Congressional Record, Volume 161 Issue 6 (Tuesday, January 13, 2015)

[Congressional Record Volume 161, Number 6 (Tuesday, January 13, 2015)]
[House]
[Pages H272-H331]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2015

General Leave

Mr. CARTER of Texas. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on H.R. 240 and that I may
include tabular material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?

[[Page H273]]

There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 27 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 240.
The Chair appoints the gentleman from Illinois (Mr. Hultgren) to
preside over the Committee of the Whole.

{time} 1732

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 240) making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2015, and for other
purposes, with Mr. Hultgren in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from Texas (Mr. Carter) and the gentlewoman from New
York (Mrs. Lowey) each will control 60 minutes.
The Chair recognizes the gentleman from Texas.
Mr. CARTER of Texas. Mr. Chairman, I yield myself such time as I may
consume.
Today, I am privileged to present to the House this bipartisan-
bicameral agreement providing appropriations to the Department of
Homeland Security, DHS, for fiscal year 2015.
Before I describe the details of this agreement, I want to thank
everyone who has worked on this bill here today because, despite its
importance to national security and public safety, its path to the
floor has been far from certain.
First, to the Speaker and majority leader and your staffs, thank you
for doing what is necessary to get this bill to this stage of the
legislative process.
To Mr. Rogers and the full committee staff, thanks for fighting for
this bill. It wouldn't be on the floor without you.
To the House and Senate subcommittee staffs and to my personal
staff--Darek Newby, Kris Mallard, Cornell Teague, Laura Cylke, Anne
Wake, Steve Gilleland, Bill Zito, Jonas Miller, and Val Baldwin--thank
you for your advice and counsel in crafting this agreement. Your work
takes you away from home and from your families, and I appreciate your
efforts.
Finally, to the Honorable David Price, who is the ranking member of
the subcommittee, much thanks to David. Our partnership is critical to
this bill's success. His experience and measured approach makes this
agreement even better.
Thank you, David, for your service and, more importantly, for your
friendship.
As everyone knows, several amendments will be proposed to stop the
President's recent executive actions on immigration. I plan to vote for
these amendments because, like many Americans, I believe the
President's actions exceed the authority provided to the Executive in
the Constitution.
We need to have this debate, but after all of the arguments have been
presented, the underlying appropriations bill must be enacted because
it is critical to the Nation's security and to public safety.
Mr. Chairman, last week, we watched a terrible tragedy unfold in
Paris as armed terrorists killed innocent French citizens who were
doing nothing more than going about their daily lives. Like 9/11, this
event and others that have occurred this year remind us that our
democratic values are under constant attack, and they serve as a
warning that we must remain vigilant.
Make no mistake, what happened in Paris can happen anywhere,
including in the United States, and we must provide the resources
necessary to find and to root out the seeds of terrorism. Therefore,
passing the Homeland Security Appropriations bill is an imperative we
cannot fail to meet.
Mr. Chairman, this agreement is very good, and I am proud of it. It
supports DHS' frontline personnel and its essential security operations
and maintains fiscal discipline.
Specifically, for Customs and Border Protection: this agreement adds
$42 million above the request to assure the 24/7 surveillance of all
land, sea, and air approaches; it increases air and marine flight hours
from 74,000 to 95,000 per year; this agreement fully funds 23,775 CBP
officers to continue efforts to reduce the wait times of passengers
arriving at the Nation's international airports without resorting to
burdensome user fees as proposed by the President; funds are included
for 21,370 Border Patrol agents, the highest operational force in DHS
history; funds for tactical communications equipment and border
security technology are increased by $20 million above the request;
substantial increases are included for targeting systems and data
analysis to support counterterrorism efforts.

For Immigration and Customs Enforcement: custody and deportation
operations are increased by $862 million above the request to ensure
the full funding of 34,000 legislatively-mandated detention beds and to
detain, deport, and deter the influx of families and children illegally
crossing the southwest border. Included in this amount are 3,732 new
family detention units to deter the illegal migration of families. Also
included are 207 new enforcement officers to expedite the process of
returning illegal immigrants to their countries of origin.
ICE's investigative capability is increased by $82.4 million over the
request, which will result in more convictions of child pornographers,
drug smugglers, human traffickers, and other criminals; full funding is
provided for E-Verify and all existing 287(g) agreements.
For the Transportation Security Administration: TSA screeners are
capped at 45,000--1,000 below last year's level; privatized screening
is increased by $12.1 million over the request; funds are reduced from
TSA's current request and prior year balances, saving the taxpayers
almost $300 million.
For the U.S. Coast Guard: operational hours in critical source and
transit zones are increased by $16.7 million over the request; depot
level maintenance, which is crucial for the Coast Guard's readiness, is
increased by $52.7 million over the request; the eighth National
Security Cutter is fully funded; and $95 million over the request is
added for an additional C-130J aircraft.
For the United States Secret Service: $25 million in additional funds
are provided to address training shortfalls highlighted by the White
House fence jumper and to enhance perimeter security, including for
additional K-9 teams.
For the National Protection and Programs Directorate: funds are
provided so DHS can effectively manage the collection of biometrics and
protect and enhance the resilience of the Nation's physical and cyber
infrastructure.
For the Federal Emergency Management Agency: $7 billion is provided
to fully fund operational needs for disaster relief; first responder
grants are increased by $300 million above the President's request to
sustain funding for State and local grants, firefighter assistance
grants, and Emergency Management Performance Grants.
For Science and Technology: $23.7 million above the request is
provided for vital research efforts, including biological defense,
cybersecurity, border security, and first responder technology; $300
million is included to complete the construction of the National Bio
and Agro-Defense Facility.
Finally, this agreement provides absolutely no discretionary funds or
mandatory funds to implement the President's executive actions on
immigration.
As you know, the costs of processing immigration applications are
paid entirely by individual applicants when they submit their
supporting documentation. Fees from those transactions are collected in
a specific amount in the Treasury, as mandated by the Immigration and
Nationality Act.
The hard-earned income of American taxpayers does not subsidize the
costs of immigration applications, and the spending bill under
consideration today has no funding for these purposes.
In closing, Mr. Chairman, this Homeland Security bill meets the
security needs of our Nation and the fiscal stewardship expected by the
taxpayers. I believe it is worthy of every Member's vote, and I urge my
colleagues to support it.
I reserve the balance of my time.
Mrs. LOWEY. Mr. Chairman, I yield myself such time as I may consume.
At the outset, I want to thank Chairman Carter and Ranking Member

[[Page H274]]

Price for their very hard work in putting the original bill together,
which was negotiated by the House and the Senate and could be law right
now.
As my colleagues are aware, our committee has not officially
organized for the new Congress, which means we technically do not yet
have a ranking minority member for the Department of Homeland Security
Appropriations Subcommittee.
Again, I want to say to my colleagues that we could have completed
action on this bill in the last Congress with the other 11
appropriations bills considered in the omnibus package. Unfortunately,
the House majority kicked the can down the road and put these important
programs under a continuing resolution in a misguided attempt to
protest the President's executive order on immigration.
Today, instead of putting a clean bill on the floor, my majority
colleagues have decided to further inject partisan politics into the
appropriations process. We all know the outcome of this very dangerous
game. The legislation in this form will not be enacted.
All we are doing is further delaying the enactment of a very good
full-year bill. I am deeply disappointed that Republicans insist on
making Congress play out this farce at the expense of our Nation's
security. It has taken less than 2 weeks for the Republican Congress to
prove that it cannot govern responsibly.
The Republican majority has already delayed this bill enough. With
more than a quarter of this fiscal year already gone, we continue to
play games with the funding for an agency that was created to protect
the Nation from terrorist attacks.

{time} 1745

Last week, terrorists brutally murdered 12 people at the office of a
French satirical magazine, a police officer, and four individuals at a
kosher grocery store. That is a tragic example of the kind of out-of-
the-blue attack that the Department of Homeland Security, along with
its other law enforcement partners, is working hard to prevent here in
the United States.
Partisan games on immigration will delay grants to States and major
urban areas, funding that is critical for supporting local first
responders in our defense against homegrown terrorism and for fusion
centers, where the Department of Homeland Security gathers, shares, and
analyzes threat information with its State and local law enforcement
partners.
The failure to enact a full-year bill will slow down efforts for the
Secret Service to begin addressing problems with security at the White
House.
The Department will be limited in its ability to move forward with
the Secretary's Unity of Effort initiative to make the Department more
strategic and improve coordination among its components.
Resources to detain truly dangerous criminal aliens and to manage
another rapid influx of unaccompanied children and families across the
southwest border are in jeopardy.
Acquisition of the final National Security Cutter and other Coast
Guard assets will be delayed, as will construction of the National Bio
and Agro-Defense Facility.
Mr. Chairman, I urge my Republican colleagues to give up the partisan
games that threaten our national security and allow the House to act
today on the clean bill--again, that was negotiated by Democrats and
Republicans, House and Senate, a good bill--funding the Department of
Homeland Security. We have already wasted enough time.
I reserve the balance of my time.
Mr. CARTER of Texas. Mr. Chairman, I yield such time as he may
consume to the gentleman from Kentucky, Mr. Hal Rogers, the chairman of
the full committee
Mr. ROGERS of Kentucky. I thank Chairman Carter for his great work in
putting this bill together and for yielding the time.
Mr. Chair, I rise in support of this bill that funds the Department
of Homeland Security.
In December, the House passed, on a bipartisan basis, an aggregated
appropriations bill that funded most of the Federal Government, 11 of
the 12 annual appropriations bills, and today we consider the last
remaining of those bills.
The security of our homeland is one of our highest priorities. This
bill provides $39.7 billion for that purpose: to protect our borders,
defend against the threats of terrorism, and enforce our Nation's laws.
Today we will also consider amendments to the bill that will reverse
the President's declaration of executive amnesty for illegal aliens.
One of these amendments would change existing law to prohibit any
funding, including fees, from being used to implement the order. As the
chairman of the subcommittee has said, there are no appropriations in
this bill for the illegal amnesty decree--that is being funded by
fees--and this amendment would get at that problem.
The American people have spoken loud and clear. They want our
immigration laws enforced rather than unilaterally changed by executive
decree in an unlawful way that undermines our Constitution and the
integrity of our laws. I will vote for these amendments because the
Presidential amnesty decree grossly exceeds this authority and violates
the Constitution.
The base legislation before us ensures that our immigration laws are
upheld, that our border is fortified, and that the men and women on our
front line remain well-equipped and trained. The bill provides $10.7
billion for Customs and Border Protection. That is an increase of $118-
plus million above last year to support the largest operation force
levels in the history of the country and to ensure around-the-clock
border surveillance.
Funding for Immigration and Customs Enforcement, ICE, is also boosted
above last year, totaling $5.96 billion, including significant
increases to detention bed capacity for both individuals and families,
and full funding for E-Verify to ensure companies are hiring employees
who can legally work in the U.S.
In addition, the legislation provides funding to ensure the safety of
our skies and our coasts. The Transportation Security Administration is
funded at $4.8 billion, targeting funding to passenger security, cargo
inspections, and intelligence.
The Coast Guard receives $10 billion, denying the President's
proposed cuts that would have gutted vital operations of the Coast
Guard.
The security of this Nation is also dependent on a secure cyber
network, and recent headlines have only underscored our need to be
prepared against new and advanced cyber attacks and foreign espionage.
To improve our cybersecurity programs, the bill includes $753.2 million
for these activities in the National Protection and Programs
Directorate.
The bill also includes increased funding to address critical lapses
in Secret Service communications and training at the White House and to
start preparations for the 2016 Presidential election.
In addition to providing for these important security efforts, the
Department bill also provides funding for disaster recovery and
response. There is $7 billion in the bill for FEMA's programs, fully
funding their requirements. It also provides $2.5 billion for important
first responder grants that help States and communities act in the
critical early moments following a disaster.
And finally, Mr. Chair, in all, this legislation before us takes the
necessary steps to ensure the responsible, transparent use of taxpayer
dollars, including streamlining DHS operations, reducing overhead
costs, and trimming funds for lower priority programs.
I want to thank the gentleman from Texas, Chairman Carter, and the
entire subcommittee and staff for their hard work in reaching that
bipartisan agreement back in December which now is reflected in this
bill on the floor, and to also thank the staff for their many hours
putting this legislation into final form.
Nearly halfway into the fiscal year, it is high time we get this bill
enacted to strengthen our homeland security efforts, ensure our
personnel are well-equipped and trained, and maintain our readiness for
any threats that may come our way. We cannot put our security at risk
with outdated funding levels and the uncertainty of a continuing
resolution.
So I urge my colleagues to vote responsibly for the security of our
country and the security of our borders. I urge Members to vote ``yes''
on the bill.

[[Page H275]]

EXPLANATORY STATEMENT SUBMITTED BY MR. ROGERS OF KENTUCKY, CHAIRMAN OF
THE HOUSE COMMITTEE ON APPROPRIATIONS, REGARDING H.R. 240
____

DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2015

The following is an explanation of the effects of this Act,
which makes appropriations for the Department of Homeland
Security for fiscal year 2015. Unless otherwise noted,
references to the House and Senate reports are to House
Report 113-481 and Senate Report 113-198, respectively. The
language and allocations contained in the House and Senate
reports warrant full compliance and carry the same weight as
language included in this explanatory statement, unless
specifically addressed to the contrary in the bill or this
explanatory statement. While repeating some language from the
House or Senate report for emphasis, this explanatory
statement does not intend to negate the language referred to
above unless expressly provided herein. When this explanatory
statement refers to the Committees or the Committees on
Appropriations, this reference is to the House Appropriations
Subcommittee on Homeland Security and the Senate
Appropriations Subcommittee on the Department of Homeland
Security.
In cases where this explanatory statement directs the
submission of a report or a briefing, such report or briefing
shall be provided to the Committees not later than April 15,
2015, unless otherwise directed in the statement. Reports and
briefings required by the House or Senate report are due on
the dates specified; in instances where the date specified
occurred prior to the date of enactment of this Act, the
report or briefing shall be due not later than April 15,
2015.
This explanatory statement refers to certain laws and
organizations as follows: the Implementing Recommendations of
the 9/11 Commission Act of 2007, Public Law 110-53, is
referenced as the 9/11 Act; the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, Public Law 93-288, is
referenced as the Stafford Act; the Department of Homeland
Security is referenced as DHS or the Department; the
Government Accountability Office is referenced as GAO; and
the Office of Inspector General of the Department of Homeland
Security is referenced as OIG. In addition, ``full-time
equivalents'' shall be referred to as FTE; the DHS ``Working
Capital Fund'' shall be referred to as WCF; ``program,
project, and activity'' shall be referred to as PPA; and any
reference to ``the Secretary'' shall be interpreted to mean
the Secretary of Homeland Security.

Classified Programs

Recommended adjustments to classified programs are
addressed in a classified annex accompanying this explanatory
statement.

TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

Office of the Secretary and Executive Management

A total of $132,573,000 is provided for the Office of the
Secretary and Executive Management (OSEM). The funding
provided addresses the Unity of Effort realignment requested
by the Department.
The amount provided for this appropriation by PPA is as
follows:

DHS Unity of Effort

Throughout the bill, funds have been realigned to support
the Secretary's Unity of Effort initiative. The Department
shall provide frequent updates on progress and adoption of
new policies, procedures, and guidelines related to this
evolving effort.

Unaccompanied Alien Children

The President's fiscal year 2015 budget request for DHS
failed to include funds necessary to address the arrival of
children and families who will be ferried to the Nation's
borders by a network of illicit transnational criminal
organizations and to manage the populations of these illegal
migrants who cross our border. This bill rectifies these
mistakes by adding $553,589,000 for costs related to
deterring such illegal migration, interdicting these
migrants, caring for and transporting an estimated 58,000
undocumented children to the custody of the Department of
Health and Human Services (HHS), and facilitating the
movement of thousands of undocumented families through
removal proceedings after they illegally cross the U.S.
border during this fiscal year.
Both the House and Senate reports contain instructions
relative to the humanitarian crisis and law enforcement
nightmare created by the phenomenon of children crossing the
Southwest border. That guidance, which is aimed at being
prepared for another potential influx of children, remains as
valid today as it was in June 2014. To assure the Committees
that the directives are being carried out, DHS is directed to
coordinate an interagency update with other responsible
Federal agencies, including the Departments of State, HHS,
and Justice, that addresses the activities each agency is
undertaking to deter, prepare for, and manage a surge of
illegally migrating children and families. Quarterly
briefings to the Committees are required beginning January
15, 2015, to cover operational statistics on all
apprehensions, including unaccompanied alien children (UAC)
and families, detention, non-detention forms of supervision,
and removals. Furthermore, DHS shall notify the Committees
immediately in the event that UAC are held in U.S. Customs
and Border Protection (CBP) custody longer than 72 hours or
if UAC apprehensions surpass fiscal year 2013 levels.
A general provision is included in Title V of this Act to
ensure the President's fiscal year 2016 budget request
addresses DHS needs related to UAC and families.

Reporting of Operational Statistics

The Department shall continue quarterly submission of the
Border Security Status reports, as required by the Senate.
The requirement for Detention and Removal Operations reports
is discontinued, as further discussed under the U.S.
Immigration and Customs Enforcement (ICE) heading later in
this statement.
In addition, the Department is directed to continue
improving its public reporting of immigration enforcement and
border security operations statistics both in terms of
completeness and timeliness. The Department shall ensure that
immigration enforcement data is collected and reported to
reflect the entire lifecycle from encounter through removal
and return, not just starting with apprehension and arrest.
As directed in the Senate report, the Department and the
relevant components shall brief the Committees on these
efforts.

Joint Requirements Council

An additional $4,000,000 is provided in the Immediate
Office of the Secretary for the newly created Joint
Requirements Council. The Department shall brief the
Committees regularly on the status and activities of the
Council.

U.S. Customs and Border Protection and Coast Guard Aviation Commonality

As referenced in the House report, the Department shall
continue to pursue joint aviation requirements, as
applicable, for the Coast Guard and CBP. Both components
shall maximize commonality between their aircraft fleets.
Further, CBP shall develop a flying hour program using the
Coast Guard program as a model.

Over-Classification of Information

When the Department submits a document to the Committees
that is classified for official use only (FOUO), the document
shall include specific reasons for the classification based
on requirements detailed in DHS Management Directive 11042.1,
which provides guidance for safeguarding sensitive but
unclassified FOUO information. The signatory of each document
will be held accountable for verifying the classification.

International Costs Reduction

As referenced in the Senate report, the Department is to
develop a plan with the goal of reducing international
operations costs by up to 10 percent in fiscal year 2015. DHS
shall brief the Committees not later than 60 days after the
date of enactment of this Act on this plan, including efforts
to reduce unnecessary overlap and redundancies in its attache
laydown while maintaining a strong presence internationally.

Expenditure Plans in Budget Justification

As part of the justification accompanying the President's
budget proposal for fiscal year 2016, the Secretary shall
include expenditure plans for fiscal year 2016 for the Office
of Policy, the Office of Intergovernmental Affairs/
Partnership and Engagement, the Office for Civil Rights and
Civil Liberties (OCRCL), the Citizenship and Immigration
Services Ombudsman, and the Office of Privacy.

[[Page H276]]

Situational Awareness of Illegal Border Activity

As directed in both the House and Senate reports, the
Secretary shall submit to the Committees the results of a
review and draft plan for situational awareness along the
Southwest border and in the associated maritime environment
not later than 180 days after the date of enactment of this
Act. The effort may include attaining a common operating
picture but must include enabling operational control through
full and persistent situational awareness.

