[House Report 117-396]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-396
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2023
_______
July 1, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Ms. Roybal-Allard of California, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 8257]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2023.
INDEX TO BILL AND REPORT
Page number
Bill Report
TITLE I--DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL
AWARENESS, AND OVERSIGHT
Office of the Secretary and Executive Management... 2
5
Operations and Support..................... 2
5
Procurement, Construction, and Improvements 2
13
Federal Assistance......................... 2
13
Management Directorate............................. 3
13
Operations and Support..................... 3
13
Procurement, Construction, and Improvements 3
15
Federal Protective Service................. 3
16
Intelligence, Analysis, and Situational Awareness.. 4
17
Operations and Support..................... 4
17
Office of Inspector General........................ 4
17
Operations and Support..................... 4
17
Administrative Provisions.......................... 5
18
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection................. 11
19
Operations and Support..................... 11
19
Procurement, Construction, and Improvements 13
28
U.S. Immigration and Customs Enforcement........... 13
30
Operations and Support..................... 13
31
Procurement, Construction, and Improvements 15
39
Transportation Security Administration............. 16
40
Operations and Support..................... 16
40
Procurement, Construction, and Improvements 16
42
Research and Development................... 17
42
Coast Guard........................................ 17
42
Operations and Support..................... 17
43
Procurement, Construction, and Improvements 18
45
Research and Development................... 18
48
Health Care Fund Contribution..............
48
Retired Pay................................ 19
48
United States Secret Service....................... 19
48
Operations and Support..................... 19
49
Procurement, Construction, and Improvements 21
50
Research and Development................... 21
50
Administrative Provisions.......................... 21
50
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency... 38
52
Operations and Support..................... 38
53
Procurement, Construction, and Improvements 39
62
Research and Development................... 39
62
Federal Emergency Management Agency................ 39
63
Operations and Support..................... 39
63
Procurement, Construction, and Improvements 39
67
Federal Assistance......................... 40
68
Disaster Relief Fund....................... 44
73
National Flood Insurance Fund.............. 44
76
Administrative Provisions.......................... 47
76
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services.......... 51
77
Operations and Support..................... 51
77
Federal Assistance......................... 52
83
Federal Law Enforcement Training Centers........... 52
84
Operations and Support..................... 52
84
Procurement, Construction, and Improvements 52
84
Science and Technology Directorate................. 53
84
Operations and Support..................... 53
85
Procurement, Construction, and Improvements 53
86
Research and Development................... 53
87
Countering Weapons of Mass Destruction Office...... 53
91
Operations and Support..................... 53
91
Procurement, Construction, and Improvements 54
91
Research and Development................... 54
92
Federal Assistance......................... 54
92
Administrative Provisions.......................... 54
92
TITLE V--GENERAL PROVISIONS
This Act...........................................
Compliance with House Rules................
Tables.....................................
Overview
The Committee recommendation includes $85,832,575,000 in
total discretionary appropriations for the Department of
Homeland Security, including $60,300,000,000 within the bill's
302(b) budget allocation, $5,390,859,000 in discretionary
appropriations offset by fee collections, and $19,945,000,000
as an allocation adjustment for major disaster response and
recovery activities. The overall total is an increase of
$4,524,619,000 above the fiscal year 2022 total and
$2,517,716,000 above the President's budget request. The total
within the allocation is $2,800,000,000 above the fiscal year
2022 level.
Balanced Homeland Security Investments
Investments in this bill are intended to balance competing
priorities across the Department's important missions, all of
which are critical to the security of the country. The bill
continues important investments to recapitalize Coast Guard
aviation and surface fleets, including continued support for
the Polar Security Cutter, Fast Response Cutter, and Offshore
Patrol Cutter programs; hire more Secret Service agents and
Uniformed Division officers to reduce mandatory overtime;
expedite the procurement of more effective imaging technology
for the Transportation Security Administration and U.S. Customs
and Border Protection (CBP); help communities develop public
health-focused approaches to at-risk individuals before they
commit a crime or engage in violence, including through grants,
technical assistance, and research; and expand the capacity of
the Federal Emergency Management Agency's disaster response
workforce. The bill also continues to build on new initiatives,
such as the Alternative to Detention (ATD) Case Management
Program; the Office of the Immigration Detention Ombudsman; and
the Migration Analysis Center, which will help inform budget
requests and emergent resource requirements related to
migration.
Cybersecurity and Infrastructure Security
The Committee recommends an increase of $334,136,000 above
the fiscal year 2022 level for the Cybersecurity and
Infrastructure Security Agency to better protect federal
civilian cyber networks and help state and local governments
and the private sector secure both cyber and physical
infrastructure, including election infrastructure.
Border Security
For CBP operations, the bill recommends $230,876,000 above
the request level, including $123,173,000 for additional Office
of Field Operations staffing and $15,000,000 for innovative
technology for a total of $40,000,000. Within the funds
provided, the bill recommends not less than the following:
$89,756,000 for forced labor to include the implantation of the
Uyghur Forced Labor Protection Act, $44,900,000 for body worn
cameras; $20,000,000 for the Unified Immigration Portal;
$23,000,000 for mental health clinicians; and $3,500,000 for
rescue beacons and the Missing Migrant Program.
Within CBP's Procurement, Construction and Improvements
account, the recommendation includes $107,259,000 above the
request for new technology, both at and between the ports of
entry, and makes available up to $100,000,000 in prior-year
funding available for mitigation of the environmental impacts
of border barrier construction.
Civil Immigration Enforcement
Immigration detention is civil detention; almost no one in
the custody of U.S. Immigration and Customs Enforcement (ICE)
is a criminal in the sense of having been convicted of a crime
for which they have not served a criminal sentence. That is not
to say that some individuals whom ICE arrests and detains are
not threats to public safety; but the vast majority pose no
such threat and, were they U.S. citizens, there would be no
clamor to detain them.
The bill continues to expand ICE's reliance on
noncustodial, cooperative immigration compliance models by
increasing funding for ATD programs. It funds improved
communications and access to counsel for individuals in ICE's
custody; and provides funding consistent with an average daily
population in detention for single adults of 25,000 during
fiscal year 2023, consistent with the budget request. This
detention capacity for single adults will allow ICE to arrest,
detain, and remove individuals who are enforcement priorities
without over detaining anyone who is determined to be neither a
flight risk nor a threat to public safety or national security.
Transportation Security
The bill provides $615,872,000 in new funding to allow the
Transportation Security Administration (TSA) to compensate its
workforce at levels that are commensurate with other federal
agencies, and to extend other equivalent rights and
protections. This is a matter of basic fairness to TSA
personnel, who play a critical and physical demanding role in
ensuring the safety of air transportation, and also because it
will help address long-standing recruitment and retention
challenges TSA has experienced since it was first established.
Humanitarian Processing and Citizenship
The U.S. Citizenship and Immigration Services (USCIS)
asylum and refugee programs have long been funded by applicants
and petitioners seeking unrelated immigration benefits, making
fee rates needlessly higher than would otherwise be required
for cost recovery. The bill provides funding to begin the
transition of these humanitarian programs into USCIS's
Operations and Support account. The bill also provides funding
to increase asylum operations in anticipation of the additional
workload USCIS will assume to adjudicate the asylum cases of
individuals placed into expedited removal proceedings who claim
a fear of return to their home country. Such adjudications had
previously been handled only by the Department of Justice
Immigration Courts, which continue to be challenged by
significant case backlogs.
Additionally, the bill provides $30,000,000 for the
Citizenship and Integration Grant Program, $10,000,000 above
the fiscal year 2022 level, to help future citizens complete
their immigration journeys and successfully integrate and
engage in their communities.
References in the Report
This report refers to certain entities, persons, funds, and
documents as follows: the Department of Homeland Security is
referenced as DHS or the Department; ``full-time equivalents''
are referred to as FTE; ``Information Technology'' is referred
to as IT; ``program, project, and activity'' is referred to as
PPA; any reference to ``the Secretary'' should be interpreted
to mean the Secretary of Homeland Security; ``component''
should be interpreted to mean an agency, administration, or
directorate within DHS; any reference to SLTT should be
interpreted to mean state, local, tribal, and territorial; and
``budget request'' or ``the request'' should be interpreted to
mean the budget of the U.S. Government for fiscal year 2023
that was submitted to Congress on March 28, 2022.
TITLE I--DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS,
AND OVERSIGHT
Mission
The mission of Departmental Management, Intelligence,
Situational Awareness, and Oversight is to provide leadership
and services to Department of Homeland Security (DHS)
components; formulate policy guidance and directives;
disseminate intelligence; identify and track performance
measurements relating to DHS missions; and provide oversight
for all DHS operations.
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
Appropriation, fiscal year 2022....................... $271,053,000
Budget request, fiscal year 2023...................... 316,180,000
Recommended in the bill............................... 394,765,000
Bill compared with:
Appropriation, fiscal year 2022................... +123,712,000
Budget request, fiscal year 2023.................. +78,585,000
The Office of the Secretary and Executive Management (OSEM)
plans and executes departmental strategies to accomplish agency
objectives and provides policy guidance to departmental
components.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2022....................... $236,053,000
Budget request, fiscal year 2023...................... 291,180,000
Recommended in the bill............................... 346,717,000
Bill compared with:
Appropriation, fiscal year 2022................... +110,664,000
Budget request, fiscal year 2023.................. +55,537,000
The recommendation includes increases above the request
totaling $55,537,000, including increases of $20,232,000 for
the Office of Health Security and Resilience; $15,414,000 for
the Office of Strategy, Policy, and Plans; $8,784,000 for the
Office for Civil Rights and Civil Liberties; $8,311,000 for the
Office of the Immigration Detention Ombudsman; and $2,796,000
for the Office of Partnership and Engagement.
B-1 Visa Holders.--The Committee directs the Secretary to
submit a report not later than 180 days after the date of
enactment of this Act that includes summary data on B-1
personal or domestic workers, including visa holders' years of
birth; genders; countries of citizenship and birth; dates of
visa issuance and expiration; and the cities and states where
the visa holders will be working. The report shall employ data
disclosure avoidance measures to protect personally
identifiable data and be made available to the public. The
Secretary shall promptly inform the Committee if a federal
agency partner does not comply with a request to provide
relevant records needed to complete the report.
Office of Partnership and Engagement (OPE).--The
recommendation includes an increase above the request of
$2,796,000 for OPE, including an increase of $500,000 for the
Blue Campaign, for a total of $3,400,000 for the program in
direct appropriations.
The recommendation does not concur with the proposed
transfer of $2,900,000 associated with the Blue Campaign from
OPE to the Department's Center for Countering Human
Trafficking, located within ICE's Homeland Security
Investigations. The Committee is willing to reconsider the
movement of the program after the Department has adequately
responded to the Committee's request for information about the
proposed move, including a description of its outreach efforts
to stakeholder groups and an analysis of the potential impact
of the move on undocumented victims of trafficking.
The recommendation also rejects the proposed transfer to
OPE of $604,000 associated with the Office for Faith and
Neighborhood Partnerships from FEMA.
Building Materials.--The Committee supports the use of
sustainable building materials, including low carbon materials,
that help minimize the environmental impact of construction
projects and urges the Department to prioritize the use of such
materials whenever possible.
Center for Prevention Programs and Partnerships (CP3).--The
recommendation includes an increase of $3,000,000 to support a
national awareness campaign to raise awareness of prevention
resources available in communities across the United States.
Not later than 180 days after the date of enactment of this
Act, and annually thereafter, CP3 shall submit to the Committee
and make publicly available online a report containing the
following:
(1) For each risk factor or behavioral indicator used
in CP3 trainings and programs, the evidence base
supporting its inclusion, including peer-reviewed
research validating its inclusion and whether the
federal government has funded or supported the cited
evidence;
(2) A description of all privacy, civil rights, and
civil liberties protections applicable to CP3 programs,
whether administered directly by the Department,
through grant recipients, or by other third parties,
and a detailed description of how CP3 monitors grant
recipient compliance with federal civil rights laws
pursuant to 44 C.F.R. Part 7 and any other applicable
statutory or regulatory provisions; and
(3) Beginning with the fiscal year 2020 grant cycle,
detailed descriptions of:
(A) the operative policies for award
decisions for each cycle, including the
specific criteria for awarding grants and how
they were applied;
(B) the performance metrics and evaluation
criteria for grant recipients for each cycle;
and
(C) a summary of all ongoing evaluations of
grantees, including evaluation criteria and
performance metrics, as well as a list of all
completed or published evaluations.
Counter-drug efforts in the Caribbean.--The Committee notes
that the strategic location of Puerto Rico and the U.S. Virgin
Islands in the Eastern Caribbean make them targets for
transnational criminal organizations seeking to import illicit
narcotics and other contraband into the continental United
States. The Committee expects the Secretary to continue
prioritizing border security and counter-drug efforts in and
around Puerto Rico and the U.S. Virgin Islands, including
through the Department-led Caribbean Border Interagency Group
and Joint Interagency Task Force-South.
Domestic Terrorism.--The Department is directed to
coordinate with the Department of Justice (DOJ), including the
FBI, and key public safety officials across the United States
to promote information sharing and ensure an effective joint
effort to combat domestic terrorism. The Department is also
directed to review its anti-terrorism training and resource
programs for federal and SLTT law enforcement agencies, with a
focus on ensuring they are effective in helping agencies
understand, detect, deter, and investigate extremist threats.
Not later than 90 days after the date of enactment of this
Act, the Department is directed to brief the Committees on
Appropriations and Judiciary of the House and the Senate on an
updated assessment of the domestic terrorism threat. The
briefings shall also include an analysis of acts or attempted
acts of domestic terrorism in the United States during fiscal
year 2022.
Domestic Violent Extremism Review.--Within 90 days of the
date of enactment of this Act, the Committee directs DHS to
provide a briefing on its efforts to implement the 15
recommendations addressed in its March 2022 internal review.
The Committee also encourages the Department to continue to
work with its interagency partners on adopting a consistent
definition of ``domestic violent extremism''.
Family Separation.--The Department should ensure that
family unity is a primary factor when making criminal and civil
charging decisions and, whenever possible and consistent with
an assessment by a state-licensed child welfare professional
that it is in the best interest of a child, that separated
family units are reunited and transported together prior to
removal, release from U.S. Customs and Border Protection (CBP)
custody, or transfer to U.S. Immigration and Customs
Enforcement (ICE) or Office of Refugee Resettlement (ORR)
custody.
The familial relationships of each family unit taken into
DHS custody must be immediately documented and the location of
every member of a separated family unit must be continuously
tracked and a specific justification for the initial separation
must be recorded, along with a justification for any continued
separation. DHS must ensure that individuals being transferred
from CBP to ICE custody, in CBP or ICE custody, under ICE
supervision, or referred to DOJ for prosecution are asked about
and have opportunities to report family separation incidents;
verify the status, location, and disposition of family members;
and regularly communicate with one another.
The Department should also work with DOJ to ensure that
information related to family separation that is shared during
the course of a criminal prosecution is conveyed to DHS for
purposes of family tracking and reunification.
Family Separation: Extended Family.--For adult migrants
placed into section 240 removal proceedings who are a category
2 immediate relative of a minor with whom they arrived, the
Department shall ensure that ORR is made aware of the family
relationship as soon as possible. The Committee supports the
placement of ORR personnel in CBP processing facilities to
begin the process of verifying such relationships and assessing
the suitability of adult relatives to serve as the sponsor of
their minor family member.
Immigration Data.--The Committee directs the Office of
Immigration Statistics to publish on its website, semiannually,
I-129 data on employers, worksites, occupations, gender, and
wages, for petitions in the E, H, L, O, P, and TN visa
classifications. Additionally, the website shall include data
on key visa and work programs administered by ICE through the
Student and Exchange Visitor Information System, such as the J-
1 program and the F-1 Optional Practical Training program,
including employment, wage, and gender data for all visas and
programs categories. Data for the J-1 visa should be reported
according to each J-1 sub-program. The data reported according
to this directive shall not include personally identifiable
information.
Joint Requirements Council (JRC).--The Committee directs
the Department to continue providing quarterly updates on JRC
activities. The Committee is concerned that the JRC's strategic
value to the homeland enterprise is not being fully realized.
When it was established, the Committee understood that the JRC
would lead the Department in efforts to create joint
requirements--leading to the termination or combining of
program and/or requirements where appropriate and leading to a
more efficient and effective DHS. To date, it is unclear what,
if any, programs or requirements have been addressed and
changed as a result of the existence of the JRC. Not later than
60 days after the date of enactment of this Act, the Under
Secretary for Management shall brief the Committee on the need
for continued funding of the JRC or on what reforms DHS is
undertaking to focus the JRC on the original vision.
Law Enforcement Support.--The Department is directed to
continue quarterly reporting, on a publicly accessible website,
on requests to DHS law enforcement components for support in
the form of personnel, aircraft, or other assets, consistent
with reporting required for fiscal year 2022. Support to a non-
federal entity in a location where First Amendment protected
activity is occurring should only be provided if approved in
advance by the Secretary, the Deputy Secretary, or the Under
Secretary for Management, and the Department shall notify the
Committee not more than 48 hours after the approval of such
support.
Legal Access.--The Committee is concerned that individuals
in DHS custody do not have reasonable access to counsel,
particularly prior to immigration court proceedings. Not later
than 90 days after the date of enactment of this Act, the
Department shall brief the Committee on current policies and
standards related to access to retained or prospective counsel,
including through telephone, video teleconferencing, fax, mail,
and in-person communications. The briefing shall also address
how ICE, CBP, and departmental oversight entities ensure
compliance with such policies and standards. The briefing shall
also include recommendations for improvements, including any
funding requirements to improve facilities and technological
capabilities to better ensure appropriate confidential and
unmonitored attorney-client communications above the
$60,000,000 in enhancements provided to ICE for this purpose in
this recommendation.
Migration Analysis Center.--The recommendation provides
$6,514,000 above the request for the Office of Strategy,
Policy, and Plans for the Migration Analysis Center (MAC), of
which $5,499,000 is to restore and annualize the cost of
funding provided in fiscal year 2022 to establish the MAC and
$1,015,000 is for an additional enhancement, including for
additional FTE. The Department is directed to ensure that
funding and personnel resources for the MAC are clearly
described in future budget requests. Additionally, the
Department shall brief the Committee on an expenditure plan and
schedule of anticipated milestones and activities not later
than 45 days after the date of enactment of this Act. The
briefing shall also address the extent to which the MAC has
entered into agreements or is otherwise engaging with entities
outside the Department, such as other federal agencies,
academic institutions; state, local, tribal, and territorial
communities; the private and non-profit sectors; and research
communities.
Nondisclosure Agreements.--The Committee urges the
Department to amend the Homeland Security Acquisition
Regulation to require procurement solicitations and contracts
to include a clause prohibiting a contractor from requiring
their employees or independent subcontractors to enter into a
non-disparagement or non-disclosure agreement related to
workplace harassment as a condition of employment, including
sexual harassment, sexual assault, or retaliation for
reporting, resisting, opposing, or otherwise participating in a
workplace harassment proceeding.
Office for Civil Rights and Civil Liberties (CRCL).--The
Committee recommends $48,263,000 for CRCL, $8,748,000 above the
request, including an increase of $250,000 for management and
administration of the Alternatives to Detention (ATD) Case
Management Program; $500,000 for implementation of the Women,
Peace, and Security (WPS) Act; $4,901,000 to restore and
annualize enhancements in the fiscal year 2022 funding Act for
ATD Case Management Program administration ($750,000), WPS Act
implementation ($580,000), and CRCL staffing ($3,571,000); and
$3,133,000 to restore proposed cuts related to organizational
efficiencies, administrative support contracts, and other
contracts that were not sufficiently justified.
CRCL shall continue to ensure that all individuals whose
complaints it investigates receive information within 30 days
of the submission of a final report or recommendations
memorandum, including findings of fact, conclusions, and
recommendations and ensure that such information is included in
its annual report to Congress and posted on its website,
consistent with individual privacy protections.
Office of Health Security and Resilience (OHSR).--The
recommendation accepts the proposed transfer of $48,902,000
from the Management Directorate and the Countering Weapons of
Mass Destruction Office to the new OHSR, which the Secretary
plans to establish in fiscal year 2022 using authority made
available in section 513 of the Department of Homeland Security
Appropriations Act, 2022 (division F of Public Law 117-103).
The transferred funds include $14,550,000 first provided in
fiscal year 2022 for child welfare professionals to oversee the
care of children in CBP custody and the recommendation includes
an additional $3,500,000 for a total of $18,050,000. Within the
funds provided, the Committee expects the OHSR to establish a
DHS Federal Advisory Committee for Children in Immigration
Custody; obtain professional training and translation services;
and provide for paid internships.
Office of the Immigration Detention Ombudsman (OIDO).--The
recommendation includes $28,570,000 for OIDO, an increase of
$5,366,000 above the fiscal year 2022 enacted level and
$8,311,000 above the request. Funding above the requested is
intended to support the hiring of OIDO staff, in addition to
supporting support contracts. The Ombudsman is directed to
continue briefing the Committee quarterly on the office's
activities and to provide at the first such briefing following
the date of enactment of this Act, an obligation plan for
fiscal year 2023 that includes details about the current and
planned level of federal positions and FTE.
The annual report of the Immigration Detention Ombudsman
required by Public Law 116-93 shall include descriptions of the
office's activities, findings, and recommendations, including
copies of complaint forms and descriptions of complaint
mechanisms; the number and types of complaints received,
investigated, resolved, and referred to the Office of Detention
Oversight, CRCL, or the Office of Inspector General (OIG).
OIDO shall make public on its website statistics related to
complaints received and resolved, policy recommendations, and
reports of facility investigations upon their completion and
associated component comments.
Office of Immigration Statistics (OIS).--The Committee
recognizes that the workload demands of OIS have increased
significantly in recent years. To address this growing
workload, the bill includes an increase of $3,900,000 for OIS,
including funds for additional FTE.
Official Reception and Representation Expenses.--DHS shall
continue to submit quarterly obligation reports for official
reception and representation expenses, as in prior years, and
refrain from using such funds for collectibles or memorabilia.
Parole Requests.--The Department shall continue to provide
quarterly reports on the number of parole requests received and
granted, and for those granted, the rationale for each grant
and its duration.
Performance Measures.--The Committee directs all agencies
funded by this Act to comply with title 31 of the United States
Code, including the development of their organizational
priority goals and outcomes such as performance outcome
measures, output measures, efficiency measures, and customer
service measures.
Prosecution Referrals.--Within 60 days of the date of
enactment of this Act and updated quarterly thereafter, DHS
shall make publicly available the following records and data on
illegal entry and reentry prosecutions:
(1) the current policy guidance for prosecution
referrals;
(2) the number of individuals referred for
prosecution, by sector during the prior quarter; and
(3) the country of origin, demographic information,
and justification category for referring each
individual.
Protected Areas.--Not later than 60 days after the date of
enactment of this Act, the Department shall brief the Committee
on the implementation of the Secretary's October 27, 2021, memo
entitled ``Guidelines for Enforcement Actions in or Near
Protected Areas.'' The briefing shall include a description of
the related training provided to CBP and ICE personnel; related
documentation policies; and data showing the frequency of
enforcement actions taken in or near protected areas,
differentiated by category of protected area, rationale for
taking the enforcement action in the protected area, and
whether prior approval was obtained.
Public Complaint and Feedback System Working Group.--The
Committee recommends continued funding of $500,000, as
requested, to support the activities of the Public Complaint
and Feedback System Working Group, as directed in prior House
reports. In addition, the working group should collaborate with
the Department in developing standards to improve customer
service and incorporating such standards into the performance
plans required under 31 U.S.C. 1115. The Office of Public
Engagement shall brief the Committee semi-annually on the
progress of the working group, as described in the explanatory
statement accompanying Public Law 115-141, as well as on
progress in developing customer service standards.
Public Reporting of Operational Statistics.--The Department
is directed to submit quarterly Border Security Status Reports
and data on the removal of the parents of U.S.-born children
semiannually, as in prior years.
Recalcitrant Countries.--Not later than 30 days after the
date of enactment of this Act, the Department shall, in
consultation with the Department of State and other relevant
agencies, submit a report on efforts to remove migrants
encountered from countries who currently refuse to accept
returns. The report shall be submitted in unclassified form but
may contain a classified annex.
Record Preservation.--The Committee is concerned about the
preservation of records related to the death, hospitalization,
potential sexual assault or sexual abuse, assault or abuse of
individuals held in DHS custody, as well as records related to
allegations of medical malpractice against such individuals.
DHS is directed to brief the Committee, not later than 60 days
after the date of enactment of this Act, regarding component
record preservation policies and requirements related to
individuals in custody, including policies for making records
available to individuals alleging harm done to them while in
DHS custody or against whom allegations are made of criminal
behavior or other behavior that results in placement in
segregation or other punitive consequence.
Reporting Mechanism.--The Committee reminds CRCL of a
briefing requirement in the statement accompanying the fiscal
year 2022 funding Act on current mechanisms for the intake of
complaints from the public related to state and local law
enforcement involvement in federal immigration enforcement.
Rural Broadband Access.--To expand rural broadband
infrastructure in unserved rural areas and tribal lands along
the southwest and northern borders, the Committee encourages
the Secretary to identify opportunities for public-private
partnerships with broadband providers to incorporate affordable
public accessible broadband into current and future tactical
infrastructure projects. The Committee reminds the Department
of the briefing requirement on these efforts that was required
by the explanatory statement accompanying the fiscal year 2022
funding Act.
Statelessness.--The Committee directs the Department to
provide a briefing, not later than 90 days after the date of
enactment of this Act, on CBP, ICE, and USCIS policies and
practices related to the collection of data on the nationality
or statelessness of individuals in DHS custody, under DHS
supervision, or who apply or petition for immigration benefits.
The briefing should address policies and practices for
documenting and validating the identity and status of
individuals who claim to be stateless, opportunities for
individuals to identify as stateless, and ICE policies and
practices related to statelessness when determining whether a
removal is reasonably foreseeable. The briefing should also
address whether statelessness should be a positive factor in
applications for discretionary immigration benefits, waivers,
or exercises of prosecutorial discretion for humanitarian
reasons or in the public interest.
Training.--The Committee supports the work of the DHS Law
Enforcement Coordination Council (LECC) to review and improve
the Department's use of force policies, including de-escalation
tactics, the duty to intervene, and less lethal munitions, its
efforts to improve training in ways that better ensure the
protection of civil rights, liberties, and privacy, and its
work to improve standards. The Department is directed to brief
the Committee, not later than 90 days after the date of
enactment of this Act, on the activities of the LECC.
In addition, the Committee reminds DHS of the requirement
in House Report 117-87 to provide an execution plan for
providing training on trauma-informed care to CBP personnel who
interact with migrants. This training should also be provided
to Volunteer Force personnel and contract personnel providing
support to CBP, along with ICE personnel who routinely interact
with migrants.
Use of Force Reporting.--The Committee encourages the
Secretary to consider making participation in the National Use
of Force Data Collection Program of the Federal Bureau of
Investigation by state and local law enforcement agencies a
condition for eligibility for federal grant funding, including
State Homeland Security Program grants and Urban Area Security
Initiative grants.
Visa Overstay and Border Security Metrics.--The Committee
directs the Department to continue to provide the report on
visa overstay and border security metrics detailed in section
107 of the Department of Homeland Security Appropriations Act,
2018 (division F of Public Law 115-141).
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2022....................... $- - -
Budget request, fiscal year 2023...................... - - -
Recommended in the bill............................... 8,048,000
Bill compared with:
Appropriation, fiscal year 2022................... +8,048,000
Budget request, fiscal year 2023.................. +8,048,000
The recommendation includes $8,048,000 in a new
Procurement, Construction, and Improvements account for the
Medical Information Exchange, including $3,048,000 that was
proposed through Operations and Support in the request and an
increase of $5,000,000 above the request.
FEDERAL ASSISTANCE
Appropriation, fiscal year 2022....................... $35,000,000
Budget request, fiscal year 2023...................... 25,000,000
Recommended in the bill............................... 40,000,000
Bill compared with:
Appropriation, fiscal year 2022................... +5,000,000
Budget request, fiscal year 2023.................. +15,000,000
The recommendation includes $15,000,000 above the request
for the Alternatives to Detention (ATD) Case Management
Services Program (CMSP). The total amount of funding made
available in this account, which funds both Targeted Violence
and Terrorism Prevention grants and ATD CMSP grants, is
transferred to FEMA for administration.
Management Directorate
Appropriation, fiscal year 2022\1\.................... $3,782,209,000
Budget request, fiscal year 2023...................... 4,439,282,000
Recommended in the bill............................... 4,497,857,000
Bill compared with:
Appropriation, fiscal year 2022................... +715,648,000
Budget request, fiscal year 2023.................. +58,575,000
\1\The amounts for each fiscal year include appropriations for the
Federal Protective Service that are entirely offset by fee collections
from other federal agencies, which for fiscal year 2023 are estimated
by the Congressional Budget Office at $2,113,479,000.
Mission
The mission of the Management Directorate is to provide
enterprise leadership and management and business
administration services for the Department, as well as
biometric and identity management services.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2022....................... $1,637,009,000
Budget request, fiscal year 2023...................... 1,753,425,000
Recommended in the bill............................... 1,787,000,000
Bill compared with:
Appropriation, fiscal year 2022................... +149,991,000
Budget request, fiscal year 2023.................. +33,575,000
The recommendation includes $33,575,000 above the request,
including $31,500,000 for migrant medical costs; $3,000,000 for
the Cybersecurity and Diversity Fellowship program; and
$1,888,000 for Program Analysis and Evaluation review and use
of models in budget development. The recommendation does not
include the requested funding of $2,788,000 for the Acquisition
Data Analytics Platform Tool (ADAPT) and corrects for an
undescribed proposed increase of $25,000.
Advertising Services.--The Committee directs the Department
to provide, as part of the fiscal year 2024 budget
justification or as a report to the Committee not later than 60
days after the date of enactment of this Act, the following
information: the total amount obligated for advertising service
contracts for the prior fiscal year and a target amount for the
current year and the budget year, including delineations of
such total amounts obligated to socially and economically
disadvantaged small business concerns, as defined in section
8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)), and to
women-owned and minority-owned businesses.
ADAPT.--While the Committee is encouraged by the recent
improvements in acquisition reporting by the Department, the
request does not provide sufficient detail as to how this new
tool will improve decision making and acquisition oversight or
help the Department address the concerns that the Committee has
raised about whether there is sufficient qualitative and
quantitative review of the substance of the components'
acquisitions rather the current review which often seems
focused on meeting procedural requirements. The Committee
directs the Department to provide a briefing on how such a tool
would improve the outcomes of the Department's acquisitions
within 90 days of the date of enactment of this Act.
Budget Justifications.--The Department is expected to
provide complete justification materials for the fiscal year
2024 budget request, including details for each office and
program, and to clearly describe and account for current
services, transfers, adjustments to base, and program changes.
In addition to the detail provided in current reporting, the
justifications shall incorporate output from predictive models
used by DHS component agencies. For each relevant program area,
justifications shall clearly describe and quantify the
projections used to inform resource requests, indicate the
offices and components impacted by the projections, and confirm
whether the budget requests for those offices and components
were developed using the same assumptions. In addition, the
Chief Financial Officer is directed to ensure that fiscal year
2024 budget justification materials for classified and
unclassified budgets of all components are submitted concurrent
with the President's budget submission to the Congress.
Common Operating Platform for Maritime Domain Awareness.--
The Committee is interested in the work that ICE, CBP, and the
Coast Guard are doing to expand their maritime domain
awareness, whether DHS is exploring the use of a common
operating platform for all three components, and if so, where
it should be housed. The Committee directs OCFO in conjunction
with the JRC to provide a briefing on this topic within 180
days of the date of enactment of this Act.
Component Staffing Plans.--The Department shall submit
staffing plans to the Committee on a quarterly basis and shall
ensure such plans are connected to activity-level details in
the budget justification materials.
Homeland Security Advanced Recognition Technology System
(HART).--The Committee is disappointed that DHS did not take
the opportunity to seek a truly independent analysis of the
HART project, as envisioned in the fiscal year 2022 Joint
Explanatory Statement and chose instead to rely on existing DHS
review processes. The Committee directs the Department to
undertake an independent validation and verification (IV&V)
effort with a non-DHS entity in fiscal year 2023 and encourages
beginning this process as soon as possible.
The Department shall provide adequate disclosure of its
technologies, data collection mechanisms, and sharing
agreements among DHS immigration enforcement agencies other
federal, state, local, and foreign law enforcement agencies,
and other partners as relates to the development of HART. The
Committee directs OBIM to provide a briefing, within 90 days of
the date of enactment of this Act on its efforts to meet these
disclosure requirements.
Obligation Plans.--The Department shall continue to submit
obligation plans on a quarterly basis, the Office of the Chief
Financial Officer (OCFO) shall require the use of a uniform
obligation plan template to ensure consistency across
components, which shall include quarterly spending targets for
each account and PPA. OCFO will also be responsible for
ensuring that components with major acquisition programs
include the breakout of these programs within their quarterly
plans and provide additional context to describe and justify
any changes from the prior submission. During the period of any
continuing resolution, OCFO shall provide a briefing on the
corresponding obligation and budget execution plan, as directed
in House Report 114-215.
Office of Biometric Identity Management (OBIM).--OBIM is
directed to continue briefing the Committee on a semiannual
basis on its workload, service levels, staffing, modernization
efforts, and other operations.
