House Report 115-239 - DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2018

[House Report 115-239]
[From the U.S. Government Publishing Office]

115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-239

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

DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2018

_______

July 21, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Carter of Texas, from the Committee on Appropriations, submitted
the following

R E P O R T

together with

MINORITY VIEWS

[To accompany H.R. 3355]

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, 2018.

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
4
Operations and Support..................... 2
5
Management Directorate............................. 2
8
Operations and Support..................... 2
8
Procurement, Construction, and Improvements 3
11
Research and Development................... 3
12
Intelligence, Analysis, and Operations Coordination 3
12
Operations and Support..................... 3
13
Office of Inspector General........................ 3
14
Operations and Support..................... 3
14
Administrative Provisions.................. 4
14
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection................. 7
15
Operations and Support..................... 7
15
Procurement, Construction, and Improvements 9
26
U.S. Immigration and Customs Enforcement........... 9
27
Operations and Support..................... 9
27
Procurement, Construction, and Improvements 10
37
Transportation Security Administration............. 10
38
Operations and Support..................... 10
38
Procurement, Construction, and Improvements 11
41
Research and Development................... 11
42
Coast Guard........................................ 12
42
Operating Expenses......................... 12
43
Environmental Compliance and Restoration... 12
45
Reserve Training........................... 13
45
Acquisition, Construction, and Improvements 13
46
Research, Development, Test, and Evaluation 13
47
Health Care Fund Contribution..............
48
Retired Pay................................ 14
48
United States Secret Service....................... 14
48
Operations and Support..................... 14
49
Procurement, Construction, and Improvements 16
50
Research and Development................... 16
51
Administrative Provisions.......................... 16
51
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate....... 24
53
Operations and Support..................... 24
53
Federal Protective Service................. 24
58
Procurement, Construction, and Improvements 24
58
Research and Development................... 24
59
Office of Health Affairs........................... 25
60
Operations and Support..................... 25
60
Federal Emergency Management Agency................ 25
61
Operations and Support..................... 25
61
Procurement, Construction, and Improvements 25
63
Federal Assistance......................... 25
64
Disaster Relief Fund....................... 28
68
National Flood Insurance Fund.............. 29
69
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services.......... 34
70
Operations and Support..................... 34
71
Procurement, Construction, and Improvements 34
72
Federal Law Enforcement Training Centers........... 34
72
Operations and Support..................... 34
73
Science and Technology Directorate................. 35
73
Operations and Support..................... 35
74
Research and Development................... 35
75
Domestic Nuclear Detection Office.................. 35
77
Operations and Support..................... 35
77
Procurement, Construction, and Improvements 35
77
Research and Development................... 36
78
Federal Assistance......................... 36
78
TITLE V--GENERAL PROVISIONS 39
79
This Act...........................................
79
Compliance with House Rules........................
93
Tables.............................................
106

Overview

The fiscal year 2018 President's budget request for the
Department of Homeland Security (DHS) reflects major policy
changes for how it secures the border and enforces immigration
laws inside the United States. Despite these policy shifts, the
objective for DHS remains the same--to ensure a homeland that
is safe, secure, and resilient against terrorism and other
hazards.
The fiscal year 2018 request proposes $50,794,385,000 in
total discretionary funds for DHS, of which $1,906,213,000 is
classified as budget function 050 (defense) funding and of
which $48,888,172,000 is classified as non-defense funding, of
which $6,793,000,000 is disaster relief.
For border security, the budget request includes an
increase above fiscal year 2017 of $1,720,180,000 for U.S.
Customs and Border Protection (CBP) to support a strategy of
attaining operational control of the border. Operational
control is to be achieved through four primary capabilities:
(1) domain awareness, defined as the ability to
detect, identify, and classify;
(2) impedance and denial, consisting of the ability
to prevent and deter illicit cross border activity;
(3) access and mobility, to enable the law
enforcement response to illicit activity; and
(4) mission readiness, which is achieved when Border
Patrol agents are trained appropriately and have the
equipment and tools needed to conduct their mission
successfully and safely.
The budget request includes a $1,130,222,000 increase above
fiscal year 2017 for U.S. Immigration and Customs Enforcement
(ICE) to promote robust enforcement of immigration laws. This
increase supports the expansion of ICE enforcement activities
to categories of individuals whose removal had previously been
deferred, including those with orders of removal issued prior
to January 1, 2014, and individuals with no record of criminal
convictions.
The Committee is pleased that the request fully funds the
fiscal year 2018 requirements for the United States Secret
Service, thus assuring that both its agents and Uniformed
Division officers are compensated for overtime and relocations.
Furthermore, the request helps reduce the need for overtime
through additional hiring.
Funding is proposed to increase the capacity of the E-
Verify system in preparation for a potential transition to
mandatory use at the national level in the future.
Cuts proposed for the Federal Emergency Management Agency
(FEMA) grant programs are troubling because the risk of
terrorist attacks has not diminished since September 11, 2001,
particularly in high threat, high density urban areas. Ensuring
that communities are prepared to prevent, mitigate, effectively
respond to, and recover from acts of terrorism should not be
short-changed. Consequently, the Committee's recommendation
sustains FEMA grant programs at fiscal year 2017 levels.
Likewise, cuts to ICE's Visa Security Program--which ensures
law enforcement officers have an opportunity to review visa
applications and interview applicants prior to their arrival in
the United States--have been restored to fiscal year 2017
levels.
Of concern is the Administration's assumption that a
proposed increase in the aviation passenger security fee will
reduce the Transportation Security Administration's requirement
for discretionary funding by $500,000,000. The prior
Administration routinely proposed similar fee increases, which
have little or no chance of being enacted. DHS should fight for
a topline budget increase rather than employ tactics that put
it at risk of being unable to carry out its national security
mission.
The Committee is pleased with the headway that has been
made to strengthen and institutionalize DHS's management
processes. Despite commendable progress, more can be done
particularly in the areas of planning and programming for
required capabilities. DHS components--especially those that
are operational--would benefit from a more transparent,
rigorous, and common approach. DHS should leverage the Joint
Requirements Council (JRC) to ensure that enterprise solutions
are used whenever appropriate and cost effective.
As the Committee has opined in prior reports, it will take
time to establish a culture of joint operations and
interoperability. DHS's components will have to overcome
longstanding parochial instincts and better integrate into
joint command-and-control structures. But the Committee
believes that, in a world where threats emerge without warning,
leveraging the power that a more joint DHS can bring is vital
to protecting the homeland.

Summary

The Committee recommendation includes $51,121,000,000,
including $44,328,000,000 within the bill's 302(b) budget
allocation, and $6,793,000,000 as a budget cap adjustment for
disaster relief. Title I contains funds for departmental
management activities. Title II ensures the Department's
frontline operational components have adequate resources to
carry out effectively their security, enforcement, and
investigative missions. Title III includes funds necessary to
prepare for, respond to, and recover from natural disasters;
chemical, biological, radiological, or explosive attacks; and
cyber-attacks on the population or the nation's critical
infrastructure. Title IV supports law enforcement training;
citizenship, immigration, and employment eligibility
verification services; nuclear and radiological detection; and
research and development functions. Title V includes basic
general provisions for oversight, reprogramming guidance,
transfer authority, reports, 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 of 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

Mission

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 2017....................... $137,034,000
Budget request, fiscal year 2018...................... 130,307,000
Recommended in the bill............................... 138,997,000
Bill compared with:
Appropriation, fiscal year 2017................... +1,963,000
Budget request, fiscal year 2018.................. +8,690,000

The Operations and Support (O&S) appropriation supports the
costs incurred for day-to-day operation and maintenance of
OSEM, including salaries, services, supplies, utilities,
travel, training, transportation, and minor procurement,
construction, and improvement projects.

Recommendation

The Committee recommends $138,997,000 for O&S, $8,690,000
above the amount requested and $1,963,000 above the amount
provided in fiscal year 2017.
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....... $18,043,000 $18,028,000
Office of Policy.............. 36,837,000 41,624,000
Office of Public Affairs...... 5,143,000 5,000,000
Office of Legislative Affairs. 5,056,000 5,056,000
Office of Partnership and 12,603,000 13,422,000
Engagement...................
Office of General Counsel..... 18,501,000 18,501,000
Office for Civil Rights and 20,679,000 23,571,000
Civil Liberties..............
Office of the Citizenship and 5,944,000 5,944,000
Immigration Services
Ombudsman....................
Privacy Office................ 7,501,000 7,851,000
-------------------------------------
Total, Operations and $130,307,000 $138,997,000
Support..................
------------------------------------------------------------------------

Over the last several years, the Department has adopted a
standard practice of artificially reducing its budget request
by proposing fee increases that are unlikely to be enacted, and
fiscal year 2018 is no exception. As a consequence, the
Department's total discretionary funding requirement is far
higher than represented in the budget request. If a topline
discretionary funding increase is required in order for DHS
components to meet mission requirements, DHS leadership is
directed to work with the Office of Management and Budget (OMB)
to directly propose that funding. Until that happens, official
reception and representation funds in the Office of the
Secretary are limited to $30,000, which is $15,000 below the
request.
Now that the roles, missions, and processes of the Joint
Requirements Council (JRC) have been established, DHS should
consider whether the organization should be moved from the
Office of the Secretary to the Management Directorate, which is
a better functional fit. If so, DHS is directed to make the
change for fiscal year 2018 through a transfer of funds under
the authority provided in section 503 of this Act, and to
memorialize it in the fiscal year 2019 budget request. As in
the past, DHS is directed to provide quarterly briefings to the
Committee on the activities of the JRC.
The explanatory statement accompanying Public Law 115-31,
along with House Report 114-668, directed the Secretary to
convene a Public Complaint and Feedback System working group to
support the sharing of best practices and the standardization
of feedback mechanisms, processes, customer service metrics,
and reporting across the Department. The Committee reiterates
its support for this effort and looks forward to the first
update on the progress of the working group by the deadline of
August 3, 2017.
The Department should continue to provide assistance, as
appropriate, to state police crime labs to ensure that federal
requirements do not burden state resources. DHS shall report
annually on its use of and partnerships with state crime labs,
including funding associated with such use and partnerships,
and should fully reimburse state crime labs it uses. The
Committee notes that the Department's partnerships with crime
labs are particularly important in border states.
The U.S. remains highly vulnerable to the impacts of a
natural or intentional biological or chemical event that could
be devastating to our citizens, our food supply, and our
economy. The Committee is concerned there is a lack of
coordination between DHS, the U.S. Department of Agriculture
(USDA), and other federal agencies on efforts to address risks
to the agricultural supply. DHS and USDA are directed to brief
the Committees not later than 180 days after the date of
enactment of this Act on the coordination between the two
departments and other relevant federal agencies on efforts to
address agro-threats. The briefing shall include an assessment
of existing capabilities and capability gaps surrounding
intelligence and information gathering and surveillance
activities on agro-threats, including animal health, crop
health, impacts to human health, insect vectors, and impacts to
the national economy. The briefing shall also address how
agencies will collaborate on the future operation and funding
of the National Bio- and Agro-defense Facility (NBAF),
including a plan for the transition of Plum Island to NBAF.
The Committee has increased the Office of Policy by
$4,787,400 above the request to accelerate the build-out of the
Immigration Data Integration Initiative. This initiative
continues 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
linkable 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.
A more formal engagement between the Department and
appropriate Mexican authorities could help facilitate the
development of common or complementary approaches in areas of
mutual interest, including border infrastructure, immigration
enforcement, facilitating the flow of low-risk cargo and
passengers, cross-border violence, and criminal networks. The
Committee encourages the Department, in partnership with the
Department of State, to explore new opportunities for
cooperation with Mexican authorities, such as a cross-border
working group, and to report back to the Committee within 90
days of the date of enactment of this Act.
As the Department continues to implement the REAL ID Act,
the Committee encourages continued collaboration with states,
including the appropriate use of reasonable extensions that
provide additional time for states to come into compliance with
the required minimum standards.
The Blue Campaign, a department-wide initiative to combat
human trafficking, has historically been funded through end-of-
year contributions from components and detailed personnel, an
approach that is not appropriate for the program's long-term
sustainment. The fiscal year 2017 DHS Appropriations Act
included direct funding of $819,000 for the Blue Campaign to
support dedicated personnel, as requested, and to begin
transitioning the program away from a reliance on component
contributions. Unfortunately, the fiscal year 2018 request
proposed no direct funding for the program. The Committee
recommends $819,000 in continued direct funding for personnel
and directs the Secretary to sustain the program at its total
fiscal year 2016 level of $5,150,000 in fiscal year 2017 and
fiscal year 2018, using component contributions to cover non-
personnel program costs. DHS shall account for and propose
full, direct funding for the program in the justification
materials that accompany the fiscal year 2019 budget
submission, as directed in the explanatory statement
accompanying Public Law 115-31.
The Office for Civil Rights and Civil Liberties (CRCL)
works collaboratively with DHS components to improve policies,
practices, standards, and training related to civil rights and
civil liberties while also supporting homeland security
missions. The Committee recommends $23,571,000 for CRCL,
$1,000,000 above the fiscal year 2017 level, to sustain
enhancements provided for the Compliance Branch in fiscal year
2017 and to accommodate a higher workload in fiscal year 2018
across CRCL, including oversight of significant planned new
hiring by CBP and ICE, the expansion of ICE enforcement
activities and detention capacity, and the expansion of the
287(g) program. 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.
The Office of Citizenship and Immigration Services
Ombudsman is funded at $5,944,000 and the Privacy Office is
funded at $7,851,000, which supports the current services level
of activity for both offices.

Management Directorate

Appropriation, fiscal year 2017....................... $619,156,000
Budget request, fiscal year 2018...................... 768,664,000
Recommended in the bill............................... 726,431,000
Bill compared with:
Appropriation, fiscal year 2017................... +107,275,000
Budget request, fiscal year 2018.................. -42,233,000

Mission

The mission of the Management Directorate is to ensure
delivery of effective and efficient business and management
services across DHS to enable the Department to achieve its
mission to secure the United States. It does so by providing
policy, guidance, operational oversight and support, and
solutions for the management of the Department.

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2017....................... $597,817,000
Budget request, fiscal year 2018...................... 696,131,000
Recommended in the bill............................... 696,131,000
Bill compared with:
Appropriation, fiscal year 2017................... +98,314,000
Budget request, fiscal year 2018.................. - - -

The Operations and Support (O&S) account supports
enterprise leadership and business administration services,
including: financial management, acquisition oversight,
workforce management, physical and personnel security
requirements, administrative supplies and services, non-
programmatic information technology, day-to-day management of
headquarters-related property and assets, daily communications,
and other general day-to-day management and administration.

Recommendation

As requested, the Committee recommends $696,131,000 for
O&S, $98,314,000 above the amount provided in fiscal year 2017.
Of the total, the bill recommends two years of funding
availability totaling $227,516,000 of which $188,217,000 is for
the Office of the Chief Information Officer, $2,931,000 is for
the Nebraska Avenue Complex, and $36,368,000 is for the Office
of the Chief Readiness Support Officer.
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 $6,867,000 $6,867,000
Secretary for Management.....
Office of the Chief Readiness 70,900,000 70,900,000
Support Officer..............
Office of the Chief Human 56,852,000 56,852,000
Capital Officer..............
Office of the Chief Security 74,963,000 74,963,000
Officer......................
Office of the Chief 102,615,000 102,615,000
Procurement Officer..........
Office of the Chief Financial 66,369,000 66,369,000
Officer......................
Office of the Chief 317,565,000 317,565,000
Information Officer..........
-------------------------------------
Total, Operations and $696,131,000 $696,131,000
Support....................
------------------------------------------------------------------------

The Office of the Chief Readiness Support Officer 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.
House Report 114-668 directed the Department to provide a
plan to the Committee requiring all component-level field
offices to consolidate space, services, and assets. The
Committee looks forward to receiving this plan by the due date
of August 3, 2017.
The Committee directs the Department's Chief Acquisition
Officer to provide a briefing of summary ratings for all Level
1 and 2 programs on a quarterly basis.
Within the amount recommended for the Office of the Chief
Human Capital Officer is $3,000,000 to continue the
Cybersecurity Internship Program.
Included in the amount for the Office of the Chief
Financial Officer (OCFO) is $2,635,000 to develop a planning,
programming, budgeting, and execution tool and $3,256,000 to
establish a manpower analysis tool that can provide modeling
and financial analysis capability.
Annual obligation plans for each DHS component shall be
provided to the Committee not later than 45 days after the date
of enactment of this Act with updates of actual obligations
provided not later than 30 days after the end of each quarter.
For the annual obligation plan, DHS is directed to establish a
template that shall be used by every DHS component and shall
include quarterly spending targets for each account and
program, project, and activity (PPA). The initial submission
shall account for any undistributed cuts and will be used as a
baseline for subsequent reprogrammings or transfers in
accordance with section 503 of this Act. This requirement shall
apply to the fiscal year 2018 enacted budget.
DHS is commended for continuing the department-wide effort
to improve budget justification materials, including
acquisition documents that are more transparent and provide
useful insight into cost, schedule, and delivery. O&S
justification material, while much improved, continues to
include unnecessary background information, be repetitive, and
vary by component. DHS should consider developing a template
for O&S justifications with established cost drivers that each
component is required to utilize, especially operational
components. Given its interest in this issue, the Committee
will be requesting regular updates on DHS's progress.
With the exception of the Coast Guard, all DHS component
budgets are now formulated in four appropriations account
categories that use common definitions and have similar cost
drivers and pricing rules. The period of appropriation
availability for each category is not standardized across
components, however, which hinders consistent planning,
programming, budgeting, and execution. As part of the fiscal
year 2019 budget request, the Department shall submit a
proposal with more consistent periods of availability for all
DHS and component appropriations accounts.
Other differences among components include the PPA levels
that serve as controls for the purposes of reprogramming
notification thresholds. While some appropriations are divided
into only a single tier of PPAs, others have one or even two
additional sub-tier levels. In addition to being inconsistent,
some of the sub-tiers contain relatively small amounts of
funding, impeding day-to-day management decisions by requiring
a reprogramming notification to the Committees before even
small movements of funds can be made. To begin to address this
issue, the Committee recommends the consolidation of small,
sub-tier PPAs under the appropriations for some components. In
addition, the Committee directs DHS OCFO to review the existing
PPA structure, provide recommendations for improvement to the
Committee by October 1, 2017, and propose the new PPA format in
the fiscal year 2019 budget request.
The Committee recognizes the Department's progress in
requirements development and validation. Establishing the JRC
and implementing the Joint Requirements Integration Management
System better enable DHS to identify and validate all joint
operational requirements and link requirements and resources.
However, for the requirements process to be truly effective,
DHS components need to further develop their own requirements
generation processes. Therefore, the Department is directed to
require the operational components to establish requirements
functions that can address all emerging and extant requirements
across each component's range of missions. For the smaller
components who might not possess the resources to establish
this capability, the Department should help them develop their
requirements as well.
Multiple operational components at DHS lack comprehensive
plans to systematically replace vehicles and radios, which are
key tools of the trade for law enforcement officers. The
estimated cost to replace these assets is excessive and
probably unaffordable if requested in a lump sum. With the
projected growth in the size of the investigative force, this
requirement will only increase over time. Within 60 days after
the date of enactment of this Act, DHS, in collaboration with
the requisite components, shall brief the Committee on joint
plans to recapitalize and replace vehicles and radios. The
Committee directs CFO to require components to provide exhibits
in future budget submissions detailing the schedule and costs
to maintain the viability of its fleet of vehicles and radios.
The Committee recognizes the Department's progress in
evolving its Planning, Programming, Budgeting, and Execution
System (PPBES). The Department should continue to mature the
PPBES process by developing a system of record that tracks
funding from programming through execution. DHS is directed to
formally establish a requirement for this capability and
utilize an existing product that meets its needs while ensuring
all components provide input to the process.
In order to ensure the long-term security of technology
used to safeguard 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 notes the private sector's use of training
and certification as a successful way to retain cybersecurity
professionals and appreciates the Department's efforts to
utilize tuition assistance for employees in pursuit of formal
degrees or industry recognized certifications. In order to
maximize the Department's efforts, the Committee directs the
Secretary to review the transferability of cybersecurity
training programs and certification testing opportunities
across both the public and private sector, and to identify
resource constraints or other obstacles that might inhibit the
success of such retention efforts.
House Report 114-215 made clear the Committee's concerns
regarding the Department's failure to adequately address
shortfalls in its interoperable communications and required a
briefing from the Chief Information Officer on the Department's
plan to close those interoperability gaps. Despite this
requirement, and multiple Office of Inspector General (OIG)
reports indicating failures and providing recommendations,
there continue to be numerous communications gaps. Currently,
there are a number of local, state, and federal partnerships
using systems that increase the availability of interoperable
communications to all levels of first responders and serve as a
link for daily operations. The Committee directs the Department
to examine the practicality and supportability of leveraging
such partnerships to close existing DHS gaps, and to brief the
Committee on its findings within 180 days after the date of
enactment of this Act.
The Committee remains concerned with the compliance with
Homeland Security Presidential Directive 12, Policy for a
Common Identification Standard for Federal Employees and
Contractors, which mandates a federal standard for secure and
reliable forms of identification used to gain access to secure
facilities where there is a potential for terrorist attack. The
Committee is aware of existing technology solutions to verify
access credentials in real-time that may aid in implementation
of this policy, and directs DHS to review the solutions and
brief the Committee not later than 90 days after the date of
enactment of this Act.

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2017....................... $18,839,000
Budget request, fiscal year 2018...................... 69,988,000
Recommended in the bill............................... 27,755,000
Bill compared with:
Appropriation, fiscal year 2017................... +8,916,000
Budget request, fiscal year 2018.................. -42,233,000

The Procurement, Construction, and Improvements (PC&I)
appropriation provides support for the planning, operational
development, engineering, and purchase of one or more assets
prior to sustainment. Information technology included in the
account provides useful software and hardware in an operational
environment, including non-tangible assets.

Recommendation

The Committee recommends $27,755,000 for PC&I, $42,233,000
below the request and $8,916,000 above the amount provided in
fiscal year 2017.
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.................
Mission Support Assets and $69,988,000 $27,755,000
Infrastructure...............
-------------------------------------
Total, Procurement, $69,988,000 $27,755,000
Construction, and
Improvements.............
------------------------------------------------------------------------

With reservations, the Committee recommends $42,233,000 for
financial systems modernization (FSM) as requested; this amount
is included in a title V general provision. After many years of
effort and an investment of $133,000,000, DHS has concluded
that the Interior Business Center (IBC) at the U.S. Department
of Interior is unable to deliver a fully auditable financial
management solution that meets DHS's requirements. Reasons for
the failure of this effort are multi-fold, including inadequate
program management, inexperienced staff, lack of transparency
in communications and governance, IBC's failure to understand
the requirements and complexities of developing a solution for
an agency of DHS's size, and shortcomings in the initial
discovery process, which should have better identified these
challenges. Another critical factor is the initial OMB
directive pushing the Department in the direction of a federal
shared service provider, without which the Department may well
have been more cautious in engaging the IBC.
To mitigate the damage of this failed initiative, DHS is
undertaking several actions. The first is to sever the three
existing but incomplete software releases and any salvageable
hardware from the IBC and determine an appropriate alternative
hosting and software development vehicle. The second is to
develop an acquisition strategy that can successfully modernize
the financial systems for remaining DHS customers. To that end,
DHS is directed to follow Management Directive 102-01 and to
open any competition to private sector solutions.
DHS is directed to work with the General Services
Administration (GSA) to revise the Enhanced Plan for the build-
out of the St. Elizabeths Complex, incorporating lessons
learned from the ongoing Center Building renovation, and update
the Committee on changes to the cost and schedule of the
project.

RESEARCH AND DEVELOPMENT

Appropriation, fiscal year 2017....................... $2,500,000
Budget request, fiscal year 2018...................... 2,545,000
Recommended in the bill............................... 2,545,000
Bill compared with:
Appropriation, fiscal year 2017................... +45,000
Budget request, fiscal year 2018.................. - - -

The Research and Development (R&D) Appropriation provides
funds for prototype applications, technical demonstrations,
planning, and development of emerging technologies that can be
used to support DHS missions, primarily the Office of the Chief
Information Officer.

Recommendation

As requested, the Committee recommends $2,545,000 for R&D,
$45,000 above the amount provided in fiscal year 2017.