Office of the Under Secretary for Management

A total of $187,503,000 is provided for the Office of the
Under Secretary for Management (USM). The funding provided
fully incorporates the Unity of Effort realignment requested
by the Department. Each office shall prioritize efforts
within the amount provided.
The amount provided for this appropriation by PPA is as
follows:

Headquarters Consolidation

Pursuant to a general provision in Title V of this Act,
$48,600,000 is provided for headquarters consolidation and
associated operational support. Not later than 60 days after
the date of enactment of this Act, the USM shall submit to
the Committees an expenditure plan detailing how this funding
will be allocated, including revised schedule and cost
estimates for the headquarters consolidation project.
Quarterly briefings are required on headquarters and mission
support consolidation activities, which should highlight any
deviation from the expenditure plan. The briefings shall also
discuss progress on lease replacement and consolidation
efforts.

Program Accountability and Risk Management

In lieu of direction in the House report regarding a new
PPA for the Office of Program Accountability and Risk
Management, the Department shall display funding levels and a
program justification for this office within the President's
budget proposal for fiscal year 2016.

Comprehensive Acquisition Status Report

The Comprehensive Acquisition Status Report shall be
submitted as a part of the justification documents
accompanying the President's budget proposal for fiscal year
2016 and shall contain all programs on the major acquisition
oversight list and others of special interest. Funding
amounts shall be displayed by appropriation and PPA. Further,
the Department shall work with the Committees to post a non-
FOUO version to the Department's website not later than 180
days after the date of enactment of this Act.

Procurement of Secure Credentials

As described in the House report, there is an ongoing GAO
study regarding the production of secure credentials across
the government. To that end, the Office of the Chief
Procurement Officer (OCPO) shall brief the Committees within
90 days of the date of enactment of this Act on the
Department's process for procuring secure credentials,
including how OCPO decides whether to procure such products
from either a private entity or a government agency and how
it considers both cost and the security features of the
products. Prior to the completion of the GAO study, per
section 507 of this Act, the Department shall notify the
Committees in writing three days prior to contracting with a
private entity or signing an agreement with a government
agency to requisition secure credentials and, if applicable,
to provide an analysis showing how the security of the
products will be equal to or greater than that of products
that could be procured from private industry at a similar
cost.

GAO Review of Major Acquisition Programs

As directed in the Senate report, GAO shall develop a plan
for ongoing reviews of DHS' major acquisition projects.

Procurement Process

As directed in the Senate report, the Under Secretary shall
outline the procurement process from the beginning when a
need is identified through contract award, extension, or
modification, including any protest actions or other delays.
The Under Secretary shall provide a briefing on the effort to
the Committees not later than 120 days after the date of
enactment of this Act. As directed in the Senate report, the
role of the Component Acquisition Executive shall also be
addressed.

Hiring Delays

DHS shall report to the Committees not later than 60 days
after the date of enactment of this Act on a strategy for
reducing the time required for hiring personnel, and shall
provide quarterly data on hiring timelines by component, as
directed in the Senate report.

Office of the Chief Financial Officer

A total of $52,020,000 is provided for the Office of the
Chief Financial Officer (OCFO), which includes staffing and
funds realigned to support the Secretary's Unity of Effort
initiative. It is assumed that any cost of living adjustment
for Federal employees directed by the President for fiscal
year 2015 will be funded from within the amounts provided for
each appropriation in this Act.

Obligation and Expenditure Plans

The statement includes directives for specified components
to brief the Committees on obligation and expenditure plans.
The briefings shall reflect enacted appropriations; include
the allocation of undistributed appropriations among and
within PPAs; and specify completed transfer and reprogramming
actions (pursuant to section 503 of this Act and previous
appropriations Acts for DHS), including funds that have been
reprogrammed below the notification threshold.
Funding in the briefs shall be designated by PPA and cost
code by quarter, and shall include the amount of funds
planned to be carried over into the next fiscal year. For
multi-year appropriations, the briefs shall detail the status
of each appropriation by source year. In addition, the briefs
shall identify the current numbers of onboard personnel by
PPA, along with delineations of the numbers of personnel
newly hired or lost to attrition since the beginning of the
fiscal year or since the most recent report, as appropriate.
These briefings shall be provided not later than 45 days
after the date of enactment of this Act and on a quarterly
basis thereafter to compare actual obligations against the
initial plans.

Financial Systems Modernization

The CFO is directed to maintain frequent communications
with the Committees on its Financial Systems Modernization
(FSM) efforts, as directed in the House and Senate reports. A
general provision is included in Title V of this Act to fund
FSM activities, enabling the Secretary to allocate resources
according to fluctuations in the FSM program execution plan.
In lieu of the direction in the House report, the CFO shall
submit a detailed expenditure plan for FSM not later than 45
days after the date of enactment of this Act.

Office of the Chief Information Officer

A total of $288,122,000 is provided for the Office of the
Chief Information Officer (OCIO), of which $189,094,000 is
available until September 30, 2016. The funding provided
fully incorporates the realignment to support the Secretary's
Unity of Effort initiative. An additional $1,000,000 is
provided for the DHS Data Framework initiative, and an
additional $500,000 is provided for cyber remediation tools,
as outlined in the House report. The amount provided for this
appropriation by PPA is as follows:

[[Page H277]]

Unity of Effort

To support the Department's Unity of Effort initiative, a
total of $32,621,000 and 25 FTE are realigned from Analysis
and Operations to OCIO for the Homeland Security Information
Network Program and the Common Operating Picture.

Sharing and Safeguarding Classified Information

As directed in House and Senate reports and not later than
90 days after the date of enactment of this Act, the CIO
shall brief the Committees on its program execution and
strategy to protect national security information held by
DHS, including the cost and schedule details of the Homeland
Secure Data Network, Identity Credential Access Management
programs, and other large or multi-agency projects. The
briefing shall also include details on other steps the
Department is taking to safeguard classified information.

Analysis and Operations

A total of $255,804,000 is provided for Analysis and
Operations, of which $102,479,000 shall remain available
until September 30, 2016. The funding provided fully
incorporates the Unity of Effort realignment requested by the
Department. Other funding details are included within the
classified annex accompanying this explanatory statement.

Criminal Intelligence Enterprise

The Committees encourage Intelligence and Analysis (I&A) to
coordinate with the Chiefs of Police and Sheriffs from the
Nation's major urban areas to strengthen the Criminal
Intelligence Enterprise, which is aimed at integrating state
and local criminal intelligence and counterterrorism
operations. I&A is to brief the Committees not later than 60
days after the date of enactment of this Act on its efforts
to date and plans for fiscal year 2015.

Office of Inspector General

A total of $142,617,000 is provided for the OIG, including
$118,617,000 in direct appropriations and $24,000,000
transferred from the Federal Emergency Management Agency
(FEMA) Disaster Relief Fund (DRF) for audits and
investigations related to the DRF. The level of OIG funding
has been reduced from the budget request for reasons outlined
in the Senate report as well as to reflect more realistic
expectations for hiring in fiscal year 2015. The OIG is
directed to submit an expenditure plan for all fiscal year
2015 funds not later than 30 days after the date of enactment
of this Act and, for fiscal year 2016 and future years, to
submit an expenditure plan within its annual budget
justification. The OIG is directed to include DRF transfers
in the CFO's monthly budget execution reports submitted to
the Committees, which shall satisfy the requirements for
notification of DRF transfers under a general provision in
Title V of this Act.

TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

U.S. Customs and Border Protection

SALARIES AND EXPENSES

A total of $8,459,657,000 is provided for Salaries and
Expenses. The amount provided for this appropriation by PPA
is as follows:

( $000 )
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Headquarters, Management, and Administration:
Commissioner.............................................. $27,245 $27,151
Chief Counsel............................................. 45,663 45,483
Congressional Affairs..................................... 2,514 2,504
Internal Affairs.......................................... 140,141 139,493
Public Affairs............................................ 13,064 13,009
Training and Development.................................. 71,926 71,585
Technology, Innovation, and Acquisition................... 25,374 25,277
Intelligence/Investigative Liaison........................ 61,512 62,235
Administration............................................ 386,793 382,870
Rent...................................................... 409,490 598,593
-------------------------------------------------
Subtotal, Headquarters, Management, and Administration.... 1,183,722 1,368,200
Border Security Inspections and Trade Facilitation:
Inspections, Trade, and Travel Facilitation at Ports of 2,830,872 2,810,524
Entry....................................................
Harbor Maintenance Fee Collection (Trust Fund)............ 3,274 3,274
International Cargo Screening............................. 69,173 68,902
Other International Programs.............................. 25,706 25,548
Customs-Trade Partnership Against Terrorism............... 40,841 41,619
Trusted Traveler Programs................................. 5,811 5,811
Inspection and Detection Technology Investments........... 123,866 122,811
National Targeting Center................................. 70,592 74,623
Training.................................................. 33,906 33,880
-------------------------------------------------
Subtotal, Border Security Inspections and Trade 3,204,041 3,186,992
Facilitation.............................................
Border Security and Control between Ports of Entry:
Border Security and Control............................... 3,882,015 3,848,074
Training.................................................. 56,608 56,391
-------------------------------------------------
Subtotal, Border Security and Control between Ports of 3,938,623 3,904,465
Entry....................................................
-------------------------------------------------
Total................................................. $8,326,386 $8,459,657
----------------------------------------------------------------------------------------------------------------

Headquarters, Management, and Administration

CBP's Chief Financial Officer is directed to brief the
Committees on a plan for the obligation and expenditure of
funds for all CBP accounts, as specified under Title I of
this statement, to include data previously provided in its
financial plans. As proposed by the House, $1,000,000 is
provided to the Office of Intelligence and Investigative
Liaison (OIIL) for additional analysts to support the Air and
Marine Operations Center's (AMOC) activities, particularly
analysis of feeds from unmanned aircraft systems (UAS). CBP
shall ensure that such activities are aligned with other
situational awareness efforts at CBP and the DHS Unity of
Effort initiative.
The total amount provided reflects a transfer from the
Construction and Facility Management account into the Rent
PPA because the Administration has determined that GSA will
not delegate authority to CBP to manage certain land ports of
entry.

Conduct and Integrity Oversight

The Secretary announced the delegation of criminal
misconduct investigative authority on September 18, 2014.
This authority permits CBP to work side by side, as
appropriate, with other Federal investigative agencies
looking into alleged criminal conduct by CBP employees, which
should increase workforce accountability and enable CBP
leadership to have greater awareness of conduct and integrity
issues. CBP is directed to provide regular updates as it
converts internal affairs investigators to criminal
investigators as part of this transition. Further, the Deputy
Secretary shall continue to oversee joint coordination of
integrity oversight, as discussed in the Senate report.

Border Security Inspections and Trade Facilitation

Border Security Inspections and Trade Facilitation is
funded at $3,186,992,000, of which $2,810,524,000 is for
Inspections, Trade, and Travel Facilitation at Ports of
Entry, including sufficient funding to support a base of
23,775 CBP officers. The bill provides $30,000,000 as two-
year funding based on CBP's current hiring schedule. As
requested, $8,300,000 is provided for the CBP Mobile Program
and $3,000,000 is added for a Biometric Exit Mobile
application demonstration at two airports. To expand the
Arrival and Departure Information System, $9,900,000 is
included instead of $11,800,000 as proposed by the House and
$8,000,000 as proposed by the

[[Page H278]]

Senate. A total of $41,619,000 is provided for the Customs-
Trade Partnership Against Terrorism (C-TPAT) program, which
provides sufficient funds to proceed with the web portal
project. As discussed in the Senate report, of the total
amount provided for CBP Salaries and Expenses, $10,000,000
shall be used for sustaining traveler process enhancements
initiated in Public Law 113-76. To support counter-network
capabilities at the National Targeting Center (NTC),
$4,500,000 is provided for advanced analysis and
visualization tools and requirements development instead of
$9,000,000 as proposed by the House. While funded in the NTC
PPA, this investment shall support strategic analysis
capabilities across CBP.
To deal with the fluctuations of facilitating trade and
securing travel, CBP's staffing practices--to include hiring,
training, and assignments--must be flexible and nimble. While
the resource allocation model has greatly improved CBP's
ability to make informed staffing decisions, CBP shall update
its resource allocation model, taking into account any newly
identified gaps, the onboarding of 2,000 CBP officers added
by the fiscal year 2014 Act, and the timeline for training
and deploying the new personnel to their respective
assignments. An updated model shall specifically identify CBP
officer staffing requirements for the Northern border. Any
modifications to the model shall be described in the fiscal
year 2016 budget submission.
Both the House and Senate reports include extensive
language about ways to reduce wait times at ports of entry.
As always, this objective must be carefully balanced against
U.S. security interests and the need to safeguard travelers
and the general public from terrorism. To underscore the
importance of these missions, the agreement highlights the
following guidance in both the House and Senate reports. CBP
shall carry out the following within 90 days of the date of
enactment of this Act:
1) Develop a plan to accelerate the hiring process for CBP
officers, as directed in the Senate report.
2) Brief the Committees on the implementation and execution
of the public-private partnership and donation authority
pilots authorized under section 560 of Public Law 113-6 and
section 559 of Public Law 113-76 and continued in this Act,
with semi-annual briefings thereafter.
3) Provide a report to the House and Senate Committees on
Appropriations, the House Committee on Homeland Security, and
the Senate Committee on Homeland Security and Governmental
Affairs describing the effects of business transformation
initiatives on reducing passenger wait times, including the
impact of technologies that are not dependent on the activity
of CBP personnel. The report should provide an analysis of
the effectiveness of such initiatives and identify locations
CBP would prioritize for expansion.
4) Brief the Committees on efforts to improve commercial
vehicle wait time data collection and trade facilitation at
land ports of entry.
5) Brief the Committees on the status of implementing
section 571 of Public Law 113-76, which requires the
development of passenger wait time performance metrics and
operational work plans to reduce passenger wait times at
ports of entry with the highest passenger volume and wait
times. The briefing shall include an action plan and proposed
timelines for innovative activities, as proposed in the
Senate report.
6) Brief the Committees on the effect of the Beyond the
Border Action Plan on reducing wait times at, and
streamlining the flow of trade across, the Northern border.
7) Brief the Committees on the status of the Air Entry/Exit
Re-engineering project, its implications for land and sea
ports in urban and rural areas, and how CBP is working with
the Office of Biometric Identity Management (OBIM) to examine
new technologies that can be integrated with DHS' backend
biometric system, IDENT.
8) Provide an update on the effectiveness of non-intrusive
inspection (NII) technology at ports of entry, including
seizures resulting from NII exams, in the multi-year
investment and management plan for inspection and detection
technology required by Public Law 112-74 and continued in a
general provision in Title V of this Act.

Trade Enforcement

The House and Senate reports contain guidance on cargo
inspection and commercial fraud enforcement, including
directives related to circumvention of duties and
misclassification of entries of goods from China; collection
of outstanding duties; the use of single entry transaction
bonds; coordination with the Departments of the Treasury and
Commerce on the use of new shipper reviews and improvement of
liquidation instructions; membership on the Advisory
Committee on Commercial Operations; uncollected antidumping
and countervailing duty orders on duties in excess of
$25,000,000 assessed by single transaction bonds; and
enhanced trade enforcement efforts. CBP shall adhere to these
directives and, to the extent practicable, publish the
required report on the collection of outstanding duties on
the CBP website.
The Commissioner is directed to pursue, through all
possible means, the dispersal of interest payments owed to
injured parties who have obtained funds under the Continued
Dumping and Subsidy Offset Act. That law states that ``the
Commissioner shall distribute all funds from assessed duties
received in the preceding fiscal year to affected domestic
producers,'' which has been understood to mean interest
accrued from past duties identified and dispersed to injured
parties. CBP shall provide a report on all interest payments
owed to injured parties between the beginning of 2001 and the
end of 2014, along with a path forward for dispersing such
funds to the injured parties.

Jones Act

CBP is directed to brief the Committees on the steps it is
taking to adhere to the guidance in the Senate report with
regard to the Jones Act.

Border Security and Control between Ports of Entry

Border Security and Control between Ports of Entry is
funded at $3,904,465,000, which includes $3,848,074,000 for
Border Security and Control and $56,391,000 for training. As
proposed by the House, $499,000 is included for an additional
Horse Patrol Unit. The total funding level supports the
legislatively-mandated floor of not less than 21,370 Border
Patrol agents. Because CBP is currently well below the
mandated level, CBP is directed to take all possible steps to
reach the funded and operationally necessary staffing level.
Recognizing that the Administration failed to request funds
sufficient to care for UAC and family units while in Border
Patrol custody, CBP shall utilize excess funding currently
allocated to Salaries and Expenses within this PPA to support
that need.
As proposed by the Senate, $10,000,000 is for the
development and operation of the National Border Geo-
Intelligence Strategy (NBGIS). CBP must continue to improve
its situational awareness and analytic capabilities to secure
the border at and between the ports of entry and along the
approaches to the United States by land, air, and sea. CBP
shall ensure that the investments made in the NBGIS align
with other critical investments in the NTC, AMOC, and OIIL,
and shall brief the Committees on how data collected through
the NBGIS will assist CBP and other government entities.
As directed in the House report, CBP shall continue to
issue statistics on individuals held in CBP custody and to
publish such statistics in the DHS annual statistical
yearbook.
Both the House and Senate reports included direction to DHS
to review ICE and CBP repatriation policies and practices to
ensure deportations of vulnerable individuals are conducted
humanely and safely. The review shall be completed within 150
days after the date of enactment of this Act instead of 180
days as proposed by the House and 120 days as proposed by the
Senate.
Recently, CBP initiated a pilot program to determine
whether using body-worn cameras can reduce the use of
unnecessary force and protect officers and agents from
allegations of abuse that may be unfounded. As required in
the House report, CBP shall provide a report to the
Committees on the results of the pilot within 60 days of its
completion.

