[Senate Report 114-264]
[From the U.S. Government Publishing Office]
Calendar No. 501
114th Congress } { Report
SENATE
2d Session } { 114-264
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2017
_______
May 26, 2016.--Ordered to be printed
_______
Mr. Hoeven, from the Committee on Appropriations,
submitted the following
REPORT
[To accompany S. 3001]
The Committee on Appropriations reports the bill (S. 3001)
making appropriations for the Department of Homeland Security
for the fiscal year ending September 30, 2017, and for other
purposes, reports favorably thereon and recommends that the
bill do pass.
Total obligational authority, fiscal year 2017
Total of bill as reported to the Senate\1\\2\\3\\6\..... $49,739,632,000
Amount of 2016 appropriations\4\\5\..................... 49,431,955,000
Amount of 2017 budget estimate\1\\2\\6\................. 48,999,303,000
Bill as recommended to Senate compared to--
2016 appropriations................................ +307,677,000
2017 budget estimate................................ +740,329,000
\1\Committee recommendation includes $1,231,574,000 in rescissions
compared to $420,000,000 in proposed cancellations.
\2\Includes a permanent indefinite appropriation of $176,000,000 for the
Coast Guard healthcare fund contribution.
\3\Includes $162,692,000 for the Coast Guard for the cost of overseas
contingency operations.
\4\Includes rescissions totaling $1,506,152,000 pursuant to Public Law
114-113. Includes permanent indefinite appropriation of $169,306,000 for
the Coast Guard healthcare fund contribution. Includes $160,002,000 for
the Coast Guard for the cost of overseas contingency operations.
\5\Includes $6,712,953,000 for the FEMA Disaster Relief Fund designated
by the Congress as disaster relief pursuant to Public Law 112-25.
\6\Includes $6,709,000,000 for the FEMA Disaster Relief Fund designated
by the Congress as disaster relief pursuant to Public Law 112-25.
CONTENTS
----------
Page
Overview and Summary of the Bill................................. 4
References....................................................... 8
Title I:
Departmental Management and Operations:
Office of the Secretary and Executive Management......... 10
Office of the Under Secretary for Management............. 19
Office of the Chief Financial Officer.................... 22
Office of the Chief Information Officer.................. 25
Analysis and Operations.................................. 27
Office of Inspector General.............................. 28
Title II:
Security, Enforcement, and Investigations:
U.S. Customs and Border Protection:
Salaries and Expenses................................ 32
Automation Modernization............................. 45
Border Security Fencing, Infrastructure, and
Technology......................................... 47
Air and Marine Operations............................ 48
Construction and Facilities Management............... 50
U.S. Immigration and Customs Enforcement:
Salaries and Expenses................................ 52
Automation Modernization............................. 60
Construction............................................. 61
Transportation Security Administration:
Aviation Security.................................... 62
Surface Transportation Security...................... 71
Intelligence and Vetting............................. 72
Transportation Security Support...................... 73
United States Coast Guard:
Operating Expenses................................... 74
Environmental Compliance and Restoration............. 80
Reserve Training..................................... 80
Acquisition, Construction, and Improvements.......... 81
Research, Development, Test, and Evaluation.......... 86
Retired Pay.......................................... 87
United States Secret Service:
Salaries and Expenses................................ 87
Acquisition, Construction, Improvements, and Related
Ex-
penses............................................. 92
Title III:
Protection, Preparedness, Response, and Recovery:
National Protection and Programs Directorate:
Management and Administration........................ 93
Infrastructure Protection and Information Security... 94
Federal Protective Service........................... 101
Office of Biometric Identity Management.............. 102
Office of Health Affairs............................. 104
Federal Emergency Management Agency:
Salaries and Expenses................................ 106
State and Local Programs............................. 111
Firefighter Assistance Grants........................ 115
Emergency Management Performance Grants.............. 115
Radiological Emergency Preparedness Program.......... 116
United States Fire Administration.................... 116
Disaster Relief Fund................................. 117
Flood Hazard Mapping and Risk Analysis Program....... 118
National Flood Insurance Fund........................ 118
National Predisaster Mitigation Fund................. 120
Emergency Food and Shelter........................... 120
Title IV:
Research and Development, Training, and Services:
United States Citizenship and Immigration Services....... 122
Federal Law Enforcement Training Center:
Salaries and Expenses................................ 126
Acquisitions, Construction, Improvements, and Related
Expenses........................................... 127
Science and Technology:
Management and Administration........................ 127
Research, Development, Acquisition, and Operations... 128
Domestic Nuclear Detection Office:
Management and Administration........................ 132
Research, Development, and Operations................ 133
Systems Acquisition.................................. 134
Title V: General Provisions...................................... 136
Program, Project, and Activity................................... 142
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the
Senate......................................................... 142
Compliance With Paragraph 7(c), Rule XXVI of the Standing Rules
of the Senate.................................................. 143
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 143
Budgetary Impact of Bill......................................... 147
Comparative Statement of New Budget Authority.................... 148
OVERVIEW AND SUMMARY OF THE BILL
----------------------------------------------------------------------------------------------------------------
Fiscal year 2017 Fiscal year 2017 Committee
request\1,\\2,\\3\ recommendation\1,\\2,\\3,\\4\
----------------------------------------------------------------------------------------------------------------
Title I--Departmental Management and Operations....... 1,167,627 1,143,139
Title II--Security, Enforcement, and Investigations... 33,711,991 34,515,220
Title III--Protection, Preparedness, Response, and 12,418,093 13,315,704
Recovery.............................................
Title IV--Research and Development, Training, and 1,631,845 1,499,396
Services.............................................
Title V--General Provisions........................... 69,747 -733,827
---------------------------------------------------------
Total, new budget (obligational authority)...... 48,999,303 49,739,632
----------------------------------------------------------------------------------------------------------------
\1\Committee recommendation includes $1,231,574,000 in rescissions compared to $420,000,000 in proposed
cancellations.
\2\Includes a permanent indefinite appropriation of $176,000,000 for the Coast Guard healthcare fund
contribution.
\3\Includes $6,709,000,000 for the FEMA Disaster Relief Fund designated by the Congress as disaster relief
pursuant to Public Law 112-25.
\4\Includes $162,692,000 for the Coast Guard for the cost of overseas contingency operations.
The Committee recommends a total appropriation of
$49,739,632,000 for DHS for fiscal year 2017, $740,329,000 more
than the budget request. Of this amount, $48,072,692,000 is for
discretionary programs, including $162,692,000 for Coast Guard
overseas contingency operations and $6,709,000,000 for the FEMA
Disaster Relief Fund designated by the Congress as disaster
relief pursuant to Public Law 112-25.
The Committee recommends discretionary appropriations,
excluding Coast Guard overseas contingency operations and the
FEMA Disaster Relief Fund adjustment, of $41,201,000,000,
$577,637,000 above the request.
Overview
Despite the threat environment and the many management and
operational challenges that face this young department, the
mission of homeland security remains compelling to its 226,000
employees and the many stakeholders and partners who share it.
The Secretary recently unveiled a new, simple mission statement
for the Department of Homeland Security [DHS]: ``With honor and
integrity, we will safeguard the American people, our homeland,
and our values.'' Nearly 3,000 entries were submitted from
across DHS with similar words and themes: honor, integrity,
service, strength, vigilance. While these could be just words
on a page, the Secretary is seeking to unify every person,
activity, function, operation, and program with this statement
and the Committee supports that commitment.
Further, the Committee expects to see results from this
common focus in the Department's performance of its mission.
The American people have invested heavily in homeland security.
Transparency for both the American people and the people of DHS
will bring enhanced capabilities and results. The Committee
charges the Department to better assess its needs and
demonstrate its effectiveness through data and metrics. To that
end, this bill and report include specific direction to track
progress, justify resource needs, identify gaps, and assess
effectiveness, particularly in the areas of border security and
immigration enforcement.
BILL FUNDING PRIORITIES
First and foremost, the bill recommends the funds necessary
to support the personnel who are anticipated to be on board in
fiscal year 2017 and the critical missions those personnel
perform. While the Department continues to request exponential
growth in salaries and benefits funds, the Committee has
closely examined its actual results in terms of hiring and
attrition and worked with the Department to include realistic
funding for personnel in this bill. The remaining funds are
then invested into technology and assets to enhance DHS'
capabilities to meet mission needs. The Committee is concerned
that personnel costs continue to push out investments that
would enable more efficient and effective operations. For that
reason, the Committee continues to press the Department for
analysis on the right balance of people, technology, and
infrastructure to support its operations. Further, the
Committee encourages DHS to seek technology solutions that will
act as force-multipliers and automate more manual functions
using people to carry out the activities for which they are
essential.
Among the most critical missions, the Committee recommends
increases above the fiscal year 2016 level for aviation
security, cybersecurity, border security, and immigration
enforcement. Additionally, the Committee continues its strong
support for preparedness grants within the Federal Emergency
Management Agency [FEMA] to provide for capabilities at the
State and local level that make our country safer, despite the
administration's proposed reduction of 35 percent for such
programs.
For aviation security, the recommended level includes funds
above the request to continue the Congress' commitment to the
safety and security of the traveling public. The Congress has
consistently pressed the Transportation Security Administration
[TSA] to consider technology advancements and appropriate
staffing levels for the mission since TSA's establishment. The
OIG covert testing, audits, and reviews validated concerns
raised by the Committee and others that perhaps TSA had gone
too far in extending screening benefits via programs such as
Managed Inclusion-2 with no commensurate security gain and
hastily assumed efficiencies. As a result, the fiscal year 2016
appropriation provided for all of the new administrator's
initiatives, from centralized training to increasing staffing
levels by over 600 personnel, all outside the budget request.
Further, the Committee has already approved a reprogramming
submission for TSA of $34,000,000 to fund additional overtime
in fiscal year 2016 and accelerate the hiring of 768 officers.
The aviation community has also stepped up to support TSA and
get through what will be a challenging summer.
In considering the fiscal year 2017 budget, the Committee
again has received a number of requests and changes from TSA
outside the budget request. TSA drastically underestimated
passenger volumes, which in the near-term can only be mitigated
with additional personnel and expedited passenger screening.
The Committee has again provided for these personnel but
remains concerned about TSA's ability to grow its expedited
screening population through PreCheck and other programs. At
the same time, the budget request assumes $880,000,000 in fee
revenues that will not be available in fiscal year 2017. This
set of circumstances imposes a significant burden on the
Committee.
In response to security concerns made apparent most
recently in Brussels, Sharm el Sheikh, and Mogadishu, the
Committee has put together a comprehensive package within TSA's
budget aimed at all of TSA's layers of security, from
increasing personnel and passenger screening canines at the
checkpoint, to fully funding intelligence and pre-screening
activities, as well as fully resourcing our last layers of
defense in the Federal Air Marshal Service and Federal Flight
Deck Officer program. Funding also provides TSA the ability to
support airport security overall, with resources for additional
Explosive Trace Detection [ETD] systems and canines for State
and local law enforcement. This includes:
--1,344 personnel to mitigate wait times, doubling the
increase from fiscal year 2016;
--50 new canine teams, including both Passenger Screening
Canines to increase the expedited population and State
and local dog teams to secure the rest of the airport
and supplement TSA, and the associated logistics and
support costs for these teams;
--New ETD systems to increase the overall fleet;
--Investing in the ``Next Carry-On Baggage X-Ray'' with funds
for research and development [R&D] and an initial
procurement;
--Investing in the Innovation Task Force in support of
additional technology pilots in fiscal year 2017 and to
find new ways to increase passenger throughput
particularly in locations where the space available for
the checkpoint is limited;
--An increase in support for the Federal Flight Deck Officer
Program;
--Full funding for the Federal Air Marshal Service;
--$178,945,000 above fiscal year 2016 enacted for Aviation
Security net and $957,575,000 above the request,
considering the $880,000,000 the request assumed in
additional fee revenue; and
--$214,512,000 above enacted for all of TSA.
Cybersecurity, the second priority in this bill, will
persist as a complex and challenging threat--one that our
Nation struggles to address even while the perpetrators
continue to advance. To that end, the Committee recommends
$1,529,064,000, $182,063,000 above the amount provided in
fiscal year 2016, across DHS for cybersecurity efforts. The
Department shall continue leading the way as an ``early
adopter'' when it comes to deploying cybersecurity measures,
given its responsibility through the National Protection and
Program Directorate [NPPD] for cybersecurity across civilian
government agencies. The recommended level includes cyber-
investigations and cyber-training conducted by the Secret
Service. Through the Secret Service, the Department is not only
conducting extensive cyber-crime investigations, but is
training State and local law enforcement in computer forensics
which bolsters their Electronic Crimes Task Forces across the
country.
Through NPPD, DHS helps secure Federal networks by
providing overarching services, capabilities, and best
practices that are deployed across agencies' information
technology [IT] infrastructure. The Committee includes
$1,004,901,000, $186,152,000 above the amount provided in
fiscal year 2016, for these activities within NPPD, and
supports programs specifically aimed at protecting civilian,
Federal, and State networks. These funds are in addition to
funds that Federal departments and agencies, including DHS,
invest in protecting and upgrading their own systems. Of note,
the recommendation includes:
--$117,042,000, an increase of $22,557,000 above fiscal year
2016, for the U.S. Computer Emergency Readiness Team to
assist government agencies and private sector companies
in protecting their IT systems against emerging cyber
threats, vulnerabilities, and incidents;
--An additional $145,488,000 above fiscal year 2016 for a
total of $281,543,000 for Federal Network Security,
which includes continuous diagnostics and mitigation
for the civilian Federal computer network to detect
malicious activity on government networks; and
--$480,489,000, an increase of $4,667,000 above fiscal year
2016, for Network Security Deployment which includes
the Einstein suite of programs to provide intrusion
prevention, information sharing, and analytic
capabilities across Federal civilian departments and
agencies to enhance protection from cyber threats.
With respect to border security, the Committee includes
total appropriations of $11,182,441,000 for U.S. Customs and
Border Protection [CBP] toward the right mix of people,
technology, and infrastructure. As CBP works to validate the
level of staffing necessary to perform the mission, the
Committee continues to press for 21,370 Border Patrol agents,
23,775 CBP officers, and 1,054 pilots and marine operators to
patrol and protect our borders. The bill supports:
--Border security technology enhancements, including tactical
communications equipment, mobile surveillance assets,
cameras, surveillance radars, laser illuminators,
ground sensors, increased reuse of Department of
Defense [DOD] equipment, integrated fixed towers,
relocatable towers, and low-level airborne surveillance
systems (aerostats);
--Border security infrastructure investments, including
$20,000,000 above the request for maintenance of border
roads and fencing;
--96,000 flight hours, procurement of three additional multi-
role enforcement aircraft, five replacement
helicopters, UH-60 Black Hawk recapitalization, and
unmanned aerial systems [UAS] operations, including
funds to standardize and modernize the UAS fleet;
--Technology improvements to CBP's IT backbone to support
more than 60,000 CBP personnel, as well as enhancements
to advanced targeting systems and those facilitating
commerce; and
--CBP hiring process enhancements to ensure frontline staff
are properly vetted, hired timely, and placed where
they are needed.
As an extension of our border security needs, the Coast
Guard's vessel and air fleets continue to be vital. As such,
the Committee continues essential recapitalization funding to
support long lead time materials [LLTM] for a tenth National
Security Cutter, LLTM for the first Offshore Patrol Cutter, six
additional Fast Response Cutters, small boats, UAS R&D efforts,
and shore infrastructure, as well as vessel and aircraft
operations and maintenance.
Immigration enforcement efforts go hand-in-hand with border
security. The Committee continues its commitment to maintaining
34,000 detention beds to support enforcement and removal
operations and keep our communities safe. Unfortunately, the
budget again proposes significant reductions to bed capacity
which are below even the level at which U.S. Immigration and
Customs Enforcement [ICE] is operating. The recommended level
of $5,963,984,000 for ICE, which is $131,943,000 above fiscal
year 2016 enacted, includes funds to sustain recent growth in
the Visa Security Program and mobile criminal alien enforcement
teams, and continues robust funding for priorities including
visa overstay and human trafficking enforcement. The Committee
staunchly supports enforcement of our Nation's immigration
laws.
Finally, the Committee rejects the $559,000,000 reduction
to State and Local Programs within FEMA as proposed in the
request. Since before September 11th, this Nation made a
concerted effort to support the preparedness efforts of State
and local governments, and the Committee reemphasizes this
commitment by maintaining grant programs at fiscal year 2016
levels. The grant programs provide funding to State, local,
tribal, and territorial governments, as well as transportation
authorities, nonprofit organizations, and the private sector,
to improve the Nation's readiness in preventing, protecting
against, responding to, recovering from and mitigating
terrorist attacks, major disasters, and other emergencies. FEMA
continues working with grantees on State Preparedness Reports
and the Threat Hazard Identification and Risk Assessment. Both
these efforts move us closer to applying robust metrics to
quantify the return on investment of these critical programs.
References
This report refers to several Public Laws by short title as
follows: the Budget Control Act of 2011, Public Law 112-25, is
referenced as the BCA; Implementing Recommendations of the 9/11
Commission Act of 2007, Public Law 110-53, is referenced as the
9/11 Act; and the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, Public Law 93-288, is referenced as
the Stafford Act.
Any reference in this report to the Secretary shall be
interpreted to mean the Secretary of Homeland Security.
Any reference to the Department or DHS shall be interpreted
to mean the Department of Homeland Security.
Any reference in this report to a departmental component
shall be interpreted to mean directorates, components, offices,
or other organizations in the Department of Homeland Security.
Any reference to FTE shall mean full-time equivalents.
Any reference to PPA shall mean program, project, and
activity.
Any reference to HSPD shall mean Homeland Security
Presidential Directive.
Any reference to GAO shall mean the Government
Accountability Office.
Any reference to OIG shall mean the Office of Inspector
General of the Department of Homeland Security.
DEPARTMENT OF HOMELAND SECURITY
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
Appropriations, 2016.................................... $137,466,000
Budget estimate, 2017................................... 136,451,000
Committee recommendation................................ 136,081,000
The Office of the Secretary and Executive Management
supports the Department by providing direction, management, and
policy guidance to operating components. The specific
activities funded by this account include: the Immediate Office
of the Secretary; the Immediate Office of the Deputy Secretary;
the Office of the Chief of Staff; the Executive Secretary; the
Office of Policy; the Office of Public Affairs; the Office of
Legislative Affairs; the Office of Partnership and Engagement;
the Office of General Counsel; the Office for Civil Rights and
Civil Liberties; the Citizenship and Immigration Services
Ombudsman; and the Privacy Officer.
COMMITTEE RECOMMENDATION
The Committee recommends $136,081,000 for the Office of the
Secretary and Executive Management. This is $370,000 below the
amount requested and $1,385,000 below the amount provided in
fiscal year 2016. Of this amount, the Committee recommends not
to exceed $45,000 for official reception and representation
expenses. The recommended level in this account reflects funds
in the Office of Policy requested for a new Chemical,
Biological, Radiological, Nuclear, and Explosives [CBRNE]
Office that is not yet authorized by the Congress. In addition,
$600,000 above the request is included in the Office of Policy
for data experts required by the Office of Immigration
Statistics [OIS].
The Department shall continue to submit quarterly
obligation reports to the Committee for all DHS reception and
representation expenses as required in prior years. The
Department shall refrain from using funds available for
reception and representation to purchase unnecessary
collectibles or memorabilia.
The Committee expects the Department to provide complete
justification materials with the fiscal year 2018 budget
request, including expenditure plan data for the offices within
this account.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Secretary......................... 8,922 12,428 12,378
Immediate Office of the Deputy Secretary.................. 1,748 1,734 1,734
Office of the Chief of Staff.............................. 2,696 2,644 2,634
Executive Secretary....................................... 5,601 5,481 5,441
Office of Policy.......................................... 39,077 37,049 37,129
Office of Public Affairs.................................. 5,472 5,384 5,384
Office of Legislative Affairs............................. 5,363 5,287 5,287
Office of Partnership and Engagement...................... 13,074 11,692 11,592
Office of General Counsel................................. 19,472 19,298 19,248
Office for Civil Rights and Civil Liberties............... 21,800 21,403 21,203
Citizenship and Immigration Services Ombudsman............ 6,272 6,200 6,200
Privacy Officer........................................... 7,969 7,851 7,851
-----------------------------------------------------
Total, Office of the Secretary and Executive 137,466 136,451 136,081
Management.........................................
----------------------------------------------------------------------------------------------------------------
BORDER SECURITY METRICS
The bill includes language requiring publication of border
security metrics on the Department's Web site, subject to a
withholding of $13,000,000 from obligation for the Office of
the Secretary and Executive Management. Despite substantial
interest over the years, there are no reliable measures of
border security effectiveness available to the public. Several
attempts at this effort have been made, both by the Department
and by the academic community, but the efforts either were not
grounded in data or fell flat given political pressures. The
Department has failed to produce reliable measures, even as the
Congress continued to provide strong direction regarding
development of these measures, including direction from this
Committee in Senate Report 114-68 and from the Committees on
Appropriations in the explanatory statement accompanying Public
Law 114-113.
Over the past 2 years, the Secretary has directed a
rigorous initiative to improve data inputs, develop models,
conduct peer reviews of methodology, and establish measures
that are statistically-valid and repeatable. With the change of
administration next year, fiscal year 2017 is the time to
release these measures so they can inform the public discourse
on border security for the future.
Additionally, the Congress has consistently invested in
border security capabilities as a major priority. Yet, the
Committee has been frustrated by the lack of a strategy for
assessing the results of these investments, as metrics and the
anticipated results from proposed spending should be at the
foundation of efforts prioritizing future investments. The
Department is conducting a ``winter study'' on this topic while
it is also, at long delay, producing an integrated plan for
intelligence, surveillance, and reconnaissance assets. The
Committee directs the Department to brief on these efforts not
later than 30 days after the date of enactment of this act.
PUBLIC REPORTING OF OPERATIONAL STATISTICS
The Committee continues its requirement that the Department
submit quarterly Border Security Status reports and data on the
deportation of parents of U.S.-born children semiannually, as
in prior years. Unfortunately, because of the Department's
failure to make progress in public reporting of operational
statistics, the Committee must continue a number of briefing
and reporting requirements that it would otherwise eliminate as
seen throughout this report. As part of its regular updates to
the Committee, OIS shall provide a plan for public reporting of
statistics and data. OIS is encouraged to review the
requirements throughout this report for the border security and
immigration operations data that the Congress is seeking and
that should be addressed in this plan. The recommended level
for the Office of Policy includes additional staff to achieve
the public reporting plan. In addition, the Office of the Chief
Information Officer [OCIO] is funded to provide software and
hardware support as necessary.
Over the years, the Committee has provided strong direction
regarding the need for regular, consistent, and reliable public
reporting of border security and immigration operations. The
Committee appreciates the Secretary's interest in this issue
and the renewed investment in OIS, but is disappointed with the
slow progress. For that reason, the Committee reiterates
language in Senate Report 114-68 regarding expectations for, at
a minimum, the collection and reporting of the following
measurements or estimates based on the best available data
collected within the Department and its component agencies and
based on fully explained methodologies:
--annual estimates of the total number of unauthorized
immigrants in the United States;
--annual estimates of the total number of unauthorized
entries by foreign nationals during the previous year
including the following specific sub-estimates:
estimates of the number of unauthorized entries by
foreign nationals at other than authorized ports of
entry [POEs] to the United States and estimates of the
number of unauthorized entries by foreign nationals
made through the authorized POEs to the United States
(either by fraud, false claims, or via concealment or
evasion of inspection);
--annual estimates of the number of new visa overstays in the
United States during the year;
--annual reporting of the total number of unauthorized
immigrants removed from the United States including the
following specific information: the number of
individuals apprehended at the border, at border
checkpoints, or at POEs who are subsequently removed;
the number of individuals apprehended in the interior
of the United States and subsequently removed; and the
number of individuals who depart the United States
pursuant to: a final order of formal removal from an
immigration judge; an administrative removal due to an
aggravated felony; an expedited removal under the
authority of CBP or ICE; reinstatement of a previous
removal order; stipulated removal pursuant to
proceedings before an immigration court; voluntary
return without a formal removal order (either expedited
or administrative); voluntary departure permitted under
the order of an immigration judge; or other means of
departure (with description of the legal or
administrative authority under which the departure was
effected); for each of the preceding categories, where
possible, the data shall be delineated by nationality,
gender, family unit, unaccompanied alien children,
priority, and other attributes such as gang affiliation
and criminal level;
--number of formerly unauthorized immigrants who are adjusted
to or granted legal status under any of the following:
adjustment or change of status under provisions of the
Immigration and Nationality Act, including details on
the provision of law under which the adjustment or
change was granted; grant of administrative discretion
under Temporary Protected Status, deferred action or
any other administrative relief, including the number
granted work authorization based on such discretion
granted; or grant of status or relief from removal
pursuant to an order of an immigration judge, or
pursuant to an agreement between the parties in
immigration court;
--estimates of the number of unauthorized immigrants who have
departed the United States on their own accord, without
any intervention or encounter with immigration
authorities; and
--estimates of the number of unauthorized immigrants who have
died during the past year in the United States.
Where appropriate, the Department shall continue to work
with other agencies, particularly the Office of Refugee
Resettlement of the Department of Health and Human Services and
the Department of Justice Executive Office for Immigration
Review to ensure that authoritative data sources are utilized.
EXIT
The Congress has made clear its priority that the
Department implement biometric exit. Unfortunately, the
Comprehensive Biometric Entry/Exit Plan submitted to the
Congress, as required by Public Laws 113-76 and 114-4, did not
clearly articulate resources needed or the schedule by which
DHS would move forward. In the meantime, Public Law 114-113
provided a dedicated funding stream for exit implementation
through changes to H-1B and L-1 visa fees, revenue that United
States Citizenship and Immigration Services [USCIS] is already
collecting for CBP use.
Before this Committee on February 24, 2016, the Secretary
set a timetable by stating categorically more than once, ``we
want to begin implementing this as soon as 2018 at airports,
biometric exit . . . I believe this deadline will be met.'' As
such, the Department is directed to provide a spend plan for
the H-1B and L-1 fees and other resources being applied to exit
implementation in fiscal years 2016 and 2017 not later than 30
days after the date of enactment of this act.
The Committee understands that shared U.S.-Mexico entry and
exit data exchange programs are not yet in place due primarily
to the lack of border infrastructure in Mexico. The Committee
encourages the Secretary to continue emphasizing the importance
of joint infrastructure that can support entry and exit data
exchange with the Government of Mexico in the future. The
Committee further directs the Department to brief the Committee
within 180 days of the date of enactment of this act detailing
ongoing efforts to address entry and exit data collection in
the land border environment.
VISA OVERSTAYS
Pursuant to 8 U.S.C. 1376, the Department is required to
collect data on nonimmigrant aliens who have overstayed their
visas and report annual estimates to the Congress. For the
first time, perhaps ever, the Department provided a report
covering nonimmigrant visitors who entered the United States
for business or pleasure through air and sea POEs for fiscal
years 2014 and 2015. The Committee appreciates this initial
effort, but notes that the report did not cover the entirety of
the required population largely due to data challenges. While
biometric exit remains a top priority for the Congress, those
data challenges demonstrate that determining immigration status
of those who have not departed the United States involves a
myriad of biographic data systems that are not linked
adequately and fail to operate in a person-centric fashion.
The Department has committed to enhancing the information
provided in its overstay report for fiscal year 2016 and is
aware of congressional interest in overstay data for students
and temporary workers. In this bill and report, the Committee
continues to make investments in immigration data improvements
and in underlying IT capabilities that shall be applied to
enhance information for operations, management needs, and the
next overstay report. Specifically related to students, the
Committee is aware that ICE has not obligated all the funds
available for the Student and Exchange Visitor Program, which
is discussed later in this report, and these funds could be
applied to support overstay reporting.
While the Committee continues to expect that the Department
will provide the report on an annual basis, the bill again
includes language directing submission of the overstay report
and withholding $13,000,000 from obligation for the Office of
the Secretary and Executive Management until this report has
been submitted.
Moreover, the Committee also continues $10,000,000 in
funding dedicated to ICE enforcement efforts related to visa
overstays. In addition, the Department shall submit a report
outlining its comprehensive strategy for overstay enforcement
and deterrence not later than 180 days after the date of
enactment of this act. The report shall detail the steps being
taken to identify aliens who have overstayed their visas,
including those necessary to improve the capabilities to report
such information; notify aliens of their required departure
dates in advance; track such overstays for enforcement action;
refuse or revoke current and future visas and travel
authorization; and otherwise deter violations or take
enforcement action. The report shall also outline the
conditions under which an alien is admitted to the United
States for ``duration of status'' and assess changes to such
admission, since the required departure requirement is vague
and complicates enforcement.
VISA POLICY RESPONSIBILITIES AND VISA WAIVER PROGRAM
With the creation of DHS, the Secretary was granted visa
policy responsibility, including the authority to refuse and
revoke visas. Working with the Department of State, DHS has
instituted changes to increase the security of the visa
issuance process over the years, including as required by acts
of Congress. However, the Secretary has not delegated visa
refusal and revocation authorities to appropriate DHS
components to the Committee's knowledge. Therefore, the
Department is directed to consider delegation of these
authorities, assess any resulting benefits such as to national
security or to streamlining procedures, and brief the Committee
not later than 120 days after the date of enactment of this act
on its assessment.
Given the current threat environment, concerns remain
regarding the Visa Waiver Program [VWP]. While significant
security enhancements have been added in recent years, the
Department has acknowledged that countries are in varying
stages of implementation particularly when it comes to
information sharing requirements. For that reason, the
Committee directs the Department to update the Committee not
later than 120 days after the date of enactment of this act on
the country reviews conducted, compliance levels with
requirements, and capabilities for and extent of information
sharing as required under the VWP.
COOPERATION WITH CENTRAL AMERICAN NATIONS
Given the continued historic rate of illegal aliens from
Guatemala, El Salvador, and Honduras coming to the United
States, the efforts of the Government of Mexico in enforcing
its southern border remain critical. It is also imperative that
both the United States and Mexico continue working with these
Central American nations to improve their civil law enforcement
capabilities, including the sharing of criminal history
information, prior orders of removal, and immigration
enforcement actions. The Committee recognizes ICE's Criminal
History Information Sharing [CHIS] agreements with El Salvador,
Guatemala, Honduras, the Dominican Republic, Jamaica, and the
Bahamas, as well as their plans to formalize arrangements with
several more nations. Further, ICE is working with the Federal
Bureau of Investigation's Criminal Justice Information System
Advisory Board to increase the number of conviction codes that
are shared between nations, an important step in improving the
CHIS program and protecting national security.
The Committee notes that ICE continues to find success
through its Biometric Identification Transnational Migration
Alert Program that involves biometric data collection from
special interest aliens, violent criminals, fugitives, and
confirmed or suspected terrorists encountered by foreign law
enforcement and military personnel. The Department, in
conjunction with appropriate partner agencies, shall brief the
Committee not later than 90 days after the date of enactment of
this act on these critical information sharing efforts.
COUNTERING VIOLENT EXTREMISM
Consistent with the request, the recommended level for the
Immediate Office of the Secretary includes funds for the Office
of Community Partnerships [OCP] that was created last year and
funded in the Office of Partnership and Engagement. The mission
of OCP is to build community partnerships necessary to support
efforts for countering violent extremism [CVE]. In some
communities, there is a sense of urgency to expand current CVE
efforts. At the same time, other communities are struggling
with how to approach the issue. OCP provides expertise and
support to all these communities, and as such, their outreach
as part of a whole-of-government approach is critical.
To make progress in CVE, the Congress provided $10,000,000
in fiscal year 2016 to help States and local communities
prepare for, prevent, and respond to emergent threats from
violent extremism. An additional $50,000,000 is recommended for
fiscal year 2017. The Committee expects the Department to award
these funds expeditiously and smartly by funding different
approaches and projects and assessing each effort's
effectiveness in CVE. Given the sensitivities around these
issues and the need to implement programs appropriately, the
funds are available for 2 years. DHS shall keep the Committee
apprised of its CVE efforts.
STRENGTHENING DHS UNITY OF EFFORT
While the Committee commends the Secretary's continued
focus on integrating and strengthening the Department's
planning, policy, management, and operations processes, unity
of effort will only be achieved where components are engaged
and realize value. The Department shall brief the Committee on
its goals and achievements related to unity of effort,
including measures of component buy-in and value provided, not
later than 30 days after the date of enactment of this act.
Further, the Department is seeking legislative authority to
codify many initiatives under unity of effort. One particular
initiative, a joint duty training and assignment program, has
not been launched because it is awaiting congressional action.
In its unity of effort briefing, the Department shall provide
information as to why such an effort cannot be undertaken
without new authorizing legislation.
The Committee continues to support the Department's efforts
to reinstitute a joint requirements process that will provide
greater oversight of major acquisitions. At the same time, the
Department's inability to communicate progress in and results
of this process is disappointing. Funding provided in fiscal
year 2016 is continued under the Immediate Office of the
Secretary for the Joint Requirements Council [JRC]. The
Committee directs the Department to provide regular updates on
the decisions and reviews conducted by the JRC and the results
of those activities.
BLUE CAMPAIGN
More than 5 years ago, the Department launched the Blue
Campaign as an umbrella for the many activities components had
undertaken to counter the heinous crime of human trafficking.
DHS components, particularly the Federal Law Enforcement
Training Center [FLETC], ICE, and CBP, have provided training
to Federal human trafficking task forces, more than 10,000
State, local, and campus law enforcement professionals, over
2,000 foreign law enforcement partners, and approximately
50,000 airline employees. The recommended funding level for the
Office of Partnership and Engagement includes the $819,000
requested to institutionalize the program management of the
Blue Campaign.
INSPECTOR GENERAL ACCESS
The Committee appreciates the leadership demonstrated by
the Secretary and the Department's management team in ensuring
full cooperation with OIG. Across the executive branch, the
cooperation level is not as robust as it should be, as is
required by law, nor as robust as it is at DHS. But as a
reminder and given the change of administration that will come
during fiscal year 2017, the Committee reiterates that the law
requires OIG have ``full and prompt access to all documents''.
Pursuant to section 739 of division E of Public Law 114-113
and prior appropriations Acts, the Department must submit
reports to OIG regarding certain conference spending. To
facilitate OIG's reporting to this Committee, the Department
shall submit its annual report to OIG not later than 45 days
after the end of the fiscal year.
PUBLIC ACCESS TO FEDERALLY FUNDED RESEARCH
The Committee is disappointed that DHS has not yet
completed its plan to provide public access to its federally
funded research in accordance with the guidance issued by the
Office of Science and Technology Policy [OSTP]. While progress
has been made in selecting a repository to use, DHS through the
Science and Technology Directorate [S&T] continues to gather
requirements from components across the Department that fund
work that results in publication. The Committee expects to be
kept informed of the progress being made to implement the OSTP
guidance and to be notified once OSTP approves the DHS plan.
TRANSPARENCY REQUIREMENT
The Committee is aware that the Department uses resources
for advertising purposes. As such, the Committee directs the
Department and its components to state within the text, audio,
or video used for new advertising purposes, including
advertising and posting on the Internet, that the
advertisements are printed, published, or produced and
disseminated at U.S. taxpayer expense. The Department and its
components may exempt any such advertisements from this
requirement if it creates an adverse impact on safety or
security, or impedes the ability of these agencies to carry out
their statutory authority.
WILDLIFE TRAFFICKING
As previously discussed in Senate Reports 113-198 and 114-
68, the Committee is concerned about the sharp increase in
illegal international trade in wildlife and wildlife products
and expects DHS to work in partnership with the U.S. Fish and
Wildlife Service to improve their cooperative efforts to better
address wildlife trafficking. The Committee remains frustrated
that the Department has failed to produce specific reports on
these activities as required in Senate Report 113-198 and in
the explanatory statement accompanying Public Law 114-113.
These reports should be provided to the Committee
expeditiously. A similar report for fiscal year 2017 should be
provided not later than 45 days after the close of the fiscal
year.
REAL ID
The Committee supports the Department's continued effort to
implement the REAL ID program. Improving the security of U.S.
identification will have a positive impact on security in many
facets of our lives. The Committee also strongly supports the
continued use of the law's extension provision, which gives the
Secretary discretion to grant States additional time to meet
the required minimum standards if the State provides adequate
justification for noncompliance. States should have the
opportunity to consider and debate methods of compliance
consistent with their individual values and traditions, without
sanction.
USE OF INTERNATIONAL MOBILE SUBSCRIBER IDENTITY CATCHER TECHNOLOGY
The Committee directs the Department, including all of its
agencies, to report to the appropriate congressional
committees, within 180 days of the of the date enactment of
this act, with the number of times International Mobile
Subscriber Identity [IMSI] Catchers and similar surveillance
technology devices have been deployed, how many individuals
have been apprehended using IMSI Catchers and related
technologies, and how many times IMSI Catchers and related
technologies have been utilized to gather evidence relevant to
a case against any apprehended individuals.
STATE POLICE CRIME LABS
The Department's investigative and security components lead
many of the Federal Government's counternarcotics and law
enforcement efforts. The collective work of CBP, ICE, Coast
Guard, and Secret Service includes investigations and
operations in communities large and small across our Nation. As
a result, the Department often works closely with and shares
capabilities among State, local, tribal, and foreign law
enforcement agencies, including State police crime labs. These
labs provide the Department with a number of critical
capabilities, including fingerprint, drug, and cell phone
analysis. Likewise, these DHS components provide many of the
same services to State, local, tribal, and foreign law
enforcement agencies.
Coordination among Federal and State law enforcement
agencies not only ensures efficient use of resources, it also
improves public safety outcomes. To that end, the Department
should continue to work with State crime labs where available,
particularly in areas not served by DHS labs or other similar
Federal facilities. The Department should also continue to
provide whatever assistance is appropriate to State police
crime labs to ensure Federal requirements do not burden State
resources. Moreover, for areas where the Department frequently
relies on State crime labs, additional support may be
appropriate to prevent the accumulation of backlogs that can
slow Federal and State investigations. DHS shall report
annually on its use of and partnerships with State crime labs,
including the funds associated with such partnerships, and
should fully reimburse State crime labs for any services they
provide.
SERVICE LEVEL STANDARDS
To the millions of people traveling every day, TSA and CBP
are the face of DHS and of the Federal Government. It is
critical for DHS to provide for the security of the traveling
public while facilitating their efficient movement through the
aviation system. Unfortunately, TSA and CBP have both faced
challenges in managing passenger throughput, challenges that
have been compounded by inadequate communication with airports,
airlines, other stakeholders, and the traveling public about
what service levels they can expect. The Department should be
held to consistent, quantifiable, and transparent metrics which
measure service levels for these components. As such, the
Committee directs that the Department, in close cooperation
with the airports, airlines, and other appropriate
stakeholders, develop standard service levels to be shared with
key stakeholders. The Committee notes that TSA has the Aviation
Security Advisory Committee which is an appropriate body to
represent the industry on the standard service levels
development. These standards must ensure the safety and
security of the traveling public and should consider factors
such as wait times and passenger satisfaction as well as agency
responsiveness to electronic inquiries. Once established, the
Department shall ensure staffing and processes are adequate to
meet or exceed the standards, regularly and systematically
measure performance, including by customer survey, and ensure
that standards not sensitive for security purposes are made
public so that travelers can hold the Department accountable
for meeting the standards.
Office of the Under Secretary for Management
Appropriations, 2016.................................... $196,810,000
Budget estimate, 2017................................... 231,975,000
Committee recommendation................................ 225,875,000
The Under Secretary for Management oversees management and
operations of the Department, including procurement and
acquisition, human capital, and property management. The
specific activities funded by this account include the
Immediate Office of the Under Secretary for Management, the
Office of the Chief Security Officer, the Office of the Chief
Procurement Officer [OCPO], the Office of Program
Accountability and Risk Management [PARM], the Office of the
Chief Human Capital Officer [OCHCO], and the Office of the
Chief Readiness Support Officer.
COMMITTEE RECOMMENDATION
The Committee recommends $225,875,000 for the Under
Secretary for Management. This is $6,100,000 below the amount
requested and $29,065,000 above the amount provided in fiscal
year 2016. The increase over fiscal year 2016 is largely
associated with consolidation of personnel costs previously
paid through the Working Capital Fund for procurement and human
capital services. The Committee supports the Department's
initiative to bring greater transparency to the cost of
management operations and to eliminate an inefficient, circular
reimbursement process. Of this amount, the Committee recommends
not to exceed $2,000 for official reception and representation
expenses.
The recommendation provides $36,447,000 for OCHCO, the same
level as requested and $4,471,000 above the fiscal year 2016
enacted level. The Human Resources Information Technology
Program is transferred to OCIO, as requested.
The bill continues the requirement for submission of a
Comprehensive Acquisition Status Report in the President's
fiscal year 2018 budget with quarterly updates to be submitted
45 days after the completion of each quarter. The requirements
for the reports are described in House Report 112-331.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management.... 3,393 3,758 3,658
Office of the Chief Security Officer...................... 69,120 61,723 60,723
Office of the Chief Procurement Officer................... 60,630 101,452 96,952
Office of the Chief Human Capital Officer:
Salaries and Expenses................................. 24,198 36,447 36,447
Human Resources Information Technology................ 7,778 ................ ................
Office of the Chief Readiness Support Officer:
Salaries and expenses................................. 27,235 25,664 25,164
Nebraska Avenue Complex............................... 4,456 2,931 2,931
-----------------------------------------------------
Total, Office of the Under Secretary for Management. 196,810 231,975 225,875
----------------------------------------------------------------------------------------------------------------
PROCUREMENT PROCESSES
In Senate Reports 113-198 and 114-68, the Department
received direction to outline each step of its procurement
processes, including the personnel responsible for each step,
and set expectations for the time each step should take. The
goal is to improve transparency for everyone involved in the
processes and facilitate timely, effective acquisitions and
procurements that meet mission needs.
OCPO and PARM have made significant progress in this area
through their development of procurement action lead times and
acquisition program health assessments. The Committee believes
both of these efforts, particularly as they mature, will be
effective management tools to evaluate performance, identify
any issues, and fix problems along the way. The Department
shall brief the Committee not later than 120 days after the
date of enactment of this act on its continued efforts to
ensure effective, efficient, and transparent procurement
processes and program management.
Further, the Committee commends OCPO for its initiatives to
engage industry and the entire acquisition community within the
Department to improve the way DHS does business. Rather than
counting the number of industry days DHS holds, OCPO has
established a robust, focused cycle of roundtables, webinars,
and training sessions on substantive issues like how to debrief
vendors post-award, how vendors and the Government approach
pricing differently, and how to structure contracts for agile
services. OCPO should include an update on these efforts in the
briefing required above.
HIRING DELAYS
Hiring, including keeping up with attrition, persists as
the Department's most daunting management challenge. The lack
of ability to onboard personnel continues a vicious cycle of
bloated and unrealistic budget requests; unfilled mission
needs; poor morale; and higher attrition. Despite significant
management attention to this issue for the past 2 years, the
average number of days to hire an employee in a mission
critical position at DHS went from 254 in fiscal year 2014 to
266 days in fiscal year 2015. To be sure, cybersecurity
incidents at the Office of Personnel Management and certain DHS
contractors contributed to this increase. DHS has made some
progress in hiring support positions which should help in
future hiring of mission critical positions.
Further, the Committee remains convinced that DHS needs
better insights into its hiring processes, including regular
monitoring of the time each step takes in the process, so that
the process is transparent and appropriate officials are held
accountable. The Committee directs the Department to continue
working with all its components to develop consistent,
repeatable metrics on hiring, attrition, and the onboarding
process. CBP has made great strides in documenting its process,
identifying chokepoints, attacking inefficiencies, and seeking
new ways to bring qualified people on board, such as ``hiring
hubs'' which streamline the hiring process for qualified
applicants. CBP's multi-pronged approach, starting with the
collection of relevant metrics, and follow-on efforts should be
a model to other components. DHS is to brief the Committee not
later than 60 days after the date of enactment of this act on
its strategy to decrease the number of days it takes to hire,
provide quarterly metrics by component, and move toward monthly
metrics reporting. CBP shall continue monthly reporting.
OVERTIME PAY PROPOSALS
Following a 2013 Office of Special Counsel report detailing
rampant abuse of administratively uncontrollable overtime
[AUO], the Department issued a new policy and actions were
taken across components to de-authorize payment of AUO. This
issue highlighted a need for overtime pay reform for several
DHS law enforcement workforces. Unfortunately, the Department
chose to only pursue reform for Border Patrol through the
Border Patrol Agent Pay Reform Act [BPAPRA] enacted in 2015,
leaving other law enforcement components to continue to rely on
AUO as their primary compensation mechanism for overtime. The
Department has only recently been working on legislative fixes
for ICE Enforcement and Removal Operations [ERO] and CBP Air
and Marine Operations [AMO] staff that, similar to BPAPRA,
could result in cost savings, provide the workforce more
certainty in their pay expectations, and help morale. The
Committee notes that the AMO proposal was transmitted to the
relevant congressional committees in March, while the ERO
proposal has not yet been transmitted. The Committee encourages
DHS to act as one Department when considering significant
management reform legislation and reminds DHS that all overtime
systems must be managed appropriately by supervisors.