INTELLIGENCE, ANALYSIS, AND OPERATIONS COORDINATION

Appropriation, fiscal year 2017....................... $263,551,000
Budget request, fiscal year 2018...................... 252,405,000
Recommended in the bill............................... 252,405,000
Bill compared with:
Appropriation, fiscal year 2017................... -11,146,000
Budget request, fiscal year 2018.................. - - -

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

The Operations and Support (O&S) appropriation supports the
Office of Intelligence and Analysis (I&A), which collects,
evaluates, and disseminates intelligence information, and the
Office of Operations Coordination, which provides incident
management and operational coordination.

Recommendation

As requested, the Committee recommends $252,405,000 for
O&S, $11,146,000 below the amount provided in fiscal year 2017.

Classified Programs

Recommended adjustments to classified programs and more
detailed oversight of funding for I&A are addressed in the
classified annex accompanying this report.
The Committee understands that the State of Texas is
considering the relocation of the North Texas Fusion Center
(NTFC) to the Dallas Fort Worth International Airport (DFW),
where it would be co-located with DFW public safety assets,
TSA, and the Federal Aviation Administration. DFW, which has
the highest threat level of any critical infrastructure target
in the Dallas-Fort Worth region, has a robust operation and 911
dispatch capability but lacks an intelligence center to
collect, collate, analyze, and disseminate classified
intelligence or public information regarding potential
terrorist threats or criminal activity impacting the airport.
Supported by the State of Texas and certified by DHS, the NTFC
serves 20 counties in North Texas with a cumulative population
of approximately eight million people and 209 law enforcement
agencies. The relocation of the NTFC is intended to create a
command operations center capable of addressing all emerging
threats in the North Texas region. Immediate benefits of this
co-location include the alignment of tactical real time crime
operations with advanced fusion intelligence analysis, and the
rapid expansion of information sharing and analytic
collaboration among North Texas public safety entities through
geographic proximity. The Committee expects I&A to keep it
apprised of this and other potential developments related to
the state fusions centers.

Office of Inspector General

Appropriation, fiscal year 2017....................... $175,000,000
Budget request, fiscal year 2018\1\................... 133,974,000
Recommended in the bill............................... 154,830,000
Bill compared with:
Appropriation, fiscal year 2017................... -20,170,000
Budget request, fiscal year 2018.................. +20,856,000

\1\The budget request for fiscal year 2018 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 $157,974,000,

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

\1\1The budget request for fiscal year 2018 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 $157,974,000,

The Operations and Support (O&S) account supports OIG
personnel, assessments of the Department's risks and
weaknesses, and the promotion of efficient and effective uses
of limited resources.

Recommendation

The Committee recommends $154,830,000 for O&S, $20,856,000
above the amount requested and $20,170,000 below the amount
provided in fiscal year 2017. Adding the proposed directed
transfer of $24,000,000 to this account from the FEMA Disaster
Relief Fund results in the recommendation being $3,044,000
below the amount requested. Of the funds provided, the OIG is
directed to allocate not less than $20,856,000 to disaster-
related investigations and audits.
As ICE expands the number of jurisdictions participating in
the 287(g) program, it will be important to ensure that it has
processes in place to monitor the performance of 287(g)-
designated officers. 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.

TITLE I--ADMINISTRATIVE PROVISIONS--THIS ACT

Section 101. The Committee continues and modifies a
provision requiring the Secretary to submit the Future Years
Homeland Security Program at the same time as the President's
budget proposal.
Section 102. The Committee continues and modifies a
provision requiring the Chief Financial Officer to submit
monthly budget execution and staffing reports within 30 days
after the close of each month.
Section 103. 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 104. The Committee continues a provision requiring
the Secretary to link all contracts that provide award fees to
successful acquisition outcomes.
Section 105. The Committee continues 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 106. The Committee continues and modifies a
provision related to official costs of the Secretary and Deputy
Secretary.
Section 107. The Committee continues a provision 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

Appropriation, fiscal year 2017....................... $12,186,881,000
Budget request, fiscal year 2018...................... 13,907,061,000
Recommended in the bill............................... 13,813,035,000
Bill compared with:
Appropriation, fiscal year 2017................... +1,626,154,000
Budget request, fiscal year 2018.................. -94,026,000

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.

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2017....................... $11,175,449,000
Budget request, fiscal year 2018...................... 11,592,341,000
Recommended in the bill............................... 11,553,315,000
Bill compared with:
Appropriation, fiscal year 2017................... +377,866,000
Budget request, fiscal year 2018.................. -39,026,000

The Operations and Support (O&S) appropriation funds all
appropriated operating costs required to achieve CBP's dual
mission of preventing suspected terrorists, terrorist weapons,
and other contraband from entering the United States, while
also facilitating the flow of legitimate trade and travel into
and out of the United States. The primary drivers behind these
costs are the salaries and benefits of CBP operational and
mission support personnel. The balance of this appropriation is
comprised of the operations and maintenance costs necessary to
sustain CBP equipment and facilities.

Recommendation

The Committee recommends $11,553,315,000 for O&S,
$39,026,000 below the amount requested and $377,866,000 above
the amount provided in fiscal year 2017. Included in the total
is $3,274,000 derived from the Harbor Maintenance Trust Fund.
The recommendation includes full funding for agent and officer
hiring initiatives, although the Committee remains concerned
with the ability of CBP to hire the requested staff.
The fiscal year 2018 President's budget request assumed
$157,000,000 in revenue collections generated through the
redirection of the Electronic System for Travel Authorization
(ESTA) surcharge fee for Brand USA. The recommendation does not
include the proposal as it requires new authorization
legislation that has not been enacted and is not under the
jurisdiction of the Committee.
While the recommendation supports all hiring initiatives
including the request for 500 new Border Patrol agents, it
includes a reduction to the adjustment to base pay of
$135,000,000 due to under execution of planned hiring in fiscal
year 2017 and a re-estimation of the cost of various full-time
equivalents (FTE) that were inaccurately or inconsistently
priced. For the second year in a row, the CBP budget proposed a
massive increase in excess of $260,000,000 across all PPAs for
``adjustments to base pay'' associated with maturation of the
workforce and annualization of prior year hiring. However, CBP
has been unable to explain how the upward and downward
adjustments were calculated, and how those adjustments align
with FTE in the PPAs. Additionally, CBP has been unable to
articulate which fiscal year 2017 positions are being
annualized.
The Committee remains concerned that attrition continues to
outpace hiring at CBP. Over the last two years, Congress has
routinely provided requested funding increases as CBP has
explored new and innovative strategies to improve hiring
processes and stem attrition. While some progress has been made
in reducing the time it takes to hire, attrition has outpaced
net hiring by 445 positions through the first eight months of
fiscal year 2017, a loss of capability that cannot continue. To
expand the hiring pool, CBP should consider allowing field
level offices to take the lead on recruiting. Agents and
officers know their communities and are likely the best face of
CBP for potential recruits. Another potential approach would be
to use exhibitions of the Border Patrol Pistol Team as a
recruitment tool, particularly if paired with the establishment
of a marksmanship program. CBP is directed to brief the
Committee not later than 60 days after the date of enactment of
this Act on its progress in addressing its continued critical
human capital challenges, to include an assessment of these and
any other new hiring or retention strategies it is considering.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:

------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Operations and Support
Border Security Operations
U.S. Border Patrol
Operations............ $3,787,694,000 $3,787,694,000
Assets and Support.... 670,895,000 653,895,000
Office of Training and 77,512,000 77,512,000
Development..............
-------------------------------------
Subtotal, Border 4,536,101,000 4,519,101,000
Security
Operations.......
Trade and Travel Operations
Office of Field Operations
Domestic Operations... 2,681,171,000 2,833,171,000
International 142,272,000 142,272,000
Operations...........
Targeting Operations.. 236,572,000 221,572,000
Assets and Support.... 840,315,000 840,315,000
Office of Trade........... 263,301,000 252,926,000
Office of Training and 47,186,000 47,186,000
Development..............
-------------------------------------
Subtotal, Trade 4,210,817,000 4,337,442,000
and Travel
Operations.......
Integrated Operations
Air and Marine Operations
Operations............ 311,136,000 301,414,000
Assets and Support.... 520,046,000 520,046,000
Air and Marine 46,183,000 46,183,000
Operations Center....
Office of International 39,784,000 39,784,000
Affairs..................
Office of Intelligence.... 50,984,000 50,984,000
Office of Training and 6,534,000 6,534,000
Development..............
Operations Support........ 103,571,000 103,571,000
-------------------------------------
Subtotal, 1,078,238,000 1,068,516,000
Integrated
Operations.......
Mission Support
Enterprise Services....... 1,460,254,000 1,459,325,000
(Harbor Maintenance (3,274,000) (3,274,000)
Trust Fund)..........
Office of Professional 204,679,000 201,679,000
Responsibility...........
Executive Leadership and 102,252,000 102,252,000
Oversight................
-------------------------------------
Subtotal, Mission 1,767,185,000 1,763,256,000
Support..........
Adjustment to Base Pay - - - -135,000,000
Reduction
-------------------------------------
Total, Operations $11,592,341,000 $11,553,315,000
and Support......
------------------------------------------------------------------------

Border Security Operations

The Committee recommends $4,519,101,000 for Border Security
Operations, $17,000,000 below the amount requested and
$178,658,000 above the amount provided for fiscal year 2017.
The recommendation includes the following changes to the
request: a decrease of $20,000,000 from facilities and an
increase of $3,000,000 for electronic global information system
efforts to incorporate real-time activity, blue force tracking,
and supporting data and infrastructure to better visualize
operations and support critical analytic mapping.
The Committee strongly supports small unmanned aerial
systems (UAS) for surveillance of the border and directs CBP to
provide a briefing on the results on the ongoing demonstration
efforts for small UAS and planned procurements not later than
30 days after the completion of the demonstrations.
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.
The Committee is aware of new, innovative uses of fiber
optic technology for intrusion detection and communications.
CBP is directed to review this type of technology and brief the
Committee not later than 60 days after the date of enactment of
this Act on the feasibility and potential benefit of
incorporating it into its border security systems.
The Committee directs CBP to provide an update, within 60
days after the date of enactment of this Act, on its integrated
strategy for controlling Carrizo cane along the Rio Grande in
Texas. The update should include the current status and results
of bio-control activities; an inventory of border acreage that
requires control of Carrizo cane to support Border Patrol
operations; the percentage of such acreage that is routinely
controlled through bio-control agents, mechanical topping, or a
combination of the two; the annual cost of such control
activities; goals for increasing the acreage on which Carrizo
cane is routinely controlled; additional funding required to
achieve such goals; challenges to achieving such goals; and
related efforts to collaborate with the Science and Technology
Directorate, the U.S. Department of Agriculture, the Texas
State Soil and Water Conservation Board, and the Government of
Mexico.
The Committee directs CBP to survey Border Patrol stations
along the southwest border, as appropriate, regarding the
number and effectiveness of rescue beacons within their areas
of responsibility (AOR); the criteria used to determine where
rescue beacons can be usefully placed; and where additional
rescue beacons placed within their AOR could help save lives.
Within 90 days after the date of enactment of this Act, CBP
shall brief the Committee on its search and rescue efforts
during fiscal year 2017, including (1) the number of deaths, by
sector and cause of death; (2) the number of rescue beacons,
frequency of beacon activation, and rescues in response to
beacon activation, by sector; (3) the results of the survey of
Border Patrol stations on rescue beacons; and (4) options for
reducing the number of migrant deaths along the border,
including an assessment on the effectiveness of water supply
sites and rescue beacons and the potential for increased
collaboration with non-governmental organizations.
Border Patrol sector chiefs often have the most
comprehensive understanding of the challenges faced in their
geographic AOR. 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.
The Committee directs CBP to collect and publicly report on
its website data pertaining to all checkpoints, transportation
checks, and roving patrol stops, to be updated semi-annually
with all necessary redactions of personally identifiable
information about specific individuals. For roving patrols, the
data should include: (1) the total number of use of force
incidents and arrests by location; (2) the citizenship status
of subjects arrested; and (3) the amount and type of property
seized. For transportation checks, the data should include: (1)
a description of the boarding of public conveyance by CBP in
air, maritime and ground stations, ports, and terminals when an
arrest is made; (2) the total number of use of force incidents
and arrests by location; (3) the citizenship status when an
arrest is made; and (4) the amount and type of property seized.
For checkpoints, the data should include (1) the location of
all tactical and permanent checkpoints that were in operation
for any period of time; (2) the total number of use of force
incidents and arrests by location; (3) the citizenship status
of subjects arrested following secondary inspection; (4) the
amount and type of property seized; and (5) a description of
how the agency uses information collected by cameras and
license plate readers.

Trade and Travel Operations

The Committee recommends $4,337,442,000 for Trade and
Travel Operations, $126,625,000 above the amount requested and
$152,279,000 above the amount provided for fiscal year 2017.
The recommendation includes the following decreases to the
request: $5,000,000 from the new Commercial Technology
Innovation Program initiative; $10,375,000 from the Office of
Trade increase due to incorrect pricing of FTEs; and
$15,000,000 from the proposed National Targeting Center (NTC)
enhancements. While the Committee strongly supports CBP's
targeting efforts, the Committee notes that NTC funding has
almost quadrupled in just four years.
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.
The workload staffing model used by CBP indicates the need
for more than 2,000 additional officers at the ports of entry.
The Department has again proposed increases to immigration
inspection fees to support these required officers that are
unlikely to be enacted by Congress. Because most foreign-source
illegal drugs and contraband are transported through the ports
of entry, the Committee expects future budget requests to
propose additional discretionary resources to help close the
gap in requirements for CBP officers at the ports.
While CBP's resource allocation model has greatly improved
its ability to make informed staffing decisions, the Committee
understands that CBP must routinely update the model to account
for new trade and travel data and to address any newly
identified gaps, including airport expansions. Any
modifications to the model shall be described in the fiscal
year 2019 budget. To avoid law enforcement and security
sensitivities, CBP is encouraged to provide staffing
requirements at the field office level and to continue to work
with expanding airports on options to alleviate wait times.
House Report 114-668 encouraged CBP to work with the U.S.
Department of Agriculture to explore how existing staff can be
leveraged to better address the agriculture inspection
workload, such as through the authorization of additional work
hours or dual certification. The Committee expects the
Department to continue to work to alleviate personnel
constraints placed on ports of entry, particularly those on the
U.S.-Mexico border with regard to phytosanitary certifications
for exported goods.
Within 180 days after the date of enactment of this Act,
CBP shall report to the Committee on the following for all
ports of entry: the methodology for allocating officer overtime
resources; the overtime funding levels for fiscal years 2015,
2016, and 2017, at the national, regional, and port of entry
levels; the number of officers who received overtime pay in
those years; and the number that reached the overtime cap in
those years, at the national, regional, and port of entry
levels. The report should also address the process for
determining official hours of operation at a port of entry, and
how the hours might be changed to accommodate airport and
airline schedules.
The Committee notes that CBP is taking steps to improve the
efficiency and effectiveness of its automated cargo processing
system for tractor-trailers crossing our nation's land borders,
including launching a proof-of-concept pilot at the Juarez-
Lincoln Port of Entry 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 cargo
processing for tractor-trailers at land ports of entry not
later than 60 days after the date of enactment of this Act.
The Committee reminds CBP that its donation acceptance
authority requires it to take into account the impact of each
donation proposal on nearby ports of entry; the operations and
maintenance costs related to such donation; and the impact of
the proposed donation on staffing requirements. Donations
should not have the effect of diverting resources, including
CBP officers, to one port of entry at the expense of another.
CBP should provide regular updates on its public website
regarding its progress in implementing recommendations from GAO
Report 16-542, Antidumping and Countervailing Duties: CBP
Action Needed to Reduce Duty Processing Errors and Mitigate
Nonpayment Risk, 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 directs CBP to provide, within 90 days after
the date of enactment of this Act, a report on the following
for a representative group of domestic sea ports of entry for
each of the prior three fiscal years: the estimated value of
all goods entered for consumption; the percentage of maritime
cargo scanned with non-intrusive inspection (NII) technology;
the annual manpower, non-manpower recurring, and non-recurring
costs incurred, including the number and cost of NII equipment;
the value and types of contraband interdicted; and annual
revenue generated in duties, taxes, and fees.
During testimony before the Committee, a CBP official
confirmed that, due to space constraints at ports of entry
along the U.S.-Mexico border, it temporarily denied entry to
the United States to some individuals who asserted a fear of
returning to their home countries or an intention to seek
asylum under U.S. law. More recently, the Committee has become
aware of allegations that instances of this practice may be
continuing. While the Committee understands that the OIG is
reviewing the circumstances of such denials, it urges DHS to
take appropriate steps to ensure that the United States is
meeting its legal obligations to asylum seekers, such as
through guidance to the field reminding officers and agents
about CBP's legal responsibilities.
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. The Committee strongly encourages CBP to
quickly complete and provide to the Committees the related
report directed in House Report 114-668.
Consistent with House Report 114-668, the Committee
strongly encourages CBP to give priority consideration to an
application for port of entry 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 $11,000,000 for
the border security deployment program. CBP is encouraged to
continue to procure license plate reader technology.
Currently CBP and the Science and Technology Directorate
are working to assess commercially available drive-through X-
ray imaging systems to determine the operational throughput
that can be achieved for personal vehicles and commercial cargo
(trucks and buses) in primary, secondary, and outbound lanes.
Such technology could significantly advance CBP's ability to
intercept contraband at the ports of entry by using low to
medium energy systems that allow a driver to remain in a
vehicle while the inspection occurs; combination backscatter
and transmission capability to increase material
discrimination; under-vehicle inspection that provides a clear
picture of the undercarriage with the ability to zoom into
specific spots for a closer view; and smaller footprint
designs. Not later than 60 days after the date of enactment of
this Act, CBP shall brief the Committee on the status of the
assessment, including a plan for demonstrating how promising
systems would operate at a port of entry and the estimated cost
of implementing such systems.
CBP is encouraged to continue its collaboration with the
U.S. Fish and Wildlife Service (FWS) on the re-engineering of
the FWS Message Set for the Automated Commercial Environment,
with pilot testing initiated as soon as is feasible. Providing
a centralized online access point to connect CBP, the trade
community, and partner government agencies will enhance
government data collection for international trade transactions
while expediting cargo processing and protecting against
prohibited shipments.
When international airports have insufficient volumes of
international passenger arrivals to justify the use of non-
reimbursable inspection services by CBP, they obtain such
services by paying a fee. When a domestic airport is attempting
to become a User Fee Airport (UFA) so that it can begin
receiving international flights, it must obtain the support of
its state governor, develop a business plan, install inspection
facilities, and complete a Memorandum of Agreement with CBP.
The Committee encourages CBP to work closely with airports
applying to become UFAs and provide constructive feedback on
navigating the UFA process.
House Report 114-668 required the Department to brief the
Committee on the results of the Request for Information (RFI)
soliciting proposals to improve maritime cargo security and
make progress towards achieving the 100 percent overseas
scanning requirement, and any promising proposals, best
practices, and pilots that could be realistically implemented
within the next two years. To date, the Committee has not
received the results or a briefing on the RFI responses.
Therefore, the Committee directs the Department to brief the
committee on the status the RFI responses no later than
September 15, 2017.
The Committee directs CBP to brief the committee within 120
days of the date of enactment of this Act on a plan to develop
a risk-based assessment and importer intelligence capability in
compliance with section 115 of the Trade Facilitation and Trade
Enforcement Act of 2015 (TFTEA) (Pub. L. 114-125).
There has been tremendous growth in imported products that
are certified organic under the United States Department of
Agriculture (USDA) organic standards. Imported products that
are certified organic are not currently tracked, so the total
quantity and origin of imported organic products is unknown.
The Committee urges CBP to add questions into the Automated
Commercial Environment to track imported products that are
certified organic under USDA organic standards.

Integrated Operations

The Committee recommends $1,068,516,000 for Integrated
Operations, $9,722,000 below the amount requested and
$36,696,000 above the amount provided for fiscal year 2017. The
recommendation includes a decrease of $9,722,000 due to the
repricing of requested FTE for Air and Marine Operations (AMO).
The Tethered Aerostat Radar System (TARS), which has been a
critical surveillance capability used to help maintain
operational control of the U.S. southern border and associated
air space for over 30 years, has exceeded its intended
operating service life. The fiscal year 2017 Act provided
$18,142,000 for the deployment of two TARS technology
enhancements, to include the field testing of key technologies
identified in the analysis of alternatives that have performed
well in Department of Defense (DoD) missions. The Committee
directs CBP to provide a briefing not later than 60 days after
the date of enactment of this Act on the status of the field
test and plans for recapitalization of the system.
While the Committee believes that UAS provide a vital
situational awareness capability to CBP, the agency has
struggled to increase flight hours using the existing fleet.
Not later than 60 days after the date of enactment of this Act,
CBP shall brief the Committee on the appropriate number of
pilots, support personnel, and UAS required to achieve 24/7
operations on the border. The brief should also address the
various standards for UAS pilots and how the standards differ
from those of DoD.