AUTOMATION MODERNIZATION

A total of $808,169,000 is provided for Automation
Modernization. CBP and ICE shall brief the Committees semi-
annually on TECS modernization, and CBP shall brief the
Committees on Automated Commercial Environment modernization
semi-annually. The amount provided for this appropriation by
PPA is as follows:

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

A total of $382,466,000 is provided for Border Security
Fencing, Infrastructure, and Technology (BSFIT). As
requested, $12,200,000 is provided for Northern border
technology and $35,600,000 is provided for tethered aerostat
radar systems. An additional $15,000,000 for Development and
Deployment and $5,000,000 for Operations and Maintenance is
provided for unfunded priorities cited in the House report.
Within the resources provided, CBP

[[Page H279]]

shall resume and complete the communications study referenced
in the House report. CBP shall also detail the allocation of
BSFIT funds in its obligation and expenditure plan briefings,
as specified under Title I of this statement.
The amount provided for this appropriation by PPA is as
follows:

AIR AND MARINE OPERATIONS

A total of $750,469,000 is provided for Air and Marine
Operations. The amount provided for this appropriation by PPA
is as follows:

The amount provided for Salaries and Expenses includes
$5,900,000 to increase staffing at the AMOC to levels
sufficient to maintain 24/7 air and marine surveillance
coverage of the United States as well as $350,000 for
Intelligence Research Analysts; and $3,000,000 to support
95,000 flight hours. The Operations and Maintenance PPA is
increased by $28,300,000 to support this number of flight
hours. In addition, $3,000,000 is for multi-role enforcement
aircraft (MEA) spare parts, $2,000,000 is for upgrades to
unmanned aircraft system ground control stations, and
$1,350,000 is for enhancements to AMOC's Processing,
Exploitation, and Dissemination cell and Air and Marine
Operating Surveillance System. As requested, $43,700,000 is
provided for procurement of two MEA and $9,300,000 is for
sensor upgrades.
The bill continues a provision included in the Senate bill
requiring CBP to submit any changes to its five-year
Strategic Air and Marine Plan not later than 90 days after
the date of enactment of this Act.
Based on concerns addressed in both the House and Senate
reports, CBP initiated a review of how to improve its air and
marine readiness posture to adequately support mission needs.
In coordination with the Department's Aviation Governance
Board (AGB), CBP shall establish policies and define
responsibilities for the development and management of a CBP
aircraft flight hour and marine vessel underway hour program,
which shall be finalized not later than December 31, 2015. In
addition, CBP shall continue to work with the AGB to
formalize and institutionalize a joint requirements process
tailored to meet law enforcement operational needs and
leverage existing capabilities across the Department,
including depot level maintenance facilities. CBP shall
provide quarterly progress reviews on this endeavor to the
Committees beginning not later than February 1, 2015.
CBP's AMOC is a national asset, critical to fulfilling the
needs of the United States for air and marine domain
awareness. It is clear, however, that the Department has not
fully utilized this critical resource. Therefore, the DHS
Deputy's Management Action Group (DMAG) shall review AMOC's
current mission and its roles and responsibilities to
determine whether they require modification to support DHS'
strategic objective of protecting all approaches--air, land,
and sea--to U.S. borders. By December 1, 2015, the DMAG shall
make recommendations to the Secretary on how to rectify
identified gaps in capability and provide guidance to all DHS
components on how best to leverage AMOC's existing
capabilities so they enhance DHS' operational Unity of
Effort. The DMAG review and recommendations shall also
address direction in the House report regarding personnel
requirements and full staffing of AMOC, as well as
finalization of an AMOC charter, although no report on the
charter is required. The Department and CBP are instructed to
provide quarterly progress reviews to the Committees
beginning March 1, 2015, which shall include an update on
progress made to connect AMOC to SIPRnet, as directed in the
House report.

CONSTRUCTION AND FACILITIES MANAGEMENT

A total of $288,821,000 is provided for Construction and
Facilities Management, including $5,100,000 for upgrading
Border Patrol facilities instead of $4,100,000 as proposed by
the Senate. No increase is provided for the McAllen Border
Patrol Station, as it has already been reactivated for use in
transitioning UAC to HHS custody.
The amount provided reflects a transfer from this account
of $189,103,000 to the Rent PPA in the Salaries and Expenses
appropriation because the Administration has determined that
GSA will not be delegating authority to CBP for management of
certain land ports of entry. The amount provided for this
appropriation by PPA is as follows:

U.S. Immigration and Customs Enforcement

SALARIES AND EXPENSES

A total of $5,932,756,000 is provided for Salaries and
Expenses, which reflects significant increases above the
request totaling $944,691,000. These increases are provided
to address excessive shortfalls in the President's budget
request due to poor budgeting practices, deal with needs
related to the surge in unaccompanied children and families
with children coming across the Southwest border, and restore
proposed cuts to staffing, operations, investigations, and
other programs critical to national security.
ICE is directed to brief the Committees on a plan for the
obligation and expenditure of funds and provide quarterly
updates, as specified under Title I of this statement. As a
part of these briefings, ICE shall continue to provide data
on investigative activities and expenditures.
The amount provided for this appropriation by PPA is as
follows:

[[Page H280]]

Subtotal, Headquarters Management and Administration.. 349,529 347,421
Legal Proceedings............................................. 214,731 217,393
Investigations:
Domestic Investigations................................... 1,644,552 1,699,811
International Investigations:
International Operations.............................. 101,228 110,682
Visa Security Program................................. 31,854 49,526
-------------------------------------------------
Subtotal, International Investigations............ 133,082 160,208
-------------------------------------------------
Subtotal, Investigations.............................. 1,777,634 1,860,019
Intelligence.................................................. 77,045 76,479
Enforcement and Removal Operations:
Custody Operations........................................ 1,791,913 2,532,593
Fugitive Operations....................................... 131,591 142,615
Criminal Alien Program.................................... 322,407 327,223
Alternatives to Detention................................. 94,106 109,740
Transportation and Removal Program........................ 229,109 319,273
-------------------------------------------------
Subtotal, Enforcement and Removal Operations.......... 2,569,126 3,431,444
-------------------------------------------------
Total, Salaries and Expenses.............................. $4,988,065 $5,932,756
----------------------------------------------------------------------------------------------------------------

Legal Proceedings

A total of $217,393,000 is provided for Legal Proceedings,
including funds to hire 12 full-time personnel to process
Freedom of Information Act submissions, as requested. In
addition, an increase of $4,500,000 is provided to hire
additional attorneys to expedite the immigration court
docket.

Domestic Investigations

A total of $1,699,811,000 is provided for Domestic
Investigations, including an increase of $5,700,000 to
annualize the costs of investigative staffing enhancements
funded in fiscal year 2014. The bill provides an increase of
$62,000,000 to hire additional agents and mission support
staff to enhance ICE's ability to conduct investigations in
high-priority mission areas, such as human smuggling and
trafficking, including Operation Torrent Divide; child
exploitation, including Operation Angel Watch; antidumping
and countervailing duties, including illegally dumped
seafood; counter-proliferation; gang activity; and drug
smuggling. ICE shall submit a fiscal year 2016 budget request
that includes funds sufficient to annualize the costs of
prior year staff enhancements. In addition, ICE is directed
to develop a workforce model to better inform requirements
for investigative staffing, including the necessary balance
of special agents and mission support personnel.
ICE is directed to train at least two classes of veterans
through the Human Exploitation Rescue Operative (HERO) Child-
Rescue Corps to support child exploitation investigations and
to brief the Committees on its efforts not later than 180
days after the date of enactment of this Act, including
efforts to hire HERO graduates or to help place them with
other Federal, state, or local agencies with related
missions.
Within the total, the bill provides not less than
$15,000,000 for intellectual property rights and commercial
trade fraud investigations, including activities at the
National Intellectual Property Rights Coordination Center.
In lieu of the operational reporting requirement in the
House report, ICE is directed to work with the Committees on
a format for submitting quarterly updates on operations not
later than 15 days after the end of each quarter.

International Investigations

A total of $160,208,000 is provided for International
Investigations. Within the total, an increase of $7,113,000
is included to fund increased State Department service fees;
an increase of $12,000,000 is provided to expand the Visa
Security Program to high-threat countries; and an increase of
$3,500,000 is provided to support enhancements to the PATRIOT
information technology system for visa vetting. In support of
ICE's international efforts to counter the humanitarian
crisis caused by the influx of UAC, the bill also provides
increases of $1,764,000 to double the number of vetted units
in Central America and $3,373,000 to expand human smuggling
investigations.

Enforcement and Removal Operations

A total of $3,431,444,000 is provided for Enforcement and
Removal Operations (ERO), including full funding to support
all 287(g) memoranda of understanding.
The bill does not include funds for ICE's efforts to
establish a unified career path for ERO frontline law
enforcement positions and ensure pay parity in the ERO
workforce. Such funds were not requested by the President and
are not affordable due to other immigration enforcement and
border security budget shortfalls.
In lieu of the ERO quarterly data required by the Senate
report, ICE is directed to provide regular updates on the
detained and non-detained populations subject to removal
proceedings, including details on enforcement priority level,
and to work with the Committees on the format and content of
such updates.
ICE is directed to continue to submit semi-annual reports
on the deportation of parents of U.S.-born citizens.

Custody Operations

A total of $2,532,593,000 is provided for Custody
Operations. Because the fiscal year 2015 budget request
assumed an artificially low cost per detention bed, it failed
to propose funding sufficient to support even the 30,539 beds
included in the request, much less the 34,000 detention beds
required in annual appropriations Acts. This type of flawed
budgeting practice is not credible, and forces the Committees
to rectify the shortfall at considerable expense to other
critical ICE and DHS priorities. Consequently, an increase of
$385,103,000 above the request is required to maintain 34,000
beds. DHS is directed to present a fiscal year 2016 budget
request for ICE that uses accurate cost estimates, and to
include details in the budget justification material that
rigorously support those estimates. The Department must stop
employing misleading and operationally harmful budgeting
gimmicks.
The bill also provides an increase of $362,155,000 to
support additional staffing and detention capacity secured by
ICE in response to the significant growth in family units
crossing the Southwest border illegally during fiscal year
2014, which is intended to serve as a deterrent to future
illegal migration. ICE shall ensure these facilities meet all
ICE Family Residential Standards and shall immediately notify
the Committees of any material violations of such standards.

Fugitive Operations

A total of $142,615,000 is provided for Fugitive
Operations, including $12,100,000 above the request to hire
additional officers and restore staffing to fiscal year 2013
levels.

Criminal Alien Program

A total of $327,223,000 is provided for the Criminal Alien
Program, including an increase of $7,500,000 to mitigate the
potential public safety challenge posed by the growing number
of jurisdictions choosing not to honor ICE detainers on
illegal aliens in their custody. Of primary concern is the
release of aliens subject to removal who may pose a danger to
the community, requiring ICE to expend additional resources
and putting ICE personnel at greater risk when bringing the
aliens back into custody. ICE is directed to publish on its
website the list of jurisdictions failing to honor ICE
detainers and to include details on individuals released as a
result of these decisions, segmented by jurisdiction and
level of criminality.

Alternatives to Detention

A total of $109,740,000 is provided for the Alternatives to
Detention (ATD) program, including an increase of $15,878,000
to support the supervision of family units placed into
removal proceedings after illegally crossing the border.
In recent years, ICE has taken steps to improve ATD cost-
effectiveness through better guidance to ERO officers and
agents on the factors to consider when determining
appropriate placements in ATD. This has included guidance on
when enrollment in ATD, transition to lower levels of
supervision, or re-enrollment in ATD may be more or less
effective depending on the particular stage in the removal
process. ICE has also established additional performance
measures to assess compliance with program requirements.
Beginning 90 days after the date of enactment of this Act,
ICE shall provide semi-annual briefings to the Committees on
compliance rates for both the full-service and the
technology-only ATD programs. These briefings shall include
evaluations of the ATD program by field office; a description
of any plans for expansion of the program to additional field
offices; and an update on the status of responding to
recommendations by GAO (GAO-15-26) to collect additional
compliance data and make better use of collected data to
assess field office implementation of program guidance. In
addition, in order to increase transparency on the use of
ATD, ICE is expected to post on its website any contractor
evaluations or OIG reports related to the program.

Transportation and Removal Program

A total of $319,273,000 is provided for the Transportation
and Removal Program. The

[[Page H281]]

amount includes an increase of $26,000,000 to support the
requirement to maintain 34,000 detention beds, and an
increase of $64,220,000 to support the transportation and
removal costs for UAC and family units anticipated to enter
the United States illegally in fiscal year 2015.

License Plate Readers

ICE is directed to establish, in coordination with OCRCL,
an internal review process for any solicitation or request
for proposal of a National License Plate Recognition database
or other similar project, and to brief the Committees on this
review process not later than 30 days after the date of
enactment of this Act. ICE is directed to include in the
review process notification to the Committees prior to
obligation of any funds for such a database or any similar
project. Further, for any such database being established,
ICE shall undertake the required privacy impact assessment.

AUTOMATION MODERNIZATION

As requested, a total of $26,000,000 is provided for
Automation Modernization.

Transportation Security Administration

AVIATION SECURITY

A total of $5,639,095,000 is provided for Aviation
Security. In addition to the discretionary appropriation for
Aviation Security, a mandatory appropriation totaling
$250,000,000 is available through the Aviation Security
Capital Fund. Statutory language reflects the collection of
$2,065,000,000 from aviation security fees, as authorized.
The amount provided for this appropriation by PPA is as
follows:

Screening Partnership Program

A total of $166,666,000 is provided for the Screening
Partnership Program (SPP), which reflects the estimated
funding requirement for current and recently awarded SPP
airports. TSA is expected to more proactively utilize the
SPP, expeditiously approve the applications of airports
seeking to participate in the program that meet legislatively
mandated criteria, plan and manage toward a 12-month timeline
for awarding applicable contracts for each new airport, and
notify the Committees if it expects to obligate less than the
appropriated amount.
TSA is directed to implement generally accepted accounting
methodologies for cost and performance comparisons. As
detailed in the House report, this includes, but is not
limited to, appropriate, comprehensive, and accurate
comparisons of Federal employee retirement costs and the
administrative overhead associated with Federal screening
services.
As detailed in the Senate report, TSA is directed to adjust
its PPA lines and notify the Committees within 10 days to
account for any changes in private screening contracts,
including new awards under the SPP or the movement from
privatized screening into Federal screening. TSA is to
provide the Committees semi-annual reports on its execution
of the SPP and the processing of applications for
participation.

Screener Training and Other

A total of $225,442,000 is provided for Screener Training
and Other, including $99,600,000 for Transportation Security
Officer Training.

Checkpoint Support

A total of $88,469,000 is provided for Checkpoint Support.
The reduction below the request reflects the availability of
balances that have remained unobligated for over seven years.

Explosives Detection Systems

A total of $83,933,000 is provided for Explosives Detection
Systems (EDS) Procurement and Installation. Including the
existing mandatory Aviation Security Capital Fund
appropriation of $250,000,000, the total appropriation for
fiscal year 2015 for EDS procurement and installation is
$333,933,000.
For airports that are more than 12 months from construction
and are able to demonstrate that certain high-speed EDS for
checked baggage would be more efficient and result in long
term cost savings compared to medium-speed systems, TSA shall
consider lifting the current prohibition on the use of TSA
funding for design and construction of such systems not yet
on TSA's Qualified Products List.

Investment Plans for Air Cargo, Checkpoint Security, and EDS

As described in the Senate report and in lieu of language
in the House bill, TSA is directed to brief the Committees,
not later than 60 days after the date of enactment of this
Act, on its fiscal year 2015 investment plans for checkpoint
security and EDS refurbishment, procurement, and installation
on an airport-by-airport basis. The briefing shall address
specific technologies intended for purchase, program
schedules and major milestones, a schedule for obligation of
the funds, recapitalization priorities, the status of
operational testing for each passenger screening technology
under development, and a table detailing current unobligated
balances and anticipated unobligated balances at the close of
the fiscal year. The briefing shall also include details on
passenger screening pilot programs that are in progress or
being considered for implementation in fiscal year 2015.
Further, not later than 60 days after the date of enactment
of this Act, TSA is directed to brief the Committees on its
fiscal year 2015 investment plans for air cargo security. The
expenditure plan briefings described under this heading are
separate and distinct from the obligation and expenditure
guidance noted in Title I of this statement.

Aviation Regulation and Other Enforcement

A total of $349,821,000 is provided for Aviation Regulation
and Other Enforcement. Within this total, $129,900,000 is
provided for the National Explosives Detection Canine Team
Program and $70,550,000 is provided for Airport Law
Enforcement and Assessments.

Federal Air Marshals

A total of $790,000,000 is provided for the Federal Air
Marshals (FAMS). The amount provided under this heading
reflects current attrition rates, the consolidation of FAMS
into Aviation Security, and the realignment of the remaining
FAMS funding into the Surface Transportation Security
appropriation.
The Department is required to deploy Federal Air Marshals
on flights determined to present high security risks, and to
make nonstop, long distance flights, including inbound
international flights, a priority, as per 49 U.S.C. 44917.
Therefore, TSA is expected to utilize personnel and
deployment patterns to optimize coverage of flights to
address known threats, minimize risk, and complement the full
range of security resources deployed by the U.S. government.
TSA is to brief the Committees on the optimal mix of FAMS
personnel and the types and frequency of flights for which
coverage should be provided. Other details are included
within the classified annex.
As detailed in the Senate report, FAMS is to brief the
Committees, not later than 60 days after the date of
enactment of this Act, on its efforts to implement
recommendations made in a recent study of operations and
staffing by the Homeland Security Studies and Analysis
Institute.

SURFACE TRANSPORTATION SECURITY

A total of $123,749,000 is provided for Surface
Transportation Security. Within the amount appropriated,
$94,519,000 is for the Surface Inspectors and Visible
Intermodal Prevention and Response (VIPR) PPA, including a
reduction of $3,000,000 below the request to reduce the
number of VIPR teams to 31, compared to the 33 requested in
the budget.

INTELLIGENCE AND VETTING

A total of $219,166,000 is provided for Intelligence and
Vetting. To facilitate oversight, TSA shall brief the
Committees not later than 60 days after the date of enactment
of this Act on efforts to modernize vetting and credentialing
infrastructure.
The amount provided for this appropriation by PPA is as
follows:

[[Page H282]]

Secure Flight

A total of $99,569,000 is provided for Secure Flight. Due
to delays in implementing the Large Aircraft and Charter
Screening Program, the funding requested is not provided.

TRANSPORTATION SECURITY SUPPORT

A total of $917,226,000 is provided for Transportation
Security Support.
The amount provided for this appropriation by PPA is as
follows:

The bill withholds $25,000,000 from obligation until TSA
submits to the Committees a report providing evidence that
behavioral indicators can be successfully used to identify
passengers who may pose a threat to aviation security, as
well as a report addressing GAO's concerns with TSA's
Advanced Imaging Technology program. TSA shall also brief the
Committees on the specific actions being taken to address
recent allegations of unethical activity involving the
purchase and sale of firearms within FAMS.

Coast Guard

OPERATING EXPENSES

A total of $7,043,318,000 is provided for Operating
Expenses, including $553,000,000 for defense activities, of
which $213,000,000 is designated for overseas contingency
operations (OCO) and the global war on terrorism (GWOT).
Funds provided in support of GWOT and OCO under this heading
may be allocated without regard to section 503 in Title V of
this Act. Pending the submission of the Capital Investment
Plan (CIP) with the President's budget, the bill withholds
from obligation $85,000,000 of the appropriation.
The appropriated amount includes the following increases to
the budget request: $50,000,000 to reduce the backlog in
critical depot level maintenance; $7,800,000 to maintain one
of the two High Endurance Cutters proposed for
decommissioning; $15,000,000 to restore operational hours and
critical depot maintenance reductions; $4,200,000 for
counterdrug surge operations; $2,200,000 to restore a Bravo
Zero response capability; $7,500,000 to restore unjustified
cuts to military special pays; $1,000,000 to restore cuts to
vessel boarding teams; $2,500,000 to restore cuts to
information technology programs; and $2,740,000 to address an
anticipated shortfall in small boat purchases. The
appropriated amount also includes the request for the 2015
military pay increase.
The amount provided for this appropriation by PPA is as
follows:

Overseas Contingency Operations and Global War on Terrorism Funding

The bill includes funding for OCO/GWOT within the Coast
Guard Operating Expenses appropriation instead of within
funding provided to the Department of Defense. The Coast
Guard is directed to brief the Committees not later than 30
days after the date of enactment of this Act on any changes
expected in the funding requirement for OCO/GWOT activities
during fiscal year 2015. Further, the Coast Guard is directed
to include details of its current and future support to
Central Command in the classified annex of the fiscal year
2016 budget request.

Coast Guard Yard

The Coast Guard Yard located at Curtis Bay, Maryland, is
recognized as a critical component of the Coast Guard's core
logistics capability that directly supports fleet readiness.
Sufficient industrial work should be assigned to the Yard to
sustain this capability.
The Coast Guard shall provide a report on drydock
facilities at the Coast Guard Yard, as directed in the Senate
report.