ADMINISTRATIVE LEAVE AND LONG-TERM DETAILS
For the reasons outlined in the explanatory statement
accompanying Public Law 114-113, the Department shall continue
providing monthly data on the use of paid administrative leave
for all periods beyond 1 month. Such information shall also be
broken down by component. In addition, the Committee is
interested in understanding the number of long-term detail
assignments outside an employee's home office or component that
last longer than 3 years, to include assignments in other
departments, agencies, and entities. Therefore, the Department
is directed to provide data regarding long-term detailees not
later than 120 days after the date of enactment of this act, to
include a break-down by home office or component, the receiving
office or component, the grade level of the employees, and the
authority for such detail. To the extent these details are
reimbursable or the home office or component is not supporting
the employee's salary and benefits costs, the data should note
that fact.
HEADQUARTERS CONSOLIDATION
A general provision is included in the bill providing
$225,532,000 for costs associated with headquarters and mission
support consolidation. The bulk of the fiscal year 2017 request
is for a new FEMA headquarters at St. Elizabeths that is timed
to address FEMA's lease expirations and will consolidate FEMA's
current seven locations in Washington, DC. The Under Secretary
shall submit an expenditure plan not later than 90 days after
the date of enactment of this act detailing how these funds
will be allocated, including a revised schedule and cost
estimates for headquarters consolidation. The Department shall
notify the Committee within 30 days of any deviation from the
expenditure plan.
Additionally, the Committee is aware that half of the
Department's leased facilities nationwide will be up for re-
competition within the next 5 years. DHS has undertaken an
effort, now supported by the General Services Administration,
to approach this opportunity strategically and assess
opportunities for consolidation and for efficiencies. The
Department shall keep the Committee apprised of these efforts.
Office of the Chief Financial Officer
Appropriations, 2016.................................... $56,420,000
Budget estimate, 2017................................... 58,825,000
Committee recommendation................................ 58,425,000
The Office of the Chief Financial Officer [OCFO] is
responsible for the fiscal management and financial
accountability of DHS. OCFO provides guidance and oversight of
the Department's budget execution while ensuring that funds are
allocated and expended in accordance with relevant laws and
policies. This account funds the Budget Division, Office of
Financial Operations, Office of Program Analysis and
Evaluation, Office of Financial Management, Resource Management
Transition Office, the Office of the Government Accountability
Office/Office of Inspector General Audit Liaison, Cost Analysis
Division, Risk Management and Assurance, and Workforce
Development.
COMMITTEE RECOMMENDATION
The Committee recommends $58,425,000 for OCFO. This is
$400,000 below the amount requested and $2,005,000 above the
amount provided in fiscal year 2016.
The recommendation includes $41,215,000 for Financial
Systems Modernization as a general provision in title V of this
act, the same level as requested.
COMMON APPROPRIATIONS STRUCTURE
This bill and report recommend funding for DHS in the same
structure as fiscal year 2016, despite the Department's
submission of the fiscal year 2017 request in a new ``common''
appropriations structure. As proposed, the new structure would
reduce controls and congressional oversight to a degree that is
unacceptable to this Committee. It is disappointing that the
Department failed to address the Committee's concerns before
transmitting the budget request in this structure.
At the same time, the Committee continues to believe that
the goal of following funds from planning through execution is
critical to departmental oversight of the components as well as
establishing a capability to make tradeoffs in resource
allocation and budget development decisions. As such, the
Committee is willing to undertake the effort necessary, working
with the Department and the House Committee on Appropriations,
to transition from the current structure to a more common
appropriations structure, specifically in common accounts,
consistent with the guidance provided in fiscal year 2016.
Under the account level, a structure closer to the current PPAs
would maintain controls and transparency regarding
congressional priorities and the offices and officials
responsible for execution of funds.
In addition, the Department shall continue aggressively
instituting financial management policies and procedures,
particularly as it relates to budget formulation. These
policies enable a truly common approach to building solid
budget justifications.
ANNUAL BUDGET JUSTIFICATIONS
The Chief Financial Officer is directed to ensure that
fiscal year 2018 budget justifications for classified and
unclassified budgets of all Department components are submitted
on February 6, 2017, concurrent with the President's budget
submission to the Congress. The justifications shall include:
--Detailed data and explanatory descriptions for each
appropriations request and for each PPA reflected in
the table accompanying this report, including offices
that have been identified as PPAs. Information should
be presented in quantifiable terms with specific
breakdowns of the funding.
--Tables that compare prior year actual appropriations and
obligations, estimates of current year appropriations
and obligations, and the projected budget year
appropriations and obligations for all PPAs,
subprograms, and FTE, including identifying each
increase, decrease, transfer, and staffing change
proposed in fiscal year 2018.
--Year-to-year changes described in terms that are clear and
unambiguous, excluding nonspecific terms such as
``technical adjustment'' or ``administrative savings''
unless accompanied by a detailed explanation.
Explanations of adjustments to base funding, whether
increases or decreases, should be specific and compared
to prior year activity level not merely the entire PPA
level. All requested increases shall be justified with
measurable outcomes above the current baseline of
activity--if the Department does not have a current
measure of such baseline activity, the Department shall
establish one before requesting an increase.
--For investment end items with severable unit costs in
excess of $250,000 or a lifecycle cost in excess of
$300,000,000, the project description, justification,
total cost, and scope; key acquisition milestones from
the prior year, year of execution, and budget year; the
funding history by fiscal year, to include prior
enacted appropriations, obligations, and expenditures;
contract information to include contract number,
contractor, type, award date, start date, end date,
earned value management potential in the contract, and
total contract value; significant changes to the prior
year enacted budget, project schedule, and estimated
time to completion.
--For severable end items, the quantity of each item by prior
years, current year, budget year, and out-year; the
quantity of units delivered on contract, funded but not
yet on contract, and planned but unfunded; and the
delivery schedule by quarter for the end item,
delineated by fiscal year funding.
--Information by appropriations account and PPA on all
reimbursable agreements and significant uses of the
Economy Act for each fiscal year.
--An accurate detailed table identifying the last year that
authorizing legislation was enacted into law for each
appropriation, including the amount of the
authorization, when the authorization expires, and the
appropriation in the last year of authorization.
--The text and citation of all Department appropriations
provisions enacted to date that are permanent law.
--Explanations and justifications for all proposed
legislative language changes, whether they are new or
amend existing law, whether they are substantive or
technical in nature, with an annotated comparison of
proposed versus existing language.
--A report on the status of overdue Committee reports, plans,
and briefings for each of fiscal years 2016 and 2017.
Any significant new activity that has not been explicitly
justified to the Congress or for which funds have not been
provided in appropriations Acts requires the submission of a
reprogramming or transfer request during a fiscal year.
COMPONENT OBLIGATION PLANS
The Department shall continue submitting obligation plans
on a quarterly basis consistent with direction provided in the
explanatory statement accompanying Public Law 114-113,
including ensuring that the obligation plans are connected to
activity-level details in the budget justification materials.
For fiscal year 2017, the Committee expects these plans to be
timely given the established routine.
FINANCIAL SYSTEMS MODERNIZATION
The Department has signaled its intent to migrate DHS
components to a Federal shared services provider [FSSP] with
several components leading the way this year. With cost savings
and efficiencies as part of the rationale for this effort,
questions remain regarding the total potential costs of this
approach. Within 60 days of the date of enactment of this act,
the Committee directs the OCFO to provide, by component, the
total cost of migrating to an FSSP. These costs shall be broken
down by major cost driver, phase, and fiscal year for the total
life cycle of the project, including obligations to date.
Estimated and actual cost savings by fiscal year and by major
cost driver for each component shall also be included. In
addition, DHS is to maintain frequent communications with the
Committee on financial management improvement plans necessary
to support the Department's missions, including a timeline for
implementation with discrete milestones. DHS is also required
to update the Committee on any delays that occur during
discovery or implementation phases in a timely manner.
GENERAL PROVISIONS
The Department shall continue providing monthly budget
execution reports including staffing data as in prior years, in
compliance with the included general provision. Further, the
Committee continues to include general provisions addressing
unauthorized fee proposals in future budget requests and pay
reform initiatives.
A statutory provision is also retained requiring the
Secretary to submit a Future Years Homeland Security Program
budget as part of the fiscal year 2018 budget justification.
The report shall be provided in the same manner as prior year
requirements and shall be in unclassified form so as to be
accessible to the general public.
In addition, the Department shall adhere to statutory
weapons and ammunition reporting requirements made permanent in
Public Laws 113-76 and 114-4 respectively.
Office of the Chief Information Officer
Appropriations, 2016.................................... $309,976,000
Budget estimate, 2017................................... 317,513,000
Committee recommendation................................ 307,413,000
The Office of the Chief Information Officer [OCIO] is
responsible for oversight of information technology [IT]
development, oversight of IT acquisition, alignment of IT
systems and infrastructure to the enterprise architecture to
support the missions and activities of the Department.
COMMITTEE RECOMMENDATIONS
The Committee recommends $307,413,000, of which
$102,000,000 is for salaries and expenses, and $205,413,000 is
to be available through fiscal year 2018 for Department-wide
technology investments overseen by OCIO. The recommendation is
$10,100,000 below the amount requested and $2,563,000 below the
amount provided in fiscal year 2016. The reduction is largely
in the salaries and expenses PPA due to a significant number of
vacancies and hiring that will not be achieved.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
OFFICE OF THE CHIEF INFORMATION OFFICER
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses..................................... 109,957 110,000 102,000
Information technology services........................... 91,000 98,494 96,394
Infrastructure and security activities.................... 54,087 54,087 54,087
Homeland secure data network.............................. 54,932 54,932 54,932
-----------------------------------------------------
Total, Office of the Chief Information Officer...... 309,976 317,513 307,413
----------------------------------------------------------------------------------------------------------------
SEMIANNUAL BRIEFINGS
In addition to budget justification materials and
obligation plans, OCIO shall provide semiannual briefings to
the Committee on the execution of its major initiatives and
investment areas. Such briefings shall include details
regarding cost and schedule.
INFORMATION TECHNOLOGY SERVICES
The Committee recommendation includes $96,394,000 for
development, implementation, and maintenance of IT functional
services. The level demonstrates continued commitment to
enterprise implementation of identity and other IT services,
the DHS Data Framework, and the Digital Services team. The
Committee expects OCIO to continue to provide leadership and
support to enterprise efforts related to immigration data and
the joint wireless program. With regards to immigration data,
OCIO, working with the appropriate components, shall provide
the software and hardware necessary for the Office of
Immigration Statistics to access component data and perform its
mission.
INFRASTRUCTURE AND SECURITY ACTIVITIES
The Committee recommendation includes $54,087,000 for
development and acquisition of IT equipment, software,
services, and related activities.
The Department continues to be a leader in data center
consolidation which has brought greater operational
efficiencies, a reduced IT footprint, reduced energy
consumption, and opportunities for shared capabilities. Data
Center 1 is a premiere facility and a strategic computing asset
ready to serve other Federal customers. The Committee expects
the Department to support the National Aeronautics and Space
Administration in ensuring this government investment is best
utilized. In addition, the Department shall continue to brief
the Committee on a periodic basis regarding its execution of
remaining data center migration funds, its use of existing data
center contract vehicles to enable further consolidation in
Data Center 1, and its open market strategy for cloud services.
SHARING AND SAFEGUARDING CLASSIFIED INFORMATION
The recommendation includes $12,800,000 to support
information sharing and safeguarding measures to protect
classified national security information. OCIO shall cover
these programs as part of its semiannual briefings to the
Committee.
STREAMLINING ACQUISITIONS AND DOCUMENTATION
As part of the Department's effort to improve its
requirements development and acquisition processes, OCIO and
PARM are working together on an initiative to ensure the
processes, and artifacts required in the processes, make sense
for the buy. Further, the current processes and required
artifacts do not support agile development efforts and, in
fact, create an undue burden with no real oversight or program
management benefit. The Committee is very interested in the
four pilots underway to test new processes and directs OCIO and
PARM to brief the Committee not later than 60 days after the
date of enactment of this act on their results.
Analysis and Operations
Appropriations, 2016.................................... $264,714,000
Budget estimate, 2017................................... 265,719,000
Committee recommendation................................ 260,201,000
The account supports activities to improve the analysis and
sharing of threat information, including activities of the
Office of Intelligence and Analysis [I&A] and the Office of
Operations Coordination.
COMMITTEE RECOMMENDATION
The Committee recommends $260,201,000 for Analysis and
Operations. This is $5,518,000 below the amount requested and
$4,513,000 below the amount provided in fiscal year 2016. The
recommended level in this account reflects funds requested for
a new CBRNE Office that is not yet authorized by the Congress.
The details of these recommendations are included in a
classified annex accompanying this report.
ANNUAL BUDGET JUSTIFICATIONS AND OBLIGATION PLANS
The Committee expects to receive the same level of
information for the Department's classified budget as is
required under the Chief Financial Officer both in annual
budget justifications and quarterly obligation plans.
Additionally, while the Committee does not require an
Intelligence Expenditure Plan for fiscal year 2017, the I&A
quarterly obligation plans shall include cost data for
individual programs and projects.
STATE AND LOCAL FUSION CENTERS
The Committee directs I&A to continue semiannual briefings
on the State and Local Fusion Centers program.
The Committee is disappointed that the Department failed to
provide an assessment of the Kansas Intelligence Fusion Center
[KIFC] as a State-based Center of Excellence for multi-agency,
multi-discipline public-private partnership to enhance threat
information sharing and collaboration, as directed in Senate
Report 113-198. While each fusion center should be tailored to
meet the needs of its local constituents, cybersecurity and
critical infrastructure protection are increasingly
capabilities that fusion centers are seeking to develop in
response to threat and gap assessments. While the high-side
operations and access of the KIFC may not be a model for most
fusion centers, the Department, particularly I&A and NPPD, need
to assess the extent to which the KIFC's capabilities fill a
national need, including for training other fusion center
personnel, and should be supported. The Committee expects this
assessment to be submitted imminently.
SUPPORT OF BORDER SECURITY MISSION
The Committee directs I&A to assess the level of field
support its intelligence officers and reports officers provide
directly to the Department's border security mission and the
extent to which additional support, collocated on the Southwest
border, would enhance mission effectiveness.
Office of Inspector General
Appropriations, 2016.................................... $137,488,000
Budget estimate, 2017................................... 157,144,000
Committee recommendation................................ 155,144,000
This account finances the Office of Inspector General's
[OIG] activities, including audits, inspections,
investigations, and other reviews of programs and operations of
DHS to promote economy, efficiency, and effectiveness and to
prevent and detect fraud, waste, and abuse.
COMMITTEE RECOMMENDATIONS
The Committee recommends $155,144,000 for OIG, $2,000,000
below the amount requested and $17,656,000 above the amount
provided in fiscal year 2016. In addition, the Committee
includes bill language transferring $24,000,000 requested by
OIG for audits and investigations related to expenditures from
the Disaster Relief Fund [DRF].
Inspectors General across the government perform a critical
function on behalf of the Congress and the American people, as
well as the leadership of Federal departments and agencies when
that relationship is sound. After a troubling period of issues
and allegations several years ago, the DHS OIG has made great
strides under the current Inspector General in restoring its
credibility and capabilities. For that reason, the recommended
funding level again includes a significant increase above the
prior year to sustain staffing increases and provide the
resources to meet the mission. The Committee expects to see
continued progress and results from these investments.
The Committee expects the Inspector General to submit any
updates to the expenditure plan for fiscal year 2017 no later
than 30 days after the date of enactment of this act. As
specified in Senate Report 113-198, for fiscal year 2018 and
thereafter, OIG shall submit a detailed expenditure plan with
its annual budget justification documents. In addition, OIG
shall continue submitting obligation plans on a quarterly basis
as required of all DHS components consistent with direction
provided in the explanatory statement accompanying Public Law
114-113 and title I of this report.
FOCUS AREAS
OIG shall continue to provide the Committee with periodic
updates regarding focus areas and the status of its work. The
Committee continues to support OIG's engagement in the area of
employee and contractor integrity and expects OIG, CBP, and ICE
to continue to work cooperatively to combat corruption. In
addition, the Committee is interested to see the results from
OIG's investment in big data capabilities that should provide
opportunities for more meaningful audits and reviews.
AVIATION SECURITY
Last year, as a result of OIG's covert tests, audits, and
findings, the Secretary instituted a strategic shift in our
Nation's approach to aviation screening and brought new
leadership to TSA. The Committee expects OIG to continue its
covert testing of aviation security capabilities and to track
the progress being made to address its findings. Not later than
30 days after the date of enactment of this act, OIG shall
brief the Committees on its latest efforts and findings.
INFRASTRUCTURE PROTECTION FIELD PERSONNEL
The Office of Infrastructure Protection [IP] within NPPD
has over 250 personnel operating in the field across the
country. Of those personnel, the vast majority are Chemical
Security Inspectors [CSI] and Protective Security Advisors
[PSA]. They also work with other NPPD field personnel,
including those with the Federal Protective Service and
Cybersecurity Advisors. In recent months, IP conducted a pilot
to ascertain the feasibility of shifting support for these
personnel from headquarters to a regional concept.
Responsibilities currently considered for realignment include:
setting policy and guidance for the CSI and PSA programs;
providing analytic and mission support services; designing and
maintaining operational technology, tools, and data; developing
exercises and trainings for the critical infrastructure
community to be delivered in the field; and administrative
tasks such as fleet management, shipping and receiving of
equipment, and IT support. The Committee directs OIG to conduct
a review of all current regionalization documentation, the
authorities necessary for IP to conduct this realignment, and
the conclusions of the Region IV pilot to determine the
feasibility of moving forward with this concept.
CONFERENCES AND SPECIAL EVENTS
OIG shall report to the Committee not later than 180 days
after receipt from DHS on the Department's fiscal year 2017
spending for conferences, ceremonies, and similar events above
$100,000 as well as any events of note reported by the
Department over $20,000. Consistent with prior year reports,
OIG shall include the total costs to the Government associated
with these events, the number of conferences held, the amount
of funds obligated, and expenses by appropriation or other
source of funding, including budget accounts and subaccounts
used to pay for events.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SUMMARY
U.S. Customs and Border Protection [CBP] is responsible for
enforcing laws regarding admission of foreign-born persons into
the United States, and ensuring that all goods and persons
entering and exiting the United States do so legally.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $13,237,281,000
including direct appropriations of $11,182,441,000 and
estimated fee collections of $2,054,840,000. The Committee's
recommendation reflects realistic assumptions for hiring and
includes the resources necessary to fund all of the staff
likely to be on board in fiscal year 2017. The Committee
recommends substantial funding increases for tactical radios
and for Border Patrol vehicle replacements so that frontline
staff, once hired, will have the equipment needed to perform
CBP's mission effectively and safely.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
U.S. CUSTOMS AND BORDER PROTECTION--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and expenses................................. 8,628,902 9,398,748 8,857,183
Small airport user fee................................ 9,097 9,415 9,415
Automation modernization.............................. 829,460 840,726 813,206
Border Security Fencing, Infrastructure, and 447,461 329,237 349,237
Technology [BSFIT]...................................
Air and Marine operations............................. 802,298 798,277 857,000
Construction and facilities management................ 340,128 305,754 296,400
-----------------------------------------------------
Total, Appropriations............................... 11,057,346 11,682,157 11,182,441
=====================================================
Estimated fee collections:
Immigration inspection user fee....................... 652,699 677,894 677,894
Immigration enforcement fines......................... 633 860 860
ESTA.................................................. 57,332 58,301 58,301
Land border inspection fee............................ 34,724 46,517 46,517
COBRA passenger inspection fee........................ 506,877 523,737 523,737
APHIS inspection fee.................................. 515,810 534,515 534,515
Global entry user fee................................. 91,789 96,297 96,297
Puerto Rico Trust Fund................................ 99,058 99,551 99,551
Virgin Island fee..................................... 11,867 11,176 11,176
Customs Unclaimed Goods............................... 5,992 5,992 5,992
-----------------------------------------------------
Total, Estimated fee collections.................... 1,976,781 2,054,840 2,054,840
=====================================================
Total, U.S. Customs and Border Protection, available 13,034,127 13,736,997 13,237,281
funding............................................
----------------------------------------------------------------------------------------------------------------
SALARIES AND EXPENSES
Appropriations, 2016.................................... $8,628,902,000
Budget estimate, 2017................................... 9,398,748,000
Committee recommendation................................ 8,857,183,000
The CBP Salaries and Expenses appropriation provides funds
for border security, immigration, customs, agricultural
inspections, regulating and facilitating international trade,
collecting import duties, and enforcing U.S. trade laws. In
addition to directly appropriated resources, fee collections
are available for the operations of CBP from the following
sources:
Immigration Inspection User Fee.--CBP collects user fees to
fund the costs of international inspections activities at
airports and seaports, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Electronic System for Travel Authorization Fee.--CBP
collects fees to cover the cost of operating and implementing a
system to pre-screen visitors from countries participating in
the Visa Waiver Program prior to their arrival in the United
States to avoid security risks, as authorized by section
711(h)(3)(B) of the 9/11 Act, Public Law 110-53.
Immigration Enforcement Fine.--CBP collects fines from
owners of transportation lines and persons for unauthorized
landing of aliens, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Land Border Inspection Fee.--CBP collects fees for
processing applications for the Dedicated Commuter Lanes
program, the Automated Permit Ports program, the Canadian
Border Boat Landing permits, Mexican Non-Resident Alien Border
Crossing Cards, FAST, SENTRI and NEXUS application fees, as
authorized by the Immigration and Nationality Act (8 U.S.C.
1356).
Public-Private Partnership [PPP] Reimbursements.--CBP is
authorized to enter into mutually beneficial agreements with
stakeholders at select ports of entry [POEs] whereby CBP is
reimbursed for enhanced customs and agricultural processing,
border security, and immigration inspection-related services.
Consolidated Omnibus Budget Reconciliation Act [COBRA]
Passenger Inspection Fee.--CBP collects fees for inspection
services involving customs-related functions. The COBRA user
fee statutory authority (19 U.S.C. 58c) specifies the types of
covered expenses.
Animal and Plant Health Inspection Service Inspection
Fee.--CBP receives as a transfer a distribution of agriculture
inspection fees collected by the United States Department of
Agriculture. The user fees, as authorized by the Food,
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C.
136), are charged to offset costs for the services related to
the importation, entry, or exportation of animals and animal
products.
Global Entry User Fee.--CBP collects fees to cover the cost
of a registered traveler program to expedite screening and
processing of international passengers as authorized under the
Consolidated Appropriations Act of 2008, section 565(3)(B).
U.S. Virgin Islands Fee Fund.--The U.S. Virgin Islands
[USVI] are an unincorporated territory of the United States and
although a U.S. territory, the USVI is expressly excluded from
the definition of customs territory of the United States. The
importation of goods into the USVI is governed by Virgin
Islands law. CBP collects duties on behalf of the USVI and
deposits them into the USVI Fee Fund. The account is managed
annually as a reimbursable account with any remaining funds
remitted back to the USVI at the conclusion of the fiscal year.
Puerto Rico Trust Fund.--Customs duties, taxes, and fees
collected in Puerto Rico by CBP are deposited in the Puerto
Rico Trust Fund. After providing for the expenses of
administering CBP activities in Puerto Rico, the remaining
amounts are transferred to the Treasurer of Puerto Rico
pursuant to sections 740 and 795 of title 48, United States
Code.
Small Airport User Fee.--The User Fee Airports Program
authorized under 19 U.S.C. 58b and administered under 19 U.S.C.
58c(b)(9)(A)(i), authorizes inspection services to be provided
to participating small airports on a fully reimbursable basis.
The fees charged under this program are set forth in a
memorandum of agreement between the small airport facility and
the agency, and may be adjusted annually as costs and
requirements change.
Unclaimed Goods.--Any goods entered or un-entered
merchandise (except merchandise under section 557 of the Tariff
Act of 1930, as amended (19 U.S.C. 1557), but including
merchandise entered for transportation in bond or for
exportation) which remain in Customs custody for 6 months from
the date of importation or a lesser period for special
merchandise as provided by section 127.28(c), (d), and (h) of
title 19, United States Code, and without all estimated duties
and storage or other charges having been paid, shall be
considered unclaimed and abandoned. This account represents the
proceeds from the liquidation of that account.
Preclearance Reimbursements.--The Trade Facilitation and
Trade Enforcement Act of 2015, Public Law 114-125, included
authority for CBP to both collect and spend reimbursements,
including spending in anticipation of reimbursements, for
preclearance activities.
COMMITTEE RECOMMENDATIONS
The Committee recommends $8,857,183,000 for CBP Salaries
and Expenses for fiscal year 2017, including $3,274,000 from
the Harbor Maintenance Trust Fund and, of which $2,652,000,000
is derived from the merchandise processing fee. This is
$541,565,000 below the request and $228,281,000 above the
amount provided in fiscal year 2016. The Committee notes that
$305,536,000 requested in CBP is not included in the
recommended level due to the Committee's rejection of the
proposed transfer of the Office of Biometric Identity
Management [OBIM] to CBP. This proposal has not yet been
authorized by the Congress.
The Committee includes bill language making available up to
$150,000 for payment for rental space for preclearance
operations and $1,000,000 for payments to informants. The
Committee also includes bill language placing a $35,000 annual
limit on overtime paid to any employee and capping official
reception and representation expenses at $34,425. A general
provision is continued to allow CBP to access collections
associated with the U.S. Colombia Trade Promotion Agreement
Implementation Act, Public Law 112-42. The spending from these
collections is not capped, whereas the request included a cap
of $220,000,000.
The request includes unrealistic assumptions on hiring for
most classifications of CBP staff, so the Committee's
recommended level includes adjustments in order to support the
staffing level likely to be attained during fiscal year 2017.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
U.S. CUSTOMS AND BORDER PROTECTION--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses:
Headquarters, management, and administration:
Commissioner...................................... 30,139 31,718 30,589
Chief Counsel..................................... 48,239 53,543 50,201
Congressional Affairs............................. 2,444 2,950 2,915
Internal Affairs.................................. 165,223 185,784 174,175
Public Affairs.................................... 14,644 19,862 18,519
Training and Development.......................... 73,939 105,998 86,866
Technology, Innovation, Acquisition............... 24,933 29,156 26,353
Intelligence...................................... 72,038 78,682 76,244
Administration.................................... 381,369 426,151 396,287
Rent.............................................. 629,046 635,361 630,909
-----------------------------------------------------
Subtotal, Headquarters, management, and 1,442,014 1,569,205 1,493,058
administration.................................
=====================================================
Border security inspections and trade facilitation:
Inspections, trade, and travel facilitation at 2,981,606 3,108,100 3,053,046
ports of entry...................................
Reimbursable preclearance authority............... ................ 8,000 ................
Harbor maintenance fee collection (Trust Fund).... 3,274 3,274 3,274
International cargo screening..................... 59,709 56,491 55,721
Other international programs...................... 25,087 27,387 25,846
Customs-Trade Partnership Against Terrorism [C- 36,593 38,606 37,239
TPAT]............................................
Trusted Traveler Programs......................... 5,811 5,811 5,811
Inspection and detection technology investments... 209,273 173,785 173,737
National Targeting Center......................... 75,890 115,282 114,554
Training.......................................... 38,258 49,929 49,823
Office of Biometric Identity Management........... ................ 305,536 ................
-----------------------------------------------------
Subtotal, Border security inspections and trade 3,435,501 3,892,201 3,519,051
facilitation...................................
=====================================================
Border security and control between ports of entry: ................ ................ ................
Border security and control....................... 3,696,450 3,864,866 3,790,936
Unaccompanied Alien Children Contingency Fund..... ................ 13,000 ................
Training.......................................... 54,937 59,476 54,138
-----------------------------------------------------
Subtotal, Border security and control between 3,751,387 3,937,342 3,845,074
ports of entry.................................
=====================================================
Total, Salaries and expenses........................ 8,628,902 9,398,748 8,857,183
----------------------------------------------------------------------------------------------------------------
CBP HEADQUARTERS REALIGNMENT
The Committee is generally supportive of CBP's proposal to
reduce the number of staff reporting directly to the
Commissioner, while also improving the delivery of resources to
the field. However, while the budget request includes a total
funding level for the newly proposed Enterprise Services
office, it does not articulate the annual cost of operating the
newly proposed Operations Support office. The Committee directs
CBP to detail the costs of these offices, including
administrative support.
CBP HIRING AND RETENTION
The Committee commends CBP for collecting and analyzing
data on all aspects of the hiring process to identify
opportunities for improvement, including how best to target
qualified, successful applicants. The Committee understands
CBP's implementation of hiring hubs has reduced by nearly 50
percent the timeline for hiring CBP officers, and the Committee
expects CBP to deploy hiring hubs along the border to speed
hiring of qualified Border Patrol agents. The Committee is
disappointed, however, that CBP remains unable to meet the
funded staffing levels for Border Patrol agents and CBP
officers. Compounding the hiring delays, CBP continues to face
challenges staffing both Office of Field Operations [OFO] and
Border Patrol locations along the northern and southwest land
borders. The Committee directs CBP, working with the Office of
Personnel Management as necessary, to identify and utilize
incentives to improve retention in those locations and
incentivize personnel to choose those locations. CBP is also
directed to continue briefing the Committee quarterly on the
actions CBP is taking to improve hiring, retention, and
attrition for all frontline staff, and provide monthly
notifications on frontline staffing levels. If additional
authorities are needed to improve staffing at border locations,
the Committee expects CBP to immediately brief the Committee,
as well as relevant committees of jurisdiction, on the proposed
legislative changes and potential costs of the proposed
changes.
BORDER PATROL STAFFING MODEL
The Committee has directed the Border Patrol to establish
the requirements for personnel, technology, and infrastructure
necessary to secure the border. As part of that effort, Border
Patrol needs a staffing model that considers situational
awareness, officer safety, and other operational needs. While
CBP completed a staffing analysis for Border Patrol agents, it
is not yet a robust staffing model that can provide insight
into the appropriate level of Border Patrol agent staffing and
inform the deployment and use of personnel and other resources.
Despite the lack of analysis, the fiscal year 2017 request
proposes a permanent reduction to Border Patrol staffing. The
Committee directs the Border Patrol to brief the Committee not
later than 30 days after the date of enactment of this act on
its data-based analysis of the staffing needs for the Border
Patrol.
CAPABILITIES GAP PROCESSES
CBP has begun collecting and evaluating requirements from
the field through processes to identify capabilities gaps [C-
GAP] for the Border Patrol and Air and Marine Operations [AMO].
The agency has cited its ongoing C-GAP processes as an
important tool necessary to assess and identify its border
security mission needs. While developing a data-driven
requirements process is a positive step, CBP must develop tools
and processes that capture enterprise level requirements to
facilitate and prioritize CBP's operations and maintenance
activities, as well as future investments. The Committee
directs CBP to coordinate the results of the ongoing operating
components' requirements analyses, and brief the Committee
within 90 days of the date of enactment of this act on the
results and how these results will inform future budget
requests.
CONSEQUENCE DELIVERY SYSTEM
The Committee understands that CBP continually evaluates
the Consequence Delivery System [CDS], in coordination with ICE
and DOJ, in order to increase immigration enforcement
effectiveness, including reducing recidivism. OIG-15-95, a
report on Operation Streamline, included recommendations for
CBP to better measure both the costs and effectiveness of the
CDS. Within 120 days of the date of enactment of this act, the
Committee directs CBP to brief on actions taken to track the
costs and measure the effectiveness of Operation Streamline and
other components of the CDS.
CARIZZO CANE
The Committee remains concerned about Carrizo cane and
other invasive species which impede the border security mission
along the United States-Mexico border. Within 60 days of the
date of enactment of this act, CBP is directed to brief the
Committee on its comprehensive plan for eradicating Carrizo
cane, including updates on the status of approval for
additional biological control agents to combat Carrizo cane and
other related plant species; collaboration with the Texas State
Soil and Water Conservation Board and other Federal, State, and
local stakeholders, as well as the Government of Mexico; and
the resource requirements for executing the comprehensive plan.
INTELLIGENCE
The Committee is supportive of the Office of Intelligence's
efforts to develop, provide, coordinate, and implement CBP's
intelligence capabilities into a cohesive enterprise and
directs the Office of Intelligence to manage confidential human
source payments for all of CBP. The Committee further directs
CBP to assess CBP's current tactical intelligence and law
enforcement information collection assets, to determine whether
centralizing collection and coordination capabilities would be
beneficial and report to the Committee on the results within
180 days of the date of enactment of this act.
INTERNAL AFFAIRS
The Committee remains committed to addressing the potential
for corruption of CBP personnel, and notes CBP's efforts to
head-off problems before they occur, but is nonetheless
concerned by some of the revelations included in OIG-16-75 and
the recent report by the Homeland Security Advisory Council's
CBP Integrity Advisory Panel [Advisory Panel]. OIG-16-75
included recommendations addressing how CBP failed to assess
staffing requirements based on data-driven justifications, did
not validate major duties for criminal investigators, and did
not establish performance metrics, all while paying unjustified
Law Enforcement Availability Pay to investigators. In addition
to the recommendations made by OIG, the Advisory Panel released
its final report on CBP's Internal Affairs activities on March
15, 2016, including 39 recommendations for CBP, many of which
require institutional change. While the Advisory Panel also
recommended substantial staffing increases, the Committee
believes CBP should make the recommended institutional changes
prior to bringing on a large number of new investigators. As
such, the Committee directs CBP to brief the Committee
quarterly on the steps being taken to address the 39
recommendations, and includes $3,436,000 of the $6,872,000
requested for new investigators. Like other components of CBP,
Internal Affairs faces challenges hiring qualified new staff,
so the recommendation also reduces estimated salary expenses to
a more realistic level.
PORTS OF ENTRY
OFO operates 328 POEs 24 hours a day and 7 days a week,
inspecting over 1.3 million people daily by air, land, and sea.
In addition to CBP's primary security mission, CBP is the
second largest government revenue generator for the United
States after the Internal Revenue Service. Traveler volume
increased 2.2 percent in 2015 after increasing 3.4 percent in
fiscal year 2014. Traveler volume is expected to increase 3.4
percent to 4.1 percent through 2018 resulting in a projected
11.5 percent increase from fiscal year 2016 to fiscal year
2018.
Achieving the Optimal Mix of People, Infrastructure, and
Technology.--The overall proportion of CBP's salaries and
benefits [S&B] has been growing steadily, thus shifting
resources to other priorities. In fiscal year 2009, S&B
accounted for 56 percent of the total Salaries and Expenses
account, but in fiscal year 2017 it will be approximately 72
percent. Cost drivers for the growing payroll, in addition to
staffing increases, include healthcare, retirement benefits and
changing grade profiles, including additional law enforcement
compensation types and benefit rates.
CBP's workload staffing model indicates a shortfall of
2,107 CBP officers by the end of fiscal year 2017, and this
assumption presumes all funded CBP officers are on board at
that time. While the model needs further refinement, it is the
best tool yet designed to assist in officer placement decisions
based on traveler volume, wait times, expanded facilities, and
increased cargo throughput. The model also takes into
consideration the reduction in staffing requirements due to
innovation and technology improvements. While CBP's workload
model is mature, the Committee encourages CBP to conduct a
review and analysis of current staffing processes at a single
air POE with CBP using private sector staffing management
practices and technology to determine whether optimal staffing
levels are in place. The Committee supports the request to hire
new CBP technicians to take on certain tasks so that CBP
officers can focus their time and efforts on law enforcement
activities.
The Committee remains concerned, however, about CBP officer
staffing levels on the northern border. As trade and tourism
increase along the United States-Canadian border, additional
resources should be provided, as appropriate. The Committee
directs CBP to submit an updated resource allocation model with
the fiscal year 2018 budget detailing specific staffing,
funding for, and implementation of planned border enforcement
initiatives by POE.
The increased adoption of technology will continue to
change the way CBP processes people and cargo entering the
United States, allowing officers to better target risks with
informed targeting, rather than paperwork. The Committee
encourages CBP to continue adding enrollment centers for DHS
Trusted Traveler Programs including Global Entry and NEXUS
where demand warrants. To the extent Global Entry can be
expanded to passengers from other countries, CBP is encouraged
to do so. As enrollment in these programs continues expanding,
passengers can be more quickly processed upon arrival in the
United States.
The Committee recommends the $74,100,000 requested for Land
Border Integration, but remains concerned that technology used
to analyze vehicular traffic crossing our northern and southern
borders has become outdated and should be improved. As directed
in Senate Report 114-68, CBP is expected to continue improving
situational awareness by procuring and implementing the latest,
most effective technologies available to monitor and intercept
vehicles crossing our borders. Many of CBP's procedures for
processing tractor trailers carrying cargo across U.S. land
borders are outdated and paper-based. Recognizing the
importance of improving the effectiveness and efficiency of
cargo processing at U.S. land borders, the Committee urges CBP
to appropriately plan for the prioritization of efforts to
automate and update the Nation's ability to monitor cargo
crossing into the U.S. at land POEs.
Land Border Fees.--The Committee continues a general
provision prohibiting CBP from conducting any studies for
establishing and collecting any new land border fee. This
provision does not affect any existing trusted traveler program
such as FAST, NEXUS, SENTRI, or other similar efforts.
Human Trafficking.--The Committee encourages CBP to
continue to post the National Human Trafficking Resource Center
hotline, email address, and Web site information in all U.S.
POEs.
Foreign Municipal Solid Waste.--The Committee directs CBP
to continue to address the threat posed by trucks carrying
foreign municipal solid waste from Canada into the United
States in a risk-based, targeted manner.
REIMBURSABLE SERVICES PROGRAM
The Committee is disappointed that CBP has not selected any
small or mid-sized airports for participation in the
Reimbursable Services Program and directs CBP to ensure that
each request for a reimbursable agreement at a POE is given
equal consideration regardless of the size of the POE. If CBP
denies a request for a reimbursable agreement, the denial
should be accompanied by a detailed justification for the
denial.
DONATIONS ACCEPTANCE PROGRAM
The Committee recognizes that changing circumstances may
limit the period of opportunity for potential donations, and is
aware that current and prospective partners have developed a
significant inventory of donation proposals to enhance and
improve the port environment. Consistent review of these
proposals will not only encourage greater engagement between
CBP and non-Federal partners, but has important implications
for international trade relationships. Therefore, the Committee
further directs CBP to work with the General Services
Administration to review the lengthy process used to evaluate
donations with a value greater than $3,000,000 and accept
applications for these donations at least twice per year. When
evaluating applications, it is critical for CBP to provide
timely responses to applicants. As such CBP is directed to, not
later than 60 days after receiving a proposal, notify
applicants with respect to whether the proposal is complete or
incomplete. If deemed incomplete, CBP shall detail what is
missing from the application materials and provide an
opportunity to resubmit the proposal with the additional
information or material. Not later than 180 days after
receiving a complete proposal, CBP shall make a determination
whether to deny or approve the proposal and notify the private
sector or government entity that submitted the proposal of the
determination. If CBP denies a request for a donation, the
denial should be accompanied by a detailed justification for
the denial.
PRECLEARANCE
The Committee provides authority as necessary to collect
and spend fees for capital and operations costs from program
participants in anticipation of reimbursement and directs CBP
to continually evaluate the national and homeland security
benefits of both existing and prospective preclearance
agreements. To assist ongoing efforts to reestablish
international passenger rail service along the northeast rail
corridor, the Committee encourages continued analysis of the
benefits of initiating preclearance operations at Montreal's
Central Station.
ELECTRONIC VISA UPDATE SYSTEM
The Committee recommends $27,800,000, as requested, for the
Electronic Visa Update System [EVUS], a program that allows
non-immigrant visa holders to provide updated biographic and
travel-related information through a public Web site, and
enables CBP to facilitate admissibility determinations post-
visa issuance before passengers initiate travel to the United
States. While the Committee is disappointed that the
corresponding EVUS fee proposal has not yet been transmitted to
the Congress, the Committee understands the criticality of this
system and the need to meet projected timelines. The Committee
directs CBP to expeditiously transmit the proposal so that
users of the system, rather than U.S. taxpayers, fund operation
and sustainment costs.
INSPECTION AND DETECTION TECHNOLOGY
The Committee recommends $173,737,000 for Inspection and
Detection Technology, including $54,775,000, as requested, for
additional Non-Intrusive Inspection [NII] equipment refresh and
recapitalization. The Committee is familiar with the mission
need, but disappointed CBP did not provide the multiyear
investment and management plan along with the fiscal year 2017
request as required in the explanatory statement accompanying
Public Law 114-113. By not providing industry partners with any
visibility into longer-term recapitalization plans, CBP is
likely paying a premium for NII equipment, as vendors must
either speculatively produce equipment at their own risk or,
after contract award, surge production lines in order to meet
required delivery timelines. The Committee again directs CBP to
provide such a plan with the fiscal year 2018 budget request,
and to post an unclassified version of the plan on CBP's Web
site.
LAND BORDER WAIT TIMES
The Committee recognizes CBP's continued progress in
implementing GAO recommendations in GAO-13-603 regarding flaws
in commercial vehicle wait time collection practices at land
POEs. The Committee understands CBP is currently evaluating a
partnership with the State of Texas to leverage an existing
automated collection system at high volume commercial vehicle
crossings with its existing Border Wait Times platform. The
Committee directs CBP to examine whether this partnership will
help realize savings and efficiencies versus manual collection
practices, identify potential agency resources which could help
cover operations and maintenance of the existing system. The
Committee further directs CBP to consider other State, local,
or private sector partnerships that can improve the accuracy,
usefulness, and transparency of publicly reported commercial
wait time data and collection methods in the border
environment. Not less than 60 days after the date of enactment
of this act, CBP shall brief the Committee on actions taken to
improve the accuracy of wait time data.
LAND BORDER OPERATIONS
The Committee is concerned that reducing hours of operation
at land POEs could unduly impede cross-border travel and
negatively impact local and regional economic activity. The
Committee directs CBP to consult with community members and
elected officials at all levels of government, as well as
industry, prior to making changes, and refrain from reducing
the hours of operation at any land POE unless CBP can
demonstrate the reduction in hours will not impede local or
regional commerce or residential traffic. In addition, the
Committee directs CBP to immediately notify to the Committee if
foreign governments attempt to dictate the location of a new
land POE.
HEROIN
CBP is the lead agency for preventing drug trafficking
through airports, seaports, and land POEs and plays a
significant role in the national drug control strategy. The
dramatic influx of heroin and opioids across the borders of the
United States has fueled a public health crisis that has
claimed the lives of hundreds of thousands of Americans. The
work of CBP and its partners in the Department as well as other
Federal, State, and local law enforcement agencies across the
country has never been more challenging or important. The
Committee commends CBP for their ongoing work in protecting our
borders and helping mitigate the flow of illegal narcotics,
particularly heroin and opioids.
TRADE ENFORCEMENT
The Committee applauds CBP's ongoing efforts in moving
toward the centralization of the administration of the single
transaction bonds [STBs] program and development of an
automated system for STBs, such as the eBond, in order to
improve the collection of revenue owed to the Federal
Government. Once fully-deployed, eBond will provide a single,
centralized repository for all customs bonds within CBP. This
automation will improve oversight and administration of the STB
program and allow CBP to more effectively verify the adequacy
of STBs. Full deployment of eBond is directly connected to the
completion of the ACE system and is expected to be deployed by
the end of 2016. The Committee encourages CBP to continue these
efforts to eliminate the need for paper STBs at all CBP POEs.
The Committee is pleased that the Trade Facilitation and
Trade Enforcement Act of 2015 eliminated a long-standing
restriction unintentionally prohibiting the Department of
Commerce [Commerce] from sharing proprietary information with
CBP vital to determining violations or claims with respect to
any provision of the Tariff Act of 1930. The Committee expects
the efficiency and effectiveness of enforcement to increase as
Federal trade compliance and enforcement agencies share
appropriate and necessary information to inform trade
enforcement activities.
CBP analysis provides strong evidence to conclude trade
fraud and evasion is widespread in many commodity sectors--
particularly for goods from China, which account for 65 percent
of the antidumping and countervailing duty cash deposits
collected. The Committee remains focused on the need for all
Federal Government agencies involved in international trade to
aggressively enforce existing trade laws. There are specific
actions CBP and ICE, together with Commerce, the Departments of
Justice [DOJ] and State, and the United States Trade
Representative, can take without the need for additional
legislation.
The Committee understands that the Centers of Excellence
and Expertise support uniformity of processing and enforcement
for covered industries and importers. CBP shall continue to
brief the Committee annually on efforts to improve enforcement
and collection processes.
ANTIDUMPING AND COUNTERVAILING DUTY ENFORCEMENT
The Committee has ensured that, within the amounts
recommended in this account, there will be sufficient funds to
administer the ongoing requirements of section 754 of the
Tariff Act of 1930 (19 U.S.C. 1675c), referenced in subtitle F
of title VII of the Deficit Reduction Act of 2005 (Public Law
109-171; 120 Stat. 154).
Although the current retrospective system for addressing
anti-dumping and countervailing duties [AD/CVD] violations may
create certain challenges for CBP's ability to collect final
duties, CBP is actively pursuing collection of unpaid AD/CVD
claims against delinquent importers and sureties. To the extent
these duties are unable to be collected, CBP shall publicly
describe and post on its Web site the dynamics precluding
timely collection.
The Committee is aware that dishonest importers often avoid
the antidumping duties that have long been imposed on honey
imports from China by falsely claiming that imported Chinese
honey is produced in another country. The Committee is also
aware that honey said to originate from China and other Asian
countries is often illegally adulterated by mixing honey with
other cheaper sweeteners, like rice syrup. Both of these
practices are already illegal, and CBP has taken efforts--often
working with ICE--to attack this fraudulent trade. Currently,
CBP lacks the state-of-the-art equipment needed to detect both
transshipment and adulteration of imported honey. Recently, in
trade enforcement litigation involving honey imports from
China, a Florida judge rejected CBP's evidence in favor of
results from a German testing laboratory. At present, German
labs are the forensic authority on this issue and can make
necessary determinations. The Committee directs CBP to evaluate
the benefits and costs of developing its own capacity to test
honey compared to contracting with labs to combat unfair and
adulterated honey imports and brief the Committee on the
results within 90 days of the date of enactment of this act.