Mission Support

The Committee recommends $1,763,256,000 for Mission
Support, $3,929,000 below the amount requested and $145,233,000
above the amount provided in fiscal year 2017.
To improve oversight on the execution of funding for
personnel, the Committee expects 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.
With regard to the submission of expenditure plans directed
under the Office of the Chief Financial Officer heading in
title I of this report, the Committee directs that CBP's plan
also include obligation and budget execution data by PPA, sub-
PPA, project, and sub-project or severable end item for multi-
year funding appropriated in prior years; anticipated
carryover; and the planned obligation of carryover in future
years until all funds are obligated.
The Committee encourages the Department to use an
independent project delivery system to help manage the design,
construction, and operation of southwest border infrastructure.
The project delivery system should provide a single common
operating picture to all federal agencies and contractors
engaged in the development of infrastructure so that program
managers can exert appropriate control over factors affecting
cost, schedule, change orders, unnecessary rework, sensor
coverage optimization, and eminent domain decisions.
The Committee continues to direct CBP to report the death
of any individual in CBP custody or the death of any individual
subsequent to the use of force by CBP personnel within 24
hours, including relevant details regarding the circumstances
of the fatality.
The Committee is aware of new, innovative technologies, to
include ocular motor-based technologies, that have been
deployed internationally to combat insider threats, vet
immigration and other applications, and can be used together
with polygraph tests to reduce the time and cost associated
with pre-employment screening while improving efficiency. The
Committee directs the Department to review new technologies
that may be effective in improving the hiring process and
increasing vetting accuracy, and provide a briefing to the
Committee on the results not later than 60 days after the date
of enactment of this Act.
The Committee remains concerned with the attrition rate
among CBP officers and agents and understands that compensation
levels may be contributing to the problem. CBP is directed to
brief the Committee not later than 60 days after the date of
enactment of this Act on options to address pay parity relative
to other DHS components and other federal law enforcement
agencies, as well as on the potential use of special pays.
CBP is currently conducting a six-month trial of an
alternative polygraph exam, the Test for Espionage, Sabotage,
and Corruption (TES-C), for its law enforcement personnel as
part of an effort to make the hiring process more efficient and
effective at weeding out ineligible applicants. The trial was
initiated because CBP determined that the Law Enforcement Pre-
Employment Test (LEPET), which CBP has used historically, takes
longer than necessary, imprecisely focuses on CBP's criteria
for disqualifying past drug use, and is unnecessarily
adversarial in approach. CBP worked with the National Center
for Credibility Assessment (NCCA) to adapt an existing exam,
the Test for Espionage and Sabotage (TES), to focus more
heavily on corruption, resulting in the NCCA-approved TES-C
that CBP is currently piloting. As directed by Congress in the
explanatory statement accompanying Public Law 115-31, CBP
intends to directly compare the results of using the TES-C with
those of the LEPET for similar populations to ensure that any
future adoption of the TES-C on a permanent basis does not
introduce risk into the hiring process. Separately from the
TES-C trial, CBP is also taking steps to improve its approach
to the continuous evaluation of current personnel throughout
their career at CBP. The Committee expects CBP to be fully
transparent regarding the results and analysis of the TES-C
trial, including the posting of all non-sensitive information
regarding the trial on its public website. A detailed report to
congressional committees of jurisdiction on the results of the
trial is due upon its completion.
The Committee directs DHS to provide a report not later
than 90 days after the date of enactment of this Act describing
in detail how it is complying with the Buy American Act and
Kissel Amendment including what measures it is taking to ensure
compliance. The report shall also include the following: the
total number of uniforms purchased in fiscal year 2016 and
fiscal year 2017; the estimated cost for uniforms to be
manufactured and produced outside and inside the United States;
and status of all contracts for uniform procurement.
The Committee is concerned by a reported increase in
individuals fraudulently entering the United States on non-
immigrant visas in order to give birth in this country. While
individuals are welcome to come to the U.S. on a tourist or
other visa, it is against the law to apply for admission under
false pretenses. The Committee is also concerned with reports
that different ports of entry may not be consistently applying
CBP guidance in this area, allowing individuals seeking to
exploit the visa process to direct pregnant women to specific
ports of entry with more lenient admission practices. The
Committee directs CBP to investigate these fraud allegations
and take steps to ensure that admission criteria are applied
uniformly across ports of entry.
The Committee notes that the Acting Commissioner recently
directed the formation of a CBP working group to identify
deficiencies and opportunities for improvement in the ability
of AMO to satisfy air and marine support requirements for the
Border Patrol and other departmental components. The Committee
encourages the working group to ensure that it also considers
the need for AMO support in critical source and transit zones.
CBP is directed to provide regular updates on the schedule and
progress of the working group, and to brief the Committee on
the recommendations it makes to the Acting Commissioner. Until
AMO is capable of fulfilling support requirements for the
Border Patrol, the Committee urges CBP to continue to request
air surveillance support from DoD through Operation Phalanx.
The Committee is concerned by reports of the separation of
some family units after apprehension by CBP or prior to
crossing the border. CBP should ensure that processing
decisions consider family unity as a primary factor and, to the
greatest extent possible, that separated family units are
reunited prior to removal, release from CBP custody, or
transfer to ICE or Office of Refugee Resettlement (ORR)
custody.
The Committee is aware of concerns that CBP activities and
policies may sometimes lack public transparency and may be
subject to inadequate data collection and reporting. The
Committee directs CBP to reiterate its commitment to a policy
of ``maximum disclosure, minimum delay'' in releasing
information to the media and public; continue to post all
policies and guidelines that may be of interest to the public
on the agency's website; and continue--or expand as
practicable--data collection that more effectively detects and
deters abuse, strengthens accountability, and ensures effective
use of limited resources.
Beginning within 60 days after the date of enactment of
this Act, CBP shall report to the Committee on the numbers of
detainees currently held by CBP for more than 48 and 72 hours,
respectively. This reporting should be updated monthly and
include a list of all CBP facilities used for holding
detainees, including the average daily population and daily
population at the time of publication.
The recommendation includes $5,000,000, as proposed for
continued demonstrations and infrastructure investments
associated with the CBP Camera Technology Initiative. The
Committee understands that funds provided in the fiscal year
2017 Department of Homeland Security Appropriations Act for
this program will be used for a Camera Technology Operational
Demonstration and Evaluation of Incident-Driven Video Recording
Systems (IVDRS), which combines Body Worn Cameras, Vehicle
Mounted Cameras, and fixed cameras in selected operational
environments. CBP plans to evaluate the procured cameras in the
field setting in the coming months and will continue to develop
its operational and technical requirements for incident-based
camera technology, including data infrastructure and security
needs, policy and privacy considerations, and collective
bargaining obligations. CBP currently plans to use fiscal year
2018 funding to finish the IDVRS demonstrations and to support
an independent evaluation of the program.
The Committee expects CBP, working with the DHS Office for
Civil Rights and Civil Liberties and the DHS Privacy Office, to
establish clear policies on the use of cameras to ensure they
protect the privacy of both CBP personnel and the public.
Within 60 days after the date of enactment of this Act, CBP
shall brief the Committee on its plans for taking the camera
initiative from the demonstration phase to the operational
phase. The briefing should also address CBP's policies for how
and when such devices will be used; how CBP will alert members
of the public when cameras are in operation; how recorded data
will be controlled; the period of time such data will be
retained; and who will have access to such data, including
individuals recorded and CBP personnel, and under what
circumstances.
The recommendation includes $3,307,000 to hire 30
additional criminal investigators in the Office of Professional
Responsibility. This funding is in addition to $10,972,000
provided for 40 additional criminal investigators in the fiscal
year 2017 Act. These new positions will support the thorough
vetting of new law enforcement personnel and the timely
investigation of corruption and use of force allegations
involving CBP personnel. The Committee directs CBP to make
information on corruption and use of force allegations publicly
available on its website, including at a minimum: (1) a
description of each case reviewed by a national Use of Force
Review Board (UFRB) and a summary of the UFRB's findings; (2) a
description of each case addressed through CBP's internal
review process and a summary of the findings; (3) a statistical
summary of local UFRB activity; and (4) a description of any
changes to policy, tactics, or training that were made based on
CBP's or the UFRB's findings and the timeline for their
implementation.
The Committee directs CBP to provide a briefing not later
than 60 days after the date of enactment of this Act on border
search authorities and how such authorities are implemented.
The briefing shall cover federal statutes and regulations that
allow for the inspection of baggage and merchandise, including
electronic devices, arriving into the U.S. Customs territory
from places outside the United States.

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2017....................... $771,017,000
Budget request, fiscal year 2018...................... 2,063,719,000
Recommended in the bill............................... 2,008,719,000
Bill compared with:
Appropriation, fiscal year 2017................... +1,237,702,000
Budget request, fiscal year 2018.................. -55,000,000

The Procurement, Construction, and Improvements (PC&I)
appropriation provides funds necessary for the planning,
operational development, engineering, and purchase of one or
more assets (end items) prior to sustainment.

Recommendation

The Committee recommends $2,008,719,000 for PC&I,
$55,000,000 below the amount requested and $1,237,702,000 above
the amount provided for fiscal year 2017.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:

------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Procurement, Construction, and
Improvement
Border Security Assets and $1,715,163,000 $1,702,163,000
Infrastructure...............
Trade and Travel Assets and 109,240,000 109,240,000
Infrastructure...............
Integrated Operations Assets
and Infrastructure
Airframes and Sensors..... 137,335,000 106,335,000
Watercraft................ 3,573,000 3,573,000
Other Systems and Assets.. 12,200,000 1,200,000
Construction and Facility 59,775,000 59,775,000
Improvements.................
Mission Support Assets and 26,433,000 26,433,000
Improvements.................
-------------------------------------
Subtotal, Procurement, $2,063,719,000 $2,008,719,000
Construction, and
Improvements.............
------------------------------------------------------------------------

Border Security Assets and Infrastructure

The Committee recommends $1,702,163,000 for Border Security
Assets and Infrastructure, $13,000,000 below the amount
requested and $1,169,121,000 above the amount provided in
fiscal year 2017.
The recommendation includes the requested $1,571,239,000
for border infrastructure construction, including: $784,000,000
for 32 miles of new border fencing in Rio Grande Valley (RGV),
TX; $498,000,000 for 28 miles of new levee wall in RGV, and
$251,000,000 for 14 miles of secondary fencing in San Diego,
CA. This funding is in addition to funding appropriated in
fiscal year 2017 to replace 40 miles of primary fencing,
including: $15,000,000 for 2 miles in El Centro, CA;
$102,000,000 for 14 miles in San Diego, CA; and $175,000,000
for 24 miles in El Paso, TX.
``CBP is directed to post on its website information
regarding its plans and activities, as appropriate, related to
the construction of new physical infrastructure along the
southern border, including related activities of the U.S. Army
Corps of Engineers (USACE) and the use of funds transferred to
USACE for such activities.
Additionally, as requested, the recommendation includes:
$8,955,000 for Cross Border Tunnel Threat; $17,438,000 for
Integrated Fixed Towers; $1,600,000 for Mobile Video
Surveillance Systems; $20,000,000 for Unattended Ground
Sensors; and $49,738,000 for border road construction. The
recommendation decreases Remote Video Surveillance Systems due
to the inability to execute the funds for production in fiscal
year 2018.

Trade and Travel Assets and Infrastructure

The Committee recommends $109,240,000 for Trade and Travel
Assets and Infrastructure for non-intrusive inspection systems,
the same as the amount requested and $38,098,000 above the
amount provided for fiscal year 2017.

Integrated Operations Assets and Infrastructure

The Committee recommends $111,108,000 for Integrated
Operations Assets and Infrastructure, $42,000,000 below the
amount requested and $4,950,000 below the amount provided in
fiscal year 2017. As requested, the recommendation includes:
$55,530,000 for two multi-role enforcement aircraft; $3,300,000
for FAA Next Generation radar systems; $7,800,000 for various
sensor upgrades; $14,034,000 for one medium lift helicopter;
and $13,250,000 for tactical communications. The recommendation
also includes $12,321,000 for two light enforcement
helicopters, a reduction of $31,000,000 due to anticipated
acquisition delays.

U.S. Immigration and Customs Enforcement

Appropriation, fiscal year 2017....................... $6,435,240,000
Budget request, fiscal year 2018...................... 7,565,462,000
Recommended in the bill............................... 7,054,942,000
Bill compared with:
Appropriation, fiscal year 2017................... +619,702,000
Budget request, fiscal year 2018.................. -510,520,000

Mission

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

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2017....................... $6,405,440,000
Budget request, fiscal year 2018...................... 7,512,563,000
Recommended in the bill............................... 7,002,043,000
Bill compared with:
Appropriation, fiscal year 2017................... +596,603,000
Budget request, fiscal year 2018.................. -510,520,000

The Operations and Support (O&S) appropriation supports the
prevention of terrorism, securing the nation's borders,
enforcing U.S. immigration laws, and safeguarding cyberspace
through the enforcement of federal laws governing trade and
travel.

Recommendation

The Committee recommends $7,002,043,000 for O&S,
$510,520,000 below the amount requested and $596,603,000 above
the amount provided for fiscal year 2017. Of the total, the
bill recommends two years of funding availability for the
amount of $20,000,000 for activities authorized under 18 U.S.C.
2510-2522, and $13,700,000 for the Visa Security Program and
investigations abroad.
The Committee's recommendation promotes the goals of:
enforcing all immigration and customs laws; investigating and
dismantling transnational criminal organizations, including
those that traffic and smuggle people--especially children--as
well as narcotics, weapons, and other contraband into the
United States; ascertaining facts about the composition of the
detained and non-detained alien population in removal
proceedings and their legal claims; screening 100 percent of
visa applications; and increasing the size of the workforce.
The Committee notes that ICE's request for 51,379 detention
beds was predicated on a combination of several factors,
including an average daily population (ADP) of over 42,000
detainees at the start of the fiscal year; a major increase in
detentions resulting from the addition of 1,000 officers and
agents; expanded 287(g) participation; and the reinstatement of
the Secure Communities program. The ADP for the beginning of
fiscal year 2018 is now projected to be 38,000, and the process
of hiring and training new personnel will delay any significant
increase in the number of ICE officers for interior enforcement
until late in fiscal year 2018. Therefore, the recommendation
supports an ADP of 44,000, which is an increase of 4,676 beds
and $704,530,000 above the amount provided in fiscal year 2017.
The Committee's recommendation includes full funding for
the request to hire 1,606 additional officers, agents, and
support staff. However, ICE's budget request for pay and
benefits was built on the assumption of ending fiscal year 2017
with 20,570 personnel onboard and annualized the cost for that
level of manning to determine the pay baseline for fiscal year
2018. Given current manning levels, hiring, and attrition, ICE
will likely fall short of that estimate by over 1,000
positions, reducing the amount required in fiscal year 2018.
Therefore, the Committee includes a $92,950,000 decrease to the
baseline for expected under execution of salary and benefits.
The Committee is concerned about the findings of the OIG
regarding over 850 aliens who were granted U.S. citizenship
even though they had previously been ordered removed under
another identity (OIG-16-130). At issue was the unavailability
of digital fingerprint records that could have accurately
identified these individuals and their ineligibility for
naturalization. According to the report, ICE has identified
148,000 older fingerprint records that have not yet been
digitized for aliens with final deportation orders or who have
criminal records or are fugitives. Until these records have
been digitized and included in DHS and FBI fingerprint
databases, USCIS risks making additional immigration benefit
decisions without complete information, potentially resulting
in the naturalization of more individuals who may be ineligible
for citizenship or who may be trying to obtain U.S. citizenship
fraudulently. Within 90 days after the date of enactment of
this Act, ICE shall brief the Committee on its progress in
digitizing paper based fingerprint records, as well as the
status of efforts to identify and refer to the Department of
Justice the individuals identified in the OIG report.
As noted in title I of this report, the Committee is
concerned that ICE lacks a comprehensive plan to systematically
replace vehicles and radios, which are key tools of the trade
for law enforcement officers. Over 3,800 vehicles operated by
HSI, representing 50 percent of the HSI fleet, are eligible for
replacement based on age or mileage, and 11,000 vehicular and
mobile radios will be obsolete by the year 2020 because the
manufacturer no longer produces them and will not guarantee the
availability of parts by that time. The estimated cost to
replace these assets exceeds $190,000,000, a bill neither the
Department nor the Congress can afford to provide in a lump
sum. With the projected growth in the size of the investigative
force, this requirement will only increase over time. Within 60
days after the date of enactment of this Act, ICE shall brief
the Committee on its plans to recapitalize and replace vehicles
and radios.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:

------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Operations and Support
Homeland Security
Investigations
Domestic Investigations... $1,798,095,000 $1,810,095,000
International 140,873,000 158,873,000
Investigations...........
Intelligence.............. 79,905,000 79,905,000
-------------------------------------
Subtotal, Homeland 2,018,873,000 2,048,873,000
Security
Investigations.......
Enforcement and Removal
Operations
Custody Operations........ 3,601,472,000 3,240,596,000
Fugitive Operations....... 184,668,000 184,668,000
Criminal Alien Program.... 412,080,000 412,080,000
Alternatives to Detention. 177,700,000 177,700,000
Transportation and Removal 484,894,000 398,200,000
Program..................
-------------------------------------
Subtotal, Enforcement 4,860,814,000 4,413,244,000
and Removal
Operations...........
Mission Support............... 350,391,000 350,391,000
Office of the Principal Legal 282,485,000 282,485,000
Advisor......................
Adjustment to Base Pay - - - -92,950,000
Reduction....................
-------------------------------------
Total, Operations and $7,512,563,000 $7,002,043,000
Support..............
------------------------------------------------------------------------

Homeland Security Investigations

The Committee recommends $2,048,873,000 for HSI,
$30,000,000 above the request and $24,320,000 below the amount
provided in fiscal year 2017.
Domestic Investigations. The Committee recommends a total
of $1,810,095,000 for Domestic Investigations for high-priority
mission areas, including activities at the Child Exploitation
Unit at the Cyber Crime Center and Operation Angel Watch;
commercial fraud and intellectual property rights enforcement;
anti-proliferation; gangs and transnational criminal
organizations; cybercrimes investigations; and anti-terrorism
activities.
The Committee notes that the fiscal year 2018 request did
not include funding within Domestic Investigations to sustain
enhancements for programs of ongoing congressional interest,
such as the Angel Watch Center, the Child Exploitation Unit,
and human trafficking investigations. It has been clear through
report language and increased funding that these programs are a
Committee priority. The recommendation includes $12,000,000 to
sustain these programs at fiscal year 2017 levels. ICE is
directed to maintain the increased levels of effort for all
high-priority mission areas, including child exploitation and
human trafficking activities, when preparing its budget
submission for fiscal year 2019.
Within the amount provided, not less than $5,000,000 is to
enhance the Angel Watch Center and investigations into severe
forms of human trafficking, and to expand investigations
against suspected human traffickers. 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.
Not less than $305,000 is to promote public awareness of
the child pornography tip line and not less than $15,770,000 is
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.
Of the amount provided, not less than $5,000,000 is to
enhance child exploitation investigations. The Committee
strongly supports the Human Exploitation Rescue Operative
(HERO) Child-Rescue Corps, a partnership among HSI and the U.S.
Special Operations Command, and the National Association to
Protect Children. Under this program, wounded and injured
Special Operations Forces veterans are trained in high-tech
computer forensics and law enforcement to support
investigations into online child sexual exploitation. HERO
interns who graduate from the program are placed into full-time
positions with ICE, other federal, state, and local law
enforcement agencies, and other organizations that require
personnel with specialized computer forensic skills. The
Committee directs ICE to sustain prior year enhancements for
dedicated personnel and funding for the HERO program and
related Computer Forensic Analyst positions focused on child
exploitation investigations. In addition, ICE should continue
to train at least two classes of HEROs annually through the
program and employ HERO graduates at ICE or place them with
other agencies or organizations with related missions. The
Committee continues to support the concept of instituting a
paid apprenticeship in lieu of the current unpaid internship
for HERO participants, and directs ICE to brief the Committee
on options for establishing paid apprenticeships within 30 days
after the date of enactment of this Act.
The recommendation includes $15,000,000 for intellectual
property enforcement through HSI, including the National
Intellectual Property Rights Coordination Center (NIPRCC). The
Committee directs ICE to ensure that the NIPRCC is properly
staffed in order to facilitate continued enforcement actions
against theft of U.S. intellectual property, particularly
online.
Based on a new wave of digital copyright piracy involving
devices and software that connect consumers' televisions
directly to copyright-theft sites, the Committee also directs
ICE to increase investigation and enforcement to thwart illicit
streaming involving media boxes and televisions. In addition,
the next iteration of the annual report on federal intellectual
property enforcement activities required by the Prioritizing
Resources and Organization for Intellectual Property Act of
2008 (15 U.S.C 8114) should provide specific details regarding
online copyright piracy enforcement activities.
International Investigations. The Committee recommends
$158,873,000 for International Investigations, $18,000,000
above the request and $162,000 below the amount provided in
fiscal year 2017.
This funding enables HSI agents in 62 offices in 46
countries to conduct law enforcement activities and provide
investigative support to domestic offices in combating
transnational crime focusing on human smuggling and
trafficking; trafficking of narcotics, money, weapons, and
sensitive technologies; and sexual exploitation of children,
including child sex tourism. HSI partners with foreign and
domestic counterparts to conduct international law enforcement
operations and support removals from the United States.
Within the total for International Investigations, the
Committee recommends $32,128,000 for the Visa Security Program
(VSP), $18,000,000 above the request.
VSP currently screens visa applicants at 32 visa-issuing
posts in 28 countries to protect the U.S. against terrorists
and criminal organizations by preventing foreign nationals who
pose a threat to national security from entering or residing
within the United States. ICE agents collaborate with their
security and intelligence partners to enhance existing
information and identify previously unknown threats, instead of
solely denying travel to suspect travelers.
ICE is directed to continue to expand the VSP program where
operationally feasible at high threat posts abroad and to fully
program and budget for this sustained level of operations and
growth in its fiscal year 2019 budget request.