Vehicle Fleet Modernization.--The Department is directed to
provide to the Committee an expenditure plan for funds provided
in the bill for vehicle fleet modernization within 45 days of
the date of enactment of this Act.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2022....................... $491,816,000
Budget request, fiscal year 2023...................... 572,378,000
Recommended in the bill............................... 597,378,000
Bill compared with:
Appropriation, fiscal year 2022................... +105,562,000
Budget request, fiscal year 2023.................. +25,000,000
The recommendation includes an increase above the request
of $25,000,000 for the requested Joint Processing Center.
Financial Services Modernization (FSM).--Within 90 days of
the date of enactment of this Act, the Department shall brief
the Committee on its FSM plans for fiscal year 2023.
Headquarters Consolidation.--The Committee directs the
Department to provide an update on headquarters consolidation
not later than 30 days after the date of enactment of this Act.
Multiple Funding Sources for Migrant Operations.--The
Committee denies the proposal transfer from ICE to CBP the
responsibility for the cost off-site medical claims for
migrants in CBP custody. The Committee is concerned that there
appear to be more than one funding stream to satisfy the same
requirements, especially with regard to the care, custody,
processing, and transportation of recent border crossers.
Despite years of Committee attempts to resolve this issue, as
far back as House Report 112-492 and through several oversight
engagements since, the problem remains.
In lieu of the proposed transfer of funding for migrant
medical costs, the Committee provides this funding to the DHS
Chief Readiness Support Officer, which shall work with the JRC,
ICE, CBP, the Chief Financial Officer, the Office of General
Counsel (as needed), and any other stakeholders to establish a
written and enforceable policy that clearly delineates roles
and responsibilities for the care, custody, processing, and
transportation of recent border crossers. Such policy shall
avoid allowing for multiple funding streams for the same
activity. Not later than 60 days after the date of enactment of
this Act and prior to the date such policy become effective,
CRSO shall provide a brief to the Committee on the policy.
Joint Processing Centers.--The Committee recommends
$25,000,000 above the request for the Office of the Chief
Readiness Support Office (OCRSO) for a third joint processing
center. OCRSO shall continue to act as the executive agent for
the design and construction of such centers in consultation
with CBP, ICE, USCIS, and other DHS components. Not later than
60 days after the date of enactment of this Act, OCRSO shall
brief the Committee on its plans and provide quarterly updates
on the progress of JPC construction.
FEDERAL PROTECTIVE SERVICE
Appropriation, fiscal year 2022....................... $1,653,384,000
Budget request, fiscal year 2023...................... 2,113,479,000
Recommended in the bill............................... 2,113,479,000
Bill compared with:
Appropriation, fiscal year 2022................... +460,095,000
Budget request, fiscal year 2023.................. - - -
Mission
The Federal Protective Service (FPS) delivers law
enforcement and protective security services to federally
owned, leased, or operated facilities.
The Committee recommends $2,113,479,000 for the FPS, as
requested, which is fully offset by fees collected from FPS
customer agencies. The Committee encourages the Department to
balance FPS fee increases with the impact of those fee
increases on other parts of DHS.
CARES Act.--The Committee appreciates the updates that FPS
has provided in the past year on the outstanding payments due
to vendors under section 3610 of the CARES Act (Public Law 116-
136). However, given that more than two years have passed since
this provision was enacted to help vendors maintain their
workforce, the Committee remains concerned about the timeline
for completing this work. FPS is directed to brief the
Committee within 30 days of the date of enactment of this Act
on its planned timeline for completion and provide monthly
updates thereafter until all eligible payments have been made.
Obligations.--FPS is directed to submit to the Committee,
not later than 30 days after the date of enactment of this Act,
a table on object-class level obligations by PPA that displays
actual obligations for fiscal years 2021 and 2022, along with
actual obligations for fiscal year 2023 to-date and obligation
projections for the remainder of the year compared to the
estimates in the fiscal year 2023 request. FPS shall provide
quarterly updates to this table and notify the Committee within
30 days of any changes to its estimates for Basic Security
Services revenue.
Intelligence, Analysis, and Situational Awareness
Mission
The missions supported through Intelligence, Analysis, and
Situational Awareness are twofold: to equip the Homeland
Security Enterprise with timely intelligence and information to
keep the homeland safe, secure, and resilient; and to provide
operations coordination, information sharing, situational
awareness, a common operating picture, and departmental
continuity.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2022....................... $298,171,000
Budget request, fiscal year 2023...................... 341,159,000
Recommended in the bill............................... 341,159,000
Bill compared with:
Appropriation, fiscal year 2022................... +42,988,000
Budget request, fiscal year 2023.................. - - -
Recommended adjustments to classified programs and more
detailed oversight of funding for the Office of Intelligence
and Analysis are addressed in the classified annex accompanying
this report.
Information Sharing to Prevent School Violence.--The
Committee encourages the Office of intelligence and Analysis
(I&A) to work with primary and recognized fusion centers to
improve the use of open-source based threat analyses to detect
threats online and supports voluntary information-sharing
arrangements between the private sector, I&A, and fusion
centers that help inform such analyses while at the same time
protecting individual privacy.
Office of Inspector General
Mission
The DHS Office of Inspector General (OIG) conducts and
supervises independent audits, investigations, and inspections
of DHS programs, projects, and activities; identifies fraud,
abuse, mismanagement, and inefficiencies in the use of funds;
and makes recommendations for improving the execution of DHS
missions.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2022....................... $205,359,000
Budget request, fiscal year 2023...................... 214,879,000
Recommended in the bill............................... 218,379,000
Bill compared with:
Appropriation, fiscal year 2022................... +13,020,000
Budget request, fiscal year 2023.................. +3,500,000
The recommendation includes $3,500,000 above the request,
including $1,000,000 for pandemic-related investigations;
$1,300,000 for border and immigration-related investigations,
and $1,200,000 to fund the relocation and/or reconfiguration of
three field offices with leases expiring in fiscal year 2023.
The recommendation also includes a provision that transfers
$14,000,000 of the $50,000,000,000 made available to the FEMA
Disaster Relief Fund in the American Rescue Plan Act of 2021
(Public Law 117-2) to the OIG for oversight of the use of those
funds.
Custody Operations Reporting.--OIG is directed to continue
its program of unannounced inspections of immigration detention
facilities and to publish the results of the inspections and
other reports and notifications related to custody operations
activities on a publicly available website. The OIG shall
regularly consult with congressional oversight committees and
community service stakeholder organizations when developing and
updating its strategy for conducting these inspections.
Denial of OIG Access to Records and Information.--The OIG
shall provide a quarterly report to the Committee concerning
any component efforts to prevent or impede OIG access to
records, documents, or other materials. The report shall
include, at a minimum, a summary of the OIG request, a
description of the component response to the request, and any
other information the OIG determines appropriate.
Monthly Budget and Staffing Briefings.--The OIG shall
continue to provide the Committee monthly budget and staffing
briefings, as described in the explanatory statement
accompanying the fiscal year 2022 Act (Public Law 117-103). The
briefings shall include all available sources of funds and
shall be modified in fiscal year 2023 to shift away from
program office profiles and instead reflect budget and staffing
profiles by the types of audits, investigations, and
inspections planned and executed.
Title I--Administrative Provisions
Section 101. The Committee continues a provision requiring
the Department to submit a report to the Inspector General
regarding grants or contracts awarded by means other than full
and open competition and requires the Inspector General to
review such grants or contracts and report the results to the
Committees.
Section 102. The Committee continues a provision requiring
the Chief Financial Officer of the Department to provide a
monthly budget and staffing report to the Committees.
Section 103. The Committee continues a provision requiring
the Secretary to link all contracts that provide award fees to
successful acquisition outcomes.
Section 104. The Committee continues a provision requiring
the Secretary to notify the Committees of any proposed transfer
of funds from the Department of Treasury Forfeiture Fund to any
DHS component.
Section 105. The Committee continues a provision related to
costs associated with the use of government aircraft by DHS
personnel in support of official travel of the Secretary and
Deputy Secretary.
Section 106. The Committee continues and modifies a
provision requiring the Under Secretary for Management to
provide quarterly acquisition information to the Committees.
Section 107. The Committee continues and modifies a
provision requiring specified documentation for pilot and
demonstration programs and restricting the use of Operations
and Support funding for any pilot or demonstration program
involving more than 5 full time personnel equivalents or
costing in excess of $1,000,000 unless the Secretary provides
such information to the Committees related to the program's
goals, metrics, and implementation plan.
Section 108. The Committee includes a new provision
transferring $14,000,000 to the OIG from amounts provided to
FEMA for the Disaster Relief Fund in the American Rescue Plan
Act of 2021 (Public Law 117-2).
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
Appropriation, fiscal year 2022....................... $14,849,277,000
Budget request, fiscal year 2023...................... 15,404,905,000
Recommended in the bill............................... 15,743,040,000
Bill compared with:
Appropriation, fiscal year 2022................... + 893,763,000
Budget request, fiscal year 2023.................. + 338,135,000
Mission
The mission of U.S. Customs and Border Protection (CBP) is
to enforce laws regarding the admission of non-resident persons
into the United States and facilitate the flow of legitimate
trade and travel.
OPERATIONS AND SUPPORT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022....................... $13,756,194,000
Budget request, fiscal year 2023...................... 14,459,625,000
Recommended in the bill............................... 14,690,501,000
Bill compared with:
Appropriation, fiscal year 2022................... +934,307,000
Budget request, fiscal year 2023.................. +230,876,000
The recommendation includes $230,870,000 above the request,
including increases above the request totaling $501,582,000 and
reductions to the request totaling $270,706,000.
Increases above the request include $12,602,000 to
annualize activities funded in the fiscal year 2022 funding
Act; $329,385,000 to sustain programs funded above the request
in the fiscal year 2022 funding Act; $120,173,000 for an
additional 250 CBP Officers, 500 technicians, and 500 mission
support staff; $15,000,000 for innovative technology;
$3,500,000 for rescue beacons and the Missing Migrant Program;
$15,000,000 for an increase in the uniform allowance, $922,000
for internal affairs staffing; and $5,000,000 for tribal road.
Reductions to the request include $125,489,000 associated
with proposed base pay adjustments that were already addressed
in the fiscal year 2022 funding Act; $113,717,000 for program
enhancements that were already provided in the fiscal year 2022
funding Act; and $31,500,000 for migrant medical costs that are
funded instead through the Management Directorate.
Within the total amount provided, the recommendation
includes $89,756,000 for preventing the importation of items
produced with forced labor, to include $17,112,000 for the
Advanced Trade Analytics Platform, $40,000,000 for innovative
technology; $5,000,000 for tuition assistance; $17,000,000 for
zero trust architecture; $20,000,000 for the Unified
Immigration Portal; $23,000,000 for onsite mental health
clinicians; $6,000,000 for caregivers and childcare services;
$6,000,000 for Carrizo cane control; $44,900,000 for the
Incident Driven Video Recording System, including body worn
cameras and related requirements for Freedom of Information Act
compliance and data storage; $10,000,000 for video monitoring
capabilities; $10,000,000 for port of entry technology; and
$6,076,000 for financial analytics.
The COVID-19 pandemic continues to have a significant
impact on the collection of trade and travel fee revenue on
which the Office of Field Operations depends for a significant
portion of its operations. Because the impact on fiscal year
2023 collections is uncertain and is still being estimated by
CBP, the recommendation is based on the budget proposal and fee
revenue estimates provided in CBP's budget request, with the
understanding that Congress may need to address potential
funding shortfalls later in the appropriations process. In lieu
of funding, the CBP Chief Financial Officer shall continue to
manage and oversee CBP's fee funding to ensure current year
operational requirements are balanced against the continuing
requirement to build and maximize the use of a carryover
balance.
Behavior Health Challenges.--The bill includes $23,000,000
to address behavioral health challenges within CBP. CBP is
expected to address the following:
(1) Develop a process to ensure that employees who
utilize CBP behavior health resources are not adversely
impacted solely because they self-identify a need for
behavior health counseling and seek behavior health
assistance;
(2) Increase the number of local behavioral health
professionals with experience providing psychological
support services to law enforcement personnel;
(3) Create a behavioral health curriculum for
employees at the beginning of their CBP career to
provide resources early and instill the importance of
mental health;
(4) Create periodic management training on crisis
intervention and CBP's programs and services to aid
employees with behavioral health issues;
(5) Improve the existing Peer Support Program (PSP),
to include additional training and resources for peer
support personnel in the workplace and full-time PSP
members across the Agency; and
(6) Develop a voluntary alcohol treatment program.
Not later than 30 days after the date of enactment of
this Act, CBP shall brief the Committee on plans to
address behavioral health challenges, to include a plan
for the obligation of the funding provided.
Border Barrier Mitigation Activities.--As noted in House
Report 117-87, the Committee continues to be concerned about
the impacts of border barrier construction on sensitive lands
and wildlife along the southwest land border, including in
national wildlife refuges, national forests, national
monuments, and wilderness areas. To address these concerns, the
bill provides authority to use up to $100,000,000 of prior year
funds appropriated for border barrier construction that become
available during fiscal year 2023 or future years for
mitigation activities, including land acquisition, related to
the construction of border barriers on federal land. Authority
is also provided to allow for the transfer of funds to the U.S.
Fish and Wildlife Service, the Bureau of Land Management, the
U.S. Forest Service, and the National Park Services for the
same activities.
Border Search and Rescue.--Within 90 days after the date of
enactment of this Act, CBP shall brief the Committee on its
search and rescue efforts during fiscal year 2022, including:
(1) the number of deaths, by sector and cause of
death;
(2) the number of rescue beacons, frequency of beacon
activation, and rescues in response to beacon
activation, by sector;
(3) the results of the survey of Border Patrol
stations on rescue beacons; and
(4) options for reducing the number of migrant deaths
along the border, including an assessment on the
effectiveness of water supply sites and rescue beacons
and the potential for increased collaboration with non-
governmental organizations.
Budget Briefings.--In addition to any other reporting or
briefing requirements, and not later than 30 days after the
submission of the fiscal year 2024 budget request, CBP shall
provide detailed briefings on the activities of all CBP
programs for the prior year, the current year to-date, and
estimates for the remainder of the current year and the budget
year. For procurement items, the briefings shall also include:
(1) the quantity required and delivered by year for
each program or item category;
(2) a schedule that delineates acquisition and
contracting events;
(3) units delivered during the prior year and current
year to-date, along with a delivery schedule for the
remainder of the current year and the budget year;
(4) plans for the obligation and expenditure of all
unobligated funds,
(5) descriptions of contractor and government
activities;
(6) top current risks for each program; and
(7) a description of how CBP is measuring the
operational contributions of each procurement program.
For operational programs, the briefings should address:
(1) operational capabilities supported by the base
budget and by any enacted or proposed program changes;
(2) personnel data by category (e.g., agents,
officers, processing coordinators, trade specialists,
etc.), including on-board staffing, funded and executed
FTE; and end-of-year projects for on-board positions
and FTE for the current year and the budget year; and
(3) updated projections of immigration and customs
fee collections and anticipated carryover.
Where CBP anticipates end-of-year obligations will be below
the enacted funding level, it shall provide an estimated range
for those balances. Further, for any program where costs are
driven, in part, by predictive analytics and modeling (e.g.,
flow to the border, workload staffing models, etc.) CBP shall
provide an update on those projections.
Checkpoint, Transportation and Roving Patrol Stops.--CBP
shall continue to collect and report publicly on its website
data pertaining to all checkpoints, transportation checks, and
roving patrol stops, to be updated semiannually with all
necessary redactions of personally identifiable information
about specific individuals. For roving patrols, the data should
include:
(1) the total number of use of force incidents and
arrests by location;
(2) the citizenship status of subjects arrested; and
(3) the amount and type of property seized.
For transportation checks, the data should include:
(1) a description of the boarding of public
conveyance by CBP in air, maritime and ground stations,
ports, and terminals when an arrest is made;
(2) the total number of use of force incidents and
arrests by location;
(3) the citizenship status when an arrest is made;
and
(4) the amount and type of property seized.
For checkpoints, the data should include:
(1) the location of all tactical and permanent
checkpoints that were in operation for any period of
time;
(2) the total number of use of force incidents and
arrests by location;
(3) the citizenship status of subjects arrested
following secondary inspection;
(4) the amount and type of property seized; and
(5) a description of how the agency uses information
collected by cameras and license plate readers.
Corruption and Use of Force.--CBP shall make information on
corruption and use of force allegations publicly available on
its website, including at a minimum:
(1) a description of each case reviewed by a national
Use of Force Review Board (UFRB) and a summary of the
UFRB's findings;
(2) a description of each case addressed through
CBP's internal review process and a summary of the
findings;
(3) a statistical summary of local UFRB activity; and
(4) a description of any changes to policy, tactics,
or training that were made based on CBP's or the UFRB's
findings and the timeline for their implementation.
Electronic Device Searches.--Committee directs CBP to
publish data on its public website detailing the number of
instances during secondary inspections in which POE personnel:
(1) accessed the digital contents of any electronic
equipment, delineated by the nationality and initial
country of departure for the arriving individual in
possession of such equipment;
(2) accessed the digital contents of an online
account, including social media handles and cloud-based
accounts;
(3) requested consent to access the digital contents
of any electronic equipment belonging to or in the
possession of a United States person, delineated by
whether permission was granted;
(4) requested a United States person to consensually
disclose an access credential that would enable access
to the digital contents of electronic equipment of such
person, delineated by whether the credential was so
disclosed; or
(5) detained an individual for refusing to disclose
or provide consent to access the digital contents of
any electronic equipment belonging to them or in their
possession, delineated by whether the individual was a
United States person, and the length of time the
individual was detained.
In addition, CBP is directed to publish aggregate data on
the race and ethnicity of individuals subject to secondary
inspection for purposes of accessing digital content. The data
required under this heading shall be published semi-annually.
High-speed Pursuit.--Due to concerns over fatalities
associated with Border Patrol high speed pursuits, the
Committee directs CBP to provide a report, not later than 180
days after the date of enactment of this Act, on the following:
(1) current CBP vehicle pursuit policies;
(2) a comparison of CBP policies with those of local
law enforcement in border areas;
(3) consideration of the seriousness of the suspected
criminal behavior of the potential target of a high-
speed pursuit prior to initiating or continuing a
pursuit;
(4) the number of high-speed pursuits over the last
three years;
(5) the number of convictions resulting from the
pursuits (to include type of convictions);
(6) the number of crashes resulting from pursuits;
and
(7) the number of individuals injured, and the number
killed during pursuits.
Human Smuggling.--The Committee encourages the Department
to work with its federal law enforcement partners to ensure
that the enforcement of anti-drug and anti-smuggling laws is
carried out in a manner protective of human life and safety. In
particular, DHS should work to prevent the passage of any
vehicle through a checkpoint or port of entry for purposes of a
controlled delivery by another law enforcement agency if the
vehicle may contain individuals being smuggled under unsafe
conditions, such as the smuggling of one or more individuals in
a confined or non-air-conditioned space.
Incident-Driven Video Recording System (IDVRS).--The
Committee provides $44,900,000 to deploy the IDVRS, including
body worn cameras, to additional Border Patrol Stations. Not
later than 90 days after the date of enactment of this Act and
quarterly thereafter, CBP shall brief the Committee on IDVRS
deployments and operations, including updates to the execution
plan and schedule.
Innovative Technology.--The Committee recommends a total of
$60,000,000 for innovation technologies, to include $40,000,000
within Operations and Support (O&S) and $20,000,000 under
Procurement, Construction, and Improvements (PC&I). CBP is
directed to update the Committee on the planned obligation of
these funds not fewer than 15 days prior to any obligation of
funds. Funding shall not exceed $5,000,000 for any individual
project.
Migrant Care.--CBP, in conjunction with the DHS Chief
Medical Officer, is reminded of the requirement in House Report
117-87 to brief the Committee on modifications to existing
guidance on the treatment of migrants in CBP custody.
Migrant Families in Custody.--When considering whether a
family unit should remain together while in custody, the
Commissioner should consider the criminal history of the
parent, and the physical and mental health of all members of
the family. When appropriate and feasible, CBP shall ensure
that separated family units are reunited and transferred
together prior to removal, release from CBP custody, or
transfer to Immigration and Customs Enforcement custody. When
CBP is responsible for the custody of unaccompanied children
who are siblings, the Commissioner shall, to the extent
practicable and when in the best interest of the children,
place such siblings together in the same facility until the
Department of Health and Human Services assumes custody
pursuant to 8 U.S.C. 1232(b).
Migrants and Personnel Training and Migrant Property.--CBP
is reminded of the requirements in House Report 118-87 to
provide an execution plan for trauma-informed care training, to
include a timetable for full implementation, and for a briefing
on migrant property policies and protocols.
Migrant Safety.--CBP shall continue its policies and
activities that help protect people who travel on foot through
dangerous terrain after having entered the United States
between the ports of entry. CBP shall continue to prohibit its
personnel from engaging in any activity that could damage water
and food caches and shall expand migrant safety efforts,
including through the placement and maintenance of additional
rescue beacons. The recommendation includes not less than
$3,500,000 for rescue beacons and for the Missing Migrant
Program. Not later than 90 days after the date of enactment of
this Act, CBP shall brief the Committee on planned obligations.
Multiple Funding Sources for Migrant Operations.--The
Committee denies the proposed transfer of responsibility from
ICE to CBP for paying for off-site medical claims for migrants
in CBP custody. The Committee is concerned that there are
several funding streams to satisfy the same requirements,
especially as it related to the care, custody, processing, and
transportation of recent border crossers, and despite years of
attempts to have these issues resolved, the problem remains. In
lieu of the proposed transfer of migrant medical costs, the
Committee transfers the funding to the DHS Chief Readiness
Support Officer to work with the JRC, ICE, CBP, the Chief
Financial Officer, the Office of General Counsel (as needed),
and any other relative entity to establish a written and
enforceable policy, to be made available to the Committee, that
clearly delineates the roles and responsibilities for executing
such requirements. Additional direction is provided in Title I
of this report.
Prosecution of Asylum Seekers.--The Administration is
reminded of U.S. obligations under the 1951 Refugee Convention
to refrain from imposing consequences on asylum seekers based
on the manner in which they enter the country.
Land Port of Entry (POE) Infrastructure Capital Plan.--Not
later than 30 days after the submission of the President's
budget request for fiscal year 2024, the Commissioner shall
submit a report that details its prioritization of POE
infrastructure capital investment projects, the methods and
models used to determine prioritization, and an overview of
Public-Private Partnership agreements. The Committee encourages
the Commissioner to work with the General Services
Administration and the Office of Management and Budget on the
annual 5-year Land POEs modernization plan, which is based on
CBP's operational priorities and should include plans to
complete the modernization of pre-9/11 POEs along the northern
border. Specific attention should be paid to the health,
safety, and welfare needs of CBP officers.
Recruitment, Hiring, and Retention.--The Committee directs
CBP to provide a briefing, within 60 days of the date of
enactment of this Act, on efforts to improve hiring and
retention by all of its law enforcement components. CBP shall
prioritize and continue efforts to use available incentives to
recruit and retain personnel in rural and remote areas and
explore other strategies, such as innovative pilot programs
that include successful strategies from the private sector,
career path enhancements, alternative schedules, and workforce
support programs. The briefing shall address enacted and
obligated amounts for the prior year and current year, along
with proposed amounts for the budget year and metrics used to
measure the success of the efforts.
Strategy to Combat Opioids.--CBP is reminded of the
direction in House Report 117-87 to provide a briefing to the
Committee on how the Strategy to Combat Opioids has influenced
actions already taken, the results of those actions, a plan for
updating the strategy, and the level of obligations for all
activities associated with INTERDICT Act implementation. CBP is
urged to provide personnel with personal protective equipment,
handheld non-intrusive inspection equipment, and mobile
detection devices, including those that detect secondary
exposures.
Within 180 days after the date of enactment of this Act,
CBP shall brief the Committee on its policies and procedures
for assessing the risk associated with packages from countries
with a low capacity to transmit advance electronic data (AED).
The briefing shall also address resource requirements,
including infrastructure, equipment, and staffing needed to
properly prescreen inbound items with and without AED.
Video Monitoring.--The recommendation includes not less
than $10,000,000 for video monitoring capabilities within
Border Patrol facilities. The Committee continues the direction
from the explanatory statement accompanying Public Law 116-03
that any failure of cameras and associated storage equipment in
excess of 120 hours at any CBP holding facility must be
reported to the Office of Professional Responsibility. Such
reporting shall be updated weekly until the system is back
online.
Border Security Operations
Border Patrol Hiring.--The budget proposes funding for 300
new Border Patrol Agents and 300 new Border Patrol Processing
Coordinators. However, while CBP has made progress in hiring
processing coordinators, Border Patrol agent hiring is not
consistently keeping pace with attrition, leading to the
continued reduction of total agents. Based on current
estimates, CBP will need to hire more than 600 agents in fiscal
year 2023 to reach the proposed agent total of 19,855 agents.
To date, CBP has been unable to provide the Committee with
executable plans, including metrics, to show how it will
achieve a net increase of 600 agents. Accordingly, none of the
funds for hiring agents and processing coordinators may be
obligated prior to CBP briefing the Committee on a fully
developed hiring obligation plan.
Carrizo Cane.--The recommendation includes not less than
$6,000,000 for efforts to control the growth of Carrizo cane
along the Rio Grande River in Texas. CBP shall continue to
provide quarterly updates on the performance of this program
related to improved visibility, biomass reduction, and miles of
river treated.
Radios.--The Committee continues to direct CBP to review
the need to retrofit U.S. Border Patrol radios to allow agents
to operate on the CBP system or transfer to either a commercial
LTE carrier or the First Responder Network Authority (FirstNet)
LTE Network.
Trade and Travel Operations
Biometric Exit.--The Committee continues direction for CBP
to provide a detailed expenditure plan for biometric exit
activities within 90 days of the date of enactment of this Act,
which includes information on the timeline for deployment of a
biometric exit system, as well as a description of the
capability funded in the 9/11 Response and Biometric Exit
Account, established in Division O of Public Law 114-113, can
procure and support. Further, the plan should include a
realistic cost estimate for full implementation. CBP is
encouraged to continue to deploy a biometric exit capability in
the air environment. In line with CBP's vision for biometric
exit, CBP is also urged to work in partnership with the air
travel industry on the implementation of the Biometric Entry-
Exit Program.
Cargo Processing.--The Committee directs CBP to provide a
briefing on its efforts to improve automated commercial cargo
processing, to include passive scanning at POEs, not later than
60 days after the date of enactment of this Act.
Foreign Trade Zone.--The Committee is concerned that
insufficient staffing resources are being allocated to the
Foreign Trade Zone (FTZ) program and directs CBP to provide a
briefing, not later than 30 days after the date of enactment of
this Act, on staffing requirements of the FTZ program, to
include existing personnel gaps.
Parole for Lightering Crewmembers.--Not later than 90 days
after the date of enactment of this Act, CBP shall brief the
Committee on the costs, to include work hours and both pay and
non-pay costs if CBP no longer has to grant parole on a regular
basis to lightering crewmembers.
Lacey Act Amendment of 2008.--CBP is directed to provide a
briefing, not later than 60 days after the date of enactment of
this Act, on implementation of the Lacey Act Amendment of 2008,
related to illegally sourced plants and plant products,
including an assessment of any gaps in current enforcement
efforts.
Live Animal Imports.--CBP is reminded of the requirement in
House Report 118-87 that directs CBP to issue a report to
Congress evaluating the necessity of additional bonded
warehouses for live animal imports.
National Targeting Center (NTC).--The bill provides
$251,993,000 for targeting operations. Within these funds, CBP
is encouraged to review commercial, off-the-shelf artificial
intelligence capabilities, visual analytics, and search
platforms that might help improve NTC operations.
Office of Trade.--The Committee provides $383,116,000, an
increase of $6,375,000 above the request and $63,256,000 above
the fiscal year 2022 funding level. This includes a total of
$32,835,000 for combatting forced labor.
Additionally, the bill provides $17,112,000 above the
fiscal year 2022 level for the Advanced Trade Analytics
Platform. CBP is encouraged to evaluate the use of supply chain
traceability technology to determine the origin of cotton and
other raw materials used in textile goods suspected of being
produced using forced labor.
Outbound Inspections.--CBP is reminded of the direction in
House Report 118-87 to brief the Committee on efforts to
interdict the outbound flow of smuggled firearms and illicit
currency that facilitate the activities of transnational
criminal organizations.
Passive Person Scanning.--The Committee directs CBP to
brief the Committee not later than 90 days after the date of
enactment of this Act on the use of passive person screening to
include current and planned deployment of the technology.
Preclearance.--The Committee supports the continued
expansion of the preclearance program and urges CBP to consider
expansion to eligible partners in the Indo-Pacific region. CBP
is reminded of the direction in House Report 118-87 to brief
the Committee on the status of preclearance expansion efforts,
including a list of expansion candidate countries and
challenges to expansion, such as staffing, space, or other
constraints.
Port Upgrades.--The Committee urges CBP to routinely review
the baseline facility service levels for each POE and take
those service levels into consideration when acting on requests
for facility and security improvements. CBP should share
information on each POE's service levels with the port operator
and, not later than 90 days after the date of enactment of this
Act, provide aggregate information on current levels of service
to the Committee.
Resource Allocation Model (RAM).--Any modifications to the
RAM shall be described at the field and office level in future
budget submissions. Additionally, not later than 60 days after
the date of enactment of this Act, CBP shall brief the
Committee on resource and staffing shortfalls on the northern
and southern borders compared to levels prescribed by the RAM
for rail crossings and POEs in the land, air, and sea
environments, including cruise ship terminals. CBP is
encouraged to continue to improve the model by seeking external
review.
Secure Corridor Strategy.--CBP, the Federal Railroad
Administration (FRA), Servicio de Adminstracion Tributaria
(SAT), and freight railroads have collaborated on the
implementation of a Secure Corridor Strategy that has improved
the safety, security, and efficiency of cross-border trade and
freight movement. The Committee continues to encourage CBP to
continue working with FRA, SAT, and freight railroads to
further implement this strategy.
Tribal Travel Documents.--CBP is reminded of the
requirement in House Report 117-87 to brief the Committee on
the impact of non-WHTI compliant documents on tribal members
and how CBP is working with tribal governments to address
identification challenges.
U.S. Citizens Held in CBP Custody.--The Committee directs
CBP to provide a detailed report, within 90 days of the date of
enactment of this Act, on the number of U.S. citizens detained
for more than 24 hours at POEs during the last two fiscal
years. The report should include the ages and other demographic
information of the individuals detained, the length of
detention, and the rationale for their detention.
User Fee Airports.--Consistent with House Report 114-668
and House Report 116-180, the Committee strongly encourages CBP
to give priority consideration to an application for POE status
to any user fee airport that served at least 75,000 deplaned
international passengers in the previous calendar year.
Integrated Operations
Air and Marine Operations (AMO) Maritime Requirements.--Not
later than 120 days after the date of enactment of this Act,
CBP shall provide a briefing detailing AMO resource and
operational requirements related to securing the maritime
borders and approaches, including the number and types of
assets, technologies, and infrastructure.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2022....................... $572,083,000
Budget request, fiscal year 2023...................... 440,280,000
Recommended in the bill............................... 547,539,000
Bill compared with:
Appropriation, fiscal year 2022................... -24,544,000
Budget request, fiscal year 2023.................. +107,259,000
The Committee recommends the following increases above the
request: $100,000,000 for border technology procurement;
$20,000,000 for innovation technology; and $50,000,000 for non-
intrusive inspection (NII) equipment. The recommendation
includes the following decreases to the request: $20,221,000
for the common operating picture; $22,245,000 for the Multi-
role Enforcement Aircraft; and $20,528,000 for the Light
Enforcement Platform program.
Aircraft Sensor Upgrades.--The bill provides $13,000,000
for aircraft sensor upgrades, as requested. Within the funds
provided CBP is encouraged to consider the acquisition of high-
definition electro-optic, low cost, lightweight multimode
surveillance radar, and infrared sensors and KU-band satellite
communications systems.
Border Technology Procurement.--The Committee recommends
$100,000,000 for border security technology, which shall only
be available for autonomous surveillance, cross border tunnel
threats, mobile surveillance, aerostats, geospatial
capabilities, mesh networks, and search and rescue
capabilities.
The Commissioner is directed to prioritize procurement of
the most cost-effective technologies based on lifecycle costs,
system availability, reduced requirements for personnel, and
input from sector leadership. CBP shall provide a briefing to
the Committee on a plan for the obligation of these funds at
least 15 days prior to any obligation. The plan shall require
the direct approval of the CBP Commissioner and include:
(1) details about the process for prioritizing the
use of funds;
(2) a summary of planned obligations for fiscal year
2023, delineated by technology type;
(3) metrics that will be used to assess the cost
effectiveness of each type of technology for which
funds will be obligated and a plan for collecting the
data required for such metrics; and
(4) for continuing procurements, operational
effectiveness data that supports continued investment,
including evidence of support from sector leadership
based on actual use of the technology.
CBP shall notify the Committee at least 15 days prior to
the obligation of any funds based on a change to the initial
obligation plan.
Innovative Technology.--The Committee recommends a total of
$60,000,000 for innovation technologies, to include $40,000,000
within Operations and Support (O&S) and $20,000,000 under
Procurement, Construction, and Improvements (PC&I). CBP is
encouraged to review the following technologies: geospatial
search and rescue; unmanned maritime vessels; remote sensing;
mesh networking; satellite communications; vehicle
communications in LTE-denied areas; and aerostats. CBP is
directed to update the Committee on the planned obligation of
these funds not fewer than 15 days prior to any obligation of
funds. Funding shall not exceed $5,000,000 for any individual
project.