National Housing Assessment

The Coast Guard shall submit, as part of the fiscal year
2016 budget request, the information directed in the Senate
report concerning the National Housing Assessment.

Mission Needs Statement

Not later than July 1, 2015, the Commandant shall submit to
the Committees a new Mission Needs Statement (MNS), which
will be used to inform the out-year CIP. The MNS should
assume that the Coast Guard requires the capability to
continue to carry out all of its eleven statutory missions.
Not later than September 30, 2016, the Commandant shall
submit to the Committees a revised Concept of Operations
(CONOPS), which, in conjunction with the MNS, will be used as
a planning document for the Coast Guard's re-capitalization
needs. The CONOPS shall determine the most cost effective
method of executing mission needs by addressing gaps
identified in the MNS, addressing the funding requirements
proposed in the five-year CIP, and providing options for
reasonable combinations of alternative capabilities of air
and surface assets, to include icebreaking resources and
fleet mix.

[[Page H283]]

Small Boat Purchases

The Department shall submit a report on fiscal year 2015
small boat purchases, as detailed in the Senate report. For
fiscal year 2016, such information shall be included within
the congressional budget justification. Further, the Coast
Guard shall work with industry partners to outline annual
small boat requirements and to better understand the cost
implications of indefinite delivery/indefinite quantity
purchase agreements.

Command and Control Aircraft

As directed in the Senate report, the Coast Guard shall
notify the Committees of any changes in the type or number of
its command and control aircraft. Further, not later than 90
days after the date of enactment of this Act, the Coast Guard
shall brief the Committees on the path forward for future
leases or purchases of such aircraft.

ENVIRONMENTAL COMPLIANCE AND RESTORATION

A total of $13,197,000 is provided for Environmental
Compliance and Restoration.

RESERVE TRAINING

A total of $114,572,000 is provided for Reserve Training.

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

A total of $1,225,223,000 is provided for Acquisition,
Construction, and Improvements. The amount provided for this
appropriation by PPA is as follows:

( $000 )
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Vessels:
Survey and Design--Vessel and Boats....................... $500 $500
In-Service Vessel Sustainment............................. 24,500 49,000
National Security Cutter.................................. 638,000 632,847
Offshore Patrol Cutter.................................... 20,000 20,000
Fast Response Cutter...................................... 110,000 110,000
Cutter Boats.............................................. 4,000 4,000
Polar Ice Breaking Vessel................................. 6,000 - - -
Polar Icebreaker Preservation............................. - - - 8,000
-------------------------------------------------
Subtotal, Vessels........................................... 803,000 824,347
Aircraft:
H-60 Airframe Replacement................................. - - - 12,000
HC-144 Conversion/Sustainment............................. 15,000 15,000
HC-27J Conversion/Sustainment............................. 15,000 20,000
HC-130J Acquisition/Conversion/Sustainment................ 8,000 103,000
HH-65 Conversion/Sustainment.............................. 30,000 30,000
-------------------------------------------------
Subtotal, Aircraft.......................................... 68,000 180,000
Other Acquisition Programs:
Program Oversight and Management.......................... 18,000 18,000
C4ISR..................................................... 36,300 36,300
CG--Logistics Information Management System............... 3,000 5,000
-------------------------------------------------
Subtotal, Other Acquisition Programs........................ 57,300 59,300
Shore Facilities and Aids to Navigation:
Major Construction: Housing; ATON; Survey & Design........ 19,580 19,580
Major Acquisition Systems Infrastructure.................. 16,000 16,000
Minor Shore............................................... 5,000 5,000
-------------------------------------------------
Subtotal, Shore Facilities and Aids to Navigation........... 40,580 40,580
Military Housing.............................................. - - - 6,000
Direct Personnel Costs........................................ 115,313 114,996
-------------------------------------------------
Total, Acquisition, Construction, and Improvements............ $1,084,193 $1,225,223
----------------------------------------------------------------------------------------------------------------

National Security Cutter

A total of $632,847,000 is provided for the National
Security Cutter (NSC) program. The total reflects a reduction
of $7,500,000 based upon previous production cost savings and
updated execution data from the Coast Guard and $3,953,000
for close out and other costs requested well ahead of need.
Within the NSC total, $6,300,000 is included for small
unmanned aircraft systems.

Polar Icebreaker Preservation

As detailed in the Senate report, $8,000,000 is included
for the preservation of the Polar Sea in anticipation of a
potential, future year reactivation.

Polar Ice Breaking Vessel

No additional funding is provided for the polar icebreaking
program. Current program efforts for fiscal year 2015 are
fully funded from prior year appropriations.

H-60 Airframe Replacement

A total of $12,000,000 is provided to allow for the
continued work on the remanufacture of H-60 helicopters.

HC-130J Aircraft

An additional $95,000,000 is provided for one fully
missionized HC-130J aircraft.

HC-27J Conversion/Sustainment

A total of $20,000,000 is provided for the HC-27J Spartan
aircraft program, to include an additional $5,000,000 for
aircraft spares.

Military Housing

A total of $6,000,000 is provided for the recapitalization,
improvement, and acquisition of housing to support military
families. The Coast Guard shall provide to the Committees an
expenditure plan for these funds in the shore facilities
report required to be submitted not later than 45 days after
the date of enactment of this Act.

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

A total of $17,892,000 is provided for Research,
Development, Test, and Evaluation.

RETIRED PAY

A total of $1,450,626,000 is provided for Retired Pay. The
Coast Guard's Retired Pay appropriation is a mandatory budget
activity.

United States Secret Service

SALARIES AND EXPENSES

A total of $1,615,860,000 is provided for Salaries and
Expenses. Included in the amount is $21,500,000 to begin
preparation and training for presidential candidate nominee
protection for the 2016 presidential election, including for
protective vehicles and communications technology; and
$4,000,000 to establish the protective detail for the next
former President.
The amount provided for this appropriation by PPA is as
follows:

[[Page H284]]

Total, Salaries and Expenses.............................. $1,585,970 $1,615,860
----------------------------------------------------------------------------------------------------------------

White House Complex Security

Recent incidents at the White House have raised serious
concerns about the leadership and management of the Secret
Service. In its Security Report on the White House Incursion
Incident of September 19, 2014, the Department highlighted
critical failures in information sharing and communications,
confusion about operational protocols, and gaps in training
at the White House Complex. While some of these problems can
be attributed to insufficient resources requested by DHS and
the Office of Management and Budget, others are systemic and
appear to reflect broader cultural challenges within the
Secret Service. To begin addressing some of these shortfalls,
the bill provides an additional $25,000,000 in the Protection
of Persons and Facilities PPA. These resources shall be used
in part to support additional tactical canine units and
staff, assess and bolster security infrastructure at both the
White House Complex and Vice President's Residence, and fund
overtime and training. The Secret Service is directed to
brief the Committees not later than 60 days after the date of
enactment of this Act on its plans for using these additional
resources to provide the necessary security enhancements and
training.

Professionalism within the Workforce

As described in the House report, recurring allegations of
misconduct within the Secret Service are deeply
disappointing. The Secret Service is expected to take all
steps necessary to ensure that it has in place the proper
training and protocols to prevent similar incidents and to
hold violators accountable for their actions. Accordingly,
the bill withholds $10,000,000 from obligation for
Headquarters, Management and Administration until the Secret
Service submits to the Committees, not later than 90 days
after the date of enactment of this Act, a report providing
evidence that the Secret Service has sufficiently reviewed
its professional standards of conduct; issued new guidance
for the procedures and conduct of employees when engaged in
overseas operations and protective missions; and instituted a
professional standards policy consistent with the agency's
critical missions and unique position of public trust.

Electronic Crimes Investigations and State and Local Cybercrime
Training

As detailed in the House and Senate reports, a total of
$108,437,000 is provided for the Secret Service's various
cyber activities, including electronic crimes investigations
and state and local cybercrime training. Within this total,
not less than $12,000,000 is provided for the robust support
and expansion of basic and advanced training for state and
local law enforcement personnel, judges, and prosecutors to
combat cybercrime.

National Special Security Event Fund

A total of $4,500,000 is provided to defray costs
associated with the Secret Service's statutory responsibility
to direct the planning and coordination of National Special
Security Events (NSSEs). As described in the House report,
the Secret Service shall provide periodic updates on NSSEs
planned for fiscal year 2015 prior to and following each
event.

Technology Activities

The bill provides a total of $1,025,000 for Information
Integration and Technology Transformation activities of the
Secret Service. The Secret Service is directed to brief the
Committees on all Secret Service information technology
activities to include the information previously required in
the multi-year investment plan.

Strategic Human Capital Plan

Not later than 60 days after the date of enactment of this
Act, the Secret Service is directed to provide a strategic
human capital plan for fiscal years 2015 through 2019 that
aligns mission requirements with resource projections and
delineates between protective and investigative missions. The
plan shall address how projected resources can provide the
appropriate combination of special agents and Uniformed
Division officers to avoid routine leave restrictions, enable
a regular schedule of mission-critical training, and provide
appropriate levels of support staffing.

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

A total of $49,935,000 is provided for Acquisition,
Construction, Improvements, and Related Expenses, including
$5,380,000 for facilities and $44,555,000 for investments in
Information Integration and Technology Transformation
programs.

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

National Protection and Programs Directorate

management and administration

A total of $61,651,000 is provided for Management and
Administration (M&A) of the National Protection and Programs
Directorate (NPPD). The request to transfer 18 FTE from OBIM
to the NPPD M&A PPA is denied; therefore, the $2,914,000 for
these FTE is included in the total provided for OBIM. The
bill includes a new provision requiring NPPD to submit its
fiscal year 2016 budget request by office and PPA. All
information shall be submitted in the congressional budget
justification and clearly demonstrate funding levels and
projected program outcomes. NPPD is directed to brief the
Committees quarterly on a plan for the obligation and
expenditure of funds for all accounts, as specified under
Title I of this statement.

infrastructure protection and information security

A total of $1,188,679,000 is provided for Infrastructure
Protection and Information Security (IPIS), of which
$225,000,000 is available until September 30, 2016.
A provision is included permitting the use of funds for
Next Generation Networks activities if there are delays due
to contract actions in other programs. The provision is
provided to promote the best use of funds only if there are
unavoidable delays in other critical activities.
The amount provided for this appropriation by PPA is as
follows:

( $000 )
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
Infrastructure Protection:
Infrastructure Analysis and Planning...................... $63,999 $64,494
Sector Management and Governance.......................... 63,136 64,961
Regional Field Operations................................. 57,034 56,550
Infrastructure Security Compliance........................ 86,976 85,027
-------------------------------------------------
Subtotal, Infrastructure Protection................... 271,145 271,032
Cybersecurity and Communications:
Cybersecurity:
Cybersecurity Coordination............................ 4,330 4,311
US Computer Emergency Readiness Team (US-CERT) 98,794 98,573
Operations...........................................
Federal Network Security.............................. 171,500 171,000
Network Security Deployment........................... 377,690 377,000
Global Cybersecurity Management....................... 17,613 25,873
Critical Infrastructure Cyber Protection and Awareness 70,963 70,919
Business Operations................................... 5,554 5,524
-------------------------------------------------
Subtotal, Cybersecurity........................... 746,444 753,200
Communications:
Office of Emergency Communications.................... 36,480 37,335
Priority Telecommunications Services.................. 53,381 53,324
Next Generation Networks.............................. 69,571 53,293
Programs to Study and Enhance Telecommunications...... 10,106 10,092
Critical Infrastructure Protection Programs........... 10,439 10,403
-------------------------------------------------
Subtotal, Communications.......................... 179,977 164,447
-------------------------------------------------
Subtotal, Cybersecurity and Communications................ 926,421 917,647
-------------------------------------------------
Total, Infrastructure Protection and Information Security..... $1,197,566 $1,188,679
----------------------------------------------------------------------------------------------------------------

[[Page H285]]

Infrastructure Protection

It is critical that NPPD maintain a robust infrastructure
information and analysis capability to guide decision-making
that helps prevent and respond to incidents. Within the
amount provided for Infrastructure Analysis and Planning,
$17,150,000 is for the National Infrastructure Simulation and
Analysis Center; $15,500,000 is for Vulnerability
Assessments; and $9,000,000 is for the Office of Bombing
Prevention.
NPPD shall expand its efforts to strengthen the ability of
government and private sector critical infrastructure
partners to assess risks, coordinate programs and processes,
and execute risk management programs and activities.
Accordingly, a total of $64,961,000 is provided for Sector
Management and Governance, which includes $2,000,000 above
the request 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 needs and requirements.
As described in the Senate report, NPPD shall provide semi-
annual reports on the implementation of the Chemical Facility
Anti-Terrorism Standards (CFATS) program that include the
numbers of facilities covered; inspectors; completed
inspections; inspections completed by region; pending
inspections; days inspections are overdue; enforcement
actions resulting from inspections; and enforcement actions
overdue for resolution.
As described in the House and Senate reports, NPPD's
excessive use of administratively uncontrollable overtime
(AUO) was inappropriate. As a result, the President's budget
request for Infrastructure Security Compliance has been
reduced. NPPD shall brief the Committees on implementation of
its new overtime policies and on overtime year-to-date and
anticipated expenditures, not later than May 1, 2015.

Federal System Cybersecurity

The process of instituting base capabilities to secure the
.gov domain remains onerous, prohibiting efficient
implementation and the opportunity to make protections more
broadly available to critical infrastructure operators and
state and local governments. NPPD is directed to move as
expeditiously as possible, working with the Tier I internet
service providers, other partners, and Federal departments
and agencies, to deploy intrusion prevention security systems
and continuous diagnostics capabilities. As part of NPPD's
quarterly briefings on obligations and expenditures, NPPD
shall keep the Committees apprised of the deployment
schedules associated with its major cybersecurity programs.
DHS has made progress through its collaborative efforts
with Federal agencies in overcoming obstacles and
implementing cybersecurity tools while safeguarding sensitive
information. A recent agreement with the Census Bureau to use
EINSTEIN services and the U.S. Computer Emergency Readiness
Team should be used as a template for other Federal agencies
that have been reticent to take advantage of EINSTEIN
services because of concerns about protecting sensitive data.

Cybersecurity Workforce

A total of $25,873,000 is provided for Global Cybersecurity
Management, of which no less than $15,810,000 is for
cybersecurity education. As described in the Senate report,
NPPD is directed to conduct a review of the feasibility and
benefit (including cost savings and security) of using
cybersecurity personnel and facilities outside of the
National Capital Region to serve Federal and national needs.
Findings of this review shall be reported to Congress not
later than 120 days after the date of enactment of this Act.

federal protective service

A total of $1,342,606,000 is provided for the Federal
Protective Service (FPS), as requested. This amount is fully
offset by collections of security fees. Pursuant to the
Senate report, the Secretary is directed to certify, not
later than 30 days after the date of enactment of this Act
that FPS will collect sufficient revenue and fees to fully
fund operations and 1,371 FTE, including no less than 1,007
in law enforcement, as requested in the budget. A provision
is included requiring that a strategic human capital plan be
submitted with the President's fiscal year 2016 budget
proposal.

office of biometric identity management

A total of $252,056,000 is provided for the Office of
Biometric Identity Management (OBIM). The request to transfer
18 FTE from OBIM to the NPPD M&A PPA is denied; therefore,
the $2,914,000 for these FTE is included in the total
provided for OBIM. Not less than $25,382,000 is provided for
IDENT system improvements and modernization efforts. OBIM is
directed to brief the Committees on a plan for the obligation
and expenditure of funds, as specified under Title I of this
statement.
OBIM is directed to continue to brief the Committees semi-
annually on its workload and service levels, staffing,
modernization efforts, and other operations, with the first
briefing not later than 90 days after the date of enactment
of this Act. These briefings shall include an update on the
estimated costs and schedule for replacing the current IDENT
system and the schedule for enrolling TSA's special vetted
populations and DHS employees and contractors into IDENT.
OBIM shall also continue semi-annual briefings on
interagency coordination with the Departments of Justice,
Defense, and State, and progress towards integrating the
various biometric systems, including Unique Identity.

Office of Health Affairs

A total of $129,358,000 is provided for the Office of
Health Affairs (OHA). Of the total amount, $86,891,000 is for
BioWatch; $824,000 is for the Chemical Defense Program;
$10,500,000 is for the National Biosurveillance Integration
Center (NBIC); $4,995,000 is for Planning and Coordination;
and $26,148,000 is for Salaries and Expenses.

Biosurveillance Activities

The bill provides an increase of $2,240,000 to begin
replacement of aging BioWatch equipment to maintain current
biodetection capabilities. OHA and the Science and Technology
Directorate are directed to brief the Committees not later
than 60 days after the date of enactment of this Act on the
path forward for BioWatch and biosurveillance programs.

National Biosurveillance Integration Center

The bill provides $10,500,000 for NBIC, $2,500,000 above
the amount requested, including a total of $3,400,000 to
operationalize successful pilots funded in prior years. Prior
to obligating this operationalization funding, OHA shall
brief the Committees on its evaluation of the NBIC pilot
projects and its proposal to operationalize successful
pilots, including the resulting capability enhancements and
funding requirements for those activities in fiscal year 2015
and future years.

Federal Emergency Management Agency

salaries and expenses

A total of $934,396,000 is provided for Salaries and
Expenses. Within the total, not less than: $2,000,000 is for
the Emergency Management Assistance Compact; $4,199,515 is
for the National Hurricane Program; $8,500,000 is for the
National Earthquake Hazards Reduction Program; $9,100,000 is
for the National Dam Safety Program; and $4,000,000 is for
automation modernization. Of the total, $30,000,000 is for
capital improvements to the Mount Weather Emergency
Operations Center. A provision is included providing funding
related to modernization of automated systems.
It is noted that the reprogramming notification
requirements delineated in section 503 of this Act apply to
the movement of funds between and among programs, projects,
or activities (PPAs). In that regard, while the funding table
included at the end of this statement provides guidance on
reprogramming control levels, section 503 notification
requirements also apply to funding amounts referenced in
budget justification materials, Committee reports, and ``new
starts,'' defined as any significant new activity that has
not been explicitly justified to the Congress in budget
justification material and appropriated by the Congress
during the normal budget process. When determining which
movements of funds are subject to section 503, FEMA is
reminded to follow GAO's definition of ``program, project, or
activity'' as detailed in the GAO's A Glossary of Terms Used
in the Federal Budget Process.
The amount provided for this appropriation by PPA is as
follows:

[[Page H286]]

Budget Justification

As directed in Title I of this explanatory statement, FEMA
shall include funding and FTE information in the budget
justifications for fiscal year 2016, to include the prior
year actual funding level, an estimate for current year
funding, and the request for the budget year for all PPAs,
programs, and sub-programs.

Training Assessment

As directed in the Senate report under the State and Local
Programs appropriation, FEMA shall brief the Committees on
the results of the review of its training programs when
completed. The briefing shall include the requirements for
attaining the personnel qualification levels dictated in the
recent 2014-2018 FEMA Strategic Plan.

Automation Modernization

A total of $4,000,000 is provided for automation
modernization. In lieu of the direction by the Senate, the
Administrator of FEMA and the DHS CIO shall brief the
Committees on the expenditure plan for automation
modernization to include the prior year actual funding level,
an estimate for current year funding, and the request for the
budget year.