Enforcement and Removal Operations

The Committee recommends $4,413,244,000 for ERO,
$447,570,000 below the amount requested and $704,530,000 above
the amount provided in fiscal year 2017. The recommendation
enables ERO to successfully execute its mission of enforcing
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.
The Committee fully supports ICE's efforts to enhance
public safety in the interior of the United States through
enforcement of immigration laws and believes doing so
strengthens the security of the nation. 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 impacts these actions may have on communities.
Section 9 of Executive Order 13768, Enhancing Public Safety
in the Interior of the United States, authorizes the Secretary
to designate jurisdictions not in compliance with 8 U.S.C. 1373
as sanctuary jurisdictions. Under 8 U.S.C. 1373, state or local
government entities or officials are prohibited from
restricting any government entity or official from sending ICE
information regarding the citizenship or immigration status of
any individual in their custody. Jurisdictions that fail to
cooperate with federal immigration authorities, by practice,
policy, or local statute, threaten the nation's security by
releasing criminal aliens, some of whom may be violent or
otherwise dangerous, back into local communities. This practice
places ICE and other law enforcement officers in personal
jeopardy, requiring them to track down and apprehend dangerous
aliens in a non-secure environment. The Committee encourages
the Secretary to make public the criteria by which designations
under section 9 of Executive Order 13768 will be made,
including how compliance with 8 U.S.C. 1373 will be determined
and any additional criteria.
The Committee is aware that some jurisdictions are
concerned that providing information to ICE on individuals in
their custody or participating in certain custody transfers
might harm relationships with their communities, potentially
reducing the reporting of criminal acts by victims and
witnesses, and that some jurisdictions have questioned whether
they have the legal authority to continue holding individuals
on the basis of an ICE detainer. While working to expand the
number of jurisdictions that comply with ICE detainers, ICE
should also continue to work with law enforcement agencies
(LEA) that are willing to notify ICE prior to releasing
individuals who are enforcement priorities. To the extent that
notifications have not always provided ICE with enough advance
warning to take custody of criminal aliens, ICE should continue
working with such LEAs to ensure that notifications are made in
a more timely fashion.
Executive Order 13768 also eliminated the Priority
Enforcement Program (PEP) and reinstated the Secure Communities
program. The essential distinction between the two programs is
the manner in which ICE seeks the transfer of individuals into
its custody from local LEAs. Under Secure Communities, ICE
issues detainers to LEAs, requesting that they maintain custody
of individuals identified by ICE as enforcement priorities for
up to 48 hours beyond the time the individuals would otherwise
be released. Under PEP, ICE primarily issued requests that LEAs
notify ICE prior to the time when such individuals would
normally be released, although detainers were still issued
under some circumstances. Within 90 days after the date of
enactment of this Act, and monthly thereafter, the Director of
ICE shall submit to the Committee a Secure Communities report,
including the number of detainer requests issued, actual
custody transfers to ICE, and releases by state and local law
enforcement jurisdiction, criminal category, conviction status,
date of any conviction, immigration status, gender, country of
citizenship, and enforcement priority, and shall make this
information publicly available on its website.
In accordance with 8 U.S.C. 1232(c)(2)(B), ICE is required
to take custody of any unaccompanied alien child who reaches
the age of 18 while in the custody of the Office of Refugee
Resettlement (ORR) and place them in the least restrictive
setting available after taking into account the alien's danger
to self, danger to the community, risk of flight, and any
recommendations in ORR's post-18 plan for that individual. The
Committee directs ICE to provide semi-annual updates to the
Committee on the number of unaccompanied alien children who
turn 18 while in ORR custody and are subsequently transferred
to ICE. The first update, due within 60 days after the date of
enactment of this Act, shall include a description of the
Juvenile Coordinator's methodology for determining placement in
the least restrictive setting available and for considering an
alien's risk to self or the community, risk of flight, and
post-18 plan. Each update shall delineate transfers by ICE area
of responsibility and most recent category of ORR placement,
and shall detail ICE's placement decision (detention, ATD,
Order of Supervision, or own recognizance) for each alien.
ICE is currently evaluating the use of body-worn cameras
for potential use in its field enforcement activities, and
notes that such cameras can be important tools for both holding
law enforcement personnel accountable and for exonerating
officers accused of wrongdoing. As ICE continues this
assessment, the Committee notes that CBP has begun an
initiative to incorporate body-worn cameras into its
enforcement activities, and encourages ICE to consult with CBP
to identify lessons learned related to use protocols and data
access and retention.
Custody Operations. The Committee recommends $3,240,596,000
for Custody Operations, $360,876,000 below the request and
$535,184,000 above the amount provided in fiscal year 2017. As
noted above, the recommendation supports an average daily
detained population of 44,000 aliens.
Presently, 9.2 percent of the detained population is housed
in ICE-owned Service Processing Centers (SPC). The remaining
detention capacity is provided through contracts with private
sector detention facility companies or through Inter-
Governmental Service Agreements (IGSAs) with state and local
governments and law enforcement agencies. Due to the high up-
front costs associated with expanding SPCs, the Committee
understands that increases to detention capacity during fiscal
year 2018 will be achieved through an expansion of private
sector contracts and IGSAs.
ICE is directed to make public all final detention facility
inspection reports within 60 days of inspection; complete and
make public an initial report regarding any in-custody death
within 30 days of such death, with subsequent reporting to be
completed and released within 60 days of the initial report
unless additional time is required for redacting personally
identifiable information; make public a full list, updated
monthly, of all facilities in use for detention of adults and/
or children, including the average daily population, the type
of contract, the governing detention standards, and the
complement of on-board medical and mental health personnel;
ensure that non-governmental organizations are provided
independent and timely access to all facilities for the purpose
of providing representation, legal education, and programming,
and for purposes of monitoring and visitation; and update
detainee location information in the ICE Detainee Online
Locator system within 48 hours of detention and 24 hours of
completion of any transfer.
Of the 199 facilities used by ICE for detention operations,
150 are designated as over-72 hour facilities, including ICE-
owned SPCs, contract detention facilities (CDFs), and
facilities accessed through IGSAs with local jurisdictions. ICE
has IGSAs with another 49 local and county jails where
detention is limited to 72 or fewer hours. Currently, 57
percent of the detained population is held in over-72 hour
facilities that meet the 2011 Performance Based National
Detention Standards (PBNDS). ICE has indicated that its goal is
to bring the percentage of the detained population subject to
the 2011 PBNDS up to 80 percent over the next few years.
In fiscal year 2018, ICE is proposing to move to a
different detention facility framework, consisting of Under
Seven-Day (USD) facilities; Over Seven-Day (OSD) facilities;
and Dedicated Over Seven-Day (DOSD) facilities. USD facilities
would include those currently designated as under 72-hour
facilities, along with other local or county facilities--
primarily in rural areas where temporary housing is required to
facilitate an imminent removal or while ICE arranges placement
in a longer term facility. Non-dedicated OSD facilities would
also include local and county jails, while DOSDs would consist
of SPCs, CDFs, and other dedicated facilities accessed through
IGSAs. DOSDs would adhere to the 2011 PBNDS, while USD and non-
dedicated OSD facilities would be held to a subset of those
standards.
While the Committee understands that ICE's intention in
adopting this new framework is to increase its flexibility in
managing the detained population and ensure the availability of
detention capacity, it is concerned about the potential impact
on detention standards. If ICE proceeds in establishing this
new framework, it should adopt specific detention standards for
USD and OSD facilities that are developed through a transparent
process, such as the informal comment and roundtable process
the agency employed when developing the 2008 PBNDS.
Within 60 days after the date of enactment of this Act, ICE
shall brief the Committee on the status of its plan to move to
an alternative detention facility framework, including details
regarding its stakeholder outreach efforts as described above;
specifics on detention standards for new categories of
detention facilities; and how inspections for each category of
facility will be conducted, including any improvements to
current inspection processes.
Under departmental regulations to implement Prison Rape
Elimination Act (PREA) standards, all new, renewed, or
substantively modified detention facility contracts must
include a requirement that the facility adhere to such
standards. ICE has now incorporated those standards into
facility contracts representing 64 percent of its average daily
population in detention, and will continue to expand the
covered population as contracts are signed, renewed, or
modified. Within 60 days after the date of enactment of this
Act, ICE shall brief the Committee on its planned schedule for
achieving 100 percent compliance with PREA requirements, the
results of completed PREA audits, and an assessment of whether
the standards are effective in protecting sensitive
populations, such as transgender individuals and those with
disabilities. The Committee again encourages ICE to consider
collaborating with the National PREA Resource Center, which is
supported by the Department of Justice, to help facilitate PREA
compliance.
ICE is directed to provide a report not later than 90 days
after the date of enactment of this Act detailing the number
and type of detention contracts and IGSAs in effect and all
costs associated with them.
The Committee expects ICE to apply the terms of the Lyon v.
ICE, et al. Settlement Agreement regarding detainee telephone
access to all of its detention facilities to the greatest
extent possible, and directs ICE to brief the Committee on the
status of ensuring such access within 90 days after the date of
enactment of this Act.
ICE is expected to ensure that individuals being
transferred from CBP to ICE custody, in ICE custody, or under
ICE supervision have opportunities to report family separation
incidents and to verify the status, location, and disposition
of family members. ICE should also ensure that field officers
are appropriately trained on the requirements of ICE's Parental
Interest Directive and on mechanisms to reunite family units.
ICE shall not rescind or change the policies contained in this
directive.
ICE is directed to notify the Committee prior to releasing
any illegal immigrants in custody due to budgetary reasons,
including an explanation of how ICE assessed the potential risk
to the community and the risk of absconding associated with the
release.
Fugitive Operations. The Committee recommends $184,668,000
for Fugitive Operations, the same as the amount requested and
$32,873,000 above the amount provided in fiscal year 2017. The
recommendation fully supports the current operational level of
Fugitive Operations teams. The Committee expects Fugitive
Operations 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.
Criminal Alien Program. The Committee recommends
$412,080,000 for the Criminal Alien Program (CAP), the same as
the amount requested and $99,730,000 above the amount provided
in fiscal year 2017. The Committee expects CAP to continue to
prioritize the removal of criminal aliens and those individuals
who pose a risk to national security and public safety.
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 CAP by directly
supporting ICE's efforts to determine the immigration status of
individuals taken into custody by local law enforcement in the
course of their normal law enforcement duties. The Committee
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 $24,321,000 to support the program.
As ICE expands the number of jurisdictions participating in
the 287(g) program, it must maintain processes to monitor the
performance and oversight of 287(g)-designated officers, make
program transparency a high priority, and proactively address
stakeholder concerns. The Committee expects the Office of
State, Local, and Tribal Cooperation to continue outreach and
communications to public stakeholders, and directs ICE to
continue to require the establishment and regular use of
steering committees for each jurisdiction, including the
participation of external stakeholders. Steering committees are
focused on improving program oversight and direction;
identifying challenges and concerns; increasing transparency;
and providing stakeholders and community leaders opportunities
to communicate community-level perspectives.
The Committee also expects ICE, the Office of Inspector
General, 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.
ICE is directed to provide an annual report to the
Committee on the 287(g) program, due not later than 60 days
after the end of each fiscal year, including details on
steering committee membership and activities for participating
jurisdictions; performance data, including nationality, level
of criminality, and enforcement priority level of individuals
placed into removal proceedings by 287(g)-designated officers;
and any plans for future expansion of or changes to the
program.
Alternatives to Detention. The Committee recommends
$177,700,000 for Alternatives to Detention (ATD), the same as
the amount requested and $5,575,000 below the amount provided
for fiscal year 2017. The recommendation supports an average
daily population of 79,000 participants in the program, which
places low-risk aliens under various degrees of supervision or
electronic monitoring, in lieu of detention, to ensure their
appearance at immigration hearings and for removal.
The Committee supports the use of effective alternatives to
detention for appropriate detainee populations but remains
concerned with the lack of timely data on participant
compliance with release conditions. This lack of data denies
the Committee the ability to accurately assess the
effectiveness of the program when considering the
prioritization of limited resources. ICE is directed to
continue to provide performance reports to the Committee on the
ATD program, as described in House Report 114-668.
The Committee is aware that ICE recently discontinued its
family case management pilot (FCMP) within the ATD program.
According to ICE, while some aspects of the pilot showed
promise for increased compliance, it determined that the
initial performance data did not warrant continuing the pilot
given its higher cost compared to the standard intensive
supervision program.
To improve compliance rates under the standard ATD program,
ICE should consider incorporating some of the beneficial
elements of the FCMP, such as requiring a legal orientation
briefing for participants. Further, because personal
interactions with a case manager appear to improve compliance
rates, ICE should dedicate additional personnel to the ATD
technology-only program to increase the ratio of supervisory
officers to ATD participants. Finally, ICE should explore
opportunities to continue working 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.
Transportation and Removal Program. The Committee
recommends $398,200,000 for the Transportation and Removal
Program, $86,694,000 below the amount requested and $42,318,000
above the amount provided in fiscal year 2017. The
recommendation supports an ADP of 44,000.
The Committee expects DHS to continue to repatriate
removable individuals in a manner that ensures their safety,
including continued adherence to Local Repatriation
Arrangements with the Government of Mexico. Consistent with
prior years, ICE shall also continue submitting semi-annual
reports to the Committees on the removal of parents of U.S.
citizen minors.

Mission Support

The Committee recommends $350,391,000 for Mission Support,
the same as the amount requested and $14,142,000 below the
amount provided in fiscal year 2017. The Committee remains
troubled by ICE's approach to budgeting for service-wide costs
(SWC), such as rent, overtime, utilities, and security.
Although SWC are managed centrally by the Management and
Administration directorate, SWC are included in the budgets of
the programs and components. ICE then obligates funds for these
costs using post-enactment assessments against the
appropriations of agency components and programs. Burying SWC
in mission budgets makes oversight by ICE leadership and
Congress significantly more difficult, contributing to
unchecked cost growth. For the fiscal year 2019 budget, ICE is
directed to reflect SWC in appropriate Mission Support sub-PPAs
or through one or more new SWC PPAs within Mission Support, and
to provide separate budget estimates and detailed
justifications for all SWC.

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2017....................... $29,800,000
Budget request, fiscal year 2018...................... 52,899,000
Recommended in the bill............................... 52,899,000
Bill compared with:
Appropriation, fiscal year 2017................... +23,099,000
Budget request, fiscal year 2018.................. - - -

ICE's Procurement, Construction, and Improvements (PC&I)
appropriation provides funds necessary for the planning,
operational development, engineering, and purchase of
headquarters and operational assets prior to the sustainment
phase. ICE programs funded through PC&I support the
improvement, deployment, and modernization of facilities and
information technology applications, systems, and
infrastructure, which enable ICE to administer and enforce
customs and immigration laws.

Recommendation

The Committee recommends $52,899,000 for PC&I, the same as
the amount requested and $23,099,000 above the amount provided
in fiscal year 2017.
The Committee directs CBP and ICE to continue semi-annual
briefings on efforts to modernize the TECS system, which is
used for immigration enforcement case management and for
screening and determinations related to admissibility to the
United States.

Transportation Security Administration

Appropriation, fiscal year 2017....................... $7,316,140,000
Budget request, fiscal year 2018...................... 7,091,669,000
Recommended in the bill............................... 7,156,378,000
Bill compared with:
Appropriation, fiscal year 2017................... -159,762,000
Budget request, fiscal year 2018.................. +64,709,000

Mission

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

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2017....................... $7,105,047,000
Budget request, fiscal year 2018...................... 7,018,165,000
Recommended in the bill............................... 7,082,874,000
Bill compared with:
Appropriation, fiscal year 2017................... -22,173,000
Budget request, fiscal year 2018.................. +64,709,000

The Operations and Support (O&S) appropriation funds TSA's
operating salaries and expenses. This appropriation provides
funding for TSA screening operations, including in-flight
security, a strong security regulation and enforcement presence
on-site at the nation's commercial airports, multi-modal
regulation compliance inspections and deterrence programs, and
support for operational and headquarters personnel, systems,
and infrastructure.

Recommendation

The Committee recommends $7,082,874,000 for O&S,
$64,709,000 above the amount requested and $22,173,000 below
the amount provided in fiscal year 2017. Funds within this
account are partially offset through the collection of aviation
security fees. Of the total, the bill recommends two years of
funding availability for $1,770,719,000, to provide flexibility
for TSA in managing its screening workforce.
The fiscal year 2018 President's budget request assumes
$500,000,000 in new revenue collections generated by an
increase in aviation passenger security fees as a further
offset to TSA's discretionary appropriations. The
recommendation does not reflect the implementation of the
Administration's proposal, as it requires new authorization
legislation that has not been enacted and is not under the
jurisdiction of the Committee.
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 $175,580,000 $175,580,000
Program..............
Screener Personnel, 3,128,064,000 3,205,064,000
Compensation, and
Benefits.............
Screener Training and 233,061,000 233,061,000
Other................
Airport Management........ 643,797,000 643,797,000
Canines................... 151,764,000 151,764,000
Screening Technology 387,882,000 387,882,000
Maintenance..............
Secure Flight............. 102,763,000 102,763,000
-------------------------------------
Subtotal, Aviation 4,822,911,000 4,899,911,000
Screening
Operations.......
Other Operations and
Enforcement
Inflight Security
Federal Air Marshals.. 803,905,000 788,855,000
Federal Flight Deck 19,514,000 22,273,000
Officer and Crew
Training.............
Aviation Regulation....... 173,535,000 173,535,000
Air Cargo................. 102,721,000 102,721,000
Intelligence and TSOC..... 79,790,000 79,790,000
Surface Programs.......... 86,316,000 86,316,000
Vetting Programs.......... 60,215,000 60,215,000
-------------------------------------
Subtotal, Other 1,325,996,000 1,313,705,000
Operations and
Support..........
Mission Support............... 869,258,000 869,258,000
-------------------------------------
Total, Operations 7,018,165,000 7,082,874,000
and Support
(gross)..........
Aviation Passenger Security -2,470,000,000 -2,470,000,000
Fees (offsetting collections)
Passenger Security Fee -500,000,000 - - -
Increase (offsetting
collections) (legislative
proposal)....................
-------------------------------------
Total, Operations and Support $4,048,165,000 $4,612,874,000
(net)........................
------------------------------------------------------------------------

Aviation Screening Operations

The Committee recommends $4,899,911,000 for Aviation
Screening Operations, $77,000,000 above the amount requested
and $148,195,000 above the amount provided in fiscal year 2017.
The increase above the request is to maintain existing TSA
staffing at airport exit lanes, as required by law.
The Committee is concerned that, despite the continued
upward trend in air travel, TSA continues to use artificially
low estimates for anticipated growth in passenger volume when
developing its Transportation Security Officer staffing
requirements, resulting in multiple reprogramming actions in
the year of execution to address rising wait times, or Congress
appropriating additional funds above the budget request to
address these unrealistic assumptions. The Committee supports
TSA's efforts to seek innovative improvements in efficiency and
security, and not solely relying on increases in staffing and
overtime to address growth in air travel. Unless the agency
uses realistic projections when developing its budget request,
however, it will simply continue to set itself up for failure.
TSA shall ensure that its aviation screening processes take
into consideration the privacy and civil liberties interests of
passengers and crews, consistent with applicable laws,
regulations, and guidance. House Report 114-668 directed TSA to
explore methods of data collection and analysis related to the
referral of individuals for secondary screenings as a way to
ensure its screening practices guard against profiling based on
race, national origin, or religion. The Committee directs TSA
to provide a briefing, not later than 90 days after the date of
enactment of this Act, on its analysis of data collection
methods and the feasibility of releasing such data to the
public at the end of each fiscal year.
The Committee is concerned by multiple reports of airport
employees with access to secure areas who have used their
positions to commit criminal acts or become associated with
terrorist organizations. The Committee encourages TSA to review
its existing employee credentialing processes and airport
access control protocols to reduce this vulnerability,
including the costs, benefits, and feasibility of deploying
additional physical infrastructure, technology, security
staffing, and/or screening of personnel prior to accessing
sterile areas.
The Committee has long supported the use of explosives
detection canine teams and has consistently added funding to
expand TSA's deployment of these effective assets. The
recommendation supports a total of 1,047 canine teams,
including the 50 teams added in fiscal year 2017. TSA shall
brief the Committees not later than 90 days after the date of
enactment of this Act on its canine requirements and plans for
expanding the program, including efforts to further increase
training capacity at the Canine Training Center at Joint Base
San Antonio-Lackland.
In accordance with the direction and funding in Public Law
115-31, TSA is in the process of establishing a third party
canine certification program for air cargo that will begin
operating in fiscal year 2018. Although TSA requested no
resources in the fiscal year 2018 budget for this new program,
the Committee understands the funds provided in fiscal year
2017 for this purpose will adequately support TSA's first-year
implementation costs. The Committee expects to see funding for
the third party canine program included in the fiscal year 2019
budget request.
TSA should review its methodology for the deployment of
stand-alone explosives detection systems to determine whether
to consider additional factors that may contribute to an
airport's requirement for these systems, such as customer
service, airline logistics, existing belt system design,
exclusive airline use areas, and recent infrastructure
investment.
The Committee commends TSA on the success of its Public
Area Security Summits, which bring together issue-area experts,
industry professionals, and government officials to share best
practices and craft innovative solutions for protecting the
public areas of airports. The Committee encourages the group to
continue to work toward integrating plans for communications
and operations centers through its Public Area Security
National Framework, which is a critical tool for helping
airports enhance their threat prevention systems.

Other Operations and Enforcement

The Committee recommends $1,313,705,000 for Other
Operations and Enforcement, $12,291,000 below the amount
requested and $93,786,000 below the amount provided in fiscal
year 2017.
Within the recommendation is $788,855,000 for the Federal
Air Marshal Service (FAMS), $15,050,000 below the request and
$14,098,000 below the amount provided in fiscal year 2017 due
to projected underexecution of personnel funds.
The recommendation also includes $22,273,000 for the
Federal Flight Deck Officer and Flight Crew Training (FFDO)
program, an increase of $2,759,000 above the request and the
same as the amount provided in fiscal year 2017, to maximize
FLETC training capacity for FFDO pilots and to procure
additional equipment to support increased participation in the
program. The Committee directs TSA to provide a briefing not
later than 60 days after the date of enactment of this Act on
FFDO enrollment, training, and recertification.
The Committee encourages TSA to continue to work with its
government and industry partners to educate stakeholders and
advance the deployment of an emergency-ready tracking system
for highway security-sensitive materials.

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2017....................... $206,093,000
Budget request, fiscal year 2018...................... 53,314,000
Recommended in the bill............................... 53,314,000
Bill compared with:
Appropriation, fiscal year 2017................... -152,779,000
Budget request, fiscal year 2018.................. - - -

The Procurement, Construction, and Improvements (PC&I)
appropriation provides funds, above certain threshold amounts,
necessary for the manufacture, purchase, or enhancement of one
or more assets prior to sustainment.

Recommendation

The Committee recommends $53,314,000 for PC&I, the same as
the amount requested and $152,779,000 below the amount provided
in fiscal year 2017. The reduction below fiscal year 2017 is
due to the transfer of funding requested for personnel and
operations and sustainment activities from the PC&I
appropriation to the O&S appropriation, consistent with the
guidance in the DHS Financial Policy Manual and the direction
in the explanatory statement accompanying Public Law 115-31.
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........ $4,019,000 $4,019,000
Checked Baggage........... 33,004,000 33,004,000
Infrastructure for Other
Operations
Vetting Programs.......... 16,291,000 16,291,000
-------------------------------------
Total, Procurement, $53,314,000 $53,314,000
Construction, and
Improvements.........
------------------------------------------------------------------------

Aviation Screening Infrastructure

As requested, the Committee recommends $37,023,000 for
Aviation Screening Infrastructure, $133,387,000 below the
amount provided in fiscal year 2017.
The Committee supports TSA's efforts to deploy next
generation capabilities, such as computed tomography systems,
to checkpoints. However, as existing technology in the field
begins to reach the end of its useful life, TSA must ensure
detection capabilities are maintained until these next
generation systems are ready to be deployed. Further, any
acquisition of new systems must appropriately adhere to the
Federal Acquisition Regulation guidance regarding the use of
competitive procedures.
Any award by TSA to deploy explosives detection systems
shall be based on risk, the airport's current reliance on other
screening solutions, lobby congestion resulting in increased
security concerns, high injury rates, airport readiness, and
increased cost effectiveness.
As directed in the explanatory statement accompanying
Public Law 114-113, TSA has established a seven-step plan to
solicit, review, and validate airport requests for
reimbursement for the cost of in-line baggage screening systems
installed prior to 2008. TSA is currently in the process of
validating project cost information submitted by airports to
determine allowable and allocable expenses, and anticipates
having a finalized airport reimbursement list by November 2017.
Upon finalization, TSA shall brief the Committee on next steps,
including an anticipated date by which TSA expects to begin
reimbursement of validated claims.

Infrastructure for Other Operations

As requested, the Committee recommends $16,291,000 for
Infrastructure for Other Operations, $9,991,000 above the
amount provided in fiscal year 2017.
TSA is directed to provide an update on the Technology
Infrastructure Modernization program not later than 60 days
after the date of enactment of this Act.

RESEARCH AND DEVELOPMENT

Appropriation, fiscal year 2017....................... $5,000,000
Budget request, fiscal year 2018...................... 20,190,000
Recommended in the bill............................... 20,190,000
Bill compared with:
Appropriation, fiscal year 2017................... +15,190,000
Budget request, fiscal year 2018.................. - - -

Research and Development (R&D) funds necessary technology
demonstration, prototype testing, and system development in
support of TSA's passenger, baggage, and intermodal screening
functions.

Recommendation

As requested, the Committee recommends $20,190,000 for R&D,
$15,190,000 above the amount provided in fiscal year 2017.
The Committee supports TSA's work with the Innovation Task
Force to facilitate collaboration among TSA, industry
stakeholders, and airports to develop, test, and deploy new
screening technologies and other innovative airport security
solutions. TSA is directed to brief the Committee on the status
of these efforts within 90 days after the date of enactment of
this Act.

Coast Guard

Appropriation, fiscal year 2017....................... $10,454,511,000
Budget request, fiscal year 2018...................... 10,441,258,000
Recommended in the bill............................... 10,486,258,000
Bill compared with:
Appropriation, fiscal year 2017................... +31,747,000
Budget request, fiscal year 2018.................. +45,000,000

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 the
Department of Homeland Security 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.

OPERATING EXPENSES

Appropriation, fiscal year 2017\1\.................... $7,079,628,000
Budget request, fiscal year 2018\2\................... 7,213,464,000
Recommended in the bill\3\............................ 7,163,464,000
Bill compared with:
Appropriation, fiscal year 2017................... +83,836,000
Budget request, fiscal year 2018.................. -50,000,000

\1\Includes funding for the Global War on Terrorism (GWOT)/Overseas
Contingency Operations (OCO).
\2\Funding for the Coast Guard related to GWOT/OCO is requested under
Navy, Operations and Maintenance.
\3\Does not include funding for GWOT/OCO.

The Operating Expenses (OE) appropriation funds the Coast
Guard's 11 statutory missions and other activities in support
of DHS and national priorities. The OE 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.

Recommendation

The Committee recommends $7,163,464,000 for OE, $50,000,000
below the amount requested and $83,836,000 above the amount
provided in fiscal year 2017.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:

------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Operating Expenses
Military Pay and Allowances... $3,711,095,000 $3,711,095,000
Civilian Pay and Benefits..... 851,178,000 851,178,000
Training and Recruiting....... 190,668,000 190,668,000
Operating Funds and Unit Level 895,518,000 875,518,000
Maintenance..................
Centrally Managed Accounts.... 142,788,000 142,788,000
Intermediate and Depot Level 1,422,217,000 1,392,217,000
Maintenance..................
-------------------------------------
Total, Operating Expenses. $7,213,464,000 $7,163,464,000
------------------------------------------------------------------------

The Committee notes that, unlike previous budget
submissions, the Coast Guard's request for Military and
Civilian Personnel reflects realistic FTE projections and cost
assumptions. Nevertheless, the Committee is concerned that the
Coast Guard has yet to complete a Manpower Requirements
Analysis (MRA), as directed by the Coast Guard Authorization
Act of 2015, to determine the size of the force needed. The
Coast Guard is directed to complete the MRA before it submits
the fiscal year 2019 request.
Currently, the Coast Guard is the only branch of the Armed
Services for which personnel health information does not reside
in the Department of Defense (DoD) health system. The Committee
is very concerned that the Coast Guard has been without an
electronic health record (EHR) since 2015 and understands the
Coast Guard is currently conducting market research for the
acquisition of a new system that will likely not be operational
until 2019 at the earliest. In the meantime, Coast Guard
medical records are maintained the old fashioned way--on paper.
It appears the Coast Guard is simply kicking this can down the
road, potentially at the expense of reducing the quality of
healthcare for its service members.
The Department of Veterans Affairs' recent decision to
adopt the DoD EHR was a recognition of the urgent and essential
requirement to adopt a system that allows for seamless
interoperability and integrated health information between
these two Departments and improves health care delivery for
service members and veterans. In light of this decision, the
Committee directs the Coast Guard to provide, within 60 days
after the date of enactment of this Act, a business case
analysis for adopting the same approach employed by the
Department of Veterans Affairs to acquire the next-generation
EHR system.
The Committee directs the Coast Guard to continue to
provide an annual report, due within 90 days after the date of
enactment of this Act, on the number of expedited requests for
transfer made by victims of sexual assault during the prior
fiscal year, including the number of applications denied and a
description of the rationale for each denied request. The
report shall also include the number of service members served
by the Special Victim Counsel program during the same period.
The 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.
Of the amount recommended for Operating Expenses, $1,000,000 is
to increase the child care subsidy for Coast Guard families
residing in high cost-of-living areas. Within 90 days after the
date of enactment of this Act, the Coast Guard shall brief the
Committee on its plan to implement the increased subsidy. In
addition, the Committee directs the Coast Guard to conduct and
report to the Committee the results of a survey of its
personnel regarding the cost and availability of child care as
well as the effect of access to child care on retention.
Within 180 days after the date of enactment of this Act,
the Coast Guard shall brief the Committee on its progress,
working with the Department of Commerce, in implementing the
Illegal, Unreported, and Unregulated Fishing Enforcement Act of
2015 (Public Law 114-81). The Coast Guard should address its
current capability to limit access to U.S. ports by vessels
found to be in violation of fishing laws, including any related
technological or resource limitations it faces.
The Committee is aware that the U.S. Navy has 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 Committee is concerned with increasing number of hoax
distress calls the Coast Guard receives. These calls are not
only resource intensive, but they also place Coast Guard
service members at risk needlessly, and have the potential to
divert search and rescue assets away from a real emergency. The
Coast Guard is directed to brief the Committee on steps to
reduce the number of false distress calls and what steps can be
taken to investigate and prosecute the perpetrators.
The fiscal year 2017 bill included $6,000,000 to carry out
a pilot fishing safety training and research program, as
authorized by section 309 of the Coast Guard Reauthorization
Act of 2014 (Public Law 113-281). The Coast Guard is directed
to brief the Committee on the results of this pilot not later
than 60 days after the date of enactment of this Act.
The Committee recognizes the Coast Guard's current efforts
to partner with communities to promote Science, Technology,
Engineering, and Mathematics education standards in
nontraditional classroom settings, and encourages further
expansion of the Partnership in Education Program, particularly
through the increased participation of Coast Guard Academy
cadets.