Light Enforcement Platform.--The Committee provides no
funding, a decrease of $20,528,000 from the request, for the
Light Enforcement Platform due to lack of executable schedule.
Currently, AMO is finalizing an analysis of alternatives that
is looking at either a fixed or rotary wing aircraft, but no
decision has been made on the specific type of platform. Until
DHS can provide additional details to include the type of
aircraft and detailed cost and schedule information, a request
for funding an aircraft is premature.
Multirole Enforcement Aircraft.--The Committee recommends
$38,000,000 for a new land variant multirole enforcement
aircraft program. As noted in House Report 117-87, following
the expiration of the previous contract for the maritime
variant, CBP plans to issue a new Request for Proposals for a
land variant later this fiscal year. The reduction recommended
below the request is associated with the incremental funding
strategy proposed by CBP. The Committee continues to strongly
discourage incremental funding approaches except in cases of
long lead time materials, such as for many Coast Guard
shipbuilding programs. The Committee reiterates it will only
recommend funding in a given fiscal year for the total cost of
an end-item, as defined by section 525 of this Act, to ensure
transparency in the full cost of an acquisition program.
Non-Intrusive Inspection (NII).--The Committee recommends
$50,000,000 for NII technology at land and sea ports of entry
(POE); no funding for NII was proposed in the CBP budget.
In fiscal year 2019, Congress provided $564,000,000 above
the request to improve the POE vehicle inspection process--a
paradigm shifting opportunity. The goal was to increase the
percentage of vehicles inspected from one percent for privately
owned vehicles (POV) and six percent for commercial vehicles to
40 percent for POV and 72 percent for commercial. It was the
vision of Congress to revolutionize the existing inspection
process at POEs by moving nonintrusive inspections to
preprimary lanes and employ artificial intelligence, machine
learning, and autonomous processes to not only streamline
searches for drugs and contraband, but also to substantially
increase security.
Unfortunately, CBP delayed the obligation of funds for the
inspection equipment until September 2021. Due to CBP's failure
to adequately estimate associated civil works costs, the
program unilaterally decided to remove the requirement to
include under vehicle x-ray inspection. Moreover, CBP also
failed to plan for, or invest in the integration of artificial
intelligence, machine learning, and autonomy into the program.
Instead, CBP's strategy continues to depend on CBP Officers to
review thousands of images manually to hunt for anomalies while
also attempting to match the images with manifests; there is
nothing novel about this approach. This delay, short-sighted
removal of under vehicle x-ray capabilities and failure to
innovate CBP's processes is inexcusable and must be immediately
addressed by current DHS leadership.
The Committee rescinds $30,000,000 of the funds provided in
fiscal year 2022 for NII and reappropriates the funding to
focus only on creating the innovations first planned over four
years ago. None of the funds provided may be obligated until
CBP provides an obligation plan focused on the adoption of
innovative processes and technologies to scan and catalogue
images--freeing up scarce CBP Officers to perform other needed
tasks.
P-3 Aircraft Mission System.--CBP's P-3 aircraft is an
integral part of the successful counternarcotics mission by
providing surveillance of air, land, and maritime smuggling
routes. However, while many platforms within DHS use a common
mission management system that links sensors to allow for
information sharing, the P-3 has yet to be upgraded with this
capability. Not later than 30 days after the date of enactment
of this Act, CBP shall brief the Committee on the current
mission system integration efforts across CBP platforms and
plans for the common mission system to be integrated into other
assets, to include the P-3.
U.S. Immigration and Customs Enforcement
Appropriation, fiscal year 2022....................... $8,258,226,000
Budget request, fiscal year 2023...................... 8,099,890,000
Recommended in the bill............................... 8,396,329,000
Bill compared with:
Appropriation, fiscal year 2022................... +138,103,000
Budget request, fiscal year 2023.................. +296,439,000
Mission
U.S. Immigration and Customs Enforcement (ICE) enforces
federal laws governing border control, customs, trade, and
immigration to promote homeland security and public safety and
helps facilitate the adjudication of legitimate claims of
asylum and other claims for status to remain in the United
States.
Homeland Security Investigations (HSI) is responsible for
disrupting and dismantling transnational criminal threats
facing the United States. HSI special agents also conduct
national security investigations targeting violations of the
nation's customs and immigration laws.
Enforcement and Removal Operations (ERO) enforces the
nation's immigration laws by identifying and apprehending
potentially removable noncitizens, detaining apprehended
individuals when necessary, and--depending on the outcome of
immigration court proceedings--removing them from the United
States in a manner consistent with legal processes and
procedures. ERO also ensures that potentially removable
individuals are afforded due process, treated humanely, and
offered case management services.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2022....................... $8,206,526,000
Budget request, fiscal year 2023...................... 8,002,128,000
Recommended in the bill............................... 8,298,567,000
Bill compared with:
Appropriation, fiscal year 2022................... +92,041,000
Budget request, fiscal year 2023.................. +296,439,000
The recommendation includes an overall increase of
$303,355,000 above the request, including $131,158,000 for HSI;
$121,207,000 for ERO; and $44,074,000 for mission support
activities.
ICE shall continue to provide detailed operational and
expenditure plans, as described in the explanatory statements
accompanying Public Laws 116-6, 116-93, 116-260, and 117-103.
ICE routinely fails to produce a monthly execution report or
provide answers about the execution of appropriated funds, such
as the status of funds and projected costs for program areas
such as: child exploitation investigation efforts; 287(g)
agreement execution and oversight; enforcement of forced labor
and intellectual property rights laws; and enterprise-wide
costs associated with tactical communications and fleet
management. The bill includes a new administrative provision
requiring monthly briefings on obligations and staffing levels
and a proviso is included in the appropriating paragraph that
reduces the amount available to ICE leadership offices when
these briefings are not provided by the statutory deadline.
In addition, ICE shall develop a plan to configure its
financial and reporting systems to better budget for and
monitor the costs of programs and initiatives and to track
obligations and expenditures against those programs and
initiatives; such a plan should be fully operational in the
first half of fiscal year 2023. Not later than 60 days after
the date of enactment of this Act, ICE shall brief the
Committee on the status of this effort, including a description
of anticipated risks and a mitigation plan to address those
risks.
Homeland Security Investigations
Assessment of Transnational Criminal Organizations
(TCOs).--The Committee continues to be concerned by reports of
TCOs targeting legitimate businesses along drug trafficking
routes. ICE is directed to update the assessment described
under this heading in House Report 117-87 and shall brief the
Committee on the results of the updated assessment not later
than 120 days after the date of enactment of this Act.
Blue Campaign.--The recommendation does not concur with the
proposed transfer of the Blue Campaign from OPE to the Center
for Countering Human Trafficking, located within HSI.
Enhancing and Modernizing HSI Capabilities.--The Committee
is concerned about the growing complexity and workload
associated with executing HSI missions--especially given the
increase in online and dark web activity, such as growing
reports of online child sex abuse; criminal activity related to
illicit opioid/fentanyl smuggling; and increased commercial
trade fraud and intellectual property rights infringement. The
Committee recognizes the advanced investigative skillset of the
HSI workforce, the unique compilation of HSI legal authorities,
and its critical role in investigating transnational criminal
organizations involved in trafficking individuals into and
within the United States.
Therefore, the Committee provides a total increase of
$131,958,000 above the request for HSI, including $74,339,000
to restore enhancements from the fiscal year 2022 funding Act;
$35,235,000 to restore proposed reductions intended to achieve
undefined efficiencies; and $24,084,000 for the HSI Border
Security Enforcement Taskforces, including $13,500,000 for
salaries and overtime for HSI state and local taskforce
officers and $10,584,000 for equipment, travel, training, and
other expenses.
ICE is directed to update the Committee with details about
the use of these additional funds as part of its monthly
operational and spending plans. Further, ICE shall provide
detailed staffing and budget assumptions about these efforts in
future budget requests.
Environmental Forensic Science.--The Committee encourages
ICE, in consultation with the Science and Technology
Directorate (S&T), to expand existing partnerships with
external, forensic science academic partners to better combat
transnational crime, particularly related to wildlife,
narcotics, weapons, and human trafficking.
Forced Labor.--HSI shall provide a briefing on its Forced
Labor investigations within 120 days of the date of enactment
of this Act.
HERO Child-Rescue Corps.--ICE is directed to spend not less
than $15,488,469 for this program. The Committee reminds ICE of
the briefing on the status of the HERO apprenticeship program
and looks forward to receiving this briefing as soon as
possible.
Angel Watch Center.--ICE is directed to include details
about the Angel Watch Center as part of its monthly operational
and expenditure plan briefings and include detailed staffing
and budget assumptions about the Center in future budget
requests.
Intellectual Property Rights Coordination Center.--ICE is
directed to spend not less than $18,470,375 for the
Intellectual Property Rights Coordination Center. The Committee
directs ICE to provide a briefing on its enforcement
priorities, including its work on digital and streaming piracy,
within 120 days of the date of enactment of this Act.
Human Rights Violators.--ICE is directed to continue its
efforts to investigate, remove, and prosecute individuals who
have committed human rights abuses, including persecution,
genocide, severe violations of religious freedom, torture,
extrajudicial killing, use or recruitment of child soldiers,
crimes against humanity, or war crimes. ICE shall provide a
briefing to the Committee within 180 days of the date of
enactment of this Act on the following:
(1) the total number of prosecutions and
investigations of human rights offenses and other
offenses committed and their outcomes, delineated by
serious human rights violators within each of the last
five fiscal years;
(2) efforts to increase the number of human rights
investigations and prosecutions; and
(3) any organizational, resource, or legal impediment
to investigating and prosecuting more human rights
violators.
Targeting Traffickers.--The Committee directs ICE to submit
a report on how it plans to increase undercover operations on
darknet marketplaces and spoof online advertisements for
fentanyl precursors or related chemicals on social media,
business-to-business websites, or other classified-ad
platforms.
Wildlife Trafficking.--ICE shall continue its work in
partnership with the U.S. Fish and Wildlife Service and CBP to
combat wildlife trafficking and to continue to produce the
related report required by Public Law 116-125. The report shall
include options for making the required information available
annually in a routine and public manner. Within 90 days of the
date of enactment of this Act, ICE shall brief the Committee on
budgetary and staffing resource needs for its wildlife
trafficking investigative work. The briefing shall include
historical funding levels and case hours dedicated to this
effort covering fiscal years 2020 through 2022.
Enforcement and Removal Operations
The recommendation provides a total increase of
$121,207,000 above the request, including increases of:
$21,207,000 to restore proposed reductions intended to achieve
undefined efficiencies; $20,000,000 to enhance legal access for
detained individuals, including increased access to legal
resources and electronic communications; $40,000,000 to improve
phone access to asylum officers and legal representatives for
detained individuals; $10,000,000 for the ICE Secure Docket
Card program to allow noncitizens access to immigration files
and documents; $20,000,000 for expansion of the Young Adult
Case Management program; and $10,000,000 for Alternatives to
Detention; ICE is directed to update the Committee on these
programs as part of its monthly operational and expenditure
plans, including both requested funding and the increases
included by the Committee. Further, ICE shall provide detailed
staffing and budget assumptions related to these efforts in
future budget requests.
287(g) Program.--The recommendation continues a provision
in the bill that requires ICE to provide a report to the
Committee and the public regarding 287(g) steering committee
membership and activities; performance data; the number of
individuals placed into removal proceedings by 287(g)-
designated officers; and any plans for future expansion of or
changes to the program. ICE is directed to publish applications
for new or renewed 287(g) agreements on its website at least
eight weeks prior to entering into any such agreement. In
addition, ICE shall ensure thorough vetting of 287(g)
applicants to minimize detention conditions that do not fully
comply with Performance-Based National Detention Standards and
Prison Rape Elimination Act standards.
OIG and CRCL are directed to provide rigorous oversight of
the 287(g) program, and ICE is directed to notify the Committee
prior to implementing any significant changes to the program,
including any changes to training requirements, data
collection, selection criteria, or the jurisdictions with which
ICE has agreements.
The bill continues a provision from prior years that
prohibits the continued delegation of 287(g) authority to any
local jurisdiction if the OIG determines that the jurisdiction
has materially violated the requirements of its 287(g)
agreement.
Access to Legal Representatives and Asylum Officers.--The
Committee is concerned that many individuals in ICE custody
still do not have appropriate access to telephone services or
electronic communications to contact legal and case support
services or to contact USCIS asylum officers. In addition, the
Committee continues to receive reports that individuals in ICE
custody often have difficulty scheduling appointments with
their legal representatives or accessing private spaces for
their communications. ICE is directed to brief the Committee
within 30 days of the date of enactment of this Act on plans to
improve communications and access to counsel for those in its
custody, including its use of the $60,000,000 recommended in
the bill above the request for those purposes.
Addressing Wrongful Removals.--ICE, USCIS, and other DHS
components are directed to leverage all mechanisms provided by
current law to facilitate the return to the United States of
individuals who were unjustifiably removed from the United
States under the immigration laws, or whose removal was
subsequently determined to be contrary to law. Such mechanisms
should include the use of humanitarian parole, supporting a
respondent's motion to reopen, and stipulation to relief from
removal. ICE should endeavor to ensure that such individuals
are restored to their prior lawful status, to the greatest
extent possible, or are afforded the ability to adjust to
lawful status, as appropriate. Not later than 60 days after the
date of enactment of this Act, ICE shall brief the Committee on
its efforts to comply with these directives.
Age-Outs.--ICE is again directed to prohibit the transfer
or maintenance of custody by ICE of any person formerly
designated as an unaccompanied child (UC) who reaches 18 years
of age in the custody of the Department of Health and Human
Services Office of Refugee Resettlement (ORR), as described in
8 U.S.C. 1232(c)(2), unless the ICE juvenile coordinator
provides written certification of compliance with the
requirement in 8 U.S.C. 1232(c)(2)(B) to consider placement in
the least restrictive setting. This written certification must
document the specific factors demonstrating that any
alternatives to detention, including but not limited to any
recommended in ORR's post-18 plan, would be insufficient to
mitigate any danger to self, threat to public safety, and/or
risk of flight. The Committee notes that neither the lack of a
sponsor nor the lack of an ORR-developed post-18 plan should be
dispositive factors. This written certification shall be
provided to the individual and the individual's attorney of
record upon request.
In addition, the Committee directs ICE to ensure that
training is provided to relevant personnel, including contract
personnel, on policies and procedures to ensure compliance with
8 U.S.C. 1232(c)(2)(B). Such training shall be mandated
annually for all officers who make custody decisions for
children who turn 18 in ORR custody, including but not limited
to deportation officers, field office juvenile coordinators,
and supervisory detention and deportation officers.
Finally, beginning not later than 30 days after the date of
enactment of this Act, ICE shall provide a monthly report to
the Committee with the number of UC who turned 18 in ORR
custody and were then transferred to ICE detention, including a
breakdown by ICE area of responsibility and the UC's most
recent type of ORR placement, the reason for detention, and
whether ORR provided a post-18 plan.
Alternatives to Detention (ATD) and Case Management
Services (CMS).--The recommendation provides an increase of
$42,186,000 above the request, for a total of $569,319,000 for
the ATD PPA to fund increases in enrollments into the ATD
program, Secure Docket Program, and case management services
and participation.
The Committee urges ICE to use the least restrictive form
of supervision necessary to ensure compliance with the terms of
the program; conduct regular reviews of each participant's
compliance and compliance obligations, with input from each
participant's counsel and/or case manager; and de-escalate
supervision requirements when warranted by such reviews.
Further, any individual enrolled into ATD shall not be required
to pay a bond for their release.
Additionally, DHS and ICE are reminded of the reporting and
publishing requirements regarding the ATD program described in
the explanatory statement accompanying the Department of
Homeland Security Appropriations Act, 2021, (Public Law 116-
260); the Committee reiterates the ATD CMS briefing and
operational directives described therein.
ATD Contracts.--ICE shall continue to brief the Committee
on any ATD contracts it awards under this program, including
contracts involving the Know Your Rights program for new
participants. ICE shall also continue providing a monthly
briefing on the number of noncitizens participating in the ATD
program, by technology type and cost by technology type, as
well as the number of participants who attend a portion of or
all of their immigration court hearings. In addition, ICE shall
continue to publish annually the following policies and data
relating to ATD:
(1) guidance for referral, placement, escalation, and
de-escalation decisions;
(2) enrollment by Field Office;
(3) information on the length of enrollment broken
down by type of ATD; and
(4) a breakdown of enrollment by type and point of
apprehension.
The recommendation also continues the case management
services grant program, which is funded in the ``Office of the
Secretary and Executive Management--Federal Assistance''
account and overseen by the Office for Civil Rights and Civil
Liberties.
ATD Referrals.--ICE shall continue to submit quarterly
reports to the Committee until the ATD referrals guidelines are
finalized. ICE shall submit an annual report on the number of
referrals submitted by non-government organizations and the
number of such referrals accepted into ATD programs that
utilize case management programs.
Bond Payments.--The Committee reminds ICE of its
requirements to provide the monthly bond statistics described
in House Report 116-9 and directs ICE to continue providing
such information in fiscal year 2023. Further, not later than
30 days after the date of enactment of this Act, ICE is
directed to provide a briefing to update the Committee on the
status of allowing the general public to post and pay bonds
electronically.
Bond Payments and the Use of Bail Bond Agents.--Within 180
days of the date of enactment of the Act, the Committee directs
ICE to provide a briefing on the use of bail bond agents by
individuals in ICE detention, including recommendations on how
to ensure that such individuals fully understand the costs of
using bail bond agents and related businesses and are made
aware of available alternatives.
Detention Capacity.--The Committee expects ICE to require
fewer detention beds as it shifts from its historical reliance
on a punitive enforcement model toward a more cooperative
compliance model through the use of the ATD program and case
management services. As ICE transitions to this new model,
there will continue to be a requirement for the short-term
detention of some adult asylum seekers presenting at the border
whose claims will be processed initially in ICE facilities
according to title 8 laws and regulations. To prevent
overcrowding that would create dangerous and inhumane
conditions in CBP's short-term holding facilities, the
recommendation supports the Administration's request for an
average daily population (ADP) of 25,000 for single adults for
fiscal year 2023.
Detention Contract Transparency.--ICE is directed to
continue the monthly publishing of a consolidated compilation
of contract documents for each of the facilities it uses for
immigration detention purposes, including the most current and
complete contract modification or addendum, any subcontracts,
and all bid solicitation requests. Not later than 30 days after
the date of enactment of this Act, the ICE Office of
Acquisition Management shall brief the Committee on the status
of complying with this requirement. Additionally, the Committee
directs ICE to publish:
(1) pre-occupancy inspection reports, full inspection
reports, Technical Assistance Reviews, and unredacted
inspection reports (unless required to protect
personally identifiable information);
(2) reports indicating whether a facility is
scheduled for follow-up inspections including future
Technical Assistance Reviews;
(3) the most current and complete contract
modifications or addendums, any subcontracts, and all
bid solicitation requests;
(4) requests for Information (RFIs) and Requests for
Proposals (RFPs) for any new or extended ICE detention
contracts; and
(5) a consolidated compilation of all contract
documents for each of the airline contracts or
subcontracts ICE uses for removal flights, lateral
flights, or expulsion flights executed pursuant to the
Title 42 public health order.
For any information in the contracts ICE claims requires
redaction under 5 U.S.C. 552, the Committee directs ICE to
provide the Committee with a written explanation for each such
redaction along with an unredacted version of each such
document. ICE shall refrain from redacting contract records
that are released without redactions in full by local
governments that are parties to the contract.
Detainee Forms.--ICE is directed to make every reasonable
effort to provide forms to detained persons in a language in
which the person is conversant, beginning with any forms
detained persons must sign.
Detention Standards for Transgender Detainees.--In cases
where ICE determines that detention is necessary for a
noncitizen person who self-identifies as transgender, the
Committee strongly urges the agency to only detain that person
in a facility that is contractually obligated to meet, at a
minimum, the requirements described in Attachment 1 of the June
19, 2015, ICE memorandum entitled, ``Further Guidance Regarding
the Care of Transgender Individuals'', unless such person
declines placement in such a facility after being informed of
the opportunity to do so.
Emergency Family Shelters.--The recommendation includes
$25,000,000 for emergency family shelters. The Committee
supports the Administration's end to the extended detention of
families and notes that ICE's current short-term custody
approach is intended to hold families for 72-hours or less for
the purpose of completing any needed processing documentation;
assessing health concerns; and enrollment into ATD and case
management services. It is critical that those activities not
occur in CBP holding facilities, which were designed for the
short-term processing of single adults and are particularly
inappropriate for families with children.
Menstrual Hygiene Products in Detention Facilities.--ICE
shall ensure that such products are freely available, as
needed, in detention facilities. ICE shall brief the Committee
not later than 45 days after the date of enactment of this Act
regarding the status of ICE's compliance with this requirement.
Multiple Funding Sources for Migrant Operations.--The
Committee denies the proposal transfer from ICE to CBP the
responsibility for the cost off-site medical claims for
migrants in CBP custody. The Committee is concerned that there
appear to be more than one funding stream to satisfy the same
requirements, especially with regard to the care, custody,
processing, and transportation of recent border crossers.
Despite years of Committee attempts to resolve this issue, as
far back as House Report 112-492 and through several oversight
engagements since, the problem remains.
In lieu of the proposed transfer of funding for migrant
medical costs, the Committee provides this funding to the DHS
Chief Readiness Support Officer, which shall work with the JRC,
ICE, CBP, the Chief Financial Officer, the Office of General
Counsel (as needed), and any other stakeholders to establish a
written and enforceable policy that clearly delineates roles
and responsibilities for the care, custody, processing, and
transportation of recent border crossers. Such policy shall
avoid allowing for multiple funding streams for the same
activity. Not later than 60 days after the date of enactment of
this Act and prior to the date such policy become effective,
CRSO shall provide a brief to the Committee on the policy.
Pregnant, Postpartum, and Lactating Women.--ICE is directed
to provide semiannual reports on the total number of pregnant,
postpartum, and lactating women in ICE custody, including
detailed justification for the circumstances warranting each
such detainee's continued detention and the length of her
detention. These anonymized reports shall be made publicly
available on the ICE website.
Reliance on Gang Databases.--The Committee looks forward to
a briefing on the forthcoming evaluation of the accuracy of ICE
databases used to issue immigration detainer requests, which
shall be provided not later than 30 days after its completion.
Removal and Detention Reporting.--ICE shall continue to
submit data on the removal of parents of U.S.-born children
semiannually, as in prior years, and shall also report
semiannually on removals of former members of the armed
services.
Additionally, ICE is directed to provide a semi-annual
report to the Committee detailing the number of individuals, by
field office, who are detained by ICE for removal from the
United States but are subsequently determined to be U.S.
citizens, along with the average and median lengths of stay in
detention for such individuals. The report should also describe
ICE's process for adjudicating claims of U.S. citizenship by
individuals it arrests for removal from the United States;
major impediments to more quickly resolving such claims; and
ICE's efforts to mitigate those impediments. The first report
is due within 90 days of the date of enactment of this Act.
Reporting on Criminality and Enforcement Priorities.--ICE
shall provide monthly briefings on detention and removal
actions as outlined in the explanatory statement accompanying
Public Law 117-103. This reporting shall differentiate
individuals detained or removed as a result of interior
enforcement efforts versus those from CBP encounters at the
border.
Segregation in Detention.--The Committee remains concerned
with the misuse of segregation in ICE detention, especially for
vulnerable and special populations. Within 90 days of the date
of enactment of this Act, ICE is directed to brief the
Committee on the status of implementing the recommendations in
the October 21, 2022, OIG report entitled, ``ICE Needs to
Improve Its Oversight of Segregation Use in Detention
Facilities'' (OIG-21-01). ICE should continue to report on
these populations as outlined in the explanatory statement
accompanying the fiscal year 2022 funding Act.
Special Immigrant Juvenile Status (SIJS).--The Committee
reinforces the value of the SIJS program in protecting abused,
abandoned, and neglected children whose best interests are to
remain in the United States, as determined by a state juvenile
court. The Committee urges ICE to prioritize implementation of
its victim-centered approach guidance and maximize utilization
of deferred action to further the goals of this classification.
Mission Support
The recommendation provides an increase of $44,074,000
above the request, which includes the following adjustments:
$9,074,000 to restore enhancements from the fiscal year 2022
funding Act and reject a proposed reduction to achieve
undefined efficiencies for the Office of Professional
Responsibility; and $35,000,000 for the body worn camera
program.
Body Worn Cameras (BWC).--The recommendation provides
$35,000,000 to allow ICE to implement the Department's new BWC
policies, including the development of agency guidance and
training for ICE personnel. In developing its guidance and
policies, ICE should use any results from its BWC pilot
program. Not later than 60 days after the date of enactment of
this Act, ICE shall brief the Committee on the timeline for
implementation and deployment of cameras to ICE personnel. This
briefing should also include a discussion of any anticipated
civil liberties or other concerns that may present challenges;
how the availability of recorded footage will comply with
Freedom of Information Act requirements; specific activities/
operations where the use of body-worn cameras could compromise
undercover criminal investigations; and activities where the
use of body-worn cameras will be of particular benefit to the
safety and wellbeing of officers, agents, detained individuals,
and the public.
Office of Detention Oversight (ODO).--The Committee is
encouraged by ODO's fiscal year 2022 progress, including:
planning to conduct additional, unannounced inspections;
reviewing compliance with each detention standard not less than
once every three years at each facility; to expand ODO's
oversight to facilities that detain individuals for 72-hours or
less; and conducting reviews and inspections of any special or
emerging facilities and programs. Not later than 90 days after
the date of enactment of this Act, ODO is directed to brief the
Committee on Appropriations, the House Judiciary Committee, and
the House Committee on Oversight and Government Reform on its
updated plan for detention facility inspections.
ICE is reminded that the detailed results of these
inspections shall be promptly published on a public-facing
website, redacted as needed to protect any personally
identifiable information, along with a plan of action and
milestones to address any deficiencies that were identified
during the inspection. The status of addressing such
deficiencies shall be validated by OIDO and be updated on the
ICE website not less that quarterly.
Consistent with direction provided in prior years, the ICE
Director shall have sole authority to approve detention
standard waivers and shall notify the Committee of any such
waiver within three business days of approval. Additionally,
ICE shall report publicly on a quarterly basis on any waivers
issued, including the justification for each such waiver.
Office of the Principal Legal Advisor
The recommendation provides the requested $402,314,000 for
the Office of the Principal Legal Advisor, including the
requested PC&I resources for additional OPLA facilities to
correspond with new Executive Office of Immigration Review
locations.
Protecting Separated Families.--OPLA attorneys shall, as
appropriate, resolve removal proceedings for separated families
through the use of stipulations and DHS shall expeditiously
adjudicate humanitarian parole requests submitted by or on
behalf of separated and removed family members seeking to enter
the United States.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2022....................... $51,700,000
Budget request, fiscal year 2023...................... 97,762,000
Recommended in the bill............................... 97,762,000
Bill compared with:
Appropriation, fiscal year 2022................... +46,062,000
Budget request, fiscal year 2023.................. - - -
The recommendation provides $97,762,000, as requested,
including $39,000,000 for a new medical and dental building and
a new administration building at the El Paso Service Processing
Center and $8,000,000 for cybercrimes technology and facility
enhancements. The Committee appreciates the justification and
details provided in the briefing on ICE's proposed use of these
funds. ICE is directed to include project- or investment-level
details in its monthly operational and expenditure plans, which
shall include any carryover balances of prior year funding.
Colocation of ICE offices.--Not later than 120 days after
the date of enactment of this Act, ICE shall brief the
Committee on its long-term colocation efforts. This briefing
should include a list of ERO, OPLA, HSI, and other ICE offices
with expiring leases over the next five years, any existing
colocation plans, and the estimated cost and savings (or cost
avoidance) associated with planned or potential colocations.
Facilities Backlog and Use.--ICE should update its plan for
completing facility condition assessments and provide quarterly
update briefings to the Committee on the plan, beginning not
later than 90 days after the date of enactment of this Act. ICE
is directed to incorporate these assessments into its outyear
budget requests for deferred maintenance funding.
Transportation Security Administration
Appropriation, fiscal year 2022....................... $8,487,461,000
Budget request, fiscal year 2023...................... 10,045,602,000
Recommended in the bill............................... 9,770,084,000
Bill compared with:
Appropriation, fiscal year 2022................... +1,282,623,000
Budget request, fiscal year 2023.................. -275,518,000
Mission
The Transportation Security Administration (TSA) is charged
with protecting U.S. transportation systems while facilitating
the flow of travel and commerce.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2022....................... $8,091,193,000
Budget request, fiscal year 2023...................... 9,542,725,000
Recommended in the bill............................... 9,244,863,000
Bill compared with:
Appropriation, fiscal year 2022................... +1,153,670,000
Budget request, fiscal year 2023.................. -297,862,000
The recommendation includes the following increases above
the request: $94,147,000 to continue staffing at certain exit
lanes; $6,854,000 to maintain fiscal year 2022 staffing levels
for Surface Visible Intermodal Prevention and Response (VIPR)
teams; $4,000,000 for pipeline cybersecurity activities; and
$4,500,000 for Federal Flight Deck Officer and Crew Training.
The recommendation includes the following decreases to the
request: $4,446,000 for the Real ID program management office;
$9,425,000 for on-person algorithm development that was
previously funded above the request in fiscal year 2022;
$22,344,000 for credential authentication technology, which the
recommendation funds in the PC&I account; and $376,148,000 for
repricing of personnel system changes.
Acquisition Staffing.--The Committee includes $5,000,000
above the request to hire additional support staff to
accelerate the opening of a new checked baggage qualification
window.
Biometric Identity Validation Tools.--The Committee
supports the development of biometric identity validation tools
by both the private and public sector to improve security and
facilitate the passenger journey from curb to gate. The COVID-
19 pandemic highlighted the necessity for the Office of
Biometric Identity Management, TSA, and CBP to continue funding
and expanding technology programs to decrease touchpoints for
domestic and international passengers while also protecting
personal identifying information.
Federal Flight Deck Officer and Crew Training.--The
Committee provides $25,399,000 for Federal Flight Deck Officer
and Crew Training, including $3,000,000 to support continuation
of initial training and $1,200,000 for expanded recurrent
training. Not later than 90 days after the date of enactment of
this Act, TSA is directed to brief the Committee on Federal
Flight Deck Officer (FFDO) and Crew Training program
enrollment, the backlog of FFDO candidates awaiting initial
training, utilization numbers for FFDO recurrent training, FFDO
firearms recertification training, and plans to mitigate
discrepancies between the President's budget request and
resource requirements.
Modernization and Interoperable Gateway System
Communications Pilot Program.--The Committee anticipates a
briefing on the feasibility, potential benefits, cost, and
schedule of the Modernization and Interoperable Gateway System
Communications Pilot Program, as required in House Report 117-
87.
National Deployment Force.--No funding enhancement was
included in the request for the National Deployment Force (NDF)
in the fiscal year 2023 request, despite a 300 percent increase
in NDF officer deployments thus far in fiscal year 2022. The
NDF supports airport screening operations during emergencies,
seasonal demands, severe weather conditions, or increased
passenger activity requiring additional screening personnel
above those normally available at airports. Not later than 90
days after the date of enactment of this Act, the Committee
directs TSA to provide a briefing on the increased demand for
the NDF workforce, which shall include a detailed budget and
staffing profile for fiscal years 2021 through 2023.
Personnel System Changes.--Most TSA personnel currently
participate in a TSA-specific pay structure that provides
compensation at rates significantly lower than similar jobs in
the federal civil service. The Administration has proposed
changes to the TSA system to make TSA pay commensurate with
other federal agencies, and to extend other equivalent rights
and protections. The Committee supports these changes as a
matter of basic fairness to TSA personnel, who play a critical
and physically demanding role in ensuring the safety of air
transportation, and also because it will help address TSA's
long-standing recruitment and retention challenges.
The Administration proposed to pay for this change to the
TSA pay system through a change to current law that would end
the diversion of a portion of passenger security fee revenue to
the Treasury. Unfortunately, the Committee is unable to effect
that statutory change in a way that would help make available
additional resources for fiscal year 2023. Nevertheless, the
Committee recommends $615,872,000 for the proposed personnel
initiatives, an amount calculated to allow a transition to the
new pay system not later than April 1, 2023.
Screening Technology Maintenance.--The Committee is aware
of the recommendation contained in a December 2019 GAO report
(GAO-20-56) for TSA to implement a process to ensure screening
technologies continue to meet detection requirements after
deployment. Without such a process, performance can degrade
over time and the risk of system failure increases. The
Committee directs TSA to develop a Post Implementation Review
(PIR) process for each screening technology, to include the
performance of the detection chain. Not later than 60 days
after the date of enactment of this Act, TSA is directed to
brief the Committee on its progress in development and
implementing the PIR process.
Surface Visible Intermodal Prevention and Response
(VIPR).--The Committee recognizes that VIPR teams provide
critical assistance to state and local law enforcement agencies
to better protect airports, mass transit hubs, and other
transportation facilities. The recommendation includes funding
to fully sustain this program in fiscal year 2023.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2022....................... $160,736,000
Budget request, fiscal year 2023...................... 119,345,000
Recommended in the bill............................... 141,689,000
Bill compared with:
Appropriation, fiscal year 2022................... -19,047,000
Budget request, fiscal year 2023.................. +22,344,000
The recommendation provides $22,344,000 above the request
for credential authentication technology (CAT); this funding
was requested in Operations and Support.