Roles and Missions Review of Regional Offices

The FEMA Administrator is encouraged to conduct an
assessment that shall provide advice and recommendations
regarding the appropriate roles and missions of the FEMA
Regional Offices for the purpose of maximizing the Agency's
ability to carry out authorized activities and determining
budgetary requirements. The assessment will seek to identify
and distinguish, in consideration of each region's unique
requirements due to geography, demographics, and other
factors, which FEMA Regional Office roles, missions, and
functions might be added or enhanced; maintained at current
levels of performance; reduced, eliminated, or moved; or
better performed by private organizations (by contract or
otherwise), public authorities, local or state governments,
or other Federal agencies. The assessment will be completed
not later than 180 days after the date of enactment of this
Act.

DHS Unity of Effort

Associated with the Department's Unity of Effort
initiative, $1,138,000 is realigned from the DHS Office of
Policy to the Mitigation PPA for the Resilience STAR program;
$900,000 is realigned from the DHS Office of Operations
Coordination and Planning (OPS) to the Response PPA for the
Very Small Aperture Terminal (VSAT) project; and $500,000 is
realigned from OPS to the Response PPA for the Interagency
Modeling and Atmospheric Center.

state and local programs

A total of $1,500,000,000 is provided for State and Local
Programs, to be distributed by PPA as follows:

( $000 )
----------------------------------------------------------------------------------------------------------------
Budget Estimate Final Bill
----------------------------------------------------------------------------------------------------------------
State Homeland Security Grant Program......................... - - - $467,000
Operation Stonegarden..................................... - - - (55,000)
Urban Area Security Initiative................................ - - - 600,000
Nonprofit Security Grants................................. - - - (13,000)
Public Transportation Security Assistance and Railroad - - - 100,000
Security Assistance..........................................
Amtrak Security........................................... - - - (10,000)
Over-the-Road Bus Security................................ - - - (3,000)
Port Security Grants.......................................... - - - 100,000
-------------------------------------------------
Subtotal, Discretionary Grants........................ - - - 1,267,000
Education, Training, and Exercises:
Emergency Management Institute............................ - - - 20,569
Center for Domestic Preparedness.......................... - - - 64,991
National Domestic Preparedness Consortium................. - - - 98,000
National Exercise Program................................. - - - 19,919
Continuing Training....................................... - - - 29,521
-------------------------------------------------
Subtotal, Education, Training, and Exercises.......... - - - 233,000
-------------------------------------------------
National Preparedness Grant Program........................... $1,043,200 - - -
First Responder Assistance Program:
Emergency Management Performance Grants................... 350,000 - - - \1\
Fire Grants............................................... 335,000 - - - \1\
Staffing for Adequate Fire and Emergency Response (SAFER) 335,000 - - - \1\
Act Grants...............................................
Training Partnership Grants............................... 60,000 - - -
Education, Training, and Exercises........................ 102,269 - - -
-------------------------------------------------
Subtotal, First Responder Assistance Program.......... 1,182,269 - - -
-------------------------------------------------
Total, State and Local Programs........................... $2,225,469 $1,500,000
----------------------------------------------------------------------------------------------------------------
\1\ Funds appropriated in separate accounts.

Provisions are included specifying timeframes for grant
awards, limiting grantee administrative costs to five percent
of the total amount of each grant, permitting the
construction of communication towers under certain
conditions, requiring reports from grantees as necessary, and
permitting the use of certain funds for security buffer zones
at FEMA facilities.

Education, Training, and Exercises

A total of $233,000,000 is provided for Education,
Training, and Exercises. Within the total, $29,521,000 is for
Continuing Training, including $3,500,000 for rural first
responder training and not less than $2,000,000 for hazardous
materials training.

Urban Area Security Initiative

Consistent with the 9/11 Act, FEMA shall conduct risk
assessments for the 100 most populous metropolitan areas
prior to making Urban Area Security Initiative (UASI) grant
awards. Because most of the cumulative national terrorism
risk to urban areas is focused on a relatively small number
of cities, it is expected that UASI funding will be limited
to urban areas representing up to 85 percent of such risk and
that resources will continue to be allocated in proportion to
risk.

firefighter assistance grants

A total of $680,000,000 is provided for Firefighter
Assistance Grants, including $340,000,000 in grants for
firefighter equipment, protective gear, emergency vehicles,
training and other resources, and $340,000,000 for
firefighter staffing grants.

emergency management performance grants

A total of $350,000,000 is provided for Emergency
Management Performance Grants.

radiological emergency preparedness program

Statutory language is included providing for the receipt
and expenditure of fees collected, as authorized by Public
Law 105-276.

united states fire administration

A total of $44,000,000 is provided for the United States
Fire Administration.

disaster relief fund

(including transfer of funds)

A total of $7,033,464,494 is provided for the Disaster
Relief Fund (DRF), of which $6,437,792,622 is designated as
being for disaster relief for major disasters pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985. A provision is included
transferring $24,000,000 to the OIG for audits and
investigations related to all disasters.
A general provision is included in Title V of this Act
rescinding $375,000,000 from amounts provided for non-major
disaster response in prior years due to the significant
balances carried over from fiscal year 2014 and amounts
recovered from previous disasters during project closeouts.
The remaining balances, combined with the amount appropriated
in this bill, fully fund all known requirements, to include
recovery from Hurricane Sandy, the Colorado wildfires, the
Oklahoma tornadoes, and other previous disasters, as well as
an estimate of relief efforts for future disasters.
In lieu of direction in the House report directing FEMA to
provide a report on the Public Assistance Alternative
Procedures Program to certain committees, FEMA shall provide
the report to Congress.
As directed in Title I of this statement, FEMA shall
include in the budget justification for fiscal year 2016 a
detailed justification for all categories funded with base
discretionary funding, including a detailed obligation plan
for the Disaster Readiness Support (DRS) program.
Additionally, FEMA shall provide briefings on the obligation
and expenditure of DRS funding not later than 30 days after
the date of enactment of this Act and semi-annually
thereafter.
FEMA is directed to continue rigorous efforts to prevent
improper payments to citizens seeking disaster assistance.
Reclaiming funds from individuals during a financially
fragile time is destructive and can leave families in ruin.
If an improper payment is made, FEMA shall implement the
appeals process efficiently and pay diligent attention to
overpayments made due to FEMA's error. If the improper
payment cannot be forgiven,

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FEMA shall work with individuals based on ability to make the
repayment.
FEMA shall make every effort to assist Federal agencies,
including HUD, to find acceptable proof of work for
completion of home elevations.

flood hazard mapping and risk analysis program

A total of $100,000,000 is provided for Flood Hazard
Mapping and Risk Analysis.

national flood insurance fund

A total of $179,294,000 is provided for the National Flood
Insurance Fund, for which administrative costs shall not
exceed four percent.
FEMA is encouraged to promote more extensive use of the
Community Rating System (CRS) nationwide. FEMA is directed to
dedicate resources for robust implementation of CRS and to
continue working with institutions with expertise in
floodplain management and disaster risk management that can
provide direct technical assistance to communities to develop
applications.

national predisaster mitigation fund

A total of $25,000,000 is provided for the National
Predisaster Mitigation Fund, to remain available until
expended.

emergency food and shelter

A total of $120,000,000 is provided for the Emergency Food
and Shelter (EFS) program, of which administrative costs
shall not exceed 3.5 percent. A provision, as proposed in the
budget request, is not included for the FEMA Administrator to
transfer the funding and administrative responsibility for
EFS to the Department of Housing and Urban Development (HUD).
While the proposal to transfer EFS to HUD has merits,
outreach with appropriate stakeholders is required to ensure
a successful transition. Should such a transfer be proposed
in future budget requests, it is expected that FEMA and HUD
will have a comprehensive outreach strategy as well as a full
transition plan as part of such proposal.

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

United States Citizenship and Immigration Services

E-Verify

A total of $124,435,000 is provided in discretionary
appropriations for E-Verify.

Federal Law Enforcement Training Center

salaries and expenses

A total of $230,497,000 is provided for Salaries and
Expenses. The amount available for official reception and
representation expenses, $7,180, reflects recent historic
expenditures for this purpose. FLETC is directed to brief the
Committees on a plan for the obligation and expenditure of
funds, as specified under Title I of this statement.

acquisitions, construction, improvements, and related expenses

A total of $27,841,000 is provided for Acquisition,
Construction, Improvements, and Related Expenses. FLETC shall
submit, not later than 180 days after the date of enactment
of this Act, an updated five-year comprehensive master plan
for its four training centers.

Science and Technology

management and administration

A total of $129,993,000 is provided for Management and
Administration. This amount includes funds realigned from the
DHS Office of Operations Coordination and Planning for the
S&T NextGen Air Transportation System, as part of the
Secretary's Unity of Effort initiative.

research, development, acquisition, and operations

A total of $973,915,000 is provided for Research,
Development, Acquisition, and Operations. In lieu of
quarterly reports, the Science and Technology Directorate
(S&T) is directed to provide semi-annual briefings to the
Committees on the review and prioritization of each S&T-
funded R&D project, including documentation on how each
newly-funded project meets S&T's prioritization and funding
criteria.
The amount provided for this appropriation by PPA is as
follows:

Research, Development, and Innovation

A total of $457,499,000 is provided for Research,
Development, and Innovation. S&T is directed to brief the
Committees not later than 30 days after the date of enactment
of this Act on the proposed allocation of funds by project
and thrust area, and to provide quarterly status briefings on
the plan and any changes from the original allocation.

Cybersecurity Research

The House and Senate reports both emphasized cybersecurity
research as a strong priority. In addition, the Department is
strongly encouraged to expand its work with cyber research
infrastructure test beds and accompanying cyber education.

Apex Projects

As directed in both the House and Senate reports, S&T shall
brief the Committees not later than 30 days after the date of
enactment of this Act on the Apex funding allocation by
project and on progress made to field improved technologies.

National Bio- and Agro-defense Facility

The bill provides $434,989,000 for Laboratory Facilities,
of which $300,000,000 is for construction of the National
Bio- and Agro-defense Facility.

Component Liaison Program

Not later than 60 days after the date of enactment of this
Act, S&T shall submit a plan to the Committees on the
proposed structure of a liaison program that establishes a
permanent mechanism for interaction between S&T and the
components.

University Programs

A total of $39,724,000 is provided for University Programs,
which will allow S&T to fund all existing centers at an
appropriate level and the new center expected to be awarded
in fiscal year 2015. S&T shall brief the Committees not later
than 45 days after the date of enactment of this Act on the
status of competitively selecting the new center.

Domestic Nuclear Detection Office

MANAGEMENT AND ADMINISTRATION

A total of $37,339,000 is provided for Management and
Administration. As directed in the Senate report, in lieu of
an annual report, DNDO shall brief the Committees annually on
the Department's strategic investment plan, including DNDO's
ability to surge capabilities with Federal, state, and local
level assets to respond to suspected radiological threats.

RESEARCH, DEVELOPMENT, AND OPERATIONS

A total of $197,900,000 is provided for Research,
Development, and Operations. Included in this amount is an
increase of $1,000,000 above the request to restore cuts to
the National Nuclear Forensics Expertise Development Program.
The amount provided for this appropriation by PPA is as
follows:

Systems Acquisition

The bill provides a total of $72,603,000 for Systems
Acquisition.
The amount provided for this appropriation by PPA is as
follows:

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TITLE V--GENERAL PROVISIONS

Section 501. A provision proposed by the House and Senate
is continued that no part of any appropriation shall remain
available for obligation beyond the current year unless
expressly provided.
Section 502. A provision proposed by the House and Senate
is continued that unexpended balances of prior appropriations
may be merged with new appropriation accounts and used for
the same purpose, subject to reprogramming guidelines.
Section 503. A provision proposed by the House and Senate
is continued that limits authority to reprogram
appropriations within an account and provides authority to
transfer up to five percent between appropriations accounts
with 15-day advance notification to the Committees.
Congressional control levels for reprogramming purposes
include, but are not limited to, the amounts identified in
the detailed funding table located at the end of this
statement. These reprogramming guidelines shall be complied
with by all agencies funded by this Act.
The Department shall submit reprogramming requests 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 request 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 staffing (full-time equivalent position) levels
for the current fiscal year and to 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. The Department should only
submit reprogramming or transfer requests in the case of an
unforeseeable emergency or situation that could not have been
predicted when formulating the budget request for the current
fiscal year. When the Department submits a reprogramming or
transfer request to the Committees and does not receive
identical responses from the House and Senate, it is the
responsibility of the Department to reconcile the House and
Senate differences before proceeding and, if reconciliation
is not possible, to consider the reprogramming or transfer
request not approved.
Unless an initial notification has been provided, the
Department is not to submit a reprogramming or transfer of
funds notification 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 submittal should
contain sufficient documentation as to why it meets this
statutory exception.
Section 504. A provision proposed by the House and Senate
is continued that prohibits 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 2015 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 contributing component. Any funds paid in
advance or reimbursed must reflect the full cost of each
service. The Department shall submit a notification for the
addition or removal of any activity to the fund and shall
submit quarterly execution reports with activity level
detail.
Section 505. A provision proposed by the House and Senate
is continued that not to exceed 50 percent of unobligated
balances remaining at the end of fiscal year 2015 from
appropriations made for salaries and expenses shall remain
available through fiscal year 2016 subject to section 503
reprogramming guidelines.
Section 506. A provision proposed by the House and Senate
is continued that funds for intelligence activities are
deemed to be specifically authorized during fiscal year 2015
until the enactment of an Act authorizing intelligence
activities for fiscal year 2015.
Section 507. A provision proposed by the House and Senate
is continued and modified requiring notification of the
Committees three days before grant allocations, grant awards,
contract awards, other transactional agreements, letters of
intent, a task or delivery order on a multiple contract award
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, are announced by the Department, including contracts
covered by the Federal Acquisition Regulation. The Department
is required to brief the Committees five full business days
prior to announcing the intention to make a grant under State
and Local Programs. Notification shall include a description
of the project or projects to be funded, including city,
county, and state.
Section 508. A provision proposed by the House and Senate
is continued that no agency shall purchase, construct, or
lease additional facilities for Federal law enforcement
training without advance approval of the Committees.
Section 509. A provision proposed by the House and Senate
is continued that none of the funds may be used 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. A provision proposed by the House and Senate
is continued that consolidates by reference prior year
statutory bill language into one provision. These provisions
relate to 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. A provision proposed by the House and Senate
is continued that none of the funds may be used in
contravention of the Buy American Act.
Section 512. A provision proposed by the House and Senate
is continued regarding the oath of allegiance required by
section 337 of the Immigration and Nationality Act.
Section 513. A provision proposed by the House and Senate
is continued and modified requiring the Chief Financial
Officer to submit monthly budget execution and staffing
reports within 30 days after the close of each month.
Section 514. A provision proposed by the House and Senate
is continued and modified directing that any funds
appropriated or transferred to TSA's Aviation Security,
Administration, and Transportation Security Support
appropriations in fiscal years 2004 and 2005 that are
recovered or deobligated shall be available only for
procurement and installation of explosives detection systems,
air cargo, baggage, and checkpoint screening systems, subject
to notification. Semi-annual reports must be submitted
identifying any funds that are recovered or deobligated.
Section 515. A provision proposed by the Senate is included
regarding competitive sourcing for USCIS. The House proposed
no similar provision.
Section 516. A provision proposed by the House and Senate
is continued for fiscal year 2015 requiring that any funds
appropriated to the Coast Guard's 110-123 foot patrol boat
conversion that are recovered, collected, or otherwise
received as a result of negotiation, mediation, or
litigation, shall be available until expended for the Fast
Response Cutter program.
Section 517. A provision proposed by the House and Senate
is continued classifying the functions of the instructor
staff at the Federal Law Enforcement Training Center as
inherently governmental for purposes of the Federal
Activities Inventory Reform Act.
Section 518. A provision proposed by the House and Senate
is continued regarding grants or contracts awarded by any
means other than full and open competition. The Inspector
General is required to review Departmental contracts awarded
noncompetitively and report on the results to the Committees.
Section 519. A provision proposed by the House is included
that prohibits funding pertaining to the Principal Federal
Official during a Stafford Act declared disaster or
emergency, with certain exceptions. The Senate proposed no
similar provision.
Section 520. A provision proposed by the House and Senate
is continued that precludes DHS from using funds in this Act
to carry out reorganization authority. This prohibition is
not intended to prevent the Department from carrying out
routine or small reallocations of personnel or functions
within components, subject to section 503 of this Act. This
language prevents large scale reorganization of the
Department, which should be acted on legislatively by the
relevant congressional committees of jurisdiction.
Section 521. A provision proposed by the Senate is included
prohibiting the Secretary from reducing operations within the
Coast Guard's Civil Engineering Program except as
specifically authorized by a statute enacted after the date
of enactment of this Act. The House proposed no similar
provision.
Section 522. A provision proposed by the House and Senate
is continued that prohibits funding to grant an immigration
benefit to any individual unless the results of the
background checks required in statute, to be completed prior
to the grant of the benefit, have been received by DHS.
Section 523. A provision proposed by the House and Senate
is continued extending other transactional authority for DHS
through fiscal year 2015.
Section 524. A provision proposed by the House and Senate
is continued requiring the