ENVIRONMENTAL COMPLIANCE AND RESTORATION

Appropriation, fiscal year 2017....................... $13,315,000
Budget request, fiscal year 2018...................... 13,397,000
Recommended in the bill............................... 13,397,000
Bill compared with:
Appropriation, fiscal year 2017................... +82,000
Budget request, fiscal year 2018.................. - - -

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.

Recommendation

The Committee recommends $13,397,000 for Environmental
Compliance and Restoration, the same as the amount requested
and $82,000 above the amount provided in fiscal year 2017.

RESERVE TRAINING

Appropriation, fiscal year 2017....................... $112,302,000
Budget request, fiscal year 2018...................... 114,875,000
Recommended in the bill............................... 114,875,000
Bill compared with:
Appropriation, fiscal year 2017................... +2,573,000
Budget request, fiscal year 2018.................. - - -

The Reserve Training appropriation facilitates training,
operation, and administration of the Coast Guard Reserve
Program.

Recommendation

The Committee recommends $114,875,000 for Reserve Training,
the same as the amount requested and $2,573,000 above the
amount provided in fiscal year 2017.

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2017....................... $1,370,007,000
Budget request, fiscal year 2018...................... 1,203,745,000
Recommended in the bill............................... 1,298,745,000
Bill compared with:
Appropriation, fiscal year 2017................... -71,262,000
Budget request, fiscal year 2018.................. +95,000,000

Acquisition, Construction, and Improvements (AC&I) provides
for the acquisition, procurement, construction, rehabilitation,
and improvement of vessels, aircraft, shore facilities and
military housing, aids to navigation (ATON) systems and
facilities, and command, control, communications, and computer
systems and related equipment.

Recommendation

The Committee recommends $1,298,745,000 for AC&I,
$95,000,000 above the amount requested and $71,262,000 below
the amount provided in fiscal year 2017.
The Committee recommends a rescission of $95,000,000 in
title V of this bill from funds provided in fiscal year 2017
for long lead time material for a tenth National Security
Cutter that was neither requested by the Coast Guard nor is a
requirement.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:

------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Acquisition, Construction, and
Improvements
Vessels
Survey and Design--Vessels $1,500,000 $1,500,000
and Boats................
In-Service Vessel 60,500,000 60,500,000
Sustainment..............
National Security Cutter.. 54,000,000 54,000,000
Offshore Patrol Cutter.... 500,000,000 500,000,000
Fast Response Cutter...... 240,000,000 240,000,000
Cutter Boats.............. 1,000,000 1,000,000
Polar Ice Breaking Vessel. 19,000,000 19,000,000
Inland Waterways and 1,100,000 1,100,000
Western Rivers Cutter....
-------------------------------------
Subtotal, Vessels..... 877,100,000 877,100,000
Aircraft
HC-27J Conversion/ 52,000,000 52,000,000
Sustainment..............
HC-130J Acquisition/ 5,600,000 100,600,000
Conversion/Sustainment...
HH-65 Conversion/ 22,000,000 22,000,000
Sustainment..............
MH-60T Sustainment........ 2,500,000 2,500,000
Small Unmanned Aircraft 500,000 500,000
Systems..................
-------------------------------------
Subtotal, Aircraft.... 82,600,000 177,600,000
Other Acquisition Programs
Other Equipment and 4,000,000 4,000,000
Systems..................
Program Oversight and 15,000,000 15,000,000
Management...............
C4ISR..................... 22,000,000 22,000,000
CG Logistics Information 9,800,000 9,800,000
Management System (CG-
LIMS)....................
-------------------------------------
Subtotal, Other 50,800,000 50,800,000
Acquisition Programs.
Shore Facilities and Aids to
Navigation
Major Construction; 10,000,000 10,000,000
Housing; ATON; and Survey
and Design...............
Major Acquisition Systems 60,000,000 60,000,000
Infrastructure...........
Minor Shore............... 5,000,000 5,000,000
-------------------------------------
Subtotal, Shore 75,000,000 75,000,000
Facilities and Aids
to Navigation........
Personnel and Related Support 118,245,000 118,245,000
Costs
-------------------------------------
Subtotal, Acquisition, $1,203,745,000 $1,298,745,000
Construction, and
Improvements.........
------------------------------------------------------------------------

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

Vessels

Polar Ice Breaking Vessel. The Committee is concerned with
the increasing Russian military presence in the Arctic region.
As Russia continues to reopen Cold War era bases and conduct
military exercises in the region, it is essential that the
United States maintain a robust capability to operate in the
region to ensure its national security and economic interests
are protected, and to counter Russian aggression. The Committee
acknowledges the Coast Guard's long-term requirements for
additional heavy and medium icebreakers as its current
inventory reaches the end of service life. A potential
capability gap may require the Coast Guard to consider unique,
short-term procurement strategies. The Committee directs the
Coast Guard to examine capabilities of existing vessels to
operate in the Arctic as evidenced by industry-conducted ice
trials to determine what Coast Guard statutory requirements
could be met by such vessels. Further, the Committee encourages
the Secretary of Homeland Security to work with the Secretary
of Defense on a strategy for the future procurement of
additional heavy icebreakers, which are essential to the
maritime security interests of the United States and allies in
the region.

Aircraft

HC-130J Acquisition/Conversion/Sustainment. The Committee
recommends $100,600,000 for the HC-130J aircraft program,
$95,000,000 above the request and $11,200,000 below the amount
provided in fiscal year 2017. The recommendation includes
funding to procure one HC-130J aircraft. The Secretary is
expected to include adequate funding in the fiscal year 2019
budget request to normalize the recapitalization of the HC-130
fleet in order to improve mission capability and avoid
unnecessary and expensive service life extension upgrades for
the HC-130H.

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Appropriation, fiscal year 2017....................... $36,319,000
Budget request, fiscal year 2018...................... 18,641,000
Recommended in the bill............................... 18,641,000
Bill compared with:
Appropriation, fiscal year 2017................... -17,678,000
Budget request, fiscal year 2018.................. - - -

Research, Development, Test, and Evaluation (RDT&E) funding
sustains critical Coast Guard mission capabilities through
applied research, testing, development, and evaluation
programs. Several RDT&E programs include partnerships with
other DHS components, DoD, and other federal and private
research organizations.

Recommendation

The Committee recommends $18,641,000 for RDT&E, the same as
the amount requested and $17,678,000 below the amount provided
in fiscal year 2017.

HEALTH CARE FUND CONTRIBUTION\1\

Appropriation, fiscal year 2017....................... $176,000,000
Budget request, fiscal year 2018...................... 204,136,000
Recommended in the bill............................... 204,136,000
Bill compared with:
Appropriation, fiscal year 2017................... +28,136,000
Budget request, fiscal year 2018.................. - - -

\1\This is a permanent indefinite discretionary appropriation.

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

Recommendation

While this account requires no annual action by Congress,
the Committee affirms the expenditure of $204,136,000 for the
Medicare-eligible retiree health care fund contribution,
$28,136,000 above the amount provided in fiscal year 2017 and
consistent with the CBO-estimated requirement for fiscal year
2018.

RETIRED PAY

Appropriation, fiscal year 2017....................... $1,666,940,000
Budget request, fiscal year 2018...................... 1,673,000,000
Recommended in the bill............................... 1,673,000,000
Bill compared with:
Appropriation, fiscal year 2017................... +6,060,000
Budget request, fiscal year 2018.................. - - -

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.

Recommendation

The Committee recommends $1,673,000,000 for Retired Pay,
the same as the amount requested and $6,060,000 above the
amount provided in fiscal year 2017. A provision in the bill
allows funds to remain available until expended. The Coast
Guard's Retired Pay appropriation is a mandatory budgetary
activity.

United States Secret Service

Appropriation, fiscal year 2017....................... $2,045,578,000
Budget request, fiscal year 2018...................... 1,943,626,000
Recommended in the bill............................... 1,957,495,000
Bill compared with:
Appropriation, fiscal year 2017................... -88,083,000
Budget request, fiscal year 2018.................. +13,869,000

Mission

The United States Secret Service (USSS) has statutory
authority to carry out two primary missions: protecting the
nation's leaders and investigating financial and electronic
crimes. The Secret Service protects and investigates threats
against the President and Vice President, their families,
visiting heads of state, and other designated individuals;
protects the White House, Vice President's Residence, foreign
missions, and 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 include, but
are not limited to, access device fraud, financial institution
fraud, identity theft, and computer fraud; and computer-based
attacks on financial, banking, and telecommunications
infrastructure. In addition, the agency provides support for
investigations related to missing and exploited children.

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2017....................... $1,879,463,000
Budget request, fiscal year 2018...................... 1,879,346,000
Recommended in the bill............................... 1,893,215,000
Bill compared with:
Appropriation, fiscal year 2017................... +13,752,000
Budget request, fiscal year 2018.................. +13,869,000

The USSS Operations and Support (O&S) appropriation funds
necessary operations, mission support, and associated
management and administration costs, to include salaries in
support of the following mission-based PPAs: Mission Support,
Protective Operations, Field Operations, and Basic and In-
Service Training and Professional Development.

Recommendation

The Committee recommends $1,893,215,000 for O&S,
$13,869,000 above the amount requested and $13,752,000 above
the amount provided in fiscal year 2017.
The Committee recommends that $33,692,000 remain available
until September 30, 2019, of which $5,482,000 is for the James
J. Rowley Training Center; $4,710,000 is for Operational
Mission Support; $18,000,000 is for protective travel; and
$4,500,000 is for NSSEs. In the future, however, the Committee
will continue to transition all O&S appropriations across the
Department to a single year of availability, with very limited
exceptions for sub-appropriation amounts when additional
flexibility is fully justified. USSS should attempt to obligate
all of its O&S funding during fiscal year 2018, and should
budget for fiscal year 2019 under an assumption of a single
year of funding availability.
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 $705,566,000 $705,566,000
Facilities...............
Protective Countermeasures 46,862,000 46,862,000
Protective Intelligence... 47,547,000 47,547,000
Presidential Campaigns and 4,500,000 4,500,000
National Special Security
Events...................
-------------------------------------
Subtotal, Protective 804,475,000 804,475,000
Operations...........
Field Operations
Domestic and International 588,653,000 588,653,000
Field Operations.........
Support for Missing and 7,582,000 7,582,000
Exploited Children
Investigations...........
Support for Computer - - - 13,869,000
Forensics Training.......
-------------------------------------
Subtotal, Field 596,235,000 610,104,000
Operations...........
Basic and In-Service Training 64,078,000 64,078,000
and Professional Development.
Mission Support............... 414,558,000 414,558,000
-------------------------------------
Total, Operations and $1,879,346,000 $1,893,215,000
Support..................
------------------------------------------------------------------------

Protective Operations

The Committee recommends $804,475,000 for Protective
Operations, the same as the amount requested and $22,071,000
above the amount provided in fiscal year 2017. Within 90 days
after the date of enactment of this Act, the Secret Service
shall brief the Committee on its protection operations,
including details on protection costs for each of the mission
categories; an updated assessment of whether the fiscal year
2018 funding level is sufficient to address these protection
requirements; and a description of the methodology used to
estimate funding levels needed for protection operations.

Field Operations

The Committee recommends $610,104,000 for Field Operations,
$13,869,000 above the request and $177,911,000 below the amount
provided in fiscal year 2017. The amount includes $13,869,000
for continued support of electronic crimes investigations and
training through the Electronic Crimes Special Agent Program,
its network of Electronic Crimes Task Forces, and the National
Computer Forensics Institute.
Additionally, the recommendation includes $7,582,000 for
support of missing and exploited children investigations,
including $1,312,000 for personnel costs, $6,000,000 for grant
assistance, and $266,000 for equipment and other related costs.
The total is equal to the fiscal year 2017 level and the amount
requested.
The Secret Service continues to show significant results
from its efforts to stop the counterfeiting of U.S. currency in
concert with its law enforcement counterparts in Colombia and
Peru, and is building on this effort in its other international
field offices. The Committee expects the Secret Service, in
conjunction with the DHS Office of Policy, to keep it informed
of developments related to counterfeiting and other
international investigative mission areas.
The USSS may not obligate any funding for the purpose of
opening a new permanent domestic or overseas office or location
unless the Committees have been notified 15 days in advance of
such obligation.

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2017....................... $163,615,000
Budget request, fiscal year 2018...................... 64,030,000
Recommended in the bill............................... 64,030,000
Bill compared with:
Appropriation, fiscal year 2017................... -99,585,000
Budget request, fiscal year 2018.................. - - -

The Procurement, Construction, and Improvements (PC&I)
appropriation provides the funds--above certain threshold
amounts--necessary for the manufacture, purchase, or
enhancement of one or more assets prior to sustainment.

Recommendation

The Committee recommends $64,030,000 for PC&I, the same as
the request and $99,585,000 below the amount provided in fiscal
year 2017.
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 $39,012,000 $39,012,000
Infrastructure...............
Operational Communications/ 25,018,000 25,018,000
Information Technology.......
-------------------------------------
Total, Procurement, $64,030,000 $64,030,000
Construction, and
Improvements.............
------------------------------------------------------------------------

RESEARCH AND DEVELOPMENT

Appropriation, fiscal year 2017....................... $2,500,000
Budget request, fiscal year 2018...................... 250,000
Recommended in the bill............................... 250,000
Bill compared with:
Appropriation, fiscal year 2017................... -2,250,000
Budget request, fiscal year 2018.................. - - -

Research and Development (R&D) funds are used to develop
new technologies and products, which maintain or increase
capability or capacity. The R&D appropriation funds projects
through Technology Readiness Level 6 in the pursuit of enhanced
technologies and products for front-line use.

Recommendation

The Committee recommends $250,000 for R&D, the same as the
request and $2,250,000 below the amount provided in fiscal year
2017.

TITLE II--ADMINISTRATIVE PROVISIONS--THIS ACT

Section 201. The Committee continues a provision by
reference 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 and modifies a
provision prohibiting the transfer of aircraft and related
equipment out of CBP unless certain conditions are met.
Section 204. The Committee continues a provision regarding
the availability of COBRA fee revenue.
Section 205. The Committee continues a provision allowing
CBP access to certain reimbursements for preclearance
activities.
Section 206. The Committee continues a provision regarding
the importation of prescription drugs by an individual for
personal use.
Section 207. The Committee continues a provision regarding
waivers of the Jones Act.
Section 208. 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 209. 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 210. 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 211. 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 212. The Committee continues and modifies a
provision clarifying that certain elected and appointed
officials are not exempt from federal passenger and baggage
screening.
Section 213. The Committee continues a provision
authorizing TSA to use funds from the Aviation Security Capital
Fund for the procurement and installation of explosives
detection systems or for other purposes authorized by law.
Section 214. The Committee continues a provision
prohibiting funds made available by this Act under the heading
``Coast Guard--Operating Expenses'' 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--Operating Expenses''.
Section 216. The Committee continues a provision allowing
the Secret Service to obligate funds in anticipation of
reimbursement for personnel receiving training.
Section 217. 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 218. The Committee continues a provision allowing
the reprogramming of funds within ``United States Secret
Service--Operations and Support''.
Section 219. 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.

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

National Protection and Programs Directorate

Appropriation, fiscal year 2017....................... $1,818,772,000
Budget request, fiscal year 2018...................... 1,801,434,000
Recommended in the bill............................... 1,773,221,000
Bill compared with:
Appropriation, fiscal year 2017................... -45,551,000
Budget request, fiscal year 2018.................. -28,213,000

Mission

The National Protection and Programs Directorate (NPPD) is
focused on 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.

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2017....................... $1,372,268,000
Budget request, fiscal year 2018...................... 1,455,275,000
Recommended in the bill............................... 1,427,062,000
Bill compared with:
Appropriation, fiscal year 2017................... +54,794,000
Budget request, fiscal year 2018.................. -28,213,000

The Operations and Support (O&S) appropriation supports
NPPD core operations to enhance the security and resilience of
infrastructure against terrorist attacks, cyber events, natural
disasters, and other large-scale incidents. The O&S
appropriation funds the costs of necessary operations, mission
support, and associated management and administration to
execute these programs.

Recommendation

The Committee recommends $1,427,062,000 for O&S,
$28,213,000 below the amount requested and $54,794,000 above
the amount provided in fiscal year 2017. The reduction to the
request is due to budget constraints on funding for Defense
functions.
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
NCCIC Operations...... 116,471,000 112,977,000
(CERT)............ (93,921,000) (93,921,000)
NCCIC Planning and 84,494,000 81,959,000
Exercises............
(CERT)............ (63,775,000) (63,775,000)
-------------------------------------
Subtotal, Cyber $200,965,000 $194,936,000
Readiness and
Response.........
Cyber Infrastructure
Resilience
Cybersecurity Advisors 14,693,000 14,252,000
Enhanced Cybersecurity 17,157,000 16,642,000
Services.............
Cybersecurity 10,093,000 9,790,000
Education and
Awareness............
-------------------------------------
Subtotal, Cyber 41,943,000 40,684,000
Infrastructure
Resilience.......
Federal Cybersecurity
Federal Network 42,766,000 41,483,000
Resilience...........
Continuous Diagnostics 93,780,000 91,967,000
and Mitigation.......
National 341,103,000 333,629,000
Cybersecurity
Protection System....
-------------------------------------
Subtotal, Federal 477,649,000 467,079,000
Cybersecurity....
-------------------------------------
Subtotal, Cybersecurity... 720,557,000 702,699,000
Infrastructure Protection
Infrastructure Capacity
Building
Sector Risk 44,491,000 43,156,000
Management...........
Protective Security 35,677,000 34,607,000
Advisors.............
Bombing Prevention.... 14,739,000 14,297,000
Infrastructure 20,608,000 19,990,000
Information and
Sensitive Data
Protection...........
-------------------------------------
Subtotal, 115,515,000 112,050,000
Infrastructure
Capacity Building
Infrastructure Security 72,440,000 70,267,000
Compliance...............
-------------------------------------
Subtotal, Infrastructure 187,955,000 182,317,000
Protection...............
Emergency Communications
Emergency Communications 49,966,000 48,467,000
Preparedness.............
Priority
Telecommunications
Services.................
GETS/WPS/SRAS/TSP..... 56,319,000 54,629,000
Next Generation 7,636,000 7,407,000
Networks Priority
Services.............
-------------------------------------
Subtotal, Priority 63,955,000 62,036,000
Telecommunication
s Services.......
-------------------------------------
Subtotal, Emergency 113,921,000 110,503,000
Communications...........
Integrated Operations
Cyber and Infrastructure
Analysis
National 8,912,000 8,645,000
Infrastructure
Simulation Analysis
Center (NISAC).......
Infrastructure 34,410,000 33,378,000
Analysis.............
-------------------------------------
Subtotal, Cyber 43,322,000 42,023,000
and
Infrastructure
Analysis.........
Critical Infrastructure 21,222,000 21,222,000
Situational Awareness....
[Defense]............ (19,312,000) (19,312,000)
Stakeholder Engagement and 46,904,000 46,904,000
Requirements.............
[Defense]............ (42,214,000) (42,214,000)
Strategy, Policy, and 14,448,000 14,448,000
Plans....................
[Defense]............ (9,536,000) (9,536,000)
-------------------------------------
Subtotal, Integrated 125,896,000 124,597,000
Operations...............
Office of Biometric Identity
Management
Identity and Screening 68,826,000 68,826,000
Program Operations.......
IDENT/Homeland Advanced 150,603,000 150,603,000
Recognition Technology...
-------------------------------------
Subtotal, Office of 219,429,000 219,429,000
Biometric Identity
Management...............
Mission Support............... 87,517,000 87,517,000
[Defense]................. (27,130,000) (27,130,000)
-------------------------------------
Total, Operations and $1,455,275,000 $1,427,062,000
Support..................
------------------------------------------------------------------------

Cybersecurity

The Committee recommends $702,699,000 for Cybersecurity,
$17,858,000 below the amount requested and $33,285,000 above
the amount provided in fiscal year 2017. The Cybersecurity PPA
advances computer security preparedness and the response to
cyberattacks and incidents. The program includes activities to
secure federal networks, respond to incidents, disseminate
actionable information, and collaborate with private sector
partners to secure critical infrastructure.
The fiscal year 2017 National Defense Authorization Act
required DHS to provide Congress with a departmental
cybersecurity strategy. The Committee urges DHS to accelerate
the completion of the cybersecurity strategy in light of recent
cyber events and encourages the Department to continue to
engage with relevant public and private stakeholders to prevent
future cyber intrusions. DHS, and its relevant components,
should prioritize information technology (IT) supply chain risk
management in the development of the department's cyber
strategy. NPPD shall brief the Committee on IT supply chain
vulnerabilities not later than 90 days after the enactment of
this Act.
Cyber Readiness and Response. The Committee recommends
$194,936,000 for Cyber Readiness and Response, $6,029,000 below
the amount requested and $1,968,000 below the amount provided
in fiscal year 2017.
This program funds efforts to ensure the security and
resilience of the nation's critical infrastructure from
physical and cyber threats, including the activities of the
National Cybersecurity and Communications Integration Center
(NCCIC). The NCCIC is the federal government's civilian hub for
24x7 cyber situational awareness, incident response,
coordination, information sharing, and analysis. The Committee
strongly supports NPPD's plans to expand the capabilities of
NCCIC.
The Committee encourages NPPD to implement measures to
increase NCCIC operational efficiency and coordination,
especially with regard to the activities of the United States
Computer Emergency Readiness Team (US-CERT) and the Industrial
Control Systems Cyber Emergency Response Team (ICS-CERT),
including process improvements and increased capability to
support incident response, training, and risk assessments.
Cyber Infrastructure Resilience. The Committee recommends
$40,684,000 for Cyber Infrastructure Resilience, $1,259,000
below the amount requested and $3,369,000 below the amount
provided in fiscal year 2017.
The Cyber Infrastructure Resilience program funds efforts
to increase the security and resilience of critical
infrastructure (CI) systems and networks through partnership
and information sharing efforts with owners and operators, and
promotion of cybersecurity awareness, training, and education.
The Committee is aware that NPPD is currently working to
integrate election infrastructure into the National
Infrastructure Protection Plan. Although the primary
responsibility for securing elections belongs to state and
local election officials, DHS and the federal government share
information and provide technical assistance on a voluntary
basis to assist them with this responsibility. The Committee
encourages NPPD to continue to collaborate with key
stakeholders, including state and local election officials, the
Election Assistance Commission, the National Association of
Secretaries of State, the National Association of State
Election Directors, and the Multi-State Information Sharing and
Analysis Center (MS-ISAC), to identify vulnerabilities in state
election infrastructure and develop strategies to prevent cyber
intrusions. NPPD shall brief the Committee not later than 90
days after the date of enactment of this Act on its assessment
of such vulnerabilities and its plans to work with election
officials to prevent cyber intrusions.
The recommendation supports the Enhanced Cybersecurity
Services (ECS) program, a voluntary information sharing program
providing classified threat information to qualified employees
of CI owners and operators; the Cybersecurity Advisors (CSA)
initiative; and the Cyber Education and Awareness program to
develop the cybersecurity workforce pipeline.
Federal Cybersecurity. The Committee recommends
$467,079,000 for Federal Cybersecurity, $10,570,000 below the
amount requested and $38,622,000 above the amount provided in
fiscal year 2017. The recommendation supports the continued
deployment of Continuous Diagnostics and Mitigation (CDM)
technology and the National Cybersecurity Protection System
(NCPS), also known as ``EINSTEIN.''
For fiscal year 2018, the Committee encourages the
acceleration of Phase II of NPPD's non-signature based
intrusion detection and prevention pilot program. The pilot
should prioritize technologies from commercial and open sources
that rapidly analyze anomalies to automatically discover
previously unidentified malware and indicators of malicious
activity. NPPD is directed to brief the Committee on the pilot
program's progress within 180 days after the date of enactment
of this Act.

