[Senate Report 116-212]
[From the U.S. Government Publishing Office]
Calendar No. 410
116th Congress } { Report
SENATE
2d Session } { 116-212
_______________________________________________________________________
OPERATION STONEGARDEN AUTHORIZATION ACT OF 2019
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 2750
TO AMEND THE HOMELAND SECURITY ACT OF 2002 TO AUTHORIZE THE OPERATION
STONEGARDEN GRANT PROGRAM, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 4, 2020.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
99-010 WASHINGTON : 2020
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio GARY C. PETERS, Michigan
RAND PAUL, Kentucky THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah KAMALA D. HARRIS, California
RICK SCOTT, Florida KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri
Gabrielle D'Adamo Singer, Staff Director
Joseph C. Folio III, Chief Counsel
Brian P. Kennedy, Professional Staff Member
Caroline K. Bender, Staff Assistant
David M. Weinberg, Minority Staff Director
Zachary I. Schram, Minority Chief Counsel
Samuel Rodarte Jr., Minority Professional Staff Member
Katie A. Conley, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 410
116th Congress } { Report
SENATE
2d Session } { 116-212
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OPERATION STONEGARDEN AUTHORIZATION ACT OF 2019
_______
February 4, 2020.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 2750]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 2750) to amend the
Homeland Security Act of 2002 to authorize the Operation
Stonegarden grant program, and for other purposes, having
considered the same, reports favorably thereon with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
IV. Section-by-Section Analysis......................................4
V. Evaluation of Regulatory Impact..................................5
VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............7
I. Purpose and Summary
S. 2750, the Operation Stonegarden Authorization Act,
authorizes the Operation Stonegarden grant program for $110
million annually from fiscal year (FY) 2020 through FY 2024.
Operation Stonegarden is a grant program operated under the
Department of Homeland Security's (DHS or the Department)
Homeland Security Grant Program, which provides grants to
local, state and tribal law enforcement to improve cooperation
and coordination with Customs and Border Protection (CBP) and
United States Border Patrol (USBP) on border security.\1\
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\1\On April 16, 2018 the Committee approved H.R. 2825 (115th
Cong.). Section 1417 of that bill is substantially similar to S. 2750.
Accordingly, this committee report is in part a reproduction of
Chairman Johnson's committee report for H.R. 2825, S. Rep. No. 115-351.
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The grants awarded under the Operation Stonegarden program
may be used to support equipment acquisition and maintenance,
personnel, and border security activities. The Administrator of
the Federal Emergency Management Administration (FEMA)--the
agency within DHS responsible for managing the grants issued
under the Homeland Security Grant Program--must collect and
maintain information on the Operation Stonegarden grants and
establish guidelines for oversight of the program as part of S.
2750. The FEMA Administrator must also develop guidelines for
financial review of the grants. Finally, the FEMA Administrator
is required to, in coordination with CBP, report annually from
FYs 2020 to 2024 to Congress on the expenditure of grants made
under Operation Stonegarden. Each report must include
information on how each grant recipient expended the funds and
a list of all operations carried out using Operation
Stonegarden grants.
II. Background and the Need for Legislation
The Homeland Security Act of 2002 authorized DHS to
administer Federal homeland security grant programs to assist
state and local governments and other partners to enhance the
homeland security enterprise.\2\ Grants issued under the
Department's Homeland Security Grant Program are used to help
state and local governments prepare for and respond to
terrorist attacks, secure critical infrastructure, assist
nonprofit organizations, and secure high-threat and high-risk
urban areas.\3\ The Homeland Security Grant Program was
expanded with the enactment of The Implementing Recommendations
of the 9/11 Commission Act of 2007, which authorized additional
homeland security grants and mandated some of their allocation
methodologies.\4\ Operation Stonegarden is one of the grants
operated under the Department's Homeland Security Grant
Program.\5\
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\2\Pub. L. No. 107-296 (2002). Grant programs over time included:
Nunn-Lugar-Domenici Program, Emergency Management Performance Grant
Program, Homeland Security Grant Program, State Homeland Security Grant
Program, Urban Area Security Initiative, Operation Stonegarden,
Intercity Bus Security Grant Program, Intercity Passenger Rail
Security--Amtrak Grant Program, Port Security Grant Program, Tribal
Homeland Security Grant Program, and Transit Security Grant Program.