The Committee recognizes the injury domestic producers,
including paper producers, suffer as a result of foreign
producers trans-shipping and mislabeling products to avoid the
payment of antidumping and countervailing duties. As such, the
Committee recommends that CBP allocate funds as necessary for
``live entry summaries'' for imports of targeted products,
including paper products, currently subject to antidumping or
countervailing duty orders in instances where CBP has reason to
believe or suspect that (1) the country listed as the country
of origin for the imported product does not produce the
product; or (2) the imported product has been misclassified or
misidentified/mislabeled. The entry summaries shall include
supporting documentation regarding the country of origin of the
imported product.
The Committee directs CBP to continue submitting the
reports on AD/CVD required in Senate Report 112-169 and the
explanatory statement accompanying Public Law 113-6, including
the same level of detail prescribed in such report and during
the timelines prescribed for each report: AD/CVD Actions and
Compliance Initiatives, AD/CVD Liquidation Instructions, AD/CVD
Collection of Outstanding Claims (consistent with Public Law
103-182), and AD/CVD Collection New Shipper Single Entry Bonds.
A version of each report shall be posted on CBP's Web site.
PAYMENTS SUBJECT TO THE CONTINUED DUMPING AND SUBSIDY OFFSET ACT
The Trade Facilitation and Trade Enforcement Act of 2015
prescribes the order in which Continued Dumping and Subsidy
Offset Act [CDSOA] payments are allocated between principal and
interest. The Committee directs CBP to complete revisions to
its distribution processes and practices to comport with this
law as soon as possible to ensure domestic producers receive
payments they are due under the law.
CBP has yet to provide the Committee the requested bond-by-
bond accounting for the STBs that secure duties on entries of
honey, crawfish, fresh garlic, and canned mushrooms from China
that arrived through fiscal year 2007. CBP had indicated to the
Committee that producing such an inventory would be onerous,
requiring CBP staff to inventory all STBs at POEs while
diverting staff's time away from collecting outstanding duties.
The Committee is narrowing its request and directs CBP within
30 days of the date of enactment of this act to report on the
total number and total face value of STBs that secure the
payment of AD duties for the following: (1) the 2,274 open
bills for which STB coverage likely exists, but for which
payment has not been received; (2) the 943 open bills issued
between March-October 2014 that are still subject to CBP's
standard collection process; (3) the 1,150 open bills CBP has
referred to DOJ for potential collection lawsuits; and (4) the
181 open bills still under CBP review that may be referred to
DOJ.
SHRIMP
In Senate Report 114-68, the Committee directed CBP to
assess the availability of data necessary to provide a full and
complete picture of the current shrimp import regime. The
Committee notes that CBP continues to assemble this information
and that ongoing revisions to CBP Form 5106 will include
additional data elements about importers to improve CBP's
ability to track all importers, including those importing
shrimp. The Committee is concerned the Food and Drug
Administration [FDA] continues to detect an alarming amount of
imported shrimp raised with hormones, antibiotics, and other
drugs not approved for use in the United States. Therefore, the
Committee directs CBP, in coordination with FDA, to establish a
2-year pilot program to better track shrimp imports by POE, in
order to increase enforcement and improve food safety.
The pilot program should use available data to increase
targeted enforcement activities with FDA to ensure the safety
of imported shrimp and consistent enforcement across U.S. POEs.
The pilot program shall focus on enhancing enforcement based on
a risk-based analysis of: (1) the frequency and results of CBP
and FDA inspections and audits of imported shrimp, including
details on the countries, ports, and import volumes involved;
(2) current and potential enhancements to information sharing
between CBP and FDA and targeting efforts regarding imported
shrimp; and (3) current and potential enhancements to measures
implemented by CBP and FDA to ensure that shrimp imports
rejected from entering at one U.S. port cannot be entered at
another U.S. port, including data tracking to reduce the
likelihood of successful port-shopping. Not later than 180 days
after the date of enactment of this act, the Committee directs
CBP to brief on the preliminary results of the pilot, including
details on opportunities for enhanced FDA and CBP coordination
on improving the safety of shrimp imports into the United
States. The report should detail potential enhancements to
targeting, as importers or countries targeted by FDA for a
higher inspection rate due to food safety concerns should
likely be targeted for a higher rate of inspection by CBP. The
report may provide an opportunity for CBP to suggest new
approaches to improve inspection for antidumping compliance,
such as ideas to avert transshipment of products designed to
avoid FDA inspection.
JONES ACT
A general provision is continued prohibiting funds from
being used to issue future waivers related to a release from
the Strategic Petroleum Reserve until the Secretary has
consulted with the Departments of Energy and Transportation and
representatives of the U.S. flag maritime industry and taken
adequate steps to ensure the use of U.S. flag vessels. The
Secretary shall notify the Congress within 2 business days of
any request for a waiver, not solely waivers requested to
transport oil released from the Strategic Petroleum Reserve.
The Committee shall be informed on a timely basis of the
disposition of each waiver request.
The Committee notes improvements in the attention to Jones
Act enforcement on the Outer Continental Shelf by CBP; however,
CBP needs to take aggressive enforcement action and issue
meaningful penalties to deter further violations. CBP
enforcement actions must carry penalties that are economically
significant, swift, and transparent. The Committee again
directs CBP to continue to track Jones Act violations and make
information available to the public and the Committees on a
quarterly basis about specific Jones Act violations, findings
of fact, parties determined to be at fault, amount of penalty
assessments, and status of collections. Additionally, as
previously directed by the Congress, CBP must establish
specific timeframes for internal review and action, continue
working with the U.S. flag industry to investigate potential
violations, and dedicate adequate resources to vigorously
enforce the Jones Act on the Outer Continental Shelf.
BIOMETRIC EXIT
The Committee appreciated the update on the ongoing
biometric exit pilots but is disappointed that the long awaited
biometric exit report included little information on the path
forward for this important border security process. Not later
than 90 days after the date of enactment of this act, CBP shall
provide additional information on the biometric solutions most
likely to be adopted, including details on the potential
concepts of operations, coordination with airports and
airlines, and estimated technology and personnel costs.
PUERTO RICO TRUST FUND
The Committee is disappointed that CBP did not keep ICE
apprised of the diminishing collections from the Puerto Rico
Trust Fund, and that fiscal year 2016 distributions would
likely fall short of the level necessary to maintain current
operations costs on the island. The Committee directs CBP to
notify ICE if collections will fall short of the level
specified in the budget plans ICE submits to CBP consistent
with the Memorandum of Agreement signed by both components.
IMMIGRATION DATA
The Committee directs CBP to work with the DHS Office of
Immigration Statistics and the DHS OCIO to provide all
necessary technical and policy assistance necessary to improve
the collection, sharing, and reporting of immigration data
throughout the immigration lifecycle.
PRISON RAPE ELIMINATION ACT IMPLEMENTATION
The DHS Prison Rape Elimination Act [PREA] regulations set
standards for CBP to prevent, detect, and respond to sexual
abuse and assault. The regulations also require CBP to complete
audits of holding facilities that ``house detainees overnight''
by July of 2018. Since DHS issued its PREA regulations, CBP has
taken measures, including issuing its zero-tolerance policy and
designating a full-time Prevention of Sexual Assault
Coordinator, to ensure its offices, stakeholders, and managers
are aware of CBP's roles and responsibilities. CBP shall
address all outstanding OIG recommendations highlighted in OIG-
16-51 in order to meet PREA's goal to prevent, detect, and
respond to sexual abuse and assault.
SPECIALTY UNITS
The Committee urges CBP to analyze its need for specialty
units, including horses and off-road vehicles, and to deploy
these units as necessary to improve access along the United
States-Mexico border.
AUTOMATION MODERNIZATION
Appropriations, 2016.................................... $829,460,000
Budget estimate, 2017................................... 840,726,000
Committee recommendation................................ 813,206,000
The automation modernization account includes funds for
major information technology systems and services for CBP,
including the Automated Commercial Environment [ACE] and the
International Trade and Data System projects, and connectivity
between and integration of existing systems.
COMMITTEE RECOMMENDATIONS
The Committee recommends $813,206,000, of which
$433,345,000 is to be available until September 30, 2019. This
is $27,520,000 below the amount requested and $16,254,000 below
the amount provided in fiscal year 2016.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
AUTOMATION MODERNIZATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Information technology.................................... 363,728 407,206 379,861
Automated Targeting Systems............................... 122,669 122,646 122,617
Automated Commercial Environment/International Trade Data 151,184 122,591 122,467
System [ITDS]............................................
Current operations protection and processing support 191,879 188,283 188,261
[COPPS]..................................................
-----------------------------------------------------
Total, Automation modernization..................... 829,460 840,726 813,206
----------------------------------------------------------------------------------------------------------------
TARGETING
The Committee staunchly supports CBP's targeting
capabilities and, in recommending the requested system
enhancements, expects CBP to continue to refine the Automated
Targeting System [ATS]. ATS has proven an invaluable tool in
identifying and countering terrorist travel and other illicit
activity in the global travel and trade systems. The Committee
understands that a team at the National Targeting Center
continually develops tools to target illicit trade and travel
and that products developed by this team result in positive law
enforcement outcomes. The Committee recommends $122,617,000 for
automated targeting systems and encourages CBP to effectively
maintain, enhance, and build upon the current suite of
targeting tools to meet mission needs.
REVENUE MODERNIZATION
The Committee provides the requested $8,707,000 funding
increase for revenue modernization business process
improvement, system automation, and associated program
management and acquisition activities. CBP shall invest in
technologies to eliminate the need for CBP officers to accept
cash for any transactions at POEs by 2020. The Committee
directs CBP to brief the Committee on the major milestones and
resources necessary to achieve this important outcome within
120 days of the date of enactment of this act.
AUTOMATED COMMERCIAL ENVIRONMENT
The Committee understands that the completion of the
transition to ACE requires significant investments for both
Federal and industry partners. The Committee fully expects that
partner government agencies will prioritize providing the
appropriate resources to support this transition. As part of
the ACE semiannual briefing, the Committee directs CBP to
include an outreach plan to ensure appropriate steps are taken.
INFORMATION TECHNOLOGY
The Committee recommends $379,861,000 for IT. The Committee
is disappointed CBP did not to comply with the direction
included in Senate Report 114-68, and failed to provide
additional details on both the allocation of base funding, as
well as necessary adjustments to the base for IT, in the
request. The Committee again directs CBP to provide the
Committee with better visibility into CBP's proposed spending
of appropriations and other funds executed by the Office of
Information Technology in future requests.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
Appropriations, 2016.................................... $447,461,000
Budget estimate, 2017................................... 329,237,000
Committee recommendation................................ 349,237,000
The Border Security Fencing, Infrastructure, and Technology
[BSFIT] account funds the capital procurement and total
operations and maintenance costs associated with fencing,
infrastructure, sensors, surveillance, and other border
security technology.
COMMITTEE RECOMMENDATIONS
The Committee recommends $349,237,000 for BSFIT,
$20,000,000 more than requested and $98,224,000 below the
amount provided in fiscal year 2016. The Committee recommends
the increased funding requested for the Integrated Fixed Towers
[IFT] program, reuse of Department of Defense [DOD] equipment,
cross-border tunnel threat remediation, tactical aerostats, and
relocatable towers. The Committee expects that these
investments will be used to address gaps in situational
awareness and be networked in a manner that will contribute to
the operational picture. To maintain momentum with the IFT
program, the Committee encourages CBP to continue planned
deployments using prior year unobligated balances. Beyond the
funding associated with the IFT program, the Committee is aware
of substantial unobligated prior year balances for the BSFIT
account and directs CBP to expeditiously complete the many
projects funded in prior years.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Development and deployment................................ 273,991 82,620 82,620
Operations and maintenance................................ 173,530 246,617 266,617
-----------------------------------------------------
Total, Border security fencing, infrastructure, and 447,461 329,237 349,237
technology.........................................
----------------------------------------------------------------------------------------------------------------
DEPARTMENT OF DEFENSE REUSE
The Committee directs CBP to continue to expeditiously
review and deploy available DOD equipment along the northern
and southwest borders. This equipment has proven effective in
dramatically increasing situational awareness and acting as a
force multiplier in the field.
TETHERED AEROSTATS
The Committee recommends $40,144,000, as requested, for
operations and maintenance of the tethered aerostat radar
systems [TARS] in CBP's inventory. The TARS program is a multi-
mission capability that supports both counternarcotics
enforcement and air domain awareness. The program has assisted
CBP with interdicting suspect aircraft for over 20 years, and
as a result, operations and maintenance costs are increasing as
recapitalization costs are looming. The Committee directs CBP
to allocate any cost savings realized from other programs to
replace obsolete wind profilers, transmitters, and other
components whose increased failure rates have contributed to
system downtime.
TACTICAL AEROSTATS AND RELOCATABLE TOWERS
The Committee provides $25,683,000 for this important DOD
reuse technology, and directs CBP to evaluate the benefits of
tactical aerostats against other persistent threat detection
systems to ensure the correct mix of technology is deployed
along our borders. Within the total provided, the Committee
further directs CBP, after completing this evaluation, to
deploy the technology which most effectively meets operational
requirements and improves situational awareness.
BORDER ROADS AND TACTICAL INFRASTRUCTURE
The Committee urges CBP to work with counties along the
United States-Mexico border to identify unimproved county roads
which are predominantly used by the Border Patrol and that
provide critical access to the border region for the purpose of
maintaining border security. The Committee is aware of
substantial requirements for repairs to tactical infrastructure
and that additional funding is necessary to complete projects
essential to officer safety. An additional $20,000,000 is
recommended for critical repairs to federally-owned roads and
tactical infrastructure, and the Committee directs CBP to
provide the Committee with a spend plan for these funds and
anticipated future requirements within 60 days of the date of
enactment of this act.
AIR AND MARINE OPERATIONS
Appropriations, 2016.................................... $802,298,000
Budget estimate, 2017................................... 798,277,000
Committee recommendation................................ 857,000,000
The CBP AMO account funds the salaries and expenses,
capital procurement, and operations and maintenance costs of
the CBP air and marine program and provides support to other
Federal, State, and local agencies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $857,000,000 for AMO, of which
$541,668,000 is to remain available until September 30, 2019.
This is an increase of $58,723,000 above the request and
$54,702,000 above the amount provided in fiscal year 2016. The
procurement recommendation includes three Multi-role
Enforcement Aircraft, requested UH-60 Black Hawk
recapitalization, as well as funding for light duty enforcement
helicopters necessary to replace lost aircraft.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
AIR AND MARINE OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses..................................... 300,429 330,009 315,332
Operations and maintenance................................ 409,969 399,651 416,951
Procurement............................................... 91,900 68,617 124,717
-----------------------------------------------------
Total, Air and Marine Operations.................... 802,298 798,277 857,000
----------------------------------------------------------------------------------------------------------------
The Committee strongly supports CBP's continued efforts to
recapitalize its air and marine assets to ensure that
interdiction agents' hours spent both in the air and on the
water are used effectively and improve situational awareness.
EFFECTIVE USE OF ASSETS
The Committee has directed AMO to better measure the
effectiveness of flight hours, and is pleased that a
capabilities gap process is underway. It is critical that this
process fully involve the Border Patrol, Homeland Security
Investigations [HSI], and OFO. The Committee notes that AMO has
not recently provided the Committee with a robust, multiyear
capital plan detailing AMO's longer-term recapitalization and
operations and maintenance requirements. The Committee directs
AMO to brief the Committee within 60 days of the date of
enactment of this act on the state of the current fleet,
detailing whether aircraft are fully operational and being used
or receiving major maintenance, as well as an estimated
replacement schedule for each aircraft. The need for such a
briefing became apparent as the Committee only recently learned
that several aircraft had permanently been taken out of
service. The Committee anticipates that the estimated
replacement schedule will tie to the results of the C-GAP
process, and, as a result, could include a re-prioritized mix
of air, marine, and riverine assets.
UNMANNED AERIAL SYSTEMS
The Committee fully supports AMO's use of unmanned aerial
systems [UAS] to provide unparalleled capabilities for long
duration land border and maritime detection, tracking,
interdiction, and domain awareness. CBP has continually
expanded its sensor mix, matured its concept of operations and
pursued innovations that will promote long-range, independent
UAS operations, and enhance safety of flight. CBP, in close
coordination with the Federal Aviation Administration [FAA],
continues to explore technology required to operate
autonomously in the national airspace. Test and evaluation of a
new Due Regard Radar [DRR], which provides airborne ``sense-
and-avoid'' capability, is in progress using a CBP UAS. The
ability to detect and track both cooperative and non-
cooperative aircraft will also allow independent operations in
international airspace, including the maritime drug source and
transit zones. It will also serve as a test bed supporting the
development of FAA national policy on the safe use of high-end
UAS in the national airspace system.
The Committee commends CBP for increasing UAS flight hours
19 percent from 4,611 in fiscal year 2014 to 5,502 in fiscal
year 2015, despite loss of one operational system late in
fiscal year 2014. While flight hours have increased, the
Committee understands the presence of multiple configurations
of UAS within the fleet strains CBP's engineering resources,
increases operating costs and aircrew workload, and also
impacts operations, as older configurations of the UAS cannot
be equipped with the most effective sensors. In addition,
replacement software, antennae, and modems must be upgraded in
order to increase the effectiveness of UAS flight hours. The
Committee recommends $17,300,000 above the request to upgrade
the UAS fleet to address the challenges and increase
operational flight hours.
In addition, the Committee directs the Department to report
on the number of times that CBP UAS are used in response to a
specific request to support State, local, and tribal law
enforcement entities in the prior fiscal year.
LIGHT ENFORCEMENT HELICOPTER
CBP's light enforcement helicopters are critical to
supporting its border security mission and other law
enforcement activities that have a nexus to DHS authorities.
The helicopters fly 42,000-45,000 flight hours per year, nearly
half of AMO's annual flight hours. Yet, CBP's inventory of
these helicopters has diminished by five due to recent
accidents and could be reduced further with three airframes
approaching their third 12-year major inspection cycles. The
Committee recommends an additional $31,500,000 for the current
light enforcement helicopter requirement. Given the purpose of
fleet sustainment, DHS is developing a streamlined procurement
process for this effort and any similar future efforts.
CONSTRUCTION AND FACILITIES MANAGEMENT
Appropriations, 2016.................................... $340,128,000
Budget estimate, 2017................................... 305,754,000
Committee recommendation................................ 296,400,000
This appropriation provides funding to plan, construct,
renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws
relating to immigration, customs, and alien registration.
COMMITTEE RECOMMENDATIONS
The Committee recommends $296,400,000 for construction and
facilities management activities of CBP, to remain available
until September 30, 2021. This is $9,354,000 below the amount
requested and $43,728,000 below the amount provided in fiscal
year 2016. The Committee understands that CBP has been pursuing
government-wide initiatives to limit the growth of the Federal
real estate footprint and directs CBP to continue these efforts
both at headquarters and in the field.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
CONSTRUCTION AND FACILITIES MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Facility construction and sustainment..................... 255,378 224,289 217,289
Program oversight and management.......................... 84,750 81,465 79,111
-----------------------------------------------------
Total, Construction and facilities management....... 340,128 305,754 296,400
----------------------------------------------------------------------------------------------------------------
BROWN FIELD STATION
The Committee is disappointed that CBP requested partial
funding of $25,000,000 for the Brown Field Station in
California, an amount described in the budget submission as
being $8,000,000 short of the station's total construction
cost. The recommended level includes $33,000,000, the amount
necessary to begin construction, recognizing administration
policy would preclude this critical project going forward until
fully funded.
FACILITIES SPENDING
The Committee notes that, aside from the proposed spending
for the Brown Field Station, the budget request lacks details
on the plans for major projects, including significant
maintenance projects. The Committee recognizes that many CBP
facilities are in need of repair and directs CBP to provide an
inventory of all projects whose costs will exceed $100,000 with
the fiscal year 2018 request. The Committee is concerned that
CBP is not using all of its real property effectively, as
highlighted by underutilized warehouse space detailed in OIG-
15-138. The Committee directs CBP to regularly review its usage
of all real property, whether owned or leased, and terminate or
downsize leases and dispose of unneeded real property, as
appropriate.
5-YEAR CONSTRUCTION PLAN
The Committee reminds CBP that Public Law 112-74 made
permanent the requirement that a 5-year plan for all Federal
land POEs be submitted annually with the President's budget
request. The Committee directs the Department to continue to
work with the General Services Administration on its nationwide
strategy to prioritize and address infrastructure needs at land
POEs and to comply with the requirements of the Public
Buildings Act of 1959 (40 U.S.C. 3301) and seek necessary
funding.
U.S. Immigration and Customs Enforcement
SUMMARY
U.S. Immigration and Customs Enforcement [ICE] is
responsible for enforcing immigration and customs laws and
detaining and removing deportable or inadmissible aliens.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $6,311,984,000,
including direct appropriations of $5,963,984,000, and
estimated fee collections of $348,000,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and expenses................................. 5,779,041 5,861,976 5,934,184
Automation modernization.............................. 53,000 43,230 29,800
Construction.......................................... ................ 7,000 ................
-----------------------------------------------------
Total, Appropriations............................... 5,832,041 5,912,206 5,963,984
=====================================================
Estimated Fee Collections:
Immigration inspection user fee....................... 135,000 135,000 135,000
Breached bond/detention fund.......................... 42,000 42,000 42,000
Student exchange and visitor fee...................... 145,000 145,000 171,000
-----------------------------------------------------
Total, Estimated fee collections.................... 322,000 322,000 348,000
=====================================================
Total, U.S. Immigration and Customs Enforcement..... 6,154,041 6,234,206 6,311,984
----------------------------------------------------------------------------------------------------------------
SALARIES AND EXPENSES
Appropriations, 2016.................................... $5,779,041,000
Budget estimate, 2017................................... 5,861,976,000
Committee recommendation................................ 5,934,184,000
The ICE Salaries and Expenses account provides funds for
the enforcement of immigration and customs laws, intelligence,
and detention and removals. In addition to directly
appropriated resources, funding is derived from the following
offsetting collections:
Immigration Inspection User Fee.--ICE derives funds from
user fees to support the costs of detention and removals in
connection with international inspections activities at
airports and seaports, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Student Exchange Visitor Program Fee.--ICE collects fees
from foreign students, exchange visitors, and schools and
universities to certify and monitor participating schools, and
to conduct compliance audits.
Immigration Breached Bond/Detention Fund.--ICE derives
funds from the recovery of breached cash and surety bonds in
excess of $8,000,000, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356); and from a portion of fees
charged under section 245(i) of the Immigration and Nationality
Act to support the cost of the detention of aliens.
COMMITTEE RECOMMENDATIONS
The Committee recommends $5,934,184,000 for Salaries and
Expenses of ICE for fiscal year 2017. This is $72,208,000 above
the request and $155,143,000 above the amount provided in
fiscal year 2016. The Committee includes bill language placing
a $35,000 limit on overtime paid to any employee; making up to
$10,000,000 available for special operations; making up to
$2,000,000 available for the payment of informants; making up
to $11,216,000 available to reimburse other Federal agencies
for the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens; making not less than
$305,000 available for promotion of public awareness of the
child pornography tipline and activities to counter child
exploitation; making not less than $5,400,000 available to
facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act; making $15,770,000 available
for activities to enforce laws against forced child labor, of
which $6,000,000 shall remain available until expended; making
up to $11,475 available for official reception and
representation expenses; and making a total of $18,300,000
available until September 30, 2018, for the Visa Security
Program [VSP] and international operations postings.
The Committee recognizes ICE continues to have several
hundred staffing vacancies and is taking action to fill these
vacancies. The amount recommended by the Committee annualizes
the special agent, attorney, enforcement and removal officer,
and support positions projected to be filled by the end of
fiscal year 2017.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters, management, and administration:
Personnel compensation and benefits, services, and 190,880 203,015 191,019
other costs..........................................
Headquarters-managed IT investment.................... 148,957 161,474 161,783
-----------------------------------------------------
Subtotal, Headquarters, management, and 339,837 364,489 352,802
administration.....................................
=====================================================
Legal proceedings......................................... 239,894 268,393 257,787
=====================================================
Investigations:
Domestic investigations............................... 1,761,829 1,892,183 1,844,231
International operations.............................. 107,210 114,255 113,551
Visa Security Program................................. 32,561 32,496 45,484
-----------------------------------------------------
Subtotal, Investigations............................ 1,901,600 2,038,934 2,003,266
=====================================================
Intelligence.............................................. 79,768 81,996 80,141
=====================================================
Enforcement and removal operations:
Custody operations.................................... 2,316,744 2,178,963 2,321,866
Fugitive operations................................... 156,572 133,133 151,129
Criminal Alien Program................................ 317,177 347,455 318,091
Alternatives to detention............................. 114,275 125,966 124,866
Transportation and Removal Program.................... 313,174 315,647 324,236
UAC Contingency Fund.................................. ................ 7,000 ................
-----------------------------------------------------
Subtotal, Enforcement and removal operations........ 3,217,942 3,108,164 3,240,188
=====================================================
Total, Salaries and expenses...................... 5,779,041 5,861,976 5,934,184
----------------------------------------------------------------------------------------------------------------
METRICS AND DATA SYSTEMS
The Committee continues to believe ICE must modernize its
data systems, capture the information necessary to assess its
effectiveness, and report to the public on its activities. It
is vital that ICE improve its ability to report on each step of
the immigration enforcement and criminal justice lifecycles,
including how and why aliens are encountered by law
enforcement, and what decisions are made regarding their
processing, including use of discretion and all of the factors
considered when decisions are made on disposition. This
necessarily includes whether or not aliens are put into removal
proceedings and detained, a review of their prior arrests and
convictions, and their level of criminality, gang affiliation,
and other appropriate attributes.
In fiscal years 2015 and 2016, the Committee directed ICE
to report on gang affiliations for aliens it encounters, yet
ICE has proven unable to provide this information. The
continued inability to report contrasts sharply with how
quickly ICE was able to modify its data systems when faced with
a requirement from the administration to dramatically retool
systems in support of revised enforcement priorities. However,
ICE did seek assistance in assessing its data needs and systems
by contracting with the Homeland Security Systems Engineering
and Development Institute [HSSEDI] for a plan and
recommendations. HSSEDI provided a framework for improvements
and, recognizing that further investments were needed to
improve data management, the Congress provided an additional
$3,000,000 in fiscal year 2016 to proceed with some of the
necessary activities outlined by HSSEDI. Unfortunately, ICE's
commitment to data management is not reflective of the
Committee's consistent direction to address systemic policy and
data gaps, as ICE does not have an individual in place to lead
this important effort, and also failed to request funding to
continue this effort for fiscal year 2017.
The Committee recommends an additional $6,000,000 for a
comprehensive plan for immigration data improvement, and
directs ICE to dedicate permanent staffing resources for its
enterprise data management efforts and improve component-wide
information governance practices in conjunction with the DHS
Office of Immigration Statistics, and all Federal agencies with
roles in the immigration enforcement lifecycle. The head of
this effort should be a Chief Data Officer and report to the
Deputy Director of ICE, at least until immigration data
management efforts have reached maturity, with resources
coordinated as necessary with the Enforcement and Removal
Office [ERO] as well as the Chief Information Officer. This
office will execute the recommendations made by HSSEDI and work
with the Department's Digital Services staff to develop several
pilots to more rapidly improve ICE's desired end-state for
immigration data management including data collection
standards, data quality practices, and common reporting
methodologies. Pilot results shall be presented to the
Committee upon completion and inform the development of a
longer-term strategy for modernizing critical immigration data
operations at ICE. The bill includes a provision withholding
$100,000,000 from ICE's Salaries and Expenses account until the
Director submits a comprehensive plan for immigration data
improvement, and the Committee directs the plan to detail
requirements necessary to report on gang membership as required
in Senate Report 114-68. The plan should prioritize steps
necessary to get the best possible information into the hands
of the frontline officers, while also collecting details on
immigration enforcement decision-making, including details on
the use of prosecutorial discretion.
IMMIGRATION ENFORCEMENT
The Committee has consistently provided ICE ERO with the
resources necessary to implement enacted immigration laws and
expects that ICE will utilize these resources in a manner
transparent to the Committee as well as the public.
ICE's most recent annual enforcement statistics show that
the number of alien removals continues to decline. In fiscal
year 2015, ICE removals totaled 235,413 aliens, compared with
315,943 removed in fiscal year 2014. While the Administration
has indicated enforcement resources would be targeted based on
the risk an alien poses to their community, the number of
convicted criminal aliens removed dropped from 176,928 in
fiscal year 2014 to 139,368 in fiscal year 2015. The
overwhelming majority of the total removals are the result of
CBP apprehensions at or near the border, as ICE is targeting
and removing only a limited subset of immigration violators
from the interior of the United States dropping by 37,560 from
fiscal year 2014 to fiscal year 2015. The Committee is
concerned that ICE's budget request would justify this downward
trend and continue it in fiscal year 2017. Maintaining an
adequate number of detention beds is critical to ensuring the
integrity of our entire immigration enforcement system,
including border enforcement. The request cuts the total number
of detention beds by more than 2,000 when compared to the
average daily population so far this fiscal year. The
recommended funding level includes $143,000,000 above the
request so that ICE can maintain an average daily population of
34,000, and the Committee expects ICE to vigorously enforce all
immigration laws under its purview.
CUSTODY OPERATIONS CONTRACTING
The fiscal year 2017 budget request assumes substantial
savings reductions to the daily rates for family residential
centers, and ICE assumed such savings without consulting with
industry or public sector service providers. It is unlikely ICE
will realize the 50 percent savings assumed in the budget
before fiscal year 2016 ends, so ICE will need to, at a
minimum, temporarily exercise options to extend operations with
current providers into fiscal year 2017. The Committee
recommends an additional $50,000,000, the cost of two months of
service at the Dilley Family Residential Facility, to sustain
ICE's commitments and directs ICE to immediately notify the
Committee if ICE determines the daily rate savings assumed in
the request will not be realized.
OFFICE OF THE PRINCIPAL LEGAL ADVISOR
The Committee recommends $257,787,000 for the Office of the
Principal Legal Advisor [OPLA], including continued support for
new positions funded in 2016. The Committee understands that
OPLA will not be able to hire all of the attorneys being
deployed to field offices in fiscal year 2016 and has adjusted
the OPLA funding recommendation accordingly.
INVESTIGATIONS
The Committee recommends a total of $1,844,231,000 for HSI
domestic investigations. Within the total, up to $66,000,000 is
for the replacement of vehicles and tactical radios. The
Committee recognizes that HSI is currently recruiting and
onboarding many new investigators, and that many will not be on
board until late in calendar year 2017. The Committee directs
ICE to continue the $10,000,000 increased level of effort for
visa overstay enforcement as directed in the explanatory
statement accompanying Public Law 114-113, and directs ICE to
use the system enhancements and studies funded in fiscal year
2016 to increase HSI's investigative level of effort for
overstay enforcement in fiscal year 2017. ICE shall brief the
Committee on ICE's overstay enforcement efforts, including
activities in support of the Department-wide activities
described in title I of this report, within 60 days of the date
of enactment of this act. The Committee further directs ICE to
continue to dedicate $10,000,000 for expanded investigations
into severe forms of human trafficking and against suspected
human traffickers, as directed in the explanatory statement
accompanying Public Law 114-113. Further, ICE shall maintain
its relationship with the National Center for Missing and
Exploited Children supporting investigations and other
activities to counter child-exploitation.
HUMAN TRAFFICKING
ICE plays a critical role in investigating criminal
organizations trafficking individuals into and within the
United States. The Committee encourages DHS to continue working
with appropriate nonprofit organizations and victim service
providers to improve the training of ICE officers in the field
assisting in the identification of human trafficking victims,
especially children, and provide appropriate referrals to
victim service organizations. The Committee also directs ICE to
report not later than 180 days after the date of enactment of
this act on the feasibility and costs associated with
partnering with appropriate non-governmental organizations on a
human trafficking victim witness coordinator program.
HERO CHILD RESCUE CORPS
The Committee continues to support the Human Exploitation
Rescue Operative [HERO] Child Rescue Corps program. For fiscal
year 2016, it is anticipated that HSI will train approximately
40 HERO participants in two classes. The Committee expects ICE
to allocate not less than $1,000,000 in available funds to
hire, train, and equip wounded, ill, or injured veterans as
digital forensic analysts or investigators to support child
exploitation investigations. The Committee directs HSI, in
consultation with DHS OCHCO, to study the potential costs and
policy implications of providing compensation to those
participating in HERO internships.
GANGS
The Committee supports the work of the National Gang Unit
and encourages ICE to continue its investigations of gangs of
national significance. Gangs are perpetuating much of the
violence in our major urban areas while also engaging in a
variety of illicit activity including international drug, gun,
and human trafficking. The Committee remains concerned about
increasing gang violence and criminal activity in many parts of
our Nation and directs ICE to continually track gang membership
amongst fugitives as well as the detained and non-detained
populations.
WAR CRIMES INVESTIGATIONS
The Committee continues to be concerned by the large number
of suspected human rights violators from foreign countries who
have found safe haven in the United States. As directed in
Senate Report 114-68, ICE shall allocate not less than
$5,300,000 for expenses, including but not limited to hiring
additional OPLA Human Rights Law Section and HSI Human Rights
Violators and War Crimes Unit personnel, training, and
transportation.
TRADE COMPLIANCE AND ENFORCEMENT
The Committee directs not less than $15,000,000 to support
intellectual property rights [IPR] and commercial trade fraud
investigations, including undercover equipment, translation and
transcription of court-ordered wiretaps, commercial fraud
training, and outreach at the National IPR Coordination Center
[NIPRCC]. The Committee notes ICE's emphasis on goods
potentially dangerous to Americans, but also encourages ICE to
consider the deterrent value of its investigations, as well as
the potential financial impact criminal activities have on U.S.
companies, when establishing its investigative priorities. The
Committee urges the NIPRCC to prioritize staff and enforcement
to combating online copyright piracy and supporting copyright
owners' efforts to curtail piracy, and directs ICE to brief the
Committee not later than 90 days after the date of enactment of
this act on efforts to increase online copyright piracy
enforcement activities.
STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM AND ENFORCEMENT
The Student and Exchange Visitor Information System [SEVIS]
was launched in 2002 to mitigate critical vulnerabilities
exploited by the 9/11 hijackers. The Committee understands that
ICE has worked to develop a robust peer-reviewed acquisition
strategy to replace SEVIS with an updated system which will
expand functionality and address current vulnerabilities. The
Committee directs ICE to incorporate features into the new
system to improve information sharing with Federal partners and
provide for overstay enforcement and reporting. The Committee
notes $171,000,000 of fee spending for SEVIS, $26,000,000 more
than the request, is available to expedite system development
and dedicate additional investigative hours to ensure students
who fail to comply with the terms of their visas face
appropriate consequences.
LAW ENFORCEMENT SUPPORT CENTER
The Committee continues funding of $34,500,000 for
resources and full-time law enforcement personnel at the Law
Enforcement Support Center [LESC] and recommends that ICE
ensure that current operations being carried out at the LESC
remain centralized at the LESC facility and are not
unnecessarily duplicated in other parts of the country.
INTERNATIONAL INVESTIGATIONS
The Committee recommends $113,551,000 for international
operations and $45,484,000 for VSP. Of the total amount
provided for VSP, $18,300,000 is available for obligation
through September 30, 2018, due to the lengthy period of time
it takes to place ICE personnel abroad. In fiscal year 2017,
ICE is directed to maintain or increase the level of effort for
international investigations to disrupt transnational criminal
organizations involved in bringing children from Central
America to the U.S. border.
The Committee directs ICE to review the current IT
equipment and level of connectivity supporting its personnel
abroad and upgrade as necessary to ensure these personnel are
provided with the tools and connectivity necessary to perform
their mission in an effective manner.
INTERNATIONAL MEGAN'S LAW
The Committee applauds ICE's efforts to combat
international child exploitation. Through Operation Angel
Watch, a joint effort with CBP and the U.S. Marshals Service,
HSI and its partner agencies use publically-available sex
offender registry information and passenger travel data to
strategically alert foreign law enforcement partners through
HSI attache offices of a convicted child predator's intent to
travel to their country. This information is provided to
foreign law enforcement for action as they deem appropriate. In
fiscal year 2015, a total of 2,172 Angel Watch referrals were
sent to over 95 countries around the globe as a preemptive
notification to foreign law enforcement in the fight to stop
child sex tourism. These referrals resulted in 1,067 denials to
enter these countries.
The recently-enacted International Megan's Law
significantly expands the U.S. Government's efforts to protect
children around the world from sexual predators. The law builds
on HSI's Operation Angel Watch by authorizing an enhanced Angel
Watch Center within ICE's Child Exploitation Investigations
Unit. In addition to formally authorizing and expanding
activities already conducted under Operation Angel Watch, the
law also grants the Angel Watch Center the authority to receive
advance notice of incoming foreign sex offenders. The Committee
directs ICE to allocate no less than $5,000,000 to support
HSI's implementation of International Megan's Law in fiscal
year 2017, and directs ICE to brief the Committee semiannually
on efforts to protect children around the world from sex
tourism.
SEX OFFENDER REGISTRY
The Committee understands that ICE has improved
notification of enforcement authorities and regulatory State
organizations through the Sex Offender Registration and
Notification Act [SORNA] exchange portal when ICE releases an
individual in their jurisdiction who has a registration
requirement. However, the Committee is concerned that ICE's
current sex offender notification and reporting tools and
practices do not result in all local law enforcement officials
receiving the information ICE enters into the SORNA exchange
portal. An additional $2,000,000 is provided to identify
potential information gaps, and then address these gaps to
ensure information is provided in real time on ICE detainees
with sex and/or violent offender records to jurisdictions where
they plan to reside. ICE shall keep the Committee apprised as
it takes steps to address these gaps.
PRIORITY ENFORCEMENT PROGRAM
The Priority Enforcement Program [PEP] helps ICE address
some of the community safety problems and enforcement gaps
presented when States and localities are unwilling or unable to
honor ICE detainers placed on criminal aliens while they are
incarcerated. State and local law enforcement agencies declined
a total of 18,753 detainers from January 1, 2014, through the
end of fiscal year 2015. This total represents 10 percent of
the 213,812 detainers prepared during this time period, and
ICE's application of its enforcement priorities to detainers
means that aliens posing threats to national security, border
security, and public safety, as well as immigration violators,
were released into society. The Committee directs ICE to brief
the Committee quarterly on efforts to increase PEP compliance,
and detail the number of aliens released by the jurisdictions
which fail to honor the largest number of requests from ICE and
their crimes. In order to help protect Americans from dangerous
criminals released into the community, the Committee directs
ICE to evaluate how the Committee-directed enhancements to the
sex offender notification system could be leveraged to notify
State and local police of the releases of criminals from
prison, and brief the Committee within 90 days of the date of
enactment of this act on this evaluation. The Committee further
directs ICE to notify communities immediately and report
quarterly on instances when either ICE, or State and local
authorities, plan to release from custody a criminal alien who
could be lawfully detained pending removal proceedings, and has
been previously convicted of a felony crime of violence or a
felony sex crime.
ALTERNATIVES TO DETENTION
The Committee recommends $124,866,000 for the Alternatives
to Detention [ATD] program. This level supports the total
number of participants included in the request and is
$10,591,000 above the enacted level. The Committee directs ICE
to continue exploring the use of the most effective ATD models,
and prioritize the use of such detention alternatives for
families as appropriate.
MOBILE CRIMINAL ALIEN TEAMS
The Committee directs ICE to continue support for 10 new
Mobile Criminal Alien Teams [MCAT] funded in 2016. The
Committee understands that MCAT officers continue to be hired
and trained and that ICE is working expeditiously to expand the
capability to identify at-large criminal aliens. When dangerous
criminals are released from jail or are otherwise present in
communities around the United States, MCATs are necessary to
respond to threats to public safety by supplementing
immigration enforcement efforts targeted against at-large
criminal aliens, to include sexual offenders, drug traffickers,
gangs, fugitives, and other violent felons.
STAYS OF REMOVAL
The Committee directs ICE to detail the policies governing
ICE personnel, including Field Office Directors, exercising
discretion to grant stays of removal, and provide a report
detailing, by field office, the number of and reasons for stays
of removal being granted during each of fiscal years 2012
through 2015. This is information that ICE should be able to
produce on an annual basis going forward.
287(G) AGREEMENTS
The Committee is aware of jurisdictions waiting longer than
5 years for decisions from ICE on requests for 287(g)
agreements. While ICE can choose not to enter into 287(g)
agreements, it is wholly unacceptable that ICE has not
responded to applicants. The Committee directs ICE to respond
to requests within 4 months of receiving a complete request
from a jurisdiction.
COMMUNITY OUTREACH
The Committee directs ICE to ensure Victim Witness
Coordinators and Community Outreach Officers develop, support,
and maintain partnerships necessary to provide assistance to
U.S. citizens who are victims of crimes committed by aliens.
ICE shall provide the Committee with the job description for
these new positions that includes that responsibility.
DETENTION FACILITY INSPECTIONS
The Committee directs ICE to report quarterly on the number
of detention facility inspections and reviews, including
details on the results of the reviews and estimated cost of the
reviews. The Committee urges the submission of all immigration
detention facility inspections and reviews directly to OIG
prior to any changes, corrections, or edits made by ICE
personnel.
AUTOMATION MODERNIZATION
Appropriations, 2016.................................... $53,000,000
Budget estimate, 2017................................... 43,230,000
Committee recommendation................................ 29,800,000
The Automation Modernization account provides funds for
major IT projects for ICE.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total of $29,800,000,
$13,430,000 less than the request and $23,200,000 below the
amount provided in fiscal year 2016. These funds are to remain
available until September 30, 2019. The recommended level is
consistent with prior year levels and reflective of ICE's
capacity to deliver longer term IT projects. The Committee
notes ICE has not yet obligated any of the funds provided for
critical projects in fiscal year 2016.
AUTOMATION MODERNIZATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Consolidated ICE Financial Solution....................... 5,000 11,800 11,800
TECS modernization........................................ 21,500 21,000 16,000
IT Refresh................................................ 4,000 10,430 2,000
Tactical Communications................................... 18,500 ................ ................
ICE Operational Data Store................................ 4,000 ................ ................
-----------------------------------------------------
Total, Automation Modernization....................... 53,000 43,230 29,800
----------------------------------------------------------------------------------------------------------------
TECS MODERNIZATION
The Committee encourages ICE to continually assess
projected operations and maintenance costs during the
development period and weigh the benefits of enhanced system
functionality against any increases in recurring operating
costs, particularly costs related to bandwidth and data
requirements. The Committee recommends a funding level in line
with projected fiscal year 2017 obligations.
CONSOLIDATED ICE FINANCIAL SOLUTION
The Committee recommends $11,800,000, as requested, for the
Consolidated ICE Financial Solution [CIFS] and directs ICE to
brief the Committee on the projected costs and timeline for
CIFS completion within 90 days of the date of enactment of this
act.
Construction
Appropriations, 2016....................................................
Budget estimate, 2017................................... $7,000,000
Committee recommendation................................................
This appropriation provides funding to plan, construct,
renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws
relating to immigration, detention, and alien registration.
COMMITTEE RECOMMENDATIONS
The Committee recommends no funding for this account. The
Committee notes that up to $45,000,000 is provided within the
Salaries and Expenses account for necessary facilities expenses
at both ICE-owned and leased properties.
Transportation Security Administration
The Transportation Security Administration [TSA] is charged
with ensuring security across U.S. transportation systems,
including aviation, railways, highways, pipelines, and
waterways, and safeguarding the freedom of movement of people
and commerce. Separate appropriations are provided for the
following activities within TSA: aviation security including
Federal Air Marshals; surface transportation security;
intelligence and vetting; and transportation security support.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$7,668,504,000 and a net of $5,075,455,000 for the activities
of TSA for fiscal year 2017.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
TRANSPORTATION SECURITY ADMINISTRATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Aviation Security...................................... 5,719,437 5,820,807 5,898,382
Aviation Security Capital Fund (mandatory)............. (250,000) (250,000) (250,000)
Surface Transportation Security........................ 110,798 122,716 122,716
Intelligence and Vetting (direct appropriations)....... 236,693 231,132 231,132
Intelligence and Vetting (fee-funded programs)......... 199,153 213,049 213,049
Transportation Security Support........................ 924,015 951,375 953,225
--------------------------------------------------------
Total, Transportation Security Administration 7,440,096 7,589,079 7,668,504
(gross).........................................
Aviation Security Fees................................. -2,130,000 -2,130,000 -2,130,000
Additional Offsetting Collections (leg. proposal)...... ................. -880,000 .................
Aviation Security Capital Fund (mandatory)............. -250,000 -250,000 -250,000
Fee-funded programs.................................... -199,153 -213,049 -213,049
--------------------------------------------------------
Total, Transportation Security Administration 4,860,943 4,116,030 5,075,455
(net)...........................................
----------------------------------------------------------------------------------------------------------------
AVIATION SECURITY
Appropriations, 2016.................................... $5,719,437,000
Budget estimate, 2017................................... 5,820,807,000
Committee recommendation................................ 5,898,382,000
The Aviation Security account provides for Federal aviation
security, including screening of all passengers and baggage,
deployment of on-site law enforcement, continuation of a
uniform set of background requirements for airport and airline
personnel, and deployment of explosives detection technology.
