making funds available for operations and support, including funds for the transportation of unaccompanied minor aliens; air and marine assistance to other law 

enforcement agencies and humanitarian efforts; purchase or lease 

of vehicles; maintenance, and procurement of marine vessels, aircraft, and unmanned aircraft systems; contracting with individuals 

for personal services; Harbor Maintenance Fee collections; official 

reception and representation expenses; Customs User Fee collections; payment of rental space in connection with preclearance operations; and compensation of informants. The Committee provides 

two-year availability of funds for certain activities. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

The Committee includes language providing funds for procurement, construction, and improvements, to include procurements to 

buy, maintain, or operate aircraft and unmanned aircraft systems. 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

OPERATIONS AND SUPPORT

The Committee includes language providing funds for operations 

and support, including funds for official reception and representation expenses, overseas vetted units, and the operation and maintenance necessary to sustain the daily effectiveness of equipment and 

facilities. The Committee includes language making funds available 

for special operations; compensation to informants; the reimburseVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00125 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
126 

ment of other federal agencies for certain costs; the purchase or 

lease of vehicles; maintenance, minor construction, and minor improvements of owned and leased facilities; the enforcement of child 

labor laws; and paid apprenticeships for the Human Exploitation 

Rescue Operations Corps. The Committee provides two-year availability of funds for certain activities. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

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

TRANSPORTATION SECURITY ADMINISTRATION

OPERATIONS AND SUPPORT

The Committee includes language providing funds for operations 

and support, including funds for official reception and representation expenses, and establishes conditions under which security fees 

are collected and credited. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

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

RESEARCH AND DEVELOPMENT

The Committee includes language providing funds for research 

and development. 

COAST GUARD

OPERATIONS AND SUPPORT

The Committee includes language providing funds for the operations and support of the Coast Guard, including funds for official 

reception and representation expenses; passenger motor vehicles; 

small boats; repairs and service life-replacements; purchase, lease, 

or improvement of other equipment; special pay allowances; recreation and welfare; and defense-related activities. The Committee 

includes language authorizing funds to be derived from the Oil 

Spill Liability Trust Fund. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

The Committee includes language providing funds for the procurement, construction, and improvements, including of aids to 

navigation, shore facilities, vessels, and aircraft. The Committee includes language authorizing funds to be derived from the Oil Spill 

Liability Trust Fund. 

RESEARCH AND DEVELOPMENT

The Committee includes language providing funds for research 

and development, and for maintenance, rehabilitation, lease, and 

operation of related facilities and equipment. The Committee includes language authorizing funds to be derived from the Oil Spill 

Liability Trust Fund, and authorizing funds received from state 

and local governments, other public authorities, private sources, 

127 

and foreign countries to be credited to this account and used for 

certain purposes. 

ENVIRONMENTAL COMPLIANCE AND RESTORATION

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

RETIRED PAY

The Committee includes language providing funds for retired pay 

and medical care for the Coast Guard’s retired personnel and their 

dependents and makes these funds available until expended. 

UNITED STATES SECRET SERVICE

OPERATIONS AND SUPPORT

The Committee includes language that provides funds for operations and support, to include funds for the purchase and replacement of vehicles; hire of passenger motor vehicles and aircraft; purchase of motorcycles; rental of certain buildings; improvements to 

buildings as may be necessary for protective missions; firearms 

matches; presentation of awards; behavioral research; advance payment for commercial accommodations; per diem and subsistence allowances; official reception and representation expenses; grant activities related to missing and exploited children investigations; 

and technical assistance and equipment provided to foreign law enforcement organizations. The Committee provides for two-year 

availability of funds for certain activities. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

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

RESEARCH AND DEVELOPMENT

The Committee includes language providing funds for research 

and development. 

ADMINISTRATIVE PROVISIONS

Language regarding overtime compensation. 

Language allowing CBP to sustain or increase operations in 

Puerto Rico. 

Language regarding the availability of COBRA fee revenue. 

Language allowing CBP access to certain reimbursements for 

preclearance activities. 

Language regarding the importation of prescription drugs by an 

individual for personal use. 

Language regarding waivers of the Jones Act. 

Language prohibiting funds from being used by DHS to approve, 

license, facilitate, authorize, or allow the trafficking or import of 

property confiscated by the Cuban Government. 

Language allowing the Secretary to reprogram funds within and 

transfer funds to ‘‘U.S. Immigration and Customs Enforcement— 

Operations and Support’’ to ensure the detention of aliens 

prioritized for removal. 

128 

Language prohibiting the use of funds provided under the heading ‘‘U.S. Immigration and Customs Enforcement—Operations and 

Support’’ for the 287(g) program if the terms of the agreement governing the delegation of authority have been materially violated. 

Language prohibiting the use of funds provided under the heading ‘‘U.S. Immigration and Customs Enforcement—Operations and 

Support’’ to contract for detention services if a facility receives less 

than ‘‘adequate’’ ratings in two consecutive performance evaluations. 

Language clarifying that certain elected and appointed officials 

are not exempt from federal passenger and baggage screening. 

Language directing the deployment of explosives detection systems based on risk and other factors. 

Language authorizing TSA to use funds from the Aviation Security Capital Fund for the procurement and installation of explosives detection systems or for other purposes authorized by law. 

Language prohibiting funds made available by this Act under the 

heading ‘‘Coast Guard–Operations and Support’’ for recreational 

vessel expenses, except to the extent fees are collected from owners 

of yachts and credited to this appropriation. 

Language allowing up to $10,000,000 to be reprogrammed to or 

from Military Pay and Allowances within ‘‘Coast Guard—Operations and Support’’. 

Language directing the Coast Guard to submit a future-years 

capital investment plan. 

Language allowing the Secret Service to obligate funds in anticipation of reimbursement for personnel receiving training. 

Language prohibiting funds made available to the Secret Service 

for the protection of the head of a federal agency other than the 

Secretary of Homeland Security, except when the Director has entered into a reimbursable agreement for such protection services. 

Language allowing the reprogramming of funds within ‘‘United 

States Secret Service—Operations and Support’’. 

Language allowing for funds made available for ‘‘United States 

Secret Service—Operations and Support’’ to be available for travel 

of employees on protective missions without regard to limitations 

on such expenditures in this or any other Act after notification to 

the Committees on Appropriation. 

Language directing the submission of an expenditure plan for 

funds within ‘‘U.S. Customs and Border Protection—Procurement, 

Construction, and Improvements,’’ and prohibiting the obligation of 

funds without prior approval of the plan from the Committees on 

Appropriations of the Senate and the House of Representatives. 

Language providing an additional $1,000,000 to ‘‘Coast Guard— 

Operations and Support’’. 

TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND 

RECOVERY 

NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

OPERATIONS AND SUPPORT

The Committee includes language providing funds for operations 

and support, including funds for official reception and representaVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00128 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
129 

tion expenses. The Committee provides for two-year availability of 

funds for certain activities. 

FEDERAL PROTECTIVE SERVICE

The Committee includes language making funds available until 

expended for the operations of the Federal Protective Service. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

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

RESEARCH AND DEVELOPMENT

The Committee includes language providing funds for research 

and development. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

OPERATIONS AND SUPPORT

The Committee includes language providing funds for operations 

and support, including funds for official reception and representation expenses. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

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

FEDERAL ASSISTANCE

The Committee includes language providing funds for grants, 

contracts, cooperative agreements, and other activities, including 

for terrorism prevention; public transportation and railroad security; port security; firefighter assistance; emergency management; 

predisaster mitigation; flood hazard mapping and risk analysis; 

emergency food and shelter; education, training, exercises, and 

technical assistance; and other programs. 

DISASTER RELIEF FUND

The Committee includes language making funds available until 

expended for the Disaster Relief Fund. 

NATIONAL FLOOD INSURANCE FUND

The Committee includes language making funds available for 

mission support associated with flood management and programs 

and activities under the National Flood Insurance Fund, including 

flood plain management and flood mapping. The Committee includes provisions making funds available for interest on Treasury 

borrowings and limiting amounts available for operating expenses, 

commissions and taxes of agents, and flood mitigation activities associated with the National Flood Insurance Act of 1968. The Committee includes language permitting additional fees collected to be 

credited as an offsetting collection and available for floodplain management; providing that not to exceed four percent of the total appropriation is available for administrative cost; and making funds 

available for the Flood Insurance Advocate. 

130 

ADMINISTRATIVE PROVISIONS

Language limiting expenses for administration of grants. 

Language specifying timeframes for grant applications and 

awards. 

Language requiring five day advance notification for certain 

grant awards under ‘‘FEMA—Federal Assistance’’. 

Language providing the availability of certain grant funds for the 

installation of communications towers. 

Language requiring the submission of the monthly Disaster Relief Fund report. 

Language permitting waivers from requirements of section 34 of 

the Federal Fire Prevention and Control Act of 1974. 

Language providing for the receipt and expenditure of fees collected for the Radiological Emergency Preparedness Program, as 

authorized by Public Law 105–276. 

Language prohibiting the denial of continued rental assistance to 

an individual or a household on the basis of income. 

TITLE IV—RESEARCH, DEVELOPMENT, TRAINING, AND 

SERVICES 

U.S. CITIZENSHIP AND IMMIGRATION SERVICES

OPERATIONS AND SUPPORT

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

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

The Committee includes language making funds available for the 

E-Verify program for procurement, construction, and improvements. 

FEDERAL LAW ENFORCEMENT TRAINING CENTERS

OPERATIONS AND SUPPORT

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

Committee provides two-year availability of funds for certain activities. 

SCIENCE AND TECHNOLOGY DIRECTORATE

OPERATIONS AND SUPPORT

The Committee includes language providing funds for operations 

and support, including the purchase or lease of vehicles and official 

reception and representation expenses. The Committee provides 

two-year availability of funds for certain activities. 

RESEARCH AND DEVELOPMENT

The Committee includes language providing funds for research 

and development. 

131 

COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

OPERATIONS AND SUPPORT

The Committee includes language providing funds for operations 

and support, including official reception and representation expenses. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

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

RESEARCH AND DEVELOPMENT

The Committee includes language providing funds for research 

and development. 

FEDERAL ASSISTANCE

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

other activities. 

ADMINISTRATIVE PROVISIONS

Language allowing USCIS to acquire, operate, equip, and dispose 

of up to five vehicles under certain scenarios. 

Language prohibiting USCIS from granting immigration benefits 

unless the results of background checks are completed prior to the 

granting of the benefit and the results do not preclude the granting 

of the benefit. 

Language limiting the use of A–76 competitions by USCIS. 

Language making immigration examination fee collections explicitly available for immigrant integration grants, not to exceed 

$10,000,000, in fiscal year 2019. 

Language authorizing FLETC to distribute funds for incurred 

training expenses. Language directing the FLETC Accreditation 

Board to lead the federal law enforcement training accreditation 

process to measure and assess federal law enforcement training 

programs, facilities, and instructors. 

Language establishing a ‘‘Federal Law Enforcement Training 

Centers—Procurement, Construction, and Improvements’’ account 

for fiscal year 2019, and allowing for the acceptance of transfers 

from other government agencies into this account. 

Language classifying FLETC instructor staff as inherently governmental for certain considerations. 

Language allowing for the sale of federal property and assets on 

Plum Island, New York, in a manner consistent with standard federal asset disposition. 

TITLE V—GENERAL PROVISIONS 

Language limiting the availability of appropriations to one year 

unless otherwise expressly provided. 

Language that unexpended balances of prior year appropriations 

may be merged with new appropriation accounts and used for the 

same purpose, subject to reprogramming guidelines. 

132 

Language limiting authority to reprogram funds within an appropriation above a specified threshold unless the Department provides notification to the Committees on Appropriations of the Senate and the House of Representatives at least 15 days in advance; 

and providing authority to transfer not more than 5 percent between appropriations accounts, with a requirement for a 30-day advance notification. A detailed funding table identifying each congressional control level for reprogramming purposes is included at 

the end of this report. 

Language prohibiting funds appropriated or otherwise made 

available to the Department to make payment to the Working Capital Fund (WCF), except for activities and amounts allowed in the 

President’s fiscal year 2019 budget request. Funds provided to the 

WCF are available until expended. The Department can only 

charge components for direct usage of the WCF and these funds 

may be used only for the purposes consistent with the WCF uses 

of the contributing component. Any funds paid in advance or for reimbursement must reflect the full cost of each service. The Department shall submit a notification prior to adding a new activity to 

the fund or eliminating an existing activity from the fund. For activities added to the fund, such notifications shall detail the source 

of funds by PPA. In addition, the Department shall submit quarterly WCF execution reports to the Committees that include activity-level detail. 

Language providing that not to exceed 50 percent of unobligated 

balances from prior year appropriations for each Operations and 

Support appropriation shall remain available through fiscal year 

2020, subject to section 503 reprogramming requirements. 

Language that deems intelligence activities to be specifically authorized during fiscal year 2019 until the enactment of an Act authorizing intelligence activities for fiscal year 2019. 

Language requiring notification to the Committees at least three 

days before DHS executes or announces grant allocations; grant 

awards; contract awards, including contracts covered by the Federal Acquisition Regulation; other transaction agreements; letters 

of intent; a task or delivery order on multiple award contracts totaling $1,000,000 or more; a task or delivery order greater than 

$10,000,000 from multi-year funds; or sole-source grant awards. 

Notifications shall include a description of projects or activities to 

be funded and their location, including city, county, and state. 

Language prohibiting all agencies from purchasing, constructing, 

or leasing additional facilities for federal law enforcement training 

without advance notification to the Committees. 