See Shawn Reese, Cong. Research Serv., R44669, Department of Homeland
Security Preparedness Grants: A Summary and Issues, at 2 (Oct. 28,
2016), https://fas.org/sgp/crs/homesec/R44669.pdf.
\3\Id.
\4\Pub. L. No. 110-53, 110th Cong. (2007).
\5\Homeland Security Grants, Operation Stonegarden (OPSG) Program,
http://www.homelandsecuritygrants.info/GrantDetails.aspx?gid=21875
(last visited Nov. 21, 2019).
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Operation Stonegarden was expanded in 2006 to ``give states
additional funding and flexibility to strengthen America's
borders''.\6\ Recipients of Operation Stonegarden grants
include states along the northern or southwest borders, and
other states and territories with international water borders.
Funds under Operation Stonegarden are provided to state, local,
tribal, and territorial law enforcement agencies for border-
security purposes.\7\ Operation Stonegarden was provided $90
million in FY 2019\8\ and $85 million in FY 2018.\9\ During FY
2019, 22 states and territories were allocated funds under
Operation Stonegarden.\10\ This bill authorizes $110 million
for each of the FYs 2020 through 2024.
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\6\G&T Information Bulletin from Tracy Henke, Assistant Sec'y, Fed.
Emergency Mgmt. Agency, to All State Administrative Heads, All State
Administrative Agency Points of Contact, and All State Homeland
Security Directors (Mar. 20, 2006), https://www.fema.gov/media-library-
data/1568206660864-3ee266568513a169d80d05385be50a53/
IB_204_508_review_AB.pdf.
\7\Homeland Security Grants, Operation Stonegarden (OPSG) Program,
http://www.homelandsecuritygrants.info/GrantDetails.aspx?gid=21875
(last visited Nov. 21, 2019).
\8\Press Release, U.S. Dep't of Homeland Sec., DHS Announces
Funding Opportunity for FY 2019 Preparedness Grants (Apr. 12, 2019),
available at https://www.dhs.gov/news/2019/04/12/dhs-announces-funding-
opportunity-fiscal-year-2019-preparedness-grants.
\9\Press Release, U.S. Dep't of Homeland Sec., DHS Announces Grant
Allocations for FY 2018 Preparedness Grants (Aug. 24, 2018), available
at https://www.dhs.gov/news/2018/08/24/dhs-announces-grant-allocations-
fiscal-year-2018-preparedness-grants.
\10\Announcement from the Federal Emergency Management Agency, to
Members of Congress (Aug. 2, 2019) (on file with Comm. staff).
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In FY 2019, 977,509 individuals were apprehended or found
to be inadmissible at the southwest border,\11\ a 72 percent
increase in comparison to FY 2014. The grants provided by
Operation Stonegarden have been particularly useful to border
communities as they are being asked to purchase and operate
equipment as well as to pay salaries and overtime for border-
security purposes.\12\ According to local law enforcement
officers, Operation Stonegarden is one of the most effective
and beneficial programs for certain jurisdictions in securing
the border.\13\
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\11\Media Release, U.S. Customs and Border Prot., U.S. Customs and
Border Protection Announces September Border Enforcement Actions (Oct.
8, 2019), available at https://www.cbp.gov/newsroom/national-media-
release/us-customs-and-border-protection-announces-september-border.
\12\PEW, Immigration Enforcement Along U.S. Borders & at Ports of
Entry (Feb. 6, 2015), https://www.pewtrusts.org/en/research-and-
analysis/issue-briefs/2015/02/immigration-enforcement-along-us-borders-
and-at-ports-of-entry.
\13\See Securing the Southwest Border: Perspectives from Beyond the
Beltway: Hearing Before the S. Comm. on Homeland Security &
Governmental Affairs, 114th Cong. (2015); see also U.S. Customs And
Border Prot., Performance and Accountability Report: FY 2013, 12 (2014)
(``Stonegarden funds increase operational capabilities for
multijurisdictional law enforcement entities, promoting a layered,
coordinated approach to law enforcement.'').