The aviation security activities include funding for:
Federal transportation security officers [TSOs] and private
contract screeners; air cargo security; procurement,
installation, and maintenance of explosives detection systems
[EDS]; checkpoint technologies and support; airport management
and support; Federal Air Marshals and other aviation regulation
and enforcement activities.
For the second year in a row, TSA delivered a budget that
the Department knew was inadequate when transmitted. Moreover,
since February, TSA has described to the Congress myriad
changes it requires. While the budget building process begins
years before the year of execution, it is inaccurate to claim
that an agency can not update assumptions or make changes as
necessary prior to submission, particularly to support the
security of the American people. The President's budget is the
agency's opportunity to be transparent to travelers that
appropriate staff will be present to ensure a safe, efficient
experience at the checkpoint. Similarly, acquisitions and
procurements detailed in the budget are a signal to industry
about mission needs and the agency's desire to continue a
current effort or partnership. Given challenges with the
accuracy of the budget, it rests with the Committee to
accurately describe the demands TSA believes it faces.
To meet critical, unfunded needs within TSA, the Committee
provides $5,898,382,000 in gross discretionary appropriations
for the Aviation Security account. This is $178,945,000 more
than fiscal year 2016 enacted and will support the following:
--Mitigate wait times by providing 1,344 personnel to staff
checkpoints while ensuring appropriate security.
--Increase expedited passenger throughput, and support
airport security with 50 additional canine teams. These
teams will include Passenger Screening Canines as well
as teams provided by TSA to State and local law
enforcement.
--$27,800,000 to invest in TSA's Next Carry-on Baggage X-Ray
solution, as well as funds to better integrate new
technology through the Innovation Task Force [ITF].
--$7,200,000 to expand the current fleet of Explosive Trace
Detection [ETD] systems.
--Additional support to the Federal Flight Deck Officer
[FFDO] program to ensure that unfunded needs are met
and that training classes are available to pilots
interested in participating.
While these steps will mitigate wait times, the anticipated
growth in passenger volumes cannot be met effectively merely by
hiring more and more TSOs. It is incumbent on TSA to make
better use of the people it has and, through the Innovation
Task Force, find more efficient ways to move travelers through
space constrained airports.
Finally, and with respect to these airports, the Committee
encourages TSA to carefully consider proposals from their key
stakeholders who offer a wealth of knowledge and experience.
Suggestions on how to more effectively deploy personnel during
peak times as well as devolving additional manpower control to
local leadership should all be considered. To the extent the
Congress can act on these suggestions it has, including
providing additional funding for canine teams, overtime and
accelerated hiring, and support for expedited screening
programs. The commercial aviation sector--and multi-modal
locations in general--remain a target of terrorist
organizations worldwide and the Department will need to lead a
total unity of effort across the public and private sectors to
combat this threat.
COMMITTEE RECOMMENDATIONS
The Committee recommends $5,898,382,000 for aviation
security activities. This is $178,945,000 above the fiscal year
2016 enacted level and $77,575,000 above the amount requested.
Of this amount, the Committee recommends not to exceed $7,650
for official reception and representation expenses.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
AVIATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Screening Partnership Program.......................... 166,928 170,382 170,382
Screening Personnel, Compensation, and Benefits........ 2,973,839 3,045,941 3,088,302
Screener Training and Other............................ 239,025 235,668 240,388
Checkpoint Support..................................... 111,201 115,305 115,305
EDS Procurement/Installation........................... 82,168 82,939 82,939
Screening Technology Maintenance....................... 280,509 280,500 280,500
Aviation Regulation and Other Enforcement.............. 337,345 349,687 374,042
Airport Management and Support......................... 597,899 598,724 602,163
FFDO and Flight Crew Training.......................... 20,758 19,773 22,473
Air Cargo.............................................. 104,689 106,575 106,575
Federal Air Marshals................................... 805,076 815,313 815,313
Aviation Security Capital Fund (mandatory)............. (250,000) (250,000) (250,000)
--------------------------------------------------------
Total, Aviation Security......................... 5,719,437 5,820,807 5,898,382
----------------------------------------------------------------------------------------------------------------
AVIATION SECURITY FEES
Despite statutory language to the contrary, TSA has again
assumed offsetting collections that were not enacted into law,
resulting in $880,000,000 of unfunded needs. This budget
gimmick has been used before and, for that reason, was
statutorily prohibited. Its use again requires this Committee
to not only find these funds within its allocation, but also to
identify additional funds for the unfunded priorities discussed
in this report.
SCREENING PARTNERSHIP PROGRAM
The Committee recommends $170,382,000 for the Screening
Partnership Program [SPP], as requested. The recommendation
includes the necessary funds for security at airports where
private screening contracts are in place, including four
airports recently added to the program.
The Committee acknowledges the important alternative SPP
provides TSA airports in deciding to ``opt-out'' and request
private screening support instead of Federal screeners.
Commensurate with the Committee's interest in this program, TSA
shall notify the Committee within 10 days of any changes in
private screening contracts, including new awards under the
SPP, or the movement from privatized screening to Federal
screening.
SCREENER PERSONNEL, COMPENSATION, AND BENEFITS
The Committee recommends $3,088,302,000 for Screener
Personnel, Compensation, and Benefits. This is $42,361,000
above the amount requested and $114,463,000 above the amount
provided in fiscal year 2016. Of this amount, an additional
$42,361,000 is included above the request to support 612 FTE,
which is 1,344 personnel, who will be critical to mitigating
wait times while maintaining appropriate security. This is the
second year in a row the Committee has added major personnel
resources, for a total more than 1,900 personnel above the
President's request in the last 2 years.
SCREENER TRAINING AND OTHER
The Committee recommends $240,388,000 for Screener Training
and Other. This is $4,720,000 above the amount requested and
$1,363,000 above the amount provided in fiscal year 2016. This
funding will continue robust training for TSA personnel at the
Federal Law Enforcement Training Center and locally.
CHECKPOINT SUPPORT
The Committee recommends $115,305,000 for Checkpoint
Support. This is the same amount as requested and $4,104,000
above the amount provided in fiscal year 2016. Funds are
provided to field test and deploy equipment for passenger
screening, carry-on baggage screening, checkpoint
reconfiguration, electronic surveillance of checkpoints, and
operational integration of systems. Currently deployed
technologies include walk-through metal detectors, ETD, bottled
liquid scanners, chemical analysis devices, advanced technology
systems, and Advanced Imaging Technology [AIT].
Unfortunately, checkpoint purchases for fiscal year 2017 as
outlined in the budget request were outdated on arrival of the
President's budget. Modifications within this account represent
targeted movements of funds to other priorities identified by
TSA. Of the funds provided, the Committee includes $7,200,000
to procure and deploy new ETD systems to expand the overall
fleet of ETDs; $12,800,000 to research and make initial
procurements of the Next Carry-on Baggage Screening Capability;
$15,000,000 to support ITF; and $15,000,000 to further
connectivity of transportation security equipment at the
checkpoint.
The Committee expects TSA to be transparent with vendors
about the solutions they are seeking and that competition for
current and future solutions is fair and open.
TSA PRECHECK
The Committee acknowledges that enrollment in TSA PreCheck
is well below TSA's projected enrollment and believes TSA could
do significantly more to encourage Americans to enroll in this
worthwhile program, which will contribute to airport security
while easing the burden on travelers. To encourage and allow
increased enrollment, the Committee believes TSA needs to make
TSA PreCheck more accessible to the public and directs TSA,
when competing or recompeting contracts for the administration
or expansion of the PreCheck program, to make certain service
fees are fair and reasonable, ensure the number of PreCheck
offices reflect the population of the surrounding area, and
office hours and staffing are such that offices are regularly
open to TSA applicants, including extended hours and weekend
availability as appropriate.
INNOVATION TASK FORCE
Although not discussed in the fiscal year 2017 budget
request, TSA has begun an initiative called ITF to partner with
airports, airlines, and industry broadly to advance aviation
security and improve the passenger experience. The Committee is
always supportive of programs that will bring agencies closer
to their stakeholders and customers, but it will be the
operational pilot programs at participating airports that truly
demonstrate if this will be an effective tool. The Committee
has included $15,000,000 within Checkpoint Support for ITF, and
TSA is directed to brief the Committee not later than 90 days
after the enactment of this act on ITF progress and the status
of any pilot programs. TSA is also encouraged to describe the
ITF and expected milestones in their fiscal year 2018 budget
submission.
ADVANCED INTEGRATED SCREENING TECHNOLOGIES
Pursuant to a statutory requirement in the bill, TSA is to
continue providing a report on advanced integrated passenger
screening technologies for the most effective security of
passengers and baggage not later than 90 days after the date of
enactment of this act. The report provides a useful description
of existing and emerging equipment capable of detecting threats
concealed on passengers and in baggage as well as projected
funding levels for the next 5 fiscal years for each technology
discussed in the report.
ADVANCED IMAGING TECHNOLOGY
The Committee recognizes the important role technology
plays in TSA's mission to protect our Nation's aviation system
from outside threats. As such, the Committee is concerned that
some of our busier rural airports are still waiting for TSA to
deploy AIT at security screening checkpoints. Many of these
rural airports enplane tens of thousands of passengers a year,
providing a direct link to our Nation's larger aviation
network. To ensure the enhanced safety provided by AIT is
realized nationwide, the Committee urges TSA to expeditiously
install this technology at all airports. The Committee also
continues support for AIT technology initiatives, including
Tier III algorithm deployment and wideband development. The
Committee understands the TSA is recurring an initial
$15,000,000 investment made by the Congress last year to ensure
that research and development on AIT continues.
RISK-BASED SECURITY INITIATIVES
Prominent in the fiscal year 2016 budget request, the
formal use of the Risk-Based Security [RBS] approach has all
but disappeared in the fiscal year 2017 budget. TSA has been
employing RBS since 2011 in an effort to focus limited security
resources on higher risk, unknown travelers by expediting lower
risk and trusted travelers. The Committee continues to commend
this approach, but expects it to be data-driven and security-
minded going forward.
EXIT LANE SECURITY
The Committee continues direction that TSA will monitor
exit lanes consistent with section 603 of the Bipartisan Budget
Act and that, with regard to remodeling and modernization
efforts undertaken by an airport at an existing lane for which
TSA was responsible for monitoring on December 1, 2013, TSA
shall continue to be responsible for monitoring the exit lane
after the remodeling or modernization effort is completed.
The Committee is also interested in promoting cost-
effective technological solutions for securing exit lanes and
how TSA can achieve further staffing efficiencies. To expedite
the deployment of exit lane breach control [ELBC] technology,
the Committee directs TSA to implement a pilot program that
will allow airports that procure, install, and operate ELBC
systems on a non-reimbursable basis, and to reallocate any
resulting FTE savings to address screening capacity challenges
at the same airport where the exit lane pilot is being
conducted. The reallocated personnel shall be in addition to
existing screening staff assigned to the airport checkpoint
prior to the deployment of ELBC technology. The procurement of
ELBC systems shall be consistent with TSA's Airport Exit Lane
toolbox and exit lane security guidelines, including
technologies in use at airports today.
EXPLOSIVES DETECTION SYSTEMS
The Committee recommends $82,939,000 for EDS procurement
and installation, as requested, which is $771,000 above the
amount provided in fiscal year 2016. An additional $250,000,000
in mandatory spending will be available from Aviation Security
Capital Fund [ASCF] fee collections. This level of funding will
allow for the procurement of EDS, continued investment in the
latest threat detection capabilities, as well as test and
evaluation of new technologies. The Committee directs TSA to
include its EDS recapitalization plans within the congressional
budget justifications for fiscal year 2018 including detailed
information on expected unit replacements. Section 44923 of
title 49, United States Code, requires that the $250,000,000 in
annual mandatory funding deposited into the ASCF be available
for airport security improvement projects, such as facility
modifications. However, procurement and installation of EDS
equipment associated with these projects is not permitted. With
a diminishing base of airport applications seeking large
improvement projects and the need to replace aging EDS machines
currently deployed at airports, the recommendation continues
bill language, as requested, to permit ASCF funding to be used
to procure and install EDS equipment during fiscal year 2017.
This will allow TSA to more effectively, economically, and
expeditiously plan and implement the acquisition and
replacement of existing EDS units.
The Committee is disappointed that TSA has not produced the
report required in the joint explanatory statement accompanying
Public Law 114-113, which directed TSA, not later than 60 days
after the date of enactment, to develop a process to review and
validate the reimbursement claims from airports for in-line
baggage screening systems installed prior to 2008 and a plan
for reimbursement of validated claims. The Committee directs
TSA to issue the report not later than June 17, 2016.
INFORMATION-BASED SCREENING OF AIRPORT WORKERS
The Committee is concerned about the potential for misuse
of Secure Identification Display Area (SIDA) badges in the
United States stemming from reports that terrorist
organizations have used airline workers to carry out attacks in
Egypt and Somalia. The Department, in conjunction with
airports, airlines, State and local law enforcement, and other
agencies as appropriate, shall take actions to secure air
travel in the United States, including information-based
screening of aviation workers against available domestic and
foreign intelligence. The Committee directs TSA to report to
the Committee on what steps TSA has already taken to secure our
Nation's airports working with airports, relevant State and
local law enforcement, and the aviation community. This report
should include the number of known cases where SIDA badges were
used to bypass secure checkpoints for non-official purposes and
the number of cases where individuals who obtained SIDA badges
traveled overseas to a foreign terrorist organization.
EDS/CHECKPOINT TECHNOLOGY INVESTMENTS
Not later than 60 days after the date of enactment of this
act, TSA is to brief the Committee on its fiscal year 2017
investment plans for checkpoint security and EDS refurbishment,
procurement, and installations on an airport-by-airport basis.
The briefing shall include specific technologies for purchase,
program schedules and major milestones, a schedule for
obligation of the funds, recapitalization priorities, status of
operational testing for each passenger screening technology
under development, and a table detailing actual versus
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 2017 to include a
summary of the pilot program describing what the program is
attempting to achieve; potential capabilities and benefits of
the program; the airports where the pilots will be operating;
funding commitments; and plans for future expansion. The
Committee expects the briefing to include detailed program
schedules for passenger screening technologies. Schedules
should include all milestones from the issuance of a request
for proposal to deployment.
EXPLOSIVE TRACE DETECTION
Not later than 60 days after the date of enactment of this
act, TSA is directed to brief the Committee on the operational
effectiveness of currently deployed ETD systems. The report
shall include data on the false alarm rates of deployed systems
and the impact of those false alarms on checkpoint throughput
and operations. The report shall also include performance
metrics of the currently deployed systems and their compliance
with the latest detection, performance, and security
requirements.
SCREENING TECHNOLOGY MAINTENANCE AND UTILITIES
The Committee recommends $280,500,000 for Screening
Technology Maintenance and Utilities. This is the same amount
as requested and $9,000 below the amount provided in fiscal
year 2016.
AVIATION REGULATION AND OTHER ENFORCEMENT
The Committee recommends $374,042,000 for Aviation
Regulation and Other Enforcement. This is $24,355,000 above the
amount requested and $36,697,000 above the amount provided in
fiscal year 2016. The recommended amount provides for law
enforcement and regulatory activities at airports to ensure
compliance with required security measures, respond to security
incidents, and provide international support for worldwide
security requirements.
As noted previously, the Committee is including funds above
the request for 50 additional canine teams. These teams will
include both Passenger Screening Canine teams to secure the TSA
checkpoint and help speed passengers through expedited
screening, as well as fund State and local teams which will
augment TSA resources.
When determining the deployment of the 50 additional canine
teams to airports, as well as the re-deployment of existing
canine teams, the Committee directs TSA to consider passenger
volume and risk assessments to ensure resources are deployed in
the most productive manner. Additionally, the Committee directs
TSA to provide to the Committee within 30 days of the date of
enactment of this act the current staffing model employed by
TSA in determining the deployment of existing canine teams.
The Committee also includes an additional $4,200,000 above
the request to conduct a pilot program utilizing third party
canine [3PK9] teams. This program will provide TSA the
opportunity to examine innovative ways third party providers
can act as a force multiplier for the agency, reducing the
strain on current canine teams while directly benefitting
passengers through the receipt of expedited screening. The
pilot program should be executed such that 3PK9 teams can
operate at major airports during varying travel times and
seasons and at varying checkpoint layouts. Following conclusion
of the pilot, TSA is directed to brief the Committee not later
than 180 days after the date of enactment of this act, on the
program's key metrics including operational effectiveness and
suitability.
In addition, the Committee notes language in House Report
112-492 urging TSA to work with the aviation industry to
utilize regulatory action for security procedures that endure,
in lieu of emergency authority which is necessarily entrusted
in TSA to address specific, emergent threat situations. Given
the pending change in administration, TSA is directed to assess
its many outstanding regulatory efforts, such as to establish
Standardized Vetting, Adjudication, and Redress Services, to
delineate airport security responsibilities, and to implement
the large aircraft security program, and brief the Committee on
its regulatory priorities not later than 90 days after the date
of enactment of this act. Further, TSA shall include
information on its approach to maintaining security directives
and emergency amendments over time versus following established
regulatory processes.
AIRPORT MANAGEMENT AND SUPPORT
The Committee recommends $602,163,000 for Airport
Management and Support. This is $3,439,000 above the amount
requested and $4,264,000 above the amount provided in fiscal
year 2016. Funds are provided for: the workforce to support TSA
Federal Security Directors; Bomb Appraisal Officers; Explosives
Security Specialists; the Transportation Security Operations
Center; airport rent and furniture; a vehicle fleet; airport
parking; and employee transit benefits. Funding above the
request supports ancillary costs associated with new TSO hires
and canine teams.
The Committee finds that small and rural airports play a
critical role in the security of our national airspace, as the
first point of entry for millions of travelers every year.
Therefore, TSA shall not eliminate Federal or SPP security
screening at any public use airport with regularly scheduled
commercial air service without consulting local airport
management.
The Committee is concerned about the ripple effects of
lengthening wait times at the Nation's airports and the strain
that places on both the passengers and airline industry. To
better understand the challenges posed by wait times, the
Committee directs TSA to report on long-term efforts and
contingency plans to predict and respond to changing passenger
volumes and how that response can mitigate potential future
challenges without compromising security.
FEDERAL FLIGHT DECK OFFICER AND FLIGHT CREW TRAINING PROGRAMS
The Committee recommends $22,473,000 for the FFDO and
Flight Crew Training programs. This is $2,700,000 above the
amount requested and $1,715,000 above the amount provided in
fiscal year 2016.
Funding above the budget request reflects the Committee's
continued support for the program, which deputizes qualified
airline pilots who volunteer to be Federal law enforcement
officers and to provide initial and recurrent law enforcement
training. Funds are also provided for the Crew Member Self-
Defense Training program for the purpose of teaching crew
members basic self-defense concepts and techniques.
To more robustly resource this program and support unfunded
initiatives commenced in fiscal year 2016, the Committee
includes an additional $200,000 for ammunition and $500,000 to
conduct a cost-benefit analysis on the need for additional
Recurrent Training Facilities and how this might further
support the FFDO community. The Committee also includes an
additional $2,000,000 to ensure training slots are available to
interested pilots.
AIR CARGO
The Committee recommends $106,575,000 for air cargo
security. This is the same amount as requested and $1,886,000
above the amount provided in fiscal year 2016. Funds are
provided to secure the air cargo supply chain, conveyances, and
people. TSA is also directed to include planned fiscal year
2018 investments in its congressional budget justification
materials for fiscal year 2018.
FEDERAL AIR MARSHALS
The Committee recommends $815,313,000 for the Federal Air
Marshals Service [FAMS]. This is level with the amount
requested and $10,237,000 above the amount provided in fiscal
year 2016. Funding is included for FAMS to protect the air
transportation system against terrorist threats, sabotage, and
other acts of violence.
The Committee continues, as it did during fiscal year 2016,
to await a workforce staffing report to help the Congress
understand the appropriate personnel level of the FAMS. Despite
the robust funding provided, the Committee still has nothing
which formally justifies current staffing levels, much less new
hires. The Committee continues direction to TSA to submit
quarterly reports on mission coverage, staffing levels, and
hiring rates as in prior years.
SURFACE TRANSPORTATION SECURITY
Appropriations, 2016.................................... $110,798,000
Budget estimate, 2017................................... 122,716,000
Committee recommendation................................ 122,716,000
Surface transportation security provides funding for
personnel and operational resources to assess the risk of a
terrorist attack on non-aviation modes of transportation, to
establish standards and procedures to address those risks, and
to ensure compliance with established regulations and policies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $122,716,000 for Surface
Transportation Security, as requested, which is $11,918,000
above the amount provided in fiscal year 2016.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
SURFACE TRANSPORTATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Staffing and operations................................... 28,148 27,700 27,700
Surface inspectors and VIPR............................... 82,650 95,016 95,016
-----------------------------------------------------
Total, Surface Transportation Security.............. 110,798 122,716 122,716
----------------------------------------------------------------------------------------------------------------
SURFACE TRANSPORTATION SECURITY INSPECTORS AND VIPR
The Committee recommends $95,016,000 for Surface
Transportation Security Inspectors and VIPR. This is the same
as the amount requested and $12,366,000 above the amount
provided in fiscal year 2016. Further, the Committee has added,
consistent with previous years, significant additional
resources for canine teams funded under Aviation Security and
all of their associated logistics support. Within the amount
provided, $3,500,000 is to augment the VIPR program, including
the deployment of teams to the busiest travel hubs. This
support should be performed in concert with facility owners and
operators.
INTELLIGENCE AND VETTING
Appropriations, 2016.................................... $236,693,000
Budget estimate, 2017................................... 231,132,000
Committee recommendation................................ 231,132,000
Intelligence and Vetting includes several programs that are
intended to identify known or suspected terrorist threats
working in or seeking access to the Nation's transportation
system.
COMMITTEE RECOMMENDATIONS
The Committee recommends $231,132,000 for Intelligence and
Vetting, as requested, which is $5,561,000 below the amount
provided in fiscal year 2016. In addition, an estimated
$213,049,000 in fee collections is available for these
activities in fiscal year 2017, as proposed in the budget.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
INTELLIGENCE AND VETTING
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Direct Appropriations:
Intelligence.......................................... 52,003 57,360 57,360
Secure Flight......................................... 105,651 101,721 101,721
Other Vetting Programs................................ 79,039 72,051 72,051
-----------------------------------------------------
Subtotal, direct appropriations..................... 236,693 231,132 231,132
=====================================================
Fee Collections:
TWIC fee.............................................. 82,267 96,163 96,163
Hazardous material fee................................ 21,083 21,083 21,083
General aviation at DCA fee........................... 400 400 400
Commercial aviation and airport fee................... 6,500 6,500 6,500
Other security threat assessments fee................. 50 50 50
Air cargo/certified cargo screening program fee....... 3,500 3,500 3,500
TSA PreCheck Application Program fee.................. 80,153 80,153 80,153
Alien flight school fee............................... 5,200 5,200 5,200
-----------------------------------------------------
Subtotal, fee collections........................... 199,153 213,049 213,049
----------------------------------------------------------------------------------------------------------------
SECURE FLIGHT
The Committee recommends $101,721,000 for Secure Flight, as
requested, which is $3,930,000 below the amount provided in
fiscal year 2016. As recommended by the 9/11 Commission and
mandated by the Intelligence Reform and Terrorism Prevention
Act [Public Law 108-458], this program transferred the
responsibility of airline passenger watchlist matching from the
air carriers to the Federal Government.
The Committee continues to follow the Credential
Authentication Technology program closely and despite delays
for vulnerabilities outside the control of the program, the
Committee looks forward to deployment.
OTHER VETTING PROGRAMS
The Committee recommends $72,051,000 for Other Vetting
Programs, as requested, which is $6,988,000 below the amount
provided in fiscal year 2016. The Committee continues to follow
the Technology Infrastructure Modernization [TIM] program
closely and expects to be updated regularly at major milestones
such as Acquisition Decision Events. Given strong congressional
interest in TSA's progress with recurrent vetting against
criminal data for its vetted populations, TSA shall keep the
Committee apprised of efforts to implement Rap Back with the
FBI and in transitioning to the Department's automated
biometric system, IDENT.
In addition, TSA shall ensure that in its TIM efforts, as
well as in its rulemaking for Standardized Vetting,
Adjudication, and Redress Services, the responsibilities of
airports, airlines, and employers continue to be maintained.
TRANSPORTATION SECURITY SUPPORT
Appropriations, 2016.................................... $924,015,000
Budget estimate, 2017................................... 951,375,000
Committee recommendation................................ 953,225,000
The Transportation Security Support account supports the
operational needs of TSA's extensive airport/field personnel
and infrastructure. Transportation Security Support includes:
headquarters' personnel, pay, benefits, and support; mission
support centers; human capital services; and information
technology support.
COMMITTEE RECOMMENDATIONS
The Committee recommends $953,225,000 for Transportation
Security Support. This is $1,850,000 above the amount requested
and $29,210,000 above the amount provided in fiscal year 2016.
The following table summarizes the Committee's
recommendations compared to the fiscal year 2016 and budget
request levels:
TRANSPORTATION SECURITY SUPPORT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters administration............................... 273,259 290,212 281,622
Information technology.................................... 449,160 459,118 461,155
Human capital services.................................... 201,596 202,045 210,448
-----------------------------------------------------
Total, Transportation Security Support.............. 924,015 951,375 953,225
----------------------------------------------------------------------------------------------------------------
HEADQUARTERS ADMINISTRATION
The Committee recommends $281,622,000 for Headquarters
Administration. This is $8,590,000 below the amount requested
and $8,363,000 above the amount provided in fiscal year 2016.
Although TSA is straining to meet the demands of commercial
aviation sector passenger growth, this challenge rests most
heavily with frontline personnel and consequently the
Headquarters PPA is reduced with the balance put against
emerging needs in the Aviation Security account. Increases in
Human Capital Services and Information Technology reflect
additional resources for new canine teams and frontline
personnel.
United States Coast Guard
SUMMARY
The Coast Guard's primary responsibilities are the
enforcement of all applicable Federal laws on the high seas and
waters subject to the jurisdiction of the United States;
promotion of safety of life and property at sea; assistance to
navigation; protection of the marine environment; and
maintenance of a state of readiness to function as a
specialized service in the Navy in time of war, as authorized
by sections 1 and 2 of title 14, United States Code.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$10,402,221,000 for the activities of the Coast Guard for
fiscal year 2017. When costs for overseas contingency
operations are excluded, the recommendation for the Coast Guard
is $10,239,529,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
COAST GUARD--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operating Expenses........................................ 7,061,490 6,986,815 7,140,257
Environmental Compliance and Restoration.................. 13,221 13,315 13,315
Reserve Training.......................................... 110,614 112,302 112,302
Acquisition, Construction, and Improvements............... 1,945,169 1,136,788 1,256,588
Research, Development, Test, and Evaluation............... 18,019 18,319 36,819
Health Care Fund Contribution (Permanent Indefinite 169,306 176,000 176,000
Discretionary Appropriations)............................
Retired Pay............................................... 1,604,000 1,666,940 1,666,940
-----------------------------------------------------
Total, Coast Guard.................................. 10,921,819 10,110,479 10,402,221
----------------------------------------------------------------------------------------------------------------
The Coast Guard will pay an estimated $176,000,000 in
fiscal year 2017 to the Medicare-Eligible Retiree Health Care
Fund for the costs of military Medicare-eligible health
benefits earned by its uniformed service members. The
contribution is funded by permanent indefinite discretionary
authority pursuant to the National Defense Authorization Act
for fiscal year 2005 (Public Law 108-375).
OPERATING EXPENSES
Appropriations, 2016.................................... $7,061,490,000
Budget estimate, 2017................................... 6,986,815,000
Committee recommendation................................ 7,140,257,000
The Operating Expenses appropriation provides funds for the
operations and maintenance of multipurpose vessels, aircraft,
and shore units strategically located along the coasts and
inland waterways of the United States and in selected areas
overseas. The program activities of this appropriation fall
into the following categories:
Search and Rescue.--As one of its earliest and most
traditional missions, the Coast Guard maintains a nationwide
system of boats, aircraft, cutters, and rescue coordination
centers on 24-hour alert.
Aids to Navigation.--To help mariners determine their
location and avoid accidents, the Coast Guard maintains a
network of unmanned aids to navigation along the Nation's
coasts and on its inland waterways. In addition, the Coast
Guard operates radio stations in the United States that serve
the domestic and international needs of the armed services and
of marine and air commerce.
Marine Safety.--The Coast Guard ensures compliance with
Federal statutes and regulations designed to improve safety in
the merchant marine industry and operates a recreational
boating safety program.
Marine Environmental Protection.--The primary objectives of
the marine environmental protection program are to minimize the
dangers of marine pollution and to assure the safety of ports
and waterways.
Enforcement of Laws and Treaties.--The Coast Guard is the
principal maritime enforcement agency with regard to Federal
laws on the navigable waters of the United States and the high
seas, including fisheries, drug smuggling, illegal immigration,
and hijacking of vessels.
Ice Operations.--In the Arctic and Antarctic, Coast Guard
icebreakers escort supply ships, support research activities
and DOD operations, survey uncharted waters, and collect
scientific data. The Coast Guard also assists commercial
vessels through ice-covered waters.
Defense Readiness.--During peacetime, the Coast Guard
maintains an effective state of military preparedness to
operate as a service in the Navy in time of war or national
emergency at the direction of the President. As such, the Coast
Guard has primary responsibility for the security of ports,
waterways, and navigable waters up to 200 miles offshore.
COMMITTEE RECOMMENDATIONS
The Committee recommends $7,140,257,000 for Coast Guard
Operating Expenses, including $24,500,000 from the Oil Spill
Liability Trust Fund and $502,692,000 for Coast Guard defense-
related activities, of which $162,692,000 is for Overseas
Contingency Operations. Of this amount, the Committee
recommends not to exceed $23,000 for official reception and
representation expenses. The recommendation level is
$153,442,000 above the amount requested and $78,767,000 above
the amount provided in fiscal year 2016. The Committee also
retains funding to meet the air facility operation obligations
laid out in the Sec. 676a of the Coast Guard Authorization Act
of 2015.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
OPERATING EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Military pay and allowances............................... 3,488,617 3,597,319 3,587,319
Civilian pay and benefits................................. 792,229 817,324 817,324
Training and recruiting................................... 206,498 198,605 198,605
Operating funds and unit level maintenance................ 1,027,780 996,204 996,954
Centrally managed accounts................................ 329,906 329,099 329,099
Intermediate and depot level maintenance.................. 1,056,458 1,048,264 1,048,264
Overseas contingency operations / global war on terrorism. 160,002 ................ 162,692
...........
-----------------------------------------------------
Total, Operating Expenses........................... 7,061,490 6,986,815 7,140,257
----------------------------------------------------------------------------------------------------------------
OVERSEAS CONTINGENCY OPERATIONS
The Committee provides $162,692,000 for Coast Guard
operations in support of overseas contingency operations. While
funding for these activities is requested in the DOD budget for
the Navy, the Committee adopted a practice beginning in the
fiscal year 2009 Supplemental Appropriations Act of
appropriating these amounts directly to the Coast Guard. The
Coast Guard shall brief the Committee not later than 30 days
after the date of enactment of this act on any changes expected
during fiscal year 2017 or projected transition costs expected
in fiscal year 2018 to support overseas contingency operations.
The Committee notes that funding is increasing slightly for
fiscal year 2017, and funds will be used for Coast Guard
personnel to provide shore line security in certain locations
where their presence can help form a seamless security
perimeter with harbor patrols.
BERING SEA AND ARCTIC OCEAN RESPONSE
Not later than 180 days after the date of enactment of this
act, the Secretary shall submit to the Committee a report on
the Coast Guard's plans to ensure that it is capable of
conducting its response missions throughout the Western Alaska
Captain of the Port Zone, including the Bering Sea and Arctic
Ocean. The report shall include: a list of pollution response
equipment and spill response organizations capable of
mitigating an oil or hazardous material release in the Bering
Sea or Arctic Ocean; the role prevention plays in preventing a
pollution incident; a detailed description of how a spill that
occurs in icy waters will be mitigated and the methods used;
and how the Coast Guard is partnering with Federal, State, and
local entities to ensure a well-coordinated response.
Not later than 180 days after the date of enactment of this
act, the Secretary shall submit to the Committee a report on
the plans of the Coast Guard to ensure long-term search and
rescue coverage for the Arctic.
MINOR SHORE INFRASTRUCTURE
The bill includes long-standing language to allow funds
from the Operating Expenses appropriation to be used for the
sustainment, repair, replacement, and maintenance of shore
infrastructure, including projects to correct deficiencies for
code compliance or that threaten life, health, or safety to an
amount not exceeding 50 percent of a building's or structure's
replacement value. Additionally, Operating Expenses funds are
allowed to be used for contingent, emergent, or other
unspecified minor construction projects, which includes new
construction, procurement, development, conversion, rebuilding,
improvement, or an extension of any facility not exceeding
$1,000,000 in total costs at any location for planned or
unplanned operational needs.
Minor construction projects funded from the Operating
Expenses appropriation can be combined with depot level
maintenance projects for the sake of administrative and
economic efficiency. The Coast Guard is to provide a report to
the Committee not later than 45 days after the date of
enactment of this act detailing such projects and any
sustainment, repair, replacement, or maintenance projects over
$1,000,000 for fiscal year 2017.
The Committee includes requested funding to complete shore
facility follow-on, as detailed in the Coast Guard's
congressional budget justifications.
NATIONAL COAST GUARD MUSEUM
Within the funds recommended for Coast Guard Operating
Expenses, $5,000,000 is provided and available for 2 years to
meet authorities specified in 98(b) of title 14, United States
Code, which pertains to a National Coast Guard Museum [Museum].
Current law authorizes the use of funds to preserve and protect
Coast Guard artifacts, as well as for the design, fabrication,
and installation of exhibits or displays in which these
artifacts are included. Prior to the obligation of funds
associated with the Museum, the Coast Guard will brief the
Committee on their acquisition strategy for how funds will be
executed.
SMALL BOATS
The Committee is aware of an outstanding Coast Guard
requirement to replace aging small response boats and notes
that the Coast Guard is not procuring enough boats annually to
meet its acquisition objective. The Committee includes funding
above the request to purchase not less than 46 small response
boats in fiscal year 2017.
The bill also includes long-standing language to allow
funds from the Operating Expenses appropriation to be used for
the purchase or lease of small boats for contingent and
emergent requirements (at a unit cost of no more than $700,000)
and repairs and end-of-service-life replacements. The annual
cost of these activities is capped at $31,000,000. Unlike major
procurements requested for the Acquisition, Construction, and
Improvements appropriation, the Coast Guard's annual request
for the Operating Expenses appropriation includes minimal
information about the budget for small boat activities. In
order to gain more clarity on these matters, the Coast Guard
shall report to the Committee no later than 30 days after the
date of enactment of this act detailing planned small boat
purchases, leases, repairs, and service life replacements for
fiscal year 2017.
FACILITY SECURITY OFFICER TRAINING
The Coast Guard has still not published a Notice of
Proposed Rulemaking [NPRM] concerning Facility Security Officer
Training. The Coast Guard is directed to move expeditiously on
this effort and the Committee expects the NPRM will be
published during calendar year 2017.
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 which directly supports fleet readiness.
The Committee recognizes the Yard has been a vital part of the
Coast Guard's readiness and infrastructure for more than 100
years and believes that sufficient industrial work should be
assigned to the Yard to maintain this capability.
FISHING SAFETY TRAINING
To fulfill requirements associated with section 309 of
Public Law 113-281, which authorizes competitive grants for a
Coast Guard-certified Fishing Safety Training Grants Program
and Fishing Safety Research Grant Program, a total of
$6,000,000 is provided for both programs. The funding is
provided with 2-year availability. These programs will provide
irreplaceable training that prevents injuries and saves lives,
essential to the safety and future of commercial fishermen.
This Federal funding will also serve as much-needed assistance
for fishermen as they comply with expensive safety and training
requirements that have been recently imposed. Many commercial
fishermen are already struggling with onerous Federal
regulations and declining catch quotas, such as in the
Northeast Groundfish Fishery where catch quotas have been cut
by more than 95 percent since 2010.
The Coast Guard has been authorized to carry-out both the
Fishing Safety Training and Fishing Safety Research grants
since enactment of the Coast Guard Authorization Act of 2010.
Despite this authorization, and encouragement in House Report
114-215 to utilize funds recovered from prior year obligations
for this purpose, the Coast Guard has yet to request or apply
any funding to this initiative. On April 28, 2016 the Committee
received a report entitled ``Fishing Safety: Pilot Training
Program'', which indicated that the Coast Guard would--if
funded--``collaborate with [the National Institute of
Occupational Safety and Health] NIOSH to assess the success of
a pilot program''. This initial effort would not only measure
the effectiveness of the program and participation, but also
allow Coast Guard and NIOSH to evaluate the number of courses
required and provide a more accurate assessment of required
annual funding.
The Coast Guard, in conjunction with NIOSH, is directed to
submit a report to the Committee not later than 90 days after
the date of enactment of this act, outlining the means by which
they will administer this program, metrics by which to measure
the program, and the need for funding. The Committee also
directs the Coast Guard to work with FEMA on how to properly
implement a new grant program.
PUGET SOUND FEDERAL CAUCUS
The Committee commends the Thirteenth Coast Guard District
for signing the Puget Sound Federal Caucus Memorandum of
Understanding [MOU] on April 21, 2014. The recovery and cleanup
of Puget Sound is essential to our Nation's economy and
continued coordination and sharing of expertise among Federal
partners is critical to furthering current efforts. The
Committee directs the Thirteenth Coast Guard District to work
with its counterparts in the Puget Sound Federal Caucus to
renew and strengthen the MOU prior to its expiration on March
27, 2017.
COAST GUARD BAND
The Committee is concerned that the Coast Guard is planning
to expend unnecessary funds to move the Coast Guard Band from
the Coast Guard Academy Campus in New London, Connecticut to
Washington, DC and therefore directs that no funds provided in
this act shall be expended for the relocation of the Coast
Guard Band from its current home.
MARINE ENVIRONMENT PROTECTION
The Coast Guard, jointly and cooperatively with the
Environmental Protection Agency, is charged with enforcing the
International Maritime Organization's Marine Pollution [MARPOL]
convention focused on preventing different forms of marine
pollution, including oil, noxious liquid substances, harmful
substances, waste water, garbage, and emissions of sulfur oxide
and nitrogen oxide at sea. In accordance with MARPOL Annex VI
Regulation 13, all vessels entering the North American and
Caribbean Emission Control Areas [ECA] as of January 1, 2015,
are required to use Ultra-low (0.1%) Sulfur Intermediate Fuel
Oil [IFO]. The Committee remains concerned about potential
modal shifts related to ECAs and directs the Coast Guard to
provide an update to the briefing, mandated in House Report
114-215, on ECA-related enforcement actions, fuel availability,
waivers, and exemptions for ECA compliance.
The Committee is concerned that despite issuing a final
rule on Ballast Water Discharge Standards in 2012, the Coast
Guard has yet to approve a single Ballast Water Management
System [BWMS]. This is particularly challenging for BWMS
vendors who must submit to lengthy, expensive testing at
independent laboratories or seek to have existing test data
validated also through independent laboratory review. In
seeking to validate the results of certain BWMS technology it
is clear that testing protocols have not necessarily kept pace.
The lack of comprehensive protocols to test BWMS technologies,
some of which are widely accepted in other water treatment
industries, is causing the industry harm in the maritime sector
and must be addressed. To continue the development of more
appropriate testing methods, the Committee directs the Coast
Guard, in conjunction with the Environmental Protection Agency,
to reexamine the applicability of the most probable number
method for evaluating the efficacy of certain treatment
technologies.
EXECUTIVE TRANSPORTATION AIRCRAFT
Despite clear direction to notify the Committee prior to
making any changes in the type or number of command and control
aircraft, the Coast Guard proceeded during fiscal year 2016
with actions for a new lease to replace an existing aircraft.
The lack of transparency and advanced planning on a lease with
a known expiration date is troubling. Consequently, the
Committee directs the Coast Guard to maintain a maximum of 1000
hours of flight time in total per year across both aircraft,
which is the current service level, until an analysis is
provided to the Committee which justifies and describes any
increase.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriations, 2016.................................... $13,221,000
Budget estimate, 2017................................... 13,315,000
Committee recommendation................................ 13,315,000
The Environmental Compliance and Restoration account
provides funds to address environmental problems at former and
current Coast Guard units as required by applicable Federal,
State, and local environmental laws and regulations. Planned
expenditures for these funds include major upgrades to
petroleum and regulated substance storage tanks, restoration of
contaminated ground water and soils, remediation efforts at
hazardous substance disposal sites, and initial site surveys
and actions necessary to bring Coast Guard shore facilities and
vessels into compliance with environmental laws and
regulations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $13,315,000. The Coast Guard is
directed to include in its annual congressional budget
justifications a listing of the activities projected to be
funded by the amount requested under this heading and an
updated backlog report for Environmental Compliance and
Restoration projects with an explanation of how the amount
requested will impact this documented backlog.
RESERVE TRAINING
Appropriations, 2016.................................... $110,614,000
Budget estimate, 2017................................... 112,302,000
Committee recommendation................................ 112,302,000
The Reserve Training appropriation provides for the
training of qualified individuals who are available for Active
Duty in time of war or national emergency or to augment regular
Coast Guard forces in the performance of peacetime missions.
COMMITTEE RECOMMENDATIONS
The Committee recommends $112,302,000 for Reserve Training,
as requested which is $1,688,000 above the amount provided in
fiscal year 2016.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2016.................................... $1,945,169,000
Budget estimate, 2017................................... 1,136,788,000
Committee recommendation................................ 1,256,588,000
Funding in this account supports the Acquisition,
Construction, and Improvements of vessels, aircraft,
information management resources, shore facilities, aids to
navigation, and military housing required to execute the Coast
Guard's missions and achieve its performance goals.
Vessels.--The vessel program provides funding to
recapitalize and improve the Coast Guard's fleet of aging boats
and cutters.
Aircraft.--The aircraft program is the primary
recapitalization and sustainment effort for the Coast Guard's
aging aircraft.
Other Equipment.--The Coast Guard invests in numerous
management information and decision-support systems that will
result in increased efficiencies.
Shore Facilities and Aids to Navigation.--The Coast Guard
invests in the acquisition, construction, rebuilding, and
improvement of shore facilities, aids to navigation, and
related equipment.
Military Housing.--The Coast Guard invests in Military
Housing facilities to ensure military members have access to
housing in areas where there is a lack of affordable
accommodations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,256,588,000 for Acquisition,
Construction, and Improvements, including $24,500,000 from the
Oil Spill Liability Trust Fund. This is $119,800,000 above the
amount requested and $688,581,000 below the amount provided in
fiscal year 2016. The increase above the President's budget
continues a trend by this Committee to more appropriately
resource the Coast Guard.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Vessels:
Survey and Design--Vessel and Boats................... 15,000 6,500 8,500
In-Service Vessel Sustainment......................... 68,000 79,000 94,000
National Security Cutter.............................. 743,400 127,000 255,400
Offshore Patrol Cutter................................ 89,000 100,000 100,000
Fast Response Cutter.................................. 340,000 240,000 325,000
Cutter Boats.......................................... 3,000 4,000 4,000
Polar Ice Breaking Vessel............................. 6,000 147,600 14,000
-----------------------------------------------------
Subtotal, Vessels................................... 1,264,400 704,100 800,900
=====================================================
Aircraft:
HC-144 Conversion/Sustainment......................... 3,000 25,500 25,500
HC-27J Conversion /Sustainment........................ 102,000 130,000 130,000
HC-130J Acquisition/Conversion/Sustainment............ 150,000 20,800 21,800
HH-65 Conversion/Sustainment.......................... 40,000 25,000 25,000
-----------------------------------------------------
Subtotal, Aircraft.................................. 295,000 201,300 202,300
=====================================================
Other Acquisition Programs:
Other Equipment and Systems........................... ................ 8,055 8,055
...........
Program Oversight and Management...................... 20,000 20,000 20,000
C4ISR................................................. 36,600 24,300 24,300
CG-Logistics Information Management System............ 8,500 7,000 7,000
-----------------------------------------------------
Subtotal, Other Acquisition Programs................ 65,100 59,355 59,355
=====================================================
Shore Facilities and Aids to Navigation:
Major Construction, ATON, and Survey and Design....... 124,600 18,100 18,100
Major Acquisition Systems Infrastructure.............. 52,000 28,000 50,000
Minor Shore........................................... 5,000 5,000 5,000
-----------------------------------------------------
Subtotal, Shore Facilities and Aids to Navigation... 181,600 51,100 73,100
=====================================================
Military Housing.......................................... 21,000 ................ ................
=====================================================
Personnel and Related Support:
Direct Personnel Costs................................ 118,069 120,933 120,933
-----------------------------------------------------
Subtotal, Personnel and Related Support............. 118,069 120,933 120,933
=====================================================
Total, Acquisition, Construction, and Improvements.. 1,945,169 1,136,788 1,256,588
----------------------------------------------------------------------------------------------------------------
CAPITAL INVESTMENT PLAN
The Capital Investment Plan is essential for the Committee
to carry out its oversight function of the Coast Guard,
especially at a time when recapitalization of aging assets has
become so critical for the service. All of the information
required by the Committee is in accordance with the Coast
Guard's Major Systems Acquisition Manual and applicable DHS
management directives. The fiscal year 2018-2022 plan is to be
submitted with the fiscal year 2018 congressional budget
justifications.