Language prohibiting the use of funds for any construction, repair, alteration, or acquisition project for which a prospectus, if required under chapter 33 of title 40, United States Code, has not 

been approved. 

Language that consolidates by reference prior-year statutory provisions related to a contracting officer’s technical representative 

training; sensitive security information; and the use of funds in 

conformance with section 303 of the Energy Policy Act of 1992. 

Language prohibiting the use of funds in contravention of the 

Buy American Act. 

133 

Language prohibiting the use of funds to amend the oath of allegiance required by section 337 of the Immigration and Nationality 

Act. 

Language prohibiting DHS from using funds to carry out reorganization authority. 

Language prohibiting funds for planning, testing, piloting, or developing a national identification card. 

Language directing that any official required by this Act to report or certify to the Committees on Appropriations may not delegate such authority unless expressly authorized to do so in this 

Act. 

Language prohibiting the use of funds for the transfer or release 

of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, into or within the United States. 

Language prohibiting funds in this Act to be used for first-class 

travel. 

Language prohibiting the use of funds to employ illegal workers 

as described in Section 274A(h)(3) of the Immigration and Nationality Act. 

Language prohibiting funds appropriated or otherwise made 

available by this Act to pay for award or incentive fees for contractors with below satisfactory performance or performance that fails 

to meet the basic requirements of the contract. 

Language prohibiting the use of funds to enter into a federal contract unless the contract meets requirements of the Federal Property and Administrative Services Act of 1949 or chapter 137 of title 

10 U.S.C., and the Federal Acquisition Regulation, unless the contract is otherwise authorized by statute without regard to this section. 

Language requiring DHS computer systems to block electronic 

access to pornography, except for law enforcement purposes. 

Language regarding the transfer of firearms by federal law enforcement personnel. 

Language regarding funding restrictions and reporting requirements related to conferences occurring outside of the United States. 

Language prohibiting funds to reimburse any federal department 

or agency for its participation in a National Special Security Event. 

Language requiring a notification, including justification materials, prior to implementing any structural pay reform that affects 

more than 100 full-time positions or costs more than $5,000,000. 

Language directing the Department to post on a public website 

reports required by the Committees on Appropriations unless public posting compromises homeland or national security or contains 

proprietary information. 

Language authorizing minor procurement, construction, and improvements under Operations and Support appropriations. 

Language related to the Arms Trade Treaty. 

Language to authorize DHS to fund, out of existing discretionary 

appropriations, the expenses of primary and secondary schooling of 

eligible dependents in areas and territories that meet certain criteria. 

Language providing an additional $41,000,000 for ‘‘Federal 

Emergency Management Agency—Federal Assistance’’ to reimburse 

extraordinary law enforcement personnel overtime costs for protecVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00133 Fmt 6659 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
134 

tion activities directly and demonstrably associated with a residence of the President that is designated for protection. 

Language permitting Members of Congress access to detention 

facilities for oversight purposes. 

Language prohibiting the detention or removal of Deferred Action for Childhood Arrivals participants who also serve or served 

in the U.S. Armed Forces. 

Language prohibiting funds to be used to pay for or facilitate an 

abortion for individuals in ICE custody except in certain circumstances. 

Language amends the Stafford Act (42 U.S.C. 4174) to increase 

access for rental assistance following declared national disasters. 

Language extending disaster unemployment assistance by one 

year for disaster declarations for hurricanes Maria and Irma. 

Language amending the Immigration and Nationality Act (8 

U.S.C. 1101(a)(15)(H)(ii)(a)) to extend eligibility to agricultural 

work without regard to the seasonality of the labor. 

Language restoring a two-year ‘‘look back’’ within the H–2B seasonal guest worker visa program; exempting a certain number of 

return workers from the overall cap; and establishing a system to 

allow a proportional number of visas for businesses when there is 

a higher demand for visas than the total number authorized. 

Language prohibiting funding to deny certain Native American 

tribal members the right to cross the U.S.-Canada border. 

Language providing flexibility under the FEMA public assistance 

statute of limitations. 

Language removing per-country limits for employment-based immigrants; and increasing the per-country numerical limitation for 

family based immigrants. 

Language transferring $95,000,000 for the procurement activities 

for a twelfth National Security Cutter from prior year ‘‘Science and 

Technology Directorate—Research and Development’’ unobligated 

balances. 

Language prohibiting the use of funds to release certain criminal 

alien detainees from federal custody. 

Language prohibiting the implementation of USCIS Policy Memo 

602–0162 and the memorandum from the Principal Legal Advisor 

on Litigating Domestic Violence-Based Persecution Claims Following Matter of A–B. 

Language prohibiting the use of funds to use restraints on pregnant detainees in DHS custody except in certain circumstances. 

Language prohibiting the use of funds for the destruction of 

records related to the sexual abuse or assault of detainees in custody. 

Language prohibiting the use of funds for the removal of noncitizens who are DACA recipients. 

Language specifying the amount by which new budget authority 

in the bill is less than the fiscal year 2019 budget allocation. 

APPROPRIATIONS NOT AUTHORIZED BY LAW

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


Insert offset folio 136 here HR948.013

FY 2019 Schedule of Unauthorized Appropriations 

,..._. ...... ,,.,"'""'""'""'""" ................... ...,..., .... "'"- ........... w. ......................... "', 

Agency/Program LastYearof Authorized Lwei 

Authorization 

Customs and Border Protection, Operations and Support 20041 $3,083,25!)2 

Customs and Border Protection, International Cargo 20!0' $153,300 Screening Customs and Border Protection, Customs-Trade 2010/20127 $75,600/$21,000 Partnership Against Terrorism (C-TPAT) 

Customs and Border Protection, Automated Targeting 201010 $37,485 Systems 

Customs and Border Protection, Automated 201812 $153,736 Commercial Environment 

1 P. L. 107-210, Sec. 311 

2 P. L. 107-210 authorized what was formerly U.S. Customs Service (does not include Border Patrol). 

3 U.S. Customs Service operations only (does not include Border Patrol). 

Appropriation in Last 

Year of Authorization 

$4,396,750' 

$162,000 

$62,612/$44,979' 

$34,560 

N/A 

Appropriations FY 17/18 Authorize

in this bill Plans 

Oversight hearing

$12,002,0724 plans to auth

appropriatio

Oversight hearing

$3,!52,5956 plans to auth

appropriatio

Oversight hearing

$3,007,9289 plans to auth

appropriati

Oversight hearin

$261,737 11 plans to auth

appropriati

Oversight hearin

$252,7!513 plans to auth

appropriati

4 Funding recommended for fiscal year 2019 is for the U.S. Customs and Border Protection, Operations and Support appropriation. This is not a true comparison to th

legacy "Salaries and Expenses" appropriation. 

5 P. L. 109-347, Sec. 205(m) 

6 Funding recommended for fiscal year 2019 is for the t/Domestic Operations'' and "International Operations" within the "Trade and Travel Operations" PPA

This is not a true comparison to the legacy "International Cargo Screening" PPA. 

7 P. L. 109-347, Sec. 223(a) authorized operations forfiscal year 2010 and personnel through fiscal year 2012. 

'Funding provided for fiscal year 2010 and for fiscal year 2012 include personnel and operations. 

9 This is not a true comparison to the legacy "Customs-Trade Partnership Against Terrorism (C-TPAT)" PPA. These funds have been realigned to the "Domestic Opera

sub-PPA within the "Trade and Travel Operations" PPA. 

10 P. L. 109-347, Sec. 203(g) 

11 This is not a true comparison to the legacy "Automated Targeting Systems" PPA. These funds have been realigned to the "Targeting Operations" sub-PPA within th

"Trade and Travel Operations" PPA. 

12 P. L. 114-125, Sec. 106 requires that funding shall not be less than this amount. 13 This is not a true comparison to the legacy "Automated Commercial Environment" PPA; however, the preponderance of these funds were realigned into the "Offic

Trade" sub-PPA within the "Trade and Travel Operations" PPA. 

Insert offset folio 137 here HR948.014

Customs and Border Protection, Air and Marine 200414 $175,000 $240,200 $331,28715 Interdiction, Operations, Maintenance, and Procurement 

Immigration and Customs Enforcement, Operations and 200316 $4,131,000 N/A $7,333,07917 Support 

Immigration and Customs Enforcement, Angel Watch 201818 $6,000 N/A $5,00019 Center 

Transportation Security Administration, Aviation 201120 Such sums $3,119,54621 $5,000,93922 Security 

Transportation Security Administration, EDS/ETD 2007'3 $400,000 $524,400 $150,3837A Systems Transportation Security Surface 201125 $22,800 $105,96126 $73,81827 Transportation Security Inspectors 

Transportation Security Administration, Surface 

Transportation Security, National Explosives Detection 201128 Such sums $103,022 $161,686 

Canine Team Program 

14 P. L. 107-210, Sec. 311 

15 These funds have been realigned to the "Air and Marine Operations" sub-PPA that exists both within the "Integrated Operations" PPAs. 

16 P.l. 107-273, Sec.101-102 

Oversight hearin

plan.-; to auth

aoorooriati

Oversight hearin

plans to auth

appropriati

Oversight hearin

plans to auth

appropriati

Oversight hearin

plans to auth

appropriati

Oversight hearin

plans to auth

appropriati

Oversight hearin

plans to auth

appropriati

Oversight hearin

plans to auth

appropriati

17 Funding recommended for fiscal year 2019 is for United States Immigration and Customs Enforcement, Operations and Support. This is not a true comparison to th

legacy "Salaries and Expenses" appropriation. 

18 P.L. 114-119, Sec. 4(a) 19 Recommended funding is part of the l/Homeland Security Investigations, Domestic Investigations" sub-PPAwithin the "Operations and Support" appropriation. Se

report language within Title II, United States Immigration and Customs Enforcement for more information. 

10 P.L. 110-53, Sec. 1618 

21 Net appropriations after offsetting fee collections (non-mandatory). 

22 Funding recommended for fiscal year 2019 is for the "Aviation Screening Operations" PPA within the "Operations and Support" appropriation and is the gross amo

before offsetting fee collections. This is not a true comparison to the legacy 1'Aviation Security" appropriation. 

23 P.L. 108-458, Sec. 4019 

24 These funds have been realigned to the "Aviation Screening Infrastructure" PPA within the "Procurement, Construction, and Improvements" appropriation and to 

"Research and Development" appropriation. 

25 P.L. 110-53, Sec. 13040) 

26 Funding level includes surface inspectors, canines, staffing, and operations. 

27 These funds have been realigned to the "Other Operations and Enforcement, Surface Programs" sub-PPA within the "Operations and Support" appropriation. 

28 P.L. 110-53, Sec. 1307(g) 

Insert offset folio 138 here HR948.015

Oversight hearin

Transportation Security Administration. Transportation 200529 Such sums $115,000'0 $132,29431 plans to auth

Threat Assessment and Credentialing appropriatio

Oversight hearin

Transportation Security Administration, Federal Air 200732 $83,000 $699,294 $755,57833 Marshal plans to auth

Service appropriati

201734 $6,981 ,03635 $6,987,81535 $7,620,30935 T &I plans to au

United States Coast Guard, Operations and Support appropriations fo

United States Coast Guard, Environmental Compliance 201734 $16,701 $13,315 $13.429 T &I plans to au

and Restoration '!EEJ:Opriations fo

201734 $140,016 $112,302 $117,655 T &I plans to au

United States Coast Guard, Reserve Training '!EEJ:Opriations fo

United States Coast Guard, Procurement, Construction. 2017 34 $1,945,000 $1,247,155 $1,524,750 T&l plans to au

and Improvements ~opriations fo

T&l plans to au

United States Coast Guard, Research and Development 20J734 $19,890 $18,319 $19,109 appropriations fo

Oversight hearin

NPPD, Infrastructure Protection and Information 201236 Such sums $888,243 $1,550,11237 plans to auth

Security appropriati

Oversight hearin

FEMA, Salaries and Expenses 201038 $375,342 $797,650 $1,057,59939 plans to auth

appropriati

Oversight hearin

FEMA, Integrated Public Alert and Warning System 201840 Such sums N/A $ll,670 plans to auth

(!PAWS) appropriati

29 P.L 107-71, Sec. 101 

30 Includes the Maritime and Land Security PPA and Credentialing Activities PPA. 

31 Funding recommended for fiscal year 2019 is for the "Other Operations and Enforcement, Vetting Programs" and "Other Operations and Enforcement, Intelligence 

TSOC" sub-PPAs within the "Operations and Support" appropriation, and the "Infrastructure lor Other Operations, Vetting Programs" sub-PPA within the Procureme

Construction, and Improvements appropriation. 

" P.L 108-458, Sec. 4016 

33 Funding for the Federal Air Marshals Service is in the "Other Operations and Enforcement, In-Flight Security" sub-PPA, The recommended funding level is lor that s

PPA. 

34 P.L 114-120, Sec. 101 

35 Amounts for Coast Guard Operating Expenses excludes amounts appropriated for Overseas Contingency Operations/Global War on Terror. 

36 P.L 110-53, Sec. 541 

37 Represents all defense categorized funding recommended for the National Protection and Programs Directorate. 

38 P.L 109-295, Sec. 699 

39 Funding recommended for fiscal year 2019 is for Federal Emergency Management Agency1 Operations and Support. This is not a true comparison to the legacy 

"Salaries and Expenses~~ appropriation. 