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The DHS Office of Inspector General (DHS OIG) and the
Government Accountability Office have consistently identified
issues with the preparedness grants, such as lack of internal
oversight and metrics to show that the grants are reducing the
Nation's collective risk.\14\ In a 2016 report to DHS, the DHS
OIG determined ``that FEMA had not adequately analyzed
recurring recommendations to implement changes to improve its
oversight of these grants. This occurred because FEMA did not
clearly communicate internal roles and responsibilities and did
not have policies and procedures to conduct substantive trend
analyses of audit recommendations.''\15\ DHS OIG further
determined that ``because FEMA regularly waives these
questioned costs, the subgrantees have no motivation to comply
with basic contracting and acquisition principles, and the
problem will continue to fester.''\16\
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\14\See e.g. U.S. Gov't Accountability Office, GAO-16-38,
Strengthening Regional Coordination Could Enhance Preparedness Efforts
(2016), https://www.gao.gov/assets/680/674968.pdf; U.S. Gov't
Accountability Office, GAO-12-526T, Managing Preparedness Grants and
Assessing National Capabilities: Continuing Challenges Impede FEMA's
Progress (2012); Office of Inspector Gen., U.S. Dep't of Homeland Sec.,
OIG-16-49, Analysis of Recurring Audit Recommendations Could Improve
FEMA's Oversight of HSGP (2016), https://www.oig.dhs.gov/assets/Mgmt/
2016/OIG-16-49-Mar16.pdf.
\15\Office of Inspector Gen., U.S. Dep't of Homeland Sec., OIG-17-
08, Major Management and Performance Challenges Facing the Department
of Homeland Security, at 6 (Nov. 2016) https://www.oig.dhs.gov/sites/
default/files/assets/2017/OIG-17-08-Nov16.pdf.
\16\Preparedness, Response, and Rebuilding: Lessons from the 2017
Disasters: Hearing Before the H. Comm. on Homeland Sec., 115th Cong.
(2018) (statement of John Kelly, Acting Inspector Gen., Office of
Inspector Gen., U.S. Dep't of Homeland Sec.).
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The Operation Stonegarden program is an important tool to
help protect our borders and prevent drug trafficking by
ensuring that law enforcement agencies in border communities
have access to important resources. In conjunction with
authorizing Operation Stonegarden, this bill requires the
creation of grants metrics to create transparency and
accountability within the grant program. Once metrics are
developed, DHS will be able to measure the programs'
effectiveness.
To increase the efficiency of Operation Stonegarden, the
bill requires that FEMA collect and maintain financial
information at the award level. It also requires that the FEMA
Administrator establish guidelines to oversee funding
requirements and improve program performance. Additionally, to
ensure more effective oversight of Operation Stonegarden, this
bill requires that FEMA report to Congress a list of all
expenditures and operations broken down by recipient.
III. Legislative History
Senator Martha McSally (R-AZ) introduced S. 2750, the
Operation Stonegarden Authorization Act, on October 30, 2019,
with Senator Doug Jones (D-AL). The bill was referred to the
Committee on Homeland Security and Governmental Affairs.
The Committee considered S. 2750 at a business meeting on
November 6, 2019. During the business meeting, a substitute
amendment was offered by Chairman Ron Johnson and Ranking
Member Gary Peters and adopted by unanimous consent. Senator
Carper (D-DE) offered an amendment that requires FEMA to
conduct oversight of Operation Stonegarden grants and report
expenditures to Congress. Both amendments were adopted en bloc
by voice vote, with Senators Johnson, Portman, Paul, Lankford,
Romney, Scott, Enzi, Hawley, Peters, Carper, Hassan, Sinema,
and Rosen present.
The bill, as amended, was ordered reported favorably en
bloc by voice vote. Senators Johnson, Portman, Paul, Lankford,
Romney, Scott, Enzi, Hawley, Peters, Carper, Hassan, Sinema,
and Rosen were present.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section established that the bill may be cited as the
``Operation Stonegarden Authorization Act.''
Section 2. Operation Stonegarden
Subsection (a) establishes the Operation Stonegarden grant
program within the Department, and specifies that the grants
may be awarded to states that border Canada or Mexico. In
addition, States and U.S. territories with international
maritime border may also be eligible to receive grants under
this program, and eligible law enforcement agencies for
enhancing border security.
Subsection (b) defines eligible law enforcement agencies,
which includes law enforcement agencies within States and
territories bordering Canada or Mexico. Law enforcement
agencies involved in ongoing CBP operations are also eligible
to receive grants under this program.