Qualified Products List.--TSA has not opened a
qualification window for checked baggage inline screening
systems since 2015. In order to take advantage of technological
improvements since then, TSA directed to expedite the update of
requirements for checked baggage screening equipment, and to
consider establishing a program for enhanced capability within
the checked baggage mission space to ensure U.S. airports have
access to the best screening technology available from the
Transportation Security Equipment Industry. The Committee
provides $5,000,000, above the request in the O&S Mission
Support PPA to hire additional support staff to accelerate the
opening of a new checked baggage qualification window. Not
later than 60 days after the date of enactment of this Act, TSA
shall brief the Committee on the status of implementing such a
program and the plan to establish a new qualification
opportunity for industry.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2022....................... $35,532,000
Budget request, fiscal year 2023...................... 33,532,000
Recommended in the bill............................... 33,532,000
Bill compared with:
Appropriation, fiscal year 2022................... -2,000,000
Budget request, fiscal year 2023.................. - - -
Coast Guard\1\
Appropriation, fiscal year 2022....................... $13,453,792,000
Budget request, fiscal year 2023...................... 13,579,656,000
Recommended in the bill............................... 14,357,296,000
Bill compared with:
Appropriation, fiscal year 2022................... +903,504,000
Budget request, fiscal year 2023.................. +777,640,000
\1\Totals include permanent indefinite discretionary and mandatory
appropriations.
Mission
The Coast Guard is the principal federal agency charged
with maritime safety, security, and stewardship. It is a
military, multi-mission, maritime service within the Department
of Homeland Security and one of the nation's six armed
services.
OPERATIONS & SUPPORT
Appropriation, fiscal year 2022....................... $9,162,120,000
Budget request, fiscal year 2023...................... 9,620,029,000
Recommended in the bill............................... 9,751,469,000
Bill compared with:
Appropriation, fiscal year 2022................... +589,349,000
Budget request, fiscal year 2023.................. +131,440,000
The recommendation includes an increase of $131,440,640,000
above the request, which includes adjustments to reflect the
fiscal year 2022 funding Act, other technical adjustments, and
program increases.
For Military Personnel, the recommendation provides an
increase of $31,044,000, including $16,044,000 to restore
enhancements from the fiscal year 2022 funding Act; $5,000,000
for recruiting and retaining a skilled and diverse workforce;
$5,000,000 for childcare subsidies; and $5,000,000 for the most
critical housing maintenance projects affecting habitability
and the health of the workforce and their families.
For Mission Support, the recommendation provides an
increase of $4,362,000, including $362,000 to restore
enhancements from the fiscal year 2022 funding Act and
$4,000,000 for environmental compliance and restoration
projects.
Within the Field Operations PPA, the recommendation
provides a net increase of $96,034,000: $63,434,000 to restore
enhancements from the fiscal year 2022 funding Act; $6,000,000
for Commercial Fishing Vessel Safety Grants; $7,000,000 for MH-
60T cutter deployability; $9,600,000 for MH-65 parts inventory;
$10,000,000 for tactical communications recapitalization.
No funds are provided in the proposed Contingency PPA;
consistent with the fiscal year 2022 funding Act, all funds are
instead distributed across the other PPAs.
The Committee continues a provision allowing for the
movement among PPAs of funding identified by the Coast Guard as
supporting the Department of Defense for enduring overseas
missions. The Coast Guard shall notify the Committee not later
than 15 days following any use of this authority.
Ballast Water Management and Invasive Species.--The
Committee encourages the Coast Guard to expand enforcement of
its regulations on ballast water management to prevent the
introduction and spread of invasive species, including through
biological assessments and ballast water testing. The Committee
is concerned that it has not yet received the report on this
issue required by House Report 116-458 and directs the Coast
Guard to immediately issue this report and to provide an
updated report not later than 90 days after the date of
enactment of this Act.
Delayed Payments.--The Committee is concerned with the
delayed payments for vendors, contractors, and official travel
reimbursement to uniformed and civilian personnel that resulted
from the Coast Guard's transition to a new financial management
system. Within 30 days of the date of enactment of this Act,
the Coast Guard is directed to brief the Committee on the full
extent of the delays, the number of vendors and personnel
affected, and the total amount of payments delayed.
District 14 Housing and Facilities.--The Committee directs
the Coast Guard to provide a briefing, within 120 days of the
date of enactment of this Act, on the housing and facilities
available for Coast Guard personnel and their families, the
condition of those facilities, and the Coast Guard's plans for
completing any necessary improvements and upgrades.
Electronic Health Records.--The Coast Guard is directed to
brief the Committee, not later than 120 days after the date of
enactment of this Act, on its ongoing activities related to the
digital transition of Coast Guard legacy health records to the
Military Health System Genesis system, including timelines and
costs associated with the transition.
Environmental Compliance and Restoration (ECR) Backlog.--
The Committee directs the Coast Guard to provide a briefing,
within 45 days of the date of enactment of this Act, on how it
will allocate the additional ECR funding provided in the bill
across the outstanding project backlog.
Foreign Language Capacity.--The Committee notes that
improving foreign language skills in the Coast Guard is
critical for effective operations, particularly in the Indo-
Pacific region. Within 180 days of the date of enactment of
this Act, the Coast Guard is directed to provide a briefing on
any difficulties caused by language barriers for operations in
the region, how the Coast Guard is mitigating these
difficulties, any formal language training the Coast Guard
provides to its personnel, and the feasibility of partnering
with other federal agencies to expand language training to
Coast Guard personnel.
Fusion Centers.--The Committee encourages the Coast Guard
to expand participation in fusion centers and other cooperative
intelligence-sharing efforts with partners and allies in the
Indo-Pacific region, especially the Pacific Fusion Centre
focused on Oceania. No later than 90 days after the date of
enactment of this Act, the Coast Guard is directed to provide a
briefing on its strategy to deepen engagement with key partners
and allies through cooperative intelligence-sharing efforts and
regional fusion centers.
Great Lakes Icebreaker Program.--The Coast Guard is tasked
by Executive Order to carry out domestic icebreaking efforts on
the Great Lakes in support of commerce. Not later than 120 days
after the date of enactment of this Act, the Coast Guard is
directed to brief the Committee on the analysis developed by
the program management office on mission needs in the Great
Lakes region and current cost estimates for expanding
icebreaking capacity, as necessary, to meet that need.
Indo-Pacific Strategy.--The Committee directs the Coast
Guard to provide an update the Pacific Area's Strategic Intent
Report for Fiscal Years 2015 to 2019 that details the Coast
Guard's evolving role in the Indo-Pacific within 180 days of
the date of enactment of this Act. The report shall include a
strategy, implementation plans, performance measures, and risk
assessments, and also identify key partnerships.
Interoperable Gateway System Technology (IGS).--The Coast
Guard is directed to brief the Committee on the feasibility and
value of incorporating IGS technology not later than 120 days
after the date of enactment of this Act.
Litter Basket Stabilization Technology.--The Coast Guard is
directed to brief the Committee within 120 days of the date of
enactment of this Act on its plan for the procurement and
maintenance of Litter Basket Stabilization Technology for
search and rescue missions.
Maritime Domain Awareness.--The Committee encourages the
Coast Guard to consider and test the use of commercial space-
based radio frequency data and geospatial technology in its
Maritime Domain Awareness Activities and operations.
Oceania Operations.--The Coast Guard shall provide a
briefing to the Committee not later than 120 days after the
date of enactment of this Act on its capabilities and
operations in Oceania. The briefing should include a list of
current assets in the region, any assets and capabilities
needed to address unfulfilled requirements, and an analysis of
the assets available compared to other districts and regions.
Small Arms Simulation.--The Committee encourages the Coast
Guard to explore the use of performance based, small arms
simulation training technologies to help improve cognitive
skills, operator situational awareness, and judgement in high-
risk operations.
STARBASE Program.--The Committee supports the Coast Guard's
efforts to engage with the Department of Defense on the youth
STARBASE program, which provides ``hands-on, minds-on''
opportunities for young students to interact with military
personnel and explore real-world applications of science,
technology, and math. As the Coast Guard expands these efforts,
the Committee encourages an emphasis on using nontraditional
classroom settings and engaging with minority-serving
institutions, as well as a focus on Science, Technology,
Engineering, and Mathematics education programs.
Towing Vessel Inspection Fee.--The Coast Guard issued a
Notice of Proposed Rulemaking in January 2022 that would update
its user fees for seagoing towing vessels that are 300 gross
tons or more and revise user fees for other inspected towing
vessels. Not later than 60 days after the date of enactment of
this Act, the Coast Guard is directed to brief the Committee on
the status of the rulemaking and implementation of the new user
fees.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2022....................... $2,030,100,000
Budget request, fiscal year 2023...................... 1,654,850,000
Recommended in the bill............................... 2,301,050,000
Bill compared with:
Appropriation, fiscal year 2022................... +270,950,000
Budget request, fiscal year 2023.................. +646,200,000
The Committee recommends $646,200,000 above the request,
including $302,000,000 for vessels; $138,500,000 for aircraft;
$19,700,000 for other acquisition programs; and $186,600,000
for shore facilities and aids to navigations.
The Coast Guard is directed to continue to brief the
Committee quarterly on all major acquisitions. In particular,
the Committees remain concerned about the cost and schedule of
the OPC and PSC programs and the briefing should include
additional detailed information on the progress of these
programs.
The Committee also directs the Coast Guard to include an
estimate of the receipts to be deposited in the Housing Fund
for the budget year and a plan for the expenditure of those
funds in its annual budget justifications. Any deviations from
the plan shall be reported to the Committee not fewer than 15
days before the obligation of associated funds.
Vessels
Fast Response Cutter (FRC).--The recommendation provides
$131,000,000 for the FRC program, an increase of $115,000,000
above the request for FRCs funded in prior years to cover
class-wide activities, including economic price adjustments
related to the rise in material and labor costs and for post-
delivery missionization costs.
National Security Cutter (NSC).--The Committee provides
$147,000,000, which is $87,000,000 above the request, for the
NSC program. This funding will support post-delivery activities
to missionize and operationalize NSCs 10 and 11.
Offshore Patrol Cutter (OPC).--The recommendation provides
the requested $650,000,000 to continue the program of record
for these critical assets. The Committee directs the Coast
Guard to continue to provide additional program and schedule
details quarterly, as described in the explanatory statement
accompanying Public Law 117-103 as part of the required
quarterly acquisition briefings.
Polar Security Cutter (PSC).--The Committee provides
$257,200,000 for the PSC program, an increase of $90,000,000
above the request for the remaining cost of long lead time
materials and the start of construction of a third PSC. The
Committee recognizes the strategic importance of an expanded
U.S. presence in the polar regions, especially the Arctic. The
Committee directs the Coast Guard to continue to provide
additional program and schedule details quarterly, as described
in the explanatory statement accompanying Public Law 117-103 as
part of the required quarterly acquisition briefings.
Polar Icebreaking Interim Strategy.--The Committee
recognizes the Coast Guard's effort to increase its presence in
the Arctic region before the first PSC enters service. The
recommendation includes the requested funding of $125,000,000
for the acquisition of a commercially available polar
icebreaker to serve as an interim measure. The Committee notes
that both 14 U.S.C. 1151 and 10 U.S.C. 8679 include waiver
provisions for vessels not constructed in the United States. In
order to conduct a full and open competition, the Coast Guard
shall expand its source selection criteria to include
commercially available polar icebreaking vessels that may
require such a waiver. The Coast Guard is directed to brief the
Committee not later than 30 days after the date of enactment of
this Act on an updated procurement plan.
The Committee is concerned about the potential cost to
fully missionzie a commercially available polar icebreaker for
Coast Guard operations. Prior to the obligation of any funding
for vessel acquisition, the Cost Guard shall brief the
Committee on a proposed concept of operations and a detailed
cost estimate for the vessel, including estimated costs for
acquisition, modification, homeporting, crewing, and
maintaining the vessel by year for its estimated service life.
Waterways Commerce Cutter (WCC).--The recommendation
includes the requested $77,000,000 to begin recapitalization of
the nation's inland tenders and barges.
Special Purpose Craft (SPC)-Heavy Weather (HWX).--The
recommendation includes $10,000,000 to begin program management
for the replacement of the capabilities provided by 52-foot SPC
HWX in the Pacific Northwest. Not later than 180 days after the
date of enactment of this Act, the Coast Guard shall brief the
committee on the requirements analysis of Pacific Northwest
search and rescue missions, including the need for the
specialized towing and surf capability of this vessel.
Aircraft
HC-130J Acquisition/Conversion/Sustainment.--The Committee
recommends $128,500,000, to acquire and missionize the
twentieth HC-130J long range surveillance aircraft as part the
program of record of twenty-two aircraft. No funding was
proposed in the budget for this asset.
Sparing for Fixed-Wing Aircraft.--The recommendation
includes $10,000,000 above the request to establish on-site
inventory for HC-130J and HC-27J aircraft planned for delivery
to Barbers Point, HI, and Clearwater, FL. This funding includes
spare parts, sensor suites, depot maintenance material, and
ground support equipment necessary for aircraft operations, as
well as LLTM required to accelerate the missionization of HC-
27J aircraft #3 and #4.
Other Acquisition Programs
The recommendation includes $19,700,000 above the request
for priority items on the Coast Guard's Unfunded Priorities
List (UPL), including $9,700,000 for Hyperbaric Recompression
Chambers; and $10,000,000 for the Vessel Traffic System (VTS)
and modernization efforts.
Shore Facilities and Aids to Navigation
The recommendation supports several projects from the Coast
Guard's UPL including: $56,000,000 for the Coast Guard Yard
upgrade; $75,000,000 for the PSC homeport in Seattle;
$10,000,000 for phase 3 of the family housing project at Fort
Wadsworth-Sector New York; $35,000,000 for construction and
expansion of Coast Guard Child Development Centers; and
$10,000,000 for the Air Station Barbers Point hangar project.
Smart Buoys and Aids to Navigation.--The Committee
encourages the Coast Guard to continue and expand investments
in technology to modernize aids to navigation in a way that
increases safety, decreases recovery and monitoring costs, and
supports a reduction in the environmental impact at ports.
Air Station Barbers Point Hangar Project.--The
recommendation includes $10,000,000 for this project. The
Committee directs the Coast Guard to provide a briefing on any
additional requirements of Air Station Barbers Point, including
maintenance requirements caused by the upgrade of both fixed
wing and rotary aircraft and the feasibility of building a
permanent hangar in addition to the tension hangar currently
under construction.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2022....................... $7,476,000
Budget request, fiscal year 2023...................... 7,476,000
Recommended in the bill............................... 7,476,000
Bill compared with:
Appropriation, fiscal year 2022................... - - -
Budget request, fiscal year 2023.................. - - -
Blue Technology Center of Expertise.--The Committee directs
the Coast Guard to continue to report periodically on the
successes of the Center and encourages the continuation and
expansion of this partnership.
HEALTH CARE FUND CONTRIBUTION\1\
Appropriation, fiscal year 2022....................... $240,577,000
Budget request, fiscal year 2023...................... 252,887,000
Recommended in the bill............................... 252,887,000
Bill compared with:
Appropriation, fiscal year 2022................... +12,310,000
Budget request, fiscal year 2023.................. - - -
\1\This is a permanent indefinite discretionary appropriation.
The Health Care Fund Contribution accrues the Coast Guard's
military, Medicare-eligible health benefit contribution to the
DoD Medicare-Eligible Retiree Health Care Fund. Contributions
are for future Medicare-eligible retirees, as well as retiree
dependents and their potential survivors.
RETIRED PAY
Appropriation, fiscal year 2022....................... $1,963,519,000
Budget request, fiscal year 2023...................... 2,044,414,000
Recommended in the bill............................... 2,044,414,000
Bill compared with:
Appropriation, fiscal year 2022................... +80,895,000
Budget request, fiscal year 2023.................. - - -
The Retired Pay mandatory appropriation provides payments
as identified under the Retired Serviceman's Family Protection
and Survivor Benefits Plans and other retired personnel
entitlements identified under prior-year National Defense
Authorization Acts. This appropriation also includes funding
for medical care of retired personnel and their dependents.
United States Secret Service
Appropriation, fiscal year 2022....................... $2,611,888,000
Budget request, fiscal year 2023...................... 2,703,509,000
Recommended in the bill............................... 2,727,509,000
Bill compared with:
Appropriation, fiscal year 2022................... +115,621,000
Budget request, fiscal year 2023.................. +24,000,000
Mission
The United States Secret Service (USSS) protects and
investigates threats against the President and Vice President,
their families, visiting heads of state, and other designated
individuals; protects the White House, the Vice President's
Residence, foreign missions, and certain other facilities
within Washington, D.C.; and coordinates the security at
National Special Security Events (NSSE). The Secret Service
also investigates violations of laws relating to counterfeiting
of obligations and securities of the United States; financial
crimes, including access device fraud, financial institution
fraud, identity theft, and computer fraud; and computer-based
attacks on financial, banking, and telecommunications
infrastructure. In addition, the agency provides support for
investigations related to missing and exploited children.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2022....................... $2,554,729,000
Budget request, fiscal year 2023...................... 2,633,596,000
Recommended in the bill............................... 2,645,596,000
Bill compared with:
Appropriation, fiscal year 2022................... +90,867,000
Budget request, fiscal year 2023.................. +12,000,000
The recommendation includes $12,000,000 above the request,
including $5,000,000 for the National Threat Assessment Center,
$5,000,000 for radios, and $2,000,000 to continue work on the
White House training facility design.
Within the total amount provided, the bill makes
$52,296,000 available until September 30, 2024, of which
$12,880,000 is for the James J. Rowley Training Center;
$15,241,000 is for Operational Mission Support (OMS);
$4,500,000 is for National Special Security Events (NSSE);
$1,675,000 is for International Cooperative Administrative
Support Services; and $18,000,000 is for protective travel.
Financial Crimes.--The Committee continues to recognize the
efforts of the Secret Service's Cyber Fraud Task Forces to
combat bank card access device fraud (skimming) across the
United States, as well as the work of the National Computer
Forensics Institute to train and equip state, local, and tribal
law enforcement personnel to effectively investigate and
prosecute electronic crimes, including skimming.
National Threat Assessment Center (NTAC).--The Committee
provides an additional $5,000,000 for NTAC, which supports
efforts by public and private sector entities to confront the
threat of targeted violence that impacts communities, including
schools. The USSS is encouraged to hire additional personnel to
expand NTAC research and training on targeted school violence
nationwide and promote the developments of best practices and
standardization across all levels of government on threat
assessment and prevention of targeted violence.
The Center shall coordinate with relevant Federal agencies,
State and local education, law enforcement, mental health
officials, and private entities in developing and offering
training courses on preventing targeted school violence to
public or private entities, including local educational
agencies, with public safety responsibilities.
Additionally, not later than 30 days after the date of
enactment of this Act, the USSS, jointly with Cybersecurity and
Infrastructure Security Agency, shall brief the Committee on
their current efforts to enhance school safety, including
guides, tools, threat and vulnerability assessments, training
exercises, and any other efforts. The briefing shall include an
assessment of the impact of each these efforts and shall also
include a discussion of strategies to help education
institutions and communities recover from the impacts of these
events.
Presidential Campaigns, Former Presidents Protection,
Nominating Conventions, and NSSE--.The Committee directs USSS
to brief the Committee quarterly on resources required for
Presidential Campaigns, protection of former Presidents,
nominating conventions, and other NSSE's. The briefings shall
include up-to-date estimates of needs that differ from
estimates identified in the budget request.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2022....................... $54,849,000
Budget request, fiscal year 2023...................... 65,888,000
Recommended in the bill............................... 77,888,000
Bill compared with:
Appropriation, fiscal year 2022................... +23,039,000
Budget request, fiscal year 2023.................. +12,000,000
The recommendation includes $12,000,000 above the request
to begin the initial design and construction for a new White
House training facility at Rowley Training Center. Prior to
execution of the funding, the USSS shall provide justification
for the number of acres required that are in excess of the
existing footprint of the White House.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2022....................... $2,310,000
Budget request, fiscal year 2023...................... 4,025,000
Recommended in the bill............................... 4,025,000
Bill compared with:
Appropriation, fiscal year 2022................... +1,715,000
Budget request, fiscal year 2023.................. - - -
Title II--Administrative Provisions
Section 201. The Committee continues by reference a
provision regarding overtime compensation.
Section 202. The Committee continues a provision allowing
CBP to sustain or increase operations in Puerto Rico with
appropriated funds.
Section 203. The Committee continues a provision regarding
the availability of fee revenue collected from certain arriving
passengers.
Section 204. The Committee continues a provision allowing
CBP access to certain reimbursements for preclearance
activities.
Section 205. The Committee continues a provision regarding
the importation of prescription drugs by an individual for
personal use.
Section 206. The Committee continues a provision regarding
waivers of the Jones Act.
Section 207. The Committee continues a provision
prohibiting DHS from establishing a border crossing fee.
Section 208. The Committee continues a provision
prohibiting the obligation of funds prior to the submission of
an expenditure plan for funds made available for CBP
Procurement, Construction, and Improvements.
Section 209. The Committee continues and modifies a
provision prohibiting the construction of border security
barriers in specified areas.
Section 210. The Committee includes a new provision
regarding the use of prior year appropriations for border
barrier.
Section 211. The Committee includes a provision regarding
the transfer of funds.
Section 212. The Committee includes a new provision
regarding the application of certain limitations on the use of
prior year appropriations for border barrier.
Section 213. The Committee continues a provision regarding
the 287(g) program.
Section 214. The Committee continues a provision
prohibiting the use of funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support''
to contract for detention services if the facility receives
less than ``adequate'' ratings in two consecutive performance
evaluations.
Section 215. The Committee continues a provision regarding
the reprogramming of funds related to the detention of aliens.
Section 216. The Committee continues by reference a
provision that requires ICE to provide statistics about its
detention population.
Section 217. The Committee continues and modifies a
provision related to information sharing between ICE and the
Office of Refugee Resettlement (ORR) that prohibits ICE from
using information for removal purposes if it was provided by as
part of a process of sponsoring an unaccompanied alien child or
reuniting a child with a family member or if it is based on
information gathered in therapy sessions for child while in
ORR.
Section 218. The Committee continues a provision by
reference related to information sharing and on reporting under
the 287(g) program.
Section 219. The Committee includes a new provision on
monthly execution briefings by the Director of Immigration and
Customs Enforcement.
Section 220. The Committee includes a new provision to
focus Homeland Security Investigations activities on functions
that are not redundant to those of Enforcement and Removal
Operations.
Section 221. The Committee includes a new provision related
to allowances for work performed by individuals in custody.
Section 222. The Committee continues a provision clarifying
that certain elected and appointed officials are not exempt
from federal passenger and baggage screening.
Section 223. The Committee continues a provision directing
the deployment of explosive detection systems based on risk and
other factors.
Section 224. The Committee continues a provision
authorizing TSA to use funds from the Aviation Security Capital
Fund for the procurement and installation of explosive
detection systems or for other purposes authorized by law.
Section 225. The Committee continues and modifies a
provision directing the Administrator of TSA to report to
specified Committees about the agency's investment plans.
Section 226. The Committee includes a new provision
extending the authorization for a pilot program.
Section 227. The Committee continues a provision
prohibiting funds made available by this Act under the heading
``Coast Guard--Operations and Support'' for recreational vessel
expenses, except to the extent fees are collected from owners
of yachts and credited to this appropriation.
Section 228. The Committee continues a provision under the
heading ``Coast Guard--Operations and Support'' allowing up to
$10,000,000 to be reprogrammed to or from Military Personnel
and between the Field Operations funding subcategories.
Section 229. The Committee continues a provision requiring
submission of a future-years capital investment plan.
Section 230. The Committee continues a provision related to
the reallocation of funds for certain overseas activities.
Section 231. The Committee continues a provision allowing
for use of the Coast Guard Housing Fund.
Section 232. The Committee includes a provision related to
towing vessel fees.
Section 233. The Committee continues a provision allowing
the Secret Service to obligate funds in anticipation of
reimbursement for personnel receiving training.
Section 234. The Committee continues a provision
prohibiting funds made available to the Secret Service from
being used for the protection of the head of a federal agency
other than the Secretary of Homeland Security, except when the
Director has entered into a reimbursable agreement for such
protection services.
Section 235. The Committee continues a provision allowing
the reprogramming of funds within ``United States Secret
Service--Operations and Support''.
Section 236. The Committee continues a provision allowing
for funds made available for ``United States Secret Service--
Operations and Support'' to be available for travel of
employees on protective missions without regard to limitations
on such expenditures in this or any other Act after
notification to the Committees on Appropriation.
Section 237. The Committee includes a new provision
concerning the release of removable aliens into the United
States.
Section 238. The Committee includes a new provision
limiting the processing of aliens encountered at the U.S.
border under the immigration laws if they would have been
expelled under title 42 authority as of January 19, 2021.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
Appropriation, fiscal year 2022....................... $2,593,656,000
Budget request, fiscal year 2023...................... 2,510,692,000
Recommended in the bill............................... 2,927,792,000
Bill compared with:
Appropriation, fiscal year 2022................... +334,136,000
Budget request, fiscal year 2023.................. +417,100,000
Mission
The Cybersecurity and Infrastructure Security Agency (CISA)
is responsible for enhancing the security of the nation's
physical and cyber infrastructure and interoperable
communications systems; safeguarding and securing cyberspace;
and strengthening national preparedness and resilience.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2022....................... $1,992,527,000
Budget request, fiscal year 2023...................... 1,961,613,000
Recommended in the bill............................... 2,373,213,000
Bill compared with:
Appropriation, fiscal year 2022................... +380,686,000
Budget request, fiscal year 2023.................. +411,600,000
The recommendation includes $308,775,000 above the request
to sustain fiscal year 2022 enhancements and $132,055,000 above
fiscal year 2022 levels to sustain investments made in the
American Rescue Plan Act of 2021, (Public Law 117-2).
Additionally, the recommendation provides $124,455,000 in new
capability enhancements, including: $91,500,000 for the
Cybersecurity Division; $21,800,000 for the Infrastructure
Security Division; $1,890,000 for Risk Management Operations;
and $3,620,000 for Mission Support. Of the total amount
provided for this account, $28,293,000 is available until
September 20, 2024, for the National Infrastructure Simulation
Analysis Center (NISAC).
CISA is directed to continue to provide quarterly budget
and staffing briefings as described in the explanatory
statement accompanying the fiscal year 2022 funding Act (Public
Law 117-103).
CISA Review.--Section 1745 of the ``William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021'' (Public Law 116-283), directed the Secretary of Homeland
Security to ``conduct a comprehensive review of the ability of
the [Cybersecurity and Infrastructure Security] Agency to
fulfill--(A) the missions of the Agency; and (B) the
recommendations detailed in the report issued by the Cyberspace
Solarium Commission.'' The report is to include a comprehensive
evaluation of whether CISA has the personnel and resources
necessary to carry out its growing mission, and it was due to
Congress on January 1, 2022. The Committee understands that
several factors have led to delays in producing this report.
Those factors notwithstanding, continued delay hinders
Congress's ability to make informed decisions about resourcing
the agency. Accordingly, the Committee expects the report to be
delivered not later than 30 days after the date of enactment of
this Act.
Cybersecurity
Accreditation of Third-Party Cybersecurity Service
Providers.--The Committee recognizes that, while a robust
market of private sector cybersecurity providers is necessary
to meet demand from vulnerable entities and protect national
critical functions from cybersecurity threats, critical
infrastructure organizations may lack the expertise and/or the
information necessary to identify and select highly qualified
providers. The Committee encourages CISA to continue efforts to
develop standardized requirements for and accredit third-party
cybersecurity service providers and make available the list of
such providers to federal agencies, SLTT governments, and
critical infrastructure organizations. The recommendation
includes $5,000,000 above the request to expand this effort to
include vulnerability assessment and incident response
providers.
Civilian CyberCorps.--The Committee looks forward to the
briefing required by House Report 117-87 on the development of
a plan to recruit, train, and educate personnel; shift military
veterans into federal service upon discharge from active duty
or engage reservists in civilian cyber workforce roles; manage
digital careers; and set standards for digital workforce
qualifications.
Collaborative Analysis of Cyber Threat Indicators.--The
Committee recognizes the need to develop shared situational
awareness of cybersecurity risks and cybersecurity threats
across the public and private sectors. Therefore, the Committee
supports the use of funds appropriated to Mission Systems
Engineering Environment for the identification, purchase,
development, and deployment of tools and analytical software
that can be applied and shared across CISA to query, receive,
manipulate, transform, and display data and information on
cybersecurity risks and cybersecurity threats and to enable
collaborative analysis and cross-correlation of such data and
information at the speed and scale necessary for rapid
detection and identification.
Critical Infrastructure Cybersecurity Shared Services Pilot
Program.--The Committee is concerned with the exposure of the
nation's critical infrastructure to cyber threats and
vulnerabilities and the potential impact to national security
and national critical functions from damaging cyber intrusions.
Therefore, the recommendation includes $15,000,000 above the
request for the development of a pilot program to make
available scalable commercial cybersecurity shared services
that critical infrastructure entities can utilize to detect and
prevent cybersecurity threats and mitigate vulnerabilities more
effectively. These shared services may include both
capabilities currently provided to federal civilian agencies
and new services tailored to address specific cybersecurity
risks facing critical infrastructure.
Cyber Defense Education and Training Program (CDET).--The
recommendation includes $17,300,000 above the request to
support CDET, of which $5,000,000 is for the Federal Cyber
Reskilling Academy; $2,500,000 is for the National Initiative
for Cybersecurity Education; $3,000,000 is for grants or
cooperative agreements for non-traditional training providers
to provide apprenticeships, certification programs and other
opportunities to create pathways into the cyber workforce; and
$6,800,000 is for continuing investments in cybersecurity
education programs targeting the kindergarten through 12th
grade (K-12) community, including the Cybersecurity Education
and Training Assistance Program (CETAP). CISA is encouraged to
support a mix of geographically diverse higher education
institutions, including in non-contiguous states, that are
focused on connecting K-12 learners and environments with post-
secondary education and resources.
The Committee notes that the request once again proposes to
eliminate CISA funding for these programs. While the request
indicates that CISA would work with the National Science
Foundation (NSF) to build and strengthen the national
cybersecurity workforce, there are no identifiable parallel
efforts in the NSF budget request. The Committee looks forward
to the briefing required in the explanatory statement
accompanying the fiscal year 2022 funding Act (Public Law 117-
103) regarding a funding strategy for these requirements.
With the funding intended for non-traditional training
providers, CISA is encouraged to increase the number of
organizations targeted at incentivizing and expanding employer-
supported efforts to bridge the gap between entry-level and
mid-career professionals. Incentivizing the development of
programs that provide initial professional experience and
hands-on training should be among the key priorities of these
efforts.
Cyber Incident Reporting for Critical Infrastructure.--The
Cyber Incident Reporting for Critical Infrastructure Act of
2022 (CIRCIA) (Public Law 117-103) mandates that CISA publish a
Notice of Proposed Rulemaking in the Federal Register within 24
months of enactment of that Act, and issue a final rule 18
months later, to implement mandatory cyber incident reporting
for all critical infrastructure owners and operators. A subset
of these owners and operators, to be defined in the rulemaking,
will be required to report any cyber incident to CISA within 72
hours and any ransom payment within 24 hours. To support CISA's
rulemaking, outreach, receiving and sharing reports, analyses,
and report aggregation requirements as required by CIRCIA, the
recommendation provides $45,000,000 above the request. Not
later than 60 days after the date of enactment of this Act,
CISA shall brief the Committee on the necessary resource
requirements to ensure full compliance with CIRCIA.
Cyber Sensor Capabilities.--CISA is encouraged to continue
partnering with other government agencies (e.g., the Department
of Energy) to provide real-time monitoring; advanced warning of
threats, including advanced persistent threats (APT); and
detection of attacks on Operational Technology (OT) systems,
including Supervisory Control and Data Acquisition (SCADA) and
Industrial Control Systems (ICS) as part of the broader
CyberSentry program.
Cyber Threat Intelligence ``As-a-Service''.--The
recommendation includes $2,500,000 above the request to enable
CISA to continue efforts funded in fiscal year 2022 to enhance
its cyber threat intelligence ``as-a-service'' capabilities
through CISA's Cybersecurity Shared Services Office (CSSO).
These capabilities should leverage commercial threat
intelligence to provide cyber intelligence information and
support sharing operations across the agency. These
capabilities should provide actionable intelligence, including
insights derived from threat intelligence overlaid on the
digital footprints of target organizations and critical
infrastructure sectors to highlight critical cyber risks. Not
later than 120 days after the date of enactment of this Act,
CISA shall brief the Committee on the rollout of these shared
service offerings. Within the briefing, CISA shall also propose
options to enable advanced, contextual tipping and queuing
under CISA's cybersecurity shared service offerings, as well as
deliver enriched cyber threat intelligence data for federal,
state, and commercial partners.
Cybersecurity and Information Retrieval.--The federal
government has a broad responsibility to develop a strategy for
improved information retrieval that prioritizes assessments of
voluminous unstructured data and gathered intelligence and can
identify human-computer interactions that signal optimal
analyst performance or are predictive of future performance.
Not later than 120 days after the date of enactment of this
Act, CISA shall brief the Committee on its progress toward the
development of this strategy, to include anticipated resources
needed to improve search engines for optimal retrieval and
curation of enterprise digital content.