40 P.L. 114-143, Sec. 2(c) 

Insert offset folio 139 here HR948.016

FEMA, State and Local Programs 

Port Security Grants 

Rail/Mass Transit Grants 

Amtrak Security 

Over the Road Bus Security 

National Domestic Preparedness Consortium 

Center for Domestic Preparedness 

FEMA, Urban Search and Rescue Response System 

FEMA, Emergency Management Performance Grants 

FEMA, National Predisaster Mitigation Fund 

FEMA, Emergency Food and Shelter 

41 P,L 109-347, Sec, 112 

42 P.L 110-53 

"P,L 110·53, Sec, 1514(d) 

44 6 U.S.C 1182 

45 P.L 110-53, Sec. 1204 

46 P,L 109·295, Sec. 634 

47 P,L 110·53, Sec. 201 

48 P.L 109-139, Sec, 2 

49 P.L 102·550, Sec. 1431 

2011 41 

201142 

201143 

2011 44 

201145 

2011 32 

200846 

201247 

2013411 

199449 

$400,000 $250,000 

$1,108,000 $250,000 

$175,000 $20,000 

$25,000 $5,000 

$25,500 N/A 

$66,000 N/A 

$45,000 $36,700 

$950,000 $350,000 

$200,000 $25,000 

$188,000 N/A 

Oversight hearin

plans to auth

appropriati

Oversight hearin

$100,000 plans to auth

appropriati

Oversight hearin

$103,000 plan., to auth

appropriati

Oversight hearin

$10,000 plans to auth

appropriati

Oversight hearin

$7,000 plans to auth

appropriati

Oversight hearin

$101,000 plans to auth

appropriati

Oversight hearin

$63,939 plans to auth

appropriati

Oversight hearin

$45,330 plans to auth

appropriati

Oversight hearin

$350,000 plans to auth

appropriati

Oversight hearin

$249,200 plans to auth

appropriati

Oversight hearin

$120,000 plans to auth

appropriati
139 

COMPARISON WITH BUDGET RESOLUTION

Section 308(a)(1)(A) of the Congressional Budget Act requires the 

report accompanying a bill providing new budget authority to contain a statement comparing the levels in the bill to the suballocations submitted under section 302(b) of the Act for the most recently agreed to concurrent resolution on the budget for the applicable fiscal year. That information is provided in the table headed 

‘‘Comparison of Reported Bill to Section 302(b) Suballocation.’’ 

[In millions of dollars] 

302(b) allocation This bill 

Budget 

Authority Outlays Budget Authority Outlays 

General Purpose Discretionary ....................................................... 58,087 59,384 58,095 1 59,406 

Mandatory ...................................................................................... 1,740 1,736 1,740 1,736 

1 Includes outlays from prior-year budget authority. 

FIVE YEAR OUTLAY PROJECTIONS

In compliance with section 308(a)(1)(B) of the Congressional 

Budget Act of 1974 (Public Law 93–344), as amended, the following 

table contains five-year projections associated with the budget authority provided in the accompanying bill: 

Millions 

Budget Authority: 

Outlays: 

2019 ...................................................................................................................... 1 $31,896 

2020 ...................................................................................................................... 9,967

2021 ...................................................................................................................... 7,631

2022 ...................................................................................................................... 2,629

2023 and future years ......................................................................................... 5,515 1 Excludes outlays from prior-year budget authority. 

ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

In accordance with section 308(a)(1)(C) of the Congressional 

Budget Act of 1974 (Public Law 93–344), as amended, the financial 

assistance to State and local governments is as follows: 

Millions 

Budget Authority ........................................................................................................ $6,939 

Fiscal Year 2019 outlays resulting therefrom .......................................................... 1 613 1 Excludes outlays from prior-year budget authority. 

PROGRAM DUPLICATION

No provision of this bill establishes or reauthorizes a program of 

the Federal Government know to be duplicative of another federal 

program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 

of Public Law 111–139, or a program identified in the most recent 

Catalog of Federal Domestic Assistance. 

DIRECTED RULE MAKING

Neither the bill nor report contain any provision that specifically 

directs the promulgation or completion of a rule. 

140 

DETAILED EXPLANATIONS IN REPORT

The following table contains detailed funding recommendations 

at the program, project, and activity (PPA) level. 


Insert graphic folio 142 28046A.001

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

TITLE I 

DEPARTMENT OF HOMELAND SECURITY 

DEPARTMENTAL MANAGEMENT, OPERATIONS, 

INTELLIGENCE, & OVERSIGHT 

Office of the Secretary and Executive Management 

Operations and Support 

Office of the Secretary. . . . . . . .................. . 

Office of Policy ................................. . 

Office of Public Affairs ....................... . 

Office of Legislative Affairs .................... . 

Office of Partnership and Engagement ............. . Office of General Counsel ........................ . 

Office for Civil Rights and Civil Liberties ... . 

Office of the Citizenship and Immigration Services Ombudsman ...................................... . 

Privacy Office ............................ . 

House full committee amendment (Mgrs Arndt) .. 

House full committee amendment (Harris) ..... 

FY 2018 

Enacted 

18,846 

40,524 

5' 123 

5,000 

13,373 

18,501 

23,571 

6,200 

8,464 

FY 2019 

Request 

17' 874 

34,683 

5,085 

4,992 

12,656 

19' 463 

20,825 

5,879 

7,403 

Bill 

17' 874 

38,483 

5,085 

4,992 

14,294 

19,463 

25,071 

6,200 

8,464 

-5,816 

-6,000 

Bill vs. 

Enacted 

-972 

-2,041 

-38 

-8 

+921 

+962 

+1 ,500 

--- 

--- 

-5,816 

-6,000 

-------------- -------------- ------

Subtotal, Operations and Support .......... . 139,602 128,860 128,110 -11 '492 

-------------- -------------- ------

Total, Office of the Secretary and Executive 

Management ................................ . 139,602 128,860 128,110 -11 ,492 

Insert graphic folio 143 28046A.002

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Management Directorate 

Operations and Support 

Immediate Office of the Under Secretary for Management .......................... . 

Office of the Chief Readiness Support Officer ... . Office of the Chief Human Capital Officer ...... . Office of the Chief Security Officer ........... . 

Office of the Chief Procurement Officer .. 

Office of the Chief Financial Officer ..... . 

Office of the Chief Information Officer ..... . 

House full committee amendment (Mgrs Amdt) ...... . 

Subtotal, Operations and Support ............ . 

Procurement, Construction, and Improvements Construction and Facility Improvements ........... . Mission Support Assets and Infrastructure ..... . 

Subtotal, Procurement Construction, and 

Improvements ....... . 

Research and Development ... 

Subtotal, Research and Development .. 

Total, Management Directorate ..... . 

FY 2018 

Enacted 

6,770 

71,105 

71,052 

74,963 

102,615 

63,734 

320,058 

710,297 

29,569 

29,569 

2,545 

2,545 

742,411 

FY 2019 

Request 

7,730 

90,413 

107,606 

78,868 

103,197 

64,873 

382,017 

834,704 

171 '149 

74,920 

246,069 

2,545 

2,545 

1,083,318 

Bi 11 

7,730 

90,413 

11B,430 

78,868 

103,197 

64,873 

382,017 

-2,816 

842 ,712 

74,920 

74,920 

2,545 

2,545 

920' 177 

Bill vs. 

Enacted 

+960 

+19,308 

+47,378 

+3,905 

+582 

+1 '139 

+61 ,959 

-2,816 

+132,415 

+45,351 

+45,351 

+177 '766 

-

-

-

Insert graphic folio 144 28046A.003

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Intelligence, Analysis, and Operations Coordination 

Operations and Support. . . . . . ........................ . 

Subtotal, Operations and Support .......... . 

Total, Intelligence, Analysis, and Operations Coordination .......................... . 

Office of Inspector General 

Operations and Support ..... . 

Subtotal, Operations and Support ..... . 

(Transfer from Disaster Relief Fund) .... . Total, Office of Inspector General. 

(By transfer) ............................ . 

Gross Budget Authority, Office of Inspector General .................................. . 

FY 2018 

Enacted 

245,905 

245,905 

245,905 

168,000 

-~~~-~..,.w~--~--

168,000 

---

168,000 

(168,000) 

FY 2019 

Request 

253,253 

253,253 

253,253 

138,369 

--------

... 

-----

138,369 

(24,000) 

138,369 

(24,000) 

( 162' 369) 

Bi 11 

259,253 

259,253 

259,253 

168,001 

.. w------ ~ .. ----

168,001 

---

168,001 

---

(168,001) 

Bill vs. 

Enacted 

+13,348 

+13,348 

+13,348 

+1 

__________ .,. ___ 

------

+1 

- - ( 

+1 

--- ( 

(+1) 

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

Total, Title I, Departmental Management, Operations, Intelligence, and Oversight .. (Discretionary Funding). 

By transfer .. 

1,295,918 1,603,800 1,475,541 +179,623 -

( 1 '295' 918) (1,603,800) ( 1 '475' 541) (+179,623) (-1

(24,000) .. - - ( 

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

Insert graphic folio 145 28046A.004

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

TITLE II - SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

U.S. Customs and Border Protection 

Operations and Support 

Border Security Operations 

U.S. Border Patrol 

Operations ................................... . 

As sets and Support . . ............. . 

Office of Training and Development .. 

Subtotal, Border and Security Operations .... 

Trade and Travel Operations 

Office of Field Operations 

Domestic Operations .......... . 

International Operations .. . 

Targeting Operations ..... . 

Assets and Support ..... . 

Office of Trade ................... . 

Office of Training and Development ...... . 

FY 2018 

Enacted 

3,706,547 

625' 151 

64,145 ~~~ ·- ~ ~-- 4,395,843 

2,818,122 

130,270 

211,797 

870,657 

234,201 

49,195 

FY 2019 

Request 

3,987,892 

708,952 

82,263 

Bill 

3,843,187 

654,917 

55' 124 

·- -~~ .. ~~ --~--- ~~ .. -

4, 779,107 4,553,228 

2,780,958 3,007,928 

156,669 144,667 

253,492 261,737 

876,866 902' 174 

272,118 252,715 

47,268 47,268 

Bill vs. 

Enacted 

+136,640 -

+29,766 

-9,021 

--~ .. ~-- ...... - ---

--

+157,385 

+189,806 

+14,397 

+49,940 

+31 '517 

+18,514 

-1 '927 

-

+

+

---~----------

-------------- ---

.. 

------

... ~-- __________ ,. ___ Subtotal, Trade and Travel Operations .. 4,314,242 4,387,371 4,616,489 +302,247 +

Insert graphic folio 146 28046A.005

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2D18 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Integrated Operations 

Air and Marine Operations Operations ....... . 

Assets and Support. . . . ........................ . 

Air and Marine Operations Center ............. . Office of International Affairs .................. . 

Office of Intelligence ............................ . 

Office of Training and Development ......... . Operations Support ................................ . 

FY 2018 

Enacted 

291,479 

535,046 

38,149 

35' 176 

53,794 

6' 110 

106,225 

FY 2019 

Request 

310,176 

531 ,231 

45,846 

44,244 

64,696 

5,633 

109,762 

Bill 

331,287 

531 '231 

37,812 

39,636 

66,049 

6,010 

107,416 

Bill vs. 

Enacted 

+39,808 

-3,815 

-337 

+4,460 

+12,255 

-100 

+1 '191 

~-~~~~~-------

-------~·-----

--------·----- --------------

------

Subtotal, Integrated Operations ... 1,065,979 1 '111 '588 1,119,441 +53,462 

Mission Support 

Enterprise Services .............................. . 1,426,209 1,508,632 1,468,758 +42,549 

(Harbor Maintenance Trust Fund) ....... . (3,274) (3,274) (3,274) --- 

Office of Professional Responsibility .. 182,131 224,871 187,651 +5,520 

Executive Leadership and Oversight ............... . 100,760 108,074 106,505 +5,745 

-------------- -------------- -------------- -------------- ------

Subtotal, Mission Support ... 1 '709' 100 1,841,577 1,762,914 +53,814 

Adjustment to Base Pay Reduction ..... -50,000 -50,000 

-~------ ......................................... ---

.. 

-

.. 

- ---.. .. - ---- -- - 

Subtotal, Operations and Support ...... . 11 '485' 164 12,119,643 12,002,072 +516,908 -

Insert graphic folio 147 28046A.006

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Procurement, Construction, and Improvements Border Security Assets and Infrastructure .. . 

Trade and Travel Assets and Infrastructure ....... . 

Integrated Operations Assets and Infrastructure 

Airframes and Sensors ........................ . 

Watercraft .................................... . 

Other Systems and Assets. . . . . . . . . .......... . 

Construction and Facility Improvements ........ . Mission Support Assets and Infrastructure .. . 

Subtotal, Procurement, Construction, and 

Improvements ............ . 

CBP Services at User Fee Facilities (Small Airport) (Permanent Indefinite Discretionary) ...... . 

Fee Funded Programs 

Immigration Inspection User Fee ... . 

Immigration Enforcement Fines ...... . 

Electronic System for Travel Authorization (ESTA) Fee......... . ............................. . 

Land Border Inspection Fee ....................... . 

COBRA Passenger Inspection Fee 

APHIS Inspection Fee. 

FY 2018 

Enacted 

1 '741 . 701 

263,640 

190,035 

8,573 

1 '200 

59,775 

16,433 

2,281,357 

9,001 

(732,834) 

( 1 '000) 

(62,480) 

(48,476) 

(562,151) 

(534,515) 

FY 2019 

Request 

1,647,304 

44,237 

83,241 

48,222 

18,544 

1,841,548 

8,941 

(769,636) 

(676) 

(218,900) 

(53,512) 

(594,978) 

(539,325) 

Bi 11 

5,000,000 

301,237 

142,241 

48,222 

18,544 

5,510.244 

8,941 

(769,636) 

(676) 

(61 '900) 

(53,512) 

(594,978) 

(539,325) 

Bill vs. 