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Secretary to link all contracts that provide award fees to
successful acquisition outcomes.
Section 525. A provision proposed by the House and Senate
is continued regarding waivers of the Jones Act.
Section 526. A provision proposed by the House and Senate
is continued related to prescription drugs.
Section 527. A provision proposed by the Senate is included
prohibiting funds from being used to reduce the Coast Guard's
Operations Systems Center mission or its government-employed
or contract staff. The House proposed no similar provision.
Section 528. A provision proposed by the House and Senate
is continued requiring the Secretary, in conjunction with the
Secretary of the Treasury, to notify the Committees of any
proposed transfers from the Department of Treasury Forfeiture
Fund to any agency within DHS. No funds may be obligated
until the Committees approve the proposed transfers.
Section 529. A provision proposed by the House and Senate
is continued prohibiting funds for planning, testing,
piloting, or developing a national identification card.
Section 530. A provision proposed by the Senate is included
prohibiting funds to be used to conduct or implement the
results of a competition under Office of Management and
Budget Circular A-76 with respect to the Coast Guard National
Vessel Documentation Center. The House proposed no similar
provision.
Section 531. A provision proposed by the House and Senate
is continued that requires a report to be posted on the FEMA
website summarizing damage assessment information used to
determine whether to declare a major disaster.
Section 532. A provision proposed by the House and Senate
is continued directing that any official required by this Act
to report or to certify to the Committees on Appropriations
may not delegate any such authority unless expressly
authorized to do so in this Act.
Section 533. A provision proposed by the House and Senate
is continued prohibiting the use of funds for the transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba.
Section 534. A provision proposed by the House and Senate
is continued prohibiting funds in this Act to be used for
first-class travel.
Section 535. A provision proposed by the House and Senate
is continued prohibiting funds to be used to employ illegal
workers as described in Section 274A(h)(3) of the Immigration
and Nationality Act.
Section 536. A provision proposed by the House and Senate
is continued and made permanent relating to the proper
disposal of personal information collected through the
Registered Traveler program.
Section 537. A provision proposed by the House and Senate
is continued 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 538. A provision proposed by the House and Senate
is continued that requires any new processes developed to
screen aviation passengers and crews for transportation or
national security to consider privacy and civil liberties,
consistent with applicable laws, regulations, and guidance.
Section 539. A provision proposed by the House and Senate
is continued that permits the allocation of funds for an
immigrant integration grants program. The grants shall be
used to provide services to individuals who have been
lawfully admitted into the U.S. for permanent residence.
Section 540. A provision proposed by the Senate is included
providing a total of $48,600,000 for consolidation of the new
DHS headquarters at St. Elizabeths and related mission
support activities. The House proposed no similar provision.
Section 541. A provision proposed by the House and Senate
is continued prohibiting funds appropriated or otherwise made
available by this Act for DHS 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 542. A provision proposed by the House and Senate
is included and modified providing $34,072,000 for financial
systems modernization activities to be allocated by the
Secretary and allowing the Secretary to transfer financial
systems modernization funds made available by this Act
between appropriations after notifying the Committees 15 days
in advance. Funding is available for two years.
Section 543. A provision proposed by the House and Senate
is continued providing flexibility to the Department in
responding to an immigration emergency, subject to
notification.
Section 544. A provision proposed by the House and Senate
is continued permitting the Department to sell ICE-owned
detention facilities and use the proceeds from any sale for
improvement to other facilities provided that any such sale
will not result in the maintenance of fewer than 34,000
detention beds.
Section 545. A provision proposed by the House and Senate
is continued and modified pertaining to multi-year investment
and management plans for certain activities within CBP and
ICE.
Section 546. A provision proposed by the House and Senate
is continued and modified stating that the Secretary shall
ensure enforcement of all immigration laws.
Section 547. A provision proposed by the House and Senate
is included and modified regarding Federal Network Security.
Section 548. A provision proposed by the House and Senate
is continued regarding restrictions on electronic access to
pornography, except for law enforcement purposes.
Section 549. A provision proposed by the House and Senate
is continued regarding the transfer of firearms by Federal
law enforcement personnel.
Section 550. A provision proposed by the House and Senate
is continued prohibiting any funds from this or any other Act
to be used for creation of the National Preparedness Grant
Program or any successor grant programs unless explicitly
authorized by Congress.
Section 551. A provision proposed by the House is included
prohibiting funds for the position of Public Advocate or a
successor position within ICE. The Senate proposed no similar
provision.
Section 552. A provision proposed by the House and Senate
is included and modified amending Division F of Public Law
113-76, and Division D of Public Law 113-6, regarding
reimbursable public-private partnerships and donation
authority related to CBP port of entry operations.
Section 553. A provision proposed by the House and Senate
is continued regarding funding restrictions and reporting
requirements related to conferences occurring outside of the
United States.
Section 554. A provision proposed by the House and Senate
is continued that prohibits funds made available by this Act
to reimburse any Federal department or agency for its
participation in a NSSE.
Section 555. A provision proposed by the House and Senate
is included and modified requiring certification to Congress
for new air preclearance operations.
Section 556. A provision proposed by the House is included
prohibiting any funds from this or any other Act to be used
to require airport operators to provide airport-financed
staffing to monitor exit points from the sterile area of any
airport at which TSA provided such monitoring as of December
1, 2013. The Senate proposed no similar provision.
Section 557. A provision proposed by the House and Senate
is continued providing the Secretary discretion to waive
certain provisions of law related to requirements for
Staffing for Adequate Fire and Emergency Response (SAFER)
grants.
Section 558. A provision proposed by the House and Senate
is continued that prohibits the collection of new land border
fees or the study of the imposition of such border fees.
Section 559. A provision proposed by the Senate is included
pertaining to the temporary reemployment of administrative
law judges for arbitration dispute resolution. The House
proposed no similar provision.
Section 560. A provision proposed by the House and Senate
is continued that clarifies that fees collected pursuant to
the Colombia Free Trade Agreement are available until
expended.
Section 561. A provision proposed by the Senate is included
related to user fee proposals that have not been enacted into
law prior to submission of the budget. The House proposed no
similar provision.
Section 562. A provision proposed by the House is included
requiring the Secretary to report on the Department's
requirements for and usage of weapons. The Senate proposed no
similar provision.
Section 563. A provision proposed by the House is included
which prohibits funds from being used for environmental
remediation of LORAN support in a specified location. The
Senate proposed no similar provision.
Section 564. A provision proposed by the House and Senate
is included directing the inclusion of budget justification
for any structural pay reform that affects more than 100 FTE
positions or costs more than $5,000,000.
Section 565. A provision proposed by the Senate is included
and modified 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. The House
proposed no similar provision.
Section 566. A provision proposed by the Senate is included
repealing section 605 of Public Law 110-161 related to land
border port of entry technology demonstration projects. The
House proposed no similar provision.
Section 567. A provision proposed by the Senate is included
regarding a transfer to the Disaster Relief Fund from the
Disaster Assistance Direct Loan Program. The transfer has no
impact on ongoing loan determinations. The House proposed no
similar provision.
Section 568. A provision proposed by the House and Senate
is included deeming a Transportation Security Officer, who
died as the direct result of an injury sustained in the line
of duty on November 13, 2013, as having been a public safety
officer for the purposes of the Omnibus Crime Control and
Safe Streets Act of 1968.
Section 569. A provision proposed by the House and Senate
is included requiring OMB and DHS to include in budget
justifications budget estimates for costs related to UAC.

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Section 570. A provision proposed by the Senate is included
regarding the Fire Management Assistance Grant Program. The
House proposed no similar provision.
Section 571. A new provision is included regarding
reprogramming and transfer authority for CBP and ICE Salaries
and Expenses accounts related to the care and transportation
of unaccompanied alien children.
Section 572. A new provision is included making costs of
providing humanitarian relief to unaccompanied alien children
and to alien adults and their minor children an eligible use
for certain Homeland Security grants to Southwest border
recipients for fiscal years 2013 and 2014. State and local
costs to include the costs of personnel, overtime and travel
related to enhancing border security are already eligible
expenses under the major Homeland Security grant programs;
however, costs associated with the immediate care and
transportation of UAC and families that were incurred by
state and local jurisdictions would otherwise not be
eligible.
The influx of UAC and families that came across the
Southwest border overwhelmed Federal resources and put a
burden on state and local jurisdictions, particularly small
counties along the border. This created not only a
humanitarian crisis but also a greater vulnerability to
terrorism and other security risks to our Nation.

Rescissions

Section 573. A provision proposed by the House and Senate
is included and modified rescinding unobligated balances from
specified programs.
Section 574. A provision proposed by the House and Senate
is included and modified rescinding specified funds from the
Treasury Forfeiture Fund.
Section 575. A provision proposed by the House and Senate
is included and modified rescinding unobligated balances from
legacy programs.
Section 576. A new provision is included rescinding
unobligated lapsed balances from DHS programs.
Section 577. A provision proposed by the House and Senate
is continued and modified rescinding unobligated balances
from FEMA DRF.
Section 578. A new provision is included that allows that
the explanatory statement regarding this Act, printed in the
House of Representatives section of the Congressional Record,
shall have the same effect with respect to the allocation of
funds and implementation of this Act as if it were a joint
explanatory statement of a committee of conference.

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Mrs. LOWEY. Mr. Chair, before I yield to the next speaker, I want to
make it very clear that the bill that was negotiated by the Democrats
and Republicans, House and Senate, would pass immediately today, and
then we could look forward to a debate on comprehensive immigration
reform.
I am very pleased to yield 9 minutes to the distinguished gentleman
from North Carolina (Mr. Price), the ranking member of the Homeland
Security Appropriations Subcommittee, who worked so hard with the
Republicans in producing this outstanding bill. Unfortunately, the bill
is very different with the additions that were added just in the last
week.
Mr. PRICE of North Carolina. I thank my colleague for yielding.
Mr. Chair, the bill before us today, funding the Department of
Homeland Security for fiscal year 2015, has been ready for final
passage for almost 2 months. I want to thank the gentleman from Texas,
Chairman Carter, our Senate counterparts, as well as our dedicated
committee staff for working cooperatively through November and December
to negotiate a comprehensive and balanced measure.
Chairman Carter has summarized the underlying bill very, very well.
It provides necessary funding increases for the Secret Service to hire
new agents for the 2016 Presidential campaign, as well as to make the
necessary security adjustments at the White House.
It provides increased funding for the completion of the Coast Guard's
eighth National Security Cutter, $813 million more in disaster relief
funding at FEMA, and funding for NPPD's efforts to continue enhancing
our national cybersecurity capability.
But it pains me to say, Mr. Chair, that all of these positive efforts
stand in stark contrast to the poison pill amendments that the Rules
Committee has made in order for this bill, amendments designed to
inject partisan anti-immigration politics into a bipartisan effort to
keep our Nation safe.
Unfortunately, there is nothing new about adding highly inflammatory
riders to appropriations bills in a way that wrecks months of
cooperative work and makes bipartisan support impossible. We have seen
this in middle-of-the-night Homeland Security anti-immigration
amendments for 2 years running. But today we are seeing the most
egregious and irresponsible abuse of the appropriations process yet.
Republican leaders have already delayed a full-year funding bill for
Homeland Security by nearly a month longer than for the rest of the
government despite the fact that this bill was fully negotiated and
ready for consideration well before the omnibus bill was assembled at
the end of the last Congress. Now, more than a quarter of the way
through the fiscal year, the Republican leadership is continuing to
play dangerous and irresponsible games with the funding of this
Department, the Department that was created to protect the Nation from
terrorist attacks.
Members, of course, are aware of the horrendous murder of 17
individuals last week in France by terrorists. This is an alarming
example of the kind of brutal and calculated attack that the Department
of Homeland Security and its law enforcement partners are working hard
to prevent here in the United States. It is the kind of attack that
keeps Secretary Johnson up at night and should keep us up at night as
well. This alone should make it unthinkable to dawdle on a full-year
funding bill for the Department of Homeland Security.
Last Sunday, 3 million people participated in unity marches in
France. But we are sending a very different message by delaying
homeland security funding.
Six days removed from a heinous terrorist act, we are dawdling. We
are holding back. We are refusing to immediately send to the President
a bipartisan bill designed to keep the Nation safe. Instead, we are
tacking on politically charged items that will rightfully ensure a
veto.
Now, Mr. Chair, some Members seem to be under the mistaken impression
that departments and agencies might make out just fine under a
continuing resolution. Perhaps some Members even think that it would be
okay for the Department's funding to expire for some amount of time
beginning in late February so that they could underscore the political
point they want to make. That is a patently false assumption.
In a few weeks, the fiscal year 2016 budget will be submitted by the
President, and DHS still doesn't know how much money it will be
spending in 2015. How can we expect the Department to effectively
budget if it has no idea of what the baseline will be for its programs
and activities? How can we expect an agency to effectively function
when the availability of funding for critical new endeavors is
undetermined for a quarter of the fiscal year or more? How can we, as a
Congress, even perform effective oversight when we force ourselves to
simultaneously finish 2015 funding as we consider the 2016 request?

{time} 1800

Ironically, the two agencies that stand to lose the most from this
flawed Republican strategy are the very agencies they purport to
champion, agencies responsible for immigration enforcement: Customs and
Border Protection, and Immigration and Customs Enforcement.
Under the House bill, these two agencies combined would receive
nearly $1 billion more than the current spending level, which a CR
would reflect. The bill we are not passing would provide that
additional funding. Republicans, however, appear more interested in
scoring political points than in actually making progress on the
border.
Now, the apparent intent of the House majority in holding back full-
year funding for DHS is to help them reverse the President's executive
actions on immigration policy; but how is that going to really play
out?
Without 60 votes in the Senate, the bill will go nowhere. Even if the
Senate were to pass the bill with the poison pill riders intact, the
President would certainly veto it with absolutely no chance the House
or Senate could override that veto.
What is left of the majority's strategy? Would the Republican
majorities in the House and Senate really be willing to let funding for
the Department of Homeland Security lapse when the short-term
continuing resolution expires? The vast majority of DHS employees are
considered essential, so they would still need to show up for work.
Will the House majority really be willing to let frontline agents and
officers at CBP and ICE work without pay? Would the House majority be
willing to let the Coast Guard military personnel continue to risk
their lives at sea without compensation?
Imagine the outrage--imagine--if a Democratic Congress ever held
funding for the Department of Homeland Security hostage during the
George W. Bush administration; yet that is precisely what House
Republicans are doing with these poison pill amendments made in order
under the rule.
Believe me, these pills really are poison. They cater to the
Republican Conference's most extreme elements; one of them even targets
the DREAM Act students, reversing the President's widely-acclaimed and
-accepted decision to focus instead on the deportation of dangerous
criminals.
A full-year DHS funding bill was negotiated in good faith on a
bicameral, bipartisan basis, and it addresses the most pressing needs
of the Department and works to protect the country from harm.
If Republicans want to make mean-spirited and destructive changes in
immigration policy, there is a legislative process for doing that.
In the meantime, we should be passing a clean, full-year funding bill
for the Department of Homeland Security, just as we should have done in
December. I urge defeat of the anti-immigration amendments and adoption
of the underlying appropriations bill, and I yield back the balance of
my time.
Mr. CARTER of Texas. Mr. Chairman, I yield 5 minutes to the gentleman
from Virginia (Mr. Goodlatte), the honorable chairman of the Judiciary
Committee.
Mr. GOODLATTE. Mr. Chairman, I first want to begin by thanking the
chairman of the Subcommittee on Homeland Security of the Committee on
Appropriations and the chairman of the full Appropriations Committee,
the gentlemen from Texas and Kentucky, for their excellent work on this
legislation.
It is important that we pass it, and it is important that we use the
power of

[[Page H324]]

the purse in this process to stop the President's unconstitutional
actions.
President Obama has embarked on some of the biggest executive power
grabs in American history by unilaterally rewriting our Nation's
immigration laws. These actions ignore the will of the American people
who voted in November to change the way Washington operates, and these
actions flout the United States Constitution.
They must be ended because these policies threaten the separation of
powers between Congress and the executive branch and violate President
Obama's obligation to take care that the laws be faithfully executed.
Congress must fight to stop these unconstitutional actions from being
implemented, and today, the House of Representatives is doing just
that. We will consider amendments to this bill that will stop President
Obama's executive overreach in its tracks.
Two of the amendments will completely defund President Obama's
executive power grabs. One offered by Representatives Robert Aderholt,
Mick Mulvaney, and Lou Barletta will defund the President's new
deferred action program for over 4 million unlawful alien parents. It
will also defund the other executive actions he announced on November
20 and DHS' so-called prosecutorial discretion memos that have gutted
immigration enforcement within the United States.
Importantly, in addition to barring the use of appropriated funds to
carry out these policies, the amendment will bar President Obama from
using immigration user fees, the filing fees to accomplish his
executive fiat, and it will prevent him and subsequent Presidents from
carrying out similar policies in the future by whatever means, whether
it be by memo, executive order, or regulation.
The other defunding amendment, offered by Representative Marsha
Blackburn, completely defunds DACA, the Deferred Action for Childhood
Arrivals program, that has granted deferred action and work
authorization to hundreds of thousands of unlawful aliens.
The third amendment will be offered by Representatives DeSantis and
Roby. It will ensure that sex offenders and domestic violence
perpetrators are top priorities for removal by U.S. Immigration and
Customs Enforcement, something that is not the case in this current
administration under the President's memos.
The fourth amendment will be offered by Representative Schock. It
expresses the sense of Congress that the Obama administration should
stop putting the interests of unlawful aliens ahead of legal
immigrants.
Under the President's DACA program, legal immigrants playing by the
rules and seeking to come to the United States the right way have paid
the price; they have faced longer wait times even though they have paid
the fees to have their applications processed and seeing those fees
diverted to pay for people who entered the country unlawfully.

The fifth amendment will be offered by Representatives Salmon and
Thompson. It expresses the sense of Congress that U.S. workers should
not be harmed by the granting of deferred action and work authorization
to unlawful aliens.
In many cases, businesses now have a $3,000 incentive to hire an
alien granted DACA benefits over a U.S. citizen or legal immigrant
worker, since DACA recipients are not eligible for ObamaCare. So, in
other words, an employer has an incentive, either not having to provide
health insurance and not having to pay the fine, so a minimum of $3,000
if they hire somebody who is not lawfully present in the United States
until the President's executive memos take effect. That should be
stopped.
If President Obama's unilateral immigration amendments are not
stopped, future Presidents will continue to expand the power of the
executive branch and encroach upon individual liberty.
The time is now for Congress to take a stand against these abusive
actions. I urge my colleagues to support this bill and these important
amendments and yield back the balance of my time.
Mrs. LOWEY. Mr. Chairman, I yield 3 minutes to the distinguished
gentleman from California (Mr. Becerra), chairman of the House
Democratic Caucus.
Mr. BECERRA. Mr. Chairman, I thank the ranking member for yielding.
To govern means to get things done. That is pretty simple, and quite
honestly, that is about all the American people ask us to do on a daily
basis: get things done.
Instead of bringing a clean Homeland Security funding bill to the
floor of this House, our colleagues on the Republican side have decided
to put our Nation's security at risk and cater to some of the most
radical views in their party.
It is stunning that only a week after the tragic terrorist attacks in
Paris, we are standing here on the floor of the House of
Representatives talking about attempts to make it more difficult for
the Department of Homeland Security in the United States of America to
defend our Nation.
A good bill--and we have heard this, Republicans and Democrats alike
say that the underlying bill to fund the Department of Homeland
Security is a good one; it is just all the poison pill amendments that
have been forced into this bill.
So a good bill to fund our government's Homeland Security and all of
its obligations will come before us and become a victim of what has
become known as shutdown partisan politics.
What is at stake? Border protection, customs enforcement,
transportation security, Coast Guard protection, Secret Service
protection, emergency management in the event of an attack or a natural
or manmade disaster--all put in jeopardy to play partisan politics.
If the American people are going to believe that Congress is anything
more than a graveyard for good ideas, then we need to get to work and
not let a tiny minority of radical voices block progress. It is time
for us to say to Americans: We get it; we heard you.
It is time to protect the homeland. It is time for us to act
bipartisanly, and it is time for us to act as leaders for all
Americans, not a political party.
We must pass a clean funding bill for the Department of Homeland
Security without delay, and then, yes, we can get to debate immigration
and immigration reform and pass a comprehensive immigration reform
bill, but don't put the security of our people and our homeland at risk
simply to game the system.
Let's pass a clean Homeland Security bill. Let us defeat all these
amendments and get to work the way the American people expect us to.
Mr. CARTER of Texas. Mr. Chairman, I yield 2 minutes to the gentleman
from Texas, Mr. Jeb Hensarling, the honorable chairman of the Committee
on Financial Services.
Mr. HENSARLING. Mr. Chairman, I thank the gentleman for yielding, and
I thank him for his leadership on this critical piece of legislation.
Mr. Chairman, every President in the history of our Republic, from
George Washington to Barack Obama, has raised their right hand and
said:

I do solemnly swear that I will faithfully execute the
office of the President of the United States, and will to the
best of my ability, preserve, protect, and defend the
Constitution of the United States.

Clause 4, section 8 of article I of the Constitution says the
Congress--the Congress--``shall have power to establish an uniform rule
of naturalization.'' When we as a body read the Constitution on the
House floor last week, I had the honor of reading this very section for
all to hear.
Section 3, article II of the Constitution says the President ``shall
take care that the laws be faithfully executed,'' but never in the
history of our Republic has a President so blatantly ignored his oath.
We know our President has a pen; we know he has a phone. We just wonder
when will he acquire a copy of the Constitution and read it.
His executive action on immigration is an unconstitutional power
grab. It tramples on the authority that the Constitution gives
Congress--the people's elected Representatives--over immigration. It
ignores the separation of powers. We cannot let it stand.
Coequal branches of government, separation of powers, the rule of
law--these must be preserved. In this bill, as amended, we do this by
exercising the House's constitutional power of the purse. This DHS
funding bill, as amended, will achieve this.