QUARTERLY ACQUISITION BRIEFINGS
The Coast Guard is to continue quarterly briefings on all
major acquisitions. In addition to the information normally
provided for each asset, these briefings shall include: the top
five risks for each acquisition, if applicable, consistent with
those on the risk watch list in quarterly program management
reports, and if the risks have future budget implications; the
objective for operational hours the Coast Guard expects to
achieve; the gap between that objective, current capabilities,
and stated mission requirements; and how the acquisition of the
specific asset closes the gap. The information presented at
these briefings shall also include a discussion of how the
Coast Guard calculated the operational hours, an explanation on
risks to mission performance associated with the current
shortfall, and the operational strategy to mitigate such risks.
Finally, the briefings are to include a status chart on all
shore construction projects that have not been completed. For
each construction project, the chart is to include the funding
status, design status, and procurement and construction status.
SURVEY AND DESIGN
The bill includes $8,500,000 in support of survey and
design work, of which $6,000,000 is related to the In-Service
Vessel Sustainment [ISVS] project as requested.
The Coast Guard is required by law to maintain a heavy
icebreaking capability on the Great Lakes to assist in keeping
channels and harbors open to navigation in response to the
reasonable demands of commerce to meet the winter shipping
needs of industry. The Committee remains concerned that the
Coast Guard does not possess adequate capacity to meet its
statutorily required icebreaking mission on the Great Lakes,
with negative consequences to the regional and national economy
as well as to the safety of local communities. The Committee
includes $2,000,000 above the request for initial survey and
design work associated with the acquisition of an icebreaker
that is at least as capable as the Mackinaw to enhance
icebreaking capacity on the Great Lakes.
The Committee recognizes how vital preserving icebreaking
capability is to various U.S. interests and, to this end, urges
the Coast Guard to complete the Material Condition Assessment
of the Polar Sea that was funded in fiscal year 2016 and the
Polar Icebreaker Acquisition Program Alternatives Analysis as
quickly as possible.
IN-SERVICE CUTTER SUSTAINMENT
The bill includes $94,000,000 to continue in-service
sustainment efforts for the 140-foot icebreaking tugs, mid-life
service sustainment of the 225-foot ocean-going buoy tender
fleet, the final phase of the service life extension project on
Eagle, and sustainment work on the 47-foot Motor Life Boat
fleet. Given the success of the Mission Effectiveness Projects
and the rehabilitation of the 110-foot patrol boats, the
Reliance-class 210-foot cutters, and the Famous-class 270-foot
cutters at the Coast Guard Yard, the Committee expects the
Coast Guard to direct sustainment work on all aging vessels
there when geographically feasible.
NATIONAL SECURITY CUTTER
The Committee continues to support acquisition of the Coast
Guard's capital ship, the National Security Cutter [NSC]. The
NSC remains the Coast Guard's largest and most technologically
advanced cutter and it is steadily replacing the 378-foot
Hamilton-class High Endurance Cutters commissioned in the late
1960s and early 1970s with dramatically enhanced capabilities.
Unlike legacy cutters, the NSC's advanced C4ISR suite allows it
to operate nearly autonomously, generating and prosecuting its
own targets. This was demonstrated in late 2015 when the
Stratton unloaded over $1,000,000,000 worth of cocaine after
major seizures in the eastern Pacific Ocean against some of the
Coast Guard's most challenging targets--the semi-submersible.
Now, with the absence of the Navy's frigate fleet in the
Caribbean area of responsibility and the eastern Pacific, it is
imperative the Coast Guard maintain a robust, deep water fleet.
In support of this mission, the Committee provides
$95,000,000 for award of long lead time materials [LLTM] for
the tenth NSC, notwithstanding future production and post-
delivery activity costs. The Committee also includes an
additional $3,400,000 for post-delivery activities associated
with production of the ninth NSC.
Recognizing the NSC's value as a cutter able to operate in
the harshest and most challenging environments, the Coast Guard
should strongly consider homeporting an NSC at a Coast Guard
facility that is in close proximity to the United States Arctic
region.
Lastly, the Committee also includes an additional
$30,000,000 to support on-going Structural Enhancement Dry-dock
Availability work on NSCs Bertholf and Waesche.
FULL FUNDING POLICY
The Committee again directs an exception to the
administration's current acquisition policy that requires the
Coast Guard to attain total acquisition cost for a vessel,
including LLTM, production costs, and post-production costs,
before a production contract can be awarded. This has the
potential to create shipbuilding inefficiencies, force delayed
obligation of production funds, and require post-production
funds far in advance of when they will be used. The Department
should be in a position to acquire vessels in the most
efficient manner within the guidelines of strict governance
measures. The Committee expects the administration to adopt a
similar policy for the acquisition of the Offshore Patrol
Cutter [OPC].
OFFSHORE PATROL CUTTER
The recommendation includes $100,000,000, as requested, for
the OPC. The Committee expects to be kept closely apprised of
this program as the next major cutter acquisition and the
Commandant's stated acquisition priority. The Committee is also
aware that the Coast Guard has begun to consider where it will
homeport these vessels and expects that not less than two OPCs
be stationed in Kodiak, Alaska as expeditiously as possible to
address aging asset challenges in the Arctic and Bering Sea
region.
FAST RESPONSE CUTTER
The Committee recommends $325,000,000 for the Coast Guard's
Fast Response Cutter [FRC]. This funding will allow the Coast
Guard to acquire six FRC hulls (37-42) under the phase II FRC
production contract.
POLAR ICEBREAKER RECAPITALIZATION PROJECT
The Committee notes that Coast Guard has made progress in
the last year laying the groundwork for the acquisition of a
new icebreaker. This includes development of a preliminary
mission needs statement and a concept of operations, as well as
the initial technical package, widely-attended industry day,
and one-on-one meetings with builders and systems integrators.
This program needs to move expeditiously, taking into account
the urgent need for such an asset and the capability gaps the
Nation faces in the Arctic and Antarctic.
While a signal of administration support, incremental
funding at the level requested in the fiscal year 2017 budget
request will not meet the urgent national need. To demonstrate
the strong support of the Congress for this program, funds are
provided to support acquisition of the first ship in the Polar
Icebreaker Recapitalization Project in the 2017 Department of
Defense Appropriations Bill under Shipbuilding and Conversion,
Navy. This funding model was utilized with the Coast Guard's
most recent icebreaker acquisition, the Healy.
The recommendation includes a total of $17,600,000 for
Coast Guard program management and direct personnel costs to
support the effort. This includes funds to complete the life
cycle cost estimate, perform required environmental studies,
and continue the relationship with Naval Sea Systems Command.
The Committee directs the Department to work with DOD to submit
a report to the appropriate congressional committees no later
than September 30, 2016, which provides polar icebreaker
requirements, preferred design, overall acquisition strategy,
and a breakout of funds necessary to support the acquisition.
ALASKAN ASSET REPLACEMENT PLAN AND COVERAGE
The Committee is concerned with the Coast Guard's current
asset replacement plans for Alaska. Recent drydocks have
resulted in two Island Class patrol boats being placed in
inactive status with the expectation they will not return to
service, since Coast Guard plans to decommission them in fiscal
year 2017. In the meantime, Coast Guard is scrambling to move
west coast assets to support coverage in Alaska this summer.
In addition, the Committee is concerned that the Coast
Guard's plan for NSC, OPC, and FRC homeporting does not take
into account the strategic location of Alaska as related to the
Arctic and Asia. The Coast Guard shall reevaluate its
homeporting plan for these cutters in Alaska, including
consideration of the condition of current assets being
replaced, and report to the Committee within 90 days of the
date of enactment of this act. This report shall take into
account Alaska's strategic position, increased activity in the
Arctic, including increased tourism, the presence of foreign
assets, and commerce, as well as long term resource
development.
BROMINE-FREE WATER PURIFICATION SYSTEMS
Until recently, most onboard ship water purification
systems used bromine as an antimicrobial. However, bromine is
toxic and requires special HAZMAT handling which is time
consuming and expensive. The Committee urges the U.S. Coast
Guard to follow the U.S. Navy's lead and explore using systems
that eliminate this threat to personnel.
UNMANNED AERIAL SYSTEMS
The Committee is supportive of efforts by the Coast Guard
to equip the NSC fleet with small unmanned aerial systems
[sUAS] and has proactively funded this critical capability. The
domain awareness of the NSC was predicated upon an embarked UAS
and the asset is incomplete without it. The Committee also
understands that the Coast Guard is researching other
capabilities--some under R&D--to support assets such as the FRC
and OPC. The Coast Guard is directed to provide a comprehensive
briefing on all of its UAS-related R&D and acquisition efforts,
including all related DOD efforts it is monitoring, not later
than 30 days after the date of enactment of this act.
INDUCTION OF C-27J AIRCRAFT
Funding is included, as requested, to support the
continuation of the C-27J project. These funds support ongoing
program office needs, aircraft regeneration, and induction, as
well as missionization of two aircraft and the continued stand-
up of the first operational air station.
HC-130J AIRCRAFT
As the Coast Guard continues to recapitalize its fleet on
Long Range Surveillance Aircraft with additional HC-130J
provided by the Congress, it is critical that adequate training
also be provided. Given the demand for these aircraft at their
operational air stations, the Committee provides an additional
$1,000,000 for a Multi-Function Training Aid to support and
accelerate ground-based learning at the Aviation Training
Center. The Coast Guard is directed to report to the Committee
not later than 270 days after the date of enactment of this act
on savings in training costs and other efficiencies.
SHORE FACILITIES AND AIDS TO NAVIGATION
The Committee recommends $73,100,000 for shore facilities
and aids to navigation, which is $22,000,000 above the request.
This increase represents funds provided in advance for shore
side and waterfront planning and related surveys to support
current and future vessel operations in Kodiak.
AC&I PERSONNEL
The Committee provides $120,933,000 for personnel and
related support, as requested.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Appropriations, 2016.................................... $18,019,000
Budget estimate, 2017................................... 18,319,000
Committee recommendation................................ 36,819,000
The Coast Guard's R&D program develops techniques, methods,
hardware, and systems that directly contribute to increasing
the productivity and effectiveness of the Coast Guard's
operating missions. This account provides funds to operate and
maintain the Coast Guard Research and Development Center.
COMMITTEE RECOMMENDATIONS
The Committee recommends $36,819,000 for the Coast Guard's
Research, Development, Test, and Evaluation activities. This is
$18,500,000 above the amount requested and $18,800,000 above
the amount provided in fiscal year 2016.
As the Department continues to examine the costs and
benefits provided by UAS, particularly for intelligence,
surveillance and reconnaissance [ISR], new capabilities
continue to come available that alter its analysis.
Specifically, a UAS with longer loiter times could prove a more
cost-effective platform than manned flights particularly for
ISR missions. To better examine cost-savings and operational
utility, the Committee recommends $18,000,000 to test and
evaluate the use of ultra-long endurance UAS in support of the
Department's UAS needs, particularly for ISR in the source and
transit zones. The Coast Guard is further directed to work in
close collaboration with S&T and in conjunction with CBP.
In addition, the recommended level includes not less than
$500,000 for a pilot program to demonstrate the feasibility of
using modern combat optics and related aiming devices on Coast
Guard small arms. The Coast Guard will brief the Committee on
the status of this research not later than 270 days after the
date of enactment of this act.
RETIRED PAY
Appropriations, 2016.................................... $1,604,000,000
Budget estimate, 2017................................... 1,666,940,000
Committee recommendation................................ 1,666,940,000
This account provides for the retired pay of military
personnel of the Coast Guard and Coast Guard Reserve, members
of the former Lighthouse Service, and for annuities payable to
beneficiaries of retired military personnel under the retired
serviceman's family protection plan (10 U.S.C. 1431-1446) and
survivor benefit plan (10 U.S.C. 1447-1455); payments for
career status bonuses under the National Defense Authorization
Act; and payments for medical care of retired personnel and
their dependents under the Dependents Medical Care Act (10
U.S.C., ch. 55).
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,666,940,000 for Retired Pay.
This is the same amount as requested and $62,940,000 above the
amount provided in fiscal year 2016.
United States Secret Service
SALARIES AND EXPENSES
Appropriations, 2016.................................... $1,854,526,000
Budget estimate, 2017................................... 1,802,109,000
Committee recommendation................................ 1,802,109,000
The United States Secret Service's Salaries and Expenses
appropriation provides funds for the security of the President,
the Vice President, and other dignitaries and designated
individuals; for enforcement of laws relating to obligations
and securities of the United States and laws relating to
financial crimes, that include, but are not limited to, access
device fraud, financial institution fraud, identity theft, and
computer fraud; computer-based attacks on financial, banking,
and telecommunications infrastructure; and for protection of
the White House and other buildings within the Washington, DC,
metropolitan area. The agency also provides support for
investigations related to missing and exploited children.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,802,109,000 for Salaries and
Expenses. This is equal to the amount requested and $52,417,000
below the amount provided in fiscal year 2016 to account for
non-recurring costs from the Presidential campaign. As
requested in the budget, the bill includes modified language
regarding payment of subsistence expenses for Secret Service
personnel who are temporarily impeded from returning home at
the end of their shift due to severe weather or other natural
or manmade events and thus must remain on extended duty at
their designated post of duty. This is new authority, and the
Committee expects a detailed briefing not later than 180 days
after the date of enactment of this act on the use and cost
implications of this new pay authority.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
UNITED STATES SECRET SERVICE--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Protection:
Protection of persons and facilities.................. 911,480 1,006,054 991,054
Protective intelligence activities.................... 70,967 72,413 72,413
National Special Security Event Fund.................. 4,500 4,500 4,500
Presidential candidate nominee protection............. 203,687 72,134 72,134
-----------------------------------------------------
Subtotal, Protection................................ 1,190,634 1,155,101 1,140,101
=====================================================
Investigations:
Domestic field operations............................. 336,911 347,653 356,653
International field office administration, operations, 31,378 34,572 34,572
and training.........................................
Support for missing and exploited children............ 8,366 2,366 8,366
-----------------------------------------------------
Subtotal, Investigations............................ 376,655 384,591 399,591
=====================================================
Headquarters, management, and administration.............. 231,706 203,799 203,799
Rowley Training Center.................................... 54,474 57,533 57,533
Information Integration and Technology Transformation..... 1,057 1,085 1,085
-----------------------------------------------------
Total, Salaries and expenses........................ 1,854,526 1,802,109 1,802,109
----------------------------------------------------------------------------------------------------------------
SECRET SERVICE ACTIVITIES
The Committee recommends $1,140,101,000 for protection of
persons and facilities of which $72,134,000, as requested, is
to provide protection for the conclusion of the 2016
Presidential campaign, including campaign protective vehicles
and communications technology. The Committee also fully funds
the Protective Intelligence Division.
Accounting for reductions associated with non-recurring
Presidential Campaign Protection support costs, the Secret
Service is funded above the fiscal year 2016 enacted level by
$81,020,000. Put another way, the Secret Service has retained
62 percent of what were expected to be one-time, non-recurring
costs.
While the Committee continues robust funding of the Secret
Service, it remains concerned about the limited spending detail
provided in its annual budget justifications. The Committee
will continue to work with the Secret Service to ensure the
budget submission provides the appropriate level of detail that
would make for a more robust justification.
ADEQUATELY STAFFING THE SECRET SERVICE
Recognizing that considerable progress remains, the
Committee notes the Secret Service's significant achievements
made in the past fiscal year. During late 2015, the Secret
Service, among other events, simultaneously planned for and
secured the papal visit of Pope Francis to Washington, DC, New
York City, and Philadelphia and the 70th convening of the
United Nations General Assembly [UNGA] in New York City. During
UNGA, in particular, Secret Service assigned thousands of
agents and law enforcement personnel from around the country,
successfully protecting over 200 world leaders and their
spouses through cooperation with numerous DHS components. The
papal visit, furthermore, entailed screening an estimated
130,000 people in Washington, DC; over 1 million people in
Philadelphia; and over 200,000 in New York. The pace of
operations created by these two events continued into 2016 with
a Nuclear Security Summit, which was attended by 32 heads of
state or government, all while the Secret Service continued
supporting a Presidential Campaign cycle. The uneventful stay
and safe departure of these protectees throughout these events
and others is the core metric by which the Service should be
measured.
Against this positive backdrop, though, the Committee
continues to have concerns with the administration's requested
resources for the Secret Service. The administration has again
significantly underfunded its budget for Permanent Change of
Station costs, reducing the Service's personnel flexibility.
Conversely, the requirement for 1,250,000 hours of overtime in
fiscal year 2017, while funded, highlights lingering staffing
challenges.
As the Secret Service looks to recover in fiscal year 2017,
it should be noted that the agency is on track to graduate
significant numbers of personnel through the Federal Law
Enforcement Training Center [FLETC]--so much so that training
has expanded past the capacity of FLETC's Glynco, GA campus
into the agency's Artesia, NM campus. The pace continues in
fiscal year 2017, and the Committee fully funds the nearly 20
special agent and uniformed division classes the Secret Service
seeks to train. Still, the fiscal year 2017 budget request does
retain remnants of known hiring deficiencies from fiscal year
2016, and the Committee has redirected un-executable funds
elsewhere in the Secret Service budget.
IMPLEMENTATION OF THE PROTECTIVE MISSION PANEL FINDINGS
Included in its fiscal year 2017 budget request is
$37,636,000 in continued funding associated with the United
States Secret Service Protective Mission Panel [Panel], now
largely folded into existing programs referred to as
``Protective Mission Enhancements''. The Committee takes these
recommendations seriously, providing $147,000,000 above the
President's budget request over the last three fiscal years.
Consistent with the budget request, many of these enhancements
will now be described in other portions of this report,
including within staffing, acquisitions, and the Office of
Mission Support [OMS].
In addition to robust funding, the Secret Service has
proposed legislative changes to increase retention efforts and
reward those who remain with the agency, particularly during
the brutal pace of an election campaign. The Committee
encourages the appropriate authorizing committees to give
thoughtful consideration to those proposals.
OFFICE OF MISSION SUPPORT EFFORTS
OMS underpins almost every protective measure under the
purview of the Secret Service from the screening of people and
vehicles to physical infrastructure improvements. These
improvements have included installing hundreds of additional
cameras at the White House Complex, new crash-rated vehicle
barriers, and safer, more hospitable officer booths.
Concurrently, OMS is responsible for maintaining many of the IT
and infrastructure backbones that connect all of this equipment
but may be overlooked, from underground conduits to fiber optic
cables.
As noted previously, the Secret's Service funding reduction
in Protection of Persons and Facilities from fiscal year 2016
to fiscal year 2017 does not fully account for the expected
loss of one-time costs associated with the Presidential
campaign. Some of those one-time costs were ultimately retained
to bolster OMS and while the Committee supports this
recommendation and provides for these investments, the
Committee is also concerned about an ambitious hiring schedule
and OMS' ability to recruit and hire difficult-to-fill
technical positions. The Secret Service is directed, not later
than 180 days after the date of enactment of this act, to
provide an update on hiring within OMS and any existing
vacancies, particularly in highly technical roles.
DOMESTIC FIELD OFFICE STRUCTURE
In report GAO-16-288, GAO noted that the Secret Service
does not have reliable salary or benefits cost data for each of
its offices, which in turn does not allow the Secret Service to
make the most accurate decisions about the geographic locations
and staffing levels for those offices. The Secret Service is
encouraged to consult with GAO and the Office of Personnel
Management on the best way to utilize the metrics it already
collects to conduct a comparative cost and performance analysis
of its domestic field offices to include the cost of agent
travel. The Secret Service shall brief the Committee on its
progress in addressing GAO's recommendations not later than 30
days after the date of enactment of this act.
STATE AND LOCAL CYBERCRIME TRAINING
For fiscal year 2017, the Committee recommends $13,869,000
in continued support of the National Computer Forensics
Institute [NCFI] which trains State and local law enforcement
and legal and judicial professionals in computer forensics and
cyber investigations. This training is critical to bolster
State and local cyber resources while similarly acting to
support the Secret Service's Electronic Crimes Task Forces.
Since opening in 2008, more than 4,800 State and local
officials, including more than 3,200 police investigators,
1,300 prosecutors, and 350 judges from all 50 States and three
U.S. territories have been trained through NCFI.
CYBER INVESTIGATIONS
From fiscal year 2011 through the first half of fiscal year
2016, the Secret Service has arrested 3,755 individuals
domestically, and 1,519 additional individuals overseas, in
conjunction with Secret Service foreign law enforcement
partners. During this same time period, the Secret Service
prevented over $5.4 billion in fraud loss and identified
approximately $1.3 billion in actual fraud loss in cybercrime
investigations.
Since the Congress passed the Comprehensive Crime Control
Act of 1984, the Secret Service has arrested over 29,000 cyber
criminals who in aggregate were responsible for over $3.3
billion in fraud loss and $38 billion in potential fraud loss
as of March 2016. Since fiscal year 2014, the agency's
proactive approach to cyber law enforcement is credited with
responding or making notifications to over 780 potential victim
companies preventing billions of dollars in losses. To that
end, the Secret Service continues to train newly hired agents
in basic investigation of computers and electronic crimes.
Through the Critical Systems Protection [CSP] program, the
Secret Service also detects and mitigates cyber-attacks to
critical systems and infrastructure that could adversely affect
the implementation of the Secret Service-led security plans.
Since fiscal year 2014, the CSP program has conducted 452
advances in direct support of protective operations, which
includes: 265 for the President; 164 for the Vice President; 8
for National Special Security Events [NSSE]; and 15 for
visiting foreign heads of state and government.
NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN
The National Center for Missing and Exploited Children
[NCMEC] was created in 1984 to serve as the Nation's resource
on missing and sexually exploited children. The Secret Service
has provided grant funding to NCMEC since 1997 and currently
provides about 18 percent of its Federal funding including
staff analysts in the Exploited Children Division, the entire
Age Progression Unit, and numerous other outreach and
prevention programs. The Secret Service also directly supports
NCMEC with forensic, technical, and investigative support. In
fiscal year 2015, the Secret Service, in its independent
support of missing and exploited children investigations,
opened 77 cases that resulted in 73 arrests, conducted 258
polygraph examinations, and completed 137 forensic and computer
examinations.
For fiscal year 2017, the Committee recommends $6,000,000
for grants in support of missing and exploited children and
expects the Secret Service to sustain forensic support at the
fiscal year 2016 level of $2,366,000.
NATIONAL SPECIAL SECURITY EVENTS
The Committee recommends $4,500,000, as requested, for
support to currently planned and unanticipated NSSEs for fiscal
year 2017. The Committee directs the Secret Service to provide
semiannual briefings on the use of these funds, with the first
briefing to occur not later than March 31, 2017. Also included
in the bill is a general provision that states that none of the
funds in this act may be used to reimburse any Federal
department or agency for its participation in an NSSE.
STRATEGIC HUMAN CAPITAL PLAN
The Committee directs that not later than 60 days after the
date of enactment of this act, the Secret Service provide an
update, in the form of a briefing, on changes to its 2015
through 2019 strategic human capital plan. The briefing shall
address how the Secret Service is progressing against hiring
goals laid-out in that plan and also address the annual cost
and participation of various hiring and retention initiatives,
such as the Uniformed Division Retention Bonus.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2016.................................... $79,019,000
Budget estimate, 2017................................... 89,010,000
Committee recommendation................................ 89,010,000
This appropriation provides funding for security upgrades
of existing facilities; for information integration and
technology transformation [IITT]; to continue development of
the current master plan; to maintain and renovate existing
facilities, including the James J. Rowley Training Center
[Center]; and to ensure efficient and full utilization of the
Center.
COMMITTEE RECOMMENDATIONS
The Committee recommends $89,010,000 for infrastructure
improvements, IITT, and other activities. This is $9,991,000
above the amount provided in fiscal year 2016. Of this amount,
$5,557,000 is for facilities, $38,216,000 is for the Protection
of Persons and Facilities, and $45,237,000 is for IITT.
The Committee directs that not less than $27,200,000 be
made available for radio upgrades. In 2016, the OIG noted that
continued use of the Secret Service's outdated radio
communications systems ``may negatively impact . . . protective
operations'', which is unacceptable. The Committee also fully
funds the acquisition and production costs associated with the
Next Generation Presidential Limousine, although the Committee
requires additional detail on the program in future budget
submissions.
The Secret Service is directed to brief the Committee no
later than 90 days after the date of enactment of this act,
which includes a multiyear investment and management plan, for
its IITT program for fiscal years 2017 through 2019.
James J. Rowley Training Center
The Committee recommends $5,557,000 for improvements and
construction at the Center. This funding supports significant
investments made by the Committee in fiscal year 2016,
including renovations to shoot houses and ranges, design and
construction of a new canine kennel, and exploratory funds
associated with the White House Mock-Up. All of this funding
will be critical to the Secret Service as they seek to hire
significant numbers of personnel--many of whom will matriculate
through the Beltsville, MD facility.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
The National Protection and Programs Directorate [NPPD]
aims to foster better integration of national approaches
between strategic homeland security programs, facilitate
infrastructure protection, ensure broad emergency
communications capabilities, and ensure the protection of
Federal buildings and facilities.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
NATIONAL PROTECTION AND PROGRAMS DIRECTORATE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration............................. 62,132 62,077 56,536
Infrastructure Protection and Information Security:
Infrastructure Protection............................. 273,409 256,240 257,019
Cybersecurity......................................... 818,749 1,057,543 1,004,901
Communications........................................ 198,842 212,908 212,792
-----------------------------------------------------
Subtotal, Infrastructure Protection and Information 1,291,000 1,526,691 1,474,712
Security...........................................
=====================================================
Federal Protective Service................................ 1,443,449 1,451,078 1,451,078
Office of Biometric Identity Management\1\................ 282,473 ................ 287,149
...........
-----------------------------------------------------
Total, National Protection and Programs Directorate 3,079,054 3,039,846 3,269,475
(gross)............................................
=====================================================
Offsetting fee collections................................ -1,443,449 -1,451,078 -1,451,078
-----------------------------------------------------
Total, National Protection and Programs Directorate 1,635,605 1,588,768 1,818,397
(net)..............................................
----------------------------------------------------------------------------------------------------------------
\1\The request proposes funding for OBIM in CBP.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2016.................................... $62,132,000
Budget estimate, 2017................................... 62,077,000
Committee recommendation................................ 56,536,000
This account funds salaries and expenses for the Office of
the Under Secretary, which oversees all activities of NPPD.
This account also funds business operations and information
technology support services.
COMMITTEE RECOMMENDATIONS
The Committee recommends $56,536,000 for Management and
Administration, $5,541,000 below the amount requested and
$5,596,000 below the amount provided in fiscal year 2016. Of
the total amount recommended for Management and Administration,
$2,523,000 is a result of the denied transfer of OBIM to CBP.
Further, reductions are recommended to account for current
hiring efforts which are slower than anticipated.
REORGANIZATION AND HUMAN CAPITAL MANAGEMENT
Critical infrastructure protection, cybersecurity and
securing the dot-gov domain, protecting Federal facilities, and
managing key policy domains such as biometrics are NPPD's
critical mission areas within the Department. NPPD, as one of
the youngest components in the Department, continues to hone
its mission and also struggle with how to deliver that mission
by continually evaluating potential reorganizations. While
organizational development in a changing threat environment has
challenges, consistent realignment of resources has led to
confusion and churn among NPPD partners and stakeholders,
including the Congress. Fortunately, despite the churn in
headquarters, many of the hardworking men and women of the
Directorate remain committed to the core missions and have not
allowed critical programs to falter. However, NPPD and the
authorizing committees of jurisdiction must work together to
settle on an organizational structure and improve mission
clarity in order to deliver on substantial taxpayer
investments.
While marginal progress has been made in the past 12
months, NPPD proposed a budget for fiscal year 2017 with
unrealistically optimistic staffing levels. In fiscal year
2016, the level provided assumed funding for 1,792 FTE, not
including the Federal Protective Service [FPS]. Despite
projections to have only 1,760 FTE hired by the end of fiscal
year 2016, the current budget submissions includes a request of
2,289 FTE. Therefore, the Committee recommends appropriate
adjustments and a budget right-sized for NPPD's hiring and
attrition.
FACILITIES MANAGEMENT
The Committee is concerned that while many components have
a clear strategic way forward for housing the Federal
workforce, NPPD does not. NPPD, in conjunction with DHS, is
directed to brief the Committee not later than 45 days after
the date of enactment of this act on the 5-year plan for
ensuring appropriate office space and otherwise supporting
headquarters, regional, and field staff. The plan shall ensure
that the headquarters staff is appropriately consolidated and
that whenever possible the regional offices are collocated with
other components to maximize mission collaboration.
COMPONENT COLLABORATION
The role of NPPD within the Department is vital to the
overall mission, and priorities must be focused, coordinated,
and consistent. Much of the NPPD mission crosses multiple
directorates within the Department, particularly with FEMA. The
Committee maintains an interest in maximizing the efforts of
FEMA and NPPD through close coordination and information
sharing. The Committee expects FEMA and NPPD to jointly brief
on continued collaboration, with other components as
appropriate, starting no later than 90 days after the date of
enactment of this act, and continuing quarterly throughout the
fiscal year. Briefs shall detail how the components work
together on stakeholder outreach and sharing information
internally on issues such as critical infrastructure
protection, supporting event response, coordination of
emergency communications, cybersecurity strategy and policies,
sector-specific issues, and sharing of best practices.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
Appropriations, 2016.................................... $1,291,000,000
Budget estimate, 2017................................... 1,526,691,000
Committee recommendation................................ 1,474,712,000
Infrastructure Protection and Information Security [IPIS]
programs assist the entities and people responsible for
securing the Nation's critical infrastructure assets. In
addition, IPIS supports collaborative efforts with State,
local, public, private, and international entities to secure
cyber-space and U.S. cyber-assets, and reduce the vulnerability
of the Nation's telecommunications and information technology
infrastructures.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$1,474,712,000 for Infrastructure Protection and Information
Security programs, $51,979,000 below the amount requested and
$183,712,000 above the amount provided in fiscal year 2016. The
following table summarizes the Committee's recommendations as
compared to the fiscal year 2016 and budget request levels:
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Infrastructure Protection and Information Security:
Infrastructure Protection:
Infrastructure Analysis and Planning.............. 75,010 56,342 73,814
Sector Management and Governance.................. 70,848 64,972 61,084
Regional Field Operations......................... 49,151 56,259 49,790
Infrastructure Security Compliance................ 78,400 78,667 72,331
-----------------------------------------------------
Subtotal, Infrastructure Protection............. 273,409 256,240 257,019
=====================================================
Cybersecurity and Communications:
Cybersecurity:
Cybersecurity Coordination........................ 4,434 4,337 4,337
US-Computer Emergency Readiness Team [US-CERT] 94,485 128,850 117,042
Operations.......................................
Federal Network Security.......................... 136,055 315,760 281,543
Network Security Deployment....................... 475,822 486,105 480,489
Global Cybersecurity Management................... 26,702 16,487 23,749
Critical Infrastructure Cyber Protection and 74,229 99,443 91,180
Awareness........................................
Business Operations............................... 7,022 6,561 6,561
-----------------------------------------------------
Subtotal, Cybersecurity......................... 818,749 1,057,543 1,004,901
=====================================================
Communications:
Office of Emergency Communications................ 34,205 32,680 33,860
Priority Telecommunications Services.............. 63,095 63,957 63,957
Next Generation Networks.......................... 80,384 89,780 89,780
Programs to Study and Enhance Telecommunications.. 10,334 10,221 10,221
Critical Infrastructure Protection Programs....... 10,824 16,270 14,974
-----------------------------------------------------
Subtotal, Communications........................ 198,842 212,908 212,792
-----------------------------------------------------
Subtotal, Cybersecurity and Communications.......... 1,017,591 1,270,451 1,217,693
-----------------------------------------------------
Total, Infrastructure Protection and Information 1,291,000 1,526,691 1,474,712
Security...........................................
----------------------------------------------------------------------------------------------------------------
INFRASTRUCTURE PROTECTION
The Committee recommends $257,019,000 for Infrastructure
Protection [IP], $779,000 above the amount requested and
$16,390,000 below the amount provided in fiscal year 2016. Of
the total amount recommended, $1,157,000, half the amount
requested, is for additional Protective Security Advisors [PSA]
since it is unlikely all positions will be filled by the end of
the year. If increases to the PSA or corresponding
Cybersecurity Advisor cadres are to be proposed in future
budgets, NPPD is directed to concurrently submit strategic
documentation justifying such requests. Furthermore, the
$2,000,000 requested increase for the National Infrastructure
Coordinating Center is denied due to lack of satisfactory
justification. Additional reductions are recommended to account
for current hiring efforts which are slower than anticipated.
NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER
Of the total amount recommended for Infrastructure
Protection, not less than $18,650,000, the same amount as
provided in fiscal year 2016, is for the National
Infrastructure Simulation and Analysis Center [NISAC]. NISAC is
key to understanding the impact and cascading effects of
infrastructure failures and disruptions. The Committee
recognizes the important mission of NISAC, and also encourages
NPPD to ensure the Center remains mission-focused with a vision
toward the future and ability to highlight return on
investment.
BOMBING PREVENTION
The Committee recommends $14,263,000 for the Office of
Bombing Prevention [OBP], including salaries and benefits. The
recommended level is the same as fiscal year 2016 and is
included in NPPD despite funds being requested within a new
CBRNE Office, as it is not yet authorized by the Congress. This
funding will sustain needed training, information sharing, and
awareness for State, local, and private sector entities
regarding how terrorists use explosives, in addition to needed
analysis of counter-explosives requirements, capabilities, and
gaps. The Committee is aware of OBP's efforts to work with the
National Guard on training and encourages the office to analyze
efficiencies that could be gained through coordination with the
National Guard mission.
CHEMICAL SECURITY
The Committee recommends $72,331,000 for Infrastructure
Security Compliance, $6,336,000 below the request and
$6,069,000 below the amount provided in fiscal year 2016.
Reductions are recommended to account for current hiring
efforts which are slower than anticipated. These funds support
the Chemical Facility Anti-Terrorism Standard program which
secures the Nation's high-risk chemical facilities through
regulation, inspection, and enforcement. As requested, no funds
are provided for the Ammonium Nitrate Security Program. The
Committee encourages NPPD to continue working with stakeholders
that manufacture, sell, and transport explosive precursor
chemicals to achieve the objectives of the ammonium nitrate
rulemaking process taking into consideration the costs and
benefits of any recommendations.
INTERAGENCY SECURITY COMMITTEE
Through the Interagency Security Committee [ISC], DHS
enables the protection of non-military buildings and facilities
owned or leased by the Federal Government. The ISC is chaired
by the Assistant Secretary for Infrastructure Protection and
develops security standards and best practices for carrying-out
this mission. Compliance with these standards can help prevent
incidents like the 2014 arson at the Chicago Air Route Control
Center which crippled air traffic in the Chicago area for 3
weeks. Within 180 days of the date of enactment of this act,
DHS shall brief the Committee on primary agency member
compliance with the latest ISC security standards and those
agencies which are not in compliance.
CYBERSECURITY
The Committee recommends $1,004,901,000 for Cybersecurity
programs, $52,642,000 below the budget request and $186,152,000
above the fiscal year 2016 level. This recommendation includes
many of the requested increases above fiscal year 2016 funding
levels to enhance the Federal cybersecurity posture through
mitigation, prevention, and response. Of the amount requested,
half of the $5,006,000 proposed increase for Industrial Control
Systems-Computer Emergency Readiness Teams [CERT] Training and
Assessments is recommended, and further reductions from the
request are included to account for budget constraints and
current hiring efforts which are slower than anticipated.
NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION CENTER
The Committee remains committed to ensuring efforts within
the National Cybersecurity and Communications Integration
Center [NCCIC] include metrics throughout programs and
processes such as: properly scaling operations, particularly in
regard to engagement with stakeholders; implementing policies
and procedures to provide technical assistance in conjunction
with US-CERT to Federal civilian agencies to prevent and
respond to data breaches, including those involving
unauthorized access to personally identifiable information; and
improving the threat indicator process to better align
information with action.
The NCCIC is partially funded from multiple PPAs across
NPPD and the Committee appreciates the increased visibility
into the accounts which comprise NCCIC funding. In fiscal year
2016, the NCCIC received $155,358,000 and the fiscal year 2017
request includes $212,602,000. Many PPAs have been reduced for
current hiring efforts which are slower than anticipated, but
the Committee supports the intent behind the proposed NCCIC
staffing plan and encourages NPPD to support it as practicable.
U.S. COMPUTER EMERGENCY READINESS TEAMS
Of the total amount for cybersecurity, the Committee
recommends $117,042,000 for US-CERT, $11,808,000 below the
request and $22,557,000 above the fiscal year 2016 level.
Increases partially support requested funding for the NCCIC
staffing plan and reductions are recommended to account for
current hiring efforts which are slower than anticipated. US-
CERT assists government agencies and private sector companies
in protecting their IT systems against emerging cyber threats,
vulnerabilities, or incidents. US-CERT also conducts
vulnerability and malware analysis and support forensic
investigations.
FEDERAL NETWORK SECURITY
Of the total amount for cybersecurity, the Committee
recommends $281,543,000 for Federal Network Security,
$34,217,000 below the request and $145,488,000 above fiscal
year 2016. Included in this funding is $246,632,000 for
continuous diagnostics and mitigation [CDM] for the civilian
Federal computer network to detect malicious activity on
government networks. Through the CDM program, NPPD provides
Federal civilian agencies with tools and services to identify
network security issues. CDM provides each agency with detailed
information into specific, prioritized risks through the use of
dashboards. The amount recommended will allow for the
acceleration and availability of CDM and expand the
capabilities across most of the entire civilian Federal domain,
evolving beyond network protections to include data
protections. This will significantly enhance the data
protection capabilities of departments and agencies.
Recommended funding supports full implementation of CDM Phases
1-3 and $81,831,000 of the $110,000,000 requested toward Phase
4. While the Committee fully supports the CDM mission, the
reduction in Phase 4 is due to scalability and fiscal
constraints.
Due to the ever-changing cybersecurity landscape and
increased vulnerabilities to sensitive data, the Committee
agrees with CDM's programmatic strategy to evolve beyond
network protections and include data protections. The Committee
expects these new CDM capabilities, to include digital rights
management, micro-segmentation, data masking, encryption and
decryption, and mobile device management, will be accelerated
and incorporated into future phases of CDM development.
The Committee also notes NPPD's efforts to provide
solutions to the most pressing information security challenges
through the Information Systems Security Line of Business. The
Committee expects NPPD to continue engaging civilian
departments and agencies regarding this effort.
As directed through previous appropriations acts, each
participating department and agency must continue to plan and
budget for security needs consistent with current law and
policies as well as emerging threats and needs. NPPD shall
provide its expertise and capabilities to supplement, but not
supplant, the budget and responsibilities of other agencies.
NETWORK SECURITY DEPLOYMENT
Of the total amount for cybersecurity, the Committee
recommends $480,489,000 for Network Security Deployment which
includes the National Cybersecurity Protection System [NCPS],
known as Einstein. The recommended amount is $4,667,000 above
fiscal year 2016 and $5,616,000 below the request due to
delayed hiring. NCPS will allow NPPD continued deployment of
new intrusion prevention, information sharing, and analytic
capabilities across the Federal civilian departments and
agencies to enhance protection from cyber threats. The Einstein
system was deployed in 2004 and has been upgraded in stages to
address the evolving threat through technological advances. As
of February 2016, approximately 33 Federal agencies,
representing half of the dot-gov user population receive
Einstein-3 services, and 96 percent receive basic Einstein
support. In addition to the core mission of NCPS, the Committee
supports efforts through the Shared Cybersecurity Services
Program to expand the threat intelligence data sources
available for civilian Federal agencies as well as critical
infrastructure partners.
GLOBAL CYBERSECURITY MANAGEMENT
The Committee recommends $23,749,000 for Global
Cybersecurity Management, of which no less than $14,179,000 is
for cybersecurity education. Of the amount provided for
cybersecurity education, the Committee rejects the proposed
reduction to the Cybersecurity Education and Training
Assessment Program. For the third consecutive year, the
administration's ill-advised severe reductions to funding for
cybersecurity education are denied due to a lack of a clear
transition plan for this critical effort. Due to the importance
of the Software Assurance Program, the Committee again rejects
the proposal to eliminate funds for the program and includes
$1,679,000, the same as provided in fiscal year 2016.
The Committee is concerned about the ability of rural
States to train the upcoming workforce to meet future
cybersecurity threats, including the need to prevent systems in
these regions from being domains for intrusion by hostile or
foreign interests. Some of these rural States have limited
options for cyber-education, training, and research. As future
priorities for cybersecurity education are evaluated, the
Committee directs NPPD to continue considering education
providers that specialize in the delivery of nationally
recognized onsite and Internet-based education programs.
Programs focusing on issues such as creation of new and updated
curricula, development of simulation and animation delivery of
degree program training and education, workforce development,
and creation of mentorship and technician-level research
opportunities will broaden the appeal of cybersecurity
education programs nationwide.
INTRUSIONS OF INFORMATION SYSTEMS AND CRITICAL INFRASTRUCTURE
In a time of increasing cyber-threats, the Nation must
ensure the critical infrastructure, which the Department has
already identified as being at great risk in the event of a
cyber-attack, is protected from causing catastrophic harm.
NPPD, in coordination with other appropriate sector-specific
agencies, shall identify the number and sophistication of
successful intrusions of information systems essential to the
operation of critical infrastructure identified pursuant to
Section 9(a) of Executive Order 13636 of February 12, 2013.
Furthermore, NPPD, in coordination with other sector-specific
agencies, shall evaluate options for significantly reducing the
likelihood that a single cyber-attack could reasonably result
in catastrophic harm to public health or safety, economic
security, or national security. An initial briefing outlining
the strategy for this assessment shall be provided within 180
days of the date of enactment of this act with a final report
due by the end of fiscal year 2017.
STATE AND LOCAL CYBERSECURITY SUPPORT
The Committee recognizes the vulnerabilities of State and
local government to cyber-attacks. Within 120 days of the date
of enactment of this act, NPPD shall brief the Committee on the
types of assistance, including technical and formal ongoing
engagement, available to State and local governments, including
law enforcement agencies, for the purpose of protecting their
own networks. The Department shall also further work to include
State and local law enforcement agencies in the National
Cybersecurity Review, and continue to raise awareness among
these agencies on the need to strengthen their own cyber-
defenses and on the resources available for such purposes.
EMERGENCY COMMUNICATIONS
Of the total amount recommended, $33,860,000 is for the
Office of Emergency Communications [OEC], $1,180,000 above the
amount requested, and $345,000 below the fiscal year 2016
level. Of the total amount provided for OEC, $2,000,000 shall
be used to continue those projects aiding in the development of
the National Emergency Communications Plan. Reductions to the
request are due to slower than anticipated hiring.
FEDERAL PROTECTIVE SERVICE
Appropriations, 2016.................................... $1,443,449,000
Budget estimate, 2017................................... 1,451,078,000
Committee recommendation................................ 1,451,078,000
The Federal Protective Service [FPS] is responsible for the
security and protection of Federal property under the control
of the General Services Administration [GSA]; and for the
enforcement of laws for the protection of persons and property,
the prevention of breaches of peace, and enforcement of any
rules and regulations made and promulgated by the GSA
Administrator and/or the Secretary. The FPS authority can also
be extended by agreement to any area with a significant Federal
interest. The FPS account provides funds for the salaries,
benefits, travel, training, and other expenses of the program,
offset by collections paid by GSA tenants and credited to the
account.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,451,078,000, as requested, for
salaries and expenses of the Federal Protective Service for
fiscal year 2017. This amount is fully offset by collections of
security fees.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
FEDERAL PROTECTIVE SERVICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Basic security............................................ 275,763 290,669 290,669
Building-specific Security................................ 665,121 647,843 647,843
Reimbursable Security Fees (Contract Guard Services)...... 502,565 512,566 512,566
-----------------------------------------------------
Total, Federal Protective Service................... 1,443,449 1,451,078 1,451,078
=====================================================
Offsetting Fee Collections................................ -1,443,449 -1,451,078 -1,451,078
----------------------------------------------------------------------------------------------------------------
For several years now, the Committee has included a
provision requiring a strategic human capital plan. The
requirement is meant to allow FPS to utilize data to help
manage risk-based resource allocation efforts and the Committee
will continue following progress as FPS moves toward
implementation.
In OIG-16-02, the DHS OIG found that FPS is not effectively
managing its vehicle fleet. Issues included a lack of
justification that the current fleet is necessary to perform
the mission; more vehicles than officers; the addition of
discretionary equipment; home-to-work miles; and the allocation
of administrative vehicles. The Committee directs FPS to
implement all recommendations of the OIG report without delay.
OFFICE OF BIOMETRIC IDENTITY MANAGEMENT
Appropriations, 2016.................................... $282,473,000
Budget estimate, 2017\1\................................................
Committee recommendation................................ 287,149,000
\1\The budget request proposes to fund OBIM in CBP at $305,536,000.
---------------------------------------------------------------------------
MISSION
The mission of OBIM is to collect, maintain, and share
biometric data with authorized DHS, Federal, State, tribal, and
local law enforcement agencies, and strategic foreign partners.
As the agency responsible for maintaining the Automated
Biometric Identification System [IDENT] and a biometric center
of expertise, OBIM provides an invaluable capability to ensure
national security, public safety, and the integrity of the
Nation's immigration system. OBIM is charged with fostering
full interoperability and real-time data sharing among the
Homeland Security, Justice, and Defense Departments' biometric
identity management systems. OBIM also must ensure that
biometrics can be used to link associated biographic
information such that individuals can be uniquely identified,
serving its customers' security, facilitation, and customer
service needs.