Enacted 

+3,258,299 

+37,597 

-47,794 

-8,573 

-1,200 

-11,553 

+2,111 

+3,228,887 

-60 

(+36,802) 

( -324) 

(·580) 

(+5,036) 

(+32,827) 

(+4,810) 

+3,

+

+3,

( -

Insert graphic folio 148 28046A.007

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Global Entry Fee. . . . , ... , .. , ................ , .. Puerto Rico Trust Fund., .. ,., ... , .............. . 

Virgin Island Fee.. . .. .................... . 

Customs Unclaimed Goods ....................... . 

9 11 Response and Biometric Exit Account ...... . 

Subtotal, Fee Funded Programs ..... 

Administrative Provisions 

Colombia Free Trade Act Collections .. 

Reimbursable Preclearance ... 

Subtotal, Adminstrative Provisions (Gross) .... 

Reimbursable Preclearance (Offsetting Collections) 

Subtotal, Adminstrative Provisions (Net) ..... . 

Total, U.S. Customs and Border Protection .... ,. (Discretionary Funding) ...................... . 

(Non-Defense) ............... . 

(Discretionary Appropriation) ........... . (Offsetting Collection) .................. . 

Fee Funded Programs ......... , ...... , ... , .... . 

Gross Budget Authority, U.S. Customs and Border 

Protection ....................... . 

FY 2018 

Enacted 

(159,000) 

(92,500) 

(11 '170) 

(5,992) 

(90,550) 

2,300,668 

242,000 

39,000 

281,000 

-39,000 

242,000 

14,017,522 

(14,017,522) 

(14,017,522) 

(14,056,522) 

( -39' 000) 

2,300,668 

16 '357' 190 

FY 2019 

Request 

(165' 961) 

(31 '941) 

(7,795) 

(1 ,461) 

(71 '000) 

2 '455 '185 

255,000 

39,000 

294,000 

-39,000 

255,000 

14,225,132 

( 14' 225' 132) 

(14 ,225' 132) 

( 14' 264' 132) 

(-39,000) 

2 '455 '185 

16,719,317 

Bi 11 

(165 ,961) 

(31 '941) 

(7,795) 

(1 ,461) 

(71 '000) 

2,298,185 

255,000 

39,000 

294,000 

-39.000 

255,000 

17 '776' 257 

(17,776,257) 

(17 ,776,257) 

(17,815,257) 

(-39,000) 

2,298,185 

20,113,442 

Bill vs. 

Enacted 

(+6,961) 

(-60,559) 

(-3,375) 

( -4 '531) 

(-19,550) 

-2,483 

+13,000 

+13,000 

+13,000 

+3,758,735 

(+3,758,735) 

( +3 ,758,735) 

(+3,758,735) 

2,483 

+3,756,252 

-

+3' 

(+3,5

(+3 ,5

( +3 '5

-

+3 '3

Insert graphic folio 149 28046A.008

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

U.S. Immigration and Customs Enforcement 

Operations and Support 

Homeland Security Investigations 

Domestic Investigations ......................... . 

International Investigations ..................... . 

Intelligence.... .. .. .. . .. .. .. .. .. .. .. .. ...... .. 

FY 2018 

Enacted 

1,898,542 

169,178 

85,042 

FY 2019 

Request 

1,385,777 

150,691 

73,799 

Bi 11 

1,621,594 

180,997 

74,794 

Bill vs. 

Enacted 

-276,948 +

+11 ,819 

-10,248 

-------------- -------------- -------------- -------------- ------

Subtotal, Homeland Security Investigations .. 2,152,762 1,610,267 1,877,385 -275,377 +

Enforcement and Removal Operations 

Custody Operations ........ . 3' 075' 686 3,520,476 3,050,447 -25,239 -

Fugitive Operations .................... . 158,805 255,864 149,384 -9,421 -

Criminal Alien Program ... . 319,440 619,109 290,321 -29,119 -

Alternatives to Detention. 187,205 184,446 213,142 +25,937 

Transportation and Removal Program ...... . 369,201 511,058 408,056 +38,855 -

-----~--------

---·---------- ··------------

..... ____________ .... .., .... 

Subtotal, Enforcement and Removal Operations 4,110,337 5,090,953 4' 111 '350 +1 '013 -

Insert graphic folio 150 28046A.009

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Mission Support ................. . 

Office of the Principal Legal Advisor .... 

Subtotal, Operations and Support ............. . 

Procurement, Construction, and Improvements Operational Communications/Information Technology .. . Construction and Facility Improvements ............. . Mission Support Assets and Infrastructure .. 

Subtotal , Procurement 

Improvements. 

Construction, and 

FY 2018 

Enacted 

458,558 

272,318 

6,993,975 

21,839 

29,000 

31,060 

81,899 

FY 2019 

Request 

1,214,436 

305,443 

8,221,099 

30,859 

34,872 

4,700 

70,431 

Bi 11 

1,086,730 

257,614 

7,333,079 

30,859 

34,872 

4,700 

70,431 

Bill vs. 

Enacted 

+628' 172 

-14,704 

+339 '1 04 

+9,020 

+5 '872 

-26,360 

-11 ,468 

-

-

Insert graphic folio 151 28046A.010

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Fee Funded Programs 

Immigration Inspection User Fee .................. . 

Breached Bond/Detention Fund ..................... . 

Student Exchange and Visitor Fee ......... . 

Immigration Examination Fee Account ..... . 

FY 2018 

Enacted 

(135,000) 

(55,000) 

(186' 610) 

FY 2019 

Request 

(135,000) 

(55,000) 

(128,000) 

(207,600) 

Bi 11 

(135,000) 

(55,000) 

(128,000) 

---

Bill vs. 

Enacted 

(-58,610) 

--- (-

-------------- -------------- -------------- -------------- ------

Subtotal, Fee Funded Programs ..... 376,610 525,600 318,000 -58,610 -

--~-----------

-------------- -------------- -------------- ------

Total, U.S. Immigration and Customs Enforcement. 7,075,874 8,291,530 7,403,510 +327,636 -

(Discretionary Funding) ........ ' ... '.' ... ' {7,075,874) (8,291,530) (7,403,510) (+327,636) (-

(Non-Defense) ............................... (7,075,874) (8,291,530) (7,403,510) (+327,636) (-

(Discretonary Appropriation) .............. (7,075,874) (8,291,530) (7,403,510) (+327,636) (-

Fee Funded Programs ........................... 376,610 525,600 318,000 -58,610 -

Gross Budget Authority, U.S. Immigration and 

Customs Enforcement ........................ 7,452,484 8,817,130 7,721,510 +269,026 -1,0

Insert graphic folio 152 28046A.011

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Transportation Security Administration 

Operations and Support 

Aviation Screening Operations Screening Workforce 

Screening Partnership Program .......... . Screener Personnel, Compensation, and Benefits .. Screener Training and Other .................... . 

Airport Management. . . . . . . . . . . . . . . . . . .......... . Canines. . . . . . . . . . . . . . . . .......................... . 

Screening Technology Maintenance ............ . Secure Flight .................................... . 

FY 2018 

Enacted 

184,936 

3,229,026 

232,985 

646,053 

151,764 

397,882 

106' 856 

FY 2019 

Request 

181 '382 

3,191 '783 

218,738 

647,541 

152,226 

382,927 

113,882 

Bi 11 

181 '382 

3,294,783 

218,738 

647,541 

161,686 

382,927 

113,882 

Bill vs. 

Enacted 

-3,554 

+65,757 +

-14,247 

+1 ,488 

+9,922 

-14,955 

+7,026 

~·------------

-------------- -------------- -·------------ ------

Subtotal, Aviation Screening Operations .... 

Other Operations and Enforcement 

Inflight Security 

Federal Air Marshals .... 

Federal Flight Deck Officer and Crew Training .. 

4,949,502 4,888,479 

779,000 779,210 

19,514 19,539 

5,000,939 +51 ,437 +

755,578 -23,422 

22,539 +3,025 

Insert graphic folio 153 28046A.012

Aviation Regulation 

Air Cargo ....... . 

Intelligence and TSOC .. 

Surface programs. 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

FY 2018 

Enacted 

218,535 

102,721 

79,790 

129,316 

FY 2019 

Request 

171,905 

103,572 

79,524 

73,818 

Bi 11 

171,905 

103,572 

79,524 

73,818 

Vetting Programs ............ . 60,215 52' 710 52.770 

Bill vs. 

Enacted 

-46,630 

+851 

-266 

-55,498 

-7,445 

---------·---- -------------· -------------- -------------- ------

Subtotal, Other Operations and Enforcement .. 1. 389' 091 1,280,338 1,259,706 -129,385 

Mission Support ................ . 869,258 907' 133 907,133 +37,875 

--------------

.......... 

-------- ----- -------- --------------

___ ,. __

Subtotal, Operations and Support (Gross) ..... . 7,207,851 7,075,950 7,167,778 -40,073 

Aviation Passenger Security Fees (offsetting 

collections) ................................... . ·2,470,000 ·2,670,000 -2,670,000 ·200,000 

Passenger Security Fee Increase (offsetting 

collections)(legislative proposal) ..... . -520,000 ··- --- +

-------

--- ------ --- ---

............................ 

- -- --------- ------

Subtotal, Operations and Support (Net) ....... . 4.737' 851 3,885,950 4,497,778 -240,073 +

Insert graphic folio 154 28046A.013

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Procurement, Construction, and Improvements Aviation Screening Infrastructure 

Checkpoint Support .................... . 

Checked Baggage .................. . 

Infrastructure for Other Operations 

Vetting Programs .............................. . 

Subtotal, Procurement, Construction, and 

Improvements .............................. . 

Research and Development. 

Subtotal, Research and Development. 

FY 2018 

Enacted 

68,019 

83,004 

16' 291 

FY 2019 

Request 

74,422 

35,367 

29,840 ~M ~ __ ,.,.,. M- ..... *M _____ .,., __ - ~ 167,314 

20' 190 

20' 190 

139,629 

20,594 

20,594 

Bill 

94,422 

35,367 

---

----

..... 

--

129,789 

20,594 

20,594 

Bill vs. 

Enacted 

+26,403 

-47,637 

-16,291 

* 

_______ ,. .. __ 

------

-37,525 

+404 

+404 

Insert graphic folio 155 28046A.014

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Fee Funded Programs 

TWIC Fee ............ .. 

Hazardous Materials Endorsement Fee ............ . 

General Aviation at DCA Fee ...................... . 

Commercial Aviation and Airports Fee ............. . 

Other Security Threat Assessments Fee .. 

Air Cargo/Certified Cargo Screening Program Fee .. . TSA PreCheck Fee ................................. . 

Alien Flight School Fee ......................... . 

Subtotal, Fee Funded Programs ............ . 

Aviation Security Capital Fund (Mandatory) ........... . 

Total, Transportation Security Administration .. . 

(Discretionary Funding) .................... . 

(Discretionary Appropriations) ......... . 

(Offsetting Collections) ................. . 

(Offsetting Collections) (Legislative 

Proposals). . . . . . . . . . . . ....... . 

Aviation Security Capital Fund (mandatory) ... . Fee Funded Programs .......................... . 

Gross Budget Authority, Transportation Security Administration ...................... . 

FY 2018 

Enacted 

(64,449) 

(20,200) 

(560) 

(8,000) 

(50) 

(5,200) 

(136,900) 

(5,200) 

(240,559) 

(250,000) 

4,925,355 

(4,925,355) 

(7,395,355) 

(-2,470,000) 

250,000 

240,559 

7,885,914 

FY 2019 

Request 

(65,535) 

(18' 500) 

(700) 

(8' 000) 

(50) 

(5,000) 

(136,900) 

(5,200) 

(239,885) 

(250,000) 

4,046,173 

(4,046, 173) 

(7' 236' 173) 

(-2,670,000) 

(-520,000) 

250,000 

239,885 

7,726,058 

Bi 11 

(65,535) 

(18,500) 

(700) 

(8,000) 

(50) 

(5,000) 

(136,900) 

(5,200) 

(239,885) 

(250,000) 

4,648,161 

( 4 '648' 161 ) 

(7 ,318,161) 

(-2,670,000) 

250,000 

239,885 

7,808,046 

Bill vs. 

Enacted 

(+1 '086) 

( -1 '700) 

(+140) 

( -200) 

(-674) 

-277,194 

(-277,194) 

( -77' 194) 

(-200,000) 

-674 

-77,868 

B

+6

(+6

(+

(+5

+

Insert graphic folio 156 28046A.015

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Coast Guard 

Operations and Support 

Military Pay and Allowances ........... .. 

Civilian Pay and Benefits... . ............... . 

Training and Recruiting ..... . 

Operating Funds and Unit Level Maintenance ....... . 

Centrally Managed Accounts ..................... . 

Intermediate and Depot Level Maintenance ...... . 

Reserve Training.......... . ............ . 

Environmental Compliance and Restoration ...... . 

Overseas Contingency Operations/Global War on 

Terrorism (Defense) ............................ . 

FY 2018 

Enacted 

3,716. 444 

847,678 

191,015 

897' 171 

142,788 

1,415,217 

163,000 

FY 2019 

Request 

3,851,095 

929,385 

187,991 

907,894 

143,641 

1,442,048 

117' 655 

13,429 

---

Bill 

3,868,095 

929,385 

188,338 

929,747 

151 '941 

1,435,048 

117,655 

---

-·· 

Bill vs. 