[[Page H325]]

The debate is much bigger than immigration. It is much bigger than
amnesty. It is about our Constitution. It is about the principle of
separation of powers. It is the bedrock of our freedom and prosperity
as Americans.
Mrs. LOWEY. Mr. Chairman, I yield 4 minutes to the distinguished
gentleman from Maryland (Mr. Hoyer), the minority whip of the House.
Mr. HOYER. Mr. Chair, I thank the gentlelady for yielding. I want to
thank the chairman of the subcommittee for the work that he has done on
this bill. I want to thank the ranking member of the Committee on
Appropriations and Mr. Price for working on this bill.
This bill is an appropriation bill. This bill funds the Department
that is charged with the responsibility of keeping America safe and
Americans safe. This bill is an appropriation bill. It is against the
rules of the House of Representatives to put legislative language on an
appropriation bill.
Now, frankly, having served there 20, 30 years, I know that that rule
is not always followed; and you, therefore, need a waiver from the
Rules Committee in order to effect this end. This is not, therefore,
regular order.
We just had another demonstration of the clear and present danger to
which every citizen in the free world is subject. We saw it in France,
and 17 people lost their lives.

{time} 1815

We, of course, lost over 3,000 lives on 9/11. This is an issue on
which there ought to be no difference among the 435 of us who have the
privilege and honor of serving in this country and in this Congress.
Mr. Hensarling raised his right hand to preserve and protect, yes,
the Constitution and laws thereof, but also to preserve and protect the
general welfare of all of our people. That is what this bill seeks to
do.
Mr. Chairman, there are many compelling reasons why the House must
pass a bill to fund the Department of Homeland Security without delay.
I have spoken to some of them. We saw one of those reasons all too
clearly last week, as I have said. Our Homeland Security agencies are
hard at work every day to prevent incidents like those from occurring
here in the United States, and how extraordinarily successful they have
been since 9/11.
Again, Chairman Carter and Ranking Member Lowey, I want to
congratulate you for coming together and agreeing on a bill, agreeing
on funding levels, and agreeing on the objects of expenditures to keep
Americans and America safe. But with only a continuing resolution to
fund it, as has happened in December, the Department does not have the
full flexibility necessary to respond to every threat to the best of
its ability. This leaves us vulnerable at a time when we cannot afford
to be vulnerable. That is why it is so unfortunate that House
Republicans have chosen to play political games.
If this is, in fact, unconstitutional, the courts are set forth, in
article III, to resolve this issue. If you feel so strongly that you
are right, that is where relief should be sought. But let us not hold
America's national security and the safety of our people hostage to
that political difference. In doing so, you have managed to snatch
partisanship from the jaws of consensus. We have agreement. The
underlying bill before us will have the support of over 400 Members.
The Acting CHAIR (Mr. Conaway). The time of the gentleman has
expired.
Mrs. LOWEY. I yield the gentleman an additional 1 minute.
Mr. HOYER. Over 400 Members would support the underlying bill.
Wouldn't it be wonderful to show to the American public that we come
together not in a partisan way, but as Americans to make sure they are
as safe and secure as we can make them? But, no, we have denigrated
this debate to a political debate about a difference between the
President and the Congress. Now, that is a significant debate to have,
but not on this bill, not where we have consensus, not where the
American security is at risk if we fail.
Two of the amendments are solely designed to undermine the executive
actions President Obama took to address our broken immigration system.
We think they are appropriate; you don't. That is fine. That is a
political difference. Do not defeat consensus because we have
differences on an unrelated issue.
You will say it is related because this is, after all, the agency
that deals with immigration and border security. I get that.
The Acting CHAIR. The time of the gentleman has again expired.
Mrs. LOWEY. I yield the gentleman an additional 1 minute.
Mr. HOYER. I thank the gentlewoman.
Mr. Chairman, we will vote against these amendments. But the sad
truth is you know, all of you, that if those amendments are put on this
bill, the President of the United States will not sign it, and you will
therefore have to take it him to court. And I see my friend back
there--who is my friend--saying, yes, that is great, he won't sign it,
and we will blame him for undermining Homeland Security.
In other words, you are going to hold hostage the security, and if he
doesn't do what you say, security be damned. That is not the way we
ought to be running America, particularly on this issue. Americans
expect better of us. More importantly, and as importantly, we ought to
expect better of ourselves.
The Appropriations Committee has agreed. The Senate and the House
have agreed. There is consensus here. Americans are so frustrated by
all of us grabbing defeat, obstruction, and disagreement from the jaws
of consensus.
Vote against these amendments so that all of us can vote to pass this
important, critical bill.
Mr. CARTER. Mr. Chairman, at this time, I am very pleased to yield 2
minutes to the gentleman from Illinois, the Honorable Peter Roskam, my
good friend and colleague.
Mr. ROSKAM. I thank the chairman for yielding.
Mr. Chairman, I look at this from an entirely different perspective.
I look at this as the House of Representatives asserting its will,
speaking out, and saying, no, we are not going to be silent in the
movement of the President of the United States. If we had done nothing,
Mr. Chairman, then the subsequent argument in weeks to come would have
been, well, you did nothing. You were silent. You waived your right to
assert yourself. You have the power of the purse, and you did nothing.
Well, clearly, we are not doing nothing. Clearly, we are taking it
up. And now here it is. We are coming together and we are saying that
we don't believe the President has this authority. We are asserting
that, and this bill will be debated.
But at the underlying level there is something absolutely incredibly
significant and very bright that is happening, regardless of what side
of the aisle you are on, because do you know what we are talking about?
We are talking about defending a country that we all hold dear.
There was a story I heard from an exchange student, Mr. Chairman, who
came to visit the United States. She was asked about her time here--
this was a young college student--and they said: What made the biggest
impression upon you during your time in the United States? She said
this: The number of people who came up to me and said, ``What do you
hope to do for a living? What do you want to do?'' And it was totally
different for this girl, because the culture that she was coming from,
that wasn't her experience, but she came to the United States and there
was a brightness to it, an opportunity to it, and a freshness to it.
She found it so exciting and so dynamic. That is what we are fighting
about. That is what we are fighting for. We are fighting for a nation,
to defend a great nation, and to celebrate a great nation. That is
worth taking up.
So, look, there are very big differences in this House in the
direction to move. There are very deep differences in this House about
how we need to deal with the immigration problem.
The Acting CHAIR. The time of the gentleman has expired.
Mr. CARTER. I yield the gentleman an additional minute.
Mr. ROSKAM. Mr. Chairman, we all need to realize the brightness of
this moment.
So I respect my colleague and his differences. I respect the other
side and their differences. I think we need to go back to Thomas
Jefferson, who said this, Mr. Chairman. Jefferson wrote a letter in
1790 to a guy named Charles Clay. He said:

[[Page H326]]

The ground of liberty is to be gained by inches, and we
must be contented to secure what we can get from time to time
and eternally press forward for what is yet to get. It
takes time to persuade men to do even what is for their
own good.

Mr. Chairman, this is a game of inches. We need to prevail, we need
to move forward, and we need to come together.
Mrs. LOWEY. I am pleased to yield another 30 seconds to the
distinguished minority whip.
Mr. HOYER. I thank the gentlewoman.
Mr. Chairman, I want to say to my friend, as I observed, I think
there is a legitimate question here. No one wants to see you silenced.
Everyone thinks you have the right. You are a party, and you
individually and collectively have the right to bring up this issue.
What we urge you not to do is put at risk the passing of a Homeland
Security bill which gives funding for a year's period so there will be
stability and the ability to manage the national security of our
country while, at the same time, on a parallel basis, raising
legitimate questions that you want to take. So no one denies or wants
to preclude you from the opportunity to do so.
I thank the gentlelady for yielding.
The Acting CHAIR. All Members are reminded to address their remarks
to the Chair and not to individual Members.
Mr. CARTER. Mr. Chairman, I reserve the balance of my time.
Mrs. LOWEY. Mr. Chairman, I am very pleased to yield 1 minute to the
distinguished gentlewoman from California (Ms. Pelosi), the House
minority leader.
Ms. PELOSI. I thank the gentlelady for yielding.
Mr. Chairman, I join my colleagues who have commended the
Appropriations Committee on the fine work they have done under
difficult circumstances on the Homeland Security bill. It had been our
hope that their fine work would have been rewarded by its passage in
December, but the Republican leadership in the House decided that we
would not pass the bill then to give some certainty to how Homeland
Security would be funded in this year and instead toss it over until
the new year.
We take an oath to protect and defend the American people. Their
safety is essential to everything else. And Homeland Security is a
place where we have a very big component for protecting and defending
the American people. That is why we were so disappointed that, of all
bills, the Republicans would pull that one bill out of the pack and say
we are just doing this for a matter of weeks. It came with the promise
that after the first of the year we would, of course, pass a Homeland
Security bill. That was December.
In December, the Republicans said, no, we don't want to have that
certainty, not just yet. Then, along came January, Paris. ``Je suis
Charlie,'' around the world it is echoed, everybody coming together,
heads of state, leaders of countries, whether you were present there or
not, everybody present in the moment and the time since of support for
protecting people throughout the world from terrorism.
It seems like that affected almost everybody, except it didn't
penetrate the walls of this Chamber because here we are, once again,
putting off, by other distractions, how we would pass as quickly as
possible a homeland security bill. And what is interesting to me is
that some of our colleagues are using immigration as the excuse.
But, Mr. Chairman, what further is interesting is that now they are
saying it is not about immigration--which, of course, it has always
been about passing an immigration bill and we don't even have to have
this discussion. They are saying it is about the Constitution.
I have been here since President Reagan was President. I don't
remember anybody calling up the Constitution when President Reagan used
his executive action in the family fairness legislation. I don't
remember anybody bringing up the Constitution when President George
Herbert Walker Bush further expanded protections for people in our
country--President Clinton and President George Herbert Walker Bush. So
this is very interesting to hear it. But I do want to put this in
perspective, and it will take a little time.
There is a strong legal and historical precedent to support the
extension--we are just talking about deferred action here--to a broad
category of people who have strong equities to our country. The
Immigration and Nationality Act and the judicial precedent make clear
that the Executive maintains broad discretion to determine how
immigration laws are to be enforced. Such discretion extends to
decisions regarding whether to defer enforcement against entire
categories of people, whether such categories are defined by
nationality or some other common characteristic that makes them
particularly deserving of an act of administrative grace.
This legal authority has existed since the INA, the Immigration and
Nationality Act, was first enacted in 1952 and has been exercised in
various ways and under various names over the past 62 years. Based upon
the administration's expansive prosecutorial discretion authority, the
President could extend deferred action to persons who would qualify for
registered provisional immigration status under S. 744, which passed
the U.S. Senate on June 27, 2013, by a vote of 68-32.
The President could similarly establish a separate deferred action
for persons deemed essential for agriculture in recognition of the fact
that our country's agriculture industry and millions of jobs that rely
upon it are largely dependent on the labor of unauthorized workers as
for the parents of young people who have already received deferred
action under DACA.
When Congress first passed the INA, the Immigration and Nationality
Act, in 1952, it charged the Attorney General with the administration
and enforcement of immigration laws and authorized the Attorney General
to ``perform such other acts as he deems necessary for carrying out his
authority under the provisions of this act.''
Courts have relied upon this delegation of authority to support the
principle that the act ``commits enforcement of the INA to the Attorney
General's discretion.''

{time} 1830

With the creation of the Department of Homeland Security, DHS, in the
Homeland Security Act of 2002, which many of us were here for, Congress
further entrusted the newly created Secretary of Homeland Security with
the responsibility of ``establishing national immigration enforcement
policies and priorities.''
In doing so, Congress acknowledged the inherent authority of
enforcement agencies to decide whom to investigate, detain, charge, and
prosecute under the law. The Supreme Court ``has recognized on several
occasions over many years that an agency's decision not to prosecute or
enforce, whether through criminal or civil process, is a decision
generally committed to an agency's absolute discretion.''
That is the Court's decision. If you want me to read the further
authorities on that I will, but in the interest of brevity, courts
consistently have applied this principle in the immigration context,
and, in particular, to grants of deferred action and extended voluntary
departure.
In Arizona v. United States, the Supreme Court relied upon the broad
discretion exercised by Federal immigration officials, including
``whether it makes sense to pursue removal of all,'' to strike down
almost all of Arizona's sweeping anti-immigration law. Because
Arizona's law could result in ``unnecessary harassment of some
aliens''--that is their term--for example, a veteran, a college
student, or someone assisting with a criminal investigation whom
Federal officials determine should not be removed, the law ``violates
the principle that the removal process is entrusted at the discretion
of the Federal Government.''
The idea that immigration enforcement efforts should be focused on
high-priority targets has not always been controversial. Guidance
pertaining to the use of prosecutorial discretion in the immigration
context has been issued at least as far back as 1976. Under President
George W. Bush, in recent memory, the Assistant Secretary for
Immigration and Customs Enforcement, ICE, reaffirmed prosecutorial
discretion guidance issued during the Clinton administration and
reiterated the responsibility of ICE agents and officers to use
discretion in identifying and responding to meritorious health-related
cases and caregiver issues.

[[Page H327]]

Indeed, 15 years ago, Democratic and Republican Members of Congress
joined together on a letter to then-Attorney General Janet Reno urging
her to issue guidelines that would provide specific instructions to
agency personnel in order to alleviate some of the hardship caused by
our immigration laws. Democrats and Republicans signed it, and the
letter accepted the premise that ``the principle of prosecutorial
discretion is well-established'' and asked the INS to explain why it
would pursue removal cases that would result in unjustifiable hardship
rather than prioritizing enforcement efforts against more serious
cases.
Although the Deferred Action for Childhood Arrivals, DACA, program
announced 2 years ago provides the most recent example of temporary
relief from removal being offered to a substantial class of persons, it
is the ``Family Fairness'' program adopted by President Ronald Reagan
and President George Herbert Walker Bush that proves to be the
strongest precedent for building upon DACA and offering deferred action
to a larger class of persons who meet certain criteria.
This is very interesting, my colleagues, because in 1986, Congress
passed and President Reagan signed into law the Immigration Reform and
Control Act of 1986, IRCA. The law provided a path to legal status for
millions of undocumented immigrants but provided no relief to the
children and spouses of such persons who were not themselves able to
meet the requirements for legalization. Indeed, when the Senate
Judiciary Committee reported the bill to the floor, it wrote:

It is the intent of the committee that the families of
legalized aliens will obtain no special petitioning right by
virtue of the legalization. They will be required to ``wait
in line'' in the same manner as immediate family members of
other new resident aliens.

But on October 26, 1987--less than 1 year after IRCA was enacted into
law--President Reagan made the decision to defer enforcement against
some of the close family members of persons who obtained lawful status
under IRCA.
Now this is President Reagan acting. President Obama is acting in the
absence of congressional action; President Reagan is acting in the
presence of congressional action and saying, You didn't go far enough.
Under the Family Fairness program issued by then-INS Commissioner
Nelson, the Reagan administration offered ``indefinite voluntary
departure''--along with the opportunity to apply for employment
authorization--to undocumented children residing with their parents if
both parents--or in the case of a single-parent household, the parent
with whom the child resides--had obtained lawful status under the act.
Spouses of persons who obtained lawful status could also be granted
indefinite voluntary departure and work authorization by demonstrating
the existence of certain compelling or humanitarian factors.
Would you be suing President Reagan for doing that, as some of you
are friends of the court in the suit against the President, as you are
using the Constitution as your argument here today?
In response to continuing concerns that the Family Fairness program
was too narrowly defined, President George Herbert Walker Bush went
further 3 years later, expanding the program to apply to all spouses
and all children of persons who were legalized under IRCA, provided
they met certain requirements. The memorandum issued by then-INS
Commissioner Gene McNary clarified that voluntary departure and
employment authorization would be granted to such persons for a 1-year
period and would be subject to extensions without limit.
The Reagan administration--would you be taking the President to
court, would you be arguing that he acted unconstitutionally on the
floor of the House? People didn't then.
The INS developed a new form--``Declaration, Ineligible Family Member
of Legalized Alien''--precisely for the purpose of allowing
undocumented persons who did not qualify for legalization under IRCA to
affirmatively request relief from the threat of deportation and
authorization to work lawfully. According to reports at the time, INS
Commissioner McNary contemplated that the program could have affected
as many as 1.5 million undocumented immigrants. Explaining the
rationale for expanding the earlier program, McNary stated:

It is vital that we enforce the law against illegal entry.
However, we can enforce the law humanely. To split families
encourages further violations of the law as they reunite.