Cybersecurity Assessments.--The Committee encourages CISA
to continue to support vulnerability reduction efforts across
critical infrastructure sectors to combat cyber incidents
against U.S. critical infrastructure entities, to include
critical small- and medium-sized manufacturers.
Cybersecurity Briefings.--The Committee directs CISA to
continue providing semiannual briefing on the National
Cybersecurity Protection System and Continuous Diagnostics and
Mitigation programs, as described in House Report 116-180.
Cybersecurity Insurance and Data Analysis Working Group.--
Not later than 90 days after the date of enactment of this Act,
CISA shall brief the Committee on the status of establishing a
public-private cybersecurity insurance and data analysis
working group, as described in House Report 117-87.
Cybersecurity Support for CISA.--The Committee recognizes
the outsized demand for American cybersecurity professionals,
which has hindered CISA's ability to fully address the nation's
cybersecurity vulnerabilities and directs CISA to continue to
work with the Department of Defense (DoD) to supplement CISA's
efforts as necessary to respond to the increasing number of
intrusions, particularly those originating in Russia or China.
Endpoint Detection and Response Technologies.--The
Committee believes that a competitive, open, and transparent
product selection process is critical to the effectiveness of
the centrally-located Endpoint Detection and Response (EDR)
technologies initiative mandated by Executive Order 14028 and
encourages the Department to continue to evaluate and select a
range of high-performing EDR platforms for use at federal
civilian agencies through this initiative.
Evaluating Expansion of CSSO Support.--CISA's CSSO provides
federal civilian agencies, state fusion centers, and select
information sharing and analysis centers with no-cost access to
commercial cyber threat intelligence and services. This model
provides improved cybersecurity to a constituency that may lack
the expertise or other resources to fully manage a
comprehensive information technology security program,
particularly given increasing cyber threats. The Committee
believes that participation in CISA's program by parties that
work with DoD could reduce cybersecurity risk to such parties,
as well as improve the overall effectiveness of the federal
cybersecurity protection effort.
The Committee directs CISA to collaborate with DoD to:
examine opportunities partner on commercial cyber threat
intelligence shared services; assess the extent to which
parties working with DoD are presently participating in or
protected by CISA's programs; and consider approaches to expand
participation across a greater number of such parties. CISA and
DoD shall provide a joint recommendation to the House and
Senate Appropriations Committees on a proposal to reach these
parties not later than 90 days after the date of enactment of
this Act.
Evaluating Federal Cybersecurity Planning and Strategy.--
The Committee looks forward to receiving the overdue briefing
required under this heading in the explanatory statement
accompanying the fiscal year 2022 funding Act (Public Law 117-
103).
Federal Network Resilience.--As noted in last year's
report, CISA's ability to discover and guide remediation of
critical vulnerabilities across federal civilian executive
branch agencies is hindered by limited situational awareness
that is overly dependent on manual self-reporting and
persistent visibility gaps across federal civilian internet-
accessible cyber terrain. To effectively become the operational
lead for federal civilian cybersecurity, CISA is directed to
continue adopting processes and state-of-the-art technology
similar to those used by DoD for its Internet Operations
Management. Accordingly, the recommendation includes
$67,714,000 above the request to continue efforts funded in
fiscal year 2022 for attack surface management and federal
vulnerability response. The Committee looks forward to
receiving the briefings required in House Report 117-87 and the
explanatory statement accompanying the fiscal year 2022 funding
Act (Public Law 117-103).
Hardening Critical Infrastructure and SLTT Attack
Surfaces.--The recommendation includes $6,000,000 above the
request for attack surface visibility and national
vulnerability incident response to improve situational
awareness of internet-accessible attack surfaces related to
non-federal, critical infrastructure and SLTT networks. This
situational awareness will enable proactive vulnerability
notification and other targeted services to these entities that
voluntarily subscribe to applicable CISA-provided services. Not
later than 180 days after the date of enactment of this Act,
CISA shall brief the Committee on the implementation status of
its plan to deploy an attack surface evaluation capability
intended to provide maximum visibility and guidance to these
non-federal entities through voluntary partnerships. The
briefing should include an assessment of how CISA is leveraging
both government-developed technologies and commercially
available solutions to deploy this capability.
Integrated Cyber Center.--In furtherance of Section 1731 of
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283), the Committee
looks forward to receiving the study required on the potential
for better coordination of federal cybersecurity efforts at an
integrated cybersecurity center within CISA.
Mobile Threat Defense for Federal Civilian Networks.--The
Committee was pleased to see mobile device security included as
a central component of zero trust architecture implementation
by CISA and the Office of Management and Budget (OMB) in their
respective zero trust guidance documents. The Committee is
concerned about the number of unprotected government devices
without mobile threat defense, which are vulnerable to zero-day
attacks, among other threats. The Committee encourages CISA to
work with OMB and the federal civilian executive branch
agencies to continue to mitigate the threats posed on mobile
devices, their users, and the federal networks to which they
are connected.
Multi-State Information Sharing and Analysis Center (MS-
ISAC).--The recommendation includes not less than $38,000,000
for the MS-ISAC to sustain and expand the program's
capabilities and expertise, to include SLTT election security
support via the Election Infrastructure Information Sharing and
Analysis Center; mis- and disinformation mitigation
capabilities; endpoint detection and response; malicious domain
activity blocking and reporting; expansion of the MS-ISAC cyber
incident response team and its capabilities; continuing a
National Prevention Pilot to provide an unclassified Unified
Threat Management service for election and SLTT partners; and
improving threat intelligence and data retention and storage
capabilities. CISA shall continue to include budget and
staffing plans for the MS-ISAC within the quarterly budget and
staffing briefings described above.
Private Sector Engagement in Cyber Training.--Not later
than 180 days after the date of enactment of this Act, CISA
shall brief the Committee on how the federal government can
leverage private sector partner expertise and best practices
for cyber training within CISA's CDET program. This briefing
shall propose recommendations, including potential
opportunities for partnership with private sector partners, to
support cybersecurity training and education programs. CISA
shall also outline its approach for addressing this initiative
in future budget requests or legislative proposals.
Protective Domain Name Service (DNS).--The recommendation
includes $15,000,000 above the request to continue support for
the operation of a centralized federal DNS egress service that
was first funded and established in fiscal year 2022.
Threat Hunting.--The recommendation includes $41,246,000
above the fiscal year 2022 level to further increase CISA's
threat hunting capabilities, to include optimizing threat
hunting operations, intelligence analysis, and threat actor
persona and campaign modeling. This funding is intended to
increase CISA's capacity to support defensive cyber operations
and incident response across federal civilian agencies and non-
federal networks, including SLTT governments and critical
infrastructure organizations, and to support faster development
of proactive guidance based on intelligence and learned
behaviors after the positive identification of a compromise.
Within 180 days of the date of enactment of this Act, CISA
shall provide a briefing to the Committees on the total threat
hunting services and incident response engagements it supported
in fiscal year 2022, to include the services offered and the
level of engagement required for each.
Zero Trust Architecture Implementation.--The Committee
supports CISA's efforts to spearhead the adoption of zero trust
principles across agency environments, beginning with an
emphasis on identity and access management and device
management, inclusive of enterprise use of endpoint detection
and response technologies. The Committee encourages CISA to
continue this work by beginning planning in fiscal year 2023
for more mature zero trust implementations that adhere to all
the basic tenets described in NIST Special Publication 800-
207--Zero Trust Architecture, including wide collection and use
of information about the current state of assets, network
infrastructure, and communications to improve an agency's
security posture.
Infrastructure Security
Bomb Disposal Technician Training and Technology Training
Events (TTEs).--To keep pace with evolving threats and ever
advancing technology development, the recommendation includes
an increase of $2,000,000 for TTEs for the bomb technician
community. The Office for Bombing Prevention shall use this
funding to hold a minimum of four events to be conducted across
the country that bring together federal and SLTT agencies and
industry. These TTEs shall leverage existing partnerships
between the Departments of Homeland Security, Justice, and
Defense to expedite the review and transfer of technology and
information for public safety and military bomb technicians and
validate special response unit capability assessment data. Not
later than 120 days after the date of enactment of this Act,
CISA shall brief the Committee on its efforts to conduct these
annual TTEs across the country. This briefing shall include
schedules to conduct a minimum of four TTEs and provide an
estimate of the total program cost.
National Cyber Exercise Program.--In furtherance of Section
1547 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81) which established the National Cyber
Exercise Program (NCEP) within CISA, the recommendation
provides $13,800,000 above the request to fully execute this
role. This funding will supply CISA with best-in-class
cybersecurity exercise capabilities to put CISA's NCEP on par
with the National Exercise Program administered by FEMA.
School Safety.--The Committee is concerned by the range of
complex and evolving threats to the safety of America's youth
in schools and institutions of higher learning across the
nation. Mass shootings like the tragedy in Uvalde, TX; the rise
in bomb threats to the nation's high schools and Historically
Black Colleges and Universities; and other incidents of
violence highlight the persistent threats facing our schools,
students, and staff. Through the Federal School Safety
Clearinghouse and SchoolSafety.gov website, CISA's School
Safety Task Force partners with the Departments of Homeland
Security, Education, Justice, and Health and Human Services to
develop and deploy products, resources, and tools that help
raise awareness of these threats within the academic community,
and help the community increase its security and resilience in
response to these threats.
The recommendation includes $6,000,000 above the request to
allow CISA to expand its school safety services and product
offerings to better serve the 50 million students and over
130,000 public and private K-12 schools across the country. Not
later than 180 days after the date of enactment of this Act,
CISA shall brief the Committee on its strategy and plans to
address the wide range of complex and evolving threats to the
nation's schools. The briefing shall include a breakout of the
funding and staffing resources dedicated to these efforts.
Additionally, not later than 30 days after the date of
enactment of this Act, CISA, jointly with USSS's National
Threat Assessment Center, shall brief the Committee on their
current efforts to enhance school safety, including guides,
tools, threat and vulnerability assessments, training
exercises, and any other efforts. The briefing shall include an
assessment of the impact of each of these efforts and shall
also include a discussion of strategies to help education
institutions and communities recover from the impacts of these
events.
Emergency Communications
First Responder Emergency Medical Communications.--The
recommendation provides $4,000,000 above the request, rejecting
the proposed reduction, for CISA to administer and expand
competitive grants for SLTT merit-based demonstration projects
and technical assistance offerings that support the
implementation of the National Emergency Communications Plan
through innovative approaches to interoperable emergency
medical communications in rural areas.
Resilient Next Generation 911 (NG911) Ecosystem.--Beginning
not later than 120 days after the date of enactment of this
Act, the Department shall include the NG911 acquisition program
in its quarterly briefings required by Section 106 of this Act.
Integrated Operations
Security Advisors.--The Committee reminds CISA of the
requirement to report on the strategy and implementation plan
for expanding regional capacity, to include a workload staffing
model, as required in House Report 117-87.
Risk Management Operations
Continuity of the Economy Plan.--The recommendation
provides $349,000 above the request for the continued
development of a Continuity of the Economy Plan, as required by
section 9603 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283).
Cybersecurity Insurance and Data Analysis Working Group.--
Not later than 45 days after the date of enactment of this Act,
CISA shall brief the Committee on the status of creating a
public-private working group to help develop frameworks and
models for understanding and pricing cyber risk and to identify
areas of interest for pooling public and private sector data
that can inform better, more accurate risk models, as required
in House Report 117-87.
Election Security.--The Committee reiterates its concerns
regarding election-related misinformation, disinformation, and
malinformation targeting Black voters and other communities of
color and again urges CISA to engage the expertise of relevant
civil rights organizations in developing resources and
strategies for increasing the resilience of communities of
color, non-English speakers, and other targeted communities
against such attempts at manipulation. CISA shall provide a
briefing to the Committee regarding its observations and
outreach on such matters not later than 180 days after the date
of enactment of this Act.
National Critical Functions (NCFs) Analytic Capability.--
The recommendation partially restores the proposed reduction
from fiscal year 2022 levels for NCFs analytic capability. The
Committee looks forward to having a robust conversation with
the National Risk Management Center (NRMC) regarding the value
the center provides, project plans for developing and
transitioning analytic models to an operational division within
CISA, and the overall strategic vision of the center. The
Committee is also interested in learning more about the status
of the NRMC's efforts to decompose NCFs into subfunctions and
the schedule for transitioning these into impactful tools for
decision making. Additionally, the Committee is concerned about
recent reports from GAO and the RAND Corporation highlighting
that critical infrastructure owners and operators were either
unaware of the NCFs or were unsure of the applicability of the
NCFs framework to the infrastructure they protect. Further,
Congress has yet to receive the National Risk Register, which
was expected in 2019. The Committee looks forward to an update
on the status of receiving this product.
Prioritization of Critical Infrastructure.--Not later than
180 days after the date of enactment of this Act, CISA shall
brief the Committee on its efforts to prioritize the
cybersecurity risks of entities and assets and plans for
developing standardized metrics to ensure consistency in
applying risk-based cybersecurity support to critical
infrastructure. The briefing should include a robust
examination of the processes and criteria used to identify such
entities, as well as current staffing levels and any other
related lines of effort. It should also include a rigorous
assessment of the progress achieved and a preliminary
assessment of resources, including authorities, needed to
progress further. Lastly, the briefing shall include a robust
examination of potential obstacles that may hamper the agency's
ability to carry out this mission.
Small Manufacturing Cybersecurity Support.--The Committee
encourages CISA to continue to explore opportunities to partner
with the Secretary of Defense for Acquisition and Sustainment,
the National Institute for Standards and Technology, and the
Manufacturing Extension Partnership (MEP) Centers--particularly
MEPs designated as Defense Manufacturing Communities--to
leverage expertise and help small manufacturers protect
controlled unclassified information within the supply chain,
respond quickly to crippling cyber-attacks and theft of
intellectual property, and prepare for Cybersecurity Maturity
Model Certification. The Committee also encourages CISA to
assist MEPs in establishing priorities for their cybersecurity
risk management initiatives.
Systemically Important Entities (SIE) Outreach and
Engagement Support.--The recommendation provides $1,890,000
above the request to support agency-wide efforts to engage with
and support SIEs. Specifically, the funding will allow CISA to
establish an agency-level SIE outreach initiative to engage
with prioritized critical infrastructure owners and operators
identified by the NRMC. Through this initiative, CISA will
develop and implement customized engagement roadmaps for SIEs;
facilitate prioritized SIE access to relevant CISA product and
services; support NRMC efforts to facilitate the sharing of
actionable, relevant, and timely information with SIEs; and
enhance coordination and communication between Sector Risk
Management Agencies and CISA Regions in outreach and engagement
with SIEs.
Threats of Extreme Weather Events to Cybersecurity
Infrastructure.--CISA shall continue to provide regular
briefings on the implementation of an overall strategy to
address extreme weather risks to cybersecurity infrastructure,
as described in House Report 117-87.
Translation of Mis-, Dis-, and Mal-information (MDM)
Materials.--The Committee is encouraged by the work of CISA's
Election Security Initiative in combating foreign election
interference and its commitment to engage with Spanish and non-
English speaking communities. CISA is directed to continue its
work translating the MDM materials posted to its website for
public dissemination in Spanish and, as needed, other
languages.
Stakeholder Engagement and Requirements
SLTT Resilience Technical Assistance.--The Committee
directs CISA to continue to work with appropriate stakeholders
on the development and promotion of cybersecurity plans that
could be adopted or modified for adoption by SLTT governments.
Stakeholder Outreach and Operational Engagement.--The
Committee supports the directives in Section 1717(b) of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283) and looks forward to
reviewing the required strategy and implementation plan.
Mission Support
Chief Learning Officer (CLO) Cyber Workforce Program.--The
recommendation includes $2,500,000 above the request for the
CLO to work with other agencies to streamline cyber workforce
and education programs through the Cyber Career Pathways Tool
and to specifically fund efforts with the National Centers of
Academic Excellence in Cybersecurity program. The Committee
expects CISA to establish measurable outcomes for these efforts
and to ensure that work includes critical infrastructure and K-
12 institutions.
Talent Management Mission Support.--The Committee supports
ongoing efforts to expand the cyber workforce within CISA and
notes that ambitious hiring goals will only be possible if the
agency has the mission support services for talent management
needed to process the increased number of hiring actions in a
timely manner. Therefore, the recommendation includes
$1,120,000 above the request for additional personnel to
support hiring and Talent Management programs, including
through the accelerated implementation of the Cyber Talent
Management System.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2022....................... $590,698,000
Budget request, fiscal year 2023...................... 545,148,000
Recommended in the bill............................... 547,148,000
Bill compared with:
Appropriation, fiscal year 2022................... -43,550,000
Budget request, fiscal year 2023.................. +2,000,000
Continuous Diagnostics and Mitigation (CDM).--The Committee
includes $2,000,000 above the request for CISA to evaluate use
of automation to replace manual software patch remediation
methods. Automated solutions should be interoperable with the
CDM program's existing asset management tools and be able to
remediate out-of-compliance Internet of Things (IoT) devices by
managing and updating passwords, firmware, and/or certificates
of authenticity from a single interface. Automated remediation
capabilities must be effective at scale across federal
networks. and, when network isolation is employed, also enable
the repatriation of those devices, complete with an audit
trail, back onto the network.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2022....................... $10,431,000
Budget request, fiscal year 2023...................... 3,931,000
Recommended in the bill............................... 7,431,000
Bill compared with:
Appropriation, fiscal year 2022................... -3,000,000
Budget request, fiscal year 2023.................. +3,500,000
Technology Development and Deployment Program.--The
recommendation includes $3,500,000 above the request for the
Technology Development and Deployment Program.
Federal Emergency Management Agency
Appropriation, fiscal year 2022....................... $24,136,379,000
Budget request, fiscal year 2023...................... 25,097,670,000
Recommended in the bill............................... 25,873,440,000
Bill compared with:
Appropriation, fiscal year 2022................... +1,737,061,000
Budget request, fiscal year 2023.................. +775,770,000
Mission
The Federal Emergency Management Agency (FEMA) helps build,
sustain, and improve the nation's capability to prepare for,
protect against, respond to, recover from, and mitigate all
hazards through disaster response, recovery, and grant programs
supporting first responders, emergency management, mitigation
activities, and preparedness.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2022....................... $1,245,859,000
Budget request, fiscal year 2023...................... 1,378,232,000
Recommended in the bill............................... 1,414,461,000
Bill compared with:
Appropriation, fiscal year 2022................... +168,602,000
Budget request, fiscal year 2023.................. +36,229,000
The recommendation includes the following increases above
the request: $8,300,000 for Integrated Public Alerts and
Warnings; $2,000,000 for National Continuity Readiness
Implementation; $2,150,000 for the FEMA Strategic Program;
$305,000 for the Emergency Management Accreditation Program;
$370,000 for the Certified Emergency Manager Program;
$10,000,000 for the Ground Station Test Bed; $4,000,000 for the
Administration of Community Project Funding; and $9,504,000
above the request to sustain fiscal year 2022 enhancements. The
recommendation includes $400,000 less than the request for
Human Capital Systems.
Mitigation
Benefit-Cost Analysis.--Not later than 90 days after the
date of enactment of this Act, FEMA shall brief the Committee
on how its Benefit-Cost Analysis toolkit addresses risks for
which there is limited data, such as for volcanic activity. The
briefing shall include recommendations for overcoming any
limitations or to otherwise address statutory requirements for
benefit cost analysis in mitigation programs for those risks
with limited data.
Earthquake Preparedness and Mitigation.--The Committee
recognizes FEMA's efforts to help residents and communities
prepare for and mitigate the impacts of earthquakes through a
number of programs, including the National Earthquake Hazards
Reduction Program, the Pre-Disaster Mitigation Grant Program
(now known as Building Resilient Infrastructure and
Communities), and the Hazard Mitigation Grant Program. These
programs have supported over $800,000,000 in seismic retrofit
projects in West Coast states alone. Within 90 days of the date
of enactment of this Act, FEMA shall brief the Committee on its
work with state emergency management agencies in the Cascadia
Subduction Zone to ensure adequate planning and capacity to
mitigate the loss of life and property resulting from an
earthquake. In particular, the briefing shall focus on efforts
to reinforce critical infrastructure, including schools,
hospitals, and bridges.
Energy Efficiency and Renewable Energy in Mitigation
Efforts.--The Committee recognizes FEMA's efforts to provide
communities with mitigation planning resources and recognizes
the important of energy efficiency and renewable energy
initiatives in these efforts. FEMA is encouraged to analyze,
consolidate, and streamline its publicly available Hazard
Mitigation Planning resources to increase accessibility and
utility for communities, to include a concise, actionable list
of mitigation steps that communities can take to make their
energy systems more resilient and renewable.
Environment-Based Mitigation.--The Committee recognizes
that environment-based mitigation measures--such as the
creation of wetlands, conservation easements, and natural flood
plains to slow the flow of rivers, creeks, and streams--are
innovative tools for mitigating the severity of future floods
in areas such as the Tittabawassee River Watershed in the Great
Lakes Bay Region. In addition to flood protection, mitigation
measures offer both aesthetic and recreational value and
provide a variety of environmental and conservation benefits,
including erosion control, species habitat, and improved air
and water quality. The Committee urges FEMA to continue to
coordinate with the Department of Agriculture, Environmental
Protection Agency, National Oceanic and Atmospheric
Administration, and U.S. Army Corps of Engineers, as well as
state, local, and tribal governments and business and non-
profit stakeholders, on developing and supporting conservation
and environment-based flood mitigation measures to reduce the
impact of floods on communities, lives, and livelihoods.
Natural Hazard Mitigation Infrastructure.--The Committee is
aware that rehabilitation or establishment of natural
infrastructure, including but not limited to marshes, wetlands,
mangroves, dunes, and other geologies similar to the Driftless
Area, can improve resiliency, reducing damage from flooding and
coastal storm surges and providing effective floodplain
management. Such natural infrastructure can also have long-term
beneficial impacts on topography, soils, water quality,
wetlands, floodplains, coastal resources, aquatic resources,
and public health and safety in coastal areas. The Committee
urges FEMA to continue to engage with other federal and non-
federal stakeholders to develop and support conservation and
environment-based flood mitigation measures and to utilize
mitigation grant funds for natural infrastructure projects,
consistent with the directive under this heading in House
Report 117-87.
Post-Disaster Capacity-Building.--Post-disaster recovery
requires sufficient personnel to ensure buildings can be safely
occupied and that repair and reconstruction are conducted
appropriately. Although section 1206 of Public Law 115-254
authorizes the use of funding for these activities, personnel
remain in short supply. The Committee urges FEMA to support and
partner with national non-profit organizations--including
through both programmatic assistance and direct technical
assistance--to increase awareness of and outreach to post-
disaster building safety evaluators, teams, and organizations
and to deliver training, education, certification, and mutual
aid agreement development activities that, collectively, will
expand the pool of available volunteer post-disaster building
safety evaluators, teams, and organizations. Recognizing the
direct relationship between rapid and effective post-disaster
building safety evaluation and overall community resilience,
the Committee encourages the Agency and its federal interagency
partners to fully implement section 1206 with all relevant
external stakeholders.
Urban Area Flooding.--The fiscal year 2020 funding Act
supported a pilot grant program to help local government grants
enhance the mapping of urban flooding. The Committee reminds
FEMA of the requirement to provide a briefing on this program
as required by House Report 117-87.
Preparedness and Protection
Alerts to Individuals with Limited English Proficiency.--
The Committee is concerned about the ability of Limited English
Proficiency (LEP) individuals to access emergency alerts. As
the lead federal entity with responsibility for the Emergency
Alert System (EAS) and Wireless Alert System messages, FEMA's
Integrated Public Alert and Warning System (IPAWS) plays a
critical role in helping ensure recipients can read and
understand these messages. Within 30 days of the date of
enactment of this Act, FEMA is directed to brief the Committee
on the steps it can take and is taking to ensure these vital
messages can be accessed by LEP individuals.
Emergency Management Assistance Compact (EMAC).--The
Committee has heard concerns from states about FEMA's interest
in placing additional requirements on EMAC related to the
National Qualification System (NQS) that may unnecessarily
burden EMAC and it is users. The Committee supports the NQS and
recommends the proposed increase for the One Responder System
and NQS. However, the funding enhancement for NQS should not be
construed to in any way support activities that interfere with
the state-to-state relationship afforded through EMAC or place
requirements on the Compact administrator related to NQS. In
any furtherance of NQS, FEMA should ensure stakeholder input is
incorporated into final guidance and processes and that the
Compact is in no way hindered by NQS requirements.
Emergency Management Professionalization.--The
recommendation includes increases above the request of $305,000
for the Emergency Management Accreditation Program (EMAP) and
$370,000 for the Certified Emergency Manager (CEM) program.
FEMA has committed to increase the nation's overall emergency
management capabilities at all levels of government, as well as
the private sector, the nonprofit sector, and among individual
emergency management professionals. EMAP and the CEM program
are essential credentialing programs to help measure the
capabilities and improve the performance of emergency
management programs and individual emergency managers.
Wireless Emergency Alerts.--The Committee recognizes the
importance of Wireless Emergency Alerts (WEA) to warn the
public about extreme weather events, including extreme heat and
extreme poor air quality. The Committee encourages FEMA to
continue to work with SLTT governments to educate and remind
them of their ability to provide alerts about extreme heat and
extreme poor air quality events.
Response and Recovery
Disaster Assessment Technologies.--The Committee is aware
of commercial technologies that integrate real-time and near
real-time data and high-resolution imagery to create an
integrated multi-dimensional digital environment that supports
rapid damage assessments and more effective reporting systems.
Within 120 days of the date of enactment of this Act, the
Office of Response and Recovery (OR&R) is directed to brief the
Committee on the benefits and feasibility of integrating hi-
resolution imagery and three-dimensional simulation
capabilities into its emergency response tools.
Ground Station Testbed.--The Committee recommendation
includes $10,000,000 above the request to develop response
ground station testbed for acquiring, processing, and analyzing
data from small satellite-based, aerial, unmanned aerial, and
un-attended ground sensors to inform and speed disaster
response decision making. FEMA is encouraged to work with
industry partners and to leverage Oak Ridge National
Laboratory's technical expertise, ground station
infrastructure, scalable high-performance computing, and
mission support experience.
IT Systems Modernization.--The Committee recognizes the
vital function of IT systems and the necessity of IT
modernization for OR&R to carry out its mission. Unfortunately,
FEMA acquisition program baselines have not been sufficient to
achieve meaningful IT modernization. The subsequent IT
shortcomings lead to security vulnerabilities, increased costs,
capability gaps from unmet requirements, technical
obsolescence, risks not adequately addressed, and reduced
responsiveness. Legacy IT systems also increase the risks of
non-compliance with requirements and audits, reduce the
Agency's ability to eliminate waste, fraud, and abuse, and
perpetuate poor reporting functionality.
The Committee directs FEMA's Chief Information Officer
(CIO) and the Associate Administrator of OR&R to brief the
Committee, within 90 days of the date of enactment of this Act,
on unmet requirements for modernizing essential OR&R systems
that directly support FEMA's mission.
Plastic Products.--Plastics are a critical material used in
protective sheeting, emergency kits, and other resources relied
upon during major disasters and emergencies, including the
COVID-19 pandemic. Within 120 days of the date of enactment of
this Act, FEMA shall brief the Committee on its sources for
protective sheeting, emergency kits, and other plastic base
resources and what, if any, U.S.-based alternatives to foreign
plastic products are commercially available, with a particular
focus on bio-based and other environmentally friendly
alternatives.
Post Disaster Fuel Availability.--The Committee recognizes
the importance of fuel supplies in the aftermath of a disaster
and is concerned that insufficient refined fuel reserves,
fragile supply chains, and other impediments to timely regional
access threaten emergency response capabilities. In 2014, the
Department of Energy Office of Energy Policy commissioned a
report on U.S. Fuels Supply Infrastructure Vulnerabilities and
Resiliency. FEMA, in its 2020 National Preparedness Report,
highlighted insufficient capabilities of government to access
fuel and perform ``National Critical Functions'' due to
susceptible supply chains, and its 2021 National Preparedness
Report calls for strategic investment in longterm ``National
Critical Function'' resilience strategies to reduce risk during
disasters. Within 120 days of the date of enactment of this
Act, FEMA is directed to brief the Committee on the steps it
and its interagency partners, including the Department of
Energy, are taking to ensure the availability of fuel supplies
in the aftermath of a disaster.
Urban Search and Rescue (USAR).--The Committee recommends
the requested funding level for USAR to fully support the 28
USAR Task Forces, including resources to recapitalize critical
communications equipment necessary to conduct life-saving
search and rescue operations and to sustain swift water and
chemical, biological, radiological, and nuclear rescue
operations.
Mission Support
Faith and Neighborhood Partnerships.--The Committee rejects
the proposed realignment of funding for the Office of Faith and
Neighborhood Partnerships from FEMA to the Office of
Partnership and Engagement, which would require explicit
authority from Congress. The requirement for such authority
comes from the Post Katrina Emergency Management Reform Act of
2006 (Title VI of Public Law 109-295) and section 506 of the
Homeland Security Act (6 U.S.C. 316), which were enacted as a
result of previous efforts to remove FEMA functions.
Preparedness Grant Evaluations.--The Committee reminds FEMA
of the requirement in House Report 117-87 to provide a plan for
the use of funding provided in the fiscal year 2022 funding Act
to conduct evaluations on the use of preparedness grant
funding, including a plan for requiring reporting on deaths or
injuries resulting from the use of grant-funded equipment,
supplies or materials; on any use of grant funds to acquire or
use surveillance technology; and on how grant recipients are
providing appropriate safeguards for the protection of privacy
and civil liberties.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2022....................... $209,985,000
Budget request, fiscal year 2023...................... 190,319,000
Recommended in the bill............................... 203,730,000
Bill compared with:
Appropriation, fiscal year 2022................... -6,255,000
Budget request, fiscal year 2023.................. +13,411,000
The recommendation includes $13,411,000 above the request,
including $3,000,000 for the National Warning System to
complete upgrades for state and local networks; and $10,411,000
for construction, facilities, and asset improvement projects at
the Mount Weather Emergency Operations Center (MWEOC).
Financial Systems Modernization (FSM).--The Committee is
concerned that the FEMA's transition from its legacy financial
management system to a new system could negatively impact
reimbursements to SLTTs and nonprofit applicants. During FSM
development and implementation, the Committee encourages FEMA
to provide for flexibility on deadlines in instances where
there are good faith efforts to comply.
MWEOC.--The recommendation provides $10,411,000 above the
request for MWEOC construction, facilities, and asset
improvements, of which $4,661,000 is for the emergency services
building; $4,550,000 is for turf reinforcement to establish
additional parting and travel lanes; and $1,200,000 is for a
heavy rescue pumper improvements and enhancements. Not later
than 90 days after the date of enactment of this Act, FEMA
shall brief the Committee on a project timeline, with projected
milestones and associated funding, for MWEOC improvement
projects. The briefing shall include all prior year, current
year, and budget year funding execution and planning details,
as well as out-year estimates for future projects.
FEDERAL ASSISTANCE
Appropriation, fiscal year 2022....................... $3,633,199,000
Budget request, fiscal year 2023...................... 3,530,489,000
Recommended in the bill............................... 4,051,619,000
Bill compared with:
Appropriation, fiscal year 2022................... +418,420,000
Budget request, fiscal year 2023.................. +521,130,000
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Request Recommendation
------------------------------------------------------------------------
Federal Assistance
Grants
State Homeland Security $616,186,000 $520,000,000
Grant Program............
(Operation (90,000,000) (90,000,000)
Stonegarden).........
(Nonprofit Security).. (180,000,000)
(Tribal Homeland (15,000,000) (15,000,000)
Security Grant
Program).............
Urban Area Security 711,184,000 615,000,000
Initiative...............
(Nonprofit Security).. (180,000,000)
Nonprofit Security........ 360,000,000
(State Program)....... (180,000,000)
(Urban Area Program).. (180,000,000)
Public Transportation 100,000,000 105,000,000
Security Assistance......
(Amtrak Security)..... (10,000,000) (10,000,000)
(Other-the Road Bus (2,000,000) (2,000,000)
Security)............
Port Security Grants...... 100,000,000 100,000,000
Assistance to Firefighter 370,000,000 370,000,000
Grants...................
Staffing for Adequate Fire 370,000,000 370,000,000
and Emergency Response...
Emergency Management 355,000,000 370,000,000
Performance Grants.......
Flood Hazard Mapping and 350,000,000 350,000,000
Risk Analysis Program....
Regional Catastrophic 12,000,000 12,000,000
Preparedness Grants......
Emergency Food and Shelter 154,000,000 280,000,000
(Emergency Food and (24,000,000) (150,000,000)
Shelter--Humanitarian
)....................
Next Generation Warning 40,000,000
System...................
Critical Infrastructure 80,000,000 - - -
Grant Program............
Community Project Funding. - - - 247,500,000
-------------------------------------
Subtotal, Grants...... 3,218,370,000 3,739,500,000
Terrorism and Targeted (20,000,000) (20,000,000)
Violence Prevention
Grants (by transfer).....
Alternatives to Detention (5,000,000) (20,000,000)
Case Management (by
transfer)................
-------------------------------------
Subtotal, Grants 3,243,370,000 3,779,500,000
(including transfers)
Education, Training, and
Exercises
Center for Domestic 71,031,000 71,031,000
Preparedness.............
Center for Homeland 18,000,000 18,000,000
Defense and Security.....
Emergency Management 30,777,000 30,777,000
Institute................
U.S. Fire Administration.. 58,287,000 58,287,000
National Domestic 101,000,000 101,000,000
Preparedness Consortium..