Infrastructure Protection

The Committee recommends $182,317,000 for Infrastructure
Protection, $5,638,000 below the amount requested and
$3,975,000 below the amount provided in fiscal year 2017. The
Infrastructure Protection program leads and coordinates
national programs and policies on CI and resilience, and
develops strong partnerships across government and the private
sector. The program conducts and facilitates vulnerability and
consequence assessments to help CI owners and operators and
state, local, tribal, and territorial partners understand and
address risks to CI. Additionally, it provides information on
emerging threats and hazards and offers tools and training to
partners to help them manage such risks to critical
infrastructure.
Infrastructure Capacity Building. The Committee recommends
$112,050,000 for Infrastructure Capacity Building, $3,465,000
below the amount requested and $4,685,000 below the amount
provided in fiscal year 2017. Infrastructure Capacity Building
activities include Sector Risk Management, Protective Security
Advisors, Bombing Prevention, and Infrastructure Information
and Sensitive Data Protection.
The Committee supports NPPD's efforts to pursue new,
innovative technologies for rapid deployment, identify projects
to solve resilient design challenges, develop tools to support
infrastructure investment decisions, and create products to
help detect malicious activity. Accordingly, of the amount
provided for National Infrastructure Protection Plan
Management, $2,000,000 is designated for the Technology
Development and Deployment Program to define agency needs,
identify requirements for community level critical
infrastructure protection and resilience, and rapidly develop,
test, and transition to use technologies that address these
needs and requirements.
Infrastructure Security Compliance. The Committee
recommends $70,267,000 for Infrastructure Security Compliance,
$2,173,000 below the amount requested and $710,000 above the
amount provided in fiscal year 2017. Funding for Infrastructure
Security Compliance supports efforts to secure the nation's
high-risk chemical facilities through systematic regulation,
inspection, and enforcement under the authority of the Chemical
Facility Anti-Terrorism Standards Act.

Emergency Communications

The Committee recommends $110,503,000 for Emergency
Communications, $3,418,000 below the amount requested and
$8,462,000 above the amount provided in fiscal year 2017. The
Emergency Communications program is responsible for advancing
the nation's interoperable emergency communications
capabilities to ensure first responders and government
officials are able to communicate in the event of disasters.
Emergency Communications Preparedness. The Committee
recommends $48,467,000 for Emergency Communications
Preparedness, $1,499,000 below the amount requested and
$4,370,000 above the amount provided in fiscal year 2017. The
recommendation supports specialized modeling and analysis to
predict and mitigate the effects of communications failures
during times of crisis.
Priority Telecommunications Services. The Committee
recommends $62,036,000 for Priority Telecommunications Services
(PTS), $1,919,000 below the amount requested and $4,092,000
above the amount provided in fiscal year 2017. Funds for PTS
enable National Security/Emergency Preparedness voice
telecommunications for government and industry organizations to
maintain essential operations and coordinate response and
recovery efforts during emergencies when networks are congested
or degraded. Additionally, PTS ensures new network
infrastructure is capable of satisfying priority
telecommunications requirements as carriers evolve to next-
generation networks.

Integrated Operations

The Committee recommends $124,597,000 for Integrated
Operations, $1,299,000 below the amount requested and
$14,913,000 above the amount provided in fiscal year 2017. The
Integrated Operations program ensures domain awareness by
sustaining command and control, coordination, information
sharing, and situational awareness supporting multiple mission
programs. This program includes various organizations that
carry out functions such as consequence analysis, decision
support and modeling, 24x7 critical infrastructure watch
operations, emergency preparedness, stakeholder engagement,
external affairs, privacy, and strategic planning.
Cyber and Infrastructure Analysis. The Committee recommends
$42,023,000 for Cyber and Infrastructure Analysis, $1,299,000
below the amount requested and $143,000 above the amount
provided in fiscal year 2017.
The Office of Cyber and Infrastructure Analysis enhances
protection of the nation's critical infrastructure through an
integrated analytical approach to evaluating the potential
consequences of disruption from physical or cyber threats and
incidents. This analysis informs decisions to strengthen
infrastructure security and resilience, as well as response and
recovery efforts, during natural, man-made, or cyber incidents.
Because the country's highly integrated electrical grid is
vulnerable to cyber-attacks, physical attacks, and natural
disasters, it is imperative to fully understand the
interdependencies among information technology, operational
technology, and physical security. Of the total recommended,
$2,000,000 is for evaluating the resiliency of utility grids
through real and simulated experimentation to test
technologies, train operators, and quantify impacts and risks
in order to prioritize response tactics and investment
strategies.

Office of Biometric Identity Management

The Committee recommends $219,429,000 for the Office of
Biometric Identity Management (OBIM), the same as the amount
requested and $16,000,000 below the amount provided in fiscal
year 2017.
OBIM provides biometric identification services to help
federal, state, and local government partners accurately
identify individuals they encounter to determine if they pose a
risk to the United States. Through the IDENT/Homeland Advanced
Recognition Technology (HART) database, OBIM shares
information, provides analyses, updates watchlists, and ensures
the integrity of biographic and biometric data.

FEDERAL PROTECTIVE SERVICE

Appropriation, fiscal year 2017....................... $1,451,078,000
Budget request, fiscal year 2018...................... 1,476,055,000
Recommended in the bill............................... 1,476,055,000
Bill compared with:
Appropriation, fiscal year 2017................... +24,977,000
Budget request, fiscal year 2018.................. - - -

Recommendation

The Committee recommends $1,476,055,000 for the Federal
Protective Service (FPS), the same as the amount requested and
$24,977,000 above the amount provided in fiscal year 2017. This
amount is fully offset by fees collected from FPS customer
agencies.
The Secretary and the Director of OMB shall certify in
writing to the Committees, not later than 60 days after the
date of enactment of this Act, that the operations of FPS will
be fully funded in fiscal year 2018 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 2017....................... $440,035,000
Budget request, fiscal year 2018...................... 335,033,000
Recommended in the bill............................... 335,033,000
Bill compared with:
Appropriation, fiscal year 2017................... -105,002,000
Budget request, fiscal year 2018.................. - - -

NPPD's Procurement, Construction, and Improvements (PC&I)
appropriation supports the planning, operational development,
engineering, and acquisition of assets that support the
security and resilience of physical and cyber infrastructure.

Recommendation

The Committee recommends $335,033,000 for PC&I, the same as
the amount requested and $105,002,000 below the amount provided
in fiscal year 2017.
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 $185,180,000 $185,180,000
Mitigation...............
National Cybersecurity 56,129,000 56,129,000
Protection System........
-------------------------------------
Subtotal, 241,309,000 241,309,000
Cybersecurity........
Emergency Communications
Next Generation Networks 48,905,000 48,905,000
Priority Services........
-------------------------------------
Subtotal, Emergency 48,905,000 48,905,000
Communications.......
Biometric Identity Management
IDENT/Homeland Advanced 40,100,000 40,100,000
Recognition Technology...
-------------------------------------
Subtotal, Biometric 40,100,000 40,100,000
Identity Management..
Integrated Operations Assets
and Infrastructure
Modeling Capability 500,000 500,000
Transition Environment...
-------------------------------------
Subtotal, Integrated 500,000 500,000
Operations Assets and
Infrastructure.......
Infrastructure Protection
Infrastructure Protection 4,219,000 4,219,000
(IP) Gateway.............
-------------------------------------
Subtotal, 4,219,000 4,219,000
Infrastructure
Protection...........
-------------------------------------
Total, Procurement, $335,033,000 $335,033,000
Construction, and
Improvements.............
------------------------------------------------------------------------

Cybersecurity

Continuous Diagnostics and Mitigation. Recognizing the
ever-changing cybersecurity landscape and the increase in
associated vulnerabilities, the Committee fully supports NPPD's
program strategy to evolve and extend CDM protections beyond
the network to include data protection. The Assistant Secretary
of NPPD for Cybersecurity and Communications shall brief the
Committee not later than 180 days after the date of enactment
of this Act on the timeline and acquisition strategy to
implement Phase 4 data protection capabilities (Digital Rights
Management, Data Masking, Micro-Segmentation, Enhanced
Encryption, and Mobile Device Management) across all ``.gov''
civilian agencies.
The Committee also encourages NPPD to invest in Network
Traffic Visibility solutions in Phase 3 to enhance the
detection of cyber threats across federal networks.

RESEARCH AND DEVELOPMENT

Appropriation, fiscal year 2017....................... $6,469,000
Budget request, fiscal year 2018...................... 11,126,000
Recommended in the bill............................... 11,126,000
Bill compared with:
Appropriation, fiscal year 2017................... +4,657,000
Budget request, fiscal year 2018.................. - - -

The Research and Development (R&D) appropriation supports
the search for new or refined products and processes to
maintain or increase national economic productive capacity.

Recommendation

The Committee recommends $11,126,000 for R&D, the same as
the amount requested and $4,657,000 above the amount provided
in fiscal year 2017.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:

------------------------------------------------------------------------
Budget request Recommendation
------------------------------------------------------------------------
Research and Development
Cybersecurity................. $4,695,000 $4,695,000
Infrastructure Protection..... 2,431,000 2,431,000
Integrated Operations......... 4,000,000 4,000,000
-------------------------------------
Total, Research and $11,126,000 $11,126,000
Development..............
------------------------------------------------------------------------

Office of Health Affairs

Appropriation, fiscal year 2017....................... $123,548,000
Budget request, fiscal year 2018...................... 111,319,000
Recommended in the bill............................... 119,319,000
Bill compared with:
Appropriation, fiscal year 2017................... -4,229,000
Budget request, fiscal year 2018.................. +8,000,000

Mission

The Office of Health Affairs (OHA) serves as the principal
authority for health and medical issues at DHS. OHA provides
biological and chemical defense, medical, public health, and
scientific expertise to support the DHS mission to safeguard
the nation.

OPERATIONS AND SUPPORT

The Operations and Support (O&S) appropriation funds the
management of a national biodetection system; activities to
advise DHS leadership about health security issues and guide
DHS policies to keep its workforce safe, and coordinate with
the medical first responder community and stakeholders at all
levels of government to prepare for, respond to, and recover
from mass casualty incidents and health consequences of
terrorism and disasters; and the development of policy, plans,
and exercises related to biological and chemical defense,
infectious diseases, and health security to support the DHS
mission.

Recommendation

The Committee recommends $119,319,000 for O&S, $8,000,000
above the amount requested and $4,229,000 below the amount
provided in fiscal year 2017.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:

------------------------------------------------------------------------
Budget request Recommendation
------------------------------------------------------------------------
Operations and Support
Chemical and Biological $77,380,000 $77,380,000
Readiness....................
Health and Medical Readiness.. 4,120,000 4,120,000
Integrated Operations......... 1,400,000 9,400,000
Mission Support............... 28,419,000 28,419,000
Total, Operations and $111,319,000 $119,319,000
Support..................
------------------------------------------------------------------------

The budget proposes the elimination of the National
Biosurveillance Integration Center (NBIC), but provides little
substantive justification or assessment of the resulting
impacts on the Department and on federal, state, local, and
private sector partners. Absent such justification, the
recommendation includes $8,000,000 above the request to
continue to support NBIC as authorized by Public Law 110-53.
The Committee encourages NBIC 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.

Federal Emergency Management Agency

Appropriation, fiscal year 2017....................... $11,395,532,000
Budget request, fiscal year 2018...................... 10,519,570,000
Recommended in the bill............................... 11,434,207,000
Bill compared with:
Appropriation, fiscal year 2017................... +38,675,000
Budget request, fiscal year 2018.................. +914,637,000

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 2017....................... $1,048,551,000
Budget request, fiscal year 2018...................... 1,014,748,000
Recommended in the bill............................... 1,027,135,000
Bill compared with:
Appropriation, fiscal year 2017................... -21,416,000
Budget request, fiscal year 2018.................. +12,387,000

Operations and Support (O&S) provides core mission
development and maintenance of an integrated, nationwide
capability to prepare for, mitigate against, respond to, and
recover from the consequences of major disasters and
emergencies regardless of cause, in partnership with other
federal agencies, state, local, tribal, and territorial
governments, volunteer organizations, and the private sector.
Activities supported by this account incorporate the essential
command and control functions, mitigate long-term risks, ensure
the continuity and restoration of essential services and
functions, and provide leadership to build, sustain, and
improve the coordination and delivery of support to citizens
and state, local, tribal, and territorial governments.

Recommendation

The Committee recommends $1,027,135,000 for O&S,
$12,387,000 above the amount requested and $21,416,000 below
the amount provided in fiscal year 2017.
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........... $156,417,000 $156,417,000
Mitigation.................... 36,141,000 36,141,000
Preparedness and Protection... 131,981,000 131,981,000
Response and Recovery
Response.................. 175,226,000 182,893,000
(Urban Search and (27,513,000) (35,180,000)
Rescue)..............
Recovery.................. 46,694,000 46,694,000
Mission Support............... 468,289,000 473,009,000
-------------------------------------
Total, Operations and $1,014,748,000 $1,027,135,000
Support..............
(Defense)............. (42,945,000) (42,945,000)
------------------------------------------------------------------------

Mitigation

As requested, the Committee recommends $36,141,000 for
Mitigation, the same as the amount requested and $7,928,000
above the amount provided in fiscal year 2017.
The Committee remains concerned about the adequacy of
protective structures in tornado-prone areas of the country.
Based on studies by the National Institute of Standards and
Technology, model codes requiring community safe rooms for new
school buildings and other facilities associated with schools
where people regularly assemble have been improved in recent
years. However, such changes may be insufficient in light of
the devastating storms and tornadoes that have ripped through
the Midwest and southern states, which have resulted in a
tragic loss of human lives and caused millions of dollars in
property damage. As part of its efforts to improve the
resiliency of structures, the Committee recommends that FEMA
consider the adoption of uniform national guidelines for safe
room design and construction, as well as a requirement that
safe rooms be incorporated into the design and construction of
federally-funded structures located in areas prone to severe
weather and hazards.

Response and Recovery

The Committee recommends $229,587,000 for Response and
Recovery, $7,667,000 above the amount requested and $14,345,000
below the amount provided in fiscal year 2017. Within the
recommendation is $35,180,000 for the Urban Search and Rescue
Response System (USAR), $7,667,000 above the request, to
continue to support the 28 USAR Task Forces.
House Report 114-668 directed FEMA to assess the
feasibility and costs of establishing national veterinary
professional emergency teams, which would deploy with USAR
teams to assist with veterinary care of search and rescue
canines and other related response and recovery efforts, and to
brief the Committee on its assessment not later than 180 days
after the date of enactment. In conducting this assessment, the
Committee encourages FEMA to work with the U.S. Department of
Agriculture and Department of Health and Human Services with
similar veterinary emergency teams to codify best practices and
ensure efforts are not duplicative across agencies.

Mission Support

The Committee recommends $473,009,000 for Mission Support,
$4,720,000 above the amount requested and $93,000 above the
amount provided in fiscal year 2017. The increase above the
request reflects the transfer of funding from the Procurement,
Construction, and Improvements (PC&I) appropriation for the
sustainment of the existing financial management system, which
is more appropriately funded within O&S.
FEMA utilizes or supports many geospatial information
systems (GIS) technologies for response, planning, and
mitigation. The Committee recognizes that GIS can provide
critical information to first responders but also represents a
vast amount of data that can complicate response efforts,
particularly for federal, state, and local governments with
inadequate access to GIS solutions. FEMA should work with
federal, state, and local partners to integrate GIS platforms
to better inform disaster response, guide government
acquisition of GIS technologies, and improve the quality of GIS
tools available to first responders.

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2017....................... $35,273,000
Budget request, fiscal year 2018...................... 89,996,000
Recommended in the bill............................... 76,578,000
Bill compared with:
Appropriation, fiscal year 2017................... +41,305,000
Budget request, fiscal year 2018.................. -13,418,000

PC&I provide funds necessary for the planning, operational
development, engineering, and purchase of one or more assets
prior to sustainment.

Recommendation

The Committee recommends $76,578,000 for PC&I, $13,418,000
below the amount requested and $41,305,000 above the amount
provided in fiscal year 2017.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:

------------------------------------------------------------------------
Budget request Recommendation
------------------------------------------------------------------------
Procurement, Construction, and
Improvements
Operational Communications/ $12,018,000 $12,018,000
Information Technology...
Construction and Facility 44,519,000 44,519,000
Improvements.............
Mission Support Assets and 33,459,000 20,041,000
Infrastructure...........
-------------------------------------
Total, Procurement, $89,996,000 $76,578,000
Construction, and
Improvements.........
-------------------------------------
(Defense)............. (53,262,000) (53,262,000)
------------------------------------------------------------------------

Operational Communications/Information Technology

As requested, the Committee recommends $12,018,000 for
Operational Communications/Information Technology, $9,218,000
above the amount provided in fiscal year 2017, to support
Integrated Public Alert Warning System program modernization.

Construction and Facility Improvements

As requested, the Committee recommends $44,519,000 for
Construction and Facility Improvements, $23,469,000 above the
amount provided in fiscal year 2017. The recommendation
includes $41,244,000 for the Mount Weather Emergency Operations
Center facility; $1,778,000 for facility upgrades at the Center
for Domestic Preparedness; and $1,497,000 for the National
Emergency Training Center. Consistent with prior years, FEMA
shall brief the Committee on an updated capital infrastructure
investment plan not later than 60 days after the date of
enactment of this Act.

Mission Support Assets and Infrastructure

The Committee recommends $20,041,000 for Mission Support
Assets and Infrastructure, $13,418,000 below the amount
requested and $8,618,000 above the amount provided in fiscal
year 2017. The reduction below the request is due to the delay
in financial system modernization efforts.

FEDERAL ASSISTANCE

Appropriation, fiscal year 2017....................... $2,983,458,000
Budget request, fiscal year 2018...................... 2,064,130,000
Recommended in the bill............................... 3,003,798,000
Bill compared with:
Appropriation, fiscal year 2017................... +20,340,000
Budget request, fiscal year 2018.................. +939,668,000

The Federal Assistance (FA) appropriation enables FEMA to
provide federal, state, local, tribal, and territorial
jurisdictions with grants, training, exercises, and other
support to prevent, protect against, mitigate, respond to, and
recover from terrorism and natural disasters.

Recommendation

The Committee recommends $3,003,798,000 for FA,
$939,668,000 above the amount requested and $20,340,000 above
the amount provided in fiscal year 2017. The recommendation
restores the cuts proposed in the budget request to FEMA's
grants and education, training, and exercise programs to
support first responders.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:

------------------------------------------------------------------------
Budget request Recommendation
------------------------------------------------------------------------
Federal Assistance
Grants ................. .................
State Homeland Security $349,362,000 $467,000,000
Grant Program............
(Operation - - - (55,000,000)
Stonegarden).........
Urban Area Security 448,844,000 630,000,000
Initiative...............
(Nonprofit Security).. - - - (50,000,000)
Public Transportation 47,809,000 100,000,000
Security Assistance......
(Amtrak Security)..... - - - (10,000,000)
Port Security Grants...... 47,809,000 100,000,000
Assistance to Firefighter 344,344,000 345,000,000
Grants...................
Staffing for Adequate Fire 344,344,000 345,000,000
and Emergency Response
(SAFER) Grants...........
Emergency Management 279,335,000 350,000,000
Performance Grants.......
National Predisaster 39,016,000 100,000,000
Mitigation Fund..........
Flood Hazard Mapping and - - - 177,531,000
Risk Analysis Program
(RiskMAP)................
Emergency Food and Shelter - - - 120,000,000
-------------------------------------
Subtotal, Grants...... 1,900,863,000 2,734,531,000
Education, Training, and 63,771,000 63,771,000
Exercises Center for Domestic
Preparedness
Center for Homeland 17,966,000 17,966,000
Defense and Security.....
Emergency Management 18,824,000 18,824,000
Institute................
U.S. Fire Administration.. 41,913,000 41,913,000
National Domestic - - - 98,000,000
Preparedness Consortium..
Continuing Training Grants - - - 8,000,000
National Exercise Program. 20,793,000 20,793,000
-------------------------------------
Subtotal, Education, 163,267,000 269,267,000
Training, and
Exercises............
-------------------------------------
Total, Federal Assistance. $2,064,130,000 $3,003,798,000
------------------------------------------------------------------------

Grants

The Committee recommends $2,734,531,000 for Grants,
$833,668,000 above the amount requested and $25,000,000 above
the amount provided in fiscal year 2017.
The Committee notes that in fiscal year 2017, $41,000,000
was provided 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. The Committee will continue to monitor the need for
additional funding for this purpose in fiscal year 2018 as the
bill moves through the appropriations process.
The Committee remains concerned about potential attacks on
public accommodations such as sports stadiums, movie theaters,
shopping centers, and 1 other social gathering sites. These
targets are especially concerning because they are easy to
attack and difficult to defend. Therefore, the Committee
directs the DHS to brief the Committee on the major challenges
we face in securing these targets and a strategy for how
federal, state, local entities, or pivate partnerships can
better secure these targets; and what resources are available
to address this threat.
State Homeland Security Grant Program. The Committee
recommends $467,000,000 for the State Homeland Security Grant
Program (SHSGP), $117,638,000 above the amount requested and
the same as the amount provided in fiscal year 2017.
Within the funds available for SHSGP, the Committee
recommends $55,000,000 for Operation Stonegarden grants, which
should be awarded and administered consistent with direction in
prior year reports. As part of the fiscal year 2019 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).
State governments play an important role in protecting
individuals, businesses, and state and local agencies from
cyber-attacks. The Committee notes that cybersecurity is
identified as a core capability gap in the annual National
Preparedness Report. While FEMA does not prescribe minimum
funding amounts for specific capability gaps, FEMA is urged to
continue to encourage states to address critical cybersecurity
vulnerabilities through existing SHSGP grant funding.
Urban Area Security Initiative. The Committee recommends
$630,000,000 for the Urban Area Security Initiative (UASI),
$181,156,000 above the amount requested and $25,000,000 above
the amount provided in fiscal year 2017. The increase above
fiscal year 2017 is for the Nonprofit Security Grant Program.
The Committee expects the Secretary to prioritize UASI
funding towards urban areas that are subject to the greatest
terrorism risk, and to allocate resources in proportion to that
risk. Consistent with fiscal year 2017, the Department shall
limit UASI funding to urban areas representing up to 85 percent
of the national urban area risk.
Firefighter Assistance Grants. The Committee recommends
$690,000,000 for firefighter assistance grants, of which
$345,000,000 is for the Assistance to Firefighters Grant
program for firefighter equipment, training, vehicles, and
other resources, and $345,000,000 is for firefighter jobs under
the Staffing for Adequate Fire and Emergency Response grant
program. The total amount is $1,312,000 above the request and
the same as the amount provided in fiscal year 2017.
Today, crude oil-by-rail communities and their first
responders lack the equipment, training, and operational
support they need to meet the public safety challenges posed by
derailments. FEMA is encouraged to give high priority
consideration to grants providing for planning, training, and
equipment to firefighters for crude oil-by-rail and ethanol-by-
rail derailment and incident response to help meet the needs of
our most vulnerable communities and first responders.
National Predisaster Mitigation Fund. The Committee
recommends $100,000,000 for the National Predisaster Mitigation
Fund (PDM), $60,984,000 above the amount requested and the same
as the amount provided in fiscal year 2017. PDM grants are one
of the only sources of federal mitigation funding for
communities prior to a disaster. It has been repeatedly
demonstrated that these types of investments lead to
significant savings by mitigating risks, reducing damage from
future disasters, and lowering flood insurance premiums.
Flood Hazard Mapping and Risk Analysis. The Committee
recommends $177,531,000 for Flood Hazard Mapping and Risk
Analysis, $177,531,000 above the amount requested and the same
as the amount provided in fiscal year 2017. In lieu of
discretionary funding for FEMA's Risk Mapping, Assessment, and
Planning (Risk MAP) program, the fiscal year 2018 budget
proposed to establish a new surcharge on National Flood
Insurance Program (NFIP) policies to fund these activities. The
Committee believes the Risk MAP program is critical to a wide
range of users, not just flood insurance policy holders. In
addition to informing flood insurance rates, flood mapping data
is used to establish zoning, land use, and building standards,
and to support infrastructure, transportation, and emergency
management planning and response. Therefore, the recommendation
sustains funding for the program at fiscal year 2017 levels.
Accurate flood mapping data is the foundation of ensuring
that communities are resilient in the face of disaster. FEMA's
data collection and modeling processes must be transparent from
beginning to end and involve the active participation of local
jurisdictions to ensure maps accurately reflect local
conditions and minimize costs to local communities. FEMA is
directed to assess 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. FEMA shall brief the Committee
not later than 60 days after the date of enactment of this Act
on any changes planned or implemented as a result of this
assessment.
Further, FEMA is directed to allocate flood map funding to
assist local governments and cooperating technical partners in
acquiring the data collection tools necessary to produce
accurate, local data that meet FEMA's standards for use in the
agency's modeling processes to re-map local jurisdictions.