In the end, only a fraction of the people eligible for relief under
the Family Fairness program obtained such protection, but that is only
because the Immigration Act of 1990 was enacted less than 1 year after
the program was expanded by President Bush. Section 301 of that bill
contained a family unity program that largely codified the executive
actions taken by President Reagan and President Bush.
The parallels between the Reagan-Bush Family Fairness program and
what is being proposed at the present time are uncanny. There are
several lessons that can be drawn from this past precedent.
First, the authority to provide temporary relief from removal to a
large percentage of the undocumented population has long existed, and
past Presidents have exercised such authority.
Second, such authority existed even when the Executive's authority
would seem to be at its weakest--where Congress specifically declined
to legislatively provide the relief granted administratively. The
President is now being asked to take administrative action in the face
of historic intransigence on the part of House Republicans after the
Senate overwhelmingly passed a bipartisan comprehensive immigration
reform bill buoyed by popular support, overwhelmingly supported in a
bipartisan way in the Senate, but nothing happening in the House.
By contrast, the Reagan administration adopted the Family Fairness
program less than 1 year after Congress enacted the last comprehensive
immigration reform bill that contains specific criteria for
legalization and knowingly excluded from protection the very people
affected by the administration action.
Just as I said before, even when Congress acted, President Reagan
said we can do better. Nobody argued the Constitution at the time.
Well, if they did, history does not recall it.
Third, the scope of the relief now being considered by the
administration is entirely consistent with the Family Fairness program
after it was expanded by President George Herbert Walker Bush.
According to demographic work performed by the Pew Research Center,
there were an estimated 3.5 million unauthorized immigrants living in
the U.S. in 1990. By extending the Family Fairness program to cover 1.5
million unauthorized immigrants at the beginning of that year,
President Bush used executive authority to protect approximately 42.9
percent of the undocumented population from removal and offer them work
authorization.
I don't remember any uproar in Congress. Many of us were here at that
time.
Earlier this year, the Pew Research Center estimated that there were
11.7 million unauthorized immigrants living in the United States as of
March 2012. If the administration takes steps to protect 5 million
undocumented immigrants from removal, as a recent article suggested,
that would extend temporary relief to 42.7 percent--a lower percentage
than President Bush protected--of the undocumented population now in
the country.
Finally, the most important lesson that can be learned from the
Family Fairness program is that bold executive action can sometimes
help change the legislative dynamic, helping to break the gridlock and
pave the way to legislative reform. The only reason the Reagan-Bush
Family Fairness program did not provide indefinite voluntary departure
and employment authorization for many years without legislative
approval--essentially a grant of deferred action--is that Congress did
act and take steps, following the lead of the Presidents, to largely
codify the President's program and provide such relief for removal and
employment authorization itself.
At the time the Bush administration expanded family fairness,
legislation to extend similar protections were stuck in Congress,
having passed the Senate in 1989 but having seen no legislative action
in the House. Less than 8 months after the administration's action, the
House passed its version of the bill. A conference committee was

[[Page H328]]

convened, and IMMACT was quickly enacted into law. The same pattern can
be observed in many of the cases described in which the administration
granted extended voluntary departure, deferred enforced departure, or
deferred action to a broad category of people defined by their
nationality or some other compelling characteristic. And Congress
subsequently enacted legislation to permit such people to obtain lawful
permanent residence.
I hope that will happen. The President has executive orders.
Hopefully, Congress will codify that.
The Reagan-Bush Family Fairness program is just one of the many
examples of past Presidents deciding to defer removal efforts and offer
employment authorization to large classes of people.
In 1960, the Kennedy administration granted extended voluntary
departure to many Cubans who otherwise would have been subject to
deportation. Over the next 20 years, the INS granted similar
protections to nationals of more than a dozen other countries. Such
grants have sometimes, but not always, resulted in the enactment of
special legislation permitting extended voluntary departure
beneficiaries to adjust their status to that of lawful permanent
residents.
In 1966, Congress enacted such legislation for Cubans. Again,
President Kennedy acted. In 1966, Congress enacted such legislation for
Cubans granted extended voluntary departure.
Congress did the same in 1977 for Vietnamese, Laotians, and
Cambodians who were permitted to remain in the country on EVD, extended
voluntary departure; and again in 1987 for recipients from Poland,
Afghanistan, Ethiopia, and Uganda.
I have personal experience on the initiative.
After Tiananmen Square, there were concerns that Chinese nationals
residing in the United States, primarily as scholars and students,
would face repression if forced to return home. Congress passed a bill
to allow these Chinese nationals to remain, which President George
Herbert Walker Bush vetoed.
This is my bill.
Then, in 1990, it passed the House and passed the Senate, went to his
desk, and he vetoed it. It had strong bipartisan support. We could
fight the veto in the House, but in the Senate, at the moment of truth,
the Senate upheld the veto.
President Bush promised that he would issue an executive order
extending deferred enforced departure, or DED, to an estimated 80,000
Chinese nationals. While the President did not want it to be an act of
Congress for fear of what an insult it might be to the Chinese
Government as they were crushing people in the streets in Tiananmen
Square and arresting people, he did promise to do an executive order,
which he did.
Following President Bush's executive order, Congress acted quickly to
permit Chinese nationals granted protection from removal and employment
authorization to adjust their status to that of lawful permanent
residence.
In 1991, President Bush extended that to approximately 2,000 Persian
Gulf evacuees of various nationalities who were airlifted from Kuwait
the previous year during the Persian Gulf War. The persons evacuated
were chosen because they had children who were U.S. citizens or because
they provided protection to U.S. citizens during the Iraqi invasion of
Kuwait.
In 2000, Congress enacted a private immigration law to permit those
who had not already been permanent residents by other means to obtain
permanent residence.

{time} 1845

In 1992, President George Herbert Walker Bush also extended a DED,
deferred enforced departure, to approximately 200,000 Salvadorans who
fled civil war and previously had been protected from removal pursuant
to a grant of temporary protected status, or TPS. President Bill
Clinton later provided DED to Haitians in 1997, and President George
Walker Bush extended DED to Liberians in 2007.
Finally, again, this administration has extended deferred action to
broad categories of people on two prior occasions. First, in 2009, U.S.
Citizenship and Immigration Services created a process in which
surviving spouses of deceased U.S. citizens and the qualifying children
of such spouses could apply for deferred action.
The process was created because it was the position of the Department
of Homeland Security at the time that no immigration relief was
available under the law to protect surviving members from removal and
that action was needed to address the humanitarian concerns.
The DACA program announced by Secretary of Homeland Security Janet
Napolitano on June 15, 2012, presented the second deferred action
program created under this administration. As of June 30, 2014, over
580,000 persons had been granted deferred action under the program.
The use of Presidential ``parole power'' is one of the oldest and
most-established provisions of Presidential authority in immigration
matters. Parole was first used to allow the entry of refugees who would
otherwise be excluded by the national origins quota system.
Presidential parole was codified in the original 1952 INA,
Immigration and Nationality Act, which authorized the use of
discretionary authority to parole aliens into the United States ``for
emergent reasons or for reasons deemed strictly in the public
interest.''
In 1956, President Dwight David Eisenhower first used his parole
authority to allow 900 World War II orphans into the country and later
paroled approximately 30,000 Hungarians. This use of parole power marks
the first of many mass admissions by future administrations.
Presidents Eisenhower, Kennedy, Johnson, and Nixon collectively
allowed approximately 600,000 Cubans to be paroled into the country;
and Presidents Ford and Carter paroled approximately 300,000
Indochinese from Vietnam, Cambodia, and Laos.
In response to a concern that the parole power was being used to
admit large numbers of persons not covered by international refugee
laws, Congress enacted the Refugee Act in 1980, which amended the INA
to provide a process for the admission of refugees. The act also
limited the administration's ability to parole refugees into the
country, absent compelling reasons in the public interest, but left
untouched the general parole authority.
Nevertheless, several Presidents subsequently used the parole
authority to allow the entry of groups of persons who arguably could
have been considered ``refugee populations.''
President George Herbert Walker Bush in 1989 created a program that
allowed individuals in Vietnam who were ineligible for refugee status
to enter the country as ``public interest parolees,'' if they were able
to prepay their travel expenses and provide affidavits of support from
sponsors in the United States.
In 1996, President Bill Clinton paroled approximately 7,000 Iraqi
Kurds to Guam and allowed them to apply for asylum to the United
States. In 2006, President George W. Bush created a program which
allowed the United States to parole certain Cuban medical professionals
who have been conscripted to study or work in a third country under the
direction of the Government of Cuba.
In 1996, Congress once more amended the statutory parole authority to
apply only on a case-by-case basis; nevertheless, as the terms are not
defined by the statute, they are open to interpretation by the
administration.
In fact, the several instances in which parole authority was used by
past Presidents demonstrate that promoting family unity can serve
humanitarian goals or provide a significant public benefit.
The Lautenberg Parole Program, implemented by President George
Herbert Walker Bush in 1988, granted parole to individuals whose
refugee claims were denied, but who had family reunification concerns.
In 2007, President George Herbert Walker Bush established the Cuban
Family Reunification Parole Program to expedite the reunification of
Cuban families by paroling into the United States beneficiaries of
approved family-based immigrant petitions, so they might wait together
with their family members until a visa became available.
In 2007, President Bush created a program to authorize the parole of
certain refugee derivative family members who had aged out and,
therefore, could not be eligible for refugee status.

[[Page H329]]

Given the administration's broad statutory parole authority, the
lengthy visa backlogs that exist in most immigrant visa categories, and
the humanitarian interests and significant public benefits that would
attach to the unification of families, the President could make parole
available to the spouses, sons, and daughters of American citizens and
lawful permanent residents who face a separation of a year or more or,
in the case of less than a year, when hardship is in addition to the
separation.
This would not permit family members to skip the line, but would
allow them to wait in the United States with their family members.
Authority for parole in place already is present in the country. The
legal authority for parole in place was originally recognized in 1998.
That opinion was endorsed the following year by the Commissioner of the
INS, and it was reaffirmed in 2007 by the Bush administration DHS
general counsel under President Bush, as I say.
According to these legal opinions, INA grants discretion to parole
``any alien applying for admission to the United States,'' and INA
expressly defines an applicant for admission to include ``an alien who
is present in the United States who has not been admitted.'' As a
result, parole can be granted to persons who are present in the country
without having previously been admitted to the country.
The list goes on and on, and I have so much more that I want to tell
our colleagues, but what I am saying to you is that there is legal
authority for the President to take action under the law. There is
Presidential precedent, bipartisan since President Eisenhower, since
these laws were passed, to do so.
To all of a sudden say we are having a debate now about the
Constitution when we are supposed to be passing a law to protect and
defend that Constitution and, instead, we are taking an exception to
the interpretation of it--as I said, President Eisenhower, every
President, President Eisenhower, President Kennedy, President Nixon,
the list goes on and on--all of the Presidents since President
Eisenhower and certainly since President Reagan and both President
Bushes and President Clinton, all acted in this way.
Many of us were Members of Congress in those Presidencies. If
somebody wants to come forward and say that he was a voice in the
darkness, but nothing significant ever emerged to challenge the
constitutionality of what the Presidents did, so why now, especially
now, December?

We are not going to protect and defend by extending this bill with
certainty for Homeland Security. Paris, the whole world is in unity,
galvanized by wanting to stop terrorism and to do everything in our
power to do so, and we in this House are hesitating to do that.
If we want to take up an immigration bill and argue that the
President doesn't have the authority to do what he has done, but with
an intention to act ourselves, that would be the appropriate place to
have this debate, but to hold up the Homeland Security bill, which
Chairman Rogers and Ranking Member Lowey and the subcommittee chairs--
and we are very proud of David Price on our side on that, and I am sure
that all the Republicans are proud of their Members on their side,
because they came up with, under difficult circumstances, a good bill--
let us just pass it, why don't we, and then let's get on with passing
an immigration bill and debate what authorities the President has, and
if we don't like them, then debate the merits of what he did and pass
some of that into law.
But to say that he doesn't have the authority to do it and this is
about the Constitution really raises some serious questions.
Again, we should be talking about how we are creating good-paying
jobs in our country. That is what people want us to do. Let's just pass
this bill, get it done, and go on to how we can invest in better
infrastructure and bigger paychecks for the American people.
Lifting the economy and the purchasing power of our workers really
creates an atmosphere where immigration and other humanitarian
initiatives are better received.
I took the time tonight because I just was listening to this debate
and how people were saying that the President was acting outside the
scope of the Constitution, that he had overreached.
Then I asked my colleagues: What are you thinking, that you would
hold up the Homeland Security bill and that you would not question the
authority of Republican Presidents--or even the Democratic Presidents
when they had done this--but you are questioning the constitutionality
of actions taken by President Obama?
The time is not right for this. The time is right for us to pass an
immigration bill. The time is right for us to, right now, tonight, pass
a clean--tomorrow morning, pass a clean--reject these amendments,
reject these amendments and pass a clean Homeland Security bill, so we
can get on with that and then have a clear debate about immigration.
I want to thank the staff of the Judiciary Committee for the
important work that they have done, Chairwoman Zoe Lofgren and Ranking
Member John Conyers for the work that they have done educating Members
about what the history is on this subject--and it is a recent history.
I thank them for their leadership and their service.
I ask our colleagues to reject these amendments, disabuse yourself of
any notion--because it isn't a full-fledged idea--but any notion that
the President is acting in an unconstitutional way. Let's get on with
our work.
When we say, ``Je Suis Charlie,'' we are not just identifying with a
magazine office in Paris--that would be important enough--but we are
identifying with the entire effort to protect people from terrorism.
That is what the Homeland Security Committee was established to do.
That is what this legislation will fund. Let's remove all doubt that we
are going to do it as soon as possible.
I urge a ``no'' vote on the amendment.
The Acting CHAIR (Ms. Foxx). Members are reminded to direct their
remarks to the Chair.
Mr. CARTER of Texas. Madam Chair, at this time, I yield 3 minutes to
the gentleman from Texas, Mr. John Culberson, of the CJS Subcommittee
of the Appropriations Committee.
Mr. CULBERSON. Madam Chair, under the logic of the minority we have
heard tonight, it would be that the President has taken this action
because of the inaction of Congress in order to fix a broken
immigration system.
Under that logic, President George W. Bush would have been within his
rightful authority, in order to fix a broken economy, to refuse to
collect the capital gains tax, just to issue an executive order, a
memorandum by the director of the IRS: Do not collect the capital gains
tax, the capital gains tax is now effectively zero, no matter what the
law says, to fix a broken economy.
I would also point out to my colleagues in the minority that the
examples that we have heard tonight of previous Presidents taking
action are all based on the President's very broad authority under the
war powers, under his authority as Commander in Chief, and also his
authority to make treaties and receive foreign ambassadors.
In fact, the Supreme Court, Madam Chair, has said that the President
is essentially the sole organ of the Federal Government in the field of
international relations; so the authority of other Presidents in the
past who have taken these actions, they have done so under their
authority as Commander in Chief in the area of foreign affairs.
We in the House tonight, the new Republican majority in the House,
are listening to the voters. We are responding to the overwhelming
rejection of President Obama's policies by the American people.
Two short months ago, when President Obama said his policies were on
the ballot, America answered and said ``no'' and elected the largest
Republican majority since the 1920s to stop President Obama from
dismantling the America we know and love, to stop President Obama from
ignoring the law and the Constitution.
We in the House are using our authority to be good stewards of our
taxpayers' hard-earned tax dollars. Our system of checks and balances
gives us that authority, our responsibility, to prevent our
constituents' hard-earned tax dollars from being spent for illegal
purposes.
The first amendment we are taking up tonight is one step of many in
this bill tonight. We are taking up a whole

[[Page H330]]

series of amendments as steps to keep our word that we are listening to
the American voters.
The first amendment is one based on a bill that I am proud to
coauthor with Chairman Aderholt and other Members of the House that
dismantles and defunds the President's illegal executive amnesty memos.
We have further taken action in this bill tonight to have the highest
number of border patrol agents we have ever had before, keeping a
minimum of 34,000 beds--detention beds--available for the purpose of
enforcing the law.
The second critical part of this bill, Madam Chair, is that the
Republican House is enforcing the law. This is a law enforcement issue
because we understand in Texas, better than any other part of the
Nation, you cannot have good schools, safe streets, and a strong
economy without law enforcement.
We all know that our economy on the river, on the Rio Grande, is
fundamental that the law be enforced to keep out the drug runners and
the smugglers and the gunrunners and the criminals. No one has a
stronger interest in safe streets and good schools and laws being
enforced than those folks that live along the southern border.

{time} 1900

President Obama's got this responsibility and he has refused to
fulfill his constitutional responsibility as Commander in Chief to
execute the laws faithfully. The House of Representatives is doing our
job and honoring our word to the American people to preserve, protect,
and defend the America we love by enforcing the law.
The Acting CHAIR. The Chair will remind Members to refrain from
engaging in personalities toward the President.
Ms. ROYBAL-ALLARD. Madam Chairwoman, how much time is remaining on
each side?
The Acting CHAIR. The gentlewoman from California has 38 minutes
remaining. The gentleman from Texas has 32\1/2\ minutes remaining.
Ms. ROYBAL-ALLARD. Madam Chairwoman, I yield 2 minutes to the
gentlewoman from Connecticut (Ms. DeLauro).
Ms. DeLAURO. Madam Chair, with this bill, the majority plays a
dangerous game with our national security. We all know why they are
doing this. They want to tie the President's hands on immigration
because they do not agree with him there. But by acting this way, the
majority has torn up what should be a fundamental rule of American
politics: that we do not play politics with the security of our Nation.
The fact that the majority chooses to gamble with Homeland Security,
of all budgets, is troubling, to say the least. At a time when we face
a higher terrorist threat, these tactics are potentially deadly.
Let us recall that the Department of Homeland Security was born out
of the searing attacks on this Nation on September 11, 2001. We created
it to protect our country against further atrocities. Three thousand
people died. We have seen what our enemies are capable of. We saw it in
the Boston Marathon bombing last year. We saw it again over the past
week in a shocking series of terrorist murders in Paris.
Funding for national security programs should be sacrosanct.
Republicans and Democrats could so easily have come together to pass a
full-year funding bill. Instead, the majority chooses tactics that put
the security of American families at risk.
They have allowed three nongermane amendments. The American people
know about this nongermaneness. They have added that to this bill. That
seeks only to make life harder for immigrant families. I remember in
2007 when Chairman Rogers, the chair of the Appropriations Committee,
said on this floor:

There is no more important chore that the Congress has . .
. than to protect the country as best we can from its enemies
and from natural disasters. That is what this bill is all
about.

Well, his party should take his advice now.
These games are dangerous. They are disgraceful. They are wrong. I
will vote against this bill, and I urge my colleagues to do the same.
Mr. CARTER. Madam Chair, I yield 4 minutes to the gentleman from
Pennsylvania (Mr. Dent).
Mr. DENT. Madam Chairwoman, I rise today in strong support of H.R.
240, the Department of Homeland Security Appropriations Act, which
Judge Carter, Mr. Price, myself, and others helped draft in the
Appropriations Committee Subcommittee on Homeland Security. This bill,
despite what you may have heard, is a product of bipartisan compromise.
It provides $47.8 billion to fund the agencies of the Department of
Homeland Security through fiscal year 2015.
It includes $7 billion for emergency disaster relief to assist those
suffering the effects of severe winter snowstorms that have hit the
northern United States; wildfires that have ravaged the West; floods;
tornadoes; and other natural disasters.
The bill also provides $213 million for OCO, or the Overseas
Contingency Operations of the Coast Guard, as they continue to play a
vital role in the support of our military abroad.
In our deliberations on this bill, the committee took very seriously
the crisis that has unfolded on our southwestern border as we
experience the surge of unaccompanied minors, primarily from the
Central American countries of Honduras, Guatemala, and El Salvador. It
is estimated that nearly 70,000 unaccompanied children entered
illegally in 2014 alone. The bill also allows certain FEMA grants to be
used to reimburse State and local governments for the excessive costs
associated with humanely detaining and processing these unaccompanied
minors. In response to the influx of families that have crossed the
southwest border, it allocates an additional $362 million for detention
capability and capacity, including 3,732 new family detention beds.
This legislation fully funds CBP, or Customs and Border Protection,
and its 21,370 agents who provide not only security at our northern and
southern borders, but also at our many ports of entry where goods come
and go from all over the world.
In light of the recent security incidents at the White House, the
bill includes funding to improve security at the White House and Vice
President's residence through additional fiscal infrastructure and
resources such as tactical canine units.
It also direct resources for the Secret Service to begin preparations
for the Presidential candidate protection ahead of the 2016
Presidential election.
We have all seen the recent events in the news that demonstrate the
importance of being proactive on security in the cyber realm. Just
yesterday, we saw social media accounts that the U.S. Central Command,
or CENTCOM, was hacked by ISIS or their sympathizers. Last month, a
major cyberattack allegedly perpetrated by North Korea compromised
sensitive data belonging to the Sony Corporation.
This legislation provides an increase in funding for the National
Protection and Programs Directorate to support infrastructure
protection, information security, and cybersecurity. We cannot afford
to take a passive approach to protecting critical network
communications.
This bill also funds construction of the National Bio and Agro-
Defense Facility to ensure the security of our Nation's food supply,
something I think all too often we have taken for granted. This
facility will strengthen our Nation's capability to conduct research
and develop vaccines and other countermeasures to prepare and respond
against diseases that could seriously threaten our crops and livestock.
Finally, this fiscally responsible appropriations bill reduces the
administration overhead costs of the Department of Homeland Security by
$6 million below the fiscal year 2014 enacted level.
Again, I would like to thank Chairman Carter, Mr. Price, and the
staff of both sides of the aisle that worked really hard to get this
legislation to the point where it is. The underlying bill is a good
bill. Notwithstanding any of the amendments that are going to be
considered tomorrow, this bill should be supported on its merits, and
it has a strong bipartisan vote.
I urge a ``yes'' vote.
The Acting CHAIR. The Committee will rise informally.
The Speaker pro tempore (Mr. Poe of Texas) assumed the chair.

[[Page H331]]

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