Subsection (c) outlines the allowable uses of funds awarded
under this program. The grant may be used to support, among
other things, equipment acquisition and maintenance, personnel,
and border security activities.
Subsection (d) defines the length of the grant award
period, which is to be for not less than 36 months.
Subsection (e) requires the Administrator to separately
collect and maintain financial information, including but not
limited to, the amounts awarded, obligated, and outlays under
the Operation Stonegarden program within 30 days of enactment
of this bill.
Subsection (f) requires the Administrator to establish and
implement guidelines to ensure the proper administration and
awarding of grants under the Operation Stonegarden program. The
guidelines established under this bill are to be submitted to
Congress within 90 days of the bill's enactment.
Subsection (g) requires the Administrator, in coordination
with the Commissioner of CBP, to develop guidelines for
financial review, including the establishment of auditing and
reporting requirements. Within 90 days of the bill's enactment,
the financial review guidelines established under this
subsection are to be submitted to Congress.
Subsection (h) requires the Administrator, in coordination
with CBP, to report annually from FY 2020 to FY 2024 to
Congress on the expenditure of grants made under Operation
Stonegarden. Each report must include information on how each
grant recipient expended the funds and the nature of operations
carried out using Operation Stonegarden grants.
Subsection (i) authorizes appropriations of $110 million
annually for Operation Stonegarden from FY 2020 through FY
2024.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 29, 2020.
Hon. Ron Johnson,
Chairman, U.S. Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2750, the Operation
Stonegarden Authorization Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 2750 would codify Operation Stonegarden, a grant program
administered by the Federal Emergency Management Agency (FEMA).
Under the program, FEMA awards grants to state and tribal law
enforcement agencies to enhance security along the nation's
borders and to improve coordination between those agencies and
the federal government. The bill would authorize the
appropriation of $110 million annually through 2024 to award
grants.
CBO assumes that the bill will be enacted in 2020. In 2020,
FEMA received appropriations totaling $90 million to administer
the program, thus, CBO estimates $20 million of that total
authorization would remain effective in 2020. Using information
provided by FEMA, CBO estimates that, implementing S. 2750
would cost $412 million over the 2020-2025 period and $49
million after 2025, assuming appropriation of the authorized
amounts.
S. 2750 also would require FEMA to collect and maintain
information on each grant, establish guidelines for tracking
program performance and conducting audits, and report
additional information to the Congress. To implement those
additional requirements, CBO estimates that FEMA would need to
hire one additional employee at an average annual cost of about
$150,000.
The costs of the legislation (detailed in Table 1) fall
within budget function 450 (community and regional
development).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 2750
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By fiscal year, millions of dollars--
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2020a 2021 2022 2023 2024 2025 2020-2025
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Operation Stonegarden Grants:
Authorization........................ 20 110 110 110 110 0 460
Estimated Outlays.................... 8 50 81 100 106 66 411
Administrative Costs:
Estimated Authorization.............. * * * * * * 1
Estimated Outlays.................... * * * * * * 1
Total Changes:
Estimated Authorization.......... 20 110 110 110 110 * 461
Estimated Outlays 8 50 81 110 106 66 412
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Components may not sum to the totals because of rounding,* = between zero and $500,000.
\a\The bill would authorize the appropriation of $110 million in 2020 for Operation Stonegarden. In 2020, the
Congress provided $90 million for that purpose. Thus, CBO shows an authorization of $20 million in 2020, the
difference between the authorized amount ($110 million) and the amount appropriated in 2020 ($90 million).
The CBO staff contact for this estimate is Jon Sperl. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows: (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. * * *
* * * * * * *
Title XX--Homeland Security Grants
* * * * * * *
2009. Operation Stonegarden.
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
* * * * * * *
Subtitle A--Grants to State and High-Risk Urban Areas
* * * * * * *
SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.
(a) Grants Authorized.--The Secretary [through the
Administrator] may award grants under sections 2003, [and]
2004, and 2009 to State, tribal, territorial, and local [and
tribal] governments, as appropriate.
* * * * * * *
SEC. 2009. OPERATION STONEGARDEN.