Continuing Training Grants 12,000,000 12,000,000
National Exercise Program. 21,024,000 21,024,000
Subtotal, Education, 312,119,000 312,119,000
Training, and
Exercises............
-------------------------------------
Total, Federal 3,530,489,000 4,051,619,000
Assistance...........
-------------------------------------
Total, Federal Assistance $3,555,489,000 $4,091,619,000
(including transfers)........
------------------------------------------------------------------------
Aging Fire and Emergency Response Vehicles.--The Committee
is aware that, due to funding shortfalls and the rising cost of
firefighting vehicles, communities around the country continue
to operate equipment well beyond their recommended replacement
dates. In the city of Chicago, for example, 40 percent of
firefighting engines and ladder trucks have exceeded their
useful lifespan. Although the average fire engine in Baltimore
is at the end of its 8-year recommended lifespan, the current
replacement cycle there is 16 years. The Committee encourages
FEMA to consider the replacement of fire and emergency response
vehicles as a priority in establishing criteria for awards
under the Assistance to Firefighter Grants program.
Assistance to Firefighter Grants.--Recognizing the economic
and operational hardships caused by the current pandemic, an
administrative provision is included the bill to allow FEMA to
waive the matching and maintenance of expenditure provisions
for the Assistance to Firefighter Grants program. The Committee
expects that the Administrator will use the discretion granted
in section 309 to relieve the economic and operational
hardships caused by the pandemic.
Countering Domestic Violent Extremism.--As part of the
funding notice for the fiscal year 2021 and fiscal year 2022
State Homeland Security Program (SHSP) and Urban Area Security
Initiative (UASI) grant programs, the Secretary designated
combating domestic violent extremism as a National Priority
Area (NPA) on which state and urban area grant recipients would
be required to allocate 7.5 percent of their total grant funds.
Within 120 days of the date of enactment of this Act, FEMA is
directed to brief the Committee on how states and urban areas
used SHSP and UASI funding in support of this NPA.
Continuing Training Grants.--The total under this heading
includes $12,000,000 for Continuing Training Grants to support
competitively awarded training programs to address specific
national preparedness gaps such as cybersecurity, economic
recovery, housing, and rural and tribal preparedness. Of this
amount, not less than $3,000,000 shall be prioritized to be
competitively awarded for FEMA-certified rural and tribal
training.
Crude Oil by Rail.--FEMA is encouraged to give priority
consideration to grants for planning, training, and equipment
to firefighters who are responsible for crude oil by rail and
ethanol by rail derailment and incident response to help meet
the needs of our most vulnerable communities and first
responders.
Emergency Response Training.--The Committee recognizes the
importance of FEMA's education, training, and exercise programs
in improving the nation's response to extreme weather events
and natural disasters. Given the unique challenges underserved,
rural, and remote communities face in training for emergencies,
the Committee encourages FEMA training programs to support
initiatives that serve rural and remote communities and help
them prepare for and respond to extreme weather events.
Firefighter Mental Health.--The Committee recognizes the
tremendous stresses placed upon our first responders, a
population that has seen an increase in suicides and mental
health struggles in recent years. The Committee encourages FEMA
to continue to place a high priority on funding for mental
health wellness programs through the Assistance to Firefighters
Grant Program.
Next Generation Warning System (NGWS).--The recommendation
includes $40,000,000 for the NGWS as part of IPAWS. The first
priority of the NGWS program is to help public media entities
replace aging infrastructure that is essential to their role in
civil defense and public safety missions. The program also
supports these investments by these entities in new technology
needed to enhance alert, warning, and other public safety
communications systems to ensure resilience, service to
underserved populations, and the ability to meet the evolving
nature of public alerting challenges. The Committee expects
FEMA to work with the Corporation for Public Broadcasting to
implement this program for public broadcasting entities as
defined in 47 U.S.C. 397(11).
School Safety.--School hardening measures are eligible
activities under UASI and the SHSG program. Funds may be used
for bullet resistant doors and glass; hinge-locking mechanisms;
immediate notification to emergency 911 systems; mechanisms
that provide real time actionable intelligence directly to law
enforcement and first responders; installation of distraction
devices or other countermeasures administered by law
enforcement; and other measures determined to provide
significant improvement to school physical security. The
Committee encourages FEMA to work with states and school
districts to increase awareness of these funding opportunities.
Staffing for Adequate Fire and Emergency Response.--The
bill continues a provision from prior years to allow FEMA to
waive the matching and maintenance of expenditure provisions
for the Staffing for Adequate Fire and Emergency Response
(SAFER) program. The Committee expects the Administrator to use
the discretion granted in section 307 as much of possible to
relieve the economic and operational hardships caused by the
current pandemic.
Transit Security Grant Program (TSGP).--The TSGP supports
efforts to address the highest transit security risks through
investments in security infrastructure, such as security
cameras, and training, including surveillance training. The
Committee is aware that many TSGP applicants have been
unsuccessful in getting grant awards to address transit
security risks, while other grantees have at times received
awards in recurring years to continue operational activities.
The Committee encourages FEMA to consider giving priority
toapplicants that have not received an award within the
previous three years. An increase of $5,000,000 above the
request is recommended for TSGP in the bill to allow FEMA to
make awards to additional applicants.
Urban Area Security Initiative (UASI).--The Implementing
Recommendations of the 9/11 Commission Act of 2007 requires the
FEMA Administrator to conduct an annual assessment of the
relative threat, vulnerabilities, and potential consequences
from acts of terrorism faced by each of the 100 most populous
metropolitan statistical areas in the United States. Based on
this assessment, the Administrator designates high-risk urban
areas that are eligible for UASI grants. While the factors
included in this assessment are defined in statute, the
specific criteria that inform these factors and the methodology
used to carry out the assessment are at the discretion of the
Secretary and the Administrator, who review them on an annual
basis. The Committee directs the Secretary to make UASI awards
consistent with the prioritization instructions in the
explanatory statement accompanying Public Law 116-260.
Wood Chipper Programs.--The Committee understands that wood
chipper programs are an effective means of fuel reduction in
communities under threat from wildfire because they assist
residents in maintaining defensible space around their homes,
other structures, and access routes and enable communities to
easily dispose of large amounts of potential fuel. The
Committee encourage FEMA to continue to fund wood chipper
programs in high-risk communities through the Fire Prevention
and Safety Program.
Community Project Funding Grants
----------------------------------------------------------------------------------------------------------------
Recipient Project Amount Program
----------------------------------------------------------------------------------------------------------------
Miller County Government................ Emergency Operations $161,167 Emergency Operations
Center Communications Center
Upgrade.
Borough of Archbald..................... Archbald Borough Municipal 2,965,800 Emergency Operations
Complex Project. Center
Calhoun County.......................... Calhoun County Emergency 1,668,263 Emergency Operations
Operations Center. Center
Town of Madison......................... Madison CT Emergency 2,471,500 Emergency Operations
Operations Center. Center
Duval County............................ Duval County Emergency 2,965,800 Emergency Operations
Operations Center. Center
Town of Middlefield..................... Emergency Operation Center 2,224,350 Emergency Operations
Grant: Town of Center
Middlefield, CT.
City of Bothell......................... Emergency Coordination 741,450 Emergency Operations
Center--North, Backup Center
Power Generator.
Suwannee County Board of County Suwannee County EOC 2,346,784 Emergency Operations
Commissioners. Construction. Center
Wakulla County Board of Commissioners... Wakulla County Emergency 3,000,000 Emergency Operations
Operations Center. Center
City of Stafford........................ Stafford Emergency 259,508 Emergency Operations
Operations Center Update. Center
Buchanan County Emergency Management.... Buchanan County Emergency 208,000 Emergency Operations
Operations Center. Center
Prince George's County, Maryland........ Prince George's County 593,160 Emergency Operations
Emergency Operations Center
Center.
Livingston County....................... Livingston County 250,000 Emergency Operations
Emergency Operations Center
Center Resilient
Microgrid.
County of Orleans....................... Orleans County Emergency 2,000,000 Emergency Operations
Management and Operations Center
Center.
Lafayette County Emergency Management Lafayette County Emergency 3,000,000 Emergency Operations
Agency. Operations Center. Center
Clallam County.......................... The Clallam County and 2,965,800 Emergency Operations
City of Port Angeles Center
Joint Emergency Services
and Public Safety
Facility.
Walpole Fire District................... Walpole Fire and EMS 1,058,791 Emergency Operations
Emergency Operations Center
Center Project.
Town of Glocester....................... Public Safety 750,000 Emergency Operations
Improvements--Town of Center
Glocester.
Charter Township of Bloomfield.......... Bloomfield Township 181,266 Emergency Operations
Emergency Operation Center
Center.
City of Virginia Beach.................. Emergency Operations 1,482,900 Emergency Operations
Center IT Modernization. Center
Village of Kiryas Joel.................. Kiryas Joel Emergency 825,000 Emergency Operations
Operations Center Project. Center
Martin County........................... Emergency Operations 750,000 Emergency Operations
Center Resiliency. Center
Phelan Pinon Hills Community Services PPHCSD Civic Center & 2,000,000 Emergency Operations
District. Community Emergency Center
Operations Center.
West Valley City........................ West Valley City Mobile 800,000 Emergency Operations
Emergency Operations Center
Center Project.
Pearl River County...................... Pearl River County 2,900,000 Emergency Operations
Multipurpose and Center
Emergency Operations
Center.
South Plainfield Police Department...... South Plainfield Emergency 370,725 Emergency Operations
Operations Center Center
Modernization.
Manchester Fire Department.............. Emergency Operations 333,653 Emergency Operations
Center. Center
Frederick County Government............. Emergency Operations 869,968 Emergency Operations
Center. Center
Walla Walla County...................... Walla Walla County E911 750,000 Emergency Operations
Emergency Operations Center
Center Relocation.
The City of Commerce.................... City of Commerce--Public 1,482,900 Emergency Operations
Safety Building / Center
Sheriff's Substation
(EOC).
City of Montebello...................... Public Safety Critical 2,211,745 Emergency Operations
Communications Upgrade Center
Project.
Anne Arundel County..................... Emergency Operations 2,471,500 Emergency Operations
Center. Center
City of Burbank......................... Burbank New Emergency 1,235,750 Emergency Operations
Operations Center. Center
Kittitas County......................... Regional Emergency 1,186,320 Emergency Operations
Management Operations and Center
Search and Rescue
Facility.
Hardee County, Florida.................. Funding for Hardee County 481,391 Emergency Operations
Emergency Operation Center
Center.
New York City Office of Emergency New York City Emergency 926,813 Emergency Operations
Management. Management Queens Borough Center
Coordination Center.
County of Lake.......................... Lakeport Armory Facility 988,600 Emergency Operations
Repurposing Project. Center
Garrett County.......................... Garrett County Emergency 698,848 Emergency Operations
Communications 9-1-1. Center
Town of Rutland......................... Rutland Town Public Safety 158,176 Emergency Operations
Center. Center
Palmer Municipal Fire Department........ Palmer Fire Department 346,010 Emergency Operations
Emergency Operations Center
Center.
Town of Hopedale........................ Feasibility Study to 444,870 Pre-Disaster Mitigation
Dredge Hopedale Pond and
Daylight the Mill River
for Community Resilience
and Water Quality
Improvements.
Town of North Attleborough, Ten-Mile River Dredging... 1,482,900 Pre-Disaster Mitigation
Massachusetts.
City of Thousand Oaks................... Microgrid Installation for 1,853,625 Pre-Disaster Mitigation
the Municipal Service
Center.
City of Wilson.......................... Hominy Water Quality Park 7,043,775 Pre-Disaster Mitigation
and Greenway.
County of Santa Barbara................. San Marcos Road 1,384,040 Pre-Disaster Mitigation
Stabilization Project.
Borough of Mayfield..................... Mayfield Borough Levee 2,327,734 Pre-Disaster Mitigation
Upgrade.
City and County of Honolulu............. Hardening of Fire Station 2,001,915 Pre-Disaster Mitigation
Doors.
City of Tampa........................... Bermuda Boulevard Seawall 2,965,800 Pre-Disaster Mitigation
Improvements.
City of Malden.......................... Malden River Works Project 1,334,610 Pre-Disaster Mitigation
City of Woburn.......................... Hurld Park Construction... 2,916,370 Pre-Disaster Mitigation
City of Revere.......................... Riverside Climate 1,977,200 Pre-Disaster Mitigation
Resiliency Project.
City of Houston......................... Lake Houston Dam Spillway 7,500,000 Pre-Disaster Mitigation
Improvement Project.
Kansas City Board of Public Utilities... Nearman Water Treatment 3,707,250 Pre-Disaster Mitigation
Plant Emergency Electric
Backup Generator.
Town of Stratford....................... Flood Protection Measures 4,135,622 Pre-Disaster Mitigation
for Stratford Water
Pollution Control
Facility.
City of Bonita Springs.................. City of Bonita Springs 5,000,000 Pre-Disaster Mitigation
Water Acquisition.
Harris County Flood Control District.... Poor Farm Ditch Conveyance 9,886,000 Pre-Disaster Mitigation
Improvements.
City of Southside Place................. Auden Street Drainage 741,450 Pre-Disaster Mitigation
Improvement.
Hudspeth County......................... Hudspeth County Flood 375,000 Pre-Disaster Mitigation
Mitigation Planning
Project.
Harris County Flood Control District.... Channel Conveyance 9,886,000 Pre-Disaster Mitigation
Improvements to C147-00-
00.
City of Burgin.......................... Burgin Pre-Disaster 562,500 Pre-Disaster Mitigation
Mitigation Project.
City of Lebanon Junction................ Lebanon Junction Pre- 675,000 Pre-Disaster Mitigation
Disaster Mitigation
Project.
The City of Cedar Rapids................ 5th Avenue Gatewell and 1,725,000 Pre-Disaster Mitigation
Pump Station Flood
Mitigation Project.
City of Seattle, Seattle Center Seattle Center Shelter 3,558,960 Pre-Disaster Mitigation
Department. Facilities Sustainable
Emergency Power.
City of Williamsport.................... The Greater Williamsport 8,000,000 Pre-Disaster Mitigation
Flood Control Project.
City of Aberdeen........................ Aberdeen-Hoquiam Flood 4,943,000 Pre-Disaster Mitigation
Protection Project.
Town of Weymouth........................ Wessagusset Beach Project. 4,906,059 Pre-Disaster Mitigation
Town of Hull............................ Nantasket Ave Seawall 4,943,000 Pre-Disaster Mitigation
Replacement.
Township of Hillsborough................ Green Hills Development 320,482 Pre-Disaster Mitigation
Swale Improvements.
City of Sacramento...................... Pannell Community Center 1,977,200 Pre-Disaster Mitigation
Resilience Hub.
Diablo Water District................... Water Reservoir Seismic 1,482,900 Pre-Disaster Mitigation
Retrofit.
Columbia County......................... Flood Control Projects for 1,725,000 Pre-Disaster Mitigation
Columbia County.
City of Davenport....................... Flood Mitigation at River 1,265,625 Pre-Disaster Mitigation
Drive and Marquette
Street.
Town of Estes Park...................... Town of Estes Park 785,937 Pre-Disaster Mitigation
Wildfire Mitigation.
City of Palos Hills..................... Roberts Road Drainage 3,558,960 Pre-Disaster Mitigation
Improvements.
City of Flagstaff....................... Museum Post-Fire Flood 1,482,900 Pre-Disaster Mitigation
Mitigation, Property
Acquisitions.
Silver Creek Flood Control District..... Millet Swale.............. 2,224,350 Pre-Disaster Mitigation
Borough of Atlantic Highlands........... Atlantic Highlands 2,113,133 Pre-Disaster Mitigation
Municipal Harbor Bulkhead
Repairs.
Baltimore County Executive's Office..... Pre-Disaster Mitigation in 1,482,900 Pre-Disaster Mitigation
Turner Station.
City of Norwalk......................... Emergency Generators for 976,962 Pre-Disaster Mitigation
Community Resiliency.
City of Annapolis....................... City Dock Resilience and 3,460,100 Pre-Disaster Mitigation
Revitalization Project.
City of Prospect Heights................ River Trails Stormwater 2,417,127 Pre-Disaster Mitigation
Project.
Alabama Emergency Management Agency..... Hale County Storm Shelters 511,601 Pre-Disaster Mitigation
City of Belmont......................... Cities of Belmont and San 494,300 Pre-Disaster Mitigation
Bruno Wildfire Prevention
Project.
Midpeninsula Regional Open Space Midpeninsula Open Space 741,450 Pre-Disaster Mitigation
District. Wildland Fire Resiliency
Project.
City of Foster City..................... Levee Protection Planning 988,600 Pre-Disaster Mitigation
and Improvements Project
(CIP 301-657).
San Mateo County........................ Filoli Wildfire Mitigation 494,300 Pre-Disaster Mitigation
Project.
Wayne County............................ Rehabilitation and Upgrade 741,450 Pre-Disaster Mitigation
of Pump Station 182.
City of North Wildwood.................. North Wildwood Sea Wall... 10,000,000 Pre-Disaster Mitigation
County of Middlesex..................... Southern Middlesex County 1,112,175 Pre-Disaster Mitigation
Flood Mitigation and
Resilience Project.
City of Galveston....................... Galveston 59th Street 10,000,000 Pre-Disaster Mitigation
Water Storage Tank.
City of Galveston....................... Galveston Causeway 10,000,000 Pre-Disaster Mitigation
Waterline Project.
Village of Port Jefferson............... East Beach Stabilization.. 3,750,000 Pre-Disaster Mitigation
----------------------------------------------------------------------------------------------------------------
DISASTER RELIEF FUND
Appropriation, fiscal year 2022....................... $18,799,000 000
Budget request, fiscal year 2023...................... 19,740,000,000
Recommended in the bill............................... 19,945,000,000
Bill compared with:
Appropriation, fiscal year 2022................... +1,146,000,000
Budget request, fiscal year 2023.................. +205,000,000
The recommendation includes an increase of $205,000,000
above the request for the Disaster Relief Fund. The amount
provided, along with funding for eligible disaster response
activities in the fiscal year 2023 Financial Services and
General Government Appropriations Act, fully uses the
Committee's disaster response allocation adjustment as provided
by House Resolution 1151.
2017 Hurricane Recovery.--The Committee remains concerned
about the overall pace of recovery from the 2017 hurricanes in
Puerto Rico and the U.S. Virgin Islands. Congress provided FEMA
with additional authority to expedite and expand the scope of
disaster recovery in the Balanced Budget Act of 2018 (Public
Law 115-123), the Disaster Recovery Reform Act of 2018
(division D of Public Law 115-254), and the Additional
Supplemental Appropriations for Disaster Relief Act, 2019
(Public Law 116-20). House Report 116-458 and House Report 117-
87 reminded FEMA to make full use of this authority.
The Committee appreciates the quarterly interagency
briefings provided on recovery from these 2017 hurricanes and
directs that future briefings address the impact of the
pandemic on disaster recovery efforts and how FEMA intends to
fully use its authority in support of those efforts and an
update on the investments made in the electrical infrastructure
in Puerto Rico and the U.S. Virgin Islands.
Access to Disaster Assistance.--FEMA is reminded of the
briefing requirements in House Report 117-87 and the Joint
Explanatory Statement accompanying Public Law 117-103 related
to disadvantaged individuals and communities. When providing
those briefings, FEMA shall include information on steps the
Agency is taking to expand the types of documentation disaster
survivors can provide to demonstrate eligibility.
Breastfeeding.--The Committee recognizes that breastfeeding
confers meaningful clinical benefits for babies and mothers
while reducing healthcare costs and continues to urge FEMA to
ensure that breastfeeding mothers impacted by disasters have
access to breastfeeding services and supplies through its
Critical Needs Assistance, Other Needs Assistance, and other
programs. In the aftermath of a disaster, FEMA is directed to
work with SLTT, other federal agencies and volunteer
organizations to ensure that disaster survivors and service
providers have information on support available for nursing
equipment and supplies.
Bilingual and Multi-lingual Staff.--The Committee
encourages FEMA to continue hiring bilingual and multi-lingual
staff to meet the language needs of disaster survivors.
Debris Removal.--The Committee reminds FEMA of the briefing
requirement in House Report 117-87 and expects FEMA to provide
the briefing expeditiously.
De-Energization.--The Committee is aware that the
increasing severity and frequency of extreme weather events has
prompted efforts to reduce the risks of catastrophic wildfires
by adopting ``de-energization'' protocols, under which
electrical power is temporarily shut off for businesses,
schools, healthcare facilities, and residences. The Committee
encourages FEMA to reimburse the cost of generators for
individuals who are affected by de-energization protocols
implemented as a result of a presidentially declared major
disaster.
Direct Federal Assistance (DFA).--The Committee reminds
FEMA of the briefing requirement in House Report 117-87 on DFA
related to mutual aid and expects FEMA to provide the briefing
expeditiously.
Disaster Recovery Reform Act Implementation.--The Committee
recognizes the efforts FEMA has made to implement the Disaster
Recovery Reform Act of 2018 (division D of Public Law 115-254,
DRRA) and the positive impact that has made for states,
communities, and disaster survivors. Unfortunately, and as
noted in House Report 116-458 and House Report 117-87, a number
of provisions in the Act that were immediately effective or
have overdue statutory deadlines have still not been
implemented, including section 1215 on Management Costs,
section 1221 on Closeout incentives, and section 1235 on
Additional Mitigation Activities. While the Committee
recognizes that the operational burdens of FEMA's response to
the pandemic have contributed to delays, the Committee directs
FEMA to implement these provisions expeditiously.
The Committee reminds FEMA about the required quarterly
briefings on the status of the implementation of the Act
required by House Report 117-87 and directs the Agency to
immediately commence these briefings and continue to provide
them quarterly until all requirements of the DRRA have been
fully implemented. The briefings shall include updates on the
status of required rulemakings and the expected timeline for
issuing final rules.
Disaster Workforce.--The recommendation includes the
proposed funding for hiring and retention incentives and base
pay increases for FEMA's responder workforce. Within 60 days of
the date of enactment of this Act, FEMA shall brief the
Committee on a plan for the obligation of these funds. The
Committee also reminds FEMA of the related briefing requirement
in House Report 117-87 and expects FEMA to provide that
briefing expeditiously.
Electric Grid Resiliency.--The Committee reminds FEMA of
the overdue requirement from House Report 116-458 and House
Report 117-87 to brief the Committee on alternative methods to
repair, rebuild, and fortify disaster-damaged electric grids.
FEMA is directed to expeditiously provide the briefing, which
should address FEMA's efforts with interagency partners to
assess whether electric poles should comply with American
Society of Civil Engineers standards.
Insurance Not Required by the Stafford Act.--Not later than
60 days after the date of enactment of this Act, FEMA shall
brief the Committee on whether the purchase or maintenance of
insurance by an SLTT government that is not otherwise required
under the Stafford Act will:
(1) impact a recommendation by FEMA to the President
to declare a Major Disaster in such State; or
(2) negatively impact the amount of federal public
assistance the SLTT government would receive or the
government's eligibility for such assistance.
Mitigation Assistance for Disadvantaged Communities.--The
Committee recognizes that FEMA is continuing to expand
mitigation assistance to disadvantaged communities and
encourages the Agency to continue and increase these efforts.
This includes providing community outreach and increased
emphasis in competitive criteria for mitigation programs.
Non-Contiguous States and Territories.--Not later than 120
days after the date of enactment of this Act, FEMA shall brief
the Committee on an assessment of the unique challenges
associated with the prompt delivery of public assistance and
other FEMA programs in response to large-scale disasters in
U.S. non-contiguous states and territories and strategies to
address these challenges. The briefing shall incorporate
lessons learned from the 2017 Hurricane Season and other recent
events impacting non-contiguous states and territories.
Public Assistance Briefings and COVID-19 Assistance.--
Although the Committee recognizes the significant work that
FEMA has done to provide relief during the COVID-19 pandemic,
it remains concerned about reports of prolonged timelines and a
lack of transparency in the approval process for project
worksheets. The Committee also notes that the briefing required
in House Report 116-180 on the Public Assistance project
worksheet process has not yet been provided. In House Report
116-458 and House Report 117-87, the Committee noted that this
and other Public Assistance briefings were overdue, recognizing
the operational constraints the pandemic had placed on the
Agency. However, as noted in House Report 117-87, those
constraints are waning. FEMA is directed to provide the
required briefings to the Committee expeditiously. In addition,
within 10 days of the date of enactment of this Act, FEMA shall
brief the Committee on the process for COVID-19 project
worksheet approvals.
Western Wildfires.--The length and severity of the wildfire
season seems to be increasing each year with commensurate
increases in the risk to lives and property. While FEMA has a
well-established program to prepare for the Atlantic Hurricane
Season, it is unclear whether a similarly mature process has
yet been developed or implemented for the Western wildfire
season. Within 30 days of the date of enactment of this Act,
FEMA shall brief the Committee on steps it is taking to better
prepare for wildfire seasons. In particular, the briefing shall
address reimbursement eligibility for the prepositioning of
equipment and staff and timelines for reimbursements under
major disaster and emergency declarations, as well as through
Fire Management Assistance Grants.
NATIONAL FLOOD INSURANCE FUND
Appropriation, fiscal year 2022....................... $214,706,000
Budget request, fiscal year 2023...................... 225,000,000
Recommended in the bill............................... 225,000,000
Bill compared with:
Appropriation, fiscal year 2022................... +10,294,000
Budget request, fiscal year 2023.................. - - -
Title III--Administrative Provisions
Section 301. The Committee continues a provision limiting
expenses for the administration of grants.
Section 302. The Committee includes a new provision that
excludes the amounts provided for Nonprofit Security Grants
from calculations related to state minimum funding amounts
under the State Homeland Security Grant Program and the Urban
Area Security Initiative.
Section 303. The Committee continues a provision specifying
timeframes for grant applications and awards.
Section 304. The Committee continues a provision requiring
a five-day advance notification for certain grant awards under
``Federal Emergency Management Agency--Federal Assistance.''
Section 305. The Committee continues a provision addressing
the availability of certain grant funds for the installation of
communications towers.
Section 306. The Committee continues a provision requiring
the submission of a monthly Disaster Relief Fund report.
Section 307. The Committee continues a provision permitting
the Secretary to grant waivers from specified requirements of
section 34 of the Federal Fire Prevention and Control Act of
1974.
Section 308. The Committee continues a provision providing
for the receipt and expenditure of fees collected for the
Radiological Emergency Preparedness Program, as authorized by
Public Law 105-276.
Section 309. The Committee continues a provision granting
waivers for certain requirements pertaining to the granting of
Assistance to Firefighter Grants.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
Appropriation, fiscal year 2022....................... $409,504,000
Budget request, fiscal year 2023...................... 913,622,000
Recommended in the bill............................... 683,293,000
Bill compared with:
Appropriation, fiscal year 2022................... +273,789,000
Budget request, fiscal year 2023.................. -230,329,000
Mission
U.S. Citizenship and Immigration Services (USCIS)
adjudicates and grants immigration and citizenship benefits,
confirms eligibility for employment and public services, and
promotes an awareness and understanding of citizenship in
support of immigrant integration. USCIS activities are
primarily funded through fees collected from applicants for
immigration benefits.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2022....................... $389,504,000
Budget request, fiscal year 2023...................... 903,622,000
Recommended in the bill............................... 653,293,000
Bill compared with:
Appropriation, fiscal year 2022................... +263,789,000
Budget request, fiscal year 2023.................. -250,329,000
The Committee supports the Administration's request to
continue to increase capacity to address the USCIS backlog,
increase USCIS's capacity to support anticipated increases in
credible fear interviews and asylum adjudications, and begin to
reduce the burden on fee-paying applicants and petitioners of
unrelated humanitarian programs. However, because the budget
request assumes an unrealistic hiring strategy for asylum-
related operations, the recommendation reduces the Application
Processing PPA by $229,336,000 below the request, which is
$260,272,000 above fiscal year 2022 funding level.
The recommendation does not include the requested
$29,313,000 in discretionary funding for information technology
and cybersecurity. While the Committee supports USCIS's need to
fund these requirements, the costs should be built into USCIS's
fee analysis for cost recovery purposes.
The recommendation rejects the proposed $8,410,000
reduction to the E-Verify program, which was not adequately
justified.
Application Processing.--The Committee continues direction
provided under this heading in House Report 117-87 related to
the timely processing of applications, changes to fee levels,
and reporting on processing performance.
Asylum Seeker Access to Employment Authorization.--Not
later than 90 days after the date of enactment of this Act, and
quarterly thereafter, USCIS is directed to make available on a
publicly accessible website:
(1) the total number of pending employment
authorization applications filed by individuals with
pending applications for asylum or withholding of
removal pursuant to 8 C.F.R. 274a.12(c)(8); and
(2) the total number of such applications that have
been pending 60 or fewer days, 61-90 days, 91-120 days,
121-179 days, and 180 or more days.
Budget Justification Materials.--The Committee is
disappointed that the justification materials for the fiscal
year 2023 budget request for USCIS again lack the data and
information necessary to evaluate proposals, requirements and
the associated budget estimates and assumptions. For example,
the pay and non-pay cost drivers should be more detailed, and
the year-over-year changes for each of the funding profiles
should be more transparently described.
Further, the user fee justifications continue to lack
important descriptions of planned spending profiles, year-over-
year changes, and cost assumptions. The justifications for
these accounts should provide the same level of detail and
analysis as is provided for the Department's discretionary
funding accounts. For example, the justification lacks detailed
budget exhibits for each of the fee PPAs, the staffing and
hiring strategy is not fully described, the plans and budget
assumptions for USCIS's international operations and footprint
is missing, and the funding and planned outcome measures for
business process improvements and modernization efforts are not
included.
A full understanding of USCIS's budget strategy, plans, and
assumptions are critical to Congress's oversight
responsibilities--regardless of the funding source. The
Committee expects these deficiencies to be addressed with the
fiscal year 2024 budget justification materials or that the
necessary program details, funding and staffing profiles, and
other exhibits be submitted concurrently with the delivery of
the fiscal year 2024 budget.
Citizenship Promotion.--The Committee encourages CBP and
USCIS to continue exploring the most effective methods to
ensure that Lawful Permanent Residents arriving at ports of
entry are aware of the benefits of citizenship and the process
of becoming a U.S. citizen, to include self-service kiosks,
signage, videos, and verbal scripts.
Data on Asylum Operations.--USCIS is directed to continue
to make available, on a publicly accessible website in a
downloadable, searchable, and sortable format, a report
containing not less than the previous twelve months of
semimonthly data on:
(1) the number of noncitizens determined to have a
credible or reasonable fear of--
(A) persecution, as defined in section
235(b)(1)(B)(v) of the Immigration and
Nationality Act; or
(B) torture, as defined in section 208.30 of
title 8, Code of Federal Regulations (as in
effect on January 1, 2018); and
(2) the total number of cases received by U.S.
Citizenship and Immigration Services to adjudicate
credible or reasonable fear claims, as described in
paragraph (1), and the total number of cases closed.
Such report shall also disaggregate the data described
above with respect to the following subsets:
(1) claims submitted by aliens detained at a U.S.
Immigration and Customs Enforcement family residential
center or an emergency family shelter;
(2) claims submitted by aliens, organized by each
subdivision of legal or administrative authority under
which claims are reviewed; and
(3) the job series of the personnel reviewing the
claims.
E-Verify.--The Committee looks forward to the briefing
required under this heading in the explanatory statement
accompanying the fiscal year 2022 funding Act (Public Law 117-
103) regarding a plan for an appeal process for a final non-
confirmation within the E-Verify system, as well as
improvements in outreach efforts and training tools to assist
employers in improving the accuracy of information they submit
into the system.
The Committee is concerned that proposed reductions to E-
Verify are premised upon the inability to backfill vacancies,
do not account for addressing process improvements and outreach
efforts, and may result in shortfalls to the program.
Accordingly, the recommendation rejects the proposed cuts.
Electronic Processing.--The Committee continues the
requirement for USCIS to brief the Committee quarterly on its
electronic processing efforts, as described in the explanatory
statement accompanying the fiscal year 2022 funding Act (Public
Law 117-103), including its efforts to establish a centralized
mechanism for asylum seekers to apply for employment
authorization online.
The Committee reminds USCIS of its requirement to review
whether Form I-765 can be more narrowly tailored to reduce
paperwork and workloads, as described in the explanatory
statement accompanying the fiscal year funding 2022 Act (Public
Law 117-103), and it looks forward to hearing about the results
of this review during the next semi-annual briefing.
Eliminating Confusion in Classifying Job Occupations.--The
Committee urges USCIS to continue to update each of its forms,
both online and paper forms, to ensure that the Standard
Occupational Classification codes are the only occupational
codes used.
Fee Waivers.--USCIS is directed to continue its current
policy regarding the use of full fee waivers for certain
applicants, petitioners, and requestors who demonstrate an
inability to pay immigration and naturalization benefit
application fees, and to provide partial fee waivers for N-400
applicants who can demonstrate household income between 150
percent and 200 percent of the federal poverty guidelines and
are otherwise ineligible for full fee waivers. USCIS is
directed to continue to accept any one of the following items
as proof of inability to pay an immigration or naturalization
benefit application fee:
(1) documentation of receipt of a means-tested public
benefit;
(2) documentation of household income that is at or
below 150 percent of the Federal Poverty Guidelines at
the time of filing (or, in the case of a partial fee
waiver, greater than 150 percent but not more than 200
percent of the Federal Poverty Guidelines at the time
of filing an application for naturalization); or
(3) documentation of financial hardship, including
unexpected medical bills or emergencies.