COMMITTEE RECOMMENDATION
The Committee recommends $287,149,000 for OBIM. This is
$18,387,000 below the request within CBP and $4,676,000 above
the amount provided in fiscal year 2016. In the absence of
appropriate authorizing legislation, the requested transfer of
OBIM to CBP is denied. Of the total amount available, the
Committee expects OBIM to allocate not less than $52,800,000
for Increment 2 of the Homeland Advanced Recognition Technology
[HART], the successor system to IDENT. This recommendation
includes funding for the planning, acquisition, and maintenance
for Increment 2 of the new system, and assumes an additional
$8,000,000 from recoveries is available. Only half of the
requested $12,500,000 for operations and maintenance is
recommended due to contracting delays. OBIM is directed to find
cost savings across all phases as system construction begins,
ensure measurable performance metrics are built-in to ensure
proper assessment of the new system, and include this
information in briefings for the Committee.
SEMIANNUAL BRIEFINGS
OBIM is directed to continue briefing the Committee on a
semiannual basis on its workload and service levels, staffing,
modernization efforts, and other operations.
FOCUSED CUSTOMER SERVICE
As development of the HART system continues, OBIM is
expected to maintain strong coordination with DHS components
such as TSA and CBP as well as interagency partners like DOD.
Sustained coordination will allow a focus on customer needs in
the new system and ongoing biometric policies. OBIM shall
incorporate the latest, proven biometric technology--including
advances in facial recognition technology--in its ongoing
enhancements to the new system and ensure the needs of
stakeholders are addressed. OBIM shall also work with DOD to
include implementing interim solutions to expand interagency
biometric data-sharing, ingesting all data deemed shareable by
DOD from their Automated Biometric Identification System [ABIS]
into IDENT, so that ABIS data is available to all DHS IDENT
users. Additionally, as directed previously by this Committee,
OBIM shall continue partnering with TSA to ensure full
integration of HART capabilities into the efforts being made in
the Technology Infrastructure Modernization. OBIM is directed
to include the status of these projects in its semiannual
briefings.
IDENTITY SERVICES
DHS is encouraged to work cooperatively with the
Departments of Justice, Defense, and State to standardize and
share biometric information. The Committee directs OBIM to
continue semiannual briefings on progress toward integrating
the various systems, including Unique Identity, to describe
existing capability gaps and a methodology by which to close
them. Further, the Committee encourages OBIM to continue its
data sharing and connectivity improvement efforts with the
Intelligence Community.
OFFICE OF HEALTH AFFAIRS
Appropriations, 2016.................................... $125,369,000
Budget estimate, 2017\1\................................................
Committee recommendation................................ 108,293,000
\1\The budget request proposes to fund OHA in a new CBRNE Office at
$120,293,000.
The Office of Health Affairs [OHA], headed by the Chief
Medical Officer who also serves as the Assistant Secretary for
Health Affairs, leads the Department on medical issues related
to natural and man-made disasters; serves as the principal
advisor to the Secretary on medical and public health issues;
coordinates biodefense activities within the Department; and
serves as the Department's primary contact with other
departments and State, local, and tribal governments on medical
and public health issues.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$108,293,000, $12,000,000 below the requested amount within the
CBRNE Office and $17,076,000 below the fiscal year 2016 level,
for OHA programs. The recommended level in this account
reflects funds that were requested for a new CBRNE Office that
is not yet authorized by the Congress.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
OFFICE OF HEALTH AFFAIRS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2017
Fiscal year 2016 budget Committee
enacted request\1\ recommendations
----------------------------------------------------------------------------------------------------------------
BioWatch.................................................. 82,078 ................ 69,878
...........
National Biosurveillance Integration Center............... 10,500 ................ 8,000
...........
Chemical Defense Program.................................. 824 ................ 811
...........
Planning and Coordination................................. 4,957 ................ 4,906
...........
Salaries and Expenses..................................... 27,010 ................ 24,698
...........
-----------------------------------------------------
Total, Office of Health Affairs..................... 125,369 ................ 108,293
...........
----------------------------------------------------------------------------------------------------------------
\1\The budget request proposes to fund OHA in a new CBRNE office at $120,293,000.
BIOWATCH
The Committee recommends $69,878,000 for the BioWatch
Program, $12,000,000 below the amount requested in the proposed
CBRNE Office, and $12,200,000 below the amount provided in
fiscal year 2016. This funding sustains BioWatch jurisdictional
support including field and laboratory operations, logistical
support, and special event requirements. In lieu of providing
funds for recapitalization, training, and other support
activities of the current system, the balance of the request,
$12,000,000 is recommended in S&T to speed the development of a
new bio-detection technology. While this shift in resources
could have a limited impact on current operations, OHA is
directed to minimize the effect wherever possible in the
interest of advancing a new technology. Further direction on
the allocation of these funds is included in the S&T portion of
this report.
NATIONAL BIOSURVEILLANCE INTEGRATION CENTER
The Committee recommends $8,000,000 for the National
Biosurveillance Integration Center [NBIC], the same amount as
requested in the proposed CBRNE Office and $2,500,000 below the
amount provided in fiscal year 2016.
CHEMICAL DEFENSE PROGRAM
The Committee recommends $811,000 for the Chemical Defense
Program, the same amount as requested in the proposed CBRNE
Office and $13,000 below the amount provided in fiscal year
2016.
WORKFORCE HEALTH PROTECTION
An Institute of Medicine of the National Academies report,
entitled ``Advancing Workforce Health at the Department of
Homeland Security,'' found ``workforce health protection and
medical services programs vary significantly across DHS, with
little coordination and integration.'' The Committee notes OHA
is developing an implementation plan to address the
shortcomings identified in the report which will be completed
in September 2016. OHA is directed to brief the Committee on
the implementation plan and any gaps identified upon
completion. The brief shall also include how DHS and components
address the health needs, such as awareness of local medical
risks and health systems, of DHS employees temporarily deployed
overseas and what tools or information resources are used to
acquire, display, and analyze international health data.
Federal Emergency Management Agency
The primary mission of the Federal Emergency Management
Agency [FEMA] is to reduce the loss of life and property and
protect the Nation from all hazards, including natural
disasters, acts of terrorism, and other manmade disasters, by
leading and supporting the Nation in a risk-based,
comprehensive emergency management system of preparedness,
protection, response, recovery, and mitigation.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
FEDERAL EMERGENCY MANAGEMENT AGENCY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and Expenses..................................... 960,754 1,068,203 1,044,764
State and Local Programs.................................. 1,500,000 1,018,543 1,544,469
Firefighter Assistance Grants............................. 690,000 670,000 680,000
Emergency Management Performance Grants................... 350,000 350,000 350,000
Radiological Emergency Preparedness Program............... -305 -265 -265
United States Fire Administration......................... 44,000 42,312 44,000
Disaster Relief Fund:
Base.................................................. 661,740 639,515 639,515
Disaster Relief Category.............................. 6,712,953 6,709,000 6,709,000
-----------------------------------------------------
Subtotal, Disaster Relief Fund...................... 7,374,693 7,348,515 7,348,515
=====================================================
Flood Hazard Mapping and Risk Analysis Program............ 190,000 177,531 177,531
National Flood Insurance Fund............................. 181,198 181,799 181,799
National Predisaster Mitigation Fund...................... 100,000 54,486 100,000
Emergency food and shelter................................ 120,000 100,000 100,000
-----------------------------------------------------
Total, Federal Emergency Management Agency.......... 11,329,142 10,829,325 11,389,014
----------------------------------------------------------------------------------------------------------------
SALARIES AND EXPENSES
Appropriations, 2016.................................... $960,754,000
Budget estimate, 2017................................... 1,068,203,000
Committee recommendation................................ 1,044,764,000
Funding for FEMA Salaries and Expenses provides for the
development and maintenance of an integrated, nationwide
capability to prepare for, mitigate against, respond to, and
recover from the consequences of major disasters and
emergencies, regardless of cause, in partnership with Federal
agencies, State, local, and tribal governments, volunteer
organizations, and the private sector. The Salaries and
Expenses account supports FEMA's programs by coordinating
between headquarters and regional offices the policy,
managerial, resource, and administrative actions.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total appropriation of
$1,044,764,000 for FEMA Salaries and Expenses, including a
transfer from the Disaster Readiness and Support [DRS] programs
within the Disaster Relief Fund [DRF] account as requested.
Excluding the transfer, the amount provided is $20,684,000
below fiscal year 2016 level and $23,439,000 below the request.
The recommendation includes the transfer of $104,694,000 in
activities from the DRS after a significant effort to evaluate
resources and realign funds to ensure transparency on funds
needed for base FEMA operations as opposed to disaster
readiness and disaster response. Unless otherwise noted,
reductions are recommended to account for lower than
anticipated staffing levels. The Committee applauds FEMA's
recent hiring efforts, and accordingly provides funding
recommendations based on the current projected fill rate.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Administrative and Regional Offices.................... 236,802 247,788 233,007
Office of National Capital Region Coordination..... (3,422) (3,460) (3,460)
Preparedness and Protection............................ 189,581 164,656 161,394
Response............................................... 174,124 189,923 190,915
Urban Search and Rescue Response System............ (35,180) (27,513) (35,180)
Recovery............................................... 49,763 58,687 57,023
Mitigation............................................. 27,957 24,887 27,579
Mission Support........................................ 181,610 220,464 213,286
Centrally Managed Accounts............................. 100,917 161,798 161,560
--------------------------------------------------------
Total, Salaries and Expenses..................... 960,754 1,068,203 1,044,764
----------------------------------------------------------------------------------------------------------------
PROGRAM ACTIVITIES
Of the total amount made available for Salaries and
Expenses, $15,500,000 is included for Mount Weather capital
improvements and operations, as requested.
Of the total amounts recommended, not less than: $2,000,000
is for the Emergency Management Assistance Compact [EMAC] under
the Preparedness and Protection PPA; $2,136,625 is for the
National Hurricane Program under the Response PPA; $8,500,000
is for the National Earthquake Hazards Reduction Program and
$9,100,000 is for the National Dam Safety Program under the
Mitigation PPA. Funding levels for each of these programs are
maintained at fiscal year 2016 levels after adjusting for one-
time expenditures. The repeated request for reduced funding for
EMAC seems shortsighted. EMAC funds ensure States support other
States during a disaster possibly preventing the need to call
up Federal resources.
The Committee notes that FEMA is carrying out Phase 2 of
the performance based seismic design philosophy [PBSD], which
demonstrates how the design and construction of buildings can
reflect realistic and reliable resiliency. Previous results of
the philosophy have been captured and described in the most
recent edition of the International Building Code. FEMA is
directed to brief the Committee not later than 45 days after
the date of enactment of this act on plans to work with the
consensus standards and model building code community to place
these updated PBSD guidelines into the model codes.
Coordination among Federal agencies and State and local
partners on public warning systems for earthquakes is a
critical component of the West Coast Earthquake Early Warning
System and other efforts in the Nation with the threat of
earthquakes. FEMA is directed to brief the Committee not later
than 60 days after the date of enactment of this act on such
coordination efforts, including those with the U.S. Geological
Survey and the Federal Communications Commission.
The Committee commends FEMA Region 10 for signing the Puget
Sound Federal Caucus Memorandum of Understanding [MOU] on March
18, 2014. The recovery and cleanup of Puget Sound is essential
to our Nation's economy and continued coordination and sharing
of expertise among Federal partners is critical to furthering
current efforts. The Committee directs FEMA to work with its
counterparts in the Puget Sound Federal Caucus to renew and
strengthen the MOU prior to its expiration on March 27, 2017.
THREAT HAZARD IDENTIFICATION AND RISK ASSESSMENT
The Committee commends FEMA for the continued work with the
Threat Hazard Identification and Risk Assessment [THIRA], State
Preparedness Reports, and the National Preparedness Report and
encourages efforts to develop a nationwide THIRA. Each of these
links in the preparedness system remains critical to properly
assessing ongoing activities, revealing gaps in capabilities,
and demonstrating the value of Federal investments through
grant funding. Currently, State grant recipients and those
participating in the Urban Area Security Initiative [UASI] are
required to complete a THIRA. These assessments will prove even
more valuable with input from all levels of government.
Therefore, the Committee recommends FEMA work with stakeholders
to develop a strategy ensuring all jurisdictions, including
ports and transit systems, demonstrate participation in a
local, State, or regional THIRA process. This strategy shall be
aimed at ensuring all homeland security grants funds are spent
in a coordinated manner and should take into account reporting
and planning efforts already required, such as those undertaken
by ports with the Coast Guard. With that in mind, the Committee
supports current efforts by FEMA to make the THIRA process more
user-friendly. The Committee understands FEMA has begun working
with State and local governments to address the timing of the
THIRA requirement so that participants would complete a full
THIRA every 3 years with annual updates when needed. The
Committee directs FEMA to continue working with stakeholders to
fully implement a solution. Since State and local resources
used to develop the THIRA are also the primary assets used
during a major disaster or large-scale exercise, lessons
learned from those events were not always fully incorporated
into the THIRA due to overwhelmed capabilities.
FEDERAL DISASTER DECLARATIONS
Communities often suffer repetitive storms which require
separate disaster declarations. Since FEMA and the President
consider each storm event separately when deciding whether to
declare a Federal disaster, the rules and criteria can
sometimes appear to be applied inconsistently. This can lead to
confusing results such as when two counties across State lines
suffer from a disaster but only one receives a declaration.
Therefore, FEMA is directed to work with stakeholders on the
best way to provide clear and descriptive reasoning when
Federal assistance is denied so that State and local officials
can better understand applied criteria. FEMA shall brief the
Committee no later than 45 days after the date of enactment of
this act on how this will be accomplished.
DISASTER CLOSEOUTS
There are currently 524 open disasters in 56 States and
territories. The Committee understands the time required to
closeout all projects from a significant event, but some of
these disasters date back to 1994. FEMA is directed to provide
a briefing within 60 days of the date of enactment of this act
on the status of those disasters open more than 5 years,
technical assistance provided grantees to facilitate the
expeditious closeout of disasters, and those actions or reforms
being considered within the agency and with grantees to speed
the closeout process.
INFORMATION TECHNOLOGY RESILIENCE
The Committee supports the ongoing efforts of the FEMA
Chief Information Officer [CIO] in continuing to improve the
information technology and cybersecurity requirements of the
agency. FEMA is now operating under a full IT Modernization
Plan which outlines strategic priorities to 2022. Ongoing
upgrades include Financial Systems Modernization, the Grants
Modernization System, and the new data system at the Federal
Insurance and Mitigation Administration to aid in handling
flood insurance claims. The Committee is pleased to see FEMA
continue to take these initiatives seriously and the budget
recommendation reflects the necessary resources for the FEMA
CIO to continue these ongoing efforts and recognizes room for
improvement. In May 2016, GAO released a report (GAO-16-306)
entitled ``Information Technology: FEMA Needs to Address
Management Weaknesses to Improve Its Systems.'' The Committee
supports the findings of the report including the need for FEMA
to fully define its investment board's roles and
responsibilities and procedures for selecting and overseeing
investments; update its strategic plan and complete plans for
IT modernization; and establish time frames for completing
workforce planning efforts. The Committee intends to ensure
this issue remains a priority for the agency and directs the
FEMA CIO to continue semiannual briefings on progress.
STUDYING SUPPLY CHAIN MANAGEMENT
Of the funds recommended, the Committee recommends
$1,500,000 in the Recovery PPA for FEMA to work with NPPD and
develop a plan to identify the most effective, innovative, and
efficient ways to use the national supply chain to deliver
life-saving commodities. The effort shall include an analysis
of the resilience of supply chains for commodities such as
water, food, pharmaceuticals, medical goods, fuel, and
transportation assets and build upon prior work completed by
the Regional Catastrophic Preparedness Grant Program.
Particular attention shall be given to how public-private
partnerships and relationships can be fostered and enhanced to
support the supply chain. The plan should also be tied to core
capabilities articulated in the National Preparedness Goal and
include specific examples of processes, tools, and outcomes. An
initial briefing outlining the strategy for this project shall
be provided within 60 days of the date of enactment of this act
with a final report due by the end of fiscal year 2017.
OFFICE OF NATIONAL CAPITAL REGION COORDINATION
The Committee recommends $3,460,000 for the Office of
National Capital Region Coordination [ONCRC], the same amount
as provided in fiscal year 2016. A permanent provision included
in the Department of Homeland Security Appropriations Act,
2013, requires inclusion of the Governors of the State of West
Virginia and the Commonwealth of Pennsylvania in the National
Capital Region decision-making process for mass evacuations.
FEMA is directed to include officials from the counties and
municipalities that contain the evacuation routes and their
tributaries in the planning process.
URBAN SEARCH AND RESCUE RESPONSE SYSTEM
The Committee recommends $35,180,000 for the Urban Search
and Rescue [USAR] Response System, $7,667,000 above the request
and the same amount as provided in fiscal year 2016. Though the
request did not explicitly include funding, FEMA claims they
intended to request $27,513,000 for USAR, as they have in prior
years. Funding will sustain the existing system and additional
chemical, biological, nuclear, radiological, and explosives
capabilities gained in fiscal year 2012.
ENSURING RAIL SECURITY
The Committee recognizes that the increase in crude oil
transported by rail poses new challenges to State and local
officials and first responders. The objective in ensuring safe
crude oil transport must be to prevent accidents and mitigate
their impacts when they do occur. This means Federal agencies
working together to ensure not only guidelines for tanker car
construction, but also sufficient inspectors and track
inspections and enhanced training for first responders. The
movement of crude oil must be collaborative with all those
charged with protecting critical infrastructure. When awarding
grants and providing training, the Committee expects FEMA to
consider the unique needs of first responders in meeting the
issues related to crude oil shipping by rail. FEMA is directed
to provide a written report to the Committees no later than 90
days after the date of enactment of this act on its efforts to
address the unique needs of first responders related to
hazardous materials transportation (including crude oil) and
response to incidents. The report shall include the
effectiveness of training related to including any identified
gaps in the need for additional training or curriculum
improvements.
CONSIDERING STRATEGIC MITIGATION PROGRAMS
The National Mitigation Framework and the Mitigation
Framework Leadership Group [MitFLG] are the primary efforts for
FEMA to promote a robust strategy to reduce the impact of
disasters. A strategy must be actionable, measurable, and able
to be implemented in a way which unifies and leverages existing
programs in an efficient manner but does not rule out new or
streamlined programs in the future. Existing mitigation
programs span across Federal agencies with FEMA as just one
component. In July 2015, the GAO released a report (GAO-15-515)
titled Hurricane Sandy: An Investment Strategy Could Help the
Federal Government Enhance National Resilience for Future
Disasters. This report states, ``There is no comprehensive,
strategic approach to identifying, prioritizing and
implementing investments for disaster resilience, which
increases the risk that the Federal Government and nonfederal
partners will experience lower returns on investments or lost
opportunities to strengthen key critical infrastructure and
lifelines.'' This conclusion is troubling and must be remedied.
The current suite of mitigation efforts represents an
anthology of programs assembled over time. While each program
addresses specific needs in the mitigation mission, the overall
effort appears uncoordinated limiting the impacts of disaster
resiliency efforts.
The Committee directs FEMA and the MitFLG, to create a
strategy which helps guide decision-makers across the Federal
Government. The strategy shall include recommendations to the
executive and legislative branches of the Federal Government on
how to best prioritize Federal resources aimed at enhancing
disaster resilience; an actionable and measurable investment
strategy supported by predictive financial and risk data; and
how Federal programs can be better integrated and coordinated
with State and local mitigation efforts.
STATE AND LOCAL PROGRAMS
Appropriations, 2016\1\................................. $1,500,000,000
Budget estimate, 2017................................... 1,018,543,000
Committee recommendation................................ 1,544,469,000
\1\Excludes $50,000,000 provided in a general provision for Countering
Violent Extremism.
Funding for State and Local Programs provides grants for
training, equipment, planning, and exercises to improve
readiness for potential disasters.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,544,469,000 for State and Local
Programs, $525,926,000 above the amount requested in comparable
programs and $44,469,000 above the amount provided in fiscal
year 2016. The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
STATE AND LOCAL PROGRAMS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Grants:
State Homeland Security Grant Program.............. 467,000 200,000 467,000
Operation Stonegarden.......................... (55,000) ................. (55,000)
..........
Urban Area Security Initiative..................... 600,000 330,000 600,000
Nonprofit Security Grants...................... (20,000) ................. (20,000)
..........
Public Transportation Security/Railroad Security... 100,000 85,000 100,000
Amtrak Security................................ (10,000) (10,000) (10,000)
Over-the-Road Bus Security..................... (3,000) ................. (3,000)
..........
Port Security Grants............................... 100,000 93,000 100,000
Countering Violent Extremism....................... ................. 49,000 50,000
..........
Regional Competition Grant Program................. ................. 100,000 .................
.......... ..........
--------------------------------------------------------
Subtotal, Discretionary Grants................... 1,267,000 857,000 1,317,000
========================================================
Education, Training, and Exercises:
Emergency Management Institute..................... 20,569 ................. 20,569
Center for Domestic Preparedness................... 64,991 ................. 67,989
National Domestic Preparedness Consortium.......... 98,000 36,000 101,000
National Exercise Program.......................... 19,919 ................. 19,911
Center for Homeland Defense and Security and ................. 37,643 .................
Emergency Management Institute....................
Center for Domestic Preparedness and National ................. 87,900 .................
Exercise Program..................................
Continuing Training/Center for Homeland Defense and 29,521 ................. 18,000
Security..........................................
--------------------------------------------------------
Subtotal, Education, Training, and Exercises..... 233,000 161,543 227,469
--------------------------------------------------------
Total, State and Local Programs.................. 1,500,000 1,018,543 1,544,469
----------------------------------------------------------------------------------------------------------------
GRANTS MANAGEMENT
The Committee includes specific timeframes for grant dollar
distribution. For each of the grant programs, funding
opportunity announcements shall be issued in 60 days,
applicants shall apply within 80 days after announcements are
made, and FEMA shall act on the application within 65 days
after applications are due.
FEMA is encouraged to prioritize grant applications that
improve the physical security of eligible large venues for the
protection of citizens who congregate in such facilities. FEMA
shall give strong consideration to applications supporting the
purchase of converged Land Mobile Radios and Long-Term
Evolution. FEMA is also encouraged to give robust consideration
of applications that develop alternative methods of evacuation
at schools and other public buildings.
FEMA is directed to work with grantees, particularly UASI
recipients, on planning and sustainment of resources needed for
preparedness to ensure that if Federal funding fluctuates,
gains in preparedness can be sustained.
COUNTERING VIOLENT EXTREMISM AND COMPLEX COORDINATED ATTACKS
In Public Law 114-113, the Congress provided $50,000,000 to
the Secretary for emergent threats from violent extremism and
from complex, coordinated terrorist attacks. FEMA will execute
$40,000,000 of those funds focusing on the latter threat,
$1,000,000 through Joint Counterterrorism Awareness Workshops
and $39,000,000 through competitive grants. In support of the
Office of Community Partnerships [OCP], FEMA will award
$10,000,000 to more directly build community partnerships
necessary to support efforts for countering violent extremism
[CVE]. As funded projects begin to bear useful best practices
and new approaches, FEMA and OCP shall make the information
available in a usable format to other communities. Sharing
information will allow communities to develop more effective
projects. The funds have 2-year availability to allow careful
consideration of the path forward. FEMA is directed to provide
a report no later than 180 days after the final grant award for
these grants that evaluates the effectiveness of each program
and identifies remaining gaps.
It is critical to note that CVE activities are eligible
under existing State and Local Grant Programs including the
State Homeland Security Grant Program [SHSGP] and UASI. In
addition, this bill includes $50,000,000 dedicated to CVE
activities and rejects the proposed 35 percent cut to FEMA's
base grant programs.
STATE HOMELAND SECURITY GRANT PROGRAM
The Committee recommends $467,000,000 for SHSGP, of which
$55,000,000 shall be for Operation Stonegarden. Operation
Stonegarden grants shall continue to be competitively awarded
and shall not be restricted to any particular border. As in
previous years, FEMA is directed to ensure all border States
shall be eligible to apply in fiscal year 2017 and ensure
preparedness grants are adequately allocated to improve the
capabilities of small and rural communities.
URBAN AREA SECURITY INITIATIVE
The Committee recommends $600,000,000 for UASI, of which
$20,000,000 shall be for nonprofit entities determined to be at
high risk by the Secretary.
The Committee notes that the 9/11 Act requires FEMA to
conduct a risk assessment for the 100 most populous
metropolitan areas annually. All such areas are eligible for
UASI funding based on threat, vulnerability, and consequence.
FEMA shall justify funding decisions based on risk.
The Committee is concerned FEMA's current risk analysis
does not consider certain data points which disproportionately
affect non-contiguous states and territories, particularly
those with large urban population centers. In particular, FEMA
does not incorporate data about the proximity of a Metropolitan
Statistical Area [MSA] and the ability for it to receive
response resources; real-time data of international visitors;
or the significance of the military mission of the defense
industrial base assets. The Committee expects FEMA to develop
an appropriate way to incorporate these data points when
assessing risk for awarding fiscal year 2017 UASI grants. If
FEMA is unable to resolve the question of how to incorporate
these factors into their fiscal year 2017 risk assessment, the
Committee expects FEMA to provide a report to the Committee
articulating what the agency has done to attempt compliance
with this directive, listing specifically what obstacles
prevented the agency from complying, and providing the agency's
plan to comply.
LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
In accordance with section 2006 of the Homeland Security
Act of 2002, the Law Enforcement Terrorism Prevention Program
[LETPP] is funded through a required set aside of 25 percent of
the funds appropriated through the SHSGP and UASI programs. The
Committee directs FEMA to provide clear guidance to States and
urban areas to ensure that the intent of LETPP is fully
realized.
PUBLIC TRANSPORTATION SECURITY ASSISTANCE, RAILROAD SECURITY
ASSISTANCE, AND OVER-THE-ROAD BUS SECURITY ASSISTANCE
The Committee recommends $100,000,000 for Public
Transportation Security Assistance, Railroad Security
Assistance, and Over-the-Road Bus Security Assistance. Of the
recommended amount, $10,000,000 is for Amtrak security needs
and $3,000,000 is for Over-the-Road Bus Security Assistance.
PORT SECURITY GRANTS
The Committee recommends $100,000,000 for the Port Security
Grant Program. The Committee is concerned some projects lack
integration with the homeland security priorities of
surrounding jurisdictions. Port Security Grant awards and
projects should demonstrate a cooperative vision, integrate the
Whole of Community, and illustrate a strategic significance to
the country such as those indicated as ``Strategic Seaports''
by the Surface Deployment and Distribution Command where
appropriate.
EDUCATION, TRAINING, AND EXERCISES
The Committee recommends $227,469,000 for Education,
Training, and Exercises, $65,926,000 above the request and
$5,531,000 below fiscal year 2016.
Of this amount, the Committee recommends $67,989,000 for
the Center for Domestic Preparedness [CDP] which includes
$4,050,000 for facility upgrades, as requested. Also, the
recommended level for Salaries and Expenses includes an
additional 12 FTE for CDP. This unique facility provides
specialized all-hazards preparedness training to State, local,
and tribal emergency responders on skills tied to national
priorities, particularly those related to terrorist attacks
using weapons of mass destruction and mass casualty events. It
is the Nation's only live-agent training facility for civilian
responders, and it offers a unique environment allowing them to
train using toxic nerve agents and live biological agents in
safety. For the past several years, a provision has been
included in the bill permitting the Administrator to use the
funds provided under paragraph (6) under this heading to
acquire real property for the purpose of establishing or
appropriately extending the security buffer zones for FEMA-
owned training facilities. Funding used for such purpose shall
only come from funds specifically appropriated to the facility
for which the property is acquired. The Committee understands
this provision will no longer be necessary after fiscal year
2017 and expects if circumstances change, the provision will be
included in the request for fiscal year 2018.
Within the total, the Committee includes $101,000,000 for
the National Domestic Preparedness Consortium [NDPC], instead
of the requested $36,000,000. The Consortium, authorized by the
9/11 Act, has conducted training in all 50 States and each U.S.
territory. Over 2,436,140 first responders have been trained to
date. Funding shall be distributed in accordance with the 9/11
Act as in previous years.
The Committee notes that high-profile attention and media
coverage of spectator sports and special events present a
significant risk as potential targets for international and
domestic terrorists. The Committee directs FEMA to provide a
briefing not later than 45 days after the date of enactment of
this act on resources dedicated to training related to
spectator sporting and special events.
The Committee includes $18,000,000 for the Center for
Homeland Defense and Security [CHDS]. CHDS programs include a
fully accredited Master's Degree program; executive education
seminars for Governors, locally elected officials, and their
senior department leaders; an Executive Leaders Program; a
Fusion Center Leaders Program; a peer-reviewed online academic
journal; a university and agency partnership effort; and an
online homeland security library. The Committee includes
$20,569,000 for the Emergency Management Institute, $926,000
above the request and the same as provided in fiscal year 2016.
The Competitive Training Grants are eliminated as requested. To
mitigate the impact on first responder training capacity, FEMA
should work through its current training institutions to
address emerging training needs.
FIREFIGHTER ASSISTANCE GRANTS
Appropriations, 2016.................................... $690,000,000
Budget estimate, 2017................................... 670,000,000
Committee recommendation................................ 680,000,000
Firefighter assistance grants, as authorized by section 33
of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229), assist local firefighting departments for the
purpose of protecting the health and safety of the public and
firefighting personnel, including volunteers and emergency
medical service personnel, against fire and fire-related
hazards.
COMMITTEE RECOMMENDATIONS
The Committee recommends $680,000,000 for firefighter
assistance grants, including $340,000,000 for firefighter
assistance grants and $340,000,000 for firefighter staffing
grants, to remain available until September 30, 2018. This is
$10,000,000 above the amount requested and $10,000,000 less
than was provided in fiscal year 2016.
The Committee directs the Department to continue the
present practice of funding applications according to local
priorities and those established by the United States Fire
Administration [USFA], and to continue direct funding to fire
departments and the peer review process. The Committee expects
that the rural fire department funding level will be consistent
with the previous 5-year history, and encourages FEMA to
consider the need for resources for staffing grants to rural
departments that meet both local and regional needs. FEMA shall
brief the Committee no later than 30 days after the date of
enactment of this act if there is an anticipated fluctuation.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
Appropriations, 2016.................................... $350,000,000
Budget estimate, 2017................................... 350,000,000
Committee recommendation................................ 350,000,000
Funding requested in this account provides support to the
Nation's all-hazards emergency management system and helps to
build State and local emergency management capability.
COMMITTEE RECOMMENDATIONS
The Committee recommends $350,000,000 for Emergency
Management Performance Grants [EMPG], which is the same amount
as provided in fiscal year 2016. The Committee directs FEMA to
retain EMPG as a separate grant program and not to combine its
funding with any other grant allocation or application process.
The Committee recognizes EMPG as supporting those who
represent the front line in managing disasters across the
country. Last year, 43 disasters required a presidential
declaration and direct Federal assistance. Beyond that,
according to the National Emergency Management Association and
U.S. Council of the International Association of Emergency
Managers, in fiscal year 2015, 30,275 events required State
assets and 19,415 local and tribal events without Federal
assistance. Most of this capability is in no small part due to
EMPG. The 50 percent match requirement at least doubles the
Federal investment and supports training and exercises, public
preparedness efforts, communications and warning systems, and
mutual aid agreements.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
Appropriations, 2016.................................... -$305,000
Budget estimate, 2017................................... -265,000
Committee recommendation................................ -265,000
The Radiological Emergency Preparedness [REP] Program
assists State and local governments in the development of off-
site radiological emergency preparedness plans within the
emergency planning zones of commercial nuclear power facilities
licensed by the Nuclear Regulatory Commission [NRC]. The fund
is financed from fees assessed and collected from the NRC
licensees to recover the amounts anticipated to be obligated in
the next fiscal year for expenses related to REP program
activities.
COMMITTEE RECOMMENDATIONS
The Committee provides for the receipt and expenditure of
fees collected, as authorized by Public Law 105-276. The budget
estimates fee collections to exceed expenditures by $265,000 in
fiscal year 2017.
UNITED STATES FIRE ADMINISTRATION
Appropriations, 2016.................................... $44,000,000
Budget estimate, 2017................................... 42,312,000
Committee recommendation................................ 44,000,000
The mission of the USFA is to reduce losses, both economic
and human, due to fire and other emergencies through training,
research, coordination, and support. USFA also prepares the
Nation's first responder and healthcare leaders through
ongoing, and when necessary, expedited training regarding how
to evaluate and minimize community risk, improve protection to
critical infrastructure, and be better prepared to react to
all-hazard and terrorism emergencies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $44,000,000 for USFA, which is
$1,688,000 above the amount requested and the same amount as
provided in fiscal year 2016. The amount included above the
request is to allow for the continued development of the
National Fire Incident Reporting System and support for the
National Fallen Firefighters Memorial.
DISASTER RELIEF FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2016.................................... $7,374,693,000
Budget estimate, 2017................................... 7,348,515,000
Committee recommendation................................ 7,348,515,000
Through the Disaster Relief Fund [DRF], the Department
provides a significant portion of the total Federal response to
victims in presidentially declared major disasters and
emergencies. Major disasters are declared when a State requests
Federal assistance and proves that a given disaster is beyond
the local and State capacity to respond. Under the DRF, FEMA
will continue to operate the primary assistance programs,
including Federal assistance to individuals and households; and
public assistance, which includes the repair and reconstruction
of State, local, and nonprofit infrastructure. The post-
disaster hazard mitigation set-aside to States, as part of the
DRF, works as a companion piece to the National Predisaster
Mitigation Fund.
COMMITTEE RECOMMENDATIONS
The Committee recommends funding the request of
$7,348,515,000 for DRF, of which $6,709,000,000 is provided
under the disaster relief adjustment pursuant to Public Law
112-25. The Committee includes bill language continuing the
requirements set forth in Public Law 114-4 with regard to DRF
reporting. The Committee recommends bill language transferring
$24,000,000 to OIG for audits and investigations.
Given the rise in the frequency and severity of all
hazards, the Committee continues believing States, as well as
tribal and local governments, must plan ahead for unexpected
costs. Not only will these governments need to have funds to
respond to the increasing number of disasters and incidents
that do not meet the criteria for Federal assistance, but they
also must meet cost share requirements for Presidentially
declared disasters. The Committee has not seen demonstrable
evidence these concerns are being addressed. Further, GAO,
through GAO-16-375SP, found FEMA ``could reduce the costs to
the Federal Government related to major disasters declared by
the President by updating the principal indicator on which
disaster funding decisions are based and better measuring a
State's capacity to respond without Federal assistance.'' FEMA
is directed to provide a report, in consultation with State and
local grantees, outlining specific actions and timeframes for
State and local governments to better share information about
fiscal preparation for disaster costs no later than 180 days
after the date of enactment of this act.
FEMA is directed to provide a briefing not later than 45
days after the date of enactment of this act on how comments
were adjudicated pursuant to rulemaking related to factors
considered when evaluating Individual Assistance for a Major
Disaster, including for wildfire impacted communities, as
required in section 1109 of the Sandy Recovery Improvement Act
of 2013.
FLOOD HAZARD MAPPING AND RISK ANALYSIS
Appropriations, 2016.................................... $190,000,000
Budget estimate, 2017................................... 177,531,000
Committee recommendation................................ 177,531,000
This appropriation supports the functions necessary to
develop, and keep current, flood risk information and flood
maps. The flood maps are used to determine appropriate risk-
based premium rates for the National Flood Insurance Program,
to complete flood hazard determinations required of the
Nation's lending institutions, and to develop appropriate
disaster response plans for Federal, State, and local emergency
management personnel.
COMMITTEE RECOMMENDATIONS
The Committee recommends $177,531,000 for Flood Hazard
Mapping and Risk Analysis as requested and $12,469,000 below
the amount provided in fiscal year 2016. In total, the bill
provides $345,894,000 for flood mapping when combined with
$168,363,000 in fee funded mapping activity.
The Committee recognizes that many communities across the
country continue to rely on flood hazard maps that are
inaccurate or outdated or that do not reflect the true risks of
flooding. Because these maps impact a community's ability to
participate in the National Flood Insurance Program, the
Committee urges FEMA to closely coordinate with communities to
the greatest extent possible to ensure that the data used as
part of its ongoing remapping efforts is accurate and
integrated with local flood control efforts.
The Committee urges FEMA to implement the final
recommendations and goals of the Technical Mapping Assistance
Committee's 2015 Annual Report, including forming a National
Flood Hazard Risk Management Coordination Committee to help
lead the ongoing implementation of the 5-year Flood Hazard
Mapping and Risk Assessment Plan. The Committee should not only
include Cooperating Technical Partners, but also State agencies
and experts that have developed mapping expertise and models
that can be useful in FEMA's efforts to consider future
conditions, such as sea level rise and coastal erosion.
NATIONAL FLOOD INSURANCE FUND
Appropriations, 2016\1\................................. $181,198,000
Budget estimate, 2017\1\................................ 181,799,000
Committee recommendation\1\............................. 181,799,000
\1\Fully offset by fee collections.
The National Flood Insurance Fund [NFIF] is a fee-generated
fund which provides funding for the National Flood Insurance
Program [NFIP]. This program enables property owners to
purchase flood insurance otherwise unavailable in the
commercial market. The National Flood Insurance Act of 1968
authorizes the Federal Government to provide flood insurance on
a national basis. This insurance is available to communities
which enact and enforce appropriate floodplain management
measures and covers virtually all types of buildings and their
contents.
COMMITTEE RECOMMENDATIONS
The Committee recommends $181,799,000, as proposed in the
budget, for NFIF activities related to floodplain management,
flood mapping and mitigation, and flood insurance operations.
Since 1990, the Community Rating System [CRS] has
encouraged voluntary community floodplain management activities
in excess of NFIP minimum standards. As a community implements
additional mitigation activities, local residents become
eligible for NFIP policy discounts. In recent years, the
Committee has repeatedly provided direction to FEMA to utilize
existing partnerships with public-private, higher-education,
not-for-profit, and other institutions with expertise in the
CRS program to provide technical assistance and help promulgate
the program across the country. The Committee encourages FEMA
to consider how to maximize the number of partners available to
provide technical assistance including options such as
competitive grant programs.
The Committee notes that the Community Assistance Program
provides resources to States to assist and monitor NFIP
participating communities that is essential to effective
implementation of the NFIP. This program provides funding to
States who then provide technical assistance to communities in
the NFIP and evaluate community performance in implementing
NFIP floodplain management activities. Unlike competitive grant
programs for projects, its purpose is to build capacity by
providing knowledge and expertise and ensure compliance with a
Federal program.
The Committee is pleased that the Cooperating Technical
Partners effort within the mapping budget contributes to
supporting the mapping activities and fosters local confidence
in map products. Community buy-in on flood maps often leads to
local public and private risk reduction actions. This
cooperative fiscal approach benefits all levels of government.
According to deadlines in the Homeowner Flood Insurance
Affordability Act and Biggert-Waters Flood Insurance Reform Act
of 2012, FEMA is required to submit an affordability framework
for flood insurance. Using FEMA's assumed date submission, the
last day the Agency must submit the affordability framework to
Congress is September 10, 2017, a mere 20 days before the
authorization for NFIP sunsets. This will not allow enough time
for the Congress to adequately impact this process. Therefore,
FEMA is directed to brief the Committee within 5 business days
of the date of enactment of this act on the current strategy to
meet the September 2017 deadline or provide the framework
earlier.
FEMA began a data collection process on April 1, 2016, and
anticipates the rate change package by October 1, 2016. FEMA is
directed to brief the initial descriptive data statistics and
information based on the policy fundamentals of the NFIP
gathered through the clear communication process required by
Section 28 of the Homeowner Flood Insurance Affordability Act
(Public Law 113-89) to the Committee within 90 days of the date
of enactment of this act.
NATIONAL PREDISASTER MITIGATION FUND
Appropriations, 2016.................................... $100,000,000
Budget estimate, 2017................................... 54,486,000
Committee recommendation................................ 100,000,000
The National Predisaster Mitigation [PDM] Fund provides
grants to States, communities, territories, and tribal
governments for hazard mitigation planning and implementing
mitigation projects prior to a disaster event. PDM grants are
awarded on a competitive basis. This program operates
independent from, but in concert with, the Hazard Mitigation
Grant Program [HMGP], funded through the Disaster Relief Fund,
which provides grants to a State in which a disaster has been
declared.
COMMITTEE RECOMMENDATIONS
The Committee recommends $100,000,000 for PDM, $45,514,000
above the amount requested and the same as provided in fiscal
year 2016. FEMA is directed to continue ensuring funds be
utilized for actual mitigation projects since the past several
years have allowed for a greater focus on planning which should
become more of a responsibility of grantees.
The Committee is interested in increasing transparency and
better articulating the cost-benefits of mitigation grants
administered by FEMA. The Committee directs FEMA to develop an
annual report summarizing the end-users for these grants, how
funding is utilized, and the cost-benefit analysis completed
demonstrating the larger impact of these grants.
The Committee notes that mitigation projects for all types
of hazards that can attract private sector funding will greatly
maximize the number of projects and the benefits from the cost-
saving practice of resiliency. This is incredibly important
across the Nation and in very high-risk areas like the Cascadia
subduction zone. FEMA is directed to brief the Committee prior
to making PDM grant applications available on how public-
private partnerships will be specifically evaluated when
considering projects.
EMERGENCY FOOD AND SHELTER
Appropriations, 2016.................................... $120,000,000
Budget estimate, 2017................................... 100,000,000
Committee recommendation................................ 100,000,000
This appropriation funds grants to nonprofit and faith-
based organizations at the local level to supplement their
programs for emergency food and shelter to provide for the
immediate needs of the homeless.
COMMITTEE RECOMMENDATIONS
The Committee recommends $100,000,000 for Emergency Food
and Shelter Program [EFSP], which is the same amount as
requested and $20,000,000 below the amount provided in fiscal
year 2016. The Committee recognizes the EFSP is one program, in
conjunction with other Federal programs, which serves those in
immediate need of food and shelter assistance.
The Committee remains wholly supportive of the mission and
priorities of ESFP, but remains concerned that funding is not
fully maximized through FEMA administration of the funds and
would be better placed in an agency with subject matter
expertise. Therefore, language is again included directing the
transfer of ESFP to the Department of Housing and Urban
Development [HUD]. The Committee emphasizes that this program
is not duplicative of other HUD programs, and therefore shall
retain its original purpose and not be combined with other HUD
programs.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
Appropriations, 2016.................................... $119,671,000
Budget estimate, 2017................................... 129,139,000
Committee recommendation................................ 119,139,000
United States Citizenship and Immigration Services [USCIS]
funds expenses necessary for the administration of laws and the
provision of services related to people seeking to enter,
reside, work, and naturalize in the United States. In addition
to directly appropriated resources, fee collections are
available for the operations of USCIS.
Immigration Examinations Fees.--USCIS collects fees from
persons applying for immigration benefits to support the
adjudication of applications, as authorized by the Immigration
and Nationality Act (8 U.S.C. 1356).
H-1B and L Fraud Prevention and Detection Fees.--USCIS
collects fees from petitioners seeking a beneficiary's initial
grant of H-1B or L nonimmigrant classification or those
petitioners seeking to change a beneficiary's employer within
those classifications (Public Law 108-447).
H-1B Nonimmigrant Petitioner Fees.--USCIS collects fees
from petitioners using the H-1B program (Public Law 108-447).
COMMITTEE RECOMMENDATIONS
The Committee recommends direct appropriations of
$119,139,000 and notes estimated fee collections of
$3,505,710,000 for total resources of $3,624,849,000.
The following table summarizes the Committee's
recommendations for appropriations as compared to the fiscal
year 2016 and budget request levels:
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES--PROGRAM SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
E-Verify.............................................. 119,671 119,139 119,139
Immigrant integration programs........................ ................ 10,000 ................
-----------------------------------------------------
Total, Appropriations............................... 119,671 129,139 119,139
----------------------------------------------------------------------------------------------------------------
E-VERIFY
The Committee recommends $119,139,000 for the E-Verify
program. This is the same as the amount requested and $532,000
below the amount provided in fiscal year 2016. The Committee is
supportive of the Department's efforts to improve E-Verify's
ability to automatically verify those who are work authorized,
detect identity fraud, and detect system misuse and
discrimination. E-Verify is both a tool for employers committed
to maintaining a legal workforce and a deterrent to illegal
immigration.
The growth in E-Verify use by employers has significantly
increased from fewer than 25,000 employers in fiscal year 2007
to more than 652,561 as of April 2016, with an average of more
than 1,300 new employers enrolling per week. E-Verify processed
31,000,000 cases in fiscal year 2014, a more than seven-fold
increase from the 4,000,000 cases processed in fiscal year
2007. So far in fiscal year 2016, E-Verify processed more than
18,000,000 cases. The Committee directs USCIS to include on its
Web site statistics showing E-Verify use across the Nation. At
a minimum, the Web site should include basic analytics and
descriptive statistics functions, such as graphics and tables
showing the number and percentage of employers in each State
using E-Verify, the adoption rates by industry, and the number
of cases processed each year.
H-2B
The Committee remains concerned over the management of the
H-2B visa program, particularly the allocation of visas within
the annual caps. The Committee directs USCIS to use the
findings of the study required in Senate Report 144-168 to make
systematic improvements to ensure the number of individuals
admitted to, or present in, the United States in H-2B status is
more closely aligned with the statutory numerical limitation.