Education, Training, and Exercises

The Committee recommends $269,267,000 for Education,
Training, and Exercises, $106,000,000 above the amount
requested and $4,660,000 below the amount provided in fiscal
year 2017.
The Committee recognizes that FEMA plays a unique role in
raising the baseline capabilities of all first responders and
is committed to maintaining unique FEMA training opportunities
related to chemical, biological, radiological, nuclear, and
explosives incidents to improve national readiness.
National Domestic Preparedness Consortium. The Committee
recommends $98,000,000 for the National Domestic Preparedness
Consortium (NDPC), $98,000,000 above the amount requested and
$3,000,000 below the amount provided in fiscal year 2017. The
NDPC provides critical training for the counter-terrorism
preparedness needs of the nation's emergency first responders
within the context of all hazards, including chemical,
biological, radiological, and explosive weapons of mass
destruction.
Continuing Training Grants. The Committee recommends
$8,000,000 for Continuing Training Grants, $8,000,000 above the
amount requested and the same as the amount provided in fiscal
year 2017. Funding supports training related to: crisis
management for school-based incidents; mass fatality planning
and response; the development of emergency operations plans,
including interagency communications and coordination and
response planning for individuals with access and functional
needs; rail car safety, particularly for the transportation of
crude oil and other hazardous materials; media engagement
strategies for first responders; agro-terrorism; food and
animal safety; environmental health and hazardous materials
incidents; and the development and delivery of cybersecurity-
related training, exercises, and technical assistance. 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

Appropriation, fiscal year 2017....................... $7,328,515,000
Budget request, fiscal year 2018...................... 7,351,720,000
Recommended in the bill............................... 7,327,720,000
Bill compared with:
Appropriation, fiscal year 2017................... -795,000
Budget request, fiscal year 2018.................. -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.

FEMA uses the Disaster Relief Fund (DRF) appropriation to
direct, coordinate, manage, and fund eligible response and
recovery efforts associated with domestic major disasters and
emergencies that overwhelm state and tribal resources pursuant
to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, P.L. 93-288 (as amended). Specifically, the DRF
supports the pre-disaster surge of personnel, equipment, and
supplies; response and recovery efforts following emergency
declarations and major disaster declarations; fire management
assistance grants (FMAG); and Disaster Readiness and Support.
Response and recovery activities include emergency protection
and debris removal; the repair and replacement of qualifying
disaster-damaged public infrastructure and facilities; eligible
hazard mitigation initiatives; financial assistance to eligible
disaster survivors; and FMAG for qualifying large wildfires on
non-federal property.

Recommendation

The Committee recommends a total of $7,327,720,000 for the
DRF, including $6,793,000,000 that is designated by the
Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985. Consistent with the fiscal year 2017 DHS
Appropriations Act, the recommendation does not include the
proposed $24,000,000 transfer to the OIG for audits of
disaster-related grant awards, and instead provides the funds
directly to the OIG for better congressional oversight.
While prior year statutory requirements for annual and
monthly DRF reporting are not continued, FEMA shall submit to
the Committees and post to the Agency's website such
information in the same manner as directed in Public Law 114 4.
The Committee recognizes the economic stress that can be
placed on rural regions of the nation following a disaster. In
particular, many rural communities located in states with large
population centers are often disadvantaged by the disaster
declaration process. The Disaster Declaration Improvement Act
(H.R. 1665), which passed the House unanimously on May 5, 2017,
directs the Administrator of FEMA, in making recommendations to
the President regarding a major disaster declaration, to give
greater weight and consideration to severe local impact of
disasters. FEMA shall brief the Committee not later than 60
days after the date of enactment of this Act on how FEMA would
implement this directive if enacted in law.

NATIONAL FLOOD INSURANCE FUND

Appropriation, fiscal year 2017....................... $181,799,000
Budget request, fiscal year 2018...................... 253,500,000
Recommended in the bill............................... 203,500,000
Bill compared with:
Appropriation, fiscal year 2017................... +21,701,000
Budget request, fiscal year 2018.................. -50,000,000

The National Flood Insurance Program (NFIP) is a voluntary
federal program that enables property owners to purchase flood
insurance when participating communities adopt and enforce
floodplain management requirements that reduce the future
economic impact of floods on private and public structures.

Recommendation

The Committee recommends $13,573,000 for salaries and
expenses associated with flood management and $189,927,000 for
flood plain management and flood mapping. Flood mitigation
funds are available until September 30, 2019, and are offset by
premium collections. In addition, the bill establishes
obligation limitations on the use of mandatory NFIP
collections, including $175,000,000 for flood mitigation and
flood mitigation assistance grants and $5,000,000 for the
Office of the Flood Insurance Advocate (OFIA). The
recommendation does not include the proposals to establish a
new surcharge or to increase premiums and surcharges on flood
insurance policies, as the authorization of these proposals is
not under the jurisdiction of this Committee.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:

------------------------------------------------------------------------
Budget Request Recommendation
------------------------------------------------------------------------
National Flood Insurance Fund
Floodplain Management and $239,927,000 $189,927,000
Mapping......................
Mission Support............... 13,573,000 13,573,000
-------------------------------------
Total, National Flood $253,500,000 $203,500,000
Insurance Fund...........
Offsetting Fee Collections -253,500,000 -203,500,000
------------------------------------------------------------------------

The Committee continues to support the OFIA and encourages
the Advocate to assist policy holders in accessing resources to
validate applicable premium rates as FEMA establishes the
rating criteria for all NFIP policies. The Advocate is required
to aid potential policy holders under the NFIP in obtaining and
verifying accurate and reliable flood insurance rate
information when purchasing or renewing a flood insurance
policy under the Homeowner Flood Insurance Affordability Act of
2014.
Flood Insurance Rate Maps (FIRMs) are the basis for
establishing the floodplain management responsibilities of
communities participating in the Community Rating System
program and for determining which properties require flood
insurance coverage as a condition of receiving a mortgage from
a federally regulated or insured lender. The Committee is aware
that, as FEMA updates FIRMs across the country, it requests
documentation from local communities and levee sponsors to
demonstrate that levees meet or continue to meet the regulatory
criteria for accreditation. According to a November 2014
Memorandum of Understanding between FEMA and the U.S. Army
Corps of Engineers (USACE), levee inspection reports by USACE
may satisfy certain criteria for FEMA accreditation. FEMA is
directed to work closely with USACE to share information
related to levee accreditation and avoid imposing unnecessary
costs on levee sponsors or surrounding communities.
In many communities, particularly in coastal areas, there
are often a relatively small number of high-value homes
existing alongside far more modest homes and businesses that
have been present for decades, with a commensurate disparity in
household income and financial resources. The Committee is
aware of concerns that the use of micro-simulation models in
determining eligibility for NFIP vouchers would result in
skewed assumptions regarding average home values and incomes of
NFIP policy holders, resulting in the disqualification of some
homeowners who truly need the vouchers. As a means to address
affordability of the NFIP, it is critical that accurate data be
used in determining eligibility for and distribution of
vouchers. For the forthcoming statutorily mandated
affordability framework in which vouchers are being considered,
FEMA is directed to collaborate with the Department of Housing
and Urban Development and the U.S. Census Bureau to use data on
actual home values and household income instead of simply
relying on micro-simulation modeling.

TITLE III--ADMINISTRATIVE PROVISIONS--THIS ACT

(INCLUDING TRANSFER OF FUNDS)

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 ``FEMA--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 and modifies a
provision allowing reimbursements for the costs of providing
humanitarian relief to unaccompanied alien children and to
alien adults and their minor children to be an eligible use for
certain Homeland Security grants.
Section 306. 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.

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

United States Citizenship and Immigration Services

Appropriation, fiscal year 2017....................... $121,139,000
Budget request, fiscal year 2018...................... 131,513,000
Recommended in the bill............................... 131,513,000
Bill compared with:
Appropriation, fiscal year 2017................... +10,374,000
Budget request, fiscal year 2018.................. - - -

Mission

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

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2017....................... $103,912,000
Budget request, fiscal year 2018...................... 108,856,000
Recommended in the bill............................... 108,856,000
Bill compared with:
Appropriation, fiscal year 2017................... +4,944,000
Budget request, fiscal year 2018.................. - - -

The USCIS Operations and Support (O&S) appropriation
encompasses the funding for ongoing mission operations, mission
support, and associated management and administration costs of
the E-Verify program.

Recommendation

The Committee recommends $108,856,000 in discretionary
funding for O&S, the same as the amount requested and
$4,944,000 above the amount provided in fiscal year 2017.
The Committee directs DHS, not later than 60 days after the
date of enactment of this Act, to brief the Committee on
changes to the vetting process for benefit programs, as
directed by the Executive Order, Protecting the Nation from
Foreign Terrorist Entry into the United States.
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.
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.
As directed in House Report 114-668, USCIS shall continue
to brief the Committee on its framework for prioritizing
Immigration Benefit Fraud Assessments, to include how USCIS
currently applies fraud prevention and detection techniques.
The Committee encourages USCIS to maintain naturalization
fees at an affordable level and expects the continued 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.
A recent GAO report on the Systematic Alien Verification
for Entitlements (SAVE) system (GAO-17-204) found that, while
the system accurately reported the status of benefit applicants
99 percent of the time, the majority of user agencies did not
complete additional steps to verify an applicant's immigration
status when prompted by the system to do so. In addition, the
report found that USCIS's mechanisms for allowing benefit
applicants to correct inaccurate personal information was
inadequate, and concluded that the SAVE Monitoring and
Compliance Branch lacks a documented, risk-based strategy for
monitoring user agencies. The Committee expects USCIS to
provide regular updates on the status of complying with the
report's nine recommendations.
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 re-enter the United States.
The Committee urges USCIS to dedicate additional resources
to the adjudication of U visas for victims of certain crimes
who have suffered mental or physical abuse and are helpful to
law enforcement or government officials in the investigation or
prosecution of criminal activity.

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2017....................... $15,227,000
Budget request, fiscal year 2018...................... 22,657,000
Recommended in the bill............................... 22,657,000
Bill compared with:
Appropriation, fiscal year 2017................... 7,430,000
Budget request, fiscal year 2018.................. - - -

The USCIS Procurement, Construction, and Improvements
(PC&I) appropriation funds the planning and acquisition costs
for the E-Verify program, which helps U.S. employers ensure
they have a legal workforce by providing employment
authorization status verification of their recently hired
employees. The PC&I appropriation helps ensure the integrity of
the immigration system through strengthening and modernizing
the infrastructure supporting the E-Verify program.

Recommendation

The Committee recommends $22,657,000 in discretionary
funding for PC&I, the same as the request and $7,430,000 above
the amount provided in fiscal year 2017.

Federal Law Enforcement Training Centers

Appropriation, fiscal year 2017....................... $242,518,000
Budget request, fiscal year 2018...................... 272,759,000
Recommended in the bill............................... 260,099,000
Bill compared with:
Appropriation, fiscal year 2017................... +17,581,000
Budget request, fiscal year 2018.................. -12,660,000

Mission

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

OPERATIONS AND SUPPORT

The Operations and Support (O&S) appropriation funds
expenses in support of the Law Enforcement Training and Mission
Support PPAs, including: salaries and benefits; supplies,
services, and equipment; travel; basic training tuition and
overhead; minor construction and maintenance; and supplies,
services, and equipment, among other expenses.

Recommendation

The Committee recommends $260,099,000 for O&S, $12,660,000
below the amount requested and $17,581,000 above the amount
provided in fiscal year 2017. The reduction to the request
reflects updated hiring timelines by CBP and ICE.
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...... $244,725,000 $232,065,000
Mission Support............... 28,034,000 28,034,000
-------------------------------------
Total, Operations and $272,759,000 $260,099,000
Support..................
------------------------------------------------------------------------

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

Science and Technology Directorate

Appropriation, fiscal year 2017....................... $781,746,000
Budget request, fiscal year 2018...................... 627,324,000
Recommended in the bill............................... 638,100,000
Bill compared with:
Appropriation, fiscal year 2017................... -143,646,000
Budget request, fiscal year 2018.................. +10,776,000

Mission

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

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2017....................... $311,122,000
Budget request, fiscal year 2018...................... 254,618,000
Recommended in the bill............................... 254,618,000
Bill compared with:
Appropriation, fiscal year 2017................... -56,504,000
Budget request, fiscal year 2018.................. - - -

The Operations and Support (O&S) appropriation funds the
management of S&T activities to deliver advanced technology
solutions to DHS components and first responders.

Recommendation

The Committee recommends $254,618,000 for O&S, the same as
the amount requested and $56,504,000 below the amount provided
in fiscal year 2017.
Without prejudice, and due to funding limitations, the
recommendation does not include support for three laboratory
facilities owned and operated by S&T that the Administration
proposed for closure. Although the Department has asserted that
much of the work performed at these facilities is not directly
tied to the DHS mission or that research and capabilities
within the DHS mission space may be replicated at other
facilities, it has not sufficiently justified the proposed
closures or adequately planned for how their operations will be
either phased out or could be realigned to other agencies. The
closure of the National Urban Security Technology Laboratory
and the Chemical Security Analysis Center will reduce the
ability the homeland security community to prepare, protect and
respond to radiological, nuclear and chemical threats. In
addition, the Committee is very concerned that the closure of
the National Biodefense Analysis and Countermeasures Center
(NBACC) will result in a loss in capability to the federal
government in the field of bio-forensics and bio-threats, which
has broader implications for the safety of the American people.
Therefore, the Committee directs S&T to work with other federal
stakeholders which utilize the facility to determine whether
NBACC should be transitioned to another agency and, if so,
plan, prepare for, and implement an orderly transition during
fiscal year 2018. S&T and other federal stakeholders identified
by S&T, including the Federal Bureau of Investigation, shall
jointly brief the Committee not later than 60 days after the
date of enactment of this Act on its transition plan and
timeline for execution. If the joint determination is for S&T
to maintain ownership of NBACC, the briefing shall address an
appropriate plan for other federal stakeholders to reimburse
S&T for their share of the costs incurred to operate the
facility, conduct R&D, and perform additional activities in
furtherance of those agencies missions. In the meantime,
pending final dispositions on the proposed closures of the
three labs in a final appropriations Act, S&T is directed to
refrain from making any final decisions that would begin or
require the closure of the three labs.
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......... $92,243,000 $92,243,000
Acquisition and Operations 42,552,000 42,552,000
Analysis.....................
Mission Support............... 119,823,000 119,823,000
-------------------------------------
Total, Operations and $254,618,000 $254,618,000
Support..................
------------------------------------------------------------------------

RESEARCH AND DEVELOPMENT

Appropriation, fiscal year 2017....................... $470,624,000
Budget request, fiscal year 2018...................... 372,706,000
Recommended in the bill............................... 383,482,000
Bill compared with:
Appropriation, fiscal year 2017................... -87,142,000
Budget request, fiscal year 2018.................. +10,776,000

The Research and Development (R&D) appropriation funds
state-of-the-art technology and solutions to meet the needs of
DHS components and the first responder community, including
critical homeland security-related research and education at
U.S. colleges and universities to address high-priority, DHS-
related challenges and to enhance homeland security
capabilities over the long term.

Recommendation

The Committee recommends $383,482,000 for R&D, $10,776,000
above the amount requested and $87,142,000 below the amount
provided in fiscal year 2017.
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 $342,982,000 $342,982,000
Innovation...................
University Programs........... 29,724,000 40,500,000
-------------------------------------
Total, Research and $372,706,000 $383,482,000
Development..............
------------------------------------------------------------------------

Research, Development, and Innovation

The Committee recommends $342,982,000 for Research,
Development, and Innovation (RD&I), the same as the amount
requested and $87,142,000 below the amount provided in fiscal
year 2017. 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 the original
allocation.
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.
The Committee recognizes the importance of the resilience
and security of the nation's critical infrastructure--both
physical and cyber--to national security and economic vitality.
S&T is encouraged to support R&D and education initiatives to
strengthen these efforts in a collaborative, interdisciplinary
manner that leverages the private sector, academic
institutions, industry, and other federal government
organizations.
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.
The Committee encourages the continued collaboration
between S&T and the Israeli Ministry of Public Security in the
development of first responder and cybersecurity technologies,
as authorized in Public Law 114-304.
The Committee is concerned with the security
vulnerabilities of our nation's mass transit and passenger rail
systems, and the ability of violent extremist organizations or
individuals to exploit weaknesses in existing rail safety
systems. Therefore, the Committee strongly encourages DHS to
explore ways to better utilize its laboratory facilities to
rapidly research, develop, prototype, and deploy cutting-edge
counterterrorism technologies to close any counterterrorism
gaps in our mass transit and passenger rail systems.
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 is aware of a recent datacasting pilot
program which DHS conducted in collaboration with Houston
Public Media and the Johns Hopkins Applied Physics Laboratory.
The Committee is encouraged by this novel application of
existing technology and use of available electromagnetic
spectrum and requests a briefing on this program and the
Department's plans for future deployment within 60 days after
the date of enactment of this Act.
The Committee commends DHS on issuing its Plan to Support
Increased Public Access to the Results of Research Funded by
the Federal Government on December 27, 2016. The Committee
urges the Department to continue its efforts towards full
implementation of the plan and directs S&T to provide an update
on its progress not later than 30 days after the date of
enactment of this Act.
The Committee supports the new S&T Small Unmanned Aircraft
Systems Demonstration Range Facility, and encourages S&T to
leverage this facility to advance research on maritime UAS
systems and sensors.
The Committee is aware of ongoing R&D by both S&T and the
Coast Guard on promising technologies that can search wide
swaths of open ocean from an aircraft and detect a person in
the water. These technologies have the potential to greatly
enhance the Coast Guard's search and rescue mission, as well as
be used in several other homeland security applications. S&T
and the Coast Guard are encouraged to continue their efforts in
this field and to brief the Committees on the status not later
than 90 days after the date of enactment of this Act.

University Programs

The Committee recommends $40,500,000 for University
Programs, $10,776,000 above the amount requested and the same
as the amount provided in fiscal year 2017. The recommendation
restores the proposed cuts to University Programs to ensure
S&T's ability to maintain 10 Centers of Excellence. The
Committee encourages S&T to prioritize collaborations with
research universities to support research in critical homeland
security topics, including border security, cybersecurity,
supply chain defense, biological threats, animal defense,
modeling and simulation, and first responder safety.

Domestic Nuclear Detection Office

Appropriation, fiscal year 2017....................... $352,484,000
Budget request, fiscal year 2018...................... 330,440,000
Recommended in the bill............................... 330,440,000
Bill compared with:
Appropriation, fiscal year 2017................... -22,044,000
Budget request, fiscal year 2018.................. - - -

Mission

The mission of the Domestic Nuclear Detection Office is to
prevent nuclear terrorism by continuously improving
capabilities to deter, detect, respond to, and attribute
attacks, in coordination with domestic and international
partners.

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2017....................... $50,042,000
Budget request, fiscal year 2018...................... 54,664,000
Recommended in the bill............................... 54,664,000
Bill compared with:
Appropriation, fiscal year 2017................... +4,622,000
Budget request, fiscal year 2018.................. - - -

The Operations and Support (O&S) appropriation supports the
day-to-day operation and maintenance of the organization,
including, but not limited to, salaries, services, supplies,
utilities, travel, training, and transportation, as well as
minor procurement, construction, and improvement projects.

Recommendation

As requested, the Committee recommends $54,664,000 for O&S,
$4,622,000 above the amount provided in fiscal year 2017.

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2017....................... $101,053,000
Budget request, fiscal year 2018...................... 87,096,000
Recommended in the bill............................... 87,096,000
Bill compared with:
Appropriation, fiscal year 2017................... -13,957,000
Budget request, fiscal year 2018.................. - - -

Procurement, Construction, and Improvements (PC&I) provides
funds necessary for the planning, operational development,
engineering, and purchase of one or more assets prior to
sustainment.

Recommendation

As requested, the Committee recommends $87,096,000 for
PC&I, $13,957,000 below the amount provided in fiscal year
2017.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:

------------------------------------------------------------------------
Budget request Recommendation
------------------------------------------------------------------------
Procurement, Construction, and
Improvements
Large Scale Detection Systems. $62,524,000 $62,524,000
Human Portable Radiation/ 24,572,000 24,572,000
Nuclear Detection Systems....
-------------------------------------
Subtotal, Procurement, $87,096,000 $87,096,000
Construction, and
Improvements.............
------------------------------------------------------------------------

RESEARCH AND DEVELOPMENT

Appropriation, fiscal year 2017....................... $155,061,000
Budget request, fiscal year 2018...................... 144,161,000
Recommended in the bill............................... 144,161,000
Bill compared with:
Appropriation, fiscal year 2017................... -10,900,000
Budget request, fiscal year 2018.................. - - -

The Research and Development (R&D) appropriation supports
fundamental knowledge discovery, basic and applied research,
technology and systems development leading to product
acquisition, test and evaluation, and associated costs.

Recommendation

As requested, the Committee recommends $144,161,000 for
R&D, $10,900,000 below the amount provided in fiscal year 2017.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:

------------------------------------------------------------------------
Budget request Recommendation
------------------------------------------------------------------------
Research and Development
Architecture Planning and $15,937,000 $15,937,000
Analysis.....................
Transformational Research and 60,581,000 60,581,000
Development..................
Detection Capability 15,155,000 15,155,000
Development..................
Detection Capability 34,127,000 34,127,000
Assessments..................
Nuclear Forensics............. 18,361,000 18,361,000
-------------------------------------
Total, Research and $144,161,000 $144,161,000
Development..............
------------------------------------------------------------------------

FEDERAL ASSISTANCE

Appropriation, fiscal year 2017....................... $46,328,000
Budget request, fiscal year 2018...................... 44,519,000
Recommended in the bill............................... 44,519,000
Bill compared with:
Appropriation, fiscal year 2017................... -1,809,000
Budget request, fiscal year 2018.................. - - -

The Federal Assistance (FA) appropriation supports
integration and outreach efforts necessary to ensure that
federal, state, local, tribal, and territorial (FSLTT) partners
have access to and the knowledge of how to leverage available
resources to support the radiological/nuclear detection
mission. It also helps ensure that radiological/nuclear
detection equipment deployed by FSLTT partners are accompanied
by the appropriate concepts of operations, training, exercises,
and radiological/nuclear alarm response protocols.

Recommendation

As requested, the Committee recommends $44,519,000 for FA,
$1,809,000 below the amount provided in fiscal year 2017.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:

------------------------------------------------------------------------
Budget request Recommendation
------------------------------------------------------------------------
Federal Assistance
Federal, State, Local, $23,384,000 $23,384,000
Territorial, and Tribal
Support......................
Securing the Cities........... 21,135,000 21,135,000
-------------------------------------
Total, Federal Assistance. $44,519,000 $44,519,000
------------------------------------------------------------------------

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 2018.
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 and modifies 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.