Enacted 

+151 ,651 

+81,707 

-2,677 

+32,576 

+9' 153 

+19,831 

+117,655 

--- 

·163 '000 

-------------- -------------- -------------- -------------- ------

Subtotal, Operations and Support ...... . 7,373,313 7' 593' 138 7,620,209 +246,896 

(Defense).............. . ........ . (503, 000) (340,000) (340,000) (-163,000) (Overseas Contingency Operations/Global War on Terrorism) ................... .. (163,000) -.- ... (-163,000) (Other Defense) ........................ . (340,000) (340,000) (340,000) 

Procurement, Construction, and Improvements Vessels 

Survey and Design-Vessels and Boats ... 4,500 500 500 -4,000 In-Service Vessel Sustainment .... . 60,500 63,250 63,250 +2,750 National Security Cutter .......... . 1 '241 '000 65,000 140,000 -1,101,000 

Offshore Patrol Cutter ... . 500,000 400,000 400,000 -100,000 

Fast Response Cutter .... . 340,000 240,000 340,000 ... +

Cutter Boats................. . ................ . 1. 000 5,000 5,000 +4,000 

Polar Ice Breaking Vessel ..... 19,000 750,000 --. -19,000 -7

Insert graphic folio 157 28046A.016

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Inland Waterways and Western River Cutters .. , ..... 

Polar Sustainment .. ,. . ...... , ..... , . , 

FY 2018 

Enacted 

26' 100 

FY 2019 

Request 

5,000 

15,000 

Bill 

5,000 

15,000 

Bill vs. 

Enacted 

-21 '100 

+15,000 

~·~--~- .... 

~-~~~-

~~-~--------~- ...... __________ 

---·---------- ------

Subtotal, Vessels ................. . 

Aircraft 

HC-144 Conversion/Sustainment., .. 

HC-27J Conversion/Sustainment ... 

HC-130J Acquisition/Conversion/Sustainment .. , .. . HH-65 Conversion/Sustainment Projects., ... , .. , ... . MH- 60T Sustainment. , .. , ............. , .......... , .. Small Unmanned Aircraft Systems ................. . 

Subtotal, Aircraft. 

Other Acquisition Programs 

Other Equipment and Systems ... , ... ,,., ........... , 

Program Oversight and Management ... ,., .. , ...... ,, C4 I SR . . ... , .... , ........................... , ... . 

CG-Logistics Information Management System (CG-LIMS) ... , .............. , ...... , .. . 

Subtotal, Other Acquisition Programs ..... 

2,192,100 1,543,750 968,750 -1,223,350 -

17,000 17,000 +17,000 70,000 80,000 80,000 +10,000 100,600 --- 105,000 +4,400 +

22,000 20,000 28,000 +6,000 

2,500 25,000 25,000 +22,500 

500 6,000 6,000 +5,500 

-------------- -------------- -------------- --------------

------

195,600 148,000 261,000 +65,400 +

4,000 3,500 3,500 -500 

15,000 20,000 20,000 +5,000 

22,000 23,300 23,300 +1 ,300 

9,800 13,200 13,200 +3,400 

-- ----------- ------·------- -------------- -------------- ------

50,800 60,000 60,000 +9,200 

Insert graphic folio 158 28046A.017

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Shore Facilities and Aids to Navigation Major Construction; Housing; ATON; and Survey and Design ...................................... . 

Major Acquisition Systems Infrastructure ......... . 

Minor Shore ..................................... . 

Subtotal, Shore Facilities and Aids to 

Navigation ............................ . 

Personnel and Related Support Costs .... 

Subtotal, Procurement, Construction, and 

Improvements ............................. . 

House full committee amendment (Palazzo) (by transfer) 

Subtotal, Procurement, Construction, and 

Improvements (including transfer) .......... . 

Research and Development. 

Subtotal, Research and Development ........... . 

Environmental Compliance and Restoration. 

Reserve Training..... . ................ . 

FY 2018 

Enacted 

42,400 

87 '100 

5,000 

134,500 

121,745 

2,694,745 

2,694,745 

29' 141 

29,141 

13,397 

114,875 

FY 2019 

Request 

30,000 

100,000 

5,000 

135,000 

1,886,750 

1,886,750 

19,109 

19' 109 

Bi 11 

35,000 

100 '000 

5,000 

140,000 

429,750 

(95,000) 

1,524,750 

19,109 

19' 109 

13,429 

Bill vs. 

Enacted 

-7,400 

+12,900 

+5,500 

-121,745 

-1,264,995 

(+95,000) 

-1 '169. 995 

10,032 

·10,032 

+32 

-114,875 

-4

(

-

Insert graphic folio 159 28046A.018

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Health Care Fund Contribution (Permanent Indefinite Discretionary) ............. . 

Mandatory 

Retired Pay (Mandatory). 

Administrative Provisions 

Coast Guard Continuation of Pay....... . .......... . House full committee amdendment (Yoder) ..... . 

Subtotal, Administrative Provisions .......... . 

Subtotal, Mandatory 

Total , Coast Guard ............................ . 

(Discretionary Funding) ...................... . 

(Non-Defense) ..................... . 

(Defense) ............................... . 

(Overseas Contingency Operations/Global War on Terrorism ) ..................... . 

(Other Defense) ................... . 

(Mandatory Funding) .................. . 

(by transfer) ................... . 

Gross Budget Authority, Coast Guard .... 

FY 2018 

Enacted 

204' 136 

1,676,117 

2,000 

2,000 

1 ,676,117 

12' 107' 724 

( 1 0 '431 '607) 

( 9 '928' 607) 

(503,000) 

(163' 000) 

(340' 000) 

(1 ,676, 117) 

12 '1 07' 724 

FY 2019 

Request 

199,360 

1,739,844 

1 '739' 844 

11 '438' 201 

( 9' 698' 357) 

(9' 358' 357) 

(340,000) 

(340,000) 

( 1 ' 739' 844) 

11 '438 '201 

Bill 

199,360 

1,739,844 

1 '000 

1,000 

1,739,844 

11,022,701 

(9' 282' 857) 

( 8 '942' 857) 

(340,000) 

(340,000) 

( 1 '739' 844) 

(95,000) 

11,117,701 

Bill vs. 

Enacted 

-4,776 

+63,727 

-2,000 

+1 ,000 

-1 '000 

+63,727 

-1,085,023 

{-1,148,750) 

( -985' 750) 

(-163,000) 

(·163,000) 

(+63,727) 

(+95,000) 

-990,023 

-4

(-4

(-4

(

-

Insert graphic folio 160 28046A.019

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

United States Secret Service 

Operations and Support 

Protective Operations 

Protection of Persons and Faciities .............. . 

Protective Countermeasures ................. . 

Protective Intelligence .......................... . 

Presidential Campaigns and National Special Security Events.............. . .............. . 

FY 2018 

Enacted 

711,227 

46,862 

47,814 

4,500 

FY 2019 

Request 

747,201 

55,309 

48,239 

28,500 

Bill 

747,201 

55,309 

48,239 

28,500 

Bill vs. 

Enacted 

+35,974 

+8,447 

+425 

+24,000 

~w~~ ... ~~~~-~~~ 

•••~*,.,..,., .... ,..,~ ,...,~~~ ......... ___ --~- .................. 

-

.... 

-

Subtotal, Protective Operations ............ . 810,403 879,249 879,249 +68,846 

Field Operations 

Domestic and International Field Operations ...... . 596,478 627,687 628,471 +31,993 

Support for Missing and Exploited Children Investigations ........................... . 6,000 6,000 6,000 Support for Computer Forensics Training .......... . 18,778 4,000 18,778 --- 

·~------- .. 

·---

...... ___________ ...... ___________ .......................... ., _____

Subtotal, Field Operations ... 621,256 637,687 653,249 +31 ,993 +

Insert graphic folio 161 28046A.020

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Basic and In-Service Training and Professional 

Deve 1 opment ............................... . 

Mission Support .................................. . 

FY 2018 

Enacted 

64,212 

419,923 

FY 2019 

Request 

101,854 

465,518 

Bi 11 

101 ,854 

465,518 

Bill vs. 

Enacted 

+37,642 

+45,595 

--------··----

--~~--------~-

-------------- -------------- ------

Subtotal, Operations and Support ... 

Procurement, Construction, and Improvements Protection Assets and Infrastructure ... 

Operational Communications/Information Technology. Construction and Facility Improvements ...... . 

Subtotal, Procurement, Construction, and 

Improvements ..... 

1 ,915, 794 2,084,308 2,099,870 +164,076 

65,462 52,971 52,971 -12 '491 

25,018 6,845 8,845 -16,173 

3,000 3,000 +3,000 

-------------- -------------- -------------- --------------

------

90,480 64,816 64,816 -25,664 

Insert graphic folio 162 28046A.021

Research and Development,., 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

FY 2018 

Enacted 

250 

FY 2019 

Request 

2, 500 

Bi 11 

2,500 

Subtotal, Research and Development.,,, .. 250 2,500 2,500 

Total , United States Secret Service,. . , ...... . 2,006,524 2,151,624 2,167,186 

Bi 11 vs. 

Enacted 

+2,250 

+2,250 

+160,662 

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

Total, Title II, Security, Enforcement, and 

Investigations ....... , .. , ...... , ....... , .... . 

(Discretionary Funding) ............. ,, .... ,. 

(Non-Defense) ..................... ,., 

(Discretionary Appropriation), ... ,, ...... , (Offsetting Collections) ... , ........ , ..... . 

(Offsetting Collections)(Legislative Proposals) ... ,,, ...... ,., .... ,. 

(Defense) ... , , ....... , , . . . . . . , ... , ........ . 

(Overseas Contingency Operations/Global War 

on Terrorism) .. ,,., .. , ... , ..... , ....... . 

(Other Defense) .. , ... ,, .... ,, .. , .... , 

(Mandatory Funding) ... , ....... , ..... ,,., 

Aviation Security Capital Fund (Mandatory). Fee Funded Programs ... ,, 

(by transfer)......... , . , , ... , , , .. , .. 

40 '132' 999 

(38,456,882) 

(37,953,882) 

(40,462,882) 

(-2,509,000) 

(503' 000) 

( 163' 000) 

(340,000) 

(1 ,676,117) 

250,000 

2,917,837 

40' 152' 660 

(38,412,816) 

(38,072,816) 

(41 '301 ,816) 

(-2,709,000) 

(-520,000) 

(340,000) 

(340,000) 

(1,739,844) 

250,000 

3,220,670 

43,017,815 

(41,277,971) 

(40,937,971) 

(43,646,971) 

(·2,709,000) 

(340,000) 

(340,000) 

(1,739,844) 

250,000 

2,856,070 

(95,000) 

+2,884,816 

(+2,821 ,089) 

(+2,984,089) 

( +3. 184 '089) 

(-200,000) 

(-163,000) 

(·163,000) 

(+63 '727) 

·61 '767 

(+95,000) 

+2 '8

(+2,8

( +2 '8

( +2. 

(+

-

(

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

Insert graphic folio 163 28046A.022

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Title III - PROTECTION, PREPAREDNESS, RESPONSE, AND 

RECOVERY 

National Protection and Programs Directorate 

Operations and Support 

Cybersecurity 

Cyber Readiness and Response .................. . Cyber Infrastructure Resilience .............. . 

Federal Cybersecurity ........................ . 

FY 2018 

Enacted 

243,992 

46,243 

432,673 

FY 2019 

Request 

224,396 

30,059 

458,600 

Bill 

259,775 

38,259 

462,200 

Bill vs. 

Enacted 

+15,783 

-7,984 

+29,527 

-------------- -------------- -------------- -------------- ------

Subtotal, Cybersecuri ty ........... . 

Infrastructure Protection 

Infrastructure Capacity Building ................. . Infrastructure Security Compliance ............... . 

Subtotal, Infrastructure Protection ....... . 

Emergency Communications 

Emergency Communications Preparedness ............ . Priority Telecommunications Service .............. . 

Subtotal, Emergency Communications .. 

Integrated Operations Cyber and Infrastructure Analysis ............... . Critical Infrastructure Situational Awareness ... . 

(Defense). . . . . . . . . . . . . . . . . . . .................. . 

722,908 

121,776 

72,440 

194,216 

54,501 

63,955 

713,055 

129,182 

76,853 

206,035 

51,785 

63,911 

760,234 

138' 953 

76,853 

215,806 

53,785 

63,911 

+37,326 

+17' 177 

+4,413 

+21 ,590 

-716 

-44 

-------------- --·----------- -------·------ --------------

118,456 

56,410 

21 ,222 

(19' 312) 

115,696 

44,663 

23,429 

(21,320) 

117,696 

60,950 

27,984 

(25,465) 

-760 

+4,540 

+6,762 

(+6' 153) 

+

Insert graphic folio 164 28046A.023

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Stakeholder Engagement and Requirements .......... . 

(Defense) ...................................... . 

Strategy, Policy and Plans ....................... . 

(Defense) ...................................... · 

Subtotal, Integrated Operations ......... . 

Office of Biometric Identity Management 

Identity and Screening Program Operations ....... . 

!DENT/Homeland Advanced Recognition Technology .. . 

Subtotal, Office of Biometric Identity 

Management . . . . . ..... 

Mission Support ............ . 

(Defense) ................. . 

Subtotal, Operations and Support ............. . 

FY 2018 

Enacted 

50,583 

(45,525) 

14,448 

(9,536) 

142,663 

68,826 

150,603 

219,429 

84,493 

(26' 193) 

1 ,482,165 

FY 2019 

Request 

45' 127 

(40,614) 

13,931 

(9, 194) 

127' 170 

69,590 

160' 691 

230,281 

78' 103 

(24,212) 

1,470,340 

Bi 11 

45' 127 

(40,614) 

13' 931 

(9, 194) 

147,992 

69,590 

160,691 

230,281 

78,103 

(24,212) 

1 '550' 112 

Bill vs. 