To increase transparency, USCIS shall make publically available
on the DHS Web site--(1) 5 years of historical data of H-2B
nonimmigrant petitions received and approved and the number of
visas for H-2B nonimmigrants that were not subject to the
statutory cap; (2) the annual target number of beneficiaries to
be issued visas as H-2B nonimmigrants for the fiscal year; (3)
the number of petitions for H-2B nonimmigrants approved by the
Department in each half of the fiscal year, including the
aggregated number of beneficiaries contained in the approved
petitions; (4) the number of petitions pending approval or
denial by the Secretary; (5) the number of visas that are not
exempt from the statutory cap issued by the Secretary of State;
and (6) disclosure of the methodology and raw data used to
determine when the statutory cap has been reached, including
notification whenever the methodology to make this
determination changes at any time during the fiscal year.
FRAUD DETECTION AND NATIONAL SECURITY COMPLIANCE REVIEWS
The Committee is disappointed that USCIS has not provided
the H-1B and L reports required in Senate Report 144-168,
especially as one of the reporting requirements was simply to
describe enforcement goals and the action plan for compliance
visits. The Committee directs USCIS to continue reporting on
compliance, as described in Senate Report 144-168, on an annual
basis.
The Committee understands that USCIS is continuing to
evaluate tools to analyze relevant social media in vetting for
certain types of benefits and believes that it is important for
USCIS to analyze and consider the social media activity, and
other publicly-available information, of those seeking visas to
enter the United States. It is crucial that USCIS efficiently
and effectively examine a broad number of social media sites on
both the conventional internet and the dark Web, especially
those sites hosted overseas, where most of the postings are in
languages other than English. In addition, USCIS must maintain
persistent access to these sources throughout and beyond the
adjudication process. As USCIS continues to grant visas to
individuals without social media vetting, the Committee directs
USCIS to establish a program of record for social media vetting
for the highest risk visa applicants within 60 days of the date
of enactment of this act.
PROCESSING DELAYS
The Committee is concerned about the prolonged delays at
USCIS processing centers across the country for all benefit
types. The Committee appreciates that USCIS has posted on its
Web site the average wait times for each benefit type by
service center or field office, and directs that USCIS increase
transparency by adding to the Web site a summary of the current
average wait times by benefit type. The summary should include
comparisons of current wait times to historical wait times over
the last three fiscal years. The Committee further directs
USCIS to provide quarterly briefings for the Committee on the
specific actions the agency is taking to reduce the backlog of
applications, while ensuring that all applicants are properly
reviewed for security purposes.
The Committee encourages USCIS to consider adding a
question related to the National Park System to the civics test
administered during the naturalization process during the next
regularly scheduled review of the examination.
INTEGRITY OF ADMISSIONS PROGRAMS
Ensuring the integrity of the refugee and asylum admissions
programs is critical, particularly as the volume of
applications for both benefits continues to rise. The Committee
directs USCIS to, within 120 days of the date of enactment of
this act, submit a report that identifies: (1) the total number
of individuals who were admitted to the United States as
refugees, or who were granted asylee status, since 2001, who
were subsequently identified as having an affiliation with
terrorism in any manner; (2) the total number of children of
individuals who were admitted to the United States as refugees,
or who were granted asylee status, since 2001, who were
subsequently identified as having an affiliation with terrorism
in any manner; (3) the total number of individuals who were
admitted to the United States as refugees, or who were granted
asylee status, since 2001, who were subsequently arrested or
convicted for any criminal offense in the United States; (4)
the total number of individuals who were admitted to the United
States as refugees, or who were granted asylee status, since
2001, who subsequently adjusted to lawful permanent resident
status with a waiver granted under section 209(c) of the
Immigration and Nationality Act (8 U.S.C. 1109(c)); and (5) the
total number of individuals who were admitted to the United
States as refugees, or who were granted asylee status, since
2001, who were subsequently removed from the United States for
any reason. In addition, the Committee directs USCIS to brief
the Committee within 120 days of the date of enactment of this
act on the costs of administering the refugee and asylee
admissions programs.
EMPLOYMENT AUTHORIZATION DOCUMENTS
The Committee directs USCIS to report on the number of
employment authorization documents [EADs] issued annually from
fiscal year 2012 through fiscal year 2015, including the
validity period of those EADs broken down by any associated
benefit type, and on the policies governing the validity period
of the EADs.
TEMPORARY PROTECTED STATUS
The Committee directs USCIS to report on the number of
individuals receiving benefits under temporary protected status
[TPS] annually from fiscal year 2012 through fiscal year 2015,
the cost of providing the benefits granted to those
individuals, as well as the validity period of benefits
provided, and on the policies governing TPS determinations. In
addition, the Committee directs USCIS to brief the Committee
within 120 days of the date of enactment of this act on the
estimates of the costs of administering the TPS programs.
FEE WAIVERS
The Committee is concerned about the increased use of fee
waivers, as those paying fees are forced to absorb costs for
which they receive no benefit. In addition, those unable to pay
USCIS fees are less likely to live in the United States
independent of government assistance. The Committee directs
USCIS to report on the policies and provide data on the use of
fee waivers during the last four fiscal years within 90 days of
the date of enactment of this act.
IMMIGRATION DATA
The Committee directs USCIS to work with the DHS Office of
Immigration Statistics and the DHS OCIO to provide all
necessary technical and policy assistance necessary to improve
the collection, sharing, and reporting of immigration data
throughout the immigration lifecycle.
PROGRAM COSTS
The U.S. Refugee Admissions Program [USRAP] is a
partnership among USCIS, State's Bureau of Population, Refugees
and Migration [PRM], and the Office of Refugee Resettlement
[ORR] within of the Department of Health and Human Services and
involves a number of supporting international and domestic
agencies and organizations. The Committee directs USCIS, in
conjunction with PRM and ORR, to report to the Congress on the
direct costs associated with USRAP broken down by agency and
activity for each of fiscal years 2013, 2014, 2015, and 2016.
Such report shall also include the corresponding data on
refugee applicants in process during those years for context
regarding the cost per refugee. Such report shall be submitted
not later than 180 days after the date of enactment of this
act.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
Appropriations, 2016.................................... $217,485,000
Budget estimate, 2017................................... 214,965,000
Committee recommendation................................ 214,965,000
The Federal Law Enforcement Training Center [FLETC]
Salaries and Expenses appropriation provides funds for basic
and some advanced training to Federal law enforcement personnel
from more than 90 agencies. This account also allows for
research of new training methodologies; provides for training
delivered to certain State, local, and foreign law enforcement
personnel on a space-available basis; and supports
accreditation of Federal law enforcement training programs.
COMMITTEE RECOMMENDATIONS
The Committee recommends $214,965,000 for Salaries and
Expenses, the same amount as requested and $2,520,000 below the
amount provided in fiscal year 2016. Within the funds
recommended is $1,325,000 for the Federal Law Enforcement
Training Accreditation Board. The Committee recognizes FLETC's
senior leadership retirements and the staff turnover that
diminishes the instructional workforce. The Committee
encourages FLETC to continue pursuing timely hiring campaigns,
and supports its request for direct hire authority, to help
stem the effect of attrition and to attract the most capable
and proficient workforce possible.
The Committee is pleased with FLETC's progress to maximize
its campuses' efficiencies and to adopt a metrics-based,
facility management strategy. The Committee recognizes that
FLETC is uniquely situated, as the United States' largest law
enforcement training organization, to capture output data and
measure them against resources consumed. The Committee expects
that the Director maintain training at or near facility
capacities and directs the agency to demonstrate in its annual
budget submissions how facility use data helps leadership make
evidence-based resource decisions that right-size the mixture
of advanced and basic training for maximum output. FLETC is
directed to brief the Committee no later than 90 days after the
date of enactment of this act on the facility utilization
measures it has installed to evaluate facility performance.
FLETC is further directed to continue briefing the Committee
quarterly on its obligation plans, as outlined in the
explanatory statement accompanying Public Law 114-4 and in
title I of this report. Included in this brief shall be a
review of FLETC's hiring campaigns and attrition levels.
The Committee supports FLETC's ongoing work to evaluate
active shooter response technology including its applications
across the homeland security enterprise. The Committee is also
aware of work being conducted by S&T's Counter Terrorism
Technology Evaluation Center [CTTECP]. The Committee directs
FLETC and CTTECP to coordinate testing and evaluation of this
important technology, including, but not limited to, an
assessment of how active shooter response technologies can be
integrated into Federal, State and local training programs.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2016.................................... $27,553,000
Budget estimate, 2017................................... 27,553,000
Committee recommendation................................ 27,553,000
This account provides for acquisition and related costs for
expansion and maintenance of facilities of FLETC. This includes
construction and maintenance of facilities and environmental
compliance. The environmental compliance funds ensure
compliance with Environmental Protection Agency and State
environmental laws and regulations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $27,553,000 for Acquisition,
Construction, Improvements, and Related Expenses, the same as
requested, and the same as provided in fiscal year 2016.
Included are funds to begin needed dormitory renovations at two
campuses, design work to expand multiple training academy
facilities, and necessary minor construction and maintenance
projects detailed in FLETC's 2015 update to the 2010 Master
Comprehensive Plan.
Science and Technology
SUMMARY
The mission of Science and Technology [S&T] is to conduct,
stimulate, and enable homeland security research, development,
and testing, and to facilitate the timely transition of
capabilities to Federal, State, local, and tribal end-users.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2016.................................... $131,531,000
Budget estimate, 2017................................... 127,903,000
Committee recommendation................................ 127,903,000
The Management and Administration account funds salaries
and expenses related to the Office of the Under Secretary for
S&T and headquarters.
COMMITTEE RECOMMENDATIONS
The Committee recommends $127,903,000 for Management and
Administration of programs and activities carried out by S&T.
This is the same as the amount requested and $3,628,000 below
the amount provided in fiscal year 2016. Of this amount, the
Committee recommends not to exceed $7,650 for official
reception and representation expenses.
The Committee continues to support innovative ways to
reduce costs at S&T, including the Travel, Operations, Policy,
and Support office, which is expected to reduce administrative
costs allowing additional funds to be focused on the
Directorate's R&D mission.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
Appropriations, 2016.................................... $655,407,000
Budget estimate, 2017................................... 630,840,000
Committee recommendation................................ 661,814,000
S&T supports the mission of DHS through basic and applied
research, fabrication of prototypes, and R&D to mitigate the
effects of weapons of mass destruction, as well as acquiring
and field testing equipment.
COMMITTEE RECOMMENDATIONS
The Committee recommends $661,814,000 for Research,
Development, Acquisition, and Operations of S&T. This is
$30,974,000 above the amount requested and $6,407,000 above the
amount provided in fiscal year 2016. The recommended level in
this account reflects funds that were requested for a new CBRNE
Office that is not yet authorized by the Congress.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
SCIENCE AND TECHNOLOGY--RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Research, Development, and Innovation..................... 434,850 417,420 438,979
Laboratory Facilities..................................... 133,731 133,942 133,942
Acquisition and Operations Support........................ 47,102 48,393 48,393
University Programs....................................... 39,724 31,085 40,500
-----------------------------------------------------
Total, Research, Development, Acquisition and 655,407 630,840 661,814
Operations.........................................
----------------------------------------------------------------------------------------------------------------
RESEARCH AND DEVELOPMENT FLEXIBILITY
The Committee continues flexibility by maintaining one PPA
for R&D. This structure avoids unnecessary limitation of funds
where projects may cross thrust areas. This is particularly
important as R&D funding must be as nimble as possible and
allow for research on emerging threats and areas of interest.
S&T shall submit a spend plan to the Committee and the Senate
Committee on Homeland Security and Governmental Affairs [HSGAC]
not later than 60 days after the date of enactment of this act
on how it intends to utilize these funds towards existing areas
of R&D. The Committee also directs S&T to develop a plan to
incorporate external peer review into its processes for
awarding new research and development contracts. The
Directorate shall brief the Committee and HSGAC, within 180
days of the date of enactment of this act.
APEX R&D
The Committee continues its support of Apex R&D, including
both the specific Apex projects and the cross-cutting Apex
Engines. Developed to tackle some of the most pressing
challenges faced by the Department and first responder
communities, the Apex programs include some of S&T's
``Visionary Goals'' such as Screening at Speed, which seeks to
respond to threats while similarly reducing inconvenience to
passengers, as well as the Next Generation First Responder
program which will ensure first responders are fully aware and
protected from threats they encounter. Underpinning these
projects, are the Apex Engines. Common focus areas--such as
data analytics--are now home to a group of Subject Matter
Experts who can be drawn upon as a resource for each project
instead of organically growing these capabilities and stove
piping those resources in each, individual Apex project.
S&T is directed to brief the Committee not later than 30
days after the date of enactment of this act on the funding
allocation by project and progress made to field improved
technologies from the Apex environment. S&T should also be
cautious that its R&D does not supplant work performed by the
private sector.
BIOSURVEILLANCE SYSTEMS
In October 2015, the bipartisan Blue Ribbon Study Panel on
Biodefense noted, among numerous other recommendations, that
``surveillance and detection are the means by which we achieve
the earliest possible situational awareness for biological
events.'' The current BioWatch technology is inadequate to meet
the Nation's needs. It takes days in most locations to get
results, and the number of false-positives leads to a lack of
trust by local officials that data is actionable. Several years
ago, an effort to enhance BioWatch technology was abandoned and
little effort has been applied since to meet the mission need
and threat. Yet, capabilities exist to dramatically enhance
detection. For example, the Joint Program Executive Office for
Chemical and Biological Defense [JPEO-CBD] at DOD is working on
biological identification systems and DHS has been looking at
this for some time.
For that reason, an additional $12,000,000 is provided to
accelerate biosurveillance work underway at S&T. This funding
will: finalize a National Environmental Biothreat Detection
Architecture plan for investment in biosurveillance R&D;
continue development of autonomous field screening technologies
that provide real-time screening for biological threats; and
continue research into technologies and analysis methods that
help confirm potential threats allowing for certainty and
faster decisions in the public health sector. S&T shall brief
the Committee on the plans for this funding at its first
quarterly obligation plan briefing.
UNMANNED AERIAL SYSTEMS
The Committee is aware that S&T is planning to participate
in the Federal Aviation Administration's Center of Excellence
for UAS, with a particular focus on maritime UAS systems and
sensor studies. As such, the Committee directs S&T to formalize
this partnership with the Center of Excellence and notify the
Committee when any project timelines are developed for these
critical activities.
The Committee also directs the Department to fully utilize
all capabilities, to include collaborations with research
universities, in order to ensure the protection of our Nation's
borders and provide support for research endeavors for present
and future counter UAS activities, equipment, policies,
procedures, and training, in cooperation with facilities with a
history of UAS operations, research, education and training.
INNOVATIVE FUNDING PARTNERSHIPS
The Committee continues to be interested in S&T's use of
innovative and unique relationships to help secure technologies
critical to the homeland security enterprise. The Committee
expects the results of S&T's utilization of prize authority to
be submitted as part of the fiscal year 2018 budget
justification.
RESILIENT AND SECURE ELECTRIC GRID
The Committee recognizes the importance of strengthening
the resilience and security of our Nation's critical
infrastructure such as the electrical grid against both
physical and cyber threats, as these concerns will have a
significant impact on national security, economic vitality, and
community resilience. In order to address this challenge, the
Committee encourages S&T, in collaboration with NPPD, to
establish infrastructure resilience research and development
initiatives to minimize the risks of cascading effects. This
should also entail accelerating response and recovery efforts
specific to critical infrastructure. These initiatives should
involve collaborations among S&T, NPPD, private sector
infrastructure owners, Federal R&D organizations, and academic
institutions.
The Committee notes that the health and resiliency of the
electric grid is of vital importance to our Nation. Our aging
grid faces increasing threats of extreme weather and terrorism,
requiring new and affordable technology solutions to increase
resiliency. The Committee recognizes the important advances of
the Resilient Electric Grid [REG] Program established in 2007,
including the development of technology that doubles grid
reliability in the United States. The Committee also recognizes
that the feasibility study for installing this advanced
technology will be complete in May 2017 and therefore directs
S&T to provide an update on the outcome of the study no later
than 30 days after its completion. In the event of a favorable
outcome from the feasibility study, the Committee encourages
S&T to continue development of the REG in partnership with the
relevant utility companies.
BORDER SECURITY
The Committee is concerned that money invested in tunnel
detection efforts is not progressing appropriately, and that
stakeholders--CBP and ICE--are not being engaged to the level
that is expected. The Committee supports efforts to more
thoroughly explore such solutions, but $11,969,000 has been
invested since fiscal year 2013 with little to show. The
Committee acknowledges that S&T would not be asked to tackle a
problem if it were easy, but the progress on this particular
project raises serious questions. S&T, in conjunction with CBP
and ICE, is directed to brief the Committee on the status of
the prototype tunnel detection system not later than 30 days
after the date of enactment of this act.
The Committee directs the Department to prioritize
collaborations with qualified research universities in order to
provide the needed support to develop the best approaches on
critical border Security research topics to enhance the
protection of our nation's land and maritime borders.
LABORATORY FACILITIES
The Committee recommendation includes $133,942,000 for
Laboratory Facilities, as requested, $211,000 above the fiscal
year 2016. This funding supports a network of five
laboratories, and one that is under construction--the National
Bio and Agro-Defense Facility [NBAF].
NBAF will serve as the Nation's primary research facility
to counter foreign animal diseases and will enable the phase
out of the Plum Island Animal Disease Center [PIADC]. As such,
it is critical to develop a robust plan that ensures a
qualified workforce, assesses the transition of existing R&D
efforts, and considers any new capabilities that may be
necessary for future operations at NBAF. While DHS is
responsible for the PIADC facilities, the R&D activities
continue to be managed by the United States Department of
Agriculture [USDA]. Similarly, while DHS is responsible for
building NBAF, the Committee understands that virtually all of
the R&D activities will be under USDA auspices. Therefore, the
Committee encourages DHS and USDA to work together on a plan
for the future operation of NBAF, including consideration of
the appropriate agency to manage the facility.
ACQUISITION AND OPERATIONS SUPPORT
The Committee recommendation includes $48,393,000 for
Acquisition and Operations Support, as requested, which is
$1,291,000 above the amount requested in fiscal year 2016. The
Committee expects S&T to develop performance metrics with which
to track the success of any technologies transitioned to the
private sector for commercialization.
UNIVERSITY PROGRAMS
The Committee recommendation includes $40,500,000 for
University Programs, $9,415,000 above the amount requested and
$776,000 above fiscal year 2016. University Programs supports
critical homeland security-related research and education at
U.S. colleges and universities to address high-priority DHS-
related issues and to enhance homeland security capabilities
over the long term. The increase above the request is for the
University Centers of Excellence program and will allow S&T to
maintain at least 10 Centers of Excellence.
The Committee encourages DHS, when making determinations
about how to more effectively allocate resources for academic
centers of excellence, to consider competitively establishing
centers that focus on cybersecurity research and education as
well as on modeling, simulation, and training, and separately,
biological threats and animal disease.
Domestic Nuclear Detection Office
SUMMARY
DNDO is responsible for development of technologies to
detect and report attempts to import, possess, store, develop,
or transport nuclear and radiological material.
COMMITTEE RECOMMENDATIONS
The Committee recommends $348,022,000 for activities of
DNDO for fiscal year 2017. This is $6,262,000 below the amount
requested and $902,000 above the amount provided in fiscal year
2016.
The recommended level in this account reflects funds that
were requested for a new CBRNE Office that is not yet
authorized by the Congress. The following table summarizes the
Committee's recommendations as compared to the fiscal year 2016
and budget request levels:
DOMESTIC NUCLEAR DETECTION OFFICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal year 2017 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration............................. 38,109 ................ 42,222
...........
Research, Development, and Operations..................... 196,000 ................ 185,136
...........
Systems Acquisition....................................... 113,011 ................ 120,664
...........
-----------------------------------------------------
Total, Domestic Nuclear Detection Office............ 347,120 ................ 348,022
...........
----------------------------------------------------------------------------------------------------------------
\1\The budget request proposes to fund DNDO in a new CBRNE office at $354,284,000.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2016.................................... $38,109,000
Budget estimate, 2017...................................................
Committee recommendation................................ 42,222,000
The Management and Administration account funds salaries,
benefits, and expenses for DNDO.
COMMITTEE RECOMMENDATIONS
The Committee recommends $42,222,000 for Management and
Administration of programs and activities carried out by DNDO.
This is $1,144,000 below the amount requested in the CBRNE
Office and $4,113,000 above the amount provided in fiscal year
2016. The reduction from the budget request reflects current
vacancies within the office and delays in hiring positions
newly funded in 2016. Of this amount, the Committee recommends
not to exceed $2,250 for official reception and representation
expenses.
WORKFORCE SURVEY AND LEADERSHIP
The Committee is pleased with DNDO's consecutive workforce
survey results and cites the agency's exemplary leadership and
management as a driving factor behind its reputation. The
Committee encourages DNDO to continue the practices which
earned it the ranking of ``Best Place to Work within DHS'' and
supports other components' learning from DNDO practices.
STRATEGIC PLAN OF INVESTMENTS
In lieu of providing a report updating the Department's
strategic plan of investments, the Director shall continue
briefing the Committee annually on DNDO's efforts to carry-out
the Department's responsibilities under the domestic component
of the Global Nuclear Detection Architecture [GNDA]. The
briefing shall identify:
--the various elements of the domestic architecture and the
roles and responsibilities of each departmental entity;
--investments being made in fiscal year 2017 and planned for
2018 to secure pathways (sea, land, and air) into the
United States;
--investments necessary to close known vulnerabilities and
gaps, including associated costs and timeframes, and
estimates of feasibility and cost effectiveness; and
--how R&D funding is furthering the implementation of the
domestic architecture.
The briefing shall also include a discussion of DNDO's
surge capabilities and ability to respond to suspected
radiological threats in concert with Federal, State, and local
officials.
RESEARCH, DEVELOPMENT, AND OPERATIONS
Appropriations, 2016.................................... $196,000,000
Budget estimate, 2017...................................................
Committee recommendation................................ 185,136,000
The Research, Development and Operations account funds the
development of nuclear detection systems and the integration
and advancement of national nuclear forensics capabilities.
COMMITTEE RECOMMENDATIONS
The Committee recommends $185,136,000 for Research,
Development and Operations. This is the same amount as
requested in the CBRNE Office and $10,864,000 below the amount
provided in fiscal year 2016.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
RESEARCH, DEVELOPMENT, AND OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2017
Fiscal year 2016 budget Committee
enacted request\1\ recommendations
----------------------------------------------------------------------------------------------------------------
Systems Engineering and Architecture...................... 17,000 ................ 15,872
...........
Systems Development....................................... 22,000 ................ 20,253
...........
Transformational Research and Development................. 68,000 ................ 63,582
...........
Assessments............................................... 38,000 ................ 36,648
...........
Operations Support........................................ 31,000 ................ 29,492
...........
National Technical Nuclear Forensics Center............... 20,000 ................ 19,289
...........
-----------------------------------------------------
Total, Research, Development, and Operations........ 196,000 ................ 185,136
...........
----------------------------------------------------------------------------------------------------------------
\1\The budget request proposes to fund DNDO Research ,Development, and Operations in a new CBRNE office at
$185,136,000.
SEMIANNUAL BRIEFINGS
DNDO shall continue semiannual program briefings and
provide periodic updates on any new threats, research, studies,
and assessments related to the GNDA. Semiannual program
briefings shall also cover emergent technology solutions being
explored by DNDO. One of these semiannual briefings may be
combined with the more comprehensive annual brief on the
strategic plan of investments, directed earlier in this
section.
SEMICONDUCTOR AND SCINTILLATOR MATERIALS
The Committee recognizes the importance of radiation
detection technology in emergency response to enhance mission
performance and save lives. The Committee understands that the
development and deployment of highly efficient radiation
detectors is necessary to adequately support proper
identification and interdiction of radiological and nuclear
threats. Therefore, the Committee recommends funding be
continued for research and development of new generation
semiconductor or scintillator materials.
SYSTEMS ACQUISITION
Appropriations, 2016.................................... $113,011,000
Budget estimate, 2017...................................................
Committee recommendation................................ 120,664,000
The Systems Acquisition account funds the acquisition of
equipment for frontline users across the Department.
COMMITTEE RECOMMENDATIONS
The Committee recommends $120,664,000 for Systems
Acquisition. This is $5,118,000 below the amount requested in
the CBRNE Office and $7,653,000 above the amount provided in
fiscal year 2016.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2016 and budget
request levels:
SYSTEMS ACQUISITION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2017
Fiscal year 2016 budget Committee
enacted request\1\ recommendations
----------------------------------------------------------------------------------------------------------------
Securing the Cities....................................... 22,000 ................ 22,000
...........
Radiological and Nuclear Detection Equipment Acquisition.. 91,011 ................ 98,664
...........
-----------------------------------------------------
Total, Systems Acquisition.......................... 113,011 ................ 120,664
...........
----------------------------------------------------------------------------------------------------------------
\1\The budget request proposes to fund DNDO Systems Acquisition in a new CBRNE office at $125,782,000.
RADIOLOGICAL AND NUCLEAR DETECTION EQUIPMENT ACQUISITION
The Committee recommendation includes $120,664,000 for
systems recapitalization and to optimize and refresh radiation
portal monitors for improved sensing and detection. This
recommendation assumes DNDO will allocate $5,196,364 in
available carryover funds to meet the fiscal year 2017
requirements for human portable radiation detection systems.
The Committee understands recapitalization will eventually
provide Department-wide savings by replacing costly,
maintenance-intensive equipment with modernized handheld
radiation isotope identifier device systems with greater
capability and lower annual costs.
SECURING THE CITIES
The Committee recommendation includes $22,000,000 for
Securing the Cities, $289,000 more than the amount requested.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS OF FUNDS)
Section 501. The bill includes a provision that no part of
any appropriation shall remain available for obligation beyond
the current fiscal year unless expressly provided.
Section 502. The bill includes a provision that unexpended
balances of prior appropriations may be merged with new
appropriations accounts and used for the same purpose, subject
to reprogramming guidelines.
Section 503. The bill includes a provision that requires
15-day advance notification for the reprogramming and transfer
of funds; limits authority to reprogram funds within an
appropriations account; and provides authority to transfer up
to five percent out of appropriations accounts. In order to
give the Department flexibility in addressing emerging threats
and challenges, language from prior years limiting the amount
of funds that could be transferred into an appropriation is not
included.
For purposes of reprogramming notifications, ``program,
project, or activity'' is defined as an amount identified in
the detailed funding table located at the end of this statement
or an amount directed for a specific purpose in this statement.
Also for purposes of reprogramming notifications, the creation
of a new program, project, or activity is defined as any
significant new activity that has not been explicitly justified
to the Congress in budget justification material and for which
funds have not been appropriated by the Congress. For further
guidance when determining which movements of funds are subject
to section 503, the Department 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.'' Within 30 days of the date of enactment of this act,
the Department shall submit to the Committees on Appropriations
a table delineating PPAs subject to section 503 notification
requirements, as defined in this paragraph.
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 levels 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, projects, 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 on
Appropriations 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 already been provided,
the Department is not to submit a reprogramming or transfer
request 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. The bill includes a provision relating to the
Department's Working Capital Fund [WCF] that: extends the
authority of the Department's WCF in fiscal year 2017;
prohibits funds appropriated or otherwise made available to the
Department from being used to make payments to the WCF, except
for the activities and amounts allowed in the President's
fiscal year 2017 budget; makes WCF funds available until
expended; ensures departmental components are only charged for
direct usage of each WCF service; makes funds provided to the
WCF available only for purposes consistent with the
contributing component; and requires the WCF to be paid in
advance or reimbursed at rates which will return the full cost
of each service. The WCF table included in the Department's
congressional justification accompanying the President's fiscal
year 2017 budget shall serve as the control level for quarterly
execution reports submitted to the Committee not later than 30
days after the end of each quarter. These reports shall
identify any activity added or removed from the fund.
Section 505. The bill includes a provision that not to
exceed 50 percent of unobligated balances recorded not later
than June 30 from appropriations made for salaries and expenses
in fiscal year 2017 shall remain available through fiscal year
2018, subject to reprogramming.
Section 506. The bill includes a provision providing that
funds for intelligence activities are specifically authorized
during fiscal year 2017 until the enactment of an act
authorizing intelligence activities for fiscal year 2017.
Section 507. The bill includes a provision requiring
notification to the Committees 3 business days before any grant
allocation, grant award, contract award (including Federal
Acquisition Regulation-covered contracts), other transaction
agreement, a task or delivery order on a DHS multiple award
contract, letter of intent, or public announcement of the
intention to make such an award totaling in excess of
$1,000,000. If the Secretary determines that compliance would
pose substantial risk to health, human life, or safety, an
award may be made without prior notification but the Committees
shall be notified within 5 full business days after such award
or letter is issued. Additionally, FEMA is required to brief
the Committees 5 full business days prior to announcing
publicly the intention to make an award under State and Local
Programs. The 3-day notification also pertains to task or
delivery order awards greater than $10,000,000 from multiyear
DHS funds as well as for any sole-source grant awards.
Section 508. The bill includes a provision that no agency
shall purchase, construct, or lease additional facilities for
Federal law enforcement training without the advance approval
of the Committees on Appropriations.
Section 509. The bill includes a provision 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. The bill excludes funds that may be required for
development of a proposed prospectus.
Section 510. The bill includes a provision that
consolidates and continues by reference prior-year statutory
bill language into one provision. These provisions concern
contracting officers' training and Federal building energy
performance.
Section 511. The bill includes a provision that none of the
funds may be used in contravention of the Buy American Act.
Section 512. The bill includes a provision prohibiting
funds to be used to amend the oath of allegiance required by
section 337 of the Immigration and Nationality Act (8 U.S.C.
1448).
Section 513. The bill includes a provision requiring the
Chief Financial Officer to submit monthly budget execution and
staffing reports within 30 days after the close of each month.
Section 514. The bill includes a provision regarding
competitive sourcing for USCIS.
Section 515. The bill includes a provision classifying the
functions of instructor staff at FLETC as inherently
governmental for purposes of the Federal Activities Inventory
Reform Act of 1998.
Section 516. The bill includes a provision requiring the
Secretary to submit a report to OIG listing all grants or
contracts awarded by any means other than full and open
competition for fiscal years 2017 and 2018. OIG is required to
review the report to assess departmental compliance with
applicable laws and regulations and report the results to the
Committees on Appropriations no later than February 15, 2019.
Section 517. The bill includes a provision that precludes
DHS from using funds in this act to carry-out reorganization
authority. This prohibition is not intended to prevent the
Department from making 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. While the Department has developed plans for a
large-scale reorganization of NPPD, such reorganization has not
yet been authorized by the Congress and would be precluded by
this language. The Department may propose minor changes under
section 503 of this act to the Committees on Appropriations.
Section 518. The bill includes a provision that prohibits
the creation of a proposed Chemical, Biological, Radiological,
Nuclear, and Explosives Office without explicit authorization
by the Congress, and facilitates funding realignments related
to the creation of the office if so authorized.
Section 519. The bill includes a provision prohibiting
funding to grant an immigration benefit to any individual
unless the results of background checks required by statute to
be completed prior to the grant of a benefit have been received
by DHS.
Section 520. The bill includes a provision extending other
transactional authority for DHS through fiscal year 2017.
Section 521. The bill includes a provision requiring the
Secretary to link all contracts that provide award fees to
successful acquisition outcomes.
Section 522. The bill includes a provision regarding
waivers of the Jones Act.
Section 523. The bill includes a provision related to
prescription drugs.
Section 524. The bill includes a provision prohibiting
funds from being used to reduce the Coast Guard's Operations
Systems Center mission or its government-employed or contract
staff.
Section 525. The bill includes a provision requiring the
Secretary, in conjunction with the Secretary of the Treasury,
to notify the Committees on proposed transfers of surplus
balances from the Department of the Treasury Forfeiture Fund to
any agency within DHS.
Section 526. The bill includes a provision prohibiting
funds from being used to plan, test, pilot, or develop a
national identification card.
Section 527. The bill includes a provision 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.
Section 528. The bill includes a provision directing that
any official required by this act to report or certify to the
Committees on Appropriations may not delegate such authority
unless expressly authorized to do so in this act.
Section 529. The bill includes a provision extending
current law concerning individuals detained at the Naval
Station, Guantanamo Bay, Cuba.
Section 530. The bill includes a provision prohibiting
funds in this act to be used for first-class travel.
Section 531. The bill includes a provision prohibiting
funds to be used to employ workers in contravention of section
274A(h)(3) of the Immigration and Nationality Act.
Section 532. The bill includes a provision 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.
Section 533. The bill includes a provision prohibiting
funds appropriated or otherwise made available by this act to
pay for award or incentive fees for contractors with below
satisfactory performance or performance that fails to meet the
basic requirements of the contract.
Section 534. The bill includes language that requires the
Secretary to ensure screening of passengers and crews for
transportation and national security purposes are consistent
with applicable laws, regulations, and guidance on privacy and
civil liberties.
Section 535. The bill includes a provision allocating up to
$10,000,000 in Immigration Examination Fees for the purpose of
providing immigrant integration grants in fiscal year 2017.
Section 536. The bill provides a total of $225,532,000 for
consolidation of a new DHS headquarters at St. Elizabeths and
of mission support.
Section 537. The bill includes a provision 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 538. The bill provides $41,215,000 for financial
system modernization and includes a provision allowing the
Secretary to transfer funds made available by this act between
appropriations for the same purpose after notifying the
Committees 15 days in advance.
Section 539. The bill includes a provision providing some
flexibility to the Department for financing a response to an
immigration emergency.
Section 540. The bill includes language stating that the
Secretary shall ensure enforcement of all immigration laws.
Section 541. The bill includes a provision regarding
restrictions on electronic access to pornography, except for
law enforcement purposes.
Section 542. The bill includes a provision regarding the
transfer of an operable firearm by a Federal law enforcement
officer to an agent of a drug cartel.
Section 543. The bill includes a provision prohibiting
funds for the position of Public Advocate or a successor
position in ICE.
Section 544. The bill includes a provision related to CBP
reimbursable service agreements.
Section 545. The bill includes a provision related to DHS
and DOJ personnel in Canada in connection with their
employment.
Section 546. The bill includes language regarding the
number of employees permitted to attend international
conferences.
Section 547. The bill includes a provision prohibiting
funds made available by this act to reimburse any Federal
department or agency for its participation in an NSSE.
Section 548. The bill includes a provision prohibiting
funds from this or any other act from being 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.
Section 549. The bill includes a provision clarifying that
fees collected pursuant to the Colombia Free Trade Agreement
are available until expended.
Section 550. The bill includes a provision on structural
pay reform that affects more than 100 full-time positions or
costs more than $5,000,000 in a single year.
Section 551. The bill includes a provision directing the
Department to post on a public Web site reports required by the
Committees on Appropriations unless public posting compromises
homeland or national security or contains proprietary
information.
Section 552. The bill includes a provision that prohibits
the collection of new land border fees or the study of the
imposition of such a border fee.
Section 553. The bill includes a provision that allows the
costs of providing humanitarian relief to unaccompanied alien
children and to alien adults and their minor children to be an
eligible use for certain Homeland Security grants.
Section 554. The bill includes a provision related to user
fee proposals that have not been enacted into law prior to
submission of the budget.
Section 555. The bill includes a provision related to the
Arms Trade Treaty.
Section 556. The bill includes a provision related to
earthen levies.
Section 557. The bill includes a provision transferring
funds from the Disaster Assistance Direct Loan Program to the
Disaster Relief Fund.
Section 558. The bill includes a provision relating to the
annual pay cap with respect to the Secret Service during an
election year.
Section 559. The bill rescinds unobligated balances from
prior year appropriations from accounts across the Department.
Section 560. The bill rescinds unobligated balances made
available to the Department when it was created in 2003.
Section 561. The bill permanently rescinds $100,000,000
from the unobligated balances in the Department of the Treasury
Forfeiture Fund.
Section 562. The bill rescinds unobligated balances of
prior year appropriations in the Disaster Relief Fund for non-
major disaster programs due to the significant balances carried
over from prior years and amounts recovered from previous
disasters during project closeouts. The rescission of funds
will have no impact on FEMA's ability to aid in recovery from
past disasters or respond to future disasters.
PROGRAM, PROJECT, AND ACTIVITY
In fiscal year 2017, for purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-177),
as amended, the following information provides the definition
of the term ``program, project, and activity'' for the
components of the Department of Homeland Security under the
jurisdiction of the Homeland Security Subcommittee of the
Committee on Appropriations. The term ``program, project, and
activity'' shall include the most specific level of budget
items identified in the Department of Homeland Security
Appropriations Act, 2017, the House and Senate Committee
reports, and the conference report and the accompanying joint
explanatory statement of the managers of the committee of
conference.
If a percentage reduction is necessary, in implementing
that reduction, components of the Department of Homeland
Security shall apply any percentage reduction required for
fiscal year 2017 to all items specified in the justifications
submitted to the Committees on Appropriations of the Senate and
the House of Representatives in support of the fiscal year 2017
budget estimates, as amended, for such components, as modified
by congressional action.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
SENATE
Paragraph 7 of rule XVI requires that Committee reports
accompanying general appropriations bills identify each
recommended amendment which proposes an item of appropriation
which is not made to carry out the provisions of an existing
law, a treaty stipulation, or an act or resolution previously
passed by the Senate during that session.
The Committee recommends funding for the following programs
or activities which currently lack authorization for fiscal
year 2017:
Analysis and Operations.
U.S. Customs and Border Protection: Salaries and Expenses;
Automation Modernization; and Air and Marine Operations.
U.S. Immigration and Customs Enforcement: Salaries and
Expenses.
Transportation Security Administration: Aviation Security;
Surface Transportation Security; Transportation Threat
Assessment and Credentialing; and Federal Air Marshals.
Coast Guard: Operating Expenses; Environmental Compliance
and Restoration; Reserve Training; Acquisition, Construction,
and Improvements; Research, Development, Test, and Evaluation;
and Retired Pay.
National Protection and Programs Directorate:
Infrastructure Protection and Information Security.
Federal Emergency Management Agency: Salaries and Expenses;
State and Local Programs; Emergency Management Performance
Grants; National Predisaster Mitigation Fund, and Emergency
Food and Shelter.
COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on May 26, 2016,
the Committee ordered favorably reported an original bill (S.
3001) making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2017, and for
other purposes, provided, that the bill be subject to amendment
and that the bill be consistent with its budget allocation, and
provided that the Chairman of the Committee or his designee be
authorized to offer the substance of the original bill as a
Committee amendment in the nature of a substitute to the House
companion measure, by a recorded vote of 30-0, a quorum being
present. The vote was as follows:
Yeas Nays
Chairman Cochran
Mr. McConnell
Mr. Shelby
Mr. Alexander
Ms. Collins
Ms. Murkowski
Mr. Graham
Mr. Kirk
Mr. Blunt
Mr. Moran
Mr. Hoeven
Mr. Boozman
Mrs. Capito
Mr. Cassidy
Mr. Lankford
Mr. Daines
Ms. Mikulski
Mr. Leahy
Mrs. Murray
Mrs. Feinstein
Mr. Durbin
Mr. Reed
Mr. Tester
Mr. Udall
Mrs. Shaheen
Mr. Merkley
Mr. Coons
Mr. Schatz
Ms. Baldwin
Mr. Murphy
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of rule XXVI requires that Committee reports
on a bill or joint resolution repealing or amending any statute
or part of any statute include ``(a) the text of the statute or
part thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint resolution
making the amendment and of the statute or part thereof
proposed to be amended, showing by stricken-through type and
italics, parallel columns, or other appropriate typographical
devices the omissions and insertions which would be made by the
bill or joint resolution if enacted in the form recommended by
the committee.''
In compliance with this rule, changes in existing law
proposed to be made by the bill are shown as follows: existing
law to be omitted is enclosed in black brackets; new matter is
printed in italic; and existing law in which no change is
proposed is shown in roman.
TITLE 6--DOMESTIC SECURITY
CHAPTER 1--HOMELAND SECURITY ORGANIZATION
Subchapter VIII--Coordination With Non-Federal Entities; Inspector
General; United States Secret Service; Coast Guard; General Provisions
Sec. 391. Research and development projects
(a) Authority
[Until September 30, 2016,] Until September 30, 2017, and
subject to subsection (d), the Secretary may carry out a pilot
program under which the Secretary may exercise the following
authorities:
* * * * * * *
(c) Additional requirements
(1) In general
The authority of the Secretary under this section
shall terminate [September 30, 2016,] September 30,
2017, unless before that date the Secretary--
------
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
Chap.
201. General provisions........................................... 3001
* * * * * * *
[212A. Extraterritorial jurisdiction over certain trafficking in
persons offenses.................................... 3271]
3271Extraterritorial jurisdiction over certain offenses.........
* * * * * * *
CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER CERTAIN [TRAFFICKING
IN PERSONS] OFFENSES
Sec.
3271. Trafficking in persons offenses committed by persons employed by
or accompanying the Federal Government outside the United
States.
3272. Definitions.
3273. Offenses committed by certain United States personnel stationed in
Canada in furtherance of border security initiatives.
* * * * * * *
Chapter 212A--Extraterritorial Jurisdiction Over Certain [Trafficking
in Persons] Offenses
Sec. 3272. Procedures
* * * * * * *
Sec. 3273. Offenses committed by certain United States personnel
stationed in Canada in furtherance of border
security initiatives
(a) In General.--Whoever, while employed by the Department
of Homeland Security or the Department of Justice and stationed
or deployed in Canada pursuant to a treaty, executive
agreement, or bilateral memorandum in furtherance of a border
security initiative, engages in conduct (or conspires or
attempts to engage in conduct) in Canada that would constitute
an offense for which a person may be prosecuted in a court of
the United States had the conduct been engaged in within the
United States or within the special maritime and territorial
jurisdiction of the United States shall be fined or imprisoned,
or both, as provided for that offense.
(b) Definition.--In this section, the term `employed by the
Department of Homeland Security or the Department of Justice'
means--
(1) being employed as a civilian employee, a
contractor (including a subcontractor at any tier), an
employee of a contractor (or a subcontractor at any
tier), a grantee (including a contractor of a grantee
or a subgrantee or subcontractor at any tier), or an
employee of a grantee (or a contractor of a grantee or
a subgrantee or subcontractor at any tier) of the
Department of Homeland Security or the Department of
Justice;
(2) being present or residing in Canada in
connection with such employment; and
(3) not being a national of or ordinarily resident
in Canada.
------
TITLE 42--THE PUBLIC HEALTH AND WELFARE
Chapter 46--Justice System Improvement
Subchapter VII--FBI Training of State and Local Criminal Justice
Personnel
Sec. 3771. Training and manpower development
(a) Functions, powers, and duties of Director of Federal Bureau
of Investigation
* * * * * * *
Employment of Annuitants by Federal Law Enforcement Training Center
Pub. L. 107-206, title I, Sec. 1202, Aug. 2, 2002, 116
Stat. 887, as amended by Pub. L. 109-295, title IV, Oct. 4,
2006, 120 Stat. 1374; Pub. L. 110-161, div. E, title IV, Dec.
26, 2007, 121 Stat. 2068; Pub. L. 110-329, div. D, title IV,
Sept. 30, 2008, 122 Stat. 3677; Pub. L. 111-83, title IV, Oct.
28, 2009, 123 Stat. 2166; Pub. L. 112-74, div. D, title IV,
Dec. 23, 2011, 125 Stat. 966, provided that:
(a) The Federal Law Enforcement Training Center may, for a
period ending not later than [December 31, 2018] December 31,
2019, appoint and maintain a cadre of up to 350 Federal
annuitants: (1) without regard to any provision of title 5,
United States Code, which might otherwise require the
application of competitive hiring procedures; and (2) who shall
not be subject to any reduction in pay (for annuity allocable
to the period of actual employment) under the provisions of
section 8344 or 8468 of such title 5 or similar provision of
any other retirement system for employees. A reemployed Federal
annuitant as to whom a waiver of reduction under paragraph (2)
applies shall not, for any period during which such waiver is
in effect, be considered an employee for purposes of subchapter
III of chapter 83 or chapter 84 of title 5, United States Code,
or such other retirement system (referred to in paragraph (2))
as may apply.
------
TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2001, PUBLIC LAW
106-554--APPENDIX C
TITLE I--DEPARTMENT OF THE TREASURY
General Provisions--Department of the Tresury
Sec. 110. * * *
* * * * * * *
Sec. 118. Hereafter, funds made available by this or any
other Act may be used to pay premium pay for protective
services authorized by section 3056(a) of title 18, United
States Code, without regard to the limitation on the rate of
pay payable during a pay period contained in section 5547(c)(2)
of title 5, United States Code, except that such premium pay
shall not be payable to an employee to the extent that the
aggregate of the employee's basic and premium pay [for the year
would] for calendar years 2016 and 2020, would exceed the rate
of basic pay payable for level III of the Executive Schedule,
and for any other year, would otherwise exceed the annual
equivalent of that limitation. The term premium pay refers to
the provisions of law cited in the first sentence of section
5547(a) of title 5, United States Code. Payment of additional
premium pay payable under this section may be made in a lump
sum on the last payday of the calendar year.
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
-------------------------------------------------------
Committee Amount in Committee Amount in
allocation bill allocation bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with the subcommittee
allocation for 2017: Subcommittee on Homeland Security:
Mandatory........................................... 1,623 1,623 1,621 \1\1,621
Discretionary....................................... 41,201 48,073 46,938 \1\46,920
Security........................................ 1,877 2,040 NA NA
Nonsecurity..................................... 39,324 46,033 NA NA
Projection of outlays associated with the
recommendation:
2017................................................ ............ ............ ............ \2\28,165
2018................................................ ............ ............ ............ 8,505
2019................................................ ............ ............ ............ 5,192
2020................................................ ............ ............ ............ 2,037
2021 and future years............................... ............ ............ ............ 4,735
Financial assistance to State and local governments for NA 5,991 NA \2\361
2017...................................................