TITLE V--GENERAL PROVISIONS--THIS ACT

(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

Section 501. The Committee continues a provision limiting
the availability of appropriations to one year unless otherwise
expressly provided.
Section 502. The Committee continues a provision providing
that unexpended balances of prior year appropriations may be
merged with new appropriation accounts and used for the same
purpose, subject to reprogramming guidelines.
Section 503. The Committee continues and modifies a
provision limiting 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, 2017. 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 a provision by
reference 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 2018 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 a provision providing
that not to exceed 50 percent of unobligated balances from
prior year appropriations for each Operations and Support
appropriation, the Coast Guard's Operating Expenses
appropriation, and amounts for salaries and expenses in the
Coast Guard's Reserve Training and Acquisition, Construction,
and Improvements accounts, shall remain available through
fiscal year 2019, subject to section 503 reprogramming
requirements.
Section 506. The Committee continues a provision that deems
intelligence activities to be specifically authorized during
fiscal year 2018 until the enactment of an Act authorizing
intelligence activities for fiscal year 2018.
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 by
reference that prohibits funding for any position designated as
a Principal Federal Official during a Stafford Act declared
disaster or emergency.
Section 514. The Committee continues a provision
prohibiting funds for planning, testing, piloting, or
developing a national identification card.
Section 515. The Committee continues a provision directing
that any official required by this Act to report or certify to
the Committees on Appropriations may not delegate such
authority unless expressly authorized to do so in this Act.
Section 516. The Committee continues a provision
prohibiting the use of funds for the transfer or release of
individuals detained at United States Naval Station, Guantanamo
Bay, Cuba into or within the United States.
Section 517. The Committee continues a provision
prohibiting funds in this Act to be used for first-class
travel.
Section 518. The Committee continues a provision
prohibiting the use of funds to employ illegal workers as
described in Section 274A(h)(3) of the Immigration and
Nationality Act.
Section 519. The Committee continues a provision
prohibiting funds appropriated or otherwise made available by
this Act to pay for award or incentive fees for contractors
with below satisfactory performance or performance that fails
to meet the basic requirements of the contract.
Section 520. The Committee continues a provision
prohibiting the use of funds to enter into a federal contract
unless the contract meets requirements of the Federal Property
and Administrative Services Act of 1949 or chapter 137 of title
10 U.S.C., and the Federal Acquisition Regulation, unless the
contract is otherwise authorized by statute without regard to
this section.
Section 521. The Committee continues and modifies a
provision providing $42,233,000 for financial systems
modernization activities.
Section 522. The Committee continues a provision requiring
DHS computer systems to block electronic access to pornography,
except for law enforcement purposes.
Section 523. The Committee continues a provision regarding
the transfer of firearms by federal law enforcement personnel.
Section 524. The Committee continues a provision regarding
funding restrictions and reporting requirements related to
conferences occurring outside of the United States.
Section 525. The Committee continues a provision
prohibiting funds to reimburse any federal department or agency
for its participation in a National Special Security Event.
Section 526. 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 527. 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 528. The Committee continues a provision
authorizing minor procurement, construction, and improvements
under Operations and Support appropriations, as specified.
Section 529. The Committee continues a provision related to
the Arms Trade Treaty.
Section 530. The Committee includes a new 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 where Department
of Defense schools are unavailable and public schools available
do not adequately meet education requirements.
Section 531. The Committee continues and modifies a
provision rescinding unobligated balances from specified
programs.
Section 532. The Committee continues a provision rescinding
specified funds from the Treasury Forfeiture Fund.
Section 533. The Committee continues and modifies a
provision rescinding unobligated balances from the FEMA DRF.
Section 534. The Committee includes a provision allowing
the Department to designate ports of entry.
Section 535. The Committee includes a provision prohibiting
ICE from paying for abortions except in certain circumstances.
Section 536. The Committee includes a provision prohibiting
ICE from requiring any person to perform an abortion.
Section 537. The Committee includes a provision to clarify
ICE's obligation to provide escort services outside the
detention facility.
Section 538. The Committee includes a provision regarding
the H-2A seasonal agriculture worker program.
Section 539. The Committee includes a provision granting
lawful permanent resident status in the U.S. to Charlie Gard
and his family for the purposes of medical treatment.
Section 540. The Committee includes a provision changing
the statute of limitations for the recovery of FEMA Public
Assistance Grants.
Section 541. The Committee includes a Spending Reduction
Account, as required in House of Representatives Rules.

APPROPRIATIONS CAN BE USED ONLY FOR THE PURPOSES FOR WHICH MADE

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

HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS

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

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII 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

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
Account / Activity Rescissions
TSA, Operations and Support (P.L. 115-31)....................$12,928,000
Coast Guard, Alteration of Bridges (P.L. 108-334)............. 1,786,000
Coast Guard, Alteration of Bridges (P.L. 109-90).............. 1,920,000
Coast Guard, Alteration of Bridges (P.L. 109-295)............. 1,791,000
Coast Guard, Alteration of Bridges (P.L. 110-161)............. 3,222,000
Coast Guard, Alteration of Bridges (P.L. 111-83).............. 3,681,000
Coast Guard, AC&I (P.L. 114-113)..............................25,000,000
Coast Guard, AC&I (P.L. 115-31)...............................95,000,000
Treasury Asset Forfeiture Fund...............................187,000,000
FEMA, Disaster Relief Fund...................................875,575,000

TRANSFER OF FUNDS

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

DISCLOSURE OF EARMARKS AND CONGRESSIONAL DIRECTED SPENDING ITEMS

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

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

In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (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):

ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT

* * * * * * *

TITLE VII--MISCELLANEOUS

* * * * * * *

SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.

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

* * * * * * *

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

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

TITLE I--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 reception and representation expenses.

Management Directorate

OPERATIONS AND SUPPORT

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

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
representation expenses, and provides two-year availability of
funds for certain activities.

Office of Inspector General

OPERATIONS AND SUPPORT

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

Administrative Provisions

Language requiring the Secretary to submit the Future Years
Homeland Security Program at the same time as the President's
budget proposal.
Language requiring the Chief Financial Officer to submit
monthly budget execution and staffing reports within 30 days
after the close of each month.
Language regarding grants or contracts awarded by means
other than full and open competition and requires the Inspector
General to review them and report the results to the
Committees.
Language requiring the Secretary to link 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, 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 reception and
representation expenses, salaries and benefits of operational
and mission support personnel, and the operation and
maintenance necessary to sustain the daily effectiveness of
equipment and facilities. The Committee includes language
making funds available for the civil enforcement of immigration
and customs laws, including the detention and removal of
immigration status violators; special operations; for
compensation to informants; for the reimbursement of other
Federal agencies for certain costs; for the purchase or lease
of vehicles; for maintenance, minor construction, and minor
improvements of owned and leased facilities; and for the
enforcement of child labor laws. 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 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

OPERATING EXPENSES

The Committee language providing funds for the operations
and maintenance of the Coast Guard, including passenger motor
vehicles; small boats; repairs and service life-replacements;
purchase, lease, or improvement of other equipment; minor shore
construction projects; recreation and welfare; defense-related
activities; and the Oil Spill Liability Trust Fund. The
Committee also includes language on reception and
representation expenses.

ENVIRONMENTAL COMPLIANCE AND RESTORATION

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

RESERVE TRAINING

The Committee includes language providing funds for the
Coast Guard Reserve, including maintenance and operation of the
Reserve Program; personnel and training costs; and equipment
and services.

ACQUISITIONS, CONSTRUCTION, AND IMPROVEMENTS

The Committee includes language providing funds for the
Coast Guard acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels,
and aircraft.

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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

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; the hire of passenger motor vehicles;
aircraft; purchase of motorcycles; rental of certain buildings;
improvements to buildings as may be necessary for protective
missions; firearms matches; presentation of awards; research;
advance payment for commercial accommodations; per diem and
subsistence allowances; official reception and representation
expenses; technical assistance and equipment 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 improvement of facilities.

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 the transfer of aircraft and related equipment out
of CBP unless certain conditions are met.
Language regarding the availability of COBRA fee revenue.
Language allowing CBP access to certain reimbursements for
preclearance activities.
Language regarding the importation of prescription drugs by
an individual for personal use.
Language regarding waivers of the Jones Act.
Language prohibiting funds from being used by DHS to
approve, license, facilitate, authorize, or allow the
trafficking or import of property confiscated by the Cuban
Government.
Language allowing the Secretary to reprogram funds within
and transfer funds to ``U.S. Immigration and Customs
Enforcement--Operations and Support'' to ensure the detention
of aliens prioritized for removal.
Language prohibiting the use of funds provided under the
heading ``U.S. Immigration and Customs Enforcement--Operations
and Support'' for the 287(g) program if the terms of the
agreement governing the delegation of authority have been
materially violated.
Language prohibiting the use of funds provided under the
heading ``U.S. Immigration and Customs Enforcement--Operations
and Support'' to contract for detention services if the
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 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--Operating Expenses'' 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--
Operating Expenses''.
Language allowing the Secret Service to obligate funds in
anticipation of reimbursement for personnel receiving training.
Language prohibiting funds made available to the Secret
Service for the protection of the head of a federal agency
other than the Secretary of Homeland Security, except where the
Director has entered into 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.

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 reception and
representation expenses. The Committee provides for two-year
availability of funds for certain activities.

FEDERAL PROTECTIVE SERVICE

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

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

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

RESEARCH AND DEVELOPMENT

The Committee includes language providing funds for
research and development.

Office of Health Affairs

OPERATIONS AND SUPPORT

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

Federal Emergency Management Agency

OPERATIONS AND SUPPORT

The Committee includes language providing funds for
operations and support.

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

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

FEDERAL ASSISTANCE

The Committee includes language 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, and
education, training, exercises, 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 limiting operating expenses,
commissions and taxes of agents, interest on Treasury
borrowings, 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, and language providing that not to exceed four
percent of the total appropriation is available for
administrative cost and that funds are available for the Flood
Insurance Advocate.

Administrative Provisions

Language limiting expenses for administration of grants.
Language specifying timeframes for grant applications and
awards.
Language requires five day advance notification for certain
grant awards under ``FEMA--Federal Assistance''.
Language that addresses the availability of certain grant
funds for the installation of communications towers.
Language allowing reimbursements for the costs of providing
humanitarian relief to unaccompanied alien children and to
alien adults and their minor children to be an eligible use for
certain Homeland Security grants.
Language providing for the receipt and expenditure of fees
collected for the Radiological Emergency Preparedness Program,
as authorized by Public Law 105-276.

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 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 for the Science and Technology
Directorate. The Committee provides two-year availability of
funds for certain activities.

RESEARCH AND DEVELOPMENT

The Committee includes language providing funds for
research and development.

Domestic Nuclear Detection Office

OPERATIONS AND SUPPORT

The Committee includes language providing funds for
operations and support for the Domestic Nuclear Detection
Office.

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

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

RESEARCH AND DEVELOPMENT

The Committee includes language providing funds for
research and development.

FEDERAL ASSISTANCE

The Committee includes language providing funds for 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 2018.
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 the ``Federal Law Enforcement
Training Centers--Procurement, Construction, and Improvements''
appropriation, and allowing for the acceptance of transfers
from government agencies into this appropriation.
Language classifying FLETC instructor staff as inherently
governmental for certain considerations.

TITLE V--GENERAL PROVISIONS

Language limiting the availability of appropriations to one
year unless otherwise expressly provided.
Language that unexpended balances of prior year
appropriations may be merged with new appropriation accounts
and used for the same purpose, subject to reprogramming
guidelines.
Language limiting authority to reprogram funds within an
appropriation above a specified threshold unless the Department
provides notification to the Committees on Appropriations 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 2018 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, the Coast Guard's
Operating Expenses appropriation, and amounts for salaries and
expenses in the Coast Guard's Reserve Training and Acquisition,
Construction, and Improvements accounts, shall remain available
through fiscal year 2019, subject to section 503 reprogramming
requirements.
Language that deems intelligence activities to be
specifically authorized during fiscal year 2018 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2018.
Language requiring notification to the Committees at least
three days before DHS executes or announces grant allocations;
grant awards; contract awards, including contracts covered by
the Federal Acquisition Regulation; other transaction
agreements; letters of intent; a task or delivery order on
multiple award contracts totaling $1,000,000 or more; a task or
delivery order greater than $10,000,000 from multi-year funds;
or sole-source grant awards. Notifications shall include a
description of projects or activities to be funded and their
location, including city, county, and state.
Language prohibiting all agencies from purchasing,
constructing, or leasing additional facilities for federal law
enforcement training without advance notification to the
Committees.
Language prohibiting the use of funds for any construction,
repair, alteration, or acquisition project for which a
prospectus, if required under chapter 33 of title 40, United
States Code, has not been approved.
Language that consolidates by reference prior-year
statutory provisions related to a contracting officer's
technical representative training; sensitive security
information; and the use of funds in conformance with section
303 of the Energy Policy Act of 1992.
Language prohibiting the use of funds in contravention of
the Buy American Act.
Language prohibiting the use of funds to amend the oath of
allegiance required by section 337 of the Immigration and
Nationality Act.
Language that prohibits funding for any position designated
as a Principal Federal Official during a Stafford Act declared
disaster or emergency.
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 providing $42,233,000 for financial systems
modernization activities.
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 in
territories where Department of Defense schools are unavailable
and public schools available do not adequately meet education
requirements.
Language rescinding unobligated balances from specified
programs.
Language rescinding specified funds from the Treasury
Forfeiture Fund.
Language rescinding unobligated balances from the FEMA DRF.
Language allowing the Department to designate ports of
entry.
Language prohibiting ICE from paying for abortions except
in certain circumstances.
Language prohibiting ICE from requiring any person to
perform an abortion.
Language clarifying ICE's obligation to provide escort
services outside the detention facility.
Language regarding the H-2A seasonal agriculture worker
program.
Language granting lawful permanent resident status in the
U.S. to Charlie Gard and his family for the purposes of medical
treatment.
Language changing the statute of limitations for the
recovery of FEMA Public Assistance Grants.
Language specifying the amount by which new budget
authority in the bill is less than the fiscal year 2017 budget
allocation.

APPROPRIATIONS NOT AUTHORIZED BY LAW

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

COMPARISON WITH BUDGET RESOLUTION

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

[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) allocation This bill
---------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
General purpose discretionary............................... 44,328 48,500 44,328 \1\48,347
Disaster designation\2\................................. 6,793 340 6,793 340
Mandatory................................................... 1,673 1,666 1,673 1,666
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior year authority.
\2\The bill includes amounts designated for disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985. Such amounts are a permissable adjustment authorized by that
Act as well as allowed for by the Congressional Budget Act of 1974.

FIVE YEAR OUTLAY PROJECTIONS

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

Millions

Outlays:
2018......................................... \1\31,266
2019......................................... 8,588
2020......................................... 5,777
2021......................................... 1,970
2022......................................... 4,442

\1\Excludes outlays from prior year authority.

ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

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

Millions

Budget Authority............................... 3,049
Fiscal Year 2018 outlays resulting therefrom... \1\404

\1\Excludes outlays from prior year authority.

PROGRAM DUPLICATION

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

DIRECTED RULE MAKING

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

DETAILED EXPLANATIONS IN REPORT

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

MINORITY VIEWS

The allocation for the fiscal year 2018 Homeland Security
Appropriations bill is $44,328,000,000, an increase of
$1,920,000,000 above the fiscal year 2017 bill. This 4.5
percent increase contrasts with the cuts sustained in other
Non-Defense appropriations bills. Such a large relative
increase for the Homeland bill underscores the need for the
Appropriations Committee to ensure that taxpayer dollars are
allocated wisely, based on careful prioritization, substantive
justification, and a clear nexus to the security of the nation.
Unfortunately, the major funding increases in the bill fail to
meet those criteria.

FUNDING PRIORITIES

On the positive side, the bill addresses several bipartisan
and Democratic priorities, including maintaining the current
funding levels for first responder and anti-terrorism grants;
doubling the Non-profit Security Grant Program from $25,000,000
to $50,000,000; and maintaining funding for flood mapping and
the Emergency Food and Shelter Program. It also provides a
targeted increase for the Office for Civil Rights and Civil
Liberties for continued oversight of immigration enforcement
and DHS partnerships with state and local law enforcement
agencies, and for other priority oversight areas. In addition,
the bill continues the Cybersecurity Internship Program;
increases funding above the request for new Coast Guard assets;
provides additional funding for ICE investigations into child
exploitation; and restores funding for Science and Technology
Centers of Excellence.

IMMIGRATION ENFORCEMENT

While there is much in this bill that Democrats can
support, the new administration has significantly changed the
dynamic on immigration enforcement. The unfortunate result is
that we cannot in good conscience support this year's bill in
its current form.
Alarmingly, the bill provides a $705,000,000 increase for
immigration enforcement in the interior of the United States,
including an average daily population in detention of 44,000
detention beds, an increase of 4,676 from the current year and
10,000 above fiscal year 2016. The increase would also support
the hiring of 1,000 additional U.S. Immigration and Customs
Enforcement (ICE) officers and agents who would be focused
primarily on interior enforcement.
The Trump 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 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.
The result so far has been a 157 percent increase in ICE's
interior arrests of non-criminals compared to last year. These
arrests are not required for national security or public
safety, and have tragic consequences for individuals, families,
and communities all over this country. Many in law enforcement
tell us people are afraid to report serious crimes, including
acts of domestic violence, and they are less willing to come
forward as witnesses to crimes. Teachers tell us that immigrant
and U.S. Citizen children alike are afraid to go to school, or
to just go out and play, for fear their parents will be gone
when they return home. The trauma that is being inflicted on
entire communities throughout our country cannot be overstated.
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 in the House 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
The Committee majority rejected an amendment that would
have cut the $705,000,000 increase proposed in the bill for ICE
interior immigration enforcement, reallocating $543,000,000 to
hiring an additional 2,310 CBP officers and $161,500,000
million for enhanced ICE investigations into human trafficking,
child exploitation, intellectual property, financial, and
narcotics violations, and national security investigations. By
adopting this amendment, the Committee could have prioritized
criminal investigations, border security, and the facilitation
of trade and travel over civil immigration enforcement that is
far more aggressive than necessary.

BORDER INFRASTRUCTURE

Another area of great concern is the $1.6 billion in the
bill for new border infrastructure. The fiscal year 2017
funding bill required the Secretary to submit a risk-based plan
for improving security along the border, but we have yet to
receive that plan. The Committee should not even consider such
significant new investments without a comprehensive plan backed
by clear justification that warrants the enormous cost.
The truth is that the President's malignant rhetoric on
immigration has poisoned the waters on this issue, making it
near difficult to reach practical consensus. We simply cannot
support throwing scarce taxpayer dollars at one of the
President's misguided campaign promises.

UNMET FUNDING PRIORITIES

Instead of unjustified investments in border infrastructure
and the expansion of overly aggressive immigration enforcement,
we should be investing more of our limited resources in cyber
security, human trafficking investigations, and Coast Guard
vessels and aircraft, because currently our drug interdiction
efforts intercept only a fraction of the drugs that are being
trafficked in the Caribbean Sea and Eastern Pacific Ocean. We
should be investing much 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.

CYBERSECURITY

Unfortunately, the funding level for government-wide
cybersecurity activities and acquisitions is underfunded in the
bill by at least $28 million, a direct result of the
subcommittee's limited allocation for Defense function
programs. To ensure that upgrades to federal cyber networks are
deployed on time and that the National Protection and Programs
Directorate has the capacity to respond to cyber threats, the
subcommittee's Defense function will need to match the funding
request, at a minimum, before the bill is enacted into law.

SCIENCE AND TECHNOLOGY

While the bill restores proposed funding cuts to University
Centers of Excellence, it adopts the proposed $87,000,000 cut
from Research, Development, and Innovation at the Science and
Technology Directorate (S&T), along with the proposed
$42,000,000 cut to Laboratory Facilities. Fortunately, the
manager's amendment adopted by the Committee includes report
language directing the Department to provide better
justification for the proposed elimination of three established
S&T laboratories, and directs S&T to refrain from taking steps
to close the labs pending the enactment of final fiscal year
2018 appropriations legislation.

COAST GUARD ICEBREAKERS

An amendment offered during Committee consideration of the
bill would have redirected $2,300,000,000 from border
infrastructure and ICE immigration enforcement to the Coast
Guard's polar icebreaker acquisition program. The proposed new
border infrastructure has not been justified and the bill's
recommended increases for ICE hiring and detention beds do not
have a security focus. In contrast, the need for heavy
icebreakers is very well documented and focused on national
security. A draft report from the National Academy of Sciences
(NAS) released just last week, warned that,

``The United States has insufficient assets to
protect its interests, implement U.S. policy, execute
its laws, and meet its obligations in the Arctic and
Antarctic because it lacks adequate icebreaking
capability.''

This is because the Coast Guard currently has only one
functioning heavy icebreaker, the Polar Star, which was built
in 1976 and is well past its 30-year expected operational life.
It is no longer reliable, and the cost to maintain it will
continue to rise. At this point, its primary mission is to
clear a path through the ice to our research facilities in
Antarctica, which means that the only icebreaking asset we have
in the Arctic is the Healy, the Coast Guard's only medium class
icebreaker. The Polar Star is expected to continue functioning
for just three to seven years--leaving the United States with
no heavy icebreaking capability.
Given that Russia has 41 icebreakers focused on the Arctic
that are active or under construction, four of which are heavy
icebreakers, we are falling farther and farther behind. This
puts the United States at a tremendous disadvantage since we
are unable to operate in parts of the Arctic Ocean for months
at a time. The National Academy report goes on to recommend
that,

``The United States Congress should fund the
construction of four polar icebreakers of common design
that would be owned and operated by the United States
Coast Guard.''

The fiscal year 2017 Defense funding bill included
$150,000,000 as a down payment on what is expected to be nearly
a $1,000,000,000 price tag for the first ship. However the
National Defense Authorization Act for fiscal year 2018 the
House recently passed includes a provision prohibiting the
Pentagon from using any fiscal year 2018 funds to acquire an
icebreaker for the Coast Guard; an amendment to strike that
provision failed on a recorded vote.
The solution is to fund the remaining cost of acquiring
heavy icebreakers directly through the Coast Guard budget.
While the Coast Guard plans to sign an acquisition contract in
fiscal year 2019, it will release a Request for Proposals in
fiscal year 2018. Having the funds in hand during the
solicitation process would help the Coast Guard get a better
deal on the cost of the needed icebreakers.
Combined with the $150,000,000 appropriated in fiscal year
2017, this amendment would have made available a total of
$2,450,000,000, approximately enough to cover the cost of three
heavy icebreakers. According to the NAS report, acquiring three
ships at one time would likely save the government nearly $160
million per vessel. With this one amendment, the Committee
could have put the United States on a path to securing our
sovereign interests in the Arctic region. Instead, the
amendment was defeated on a party-line vote.

DHS HEADQUARTERS CONSOLIDATION

Consistent with the request, the bill fails to provide
funding for the DHS headquarters consolidation project under
construction on the St. Elizabeths campus in Southeast
Washington, DC. In 2015, the Department revised its plan for
St. Elizabeths to consolidate the footprint, reduce costs, and
accelerate the construction schedule. We have passed the point
of no return on this project. In fact, we are now at the phase
that would lead to the most savings by allowing components to
move from expensive, leased spaces to the new consolidated
headquarters campus. On both fiscal grounds and to improve the
cohesiveness of DHS operations, we must continue to make
progress on the headquarters project.

AVAILABILITY OF REPRODUCTIVE HEALTH SERVICES FOR WOMEN

Over strong Democratic objections, the Committee once again
adopted an unnecessary amendment regarding the availability of
reproductive health services for women detained by ICE. These
restrictions on the use of federal funds for abortion
procedures are already applicable to ICE and the Department of
Homeland Security and are specifically formalized in Part 4.4
of ICE's 2011 Performance Based National Detention Standards.
While many of us believe that those restrictions are
excessive and unnecessary, we fail to see the point of
interjecting this divisive issue into a Homeland Security
funding bill.
Before a similar amendment was offered five years ago, this
bill had never touched on the topic of abortion because it is
not relevant to the Department of Homeland Security and falls
far outside the lines of jurisdiction of the Subcommittee. We
will continue to work to remove the amendment's unnecessary
provisions from the bill.

DREAMERS

We were highly disappointed by the failure of the Committee
to adopt an amendment to give the Department the authority to
continue the Deferred Action for Childhood Arrivals program
(DACA), which failed on a party-line vote. Although we are
confident that the Secretary implicitly has such authority
today, the amendment would have made it explicit.
DACA provides an official way for young people who were
brought to this country as children--also known as Dreamers--to
continue living here, in the only home they know or remember.
It allows them to continue their studies and work legally in
the economy. To be eligible, they must have clean records
verified by background checks.
The President said he will be the one to decide if DACA
continues, but the threat of court challenges by some states
has called into question whether that will ultimately be the
case. This amendment would simply make clear that the President
has the authority to continue the program if he chooses to do
so.
When DACA participants first signed up for the program, it
was an opportunity to come out of the shadows, to put anxieties
of the past behind them and focus on the future. It would be
the very definition of cruelty to take that away from them now.
Yet not a single member of the majority voted for this simple,
straightforward amendment.
Much of the stated opposition to the amendment during
Committee debate was that it intruded into the jurisdiction of
the Judiciary Committee. Aside from the fact that the Committee
readily adopted other authorizing provisions in the manager's
amendment and as individual amendments, a follow-up amendment
on DACA by Mr. Aguilar, offered in the form of a funding
limitation and well within the jurisdiction of the
Appropriations Committee, also failed to garner a majority of
the votes.
The truth is that the Committee regularly agrees to include
authorizing provisions that have bipartisan support in
Appropriations bills when members find the justification for
them compelling. We can think of nothing more compelling than
helping these Dreamers who find themselves in such dire
circumstances through no fault of their own

CONCLUSION

In closing, we want to extend our appreciation for the
efforts of the subcommittee Chairman and his staff to work with
the minority throughout the development of this bill.
Consistent with prior years, the Chairman has carried out his
responsibilities honorably, fairly, and collaboratively. Even
when we must disagree, we do it with respect for one another
and respect for the institution in which we are honored to
serve.
Nita M. Lowey.
Lucille Roybal-Allard.

[all]