Enacted 

·5,456 

(·4,911) 

-517 

( -342) 

+5,329 

+764 

+10,088 

+10,852 

-6,390 

( -1 '981) 

+67,947 

Insert graphic folio 165 28046A.024

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Federal Protective Service 

FPS Operations 

Operating Expenses .............................. . 

Countermeasures 

Protective Security Officers ... . 

Technical Countermeasures. . .. . 

FY 2018 

Enacted 

360,079 

1,071,286 

44,690 

FY 2019 

Request 

359,196 

1,121,883 

46,031 

Bi 11 

359,196 

1 '121 '883 

46,031 

Bill vs. 

Enacted 

-883 

+50,597 

+1 '341 

-------------- -------------- -------------- -------------- ------

Subtotal, Countermeasures. . . . . . . . . . . . ........ . 

Subtotal, Federal Protective Service (Gross) .. 

Offsetting Collections ......................... . 

Subtotal, Federal Protective Service (Net). 

Procurement, Construction, and Improvements Cybersecurity 

Continuous Diagnostics and Mitigation ... . National Cybersecurity Protection System .... . 

Subtotal, Cybersecurity ................ . 

1,115,976 1,167,914 1,167,914 +51 ,938 

-------------- -------------- -------------- -------------- ------

1,476,055 1,527,110 1,527,110 +51 ,055 

-1,476,055 -1,527,110 ·1,527,110 -51' 055 

-------------- -------------- -------------- -------------- ------

246,981 

115' 186 

362,167 

125,548 

110,078 

235,626 

185,548 

110,078 

295,626 

-61 '433 

-5,108 

-66,541 

Insert graphic folio 166 28046A.025

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Emergency Communications 

Next Generation Networks Priority Services ....... . Biometric Identity Management !DENT/Homeland Advanced Recognition Technology ... Integrated Operations Assets and Infrastructure 

Modeling Capability Transition Environment .... Infrastructure Protection 

Infrastructure Protection (IP) Gateway ......... . 

FY 2018 

Enacted 

48,905 

500 

2,539 

FY 2019 

Request 

42,551 

20,000 

---

4,787 

Bi 11 

42,551 

20,000 

---

9,787 

Bi 11 vs. 

Enacted 

-6,354 

+20,000 

-500 

+7,248 

--~--~~---- ... 

--

__ .,.. ___________ 

------------

..... 

-------------

.. 

------

Subtotal, Procurement, Construction, and 

Improvements .................... . 414,111 302,964 367,964 -46,147 

Insert graphic folio 167 28046A.026

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Research and Development 

Cybersecurity ................................... . 

Infrastructure Protection .......... . 

Integrated Operations ................ . 

Subtotal, Research and Development .... 

Total, National Protection and Programs 

Directorate ............................ < •••• ' 

(Discretionary Funding) ............ , .......... 

(Non-Defense) .......... .. '' .. '. ' ... '. ' .... ' 

(Discretionary Appropriations) ............ 

(Offsetting Collections) ........ ,, ..... 

(Defense) ........... ... '''.'' .. '.' ..... ' ' .. 

Gross Budget Authority, National Protection and 

Programs Directorate .......................... 

FY 2018 

Enacted 

4,695 

6,431 

4,000 

15' 126 

1,911,402 

(1 ,911 '402) 

(289,609) 

(1 '765,664) 

( -1 ,476,055) 

(1 ,621 '793) 

3,387,457 

FY 2019 

Request 

41 '416 

2,431 

4,000 

47,847 

1 ,821 '151 

(1 ,821 '151) 

(315,531) 

(1 ,842,641) 

(-1,527,110) 

(1,505,620) 

3,348,261 

Bill 

4,695 

7,791 

4,000 

16' 486 

1,934,562 

(1 ,934,562) 

(315,941) 

( 1 '843' 051 ) 

(" 1 '527' 110) 

(1 ,618,621) 

3,461,672 

Bill vs. 

Enacted 

+1,360 

+1 ,360 

+23,160 

( +23' 160) 

(+26,332) 

(+77,387) 

(-51 ,055) 

( -3' 172) 

+74,215 

+

(+

(+

+

Insert graphic folio 168 28046A.027

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Office of Health Affairs 

Operations and Support 

Chemical and Biological Readiness ................. . 

Health and Medical Readiness ..................... . 

Integrated Operations ............................ . 

Mission Support ................................. . 

Subtotal, Operations and Support ....... . 

Total, Office of Health Affairs ............ . 

Federal Emergency Management Agency 

Operations and Support 

Regional Operations .............................. . 

Mitigation... . ......... . 

Preparedness and Protection . . ......... . 

Response and Recovery 

Response. . . . . . . . .................... . 

(Urban Search and Rescue) ............ . 

Recovery ............................. . 

Mission Support ........... . 

FY 2018 

Enacted 

79,130 

4,620 

9,400 

28,419 

121,569 

121,569 

156,417 

36' 141 

131 '981 

182,893 

(35,180) 

46,694 

476,009 

FY 2019 

Request 

158,439 

36,011 

132,823 

174,337 

(27,513) 

49,010 

485,662 

Bi 11 

158,439 

36,011 

132' 823 

192,154 

(45,330) 

49,010 

489,162 

Bill vs. 

Enacted 

-79,130 

-4,620 

-9,400 

-28,419 

-121,569 

-121,569 

+2,022 

-130 

+842 

+9 '261 

(+10,150) (

+2,316 

+13' 153 

-~M~·~~~---·~M 

-~----~----~·M 

--·---~-------

-------------- ------

Subtotal, Operations and Support ... . 1,030,135 1,036,282 1,057,599 +27,464 

(Defense) ....................... . (42,945) (42,213) (42,213) ( -732) 

Insert graphic folio 169 28046A.028

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Procurement, Construction, and Improvements Operational Communications/Information Technology. Construction and Facility Improvements ........... . Mission Support, Assets, and Infrastructure ... . 

Subtotal, Procurement, Construction, and 

Improvements ....................... . 

(Defense) ................................. . 

Federal Assistance 

Grants 

State Homeland Security Grant Program ..... . 

(Operation Stonegarden) ................. . 

(Nonprofit Security) .................... . 

Urban Area Security Initiative .............. . 

(Nonprofit Security) ................. . 

Public Transportation Security Assistance ... . 

(Amtrak Security) ...................... . 

(Over-the-Road Bus Security) ............... . 

Port Security Grants.. . . . . . .............. . 

Assistance to Firefighter Grants ............. . 

Staffing for Adequate Fire and Emergency 

Response (SAFER) Grants .................... . 

Emergency Management Performance Grants. 

Competitive Preparedness Grants Program ...... . National Predisaster Mitigation Fund ..... . 

FY 2018 

Enacted 

12,018 

44,519 

28,739 

85,276 

(53,262) 

507,000 

(85,000) 

(1 0,000) 

630,000 

(50,000) 

100,000 

(10,000) 

(2,000) 

100,000 

350,000 

350,000 

350,000 

249,200 

FY 2019 

Request 

11,670 

46,996 

44,683 

103,349 

(57' 166) 

349,362 

448,844 

36,358 

36,358 

344,344 

344,344 

279,335 

522,000 

39,016 

Bi 11 

11,670 

46,996 

44,683 

103,349 

(57,166) 

538,000 

(85,000) 

(10,000) 

661,000 

(50,000) 

103,000 

( 10' 000) 

(7,000) 

100,000 

350,000 

350,000 

350,000 

249,200 

Bill vs. 

Enacted 

-348 

+2,477 

+15,944 

+18,073 

(+3,904) 

+31 ,000 

+31 ,000 

+3,000 

(+5,000) 

+

(

(

+

(

(

-

+

Insert graphic folio 170 28046A.029

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Flood Hazard Mapping and Risk Analysis Program Emergency Food and Shelter .................. . 

Subtotal, Grants ................ . 

Education, Training, and Exercises 

Center for Domestic Preparedness ............. . 

Center for Homeland Defense and Security ..... . 

Emergency Management Institute ............... . 

U.S. Fire Administration ..................... . 

National Domestic Preparedness Consortium .... . Continuing Training Grants ................. . 

National Exercise Program.... . ............. . 

Subtotal, Education, Training, and Exercises 

Subtotal, Federal Assistance ................. . 

FY 2018 

Enacted 

262,531 

120,000 

3,018,731 

63,939 

18,000 

20,569 

42,900 

101,000 

8,000 

20,793 

275,201 

3,293,932 

FY 2019 

Request 

100,000 

2,499,961 

63,756 

18,876 

43,493 

18,647 

144,772 

2,644,733 

Bi 11 

262,531 

120,000 

3,083.731 

63,939 

18,000 

20,569 

43,493 

101,000 

8,000 

20,793 

275,794 

3,359,525 

Bill vs. 

Enacted 

+65,000 

+593 

+593 

+65,593 

+

+

+

+

+

+

+

Insert graphic folio 171 28046A.030

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Disaster Relief Fund 

Base Disaster Relief .................. . 

Disaster Relief Category ......................... . 

Subtotal, Disaster Relief Fund (Gross). (transfer to Office of Inspector General) ..... 

Subtotal, Disaster Relief Fund (Net) ......... . 

National Flood Insurance Fund 

Floodplain Management and Mapping ..... . Mission Support .. , .............. , .. . 

FY 2018 

Enacted 

534,720 

7,366,000 

7,900,720 

7,900,720 

189' 927 

13,573 

FY 2019 

Request 

582,000 

6,652,000 

7,234,000 

(-24,000) 

7,210,000 

187,907 

13,784 

Bill 

558,000 

6,652,000 

7,210,000 

7,210,000 

187,907 

13,784 

Bill vs. 

Enacted 

+23,280 

-714,000 

-690,720 

-690,720 

-2,020 

+211 

(

~-~·~~~~-~~---

~~~MM~~~~-~---

-·-----·----~-

-------------- ------

Subtotal, National Flood Insurance Fund ...... . 203,500 201,691 201,691 -1 ,809 

Offsetting Fee Collections .. -203,500 -201,691 -201,691 +1 ,809 

Disaster Assistance Direct Loan Program 3,000 

Insert graphic folio 172 28046A.031

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Administrative Provisions 

Radiological Emergency Preparedness Program ....... . 

Total, Federal Emergency Management Agency ..... . (Discretionary Funding). 

(Non- Defense) . . . . . . . . . . . . . . . . . . . . . ........ . 

(Discretionary Appropriations) ... . 

(Offsetting Collections) ................. . 

(Disaster Relief Category) ............. . 

(Defense) .................................. . 

Transfer Out ................................. . 

Gross Budget Authority, Federal Emergency 

Management Agency ........................ . 

FY 2018 

Enacted 

-1,024 

12,309,039 

(12,309,039) 

( 12 '212' 832) 

(5,050,332) 

( -203 '500) 

(7,366,000) 

(96' 207) 

12,512,539 

FY 2019 

Request 

-665 

11,020,699 

(11 ,020,699) 

(10,921,320) 

(4,471,011) 

( -201 '691) 

{6,652,000) 

(99,379) 

-24,000 

11 '198,390 

Bi 11 

-665 

11,729,808 

(11 '729,808) 

(11 ,630,429) 

{5,180,120) 

( -201,691) 

{6,652,000) 

(99,379) 

11,931,499 

Bill vs. 

Enacted 

+359 

-579,231 

(-579,231) 

(-582,403) 

(+129,788) 

(+1 ,809) 

(-714,000) 

(+3,172) 

-581,040 

+

(+

(+

(+

+

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

Total, Title III, Protection, Preparedness, Response, and Recovery .................. . 

(Discretionary Funding) ............... . 

(Non- Defense) ...................... . 

(Discretionary Appropriations) ... . 

(Emergency Appropriations) ................. . 

(Offsetting Collections)...... . ......... . 

(Disaster Relief Category) ................. . (Defense) .. 

Transfer out .......................... . 

14,342,010 

(14,342,010) 

( 12 '624' 010) 

(6,937,565) 

( -1 '679 '555) 

(7,366,000) 

(1 ,718,000) 

12,841,850 

(12,841,850) 

(11,236,851) 

(6,313,652) 

(-1 '728,801) 

{6,652,000) 

( 1 '604' 999) 

(-24,000) 

13,664,370 

(13,664,370) 

(11 ,946,370) 

(7,023,171) 

(-1,728,801) 

{6,652,000) 

(1 ,718,000) 

-677,640 

(-677,840) 

( -677 '640) 

(+85,606) 

(-49,246) 

(-714,000) 

+

(+

(+

(+

(+

(

Insert graphic folio 173 28046A.032

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

TITLE IV - RESEARCH, DEVELOPMENT, TRAINING, AND 

SERVICES 

U.S. Citizenship and Immigration Services 

Operations and Support Employment Status Verification .. 

FY 2018 

Enacted 

108,856 

FY 2019 

Request 

109,081 

Bi11 

109,081 

Bill vs. 

Enacted 

+225 

~~~~W~M*- ......... ~ ~~~~----~~---- ....... 

-----~--~ .. 

-

____ .,,. ___ M~--- -----~-

Subtotal, Operations and Support ..... . 108,856 109,081 109,081 +225 

Procurement, Construction, and Improvements .... 22,657 22,838 22,838 +181 

-------------- -------------- -------------· --------------

__ ,. ___

Subtotal, Procurement, Construction, and 

Improvements ....... . 22,657 22,838 22,838 +181 

Insert graphic folio 174 28046A.033

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

ANO BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Fee Funded Programs 

Immigration Examinations Fee Account 

Adjudication Services 

District Operations. . ........... , ........... . 