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Excludes outlays from prior-year budget authority.
NA: Not applicable.
NOTE.--Consistent with the funding recommended in the bill for disaster funding, as an emergency requirement,
and for overseas contingency operations and in accordance with subparagraphs (D), (A)(i), and (A)(ii) of
section 251(b)(2) of the BBEDCA of 1985, the Committee anticipates that the Budget Committee will provide a
revised 302(a) allocation for the Committee on Appropriations reflecting an upward adjustment of
$6,872,000,000 in budget authority plus associated outlays.
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2016 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2017
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation
compared with (+ or -)
Item 2016 Budget estimate Committee ---------------------------------
appropriation recommendation 2016
appropriation Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Departmental Operations
Office of the Secretary and Executive Management:
Immediate Office of the Secretary.............................. 8,922 12,428 12,378 +3,456 -50
Immediate Office of the Deputy Secretary....................... 1,748 1,734 1,734 -14 ...............
Office of the Chief of Staff................................... 2,696 2,644 2,634 -62 -10
Executive Secretary............................................ 5,601 5,481 5,441 -160 -40
Office of Policy............................................... 39,077 37,049 37,129 -1,948 +80
Office of Public Affairs....................................... 5,472 5,384 5,384 -88 ...............
Office of Legislative Affairs.................................. 5,363 5,287 5,287 -76 ...............
Office of Partnership and Engagement........................... 13,074 11,692 11,592 -1,482 -100
Office of General Counsel...................................... 19,472 19,298 19,248 -224 -50
Office for Civil Rights and Civil Liberties.................... 21,800 21,403 21,203 -597 -200
Citizenship and Immigration Services Ombudsman................. 6,272 6,200 6,200 -72 ...............
Privacy Officer................................................ 7,969 7,851 7,851 -118 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 137,466 136,451 136,081 -1,385 -370
Office of the Under Secretary for Management:
Immediate Office of the Under Secretary for Management......... 3,393 3,758 3,658 +265 -100
Office of the Chief Security Officer........................... 69,120 61,723 60,723 -8,397 -1,000
Office of the Chief Procurement Officer........................ 60,630 101,452 96,952 +36,322 -4,500
------------------------------------------------------------------------------------
Subtotal..................................................... 133,143 166,933 161,333 +28,190 -5,600
Office of the Chief Human Capital Officer:
Salaries and expenses...................................... 24,198 36,447 36,447 +12,249 ...............
Human resources information technology program............. 7,778 ............... ............... -7,778 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 31,976 36,447 36,447 +4,471 ...............
Office of the Chief Readiness Support Officer:
Salaries and expenses...................................... 27,235 25,664 25,164 -2,071 -500
Nebraska Avenue Complex.................................... 4,456 2,931 2,931 -1,525 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 31,691 28,595 28,095 -3,596 -500
------------------------------------------------------------------------------------
Subtotal, Office of the Under Secretary for Management... 196,810 231,975 225,875 +29,065 -6,100
Office of the Chief Financial Officer.............................. 56,420 58,825 58,425 +2,005 -400
Office of the Chief Information Officer:
Salaries and expenses.......................................... 109,957 110,000 102,000 -7,957 -8,000
Information technology services................................ 91,000 98,494 96,394 +5,394 -2,100
Infrastructure and security activities......................... 54,087 54,087 54,087 ............... ...............
Homeland Secure Data Network................................... 54,932 54,932 54,932 ............... ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 309,976 317,513 307,413 -2,563 -10,100
Analysis and Operations............................................ 264,714 265,719 260,201 -4,513 -5,518
------------------------------------------------------------------------------------
Total, Departmental Operations............................... 965,386 1,010,483 987,995 +22,609 -22,488
====================================================================================
Office of Inspector General:
Operating expenses............................................. 137,488 157,144 155,144 +17,656 -2,000
(By transfer from Disaster Relief)......................... (24,000) (24,000) (24,000) ............... ...............
------------------------------------------------------------------------------------
Total, Office of Inspector General....................... 161,488 181,144 179,144 +17,656 -2,000
====================================================================================
Total, title I, Departmental Management and Operations....... 1,102,874 1,167,627 1,143,139 +40,265 -24,488
(By transfer)............................................ (24,000) (24,000) (24,000) ............... ...............
====================================================================================
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
Salaries and Expenses:
Headquarters, Management, and Administration:
Commissioner............................................... 30,139 31,718 30,589 +450 -1,129
Chief Counsel.............................................. 48,239 53,543 50,201 +1,962 -3,342
Congressional Affairs...................................... 2,444 2,950 2,915 +471 -35
Internal Affairs........................................... 165,223 185,784 174,175 +8,952 -11,609
Public Affairs............................................. 14,644 19,862 18,519 +3,875 -1,343
Training and development................................... 73,939 105,998 86,866 +12,927 -19,132
Tech, innovation, acquisition.............................. 24,933 29,156 26,353 +1,420 -2,803
Intelligence............................................... 72,038 78,682 76,244 +4,206 -2,438
Administration............................................. 381,369 426,151 396,287 +14,918 -29,864
Rent....................................................... 629,046 635,361 630,909 +1,863 -4,452
------------------------------------------------------------------------------------
Subtotal................................................. 1,442,014 1,569,205 1,493,058 +51,044 -76,147
Border Security Inspections and Trade Facilitation:
Inspections, trade, and travel facilitation at ports of 2,981,606 3,108,100 3,053,046 +71,440 -55,054
entry.....................................................
Reimbursable preclearance authority........................ ............... 8,000 ............... ............... -8,000
Harbor maintenance fee collection (trust fund)............. 3,274 3,274 3,274 ............... ...............
International cargo screening.............................. 59,709 56,491 55,721 -3,988 -770
Other international programs............................... 25,087 27,387 25,846 +759 -1,541
Customs-Trade Partnership Against Terrorism [C-TPAT]....... 36,593 38,606 37,239 +646 -1,367
Trusted Traveler programs.................................. 5,811 5,811 5,811 ............... ...............
Inspection and detection technology investments............ 209,273 173,785 173,737 -35,536 -48
National Targeting Center.................................. 75,890 115,282 114,554 +38,664 -728
Training................................................... 38,258 49,929 49,823 +11,565 -106
Office of Biometric Identity Management.................... ............... 305,536 ............... ............... -305,536
------------------------------------------------------------------------------------
Subtotal................................................. 3,435,501 3,892,201 3,519,051 +83,550 -373,150
Border Security and Control Between Ports of Entry:
Border security and control................................ 3,696,450 3,864,866 3,790,936 +94,486 -73,930
UAC Contingency Fund....................................... ............... 13,000 ............... ............... -13,000
Training................................................... 54,937 59,476 54,138 -799 -5,338
------------------------------------------------------------------------------------
Subtotal................................................. 3,751,387 3,937,342 3,845,074 +93,687 -92,268
------------------------------------------------------------------------------------
Subtotal, Salaries and Expenses.......................... 8,628,902 9,398,748 8,857,183 +228,281 -541,565
Appropriations......................................... (8,625,628) (9,395,474) (8,853,909) (+228,281) (-541,565)
Harbor Maintenance Trust Fund.......................... (3,274) (3,274) (3,274) ............... ...............
Small Airport User Fee (permanent indefinite discretionary 9,097 9,415 9,415 +318 ...............
appropriation)....................................................
Automation Modernization:
Information technology......................................... 363,728 407,206 379,861 +16,133 -27,345
Automated targeting systems.................................... 122,669 122,646 122,617 -52 -29
Automated Commercial Environment/International Trade Data 151,184 122,591 122,467 -28,717 -124
System [ITDS].................................................
Current Operations Protection and Processing Support [COPPS]... 191,879 188,283 188,261 -3,618 -22
------------------------------------------------------------------------------------
Subtotal..................................................... 829,460 840,726 813,206 -16,254 -27,520
Border Security Fencing, Infrastructure, and Technology [BSFIT]:
Development and deployment..................................... 273,931 82,620 82,620 -191,311 ...............
Operations and maintenance..................................... 173,530 246,617 266,617 +93,087 +20,000
------------------------------------------------------------------------------------
Subtotal..................................................... 447,461 329,237 349,237 -98,224 +20,000
Air and Marine Operations:
Salaries and expenses.......................................... 300,429 330,009 315,332 +14,903 -14,677
Operations and maintenance..................................... 409,969 399,651 416,951 +6,982 +17,300
Procurement.................................................... 91,900 68,617 124,717 +32,817 +56,100
------------------------------------------------------------------------------------
Subtotal..................................................... 802,298 798,277 857,000 +54,702 +58,723
Construction and Facilities Management:
Facilities construction and sustainment........................ 255,378 224,289 217,289 -38,089 -7,000
Program oversight and management............................... 84,750 81,465 79,111 -5,639 -2,354
------------------------------------------------------------------------------------
Subtotal..................................................... 340,128 305,754 296,400 -43,728 -9,354
------------------------------------------------------------------------------------
Total, U.S. Customs and Border Protection Direct 11,057,346 11,682,157 11,182,441 +125,095 -499,716
Appropriations..............................................
====================================================================================
Fee Accounts:
Immigration inspection user fee................................ (652,699) (677,894) (677,894) (+25,195) ...............
Immigration enforcement fines.................................. (633) (860) (860) (+227) ...............
Electronic system for travel authorization fee................. (57,332) (58,301) (58,301) (+969) ...............
Land border inspection fee..................................... (34,724) (46,517) (46,517) (+11,793) ...............
COBRA passenger inspection fee................................. (506,877) (523,737) (523,737) (+16,860) ...............
APHIS inspection fee........................................... (515,810) (534,515) (534,515) (+18,705) ...............
Global entry user fee.......................................... (91,789) (96,297) (96,297) (+4,508) ...............
Puerto Rico trust fund......................................... (99,058) (99,551) (99,551) (+493) ...............
Virgin Island fee.............................................. (11,867) (11,176) (11,176) (-691) ...............
Customs unclaimed goods........................................ (5,992) (5,992) (5,992) ............... ...............
------------------------------------------------------------------------------------
Subtotal, Fee Accounts....................................... (1,976,781) (2,054,840) (2,054,840) (+78,059) ...............
------------------------------------------------------------------------------------
Total, U.S. Customs and Border Protection.................... 13,034,127 13,736,997 13,237,281 +203,154 -499,716
Appropriations........................................... (11,057,346) (11,682,157) (11,182,441) (+125,095) (-499,716)
Fee accounts............................................. (1,976,781) (2,054,840) (2,054,840) (+78,059) ...............
====================================================================================
U.S. Immigration and Customs Enforcement
Salaries and Expenses:
Headquarters Management and Administration:
Personnel compensation and benefits, services and other 190,880 203,015 191,019 +139 -11,996
costs.....................................................
Headquarter-managed IT investment.......................... 148,957 161,474 161,783 +12,826 +309
------------------------------------------------------------------------------------
Subtotal................................................. 339,837 364,489 352,802 +12,965 -11,687
Legal proceedings.............................................. 239,894 268,393 257,787 +17,893 -10,606
Investigations:
Domestic investigations.................................... 1,761,829 1,892,183 1,844,231 +82,402 -47,952
International investigations:
International operations............................... 107,210 114,255 113,551 +6,341 -704
Visa Security Program.................................. 32,561 32,496 45,484 +12,923 +12,988
------------------------------------------------------------------------------------
Subtotal............................................. 139,771 146,751 159,035 +19,264 +12,284
------------------------------------------------------------------------------------
Subtotal, Investigations............................. 1,901,600 2,038,934 2,003,266 +101,666 -35,668
Intelligence................................................... 79,768 81,996 80,141 +373 -1,855
Enforcement and Removal Operations:
Custody operations......................................... 2,316,744 2,178,963 2,321,866 +5,122 +142,903
Fugitive operations........................................ 156,572 133,133 151,129 -5,443 +17,996
Criminal Alien Program..................................... 317,177 347,455 318,091 +914 -29,364
Alternatives to detention.................................. 114,275 125,966 124,866 +10,591 -1,100
Transportation and Removal Program......................... 313,174 315,647 324,236 +11,062 +8,589
UAC Contingency Fund....................................... ............... 7,000 ............... ............... -7,000
------------------------------------------------------------------------------------
Subtotal................................................. 3,217,942 3,108,164 3,240,188 +22,246 +132,024
------------------------------------------------------------------------------------
Subtotal, Salaries and Expenses.......................... 5,779,041 5,861,976 5,934,184 +155,143 +72,208
Automation Modernization:
Consolidated ICE financial solution............................ 5,000 11,800 11,800 +6,800 ...............
TECS modernization............................................. 21,500 21,000 16,000 -5,500 -5,000
IT refresh..................................................... 4,000 10,430 2,000 -2,000 -8,430
Tactical communucations........................................ 18,500 ............... ............... -18,500 ...............
ICE operational data store..................................... 4,000 ............... ............... -4,000 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 53,000 43,230 29,800 -23,200 -13,430
Construction....................................................... ............... 7,000 ............... ............... -7,000
------------------------------------------------------------------------------------
Total, U.S. Immigration and Customs Enforcement Direct 5,832,041 5,912,206 5,963,984 +131,943 +51,778
Appropriations..............................................
====================================================================================
Fee Accounts:
Immigration inspection user fee................................ (135,000) (135,000) (135,000) ............... ...............
Breached Bond/Detention Fund................................... (42,000) (42,000) (42,000) ............... ...............
Student exchange visitor program fee........................... (145,000) (145,000) (171,000) (+26,000) (+26,000)
------------------------------------------------------------------------------------
Subtotal..................................................... 322,000 322,000 348,000 +26,000 +26,000
------------------------------------------------------------------------------------
Total, U.S. Immigration and Customs Enforcement.............. 6,154,041 6,234,206 6,311,984 +157,943 +77,778
Appropriations........................................... (5,832,041) (5,912,206) (5,963,984) (+131,943) (+51,778)
Fee accounts............................................. (322,000) (322,000) (348,000) (+26,000) (+26,000)
====================================================================================
Transportation Security Administration
Aviation Security:
Screening Partnership Program.................................. 166,928 170,382 170,382 +3,454 ...............
Screener personnel, compensation, and benefits................. 2,973,839 3,045,941 3,088,302 +114,463 +42,361
Screener training and other.................................... 239,025 235,668 240,388 +1,363 +4,720
Checkpoint support............................................. 111,201 115,305 115,305 +4,104 ...............
EDS procurement/installation................................... 82,168 82,939 82,939 +771 ...............
Screening technology maintenance............................... 280,509 280,500 280,500 -9 ...............
Aviation regulation and other enforcement...................... 337,345 349,687 374,042 +36,697 +24,355
Airport management and support................................. 597,899 598,724 602,163 +4,264 +3,439
Federal Flight Deck Officer and flight crew training........... 20,758 19,773 22,473 +1,715 +2,700
Air cargo...................................................... 104,689 106,575 106,575 +1,886 ...............
Federal Air Marshals........................................... 805,076 815,313 815,313 +10,237 ...............
Aviation Security Capital Fund (mandatory)..................... (250,000) (250,000) (250,000) ............... ...............
------------------------------------------------------------------------------------
Subtotal, Aviation Security (gross).......................... 5,719,437 5,820,807 5,898,382 +178,945 +77,575
Aviation security fees (offsetting collections).................... -2,130,000 -2,130,000 -2,130,000 ............... ...............
Additional offsetting collections (leg. proposal).................. ............... -880,000 ............... ............... +880,000
------------------------------------------------------------------------------------
Subtotal, Aviation Security (net, discretionary)............. 3,589,437 2,810,807 3,768,382 +178,945 +957,575
Surface Transportation Security:
Staffing and operations........................................ 28,148 27,700 27,700 -448 ...............
Surface inspectors and VIPR.................................... 82,650 95,016 95,016 +12,366 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 110,798 122,716 122,716 +11,918 ...............
Intelligence and Vetting:
Intelligence................................................... 52,003 57,360 57,360 +5,357 ...............
Secure flight.................................................. 105,651 101,721 101,721 -3,930 ...............
Other vetting programs......................................... 79,039 72,051 72,051 -6,988 ...............
TWIC fee....................................................... (82,267) (96,163) (96,163) (+13,896) ...............
Hazardous material fee......................................... (21,083) (21,083) (21,083) ............... ...............
General aviation at DCA fee.................................... (400) (400) (400) ............... ...............
Commercial aviation and airport fee............................ (6,500) (6,500) (6,500) ............... ...............
Other security threat assessments fee.......................... (50) (50) (50) ............... ...............
Air Cargo/Certified Cargo Screening Program fee................ (3,500) (3,500) (3,500) ............... ...............
TSA Precheck Application Program fee........................... (80,153) (80,153) (80,153) ............... ...............
Alien flight school fee........................................ (5,200) (5,200) (5,200) ............... ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 435,846 444,181 444,181 +8,335 ...............
Direct Appropriations.................................... (236,693) (231,132) (231,132) (-5,561) ...............
Fee funded programs...................................... (199,153) (213,049) (213,049) (+13,896) ...............
Transportation Security Support:
Headquarters administration.................................... 273,259 290,212 281,622 +8,363 -8,590
Information technology......................................... 449,160 459,118 461,155 +11,995 +2,037
Human capital services......................................... 201,596 202,045 210,448 +8,852 +8,403
------------------------------------------------------------------------------------
Subtotal..................................................... 924,015 951,375 953,225 +29,210 +1,850
------------------------------------------------------------------------------------
Total, Transportation Security Administration................ 7,440,096 7,589,079 7,668,504 +228,408 +79,425
Offsetting collections................................... (-2,130,000) (-2,130,000) (-2,130,000) ............... ...............
Offsetting collections (legislative proposal)............ ............... (-880,000) ............... ............... (+880,000)
Aviation Security Capital Fund (mandatory)............... (250,000) (250,000) (250,000) ............... ...............
Fee funded programs...................................... (199,153) (213,049) (213,049) (+13,896) ...............
------------------------------------------------------------------------------------
Total, Transportation Security Administration (net).... 4,860,943 4,116,030 5,075,455 +214,512 +959,425
====================================================================================
Coast Guard
Operating Expenses:
Military pay and allowances.................................... 3,488,617 3,597,319 3,587,319 +98,702 -10,000
Civilian pay and benefits...................................... 792,229 817,324 817,324 +25,095 ...............
Training and recruiting........................................ 206,498 198,605 198,605 -7,893 ...............
Operating funds and unit level maintenance..................... 1,027,780 996,204 996,954 -30,826 +750
Centrally managed accounts..................................... 329,906 329,099 329,099 -807 ...............
Intermediate and depot level maintenance....................... 1,056,458 1,048,264 1,048,264 -8,194 ...............
Overseas contingency operations/global war on terrorism........ 160,002 ............... 162,692 +2,690 +162,692
------------------------------------------------------------------------------------
Subtotal..................................................... 7,061,490 6,986,815 7,140,257 +78,767 +153,442
(Defense)................................................ (500,002) (340,000) (502,692) (+2,690) (+162,692)
(Nondefense)............................................. (6,561,488) (6,646,815) (6,637,565) (+76,077) (-9,250)
Environmental compliance and restoration........................... 13,221 13,315 13,315 +94 ...............
Reserve training................................................... 110,614 112,302 112,302 +1,688 ...............
Acquisition, construction, and improvements:
Vessels:
Survey and design-vessel and boats......................... 15,000 6,500 8,500 -6,500 +2,000
In-Service vessel sustainment.............................. 68,000 79,000 94,000 +26,000 +15,000
National security cutter................................... 743,400 127,000 255,400 -488,000 +128,400
Offshore patrol cutter..................................... 89,000 100,000 100,000 +11,000 ...............
Fast response cutter....................................... 340,000 240,000 325,000 -15,000 +85,000
Cutter boats............................................... 3,000 4,000 4,000 +1,000 ...............
Polar ice breaking vessel.................................. 6,000 147,600 14,000 +8,000 -133,600
------------------------------------------------------------------------------------
Subtotal................................................. 1,264,400 704,100 800,900 -463,500 +96,800
Aircraft:
HC-144 conversion/sustainment.............................. 3,000 25,500 25,500 +22,500 ...............
HC-27J conversion/sustainment.............................. 102,000 130,000 130,000 +28,000 ...............
HC-130J acquisition/conversion/sustainment................. 150,000 20,800 21,800 -128,200 +1,000
HH-65 conversion/sustainment............................... 40,000 25,000 25,000 -15,000 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 295,000 201,300 202,300 -92,700 +1,000
Other Acquisition Programs:
Other equipment and systems................................ ............... 8,055 8,055 +8,055 ...............
Program oversight and management........................... 20,000 20,000 20,000 ............... ...............
C4ISR...................................................... 36,600 24,300 24,300 -12,300 ...............
CG-Logistics information management system................. 8,500 7,000 7,000 -1,500 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 65,100 59,355 59,355 -5,745 ...............
Shore Facilities and Aids to Navigation:
Major construction; Housing; ATON; and survey and design... 124,600 18,100 18,100 -106,500 ...............
Major acquisition systems infrastructure................... 52,000 28,000 50,000 -2,000 +22,000
Minor shore................................................ 5,000 5,000 5,000 ............... ...............
------------------------------------------------------------------------------------
Subtotal................................................. 181,600 51,100 73,100 -108,500 +22,000
Military housing............................................... 21,000 ............... ............... -21,000 ...............
Personnel and related support:
Direct personnel costs..................................... 118,069 120,933 120,933 +2,864 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 118,069 120,933 120,933 +2,864 ...............
------------------------------------------------------------------------------------
Subtotal, Acquisition, Construction, and Improvements.... 1,945,169 1,136,788 1,256,588 -688,581 +119,800
Research, development, test, and evaluation........................ 18,019 18,319 36,819 +18,800 +18,500
Health Care Fund contribution (permanent indefinite discretionary 169,306 176,000 176,000 +6,694 ...............
appropriation)....................................................
Retired pay (mandatory)............................................ 1,604,000 1,666,940 1,666,940 +62,940 ...............
------------------------------------------------------------------------------------
Total, Coast Guard........................................... 10,921,819 10,110,479 10,402,221 -519,598 +291,742
Appropriations........................................... (10,761,817) (10,110,479) (10,239,529) (-522,288) (+129,050)
Overseas contingency operations/global war on terrorism.. (160,002) ............... (162,692) (+2,690) (+162,692)
====================================================================================
United States Secret Service
Salaries and Expenses:
Protection:
Protection of persons and facilities....................... 911,480 1,006,054 991,054 +79,574 -15,000
Protective intelligence activities......................... 70,967 72,413 72,413 +1,446 ...............
National Special Security Event Fund....................... 4,500 4,500 4,500 ............... ...............
Presidential candidate nominee protection.................. 203,687 72,134 72,134 -131,553 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 1,190,634 1,155,101 1,140,101 -50,533 -15,000
Investigations:
Domestic field operations.................................. 336,911 347,653 356,653 +19,742 +9,000
International field office administration, Operations and 31,378 34,572 34,572 +3,194 ...............
training..................................................
Support for missing and exploited children................. 8,366 2,366 8,366 ............... +6,000
------------------------------------------------------------------------------------
Subtotal................................................. 376,655 384,591 399,591 +22,936 +15,000
Headquarters, management and administration.................... 231,706 203,799 203,799 -27,907 ...............
Rowley Training Center......................................... 54,474 57,533 57,533 +3,059 ...............
Information integration and technology transformation.......... 1,057 1,085 1,085 +28 ...............
------------------------------------------------------------------------------------
Subtotal, Salaries and Expenses.............................. 1,854,526 1,802,109 1,802,109 -52,417 ...............
Acquisition, Construction, Improvements, and Related Expenses:
Facilities..................................................... 24,282 5,557 5,557 -18,725 ...............
Protection of persons and facilities........................... 11,000 38,216 38,216 +27,216 ...............
Information integration and technology transformation.......... 43,737 45,237 45,237 +1,500 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 79,019 89,010 89,010 +9,991 ...............
------------------------------------------------------------------------------------
Total, United States Secret Service.......................... 1,933,545 1,891,119 1,891,119 -42,426 ...............
====================================================================================
Total, title II, Security, Enforcement, and Investigations... 34,605,694 33,711,991 34,515,220 -90,474 +803,229
Appropriations........................................... (36,575,692) (36,721,991) (36,482,528) (-93,164) (-239,463)
Offsetting collections................................... (-2,130,000) (-2,130,000) (-2,130,000) ............... ...............
Offsetting collections (legislative proposal)............ ............... (-880,000) ............... ............... (+880,000)
Overseas contingency operations/global war on terrorism.. (160,002) ............... (162,692) (+2,690) (+162,692)
(Fee accounts)........................................... (2,497,934) (2,589,889) (2,615,889) (+117,955) (+26,000)
====================================================================================
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
Management and administration...................................... 62,132 62,077 56,536 -5,596 -5,541
Infrastructure Protection and Information Security:
Infrastructure Protection:
Infrastructure analysis and planning....................... 75,010 56,342 73,814 -1,196 +17,472
Sector management and governance........................... 70,848 64,972 61,084 -9,764 -3,888
Regional field operations.................................. 49,151 56,259 49,790 +639 -6,469
Infrastructure security compliance......................... 78,400 78,667 72,331 -6,069 -6,336
------------------------------------------------------------------------------------
Subtotal, Infrastructure Protection...................... 273,409 256,240 257,019 -16,390 +779
Cybersecurity and Communications:
Cybersecurity:
Cybersecurity coordination............................. 4,434 4,337 4,337 -97 ...............
US Computer Emergency Readiness Team [US-CERT] 94,485 128,850 117,042 +22,557 -11,808
operations............................................
Federal network security............................... 136,055 315,760 281,543 +145,488 -34,217
Network security deployment............................ 475,822 486,105 480,489 +4,667 -5,616
Global cybersecurity management........................ 26,702 16,487 23,749 -2,953 +7,262
Critical infrastructure cyber protection and awareness. 74,229 99,443 91,180 +16,951 -8,263
Business operations.................................... 7,022 6,561 6,561 -461 ...............
------------------------------------------------------------------------------------
Subtotal, Cybersecurity.............................. 818,749 1,057,543 1,004,901 +186,152 -52,642
Communications:
Office of Emergency Communications..................... 34,205 32,680 33,860 -345 +1,180
Priority telecommunications services................... 63,095 63,957 63,957 +862 ...............
Next generation networks............................... 80,384 89,780 89,780 +9,396 ...............
Programs to study and enhance telecommunications....... 10,334 10,221 10,221 -113 ...............
Critical infrastructure protection programs............ 10,824 16,270 14,974 +4,150 -1,296
------------------------------------------------------------------------------------
Subtotal, Communications............................. 198,842 212,908 212,792 +13,950 -116
------------------------------------------------------------------------------------
Subtotal, Cybersecurity and Communications........... 1,017,591 1,270,451 1,217,693 +200,102 -52,758
------------------------------------------------------------------------------------
Subtotal, Infrastructure Protection and Information 1,291,000 1,526,691 1,474,712 +183,712 -51,979
Security............................................
Federal Protective Service:
Basic security................................................. 275,763 290,669 290,669 +14,906 ...............
Building-specific security..................................... 665,121 647,843 647,843 -17,278 ...............
Reimbursable security fees (Contract Guard Services)........... 502,565 512,566 512,566 +10,001 ...............
------------------------------------------------------------------------------------
Subtotal, Federal Protective Service......................... 1,443,449 1,451,078 1,451,078 +7,629 ...............
Offsetting collections......................................... -1,443,449 -1,451,078 -1,451,078 -7,629 ...............
Office of Biometric Identity Management............................ 282,473 ............... 287,149 +4,676 +287,149
------------------------------------------------------------------------------------
Total, National Protection and Programs Directorate (gross).. 3,079,054 3,039,846 3,269,475 +190,421 +229,629
(Defense)................................................ (1,291,000) (1,526,691) (1,474,712) (+183,712) (-51,979)
(Nondefense)............................................. (344,605) (62,077) (343,685) (-920) (+281,608)
Offsetting collections................................... (-1,443,449) (-1,451,078) (-1,451,078) (-7,629) ...............
------------------------------------------------------------------------------------
Total, National Protection and Programs Directorate (net).... 1,635,605 1,588,768 1,818,397 +182,792 +229,629
====================================================================================
Office of Health Affairs
BioWatch........................................................... 82,078 ............... 69,878 -12,200 +69,878
National Biosurveillance Integration Center........................ 10,500 ............... 8,000 -2,500 +8,000
Chemical Defense Program........................................... 824 ............... 811 -13 +811
Planning and coordination.......................................... 4,957 ............... 4,906 -51 +4,906
Salaries and expenses.............................................. 27,010 ............... 24,698 -2,312 +24,698
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Total, Office of Health Affairs.............................. 125,369 ............... 108,293 -17,076 +108,293
====================================================================================
Federal Emergency Management Agency
Salaries and Expenses:
Administrative and regional offices............................ 236,802 247,788 233,007 -3,795 -14,781
Office of National Capital Region Coordination............. (3,422) (3,460) (3,460) (+38) ...............
Preparedness and protection.................................... 189,581 164,656 161,394 -28,187 -3,262
Response....................................................... 174,124 189,923 190,915 +16,791 +992
Urban search and rescue response system.................... (35,180) (27,513) (35,180) ............... (+7,667)
Recovery....................................................... 49,763 58,687 57,023 +7,260 -1,664
Mitigation..................................................... 27,957 24,887 27,579 -378 +2,692
Mission support................................................ 181,610 220,464 213,286 +31,676 -7,178
Centrally managed accounts..................................... 100,917 161,798 161,560 +60,643 -238
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Subtotal, Salaries and Expenses.............................. 960,754 1,068,203 1,044,764 +84,010 -23,439
(Defense)................................................ (74,000) (62,288) (62,288) (-11,712) ...............
(Nondefense)............................................. (886,754) (1,005,915) (982,476) (+95,722) (-23,439)
Grants and Training:
State and Local Programs:
Discretionary Grants:
State Homeland Security Grant Program.................. 467,000 200,000 467,000 ............... +267,000
Operation Stonegarden.................................. (55,000) ............... (55,000) ............... (+55,000)
Urban Area Security Initiative......................... 600,000 330,000 600,000 ............... +270,000
Nonprofit Security Grants.............................. (20,000) ............... (20,000) ............... (+20,000)
Public transportation security assistance and railroad 100,000 85,000 100,000 ............... +15,000
security assistance.......................................
Amtrak security...................................... (10,000) (10,000) (10,000) ............... ...............
Over-the-Road Bus security........................... (3,000) ............... (3,000) ............... (+3,000)
Port Security Grants................................... 100,000 93,000 100,000 ............... +7,000
Countering violent extremism........................... ............... 49,000 50,000 +50,000 +1,000
Regional Competition Grant Program..................... ............... 100,000 ............... ............... -100,000
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Subtotal, Discretionary Grants....................... 1,267,000 857,000 1,317,000 +50,000 +460,000
Education, Training, and Exercises:
Emergency Management Institute......................... 20,569 ............... 20,569 ............... +20,569
Center for Domestic Preparedness....................... 64,991 ............... 67,989 +2,998 +67,989
National Domestic Preparedness Consortium.............. 98,000 36,000 101,000 +3,000 +65,000
National Exercise Program.............................. 19,919 ............... 19,911 -8 +19,911
Center for Homeland Defense and Security and Emergency ............... 37,643 ............... ............... -37,643
Management Institute..................................
Center for Domestic Preparedness and National Exercise ............... 87,900 ............... ............... -87,900
Program...............................................
Continuing Training Grants/Center for Homeland Defense 29,521 ............... 18,000 -11,521 +18,000
& Security............................................
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Subtotal, Education, Training and Exercises.......... 233,000 161,543 227,469 -5,531 +65,926
Emergency management performance grants.................... ............... 350,000 ............... ............... -350,000
Fire grants................................................ ............... 335,000 ............... ............... -335,000
SAFER...................................................... ............... 335,000 ............... ............... -335,000
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Subtotal, State and Local Programs....................... 1,500,000 2,038,543 1,544,469 +44,469 -494,074
Firefighter Assistance Grants:
Fire grants................................................ 345,000 ............... 340,000 -5,000 +340,000
Staffing for adequate fire and emergency response [SAFER] 345,000 ............... 340,000 -5,000 +340,000
act grants................................................
------------------------------------------------------------------------------------
Subtotal................................................. 690,000 ............... 680,000 -10,000 +680,000
Emergency management performance grants........................ 350,000 ............... 350,000 ............... +350,000
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Subtotal, Grants and Training................................ 2,540,000 2,038,543 2,574,469 +34,469 +535,926
Radiological Emergency Preparedness Program........................ -305 -265 -265 +40 ...............
United States Fire Administration.................................. 44,000 42,312 44,000 ............... +1,688
Disaster Relief Fund:
Base disaster relief........................................... 661,740 639,515 639,515 -22,225 ...............
Disaster relief category....................................... 6,712,953 6,709,000 6,709,000 -3,953 ...............
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Subtotal, Disaster Relief Fund............................... 7,374,693 7,348,515 7,348,515 -26,178 ...............
Flood Hazard Mapping and Risk Analysis Program..................... 190,000 177,531 177,531 -12,469 ...............
National Flood Insurance Fund:
Salaries and expenses.......................................... 25,299 13,436 13,436 -11,863 ...............
Flood plain management and mapping............................. 155,899 168,363 168,363 +12,464 ...............
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Subtotal..................................................... 181,198 181,799 181,799 +601 ...............
Offsetting fee collections..................................... -181,198 -181,799 -181,799 -601 ...............
National Predisaster Mitigation Fund............................... 100,000 54,486 100,000 ............... +45,514
Emergency food and shelter......................................... 120,000 100,000 100,000 -20,000 ...............
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Total, Federal Emergency Management Agency................... 11,329,142 10,829,325 11,389,014 +59,872 +559,689
Appropriations........................................... (4,797,387) (4,302,124) (4,861,813) (+64,426) (+559,689)
Offsetting collections................................... (-181,198) (-181,799) (-181,799) (-601) ...............
Disaster relief category................................. (6,712,953) (6,709,000) (6,709,000) (-3,953) ...............
====================================================================================
Total, title III, Protection, Preparedness, Response and 13,090,116 12,418,093 13,315,704 +225,588 +897,611
Recovery....................................................
Appropriations........................................... (8,001,810) (7,341,970) (8,239,581) (+237,771) (+897,611)
Offsetting collections................................... (-1,624,647) (-1,632,877) (-1,632,877) (-8,230) ...............
Disaster relief category................................. (6,712,953) (6,709,000) (6,709,000) (-3,953) ...............
====================================================================================
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
Appropriations:
E-Verify Program............................................... 119,671 119,139 119,139 -532 ...............
Immigrant integration programs................................. ............... 10,000 ............... ............... -10,000
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Subtotal..................................................... 119,671 129,139 119,139 -532 -10,000
Fee Accounts:
Adjudication Services:
District operations........................................ (1,644,932) (1,607,655) (1,607,655) (-37,277) ...............
(Immigrant Integration Grants)......................... ............... ............... ............... ............... ...............
Service center operations.................................. (700,060) (1,001,363) (676,013) (-24,047) (-325,350)
Asylum, refugee and international operations............... (259,350) (274,437) (265,437) (+6,087) (-9,000)
Records operations......................................... (124,177) (124,671) (124,671) (+494) ...............
Business transformation.................................... (226,380) (226,380) (226,380) ............... ...............
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Subtotal................................................. (2,954,899) (3,234,506) (2,900,156) (-54,743) (-334,350)
Information and Customer Services:
Operating expenses......................................... (124,041) (138,915) (120,391) (-3,650) (-18,524)
Administration:
Operating expenses......................................... (384,585) (418,639) (388,092) (+3,507) (-30,547)
Systematic Alien Verification for Entitlements [SAVE].......... (27,021) (37,071) (37,071) (+10,050) ...............
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Subtotal, Fee Accounts....................................... (3,490,546) (3,829,131) (3,445,710) (-44,836) (-383,421)
H1-B Visa Fee Account:
Adjudication Services:
Service center operations.................................. ............... (15,000) (15,000) (+15,000) ...............
H1-B and L Fraud Prevention Fee Account:
Adjudication services:
District operations........................................ ............... (29,523) (29,523) (+29,523) ...............
Asylum and refugee operating expenses...................... ............... (308) (308) (+308) ...............
Service center operations.................................. ............... (15,169) (15,169) (+15,169) ...............
------------------------------------------------------------------------------------
Subtotal................................................. ............... (45,000) (45,000) (+45,000) ...............
------------------------------------------------------------------------------------
Total, Fee Accounts...................................... (3,490,546) (3,889,131) (3,505,710) (+15,164) (-383,421)
====================================================================================
Total, United States Citizenship and Immigration Services.... (3,610,217) (4,018,270) (3,624,849) (+14,632) (-393,421)
Appropriations........................................... (119,671) (129,139) (119,139) (-532) (-10,000)
Fee accounts............................................. (3,490,546) (3,889,131) (3,505,710) (+15,164) (-383,421)
====================================================================================
(Immigration Examination Fee Account).............................. (3,430,546) (3,829,131) (3,445,710) (+15,164) (-383,421)
(H1-B Visa Fee Account)............................................ (15,000) (15,000) (15,000) ............... ...............
(H1-B and L Fraud Prevention Fee Account).......................... (45,000) (45,000) (45,000) ............... ...............
Federal Law Enforcement Training Center
Salaries and Expenses:
Law enforcement training....................................... 189,410 186,251 186,251 -3,159 ...............
Management and administration.................................. 28,075 28,714 28,714 +639 ...............
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Subtotal..................................................... 217,485 214,965 214,965 -2,520 ...............
Acquisitions, Construction, Improvements, and Related Expenses..... 27,553 27,553 27,553 ............... ...............
------------------------------------------------------------------------------------
Total, Federal Law Enforcement Training Center............... 245,038 242,518 242,518 -2,520 ...............
====================================================================================
Science and Technology
Management and administration...................................... 131,531 127,903 127,903 -3,628 ...............
Research, Development, Acquisition, and Operations:
Research, development, and innovation.......................... 434,850 417,420 438,979 +4,129 +21,559
Laboratory facilities.......................................... 133,731 133,942 133,942 +211 ...............
Acquisition and operations support............................. 47,102 48,393 48,393 +1,291 ...............
University programs............................................ 39,724 31,085 40,500 +776 +9,415
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Subtotal..................................................... 655,407 630,840 661,814 +6,407 +30,974
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Total, Science and Technology................................ 786,938 758,743 789,717 +2,779 +30,974
====================================================================================
Domestic Nuclear Detection Office
Management and administration...................................... 38,109 ............... 42,222 +4,113 +42,222
Research, Development, and Operations:
Systems engineering and architecture........................... 17,000 ............... 15,872 -1,128 +15,872
Systems development............................................ 22,000 ............... 20,253 -1,747 +20,253
Transformational research and development...................... 68,000 ............... 63,582 -4,418 +63,582
Assessments.................................................... 38,000 ............... 36,648 -1,352 +36,648
Operations support............................................. 31,000 ............... 29,492 -1,508 +29,492
National Technical Nuclear Forensics Center.................... 20,000 ............... 19,289 -711 +19,289
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Subtotal..................................................... 196,000 ............... 185,136 -10,864 +185,136
Systems Acquisition:
Securing the cities............................................ 22,000 ............... 22,000 ............... +22,000
Radiological and nuclear detection equipment [RDE] acquisition. 91,011 ............... 98,664 +7,653 +98,664
------------------------------------------------------------------------------------
Subtotal..................................................... 113,011 ............... 120,664 +7,653 +120,664
------------------------------------------------------------------------------------
Total, Domestic Nuclear Detection Office..................... 347,120 ............... 348,022 +902 +348,022
====================================================================================
Chemical, Biological, Radiological, Nuclear and Explosives Office
Chemical, Biological, Radiological, Nuclear and Explosives Office:
Defense........................................................ ............... 14,263 ............... ............... -14,263
Non-defense.................................................... ............... 487,182 ............... ............... -487,182
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Total, Chemical, Biological, Radiological, Nuclear and ............... 501,445 ............... ............... -501,445
Explosives Office...........................................
(Defense)................................................ ............... (14,263) ............... ............... (-14,263)
(Non-defense)............................................ ............... (487,182) ............... ............... (-487,182)
====================================================================================
Total, title IV, Research and Development, Training, and 1,498,767 1,631,845 1,499,396 +629 -132,449
Services....................................................
(Fee Accounts)............................................... (3,490,546) (3,889,131) (3,505,710) (+15,164) (-383,421)
====================================================================================
TITLE V--GENERAL PROVISIONS
DHS Consolidated Headquarters Project.............................. 215,679 225,532 225,532 +9,853 ...............
Financial systems modernization.................................... 52,977 41,215 41,215 -11,762 ...............
OCIO Cyber Security Fund........................................... 100,000 ............... ............... -100,000 ...............
Emergent threats................................................... 50,000 ............... ............... -50,000 ...............
Colombia Free Trade Act collections................................ 220,000 220,000 231,000 +11,000 +11,000
H2B returning worker............................................... 1,000 ............... ............... -1,000 ...............
U-Visa immigration proposal........................................ ............... 3,000 ............... ............... -3,000
Analysis and operations (rescission)............................... -4,188 ............... ............... +4,188 ...............
TSA Aviation security (Public Law 114-113) (rescission)............ -158,414 ............... -12,000 +146,414 -12,000
TSA Surface transportation security (Public Law 114-4) (rescission) -14,000 ............... ............... +14,000 ...............
TSA Transportation security support (Public Law 114-113) ............... ............... -23,000 -23,000 -23,000
(rescission)......................................................
Coast Guard AC&I (Public Law 113-6) (rescission)................... ............... ............... -4,200 -4,200 -4,200
Coast Guard AC&I (Public Law 113-76) (rescission).................. -16,445 ............... -19,300 -2,855 -19,300
Coast Guard AC&I (Public Law 112-74) (rescission................... -5,800 ............... ............... +5,800 ...............
Coast Guard AC&I (Public Law 114-4) (rescission)................... ............... ............... -16,500 -16,500 -16,500
Immigration Authorization.......................................... 1,000 ............... ............... -1,000 ...............
Science and technology, research, development, acquisition, and -393 ............... ............... +393 ...............
operations (Public Law 113-6) (rescission)........................
Science and technology, research, development, acquisition, and -8,500 ............... ............... +8,500 ...............
operations (Public Law 113-76) (rescission).......................
Science and technology, research, development, acquisition, and -1,107 ............... ............... +1,107 ...............
operations (Public Law 114-4) (rescission)........................
Treasury Asset Forfeiture Fund (rescission)........................ -176,000 ............... -100,000 +76,000 -100,000
FEMA State and Local programs (70 x 0560) (rescission)............. ............... ............... -17,287 -17,287 -17,287
FEMA Disaster Relief Fund (rescission)............................. -1,021,879 -325,000 -794,126 +227,753 -469,126
FEMA Disaster Assistance Direct Loan Program (Public Law 109-88) -27,338 -95,000 -95,000 -67,662 ...............
(rescission)......................................................
FEMA predisaster mitigation (70 x 0716) (rescission)............... -13,758 ............... ............... +13,758 ...............
OCIO (rescission).................................................. ............... ............... -3,000 -3,000 -3,000
CBP BSFIT (rescission)............................................. -21,856 ............... -17,750 +4,106 -17,750
CBP construction and facilities management (rescission)............ -4,500 ............... -15,000 -10,500 -15,000
CBP AMO (rescission)............................................... ............... ............... -10,157 -10,157 -10,157
ICE salaries and expenses (Public Law 114-113) (rescission)........ ............... ............... -35,000 -35,000 -35,000
ICE salaries and expenses (Public Law 114-4) (rescission).......... ............... ............... -45,000 -45,000 -45,000
ICE construction (rescission)...................................... ............... ............... -7,000 -7,000 -7,000
Legacy funds (rescission).......................................... -1,006 ............... -1,404 -398 -1,404
Unobligated balances (nondefense) (rescission)..................... -23,968 ............... ............... +23,968 ...............
CBP automation modernization (rescission).......................... -7,000 ............... -15,850 -8,850 -15,850
====================================================================================
Total, title V, General Provisions........................... -865,496 69,747 -733,827 +131,669 -803,574
Appropriations........................................... (640,656) (489,747) (497,747) (-142,909) (+8,000)
Rescissions.............................................. (-1,506,152) (-420,000) (-1,231,574) (+274,578) (-811,574)
====================================================================================
Grand Total.................................................. 49,431,955 48,999,303 49,739,632 +307,677 +740,329
Appropriations........................................... (47,819,799) (47,353,180) (47,862,391) (+42,592) (+509,211)
Rescissions.............................................. (-1,506,152) (-420,000) (-1,231,574) (+274,578) (-811,574)
Overseas contingency operations/global war on terrorism.. (160,002) ............... (162,692) (+2,690) (+162,692)
Disaster relief category................................. (6,712,953) (6,709,000) (6,709,000) (-3,953) ...............
Offsetting collections................................... (-3,754,647) (-3,762,877) (-3,762,877) (-8,230) ...............
Offsetting collections (Legislative proposal)............ ............... (-880,000) ............... ............... (+880,000)
(Fee funded programs).................................... (5,988,480) (6,479,020) (6,121,599) (+133,119) (-357,421)
(By transfer)............................................ (24,000) (24,000) (24,000) ............... ...............
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