Further, USCIS is directed to maintain naturalization fees
at an affordable level; reduce the backlog of applicants; and
reduce the costs of obtaining replacement certificates of
naturalization and certificates of citizenship, including by
cooperating with the Department of State on the screening of
derivative citizens, including international adoptees.
Filipino World War II Veteran Visa Backlog.--Not later than
180 days after the date of enactment of this Act, USCIS shall
brief the Committee on the number of individuals enrolled in
the Filipino War Veteran Parole Program. The briefing shall
also discuss opportunities to shorten the wait times for family
members of Filipino World War II veterans and more quickly
process the permanent resident applications of those enrolled
in the Filipino War Veteran Parole Program, along with any
resources and authorities needed.
H-2A and H-2B Visas.--USCIS shall, in coordination with the
Department of Labor's Office of Foreign Labor Certification,
timely post public information provided by employers on Form I-
129 and associated filings regarding recruiters, recruiting
agents, or agencies they plan to use. USCIS shall also
establish a process whereby workers may confirm that they are
the beneficiaries of H-2A or H-2B petitions and can receive
information about their own immigration status, including their
authorized period of stay and the status of any requested visa
extensions.
Additionally, the Committee is concerned about the abuses
exposed in the H-2A visa program as part of Operation Blooming
Onion. According to the Department of Justice, this was the
result of a multi-year investigation into a human smuggling and
labor trafficking operation that illegally imported Mexican and
Central American workers into brutal conditions on farms in
southern Georgia. To help ensure that steps are being taken to
monitor and prevent similar abuses in the H-2B visa program,
USCIS shall brief the Committee, not later than 60 days after
the date of enactment of this Act, and in coordination with the
Department of Labor, on efforts to prevent fraud and abuse in
the H-2A and H-2B visa programs and efforts to ensure that
employers, agents, attorneys, and recruiters who have been
debarred by the Department of Labor cannot continue to
participate in the programs.
H-2B Visa Program Reporting.--Not later than 60 days after
the date of enactment of this Act, the Department shall report
to the Committee on the distribution of visas granted through
the H-2B program, including a tabulation of the percentage of
overall visas issued to the top 15 employers. Also, not later
than 90 days after the date of enactment of this Act, the
Department, in consultation with the Department of Labor, shall
brief the Committee on the impacts of the current H-2B visa
semiannual distribution on employers, employees, and agency
operations.
Humanitarian Petitions.--The Committee urges USCIS to
refrain from imposing fees on any individual filing a
humanitarian petition, including but not limited to a request
for asylum, refugee admission, protection under the Violence
Against Women Act (VAWA), Special Immigrant Juvenile status, or
a T or U visa or Special Immigrant Visa for Iraqi and Afghan
nationals.
International Operations Division.--The Committee urges
USCIS to continue to reevaluate its international footprint
requirements to optimize its ability to meet its mission needs
in a cost-effective manner. Not later than 90 days after the
date of enactment of this Act, USCIS shall brief the Committee
on its international operations, its reliance on operations in
foreign locations, and its plans for changing its international
footprint over the next five fiscal years, along with estimated
budget and operational impacts of such changes.
Military Naturalization Applications.--The Committee looks
forward to the briefing required under this heading in the
explanatory statement accompanying the fiscal year 2022 funding
Act (Public Law 117-103). Additionally, on February 2, 2021,
President Biden issued an ``Executive Order on Restoring Faith
in Our Legal Immigration Systems and Strengthening Integration
and Inclusion Efforts for New Americans'' in which he directed
DHS and the State and Justice Departments to partner with the
Defense Department to ``facilitate naturalization for . . .
members of the military.'' Not later than 30 days after the
date of enactment of this Act, the Department shall brief the
Committee on its progress in implementing this executive order,
particularly as it relates to initiating naturalization during
basic training.
Quarterly Budget and Productivity Reporting.--The Committee
looks forward to receiving the first of the quarterly briefings
required under this heading in the explanatory statement
accompanying the fiscal year 2022 funding Act (Public Law 117-
103). USCIS shall continue to provide these briefings in fiscal
year 2023 and shall also include quarterly hiring projections
and execution updates by mission critical occupation, including
the associated funding for those positions. The data shall be
disaggregated by PPA for each USCIS funding source.
Refugee Admissions.--The Department shall update the
information required under this heading in the explanatory
statement accompanying the fiscal year 2022 funding Act (Public
Law 117-103), related to staffing, interviews, approvals, and
denials, by appending it with fiscal year 2022 data.
Refugees Impacted by the Muslim Ban.--Data released by DHS
and the Department of State as part of a court settlement show
that many refugees who were in the final stages of being
resettled in the United States when the refugee-specific Muslim
Ban (Executive Order 13769) was issued in October 2017 have
still not been able to enter the country. The Committee is
concerned that, while the Muslim Ban is no longer operative,
its lingering effects may be preventing people who were cleared
for resettlement in 2017 from getting to the United States five
years later. The Committee urges USCIS to expedite the
resettlement applications of individuals who were in the final
stages of entering the country when the refugee-specific Muslim
Ban was announced. The Committee further urges USCIS to review
the denials of admission to those refugees who were ready for
travel on the day of the refugee-specific Muslim Ban and would
be here in the United States if it were not for the ban.
Special Immigrant Juvenile (SIJ) Applications.--The
Committee is concerned about the backlog of SIJ applications.
Therefore, not later than 90 days after the date of enactment
of this Act, and quarterly thereafter, USCIS is directed to
make the following information available on a publicly
accessible website:
(1) The total number of SIJ petitions pending before
USCIS and the length of time each case has been
pending;
(2) The total number of SIJ adjudications, broken
down by grant or denial and the average length of time
SIJ petitions were pending prior to adjudication,
decision, or issuance of a Request for Evidence (RFE)
or Notice of Intent to Deny (NOID);
(3) The total number of RFEs and NOIDs issued; and
(4) The total numbers of SIJ petitions that have been
pending for 60 or fewer days, 61-90 days, 91-120 days,
121-179 days, and 180 or more days.
Spouse Petitions.--With respect to fiance(e) or spouse
petitions involving a minor party, the Committee continues to
direct USCIS to document the age of the minor party at the time
of the civil/legal marriage, along with the age difference
between the parties, with ages given in months as well as
years.
Systematic Alien Verification for Entitlements (SAVE)
Program.--Not later than 120 days after the date of enactment
of this Act, USCIS shall provide a report to the Committee that
includes calculations for the prior three fiscal years of the
percentage of all SAVE inquiries from user agencies made
pursuant to mandates in federal law and the percentage related
to benefits for which federal law does not require immigration
status verification. In addition, the report shall provide an
overview of the funding profile for the program, to include
total operational costs, the program's reimbursement model, and
the extent to which program costs are not fully recovered by
user fees. The Committee expects that this program will not
rely on fees paid by applicants and petitioners for immigration
benefits; accordingly, the report shall also include any plans
to achieve full-cost recovery.
Trauma-Informed Support.--The Committee looks forward to
the briefing required under this heading in the explanatory
statement accompanying the fiscal year 2022 funding Act (Public
Law 117-103).
U Visa Program.--The Committee is concerned about the
claims made in the OIG's January 6, 2022, report (OIG-22-10)
regarding USCIS's management and implementation of the U Visa
program. Not later than 60 days after the date of enactment of
this Act, USCIS shall brief the Committee on the implementation
of the recommendations included in the OIG report, including
its rationale for not concurring with some of the OIG
recommendations.
Virtual Processes and Ceremonies.--The Committee is
encouraged by USCIS's efforts to expand remote oaths of
citizenship and naturalization ceremonies and encourages USCIS
to work with the Department of Defense (DoD) to ensure that
these virtual options are available for service members who
seek to naturalize while stationed outside of the United
States. The Committee looks forward to receiving the
feasibility analysis required by the explanatory statement
accompanying the fiscal year 2022 funding Act (Public Law 117-
103).
Voter Registration for New Citizens.--USCIS shall examine
the feasibility of working with appropriate state and local
officials and agencies to register new U.S. Citizens upon
completion of their oath ceremonies. Such examination shall
consider the barriers to such efforts and examine whether USCIS
can electronically transfer voter information to facilitate
voter registration upon successfully obtaining U.S.
Citizenship.
Workload Staffing Modeling.--The Committee looks forward to
the briefing required under this heading in the explanatory
statement accompanying the fiscal year 2022 funding Act (Public
Law 117-103).
FEDERAL ASSISTANCE
Appropriation, fiscal year 2022....................... $20,000,000
Budget request, fiscal year 2023...................... 10,000,000
Recommended in the bill............................... 30,000,000
Bill compared with:
Appropriation, fiscal year 2022................... +10,000,000
Budget request, fiscal year 2023.................. +20,000,000
The recommendation includes $30,000,000 for the Citizenship
and Integration Grant Program, $20,000,000 above the request
and $10,000,000 above the fiscal year 2022 enacted level, to
expand the availability of grant awards for meritorious
proposals and to support projects that will test or bring to
scale innovative methods of English and civics education and
citizenship preparation. The Committee supports these efforts
to help future citizens complete their immigration journeys and
successfully integrate and engage in their communities.
Increasing the number of grants will also help USCIS build the
capacity for additional qualified service providers to assist
lawful permanent residents who would not otherwise apply for
naturalization, potentially remaining in the immigration
pipeline indefinitely.
The Committee looks forward to working with USCIS on
improvements to this grant program, such as reviewing the
guidelines and requirements set forth in the Notice of Funding
Opportunity (NOFO) to be sure that no unnecessary or overly
restrictive conditions are preventing otherwise qualified
prospective grant recipient organizations from participating.
Not later than five business days prior to the finalization of
the NOFO, USCIS shall brief the Committee on any changes to the
execution of the program, including changes in the
qualifications and expectations of grant recipients.
Not later than 120 days after the date of enactment of this
Act, USCIS shall brief the Committee on its metrics for
evaluating the success of this grant program.
USCIS continues to have the authority to accept private
donations to support the Citizenship and Integration Grant
Program. The Committee directs USCIS to provide an update on
its planned use of this authority not later than 30 days after
the date of enactment of this Act, to include efforts
undertaken to solicit private donations.
Federal Law Enforcement Training Centers
Appropriation, fiscal year 2022....................... $355,636,000
Budget request, fiscal year 2023...................... 396,547,000
Recommended in the bill............................... 396,547,000
Bill compared with:
Appropriation, fiscal year 2022................... +40,911,000
Budget request, fiscal year 2023.................. - - -
Mission
The Federal Law Enforcement Training Centers (FLETC)
provide or facilitate basic and advanced law enforcement
training for over 90 federal agencies and numerous state,
local, tribal, and international law enforcement organizations.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2022....................... $322,436,000
Budget request, fiscal year 2023...................... 355,247,000
Recommended in the bill............................... 355,247,000
Bill compared with:
Appropriation, fiscal year 2022................... +32,811,000
Budget request, fiscal year 2023.................. - - -
The recommendation funds the budget request, including
$6,987,000 for Zero Trust Implementation.
Northeast Interagency Training Centers.--The Committee is
aware of efforts by the Department and the National Guard to
establish interagency domestic operation training centers but
remains concerned by the lack of training locations in areas of
the country with high demand for federal-state interagency
training, including in the Northeast. The Committee encourages
the Department to continue working with the National Guard, as
well as state and local leaders, to identify opportunities for
expanding domestic training on federal or state property,
including in regions like the Northeast that lack facilities
for training related to active shooters, dense urban terrain,
and cyber and electromagnetic response.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2022....................... $33,200,000
Budget request, fiscal year 2023...................... 41,300,000
Recommended in the bill............................... 41,300,000
Bill compared with:
Appropriation, fiscal year 2022................... +8,100,000
Budget request, fiscal year 2023.................. - - -
The Committee recommends the budget request level,
including $11,000,000 for the repair and replacement of
Cheltenham storm water infrastructure; $3,000,000 for the
replacement of existing building diesel generators at the
Glynco campus; $20,300,000 for the construction of a strength
and conditioning complex; and $7,000,000 for construction costs
to establish a recycling center at Glynco.
Science and Technology Directorate
Appropriation, fiscal year 2022....................... $886,403,000
Budget request, fiscal year 2023...................... 901,291,000
Recommended in the bill............................... 963,777,000
Bill compared with:
Appropriation, fiscal year 2022................... +77,374,000
Budget request, fiscal year 2023.................. +62,486,000
Mission
The mission of the Science and Technology Directorate (S&T)
is to conduct and support research, development, developmental
and operational testing and evaluation, and the timely
transition of homeland security capabilities to operational end
users at the federal, state, and local levels.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2022....................... $330,590,000
Budget request, fiscal year 2023...................... 353,107,000
Recommended in the bill............................... 369,107,000
Bill compared with:
Appropriation, fiscal year 2022................... +38,517,000
Budget request, fiscal year 2023.................. +16,000,000
The recommendation includes $16,000,000 above the request.
The recommendation supports the requested $22,517,000 above the
fiscal year 2022 level to ensure adequate staffing for mission
essential requirements, operation and maintenance of S&T's five
laboratory facilities, and acquisition improvements to support
S&T's mission. Of the total amount provided for this account,
$215,397,000 is available until September 30, 2024, for the
Laboratory Facilities and Acquisition and Operations Analysis
PPAs. Descriptions of the increases above the request are
provided below.
Artificial Intelligence (AI) Technology Center.--The
recommendation includes $500,000 above the request in this
account and up to $5,000,000 in Research and Development to
support the formal establishment of an Artificial Intelligence
(AI) Technology Center to centralize AI/machine learning (ML)
subject matter expertise for DHS. This technology center will
advise and guide policy and investments in AI/ML capabilities
and technology solutions across the Department; advance
integration of AI/ML across several capabilities and
applications, including virtual reality and augmented reality;
and implement S&T's AI/ML strategy. Additionally, the funding
will be used to provide technical training materials to educate
the Department's operators on the foundational concepts of AI/
ML and its applications to homeland security missions.
Future Migration to the Southwest Border.--The
recommendation includes $10,000,000 above the request to
continue to expand and evolve interagency models on the impacts
to federal agencies of changes in the flow of migration to the
border, changes in policies, and changes in agency resources.
Not later than 60 days after the date of enactment of this Act,
S&T, the Migration Analysis Center, the Program Analysis and
Evaluation division of DHS CFO, and the relevant operational
DHS partners shall brief the Committee on the plans for the
execution of these funds and a timeframe for delivery of model
output to all stakeholder components and offices.
System of Systems Operational Analytics (SoSOA).--The
Committee is encouraged by the successes of the SoSOA team at
S&T, which provides analyses and tools to support DHS
components and directorates. To expand upon the services they
can provide, the recommendation includes $5,500,000 above the
request, of which $4,000,000 is in the Acquisition and
Operations Analysis PPA and $1,500,000 is in the Mission
Support PPA for additional staffing. Not later than 60 days
after the date of enactment of this Act, and quarterly
thereafter, S&T shall brief the Committee on the execution of
these funds and the projects the SoSOA team is supporting.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2022....................... $12,859,000
Budget request, fiscal year 2023...................... 89,466,000
Recommended in the bill............................... 63,716,000
Bill compared with:
Appropriation, fiscal year 2022................... +50,857,000
Budget request, fiscal year 2023.................. -25,750,000
The recommendation provides $35,750,000, as requested, for
critical improvements to S&T's laboratory facilities;
$21,466,000 for the Plum Island Closure and Support (PICS)
Program, an increase of $8,000,000 above the request; and
$6,500,000 for the design and environmental planning of the
Detection Sciences Testing and Applied Research (DSTAR) Center,
a reduction of $33,750,000 below the request.
Laboratory Facilities.--The Committee appreciates receiving
S&T's Laboratory Infrastructure Requirements Assessment and
includes $35,750,000, as requested, to ensure that S&T
laboratory infrastructure can address deficiencies and capacity
shortcomings to meet evolving mission requirements. Not later
than 45 days after the date of enactment of this Act, S&T shall
brief the Committee on the expenditure plan and anticipated
project schedule for these funds. Additionally, the Committee
directs S&T to complete the National Biodefense Analysis and
Countermeasures Center (NBACC) facility expansion scoping study
and to brief the Committee on the results by not later than 120
days after the date of enactment of this Act.
Plum Island Closure and Support (PICS) Program.--The
Committee provides $21,466,000, $8,000,000 above the request,
to continue the transition, closure, and conveyance of all Plum
Island real property and all related personal property to
facilitate the transfer of the Plum Island Animal Disease
Center (PIADC) mission to the National Bio and Agro-Defense
Facility (NBAF). The Committee notes that the transition of
PIADC science mission activities to NBAF is currently scheduled
for completion in fiscal year 2024. S&T is directed to continue
providing semi-annual briefings on the progress of these
activities, as specified in the explanatory report accompanying
Public Law 116-260. Further, not later than 120 days after the
date of enactment of this Act, S&T, in consultation with the
Department of Agriculture, shall brief the Committee on the
full transition schedule and projected milestones, including
any risk factors that may impact timelines and corresponding
budget estimates.
Transportation Security Laboratory (TSL) DSTAR Center.--The
Committee supports the Administration's plan to move forward
with the long overdue construction of the DSTAR Center. The
current TSL working conditions are impacting work safety,
productivity, and quality, putting the TSL at risk of not
keeping pace with the support that TSA and other DHS components
require. However, the Committee is concerned that the current
project estimates and requirements are outdated and not fully
developed. The recommendation includes partial funding of
$6,500,000 for planning and design activities pending receipt
of an up-to-date detailed project cost estimate and schedule.
Concurrent with the President's fiscal year 2024 budget
request, S&T is directed to provide a detailed project schedule
and milestone assessment for construction of the DSTAR Center,
including a revised cost estimate that reflects the TSL's up-
to-date requirements for the center and current market
conditions.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2022....................... $542,954,000
Budget request, fiscal year 2023...................... 458,718,000
Recommended in the bill............................... 530,954,000
Bill compared with:
Appropriation, fiscal year 2022................... -12,000,000
Budget request, fiscal year 2023.................. +72,236,000
The Committee recommends an increase of $72,236,000 above
the request, including $69,736,000 above the request for
Research, Development, and Innovation (RD&I) and $2,500,000
above the request to restore the Minority Serving Institutions
Program (MSIP) to the fiscal year 2022 level.
Research, Development, and Innovation
The recommendation provides $69,736,000 above the request
for RD&I. The Committee has yet to receive a briefing from S&T
on the proposed allocation of RD&I funds for fiscal year 2022
as required in House Report 117-87. Timely fulfillment of this
requirement ensures the Committee can balance congressional
RD&I priorities with S&T capabilities. S&T is directed to brief
the Committee semi-annually on the proposed allocation of RD&I
funds in fiscal year 2023 by thrust, program, and project
areas.
Active Neutron Interrogation for Cargo Screening.--The
Committee recognizes concerns over the smuggling of narcotics,
including opioids/fentanyl, and other contraband materials
through ports of entry and transportation hubs. To improve the
efficiency and effectiveness of screening operations, within
the funds provides, the Committee encourages the development
and deployment of a multi-purpose, high-yield active neutron
interrogation system that does not require the use of
radioactive material, including efforts to reduce system size
and improve operator safety.
Advanced Modeling and 3D Simulation Technologies.--Within
the funds provided, the Committee encourages research on
advanced modeling and three-dimensional (3D) simulation
technologies that may support FEMA's disaster resilience,
mitigation, and recovery operations, along with facilitating
SLTT and private sector involvement. S&T, in coordination with
FEMA, is directed to provide a briefing within 90 days of the
date of enactment of this Act that details efforts to integrate
hi-resolution imagery and 3D simulation capabilities into
emergency response tools.
Binational Industrial Research and Development Homeland
Security (BIRD HLS) Program.--The Committee continues to
support the BIRD HLS program, which allows S&T to work with
Israeli partners to develop innovative technology solutions for
homeland security needs and encourages continued funding of the
program at its historical level of $2,000,000. In furtherance
of the fiscal year 2020 report to Congress, S&T is directed to
brief the Committee on the outcomes of grants awarded through
this program not later than 90 days after the date of enactment
of this Act.
Border Threat of Small Unmanned Aerial Systems (sUAS).--The
Committee recognizes the growing threat of sUAS activity at the
southern border and encourages program funding that would drive
data analysis, countermeasure work, cybersecurity vulnerability
assessments, and drone exploitation activities.
Composite Maritime Shipping Containers.--S&T is directed to
brief the Committee not later than 60 days after the date of
enactment of this Act on efforts to manufacture and field test
secure, thermoplastic composite maritime shipping containers.
The briefing shall include measurable next steps to include
plans to move to the acquisition and maintenance phase.
Concrete Structures Supporting Water Control
Infrastructure.--Within the funds provided, the Committee
encourages advanced research associated with viable
alternatives to concrete dam design and performance, including
characterization of structural demands and resistance,
assessment of structural health and vulnerabilities, and
development of repair/retrofit technologies, including
applications of advanced materials.
DHS Demonstration Site for Unmanned Aerial Systems (UAS).--
The Committee recognizes the valuable role of the common test
site for demonstration and research of UAS and is pleased that
the site is also available to other federal partners. Within
the funds provided, the Committee encourages the use of the
demonstration site to conduct UAS tests and evaluations for DHS
operational entities and supports collaboration with the
appropriate Center of Excellence where practicable.
Gunshot Detection for Law Enforcement-Fired Weapons.--The
Committee encourages S&T to evaluate technologies that record
actual shots fired during law enforcement operations,
communicate that information to police dispatchers, and archive
the information for the purposes of post-incident reviews. Not
later than 180 days after the date of enactment of this Act,
S&T is directed to brief the Committee on the results of its
evaluation, to include any potential value for federal, state,
and local law enforcement.
Intelligent Networked Wildland Fire Sensors.--The Committee
acknowledges the need for a sensor technology capable of
accurate, reliable detection and tracking of wildfires,
enabling existing interventions and resources to be used more
efficiently. Within the funds provided, the Committee
encourages continued support for enhancing the resiliency and
reliability of domestically manufactured, multi-modal wildfire
fire detection systems to protect the Wildland Urban Interface,
including the hardening of any such system against future
cybersecurity threats and expanding pilot deployments and
system validation.
Low-Cost Team Awareness Kit (TAK).--Within the funds
provided, S&T is encouraged to pursue the expansion of Low-Cost
Team Awareness Kits (TAK) to DHS operational components with a
need for this capability and that have accredited TAK servers
running in their cloud environments. The Committee understands
the tool is currently used by thousands of DHS personnel, along
with other members of the national Homeland Security
Enterprise, including state and local public safety personnel.
Next Generation Biosurveillance Systems.--The Committee
understands that S&T's Office of Mission and Capability Support
is working to develop, test, and deploy next generation
technologies that will significantly decrease the time required
to reliably screen, detect and identify biological incidents.
Within the funds provided, the Committee encourages S&T to
complete advanced development, transition, fielding, and
sustainment of these critical detection capabilities for rapid
detection of aerosolized biological threats and to consider
adapting the digital Matrix Assisted Laser Desorption and
Ionization (MALDI) technology for rapid screening of infectious
diseases. Not later than 120 days after the date of enactment
of this Act, S&T is directed to brief the Committee on its
progress in these areas.
Partnership to Improve the National's Levee Systems.--
Within the funds provided, the Committee encourages S&T to
advance the Educational Partnership Agreement between the U.S.
Army Corps of Engineers Engineering Research Development Center
and an academic sedimentation lab that has experience in
cooperative research with the U.S. Department of Agriculture's
Natural Resources Conservation Service to develop capabilities
for maintaining and improving the integrity of the nation's
existing levee and dam systems.
Port and Maritime Resiliency and Security.--The Committee
continues to recognize the vast data security threat facing the
U.S. Maritime/Port sector and the potential consequences of
cyber intrusions on mission critical infrastructure and
operations. Within the funds provided, the Committee encourages
support for the ongoing Port and Maritime Resiliency and
Security Testbed research program to support the design and
development of tactics, techniques, and procedures for
effective threat response to critical maritime infrastructure.
Positioning, Navigation, and Timing Services.--The federal
government has determined that the disruption or manipulation
of positioning, navigation, and timing (PNT) services has the
potential to adversely affect the national and economic
security of the United States. In response, Executive Order
(EO) 13905--Strengthening National Resilience Through
Responsible Use of Positioning, Navigation, and Timing
Services--was published on February 18, 2020. The EO directs
relevant departments and agencies, through DHS, to develop
contractual language based on sector specific PNT profiles to
be incorporated into federal contracts for products, systems,
and services that integrate or use PNT services. The goal of
this directive is to encourage the private sector to develop
new robust and secure PNT services. The Committee directs the
Department to complete the requirements for federal contracts
specified in EO 13905 and provide an implementation briefing to
the Committee not later than 60 days after the date of
enactment of this Act.
Research and Prototyping for IED Defeat (RAPID) Program.--
Within the funding provided, the Committee encourages S&T to
assess emerging Improvised Explosive Device (IED) threats,
develop render-safe technologies, and ensure a proper
transition to first responders with appropriate training.
Funding would enable the transition of these new capabilities
to help public safety bomb technicians perform their duties
safer and faster in direct support of DHS components and first
responders. Not later than 90 days after the date of enactment
of this Act, S&T shall brief the Committee on the planned
obligation of funds for developing and transitioning
technologies to support public safety across the nation,
include any planned funding for RAPID.
Research on Technological Solutions for Fentanyl
Detection.--Within the funds provided, S&T is encouraged to
partner with CBP to develop additional technological solutions
to:
(1) target and detect low-purity fentanyl, especially
in counterfeit pressed tablets;
(2) enhance targeting of counterfeit pills through
nonintrusive, noninvasive, and other visual screening
technologies; and
(3) improve data-driven targeting to increase seizure
rates of fentanyl and its precursors.
Semiconductor Technology.--The Committee supports continued
advanced research using high resolution magnification to
improve the detection of potential structural defects in
emerging semiconductor technologies (including microchips,
light emitting diodes, batteries, and processors) that could
allow the unintended manipulation of hardware.
U.S.-Israel Cybersecurity Cooperation Enhancement
Program.--S&T is encouraged to provide up to $6,000,000 for the
U.S.-Israel Cybersecurity Cooperation grant program, as
authorized by section 1551 of the National Defense
Authorization Act for Fiscal Year 2022, to support
cybersecurity research and development and demonstration and
commercialization of cybersecurity technology.
Voting Technologies and Election Data Security
Procedures.--The Committee supports research to ensure that
voting software and hardware is studied and vetted before being
used during local, state, and federal elections. Consistent
with prior year direction and within the resources provided,
S&T is encouraged to fund quality assurance and continuous
evaluation research on voting technologies and election
procedures in cooperation with a qualified organization with
experience performing technical audits of statewide elections
systems. In consultation and coordination with the Elections
Assistance Commission and CISA, this investment should include
the development of new tools and training modules to enable
states and localities to ensure that their election systems are
secure.
University Programs
The recommendation provides $53,537,000 for University
Programs, which includes $2,500,000 above the request for the
Minority Serving Institutions Program (MSIP).
Centers of Excellence.--The Committee underscores that
Emeritus COEs remain valuable resources for homeland security
science and technology solutions and training the next
generation of homeland security experts. S&T shall report to
the Committee not later than 60 days after the date of
enactment of this Act on how DHS is leveraging Emeritus COEs to
address homeland security challenges.
Cross-Border Threat Screening and Supply Chain Defense.--
The Committee continues to encourage S&T to expand research and
analysis on cross-border threat screening and supply chain
defense in support of research on new technologies and
capabilities, including predictive data analytics, to eliminate
disruptions to the food and agriculture supply chain, and for
early detection of public health threats and biothreats.
Education Programs.--The Committee underscores the
importance of MSIP in supporting homeland security related
science, technology, engineering, and mathematics research, and
includes $7,657,000, an increase of $2,500,000 above the
request, for the program. The Committee understands that
increased funding will support student experiential learning
opportunities through science and engineering teaching
initiatives, curriculum development, and scholarships within
MSI communities; and increased engagement with the Nation's
MSIs which include Historically Black Colleges and
Universities, Hispanic Serving Institutions, Asian American and
Native American Pacific Islander-Serving Institutions, and
Tribal Colleges and Universities.
Mitigating Biological Risks.--The Committee encourages S&T
to work with research universities to develop a national
testing capacity to assess vulnerabilities and mitigate
biological risks, including COVID-19, in building air and water
handling systems, multi-building facilities, and wastewater
systems. The Committee supports the development of improved
standard methods, processes, and protocols required for test
and evaluation field demonstration, as well as operational use
guidelines or concepts of operation for technologies claiming
to rapidly assess indoor environments for pathogenic
contamination.
Countering Weapons of Mass Destruction Office
Appropriation, fiscal year 2022....................... $452,011,000
Budget request, fiscal year 2023...................... 428,972,000
Recommended in the bill............................... 428,972,000
Bill compared with:
Appropriation, fiscal year 2022................... -23,039,000
Budget request, fiscal year 2023.................. - - -
Mission
The Countering Weapons of Mass Destruction Office (CWMD)
leads DHS efforts to develop and enhance programs and
capabilities that defend against chemical, biological,
radiological, and nuclear threats.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2022....................... $176,750,000
Budget request, fiscal year 2023...................... 151,970,000
Recommended in the bill............................... 151,970,000
Bill compared with:
Appropriation, fiscal year 2022................... -24,780,000
Budget request, fiscal year 2023.................. - - -
Visualization Tool.--The Committee encourages CWMD to
continue its engagement in support of a visualization tool that
incorporates data from state and local entities to inform
emergency response, emergency management, and law enforcement
at all levels of government.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2022....................... $76,604,000
Budget request, fiscal year 2023...................... 55,304,000
Recommended in the bill............................... 55,304,000
Bill compared with:
Appropriation, fiscal year 2022................... -21,300,000
Budget request, fiscal year 2023.................. - - -
Biodetection.--First established nearly 20 years ago, the
BioWatch program has struggled technologically to meet the
operational goals of the program to provide effective early
warning of the release of biological pathogens in populated
areas. The Committee is aware that the Department of Defense
has developed and successfully demonstrated a Matrix Assisted
Laser Desorption and Ionization--Time of Flight (MALDI TOF)
technology that appears capable of addressing the program's
shortfalls. The Committee directs CWMD to provide a briefing,
not later than 90 days after the date of enactment of this Act,
on the feasibility of incorporating MALDI TOF sensor technology
into its current BioDetection 21 effort. The briefing shall
include a description of potential DHS applications, whether
additional development work would be needed for those
applications, and preliminary estimates of costs and benefits
of adopting the technology.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2022....................... $65,709,000
Budget request, fiscal year 2023...................... 82,515,000
Recommended in the bill............................... 82,515,000
Bill compared with:
Appropriation, fiscal year 2022................... +16,806,000
Budget request, fiscal year 2023.................. - - -
Radiation Portal Technology Enhancement and Replacement.--
The Committee is concerned with the acquisition schedule of the
Radiation Portal Technology Enhancement & Replacement (RAPTER)
program to develop, acquire, and deploy 1,400 new radiation
portal monitor (RPM) systems to recapitalize the existing fleet
of aging RPMs. CWMD is directed to brief the Committee within
90 days of the date of enactment of this Act and on a quarterly
basis thereafter regarding the progress of the RAPTER program
and the feasibility of accelerating the current acquisition
schedule.
TIBr HPRDS Objective Resolution.--The Committee is aware
that CWMD is engaged in an ongoing research and development
effort, known as THOR (TIBr HPRDS Objective Resolution), to
develop a Thallium Bromide (TlBr) gamma detection capability as
a viable radiation and nuclear detection and identification
technology. The Committee supports this effort but urges CWMD
to retain a High Purity Germanium capability to ensure a
suitable level of detection capability.
FEDERAL ASSISTANCE
Appropriation, fiscal year 2022....................... $132,948,000
Budget request, fiscal year 2023...................... 139,183,000
Recommended in the bill............................... 139,183,000
Bill compared with:
Appropriation, fiscal year 2022................... +6,235,000
Budget request, fiscal year 2023.................. - - -
Title IV--Administrative Provisions
Section 401. The Committee continues a provision allowing
USCIS to acquire, operate, equip, and dispose of up to five
vehicles under certain scenarios.
Section 402. The Committee continues a provision limiting
the use of A-76 competitions by USCIS.
Section 403. The Committee continues a provision related to
the collection and use of biometrics.
Section 404. The Committee includes a new provision that
exempts Special Immigrant Juvenile Status visas from
employment-based visa caps.
Section 405. The Committee includes a new provision
concerning the availability of unused employment-based and
family-based visas.
Section 406. The Committee includes a new provision
concerning the admission of certain individuals who were
previously offered visas through the diversity visa lottery.
Section 407. The Committee includes a new provision making
available additional H-2B visas and waives certain rulemaking
requirements to expedite visa approvals.
Section 408. The Committee includes a new provision
concerning the issuance of H-2A visas for agricultural work
without regard to whether the work is temporary or seasonal in
nature.
Section 409. The Committee continues a provision
authorizing FLETC to distribute funds for incurred training
expenses.
Section 410. The Committee continues a provision directing
the FLETC Accreditation Board to lead the federal law
enforcement training accreditation process to measure and
assess federal law enforcement training programs, facilities,
and instructors.
Section 411. The Committee continues a provision allowing
for the acceptance of funding transfers from other government
agencies for construction of special use facilities.
Section 412. The Committee continues a provision
classifying FLETC instructor staff as inherently governmental
for certain purposes.