(Immigrant Integration Grants) .............. . 

Service Center Operations ...................... . 

Asylum, Refugee, and International Operations .. . 

Records Operations ............................. . 

Premium Processing (Including Transformation) .. . 

Subtotal, Adjudication Services ..... 

Information and Customer Services 

Operating Expenses ....................... . 

Administration 

Operating Expenses .......................... . 

Systematic Alien Verification for Entitlements 

(SAVE) ............. , ......... . 

FY 2018 

Enacted 

(1 ,805,941) 

(10,000) 

(687,491) (345, 100) 

(137,526) 

(642' 746) 

FY 2019 

Request 

(1,938,508) 

(10,000) 

(767,263) (356,206) 

(150,941) 

(643,423) 

Bi 11 

(1 ,938,508) 

(10,000) 

(767,263) (356,206) 

( 150' 941) 

(643,423) 

---- ------

..... 

--------------

(3,618,804) (3,856,341) (3 '856' 341) 

(108, 146} (112,493) (112,493) 

(504 '615) {519,002) (519,002) 

(36,774} (37,514) (37,514) 

Bill vs. 

Enacted 

(+132,567) 

---

(+79,772) 

(+11 ,106) 

(+13,415) 

(+677} 

----

.. ............

(+237,537) 

(+4,347) 

(+14,387) 

(+740) 

-------------- __ .,. ___ .., ______ ................ 

-----

................... 

----

..

Subtotal, Immigration Examinations Fee 

Account . . . . . . . . . .................. . (4,268,339) (4,525,350) (4,525,350) (+257,011) 

Insert graphic folio 175 28046A.034

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

H1-B Non-Immigrant Petititioner Account 

Adjudication Services 

Service Center Operations ...................... . 

Subtotal, H-18 Non-Immigrant Petitioner 

Account ................................ . 

Fraud Prevention and Detection Account 

Adjudication Services 

District Operations ................. . 

Service Center Operations .... . 

Asylum and Refugee Operating Expenses ..... 

FY 2018 

Enacted 

( 15' 000) 

(15,000) 

(45' 101) 

(21,778) 

(308) 

FY 2019 

Request 

(15,000) 

(15,000) 

(27,178) 

(19,815) 

(308) 

Bill 

(15, 000) 

(15,000) 

(27' 178) 

(19,815) 

(308) 

Bill vs. 

Enacted 

(-17,923) 

( -1 ,963) ~~~~ ~•-~ ---w -~ --- ~-.. --- -- ........ ~M~ _____ ., .. _______ -- - ,. 

Subtotal, Fraud Prevention and Detection 

Account. , ........ , .......... . (67' 187) (47,301) (47,301) (·19,886) 

--

... 

--

.. -. .. .. -- - -- .. "'-.. -- -...... --- -- -- ......... -- - -- - 

Subtotal, Fee Funded Programs ............. . {4,350,526) (4,587,651) {4,587,651) (+237,125) 

Insert graphic folio 176 28046A.035

Administrative Provisions 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

FY 2018 

Enacted 

FY 2019 

Request Bill 

Immigration Authorization Extensions ............... . 1,000 

Subtotal, Administrative Provisions .......... . 1 ,000 

Bill vs. 

Enacted 

-1 • 000 

-1 ,000 

-------------- -------------- -------------- -------------- ------

Total, U.S. Citizenship and Immigration Services (Discretionary Funding) ...................... . Fee Funded Programs .......................... . 

Gross Budget Authority, U.S. Citizenship and Immigration Services .. 

132,513 

(132,513) 

4,350,526 

4,483,039 

131,919 

(131. 919) 

4,587,651 

4,719,570 

131.919 -594 

(131,919) (-594) 

4,587,651 +237 ,125 

4,719,570 +236,531 

Insert graphic folio 177 28046A.036

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Federal Law Enforcement Training Centers 

Operations and Support 

Law Enforcement Training ......................... . 

Mission Support. 

Subtotal, Operations and Support ..... . 

Procurement, Construction, and Improvements Construction and Facility Improvements .. 

Subtotal, Procurement, Construction, and 

Improvements. . . . . . .... 

Total, Federal Law Enforcement Training Centers. 

FY 2018 

Enacted 

225,966 

26,034 

254,000 

254,000 

FY 2019 

Request 

267,749 

28,808 

296,557 

85' 577 

85,577 

382' 134 

Bill 

225,966 

28,808 

254,774 

254,774 

Bill vs. 

Enacted 

+774 

+774 

+774 -

Insert graphic folio 178 28046A.037

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Science and Technology Directorate 

Operations and Support 

Laboratory Facilities .............................. . 

Acquisition and Operations Analysis ....... . 

Mission Support ........................... . 

FY 2018 

Enacted 

150 '116 

46,245 

134,752 

FY 2019 

Request 

110,519 

42,552 

118,732 

Bill 

117,840 

48,510 

138,058 

Bill vs. 

Enacted 

-32,276 

+2,265 

+3,306 

•• 

••••~~ .... ~-~·-~ 

••w~•• ~-~-- ......................................... 

--

......

Subotal, Operations and Support ... 331,113 271,803 304,408 -26,705 

Research and Development 

Research, Development, and Innovation .. 469,330 289,734 457,251 -12,079 +

University Programs ....... . 40,500 21 '746 40,500 . -- 

___________ .., __ 

-------------- -------------- -------------- ------

Subotal, Research and Development. 509,830 311,480 497,751 -12,079 +

------

.. -----..... ------...... ----.. .. --- ----- .... .. ........ -- - ........ 

Total, Science and Technology ........... . 840,943 583,283 802,159 -38,784 +

Insert graphic folio 179 28046A.038

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 201B AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Domestic Nuclear Detection Office 

Operations and Support Mission Support .. 

Subtotal, Operations and Support ..... 

Procurement, Construction, and Improvements Large Scale Detection Systems ......... . 

Human Portable Rad/Nuclear Detection Systems .. 

Subotal, Procurement, Construction, and 

Improvements ......................... . 

Research and Development 

Architecture Planning and Analysis ............... . Transformational Research and Development ...... . Detection Capability Development ................. . Detection Capability Assessments ....... . 

Nuclear Forensics ..................... . 

Subtotal, Research and Development. 

FY 2018 

Enacted 

54,664 

54,664 

64,524 

24,572 

89,096 

15,937 

62,081 

15' 155 

34' 127 

18,361 

145.661 

FY 2019 

Request Bi 11 

Bill vs. 

Enacted 

-54,664 

-54,664 

-64,524 

-24,572 

-89,096 

-15,937 

-62' 081 

-15,155 

-34' 127 

-18,361 

-145' 661 

Insert graphic folio 180 28046A.039

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Federal Assistance 

Federal, State, Local, Territorial, and Tribal 

Support ................................ . 

Securing the Cities .......................... .. 

Subtotal, Federal Assistance ................. . 

Total, Domestic Nuclear Detection Office ....... . 

Countering Weapons of Mass Destruction Office 

Operations and Support 

Capabi 1 ity and Operations Support ........ . 

Mission Support .......................... . 

Subtotal, Operations and Support ............. . 

Procurement, Construction, and Improvements 

Assets and Infrastructure Acquisition. 

Subotal, Procurement, Construction 

Improvements ..... 

Research and Development 

Research and Development. 

Subtotal, Research and Development 

and 

FY 2018 

Enacted 

24,884 

21 '135 

46,019 

335,440 

FY 2019 

Request 

125,943 

83,321 

209,264 

74,896 

74,896 

80,443 

80,443 

Bill 

130,943 

83,321 

214,264 

74,896 

74,896 

80,443 

80,443 

Bill vs 

Enacted 

-24,884 

-21,135 

-46,019 

·335,440 

+130,943 

+83,321 

+214,264 

+74,896 

+74,896 

+80,443 

+80,443 

Insert graphic folio 181 28046A.040

Federal Assistance 

Capability Building 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

FY 2018 

Enacted 

FY 2019 

Request 

64,663 

Bill 

64,663 

Subtotal, Federal Assistance ................. . 64,663 64,663 

Total, Countering Weapons of Mass Destruction 

Bill vs. 

Enacted 

+64,663 

+64,663 

Office........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --- 429,266 434,266 +434,266 

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

Total, Title IV, Research and Development, Training, and Services ................. .. 1,562,896 1,526,602 1 ,623,118 +60,222 

( Discretionary Funding) ................. . (1 ,562,896) (1,526,602) (1 ,623, 118) (+60,222) (

(Non- Defense) .............................. . (1,562,896) (1,526,602) (1,623,118) (+60,222) (

(Defense) .................................... . --- ---

. 

--

---

Fee Funded Programs ............................ . 4' 350' 526 4,587,651 4,587,651 +237' 125 

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

Insert graphic folio 182 28046A.041

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

TITLE V - GENERAL PROVISIONS 

Financial Systems Modernization ...................... . 

Presidential Residence Protection Assistance ......... . 

Analysis and Operations (P.L. 115-31) (Rescission) ... . 

TSA Operations and Support (P.L. 115-31) (FY17) 

(Rescission) ....................................... . 

Coast Guard AC&I (P.L. 114-113) (FY16) (Rescission) .. . 

Coast Guard Alteration of Bridges (P.L. 108-334) 

(FY05) (Rescission) ................................ . 

Coast Guard Alteration of Bridges (P.L. 109-90) (FY06) 

(Rescission) ....................................... . 

Coast Guard Alteration of Bridges (P.L. 109-295) 

(FY07) (Rescission) ................................ . 

Coast Guard Alteration of Bridges (P.L. 110-61) (FY08) 

(Rescission) ....................................... . 

Coast Guard Alteration of Bridges (P.L. 111-83) (FY10) 

(Rescission) ............... . 

FY 2018 

Enacted 

41,800 

41,000 

-4,307 

-44,557 

-25,000 

-1 '786 

·1 '920 

-1 '791 

-3,222 

-3,681 

FY 2019 

Request 

---

---

---

---

---

---

··-

... 

-·-

... 

Bill 

---

41,000 

---

---

---

·--

---

-·· 

-.-

Bill vs. 

Enacted 

-41,800 

--- 

+4,307 

+44,557 

+25,000 

+1 '786 

+1 ,920 

+1 '791 

+3,222 

+3,681 

Insert graphic folio 183 28046A.042

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 201B 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

S&T RDA&O (PL114-113) (FY16) (Resc ssion) ............ . 

S&T O&S (PL115-31) (FY17) (Resciss on) .............. . 

S&T R&D (PL115-31) (FY17) (Resciss on) ............... . 

Legacy Funds (Rescission) ...................... . 

DHS Lapsed Balances (Rescission) .............. . 

Treasury Asset Forfeiture Fund (Rescission) .. . FEMA Disaster Relief Fund (DRF) (Rescission) .. 

House full committee amendment (Harris) H-2B returning worker. . ....................................... . 

House full committee amendment (Yoder) - High-Skilled Worker Visas ....................................... . 

House full committee amendment (Price) - policy change House full committee amendment (Newhouse) H-2A ..... . 

FY 2018 

Enacted 

-2,000 

-2,000 

-6,000 

-100 

-27,980 

-364,162 

FY 2019 

Request 

-300,000 

Bi 11 

6,000 

-1,000 

7,000 

1 ,000 

Bill vs. 

Enacted 

+2,000 

+2,000 

+6,000 

+100 

+27,980 

+364' 162 

+6,000 

-1 ,000 

+7,000 

+1 ,000 

+

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

Total, Title V, General Provisions ..... 

(Discretionary Funding). 

(Rescissions/Cancellations). . ............... . 

-405' 706 

(82,800) 

( -488' 506) 

-300,000 

(-300,000) 

54.000 

(54,000) 

+459,706 

(-28,800) 

(+488,506) 

+

(

(+

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

Insert graphic folio 184 28046A.043

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

OTHER APPROPRIATIONS 

ADDITIONAL SUPPLEMENTAL APPROPRIATIONS FOR DISASTER 

RELIEF REQUIREMENTS, 2017 (P.L. 115-72) 

Federal Emergency Management Agency 

Oi saster Relief Fund (emergency) .................. . 

National Flood Insurance Fund (debt cancellation) 

(Sec. 308) (emergency) ............................. . 

FY 2018 

Enacted 

18,670,000 

16,000,000 

FY 2019 

Request Bill 

Bi 11 vs 

Enacted 

-18,670,000 

-16,000,000 

=======~====== ============== ============== ============== ======

Total, Additional Supplemental Appropriations 

for Disaster Relief Requirements (P.L. 115-72) 

(emergency) .................................. . 

BIPARTISAN BUDGET ACT OF 2018 

Office of Inspector General 

Operations and Support (emergency) .... 

U.S. Customs and Border Support 

Operations and Support (emergency). 

Procurement, Constructions, and Improvements 

(emergency) ....................... . 

Subtotal, U.S. Customs and Border Support ...... . 

34 '670' 000 

34 '670' 000 

-34,670,000 

-34,670,000 

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

25,000 -25,000 

104,494 -104,494 

45,000 -45,000 

149,494 -149,494 

Insert graphic folio 185 28046A.044

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

U.S. Immigrations and Customs Enforcement 

Operations and Support (emergency) ................. . 

Procurement, Constructions, and Improvements (emergency) ............................... . 

Subtotal, U.S. Immigrations and Customs 

Enforcement. . . . . .......................... . 

Transportation Security Administration 

Operations and Support (emergency) ... 

Subtota1, Transportation Security Administration 

Coast Guard 

Operating Expenses (emergency)... . ............... . Environmental Compliance and Restoration (emergency) Acquisistion, Construction, and Improvements (emergency) ...................................... . 