(a) Establishment.--There is established in the Department
a program, which shall be known as ``Operation Stonegarden'',
under which the Secretary may award grants to States that
border Canada or Mexico, States with an international maritime
border, and eligible law enforcement agencies for the purpose
of enhancing border security.
(b) Eligible Law Enforcement Agencies.--A law enforcement
agency is eligible to receive a grant under this section if the
agency, either directly or through the State in which agency is
located, if the agency--
(1) is located in--
(A) a State bordering Canada or Mexico; or
(B) a State or territory with an
international maritime border; and
(2) is involved in an active, ongoing, U.S. Customs
and Border Protection operation coordinated through a
sector office.
(c) Permitted Uses.--Grant funds received under this
section may be used by a State or an eligible law enforcement
agency for--
(1) equipment, including maintenance and sustainment
costs;
(2) personnel, including overtime and backfill for
law enforcement personnel or non-law enforcement
personnel who support enhanced border law enforcement
activities;
(3) allowable and approved personnel costs, including
salaries, fringe benefits, overtime and backfill for
dedicated intelligence analysts supporting Operation
Stonegarden operations in support of enhanced border
law enforcement activities
(4) any activity permitted for Operation Stonegarden
under--
(A) the Department of Homeland Security's
most recent Homeland Security Grant Program
Notice of Funding Opportunity; or
(B) the Federal Emergency Management Agency's
Preparedness Grants Manual; and
(5) any other appropriate activity, as determined by
the Secretary.
(d) Period of Performance.--The Secretary may award grants
under this section to grant recipients for a period of not less
than 36 months.
(e) Collection of Information.--For any FY beginning on or
after the date that is 30 days after the date of the enactment
of the Operation Stonegarden Authorization Act for which grants
are made under Operation Stonegarden, the Administrator shall
separately collect and maintain financial information with
respect to grants awarded under Operation Stonegarden,
including--
(1) the amount of the awards;
(2) the amount obligated for the awards;
(3) the amount of outlays under the awards;
(4) financial plans with respect to the use of the
awards;
(5) any funding transfers or reallocations; and
(6) any adjustments to spending plans or
reprogramming.
(f) Administrator Oversight.--
(1) In general.--The Administrator shall establish
and implement guidelines--
(A) to ensure that amounts made available
under Operation Stonegarden are used in
accordance with grant guidance and applicable
Federal laws;
(B) to increase the proportion of each grant
made under Operation Stonegarden that is used
for operational expenses by the ultimate
grantee;
(C) to improve program performance reporting
and program performance measurements to
facilitate designing, implementing, and
enforcing procedures under Operation
Stonegarden; and
(D) to require the recording of standardized
performance data regarding program output.
(2) Submission.--Not later than 90 days after the
date of the enactment of the Operation Stonegarden
Authorization Act, the Administrator shall submit the
guidelines established under paragraph (1) to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Homeland Security of the
House of Representatives; and
(C) the Committee on Oversight and Reform of
the House of Representatives.
(g) Financial Review Guidelines.--
(1) In general.--The Administrator, in coordination
with the Commissioner of U.S. Customs and Border
Protection, shall develop and implement guidelines
establishing procedures for implementing the auditing
and reporting requirements set forth in section 2022
with respect to Operation Stonegarden.
(2) Submission.--Not later than 90 days after the
date of the enactment of the Operation Stonegarden
Authorization Act, the Administrator shall submit the
guidelines developed under paragraph (1) to the
congressional committees listed under subsection
(f)(2).
(h) Report and Briefing.--During each of the FYs 2020
through 2024, the Administrator, in coordination with the
Commissioner of U.S. Customs and Border Protection, shall
submit a report and provide a briefing to the congressional
committees listed under subsection (f)(2) that includes, for
the period covered by the report--
(1) information on how each recipient of a grant
under Operation Stonegarden expended amounts received
under the grant;
(2) information regarding the nature of operations
carried out using amounts made available under
Operation Stonegarden; and
(3) in the first report submitted under this
subsection--
(A) an examination of the effects changing
Operation Stonegarden to award multi-year
grants would have on its mission; and
(B) the findings and recommendations of the
Administrator regarding what changes could
improve Operation Stonegarden, which may
include feedback from grant recipients.
(i) Authorization of Appropriations.--There is authorized
to be appropriated $110,000,000 for each of the FYs 2020
through 2024 for grants under this section.
[all]