Subtotal, Coast Guard. 

FY 2018 

Enacted 

30,905 

33,052 

63,957 

10.322 

10,322 

112,136 

4,038 

718,919 

835,093 

FY 2019 

Request Bill 

Bill vs. 

Enacted 

·30,905 

·33,052 

·63,957 

-10,322 

·10,322 

112' 136 

-4,038 

-718,919 

-835,093 

Insert graphic folio 186 28046A.045

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Federal Emergency Management Agency 

Operations and Support (emergency) ....... . 

Procurement, Constructions, and Improvements (emergency) ........................... . 

Disaster Relief Fund (emergency) ................ . 

Subtotal, Federal Emergency Management Agency ... 

Federal Law Enforcement Training Centers Operations and Support (emergency) ............... . 

Procurement, Constructions, and Improvements (emergency) .............................. . 

Subtotal, Federal Law Enforcement Training 

Centers. . . . . . . . . . . . . . .................. . 

FY 2018 

Enacted 

58,800 

1,200 

23,500,000 

23,560,000 

5,374 

5,000 

10,374 

FY 2019 

Request Bill 

Bill vs. B

Enacted 

-58,800 

-1,200 

-23,500,000 

-23,560,000 

-5,374 

-5,000 

-10,374 

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

Total, Bipartisan Budget Act of 2018 .... 

(defense) .......... . 

(emergency) ......................... . 

Total, Other Appropriations ......... . 

(emergency appropriations) .... . 

(Defense) ......... . 

(Nondefense) ......... . 

24,654,240 

1 '200 

24,654,240 

59,324,240 

59,324,240 

1,200 

59,323,040 

-24,654,240 

-1,200 

-24,654,240 

-59,324,240 

-59,324,240 

-1 ,200 

-59,323,040 

Insert graphic folio 187 28046A.046

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2018 

AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2019 

(Amounts in thousands) 

Grand Total . . . . . . . . . . . . . ............. . 

(Oi scret i onary Funding) ..... . 

(Non-Defense) .......................... . 

(Discretionary Appropriations) ..... . (Emergency Appropriations) ............... . 

(Offsetting Collections) ................. . 

(Offsetting Collections)(Legislative Proposals) .............. . 

(Disaster Relief Category). 

(Rescissions) ...... . 

(Defense). . . ............................... . 

(Overseas Contingency on Operations/Global War on Terrorism) ...................... . 

(Other Defense) ......................... . 

(Mandatory Funding) ............................ . 

FY 2018 

Enacted 

116,252,357 

(114,576,240) 

(112,355,240) 

(50,342,061) 

(59,324,240) 

(- 4' 188' 555) 

(7,366,000) 

( -488. 506) 

(2,221,000) 

(163,000) 

(2,058,000) 

(1,676,117) 

FY 2019 

Request 

55,824,912 

(54,085,068) 

(52' 140' 069) 

(50,745,870) 

(·4,437,801) 

(-520,000) 

(6,652,000) 

(-300,000) 

(1,944,999) 

(1,944,999) 

(1 '739, 844) 

Bill 

59,834,844 

(58,095,000) 

(56,037,000) 

(53,822,801) 

(-4,437,801) 

(6,652,000) 

(2,058,000) 

(2,058,000) 

(1,739,844) 

Bill vs. 

Enacted 

-56,417,513 

(·56,481 ,240) 

(-56,318,240) 

(+3,480,740) 

(-59,324,240) 

(-249,246) 

(-714,000) 

(+488,506) 

(-163,000) 

(-163,000) 

(+63, 727) 

B

+4,0

(+4,0

(+3,8

(+3,0

(+5

(+3

(+1

(+1

============== ============== ============== ============== =======
(187) 

MINORITY VIEWS 

The allocation for the fiscal year 2019 Homeland Security Appro- priations bill is $51,435,000,000, an increase of $3,712,000,000 

above fiscal year 2018. This 7.8 percent increase—on top of a 12.5 

percent increase for fiscal year 2018—contrasts with flat funding in 

other Non-Defense appropriations bills. Such a large relative increase for the Homeland bill is particularly unjustified when considering how the entirety of the increase has been allocated. 

FUNDING PRIORITIES

The bill addresses several bipartisan and Democratic priorities, 

including increases for the State Homeland Security Grant Program and the Urban Areas Security Initiative, along with level 

funding for other first responder and anti-terrorism grants. It also 

provides an increase for the Office for Civil Rights and Civil Liberties, including a targeted increase for continued oversight of immigration enforcement and DHS partnerships with state and local 

law enforcement agencies. In addition, the bill continues the Cybersecurity Internship Program; provides additional funding for Immigration and Customs Enforcement (ICE) investigations into child 

exploitation; supports new health screening services for unaccompanied minors; re-establishes the Family Case Management Program; and restores funding for Research and Development at the 

Science and Technology Directorate, including funding for the University Centers of Excellence at the fiscal year 2018 level. 

IMMIGRATION ENFORCEMENT

While there is much in this bill that Democrats can support, the 

good is outweighed by the harm that would result from the bill’s 

support for an average daily population (ADP) in ICE detention of 

44,000, an increase of 3,480 from the current year and 10,000 

above fiscal year 2016. The bill would also support the hiring of 

304 additional Enforcement and Removal officers at ICE focused 

primarily on furthering the Trump Administration’s overly aggressive interior enforcement strategy. 

The Administration has claimed that its more aggressive enforcement approach in the interior of the United States is critically important to the national security and public safety of the country. 

While there is certainly no disagreement that we should be removing dangerous individuals, ICE is targeting the parents of unaccompanied children who cross the southern border to seek asylum. 

It is targeting people who have lived, worked, and paid taxes in 

this country for years, or even decades with no criminal infractions. 

ICE arrests of non-criminals increased by 147 percent in fiscal 

year 2017 compared to the prior year, and made up 26 percent of 

all arrests. These arrests are not required for national security or 

public safety, and have tragic consequences for individuals, famiVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00187 Fmt 6604 Sfmt 6604 E:\HR\OC\HR948.XXX HR948
188 

lies, and communities all over this country. Law enforcement officials continue to tell us that people are afraid to report serious 

crimes, including acts of domestic violence, and are less willing to 

come forward as witnesses to crimes because they fear being arrested by ICE. Teachers continue to tell us that their students, 

often regardless of immigration status, are afraid to go to school or 

leave their homes to play for fear their parents will be gone when 

they return. The trauma being inflicted on entire communities 

throughout our country cannot be overstated. Representatives Barbara Lee and Jose Serrano offered an amendment to prohibit ICE 

and Customs and Border Protection (CBP) from detaining people at 

sensitive locations, including schools and churches. The amendment was rejected by all Committee Republicans, allowing federal 

immigration officials to jeopardize the relationships of local law enforcement agencies with immigrant communities. 

Given that being in this country illegally is a civil violation, why 

would we choose to fund such excessive immigration enforcement 

over activities to combat real terrorist and criminal threats? Comprehensive immigration reform—combining strong enforcement 

with a path to legal status for many who are already living in the 

United States—is the only solution to this problem. For years, however, the Majority has blocked bipartisan efforts to fix it. 

We have a moral, as well as legal, responsibility when it comes 

to immigration enforcement. Just as other law enforcement agencies have discretion, ICE too can utilize discretion to enforce our 

immigration laws fairly and justly. Existing resources, used wisely, 

are sufficient for addressing the threat posed by criminal aliens 

who are truly dangerous. 

Unfortunately, the Committee majority rejected an amendment 

by Representative David Price that would have prohibited ICE 

from following Trump Administration guidance that has almost entirely limited the use of such discretion, with significant costs to 

taxpayers and immigrant communities. The majority also rejected 

an amendment to reduce ICE’s ADP for fiscal year 2019 to the current year level, which would have helped constrain the more indiscriminate enforcement practices ICE has followed under the current administration. 

BORDER INFRASTRUCTURE

Another major area of great concern is the $4,873,696,000 in the 

bill for new border infrastructure, compared to a budget request of 

only $1,600,000,000. There is no evidence that the benefits of such 

infrastructure come close to justifying the expense, which ranges 

between $25 and $32 million per mile, a cost that does not even 

take into account future year maintenance requirements. 

One reason given to justify this exorbitant cost is that the border 

fencing is needed to stop the flow of dangerous, illegal drugs, including opioids that are plaguing our communities and burdening 

our healthcare system. However, the vast majority of hard drugs 

come across our border at the ports of entry, not between the ports 

where fencing would be constructed. 

While we note that the bill does make smart investments in port 

of entry inspection technology, we should be doing much more in 

lieu of border fencing, and there are also other more urgent priorVerDate Sep 11 2014 08:37 Sep 13, 2018 Jkt 031472 PO 00000 Frm 00188 Fmt 6604 Sfmt 6602 E:\HR\OC\HR948.XXX HR948
189 

ities—in this bill and others—in which we should be investing taxpayer dollars. 

CONCEDING THE ARCTIC

Missing entirely from the Committee-reported bill is the $750,000,000 proposed by the Coast Guard for acquisition of the 

first new heavy icebreaker since the Polar Sea was commissioned 

in 1978, forty years ago. 

The Navy has delegated to the Coast Guard the primary responsibility for defending our national security interests in the Arctic. 

To effectively fulfill that responsibility, the Coast Guard must have 

heavy icebreakers capable of being armed with advanced weaponry. 

In fact, a 2017 report from the National Academies of Science recommended that the Coast Guard procure at least four heavy icebreakers. We cannot afford any further delay. 

The Russian icebreaker fleet consists of more than 27 icebreakers, four of which are heavy, with additional icebreakers 

under construction. China, which is thousands of nautical miles 

away from the Arctic, has three icebreakers. The United States 

currently has a seagoing icebreaker fleet of merely two functioning 

vessels, only one of which is a heavy icebreaker capable of operating in deep ice. 

That ship, the Polar Star, is 42 years old, which is well past its 

30-year expected operational life. It is not reliable and the cost to 

maintain it continues to rise. Currently, its primary mission is 

clearing a path through the ice to our research facilities in Antarctica. As a result, the United States has little to no presence in the 

Arctic for months at a time. The Polar Star is expected to function 

for only three to seven years more, after which the United States 

would be without any heavy icebreaking capability. 

By some estimates the Arctic holds 20 percent of the Earth’s natural resources. Access to the polar region is vital to the United 

States national security, search and rescue capability, economic interests, environmental stewardship responsibilities, and maritime 

mobility requirements. If Congress fails to appropriate the Coast 

Guard’s requested funding for fiscal year 2019, it will be unable to 

award a contract for shipbuilding, as planned, during the coming 

year and the procurement schedule will be significantly delayed. 

Making matters even worse, industry partners that may want to 

bid on a contract to construct new icebreakers may understandably 

begin to question the commitment of the federal government, and 

as a result may either refrain from bidding or build the cost of that 

additional risk into their bids. 

An amendment offered by Subcommittee Ranking Member Lucille Roybal-Allard to provide the Coast Guard’s fiscal year 2019 request for a heavy icebreaker was rejected by the Majority. The ostensible reason for this rejection was that the offset would have reduced funding for new border fencing from $4,873,696,000 to 

$4,123,696, which would have translated into 30 fewer miles of 

fencing. 

UNMET FUNDING PRIORITIES

Instead of unjustified investments in border infrastructure and 

the expansion of overly aggressive immigration enforcement, we 

190 

should invest more of our limited resources in cyber security, 

human trafficking investigations, and a range of Coast Guard vessels and aircraft, as our current drug interdiction efforts intercept 

only a fraction of the drugs that are being trafficked in the Caribbean Sea and Eastern Pacific Ocean. We should invest even more 

in new customs officers and research and technology and should restore funding for TSA’s Law Enforcement Officer Reimbursement 

Program and Visible Intermodal Prevention and Response teams. 

PROTECTING THE VULNERABLE

It is unfortunate that the Majority rejected a number of Democratic amendments designed to protect vulnerable immigrants, including an amendment to prohibit the detention of pregnant 

women, except under extraordinary circumstances; an amendment 

by Representative Debbie Wasserman Schultz to prohibit the detention of children by ICE for more than 20 days; and an amendment by Committee Ranking Member Nita Lowey and Representative David Price that would have prevented the removal of individuals from countries with current Temporary Protected Status designations that the Administration has announced it will not further 

renew. 

However, we were pleased that the Committee adopted an 

amendment offered by Representative David Price to reverse the 

recent decision by the Attorney General to significantly narrow the 

criteria under which individuals and families can make asylum 

claims. We were also heartened by the adoption of two amendments by Representative Pete Aguilar to prohibit ICE from removing Deferred Action for Childhood Arrivals (DACA) participants, in 

light of reports that some individuals with DACA, including those 

who have served in the military, have already been removed from 

the country. These amendments simply ensure that ICE is following the administration’s stated policy that DACA participants in 

good standing will not be removed. 

However, this is no substitute for providing Dreamers with permanent legal status and a clear path to citizenship. The Speaker 

should bring the bipartisan Uniting and Securing America Act to 

the House floor for consideration without further delay. 

CONCLUSION

We want to extend our appreciation for the efforts of the subcommittee Chairman and his staff to work collaboratively with the 

minority throughout the development of this bill, including the incorporation of many minority language requests into the Committee report. Even in the midst of significant differences on several funding priorities and policy directions, the subcommittee continues to provide important oversight of the Department’s activities 

while ensuring that its more than 240,000 personnel have the resources they need to successfully carry out the Department’s important missions. 

NITA M. LOWEY. 

LUCILLE ROYBAL-ALLARD. 

Æ