TITLE V--GENERAL PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
Section 501. The Committee continues a provision limiting
the availability of appropriations to one year unless otherwise
expressly provided.
Section 502. The Committee continues a provision providing
that unexpended balances of prior year appropriations may be
merged with new appropriation accounts and used for the same
purpose, subject to reprogramming guidelines.
Section 503. The Committee continues and modifies a
provision from prior years related to reprogramming limitations
and transfer authority. The Department must notify the
Committees on Appropriations at least 15 days in advance of
each reprogramming of funds that would:
(1) eliminate a program, project, or activity;
(2) reduce programs, projects, and activities, or
personnel, by ten percent or more; or
(3) increase a program, project, or activity by more
than $5,000,000 or ten percent, whichever is less.
The term ``program, project, and activity'' (PPA) is
defined as each functional category listed under an account
heading in the Comparative Statement of New Budget Authority
(CSBA) table included at the back of this report, along with
each funding amount designated for a particular purpose within
the statement narrative, exclusive of simple references to
increases or reductions below the budget request. Funding for
each PPA should not be used for the purposes of any other PPA.
Within 30 days of the date of enactment of this Act, the
Department shall submit to the Committees a table delineating
PPAs subject to section 503 notification requirements, as
defined in subsection 503(f)(1) and this paragraph.
Limited transfer authority is provided to give the
Department flexibility in responding to emerging requirements
and significant changes in circumstances but is not intended to
facilitate the implementation of new activities that were not
proposed in a formal budget submission. Transfers may not
reduce accounts by more than five percent or increase accounts
by more than ten percent. The Committees on Appropriations must
be notified not fewer than 30 days in advance of any transfer.
To avoid violations of the Anti-Deficiency Act, the
Secretary shall ensure that any transfer of funds is carried
out in compliance with the limitations and requirements of
section 503(c). In particular, the Secretary should ensure that
any such transfers adhere to the opinion of the Comptroller
General's decision in the Matter of: John D. Webster, Director,
Financial Services, Library of Congress, dated November 7,
1997, with regard to the definition of an appropriation subject
to transfer limitations.
Notifications should provide complete explanations of
proposed funding reallocations, including detailed
justifications for the increases and graphics and any specific
impact the proposed changes would have on future-year
appropriations requirements, along with a table showing the
proposed revisions to funding and FTE--at the account and PPA
levels--for the current fiscal year, along with any expected
funding and FTE impacts during the budget year.
The Department shall manage its PPAs within the levels
appropriated and should only submit reprogramming or transfer
notifications in cases of unforeseeable and compelling
circumstances that could not have been predicted when
formulating the budget request for the current fiscal year.
When the Department becomes aware of an emerging requirement
after the President's budget has been submitted to Congress but
prior to the enactment of a full-year funding Act for the
budget year, it is incumbent on the Office of the Chief
Financial Officer to timely notify the Committees. When the
Department submits a reprogramming or transfer notification and
does not receive identical responses from the House and Senate
Committees, it is expected to work with the Committees to
reconcile the differences before proceeding.
This section prohibits above-threshold reprogramming
actions and transfers after June 30 except in extraordinary
circumstances that imminently threaten the safety of human life
or the protection of property. If an above-threshold
reprogramming or a transfer is required after that date, the
notification should contain sufficient documentation as to why
it meets this statutory exception and should be accompanied by
a certification to that effect by the Under Secretary for
Management.
De-obligated funds continue to be subject to the
reprogramming and transfer limitations and requirements set
forth in section 503.
Section 504. The Committee includes a new provision
prohibiting DHS from carrying out the following without a prior
notification by the Under Secretary for Management:
(1) contracting out functions performed by federal
personnel or proposed in the budget to be performed by
such personnel;
(2) obligating Procurement, Construction, and
Improvement funds for purposes not proposed in the
budget or described in the bill or explanatory
statement;
(3) obligating Operations and Support funding to
establish or eliminate an office or other functional
unit unless such establishment or elimination was
proposed in the budget or described in the bill or
explanatory statement.
Section 505. The Committee continues a provision providing
that not to exceed 50 percent of unobligated balances remaining
available at the end of the prior fiscal year for each
Operations and Support appropriation shall have an additional
fiscal year of availability, subject to a section 503
reprogramming notification.
Section 506. The Committee continues by reference a
provision prohibiting funds appropriated or otherwise made
available to the Department to make payment to the Working
Capital Fund, except for activities and amounts proposed in the
President's budget request.
Section 507. The Committee continues a provision that deems
intelligence activities to be specifically authorized during
the current fiscal year until the enactment of an Act
authorizing intelligence activities for the current fiscal
year.
Section 508. The Committee continues a provision requiring
notification to the Committees at least three days before DHS
executes or announces grant allocations, grant awards, contract
awards (including contracts covered by the Federal Acquisition
Regulation), other transaction agreements, letters of intent,
or a task or delivery order on multiple award contracts
totaling more than $1,000,000; a task or delivery order greater
than $10,000,000 from multi-year funds; or sole-source grant
awards. Notifications shall include a description of projects
or activities to be funded and their location, including city,
county, and state.
Section 509. The Committee continues a provision
prohibiting all agencies from purchasing, constructing, or
leasing additional facilities for federal law enforcement
training without advance notification to the Committees.
Section 510. The Committee continues a provision
prohibiting the use of funds for any construction, repair,
alteration, or acquisition project for which a prospectus, if
required under chapter 33 of title 40, United States Code, has
not been approved.
Section 511. The Committee continues by reference a prior-
year provision related to contracting officer's technical
representative training.
Section 512. The Committee continues a provision
prohibiting the use of funds in contravention of the Buy
American Act.
Section 513. The Committee continues a provision regarding
the oath of allegiance required by section 337 of the
Immigration and Nationality Act.
Section 514. The Committee continues and modifies a
provision prohibiting DHS from using funds in this Act to use
reorganization authority.
Section 515. The Committee continues a provision
prohibiting funds for planning, testing, piloting, or
developing a national identification card.
Section 516. The Committee continues a provision directing
that any official required by this Act to report or certify to
the Committees on Appropriations may not delegate such
authority unless expressly authorized to do so in this Act.
Section 517. The Committee continues a provision
prohibiting funds in this Act to be used for first-class
travel.
Section 518. The Committee continues a provision
prohibiting 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 519. The Committee continues a provision requiring
DHS computer systems to block electronic access to pornography,
except for law enforcement purposes.
Section 520. The Committee continues a provision regarding
the transfer of firearms by federal law enforcement personnel.
Section 521. The Committee continues a provision regarding
funding restrictions and reporting requirements related to
conferences occurring outside of the United States.
Section 522. The Committee continues a provision
prohibiting funds to reimburse any federal department or agency
for its participation in a National Special Security Event.
Section 523. The Committee continues a provision requiring
a notification, including justification materials, prior to
implementing any structural pay reform or instituting a new
position classification that affects more than 100 full-time
positions or costs more than $5,000,000.
Section 524. The Committee continues a provision directing
the Department to post on a public website reports required by
the Committees on Appropriations unless public posting
compromises homeland or national security or contains
proprietary information.
Section 525. The Committee continues a provision
authorizing minor procurement, construction, and improvements
under ``Operations and Support'' appropriations, as specified.
Section 526. The Committee continues by reference a
provision to authorize DHS to fund out of existing
discretionary appropriations the expenses of primary and
secondary schooling of eligible dependents in areas of U.S.
territories that meet certain criteria.
Section 527. The Committee continues a provision extending
other transaction authority for the Department.
Section 528. The Committee continues a provision regarding
access to detention facilities by members of Congress or their
designated staff.
Section 529. The Committee continues a provision
prohibiting the use of funds to use restraints on pregnant
detainees in DHS custody except in certain circumstances.
Section 530. The Committee continues a provision
prohibiting the use of funds for the destruction of records
related to detainees in custody.
Section 531. The Committee continues a provision
prohibiting funds for a Principal Federal Official during a
declared disaster or emergency under the Stafford Act, with
certain exceptions.
Section 532. The Committee continues a provision requiring
the Under Secretary for Management to submit a component-level
report on unfunded priorities classified as budget function
050.
Section 533. The Committee continues a provision requiring
notifications when the President designates a former or retired
federal official or employee for protection and reporting
regarding the costs of such protection.
Section 534. The Committee continues a provision requiring
notifications and reporting on DHS submissions of proposals to
the Technology Modernization Fund.
Section 535. The Committee continues and modifies a
provision appropriating an additional amount for CBP, ICE, and
FEMA to address border management requirements.
Section 536. The Committee includes a new provision that
protects against the denial of immigration benefits solely
based on grounds related to cannabis.
Section 537. The Committee includes a new provision
prohibiting the use of funds to enter into a procurement
contract, memorandum of understanding, or cooperative agreement
with, or make a grant to or provide a loan or loan guarantee to
certain entities.
Section 538. The Committee includes a new provision to make
U.S. territories eligible for assistance authorized by Section
205 of the Stafford Act (42 U.S.C. 5135).
Section 539. The Committee includes a new provision
rescinding and reappropriating funding available for a
Community Project Funding item in the Department of Homeland
Security Appropriations Act, 2022, that could not be executed
due to a technical error.
Section 540. The Committee includes a provision rescinding
unobligated balances from specified sources.
APPROPRIATIONS CAN BE USED ONLY FOR THE PURPOSES FOR WHICH MADE
Title 31 of the United States Code makes clear that
appropriations can be used only for the purposes for which they
were appropriated as follows:
Section 1301. Application.
(a) Appropriations shall be applied only to the objects for
which the appropriations were made except as otherwise provided
by law.
House of Representatives Report Requirements
The following items are included in accordance with various
requirements of the Rules of the House of Representatives.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII off the Rules of
the House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
RESCISSION OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
------------------------------------------------------------------------
Account / Activity Rescissions
------------------------------------------------------------------------
U.S. Customs and Border Protection--Procurement, $100,097,000
Construction, and Improvement (PC&I) from Public Law
117-103.............................................
Transportation Security Agency--Operations and 100,097,000
Support (O&S) from Public Law 117-103...............
U.S. Citizenship and Immigration Services--O&S from 87,619,000
Public Law 117-103..................................
------------------------------------------------------------------------
TRANSFERS OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following is submitted describing
transfers of funds recommended in the accompanying bill:
In title I, under ``Office of the Secretary and Executive
Management--Federal Assistance'', language is included allowing
for the transfer of $40,000,000 to the ``Federal Emergency
Management Agency--Federal Assistance'', of which $20,000,000
shall be for targeted violence and terrorism prevention grants
and of which $20,000,000 shall be for the Alternatives to
Detention Case Management program.
In title I, under ``Administrative Provisions'', section
108 includes language allowing for the transfer of $14,000,000
to the ``Office of Inspector General--Operations and Support''
account.
In title II, under ``U.S. Customs and Border Protection--
Operations and Support'', language is included allowing for the
transfer of $5,000,000 to the Bureau of Indian Affairs.
In title II, under ``Administrative Provisions'', section
211 includes language allowing for the transfer of up to
$100,000,000 from ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'' to the Department
of the Interior and the Department of Agriculture.
In title V, section 503 includes language permitting the
transfer of up to 5 percent of each appropriation in the bill
to one or more other appropriations in the bill and permitting
the augmentation of each appropriation to not more than 10
percent of the original amount appropriated.
In title V, section 505 includes language permitting up to
30 percent of ``Operations and Support'' appropriations that
would otherwise expire at the end of the fiscal year funded by
this Act to be transferred to the Department of Homeland
Security Information Technology Modernization Fund, to remain
available through the end of the third fiscal year following
such transfer.
In title V, section 507 includes language permitting the
transfer of funds appropriated for the activities of the Office
of Intelligence and Analysis to ``Management Directorate--
Operations and Support'' up to the amount by which such
appropriations exceed the level authorized for such office by
an Act authorizing intelligence activity for the fiscal year
funded by this Act.
DISCLOSURE OF EARMARKS AND CONGRESSIONAL DIRECTED SPENDING ITEMS
The following table is submitted in compliance with clause
9 of rule XXI and lists the congressional earmarks (as defined
in paragraph (e) of clause 9) contained in the bill or in this
report. Neither the bill nor the report contain any limited tax
benefits or limited tariff benefits as defined in paragraphs
(f) or (g) of clause 9 of rule XXI.
HOMELAND SECURITY
[Community Project Funding]
--------------------------------------------------------------------------------------------------------------------------------------------------------
House
Agency Account Location Recipient Project House Amount Requestors
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Colquitt, GA......... Miller County Government..... Emergency Operations Center $161,167 Bishop (GA)
EOC. Communications Upgrade.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Archbald, PA......... Borough of Archbald.......... Archbald Borough Municipal Complex 2,965,800 Cartwright
EOC. Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- St. Matthews, SC..... Calhoun County............... Calhoun County Emergency 1,668,263 Clyburn
EOC. Operations Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Madison, CT.......... Town of Madison.............. Madison CT Emergency Operations 2,471,500 Courtney
EOC. Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- San Diego, TX........ Duval County................. Duval County Emergency Operations 2,965,800 Cuellar
EOC. Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Middlefield, CT...... Town of Middlefield.......... Emergency Operation Center Grant: 2,224,350 DeLauro
EOC. Town of Middlefield, CT.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Bothell, WA.......... City of Bothell.............. Emergency Coordination Center -- 741,450 DelBene
EOC. North, Backup Power Generator.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Live Oak, FL......... Suwannee County Board of Suwannee County EOC Construction.. 2,346,784 Dunn
EOC. County Commissioners.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Crawfordville, FL.... Wakulla County Board of Wakulla County Emergency 3,000,000 Dunn
EOC. Commissioners. Operations Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Stafford, TX......... City of Stafford............. Stafford Emergency Operations 259,508 Green (TX)
EOC. Center Update.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Independence, IA..... Buchanan County Emergency Buchanan County Emergency 208,000 Hinson
EOC. Management. Operations Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Hyattsville, MD...... Prince George's County, Prince George's County Emergency 593,160 Hoyer
EOC. Maryland. Operations Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Geneseo, NY.......... Livingston County............ Livingston County Emergency 250,000 Jacobs (NY)
EOC. Operations Center Resilient
Microgrid.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Albion, NY........... County of Orleans............ Orleans County Emergency 2,000,000 Jacobs (NY)
EOC. Management and Operations Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Oxford, MS........... Lafayette County Emergency Lafayette County Emergency 3,000,000 Kelly (MS)
EOC. Management Agency. Operations Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Port Angeles, WA..... Clallam County............... The Clallam County and City of 2,965,800 Kilmer
EOC. Port Angeles Joint Emergency
Services and Public Safety
Facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Walpole, NH.......... Walpole Fire District........ Walpole Fire and EMS Emergency 1,058,791 Kuster
EOC. Operations Center Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Chepachet, RI........ Town of Glocester............ Public Safety Improvements -- Town 750,000 Langevin
EOC. of Glocester.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Bloomfield Township, Charter Township of Bloomfield Township Emergency 181,266 Levin (MI)
EOC. MI. Bloomfield. Operation Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Virginia Beach, VA... City of Virginia Beach....... Emergency Operations Center IT 1,482,900 Luria
EOC. Modernization.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Kiryas Joel, NY...... Village of Kiryas Joel....... Kiryas Joel Emergency Operations 825,000 Maloney, Sean
EOC. Center Project. Patrick
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Stuart, FL........... Martin County................ Emergency Operations Center 750,000 Mast
EOC. Resiliency.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Phelan, CA........... Phelan Pinon Hills Community PPHCSD Civic Center & Community 2,000,000 Obernolte
EOC. Services District. Emergency Operations Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- West Valley City, UT. West Valley City............. West Valley City Mobile Emergency 800,000 Owens
EOC. Operations Center Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Poplarville, MS...... Pearl River County........... Pearl River County Multipurpose 2,900,000 Palazzo
EOC. and Emergency Operations Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- South Plainfield, NJ. South Plainfield Police South Plainfield Emergency 370,725 Pallone
EOC. Department. Operations Center Modernization.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Manchester, NH....... Manchester Fire Department... Emergency Operations Center....... 333,653 Pappas
EOC.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Frederick, MD........ Frederick County Government.. Emergency Operations Center....... 869,968 Raskin
EOC.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Walla Wall, WA....... Walla Walla County........... Walla Walla County E911 Emergency 750,000 Rodgers (WA)
EOC. Operations Center Relocation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Commerce, CA......... The City of Commerce......... City of Commerce--Public Safety 1,482,900 Roybal-Allard
EOC. Building / Sheriff's Substation
(EOC).
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Montebello, CA....... City of Montebello........... Public Safety Critical 2,211,745 Sanchez
EOC. Communications Upgrade Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Annapolis, MD........ Anne Arundel County.......... Emergency Operations Center....... 2,471,500 Sarbanes
EOC.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Burbank, CA.......... City of Burbank.............. Burbank New Emergency Operations 1,235,750 Schiff
EOC. Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Ellensburg, WA....... Kittitas County.............. Regional Emergency Management 1,186,320 Schrier
EOC. Operations and Search and Rescue
Facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Wauchula, FL......... Hardee County, Florida....... Funding for Hardee County 481,391 Steube
EOC. Emergency Operation Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- New York City, NY.... New York City Office of New York City Emergency Management 926,813 Suozzi
EOC. Emergency Management. Queens Borough Coordination
Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Lakeport, CA......... County of Lake............... Lakeport Armory Facility 988,600 Thompson (CA)
EOC. Repurposing Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Oakland, MD.......... Garrett County............... Garrett County Emergency 698,848 Trone
EOC. Communicatons 9-1-1.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Center Rutland, VT... Town of Rutland.............. Rutland Town Public Safety Center. 158,176 Welch
EOC.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Palmer, PA........... Palmer Municipal Fire Palmer Fire Department Emergency 346,010 Wild
EOC. Department. Operations Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Hopedale, MA......... Town of Hopedale............. Feasibility Study to Dredge 444,870 Auchincloss
PDM. Hopedale Pond and Daylight the
Mill River for Community
Resilience and Water Quality
Improvements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- North Attleborough, Town of North Attleborough, Ten-Mile River Dredging........... 1,482,900 Auchincloss
PDM. MA. Massachusetts.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Thousand Oaks, CA.... City of Thousand Oaks........ Microgrid Installation for the 1,853,625 Brownley
PDM. Municipal Service Center.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Wilson, NC........... City of Wilson............... Hominy Water Quality Park and 7,043,775 Butterfield
PDM. Greenway.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Santa Barbara, CA.... County of Santa Barbara...... San Marcos Road Stabilization 1,384,040 Carbajal
PDM. Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Mayfield, PA......... Borough of Mayfield.......... Mayfield Borough Levee Upgrade.... 2,327,734 Cartwright
PDM.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Honolulu , HI........ City and County of Honolulu.. Hardening of Fire Station Doors... 2,001,915 Case
PDM.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Tampa, FL............ City of Tampa................ Bermuda Boulevard Seawall 2,965,800 Castor (FL)
PDM. Improvements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Malden, MA........... City of Malden............... Malden River Works Project........ 1,334,610 Clark (MA)
PDM.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Woburn, MA........... City of Woburn............... Hurld Park Construction........... 2,916,370 Clark (MA)
PDM.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Revere, MA........... City of Revere............... Riverside Climate Resiliency 1,977,200 Clark (MA)
PDM. Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Houston, TX.......... City of Houston.............. Lake Houston Dam Spillway 7,500,000 Crenshaw
PDM. Improvement Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Kansas City, KS...... Kansas City Board of Public Nearman Water Treatment Plant 3,707,250 Davids (KS)
PDM. Utilities. Emergency Electric Backup
Generator.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Stratford, CT........ Town of Stratford............ Flood Protection Measures for 4,135,622 DeLauro
PDM. Stratford Water Pollution Control
Facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Bonita Springs , FL.. City of Bonita Springs....... City of Bonita Springs Water 5,000,000 Donalds
PDM. Acquisition.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Houston, TX.......... Harris County Flood Control Poor Farm Ditch Conveyance 9,886,000 Fletcher
PDM. District. Improvements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Houston, TX.......... City of Southside Place...... Auden Street Drainage Improvement. 741,450 Fletcher
PDM.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Sierra Blanca, TX.... Hudspeth County.............. Hudspeth County Flood Mitigation 375,000 Gonzales, Tony
PDM. Planning Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Houston, TX.......... Harris County Flood Control Channel Conveyance Improvements to 9,886,000 Green (TX)
PDM. District. C147-00-00.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Burgin, KY........... City of Burgin............... Burgin Pre-Disaster Mitigation 562,500 Guthrie
PDM. Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Lebanon Junction, KY. City of Lebanon Junction..... Lebanon Junction Pre-Disaster 675,000 Guthrie
PDM. Mitigation Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Cedar Rapids, IA..... The City of Cedar Rapids..... 5th Avenue Gatewell and Pump 1,725,000 Hinson
PDM. Station Flood Mitigation Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Seattle, WA.......... City of Seattle, Seattle Seattle Center Shelter Facilities 3,558,960 Jayapal
PDM. Center Department. Sustainable Emergency Power.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Williamsport, PA..... City of Williamsport......... The Greater Williamsport Flood 8,000,000 Keller
PDM. Control Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Aberdeen, WA......... City of Aberdeen............. Aberdeen-Hoquiam Flood Protection 4,943,000 Kilmer
PDM. Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Weymouth, MA......... Town of Weymouth............. Wessagusset Beach Project......... 4,906,059 Lynch
PDM.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Hull, MA............. Town of Hull................. Nantasket Ave Seawall Replacement. 4,943,000 Lynch
PDM.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Hillsborough, NJ..... Township of Hillsborough..... Green Hills Development Swale 320,482 Malinowski
PDM. Improvements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Sacramento, CA....... City of Sacramento........... Pannell Community Center 1,977,200 Matsui
PDM. Resilience Hub.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Oakley, CA........... Diablo Water District........ Water Reservoir Seismic Retrofit.. 1,482,900 McNerney
PDM.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Bloomsburg, PA....... Columbia County.............. Flood Control Projects for 1,725,000 Meuser
PDM. Columbia County.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Davenport, IA........ City of Davenport............ Flood Mitigation at River Drive 1,265,625 Miller-Meeks
PDM. and Marquette Street.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Estes Park, CO....... Town of Estes Park........... Town of Estes Park Wildfire 785,937 Neguse
PDM. Mitigation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Palos Hills, IL...... City of Palos Hills.......... Roberts Road Drainage Improvements 3,558,960 Newman
PDM.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Flagstaff, AZ........ City of Flagstaff............ Museum Post-Fire Flood Mitigation, 1,482,900 O'Halleran
PDM. Property Acquisitions.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Taylor , AZ.......... Silver Creek Flood Control Millet Swale...................... 2,224,350 O'Halleran
PDM. District.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Atlantic Highlands, Borough of Atlantic Highlands Atlantic Highlands Municipal 2,113,133 Pallone
PDM. NJ. Harbor Bulkhead Repairs.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Towson, MD........... Baltimore County Executive's Pre-Disaster Mitigation in Turner 1,482,900 Ruppersberger
PDM. Office. Station.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Norwalk , CA......... City of Norwalk.............. Emergency Generators for Community 976,962 Sanchez
PDM. Resiliency.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Annapolis, MD........ City of Annapolis............ City Dock Resilience and 3,460,100 Sarbanes
PDM. Revitalization Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Prospect Heights, IL. City of Prospect Heights..... River Trails Stormwater Project... 2,417,127 Schakowsky
PDM.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Clanton, AL.......... Alabama Emergency Management Hale County Storm Shelters........ 511,601 Sewell
PDM. Agency.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Belmont, CA.......... City of Belmont.............. Cities of Belmont and San Bruno 494,300 Speier
PDM. Wildfire Prevention Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Los Altos, CA........ Midpeninsula Regional Open Midpeninsula Open Space Wildland 741,450 Speier
PDM. Space District. Fire Resiliency Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Foster City, CA...... City of Foster City.......... Levee Protection Planning and 988,600 Speier
PDM. Improvements Project (CIP 301-
657).
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Woodside, CA......... San Mateo County............. Filoli Wildfire Mitigation Project 494,300 Speier
PDM.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Wayne, MI............ Wayne County................. Rehabilitation and Upgrade of Pump 741,450 Tlaib
PDM. Station 182.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- North Wildwood NJ, NJ City of North Wildwood....... North Wildwood Sea Wall........... 10,000,000 Van Drew
PDM.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- New Brunswick, NJ.... County of Middlesex.......... Southern Middlesex County Flood 1,112,175 Watson Coleman
PDM. Mitigation and Resilience Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Galveston, TX........ City of Galveston............ Galveston 59th Street Water 10,000,000 Weber (TX)
PDM. Storage Tank.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Galveston, TX........ City of Galveston............ Galveston Causeway Waterline 10,000,000 Weber (TX)
PDM. Project.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Port Jefferson, NY... Village of Port Jefferson.... East Beach Stabilization.......... 3,750,000 Zeldin
PDM.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
CONSOLIDATED APPROPRIATIONS ACT, 2019
(Public Law 116-6)
* * * * * * *
DIVISION A--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2019
* * * * * * *
Sec. 225. (a) Subject to the provisions of this section, the
Administrator of the Transportation Security Administration
(hereafter in this section referred to as ``the
Administrator'') may conduct a pilot program to provide
screening services outside of an existing primary passenger
terminal screening area where screening services are currently
provided or would be eligible to be provided under the
Transportation Security Administration's annually appropriated
passenger screening program as a primary passenger terminal
screening area.
(b) Any request for screening services under subsection (a)
shall be initiated only at the request of a public or private
entity regulated by the Transportation Security Administration;
shall be made in writing to the Administrator; and may only be
submitted to the Transportation Security Administration after
consultation with the relevant local airport authority.
(c) The Administrator may provide the requested screening
services under subsection (a) if the Administrator provides a
certification to the Committee on Homeland Security and the
Committee on Appropriations of the House of Representatives,
and the Committee on Commerce, Science, and Transportation and
the Committee on Appropriations of the Senate that
implementation of subsection (a) does not reduce the security
or efficiency of screening services already provided in primary
passenger terminals at any impacted airports.
(d) No screening services may be provided under subsection
(a) unless the requesting entity agrees in writing to the scope
of the screening services to be provided, and agrees to
compensate the Transportation Security Administration for all
reasonable personnel and non-personnel costs, including
overtime, of providing the screening services.
(e) The authority available under this section is effective
for fiscal years 2019 through [2023] 2025 and may be utilized
at not more than eight locations for transportation security
purposes.
(f) Notwithstanding any other provision of law, an airport
authority, air carrier, or other requesting entity shall not be
liable for any claims for damages filed in State or Federal
court (including a claim for compensatory, punitive,
contributory, or indemnity damages) relating to--
(1) an airport authority's or other entity's decision
to request that the Transportation Security
Administration provide passenger screening services
outside of a primary passenger terminal screening area;
or
(2) any act of negligence, gross negligence, or
intentional wrongdoing by employees of the
Transportation Security Administration providing
passenger and property security screening services at a
pilot program screening location.
(g) Notwithstanding any other provision of law, any
compensation received by the Transportation Security
Administration under subsection (d) shall be credited to the
account used to finance the provision of reimbursable security
screening services under subsection (a).
(h) The Administrator shall submit to the Committee on
Homeland Security and the Committee on Appropriations of the
House of Representatives, and the Committee on Commerce,
Science, and Transportation and the Committee on Appropriations
of the Senate--
(1) an implementation plan for the pilot programs
under subsection (a), including the application
process, that is due by 90 days after the date of
enactment of this Act;
(2) an evaluation plan for the pilot programs; and
(3) annual performance reports, by not later than 60
days after the end of each fiscal year in which the
pilot programs are in operation, including--
(A) the amount of reimbursement received by
the Transportation Security Administration from
each entity in the pilot program for the
preceding fiscal year, delineated by personnel
and non-personnel costs;
(B) an analysis of the results of the pilot
programs corresponding to the evaluation plan
required under paragraph (2);
(C) any Transportation Security
Administration staffing changes created at the
primary passenger screening checkpoints and
baggage screening as a result of the pilot
program; and
(D) any other unintended consequences created
by the pilot program.
(i) Except as otherwise provided in this section, nothing in
this section may be construed as affecting in any manner the
responsibilities, duties, or authorities of the Transportation
Security Administration.
(j) For the purposes of this section, the term ``airport''
means a commercial service airport as defined by section
47107(7) of title 49 United States Code.
(k) For the purposes of this section, the term ``screening
services'' means the screening of passengers, flight crews, and
their carry-on baggage and personal articles, and may include
checked baggage screening if that type of screening is
performed at an offsite location that is not part of a
passenger terminal of a commercial airport.
(l) For the purpose of this section, the term ``primary
passenger terminal screening area'' means the security
checkpoints relied upon by airports as the principal points of
entry to a sterile area of an airport.
----------
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE II--IMMIGRATION
Chapter 1--Selection System
* * * * * * *
Sec. 201. (a) In General.--Exclusive of aliens described in
subsection (b), aliens born in a foreign state or dependent
area who may be issued immigrant visas or who may otherwise
acquire the status of an alien lawfully admitted to the United
States for permanent residence are limited to--
(1) family-sponsored immigrants described in section
203(a) (or who are admitted under section 211(a) on the
basis of a prior issuance of a visa to their
accompanying parent under section 203(a)) in a number
not to exceed in any fiscal year the number specified
in subsection (c) for that year, and not to exceed in
any of the first 3 quarters of any fiscal year 27
percent of the worldwide level under such subsection
for all of such fiscal year;
(2) employment-based immigrants described in section
203(b) (or who are admitted under section 211(a) on the
basis of a prior issuance of a visa to their
accompanying parent under section 203(b)), in a number
not to exceed in any fiscal year the number specified
in subsection (d) for that year, and not to exceed in
any of the first 3 quarters of any fiscal year 27
percent of the worldwide level under such subsection
for all of such fiscal year; and
(3) for fiscal years beginning with fiscal year 1995,
diversity immigrants described in section 203(c) (or
who are admitted under section 211(a) on the basis of a
prior issuance of a visa to their accompanying parent
under section 203(c)) in a number not to exceed in any
fiscal year the number specified in subsection (e) for
that year, and not to exceed in any of the first 3
quarters of any fiscal year 27 percent of the worldwide
level under such subsection for all of such fiscal
year.
(b) Aliens Not Subject to Direct Numerical Limitations.--
Aliens described in this subsection, who are not subject to the
worldwide levels or numerical limitations of subsection (a),
are as follows:
(1)(A) Special immigrants described in subparagraph
(A) or (B) of section 101(a)(27).
(B) Aliens who are admitted under section 207 or
whose status is adjusted under section 209.
(C) Aliens whose status is adjusted to permanent
residence under section 210 or 245A.
(D) Aliens whose removal is cancelled under section
240A(a).
(E) Aliens provided permanent resident status under
section 249.
(2)(A)(i) Immediate relatives.--For purposes of this
subsection, the term ``immediate relatives'' means the
children, spouses, and parents of a citizen of the
United States, except that, in the case of parents,
such citizens shall be at least 21 years of age. In the
case of an alien who was the spouse of a citizen of the
United States and was not legally separated from the
citizen at the time of the citizen's death, the alien
(and each child of the alien) shall be considered, for
purposes of this subsection, to remain an immediate
relative after the date of the citizen's death but only
if the spouse files a petition under section
204(a)(1)(A)(ii) within 2 years after such date and
only until the date the spouse remarries. For purposes
of this clause, an alien who has filed a petition under
clause (iii) or (iv) of section 204(a)(1)(A) of this
Act remains an immediate relative in the event that the
United States citizen spouse or parent loses United
States citizenship on account of the abuse.
(ii) Aliens admitted under section 211(a) on the
basis of a prior issuance of a visa to their
accompanying parent who is such an immediate relative.
(B) Aliens born to an alien lawfully admitted for
permanent residence during a temporary visit abroad.
[(c) Worldwide Level of Family-Sponsored Immigrants.--(1)(A)
The worldwide level of family-sponsored immigrants under this
subsection for a fiscal year is, subject to subparagraph (B),
equal to--
[(i) 480,000, minus
[(ii) the sum of the number computed under paragraph
(2) and the number computed under paragraph (4), plus
[(iii) the number (if any) computed under paragraph
(3).
[(B)(i) For each of fiscal years 1992, 1993, and 1994,
465,000 shall be substituted for 480,000 in subparagraph
(A)(i).
[(ii) In no case shall the number computed under subparagraph
(A) be less than 226,000.
[(2) The number computed under this paragraph for a fiscal
year is the sum of the number of aliens described in
subparagraphs (A) and (B) of subsection (b)(2) who were issued
immigrant visas or who otherwise acquired the status of aliens
lawfully admitted to the United States for permanent residence
in the previous fiscal year.
[(3)(A) The number computed under this paragraph for fiscal
year 1992 is zero.
[(B) The number computed under this paragraph for fiscal year
1993 is the difference (if any) between the worldwide level
established under paragraph (1) for the previous fiscal year
and the number of visas issued under section 203(a) during that
fiscal year.
[(C) The number computed under this paragraph for a
subsequent fiscal year is the difference (if any) between the
maximum number of visas which may be issued under section
203(b) (relating to employment-based immigrants) during the
previous fiscal year and the number of visas issued under that
section during that year.
[(4) The number computed under this paragraph for a fiscal
year (beginning with fiscal year 1999) is the number of aliens
who were paroled into the United States under section 212(d)(5)
in the second preceding fiscal year--
[(A) who did not depart from the United States
(without advance parole) within 365 days; and
[(B) who (i) did not acquire the status of aliens
lawfully admitted to the United States for permanent
residence in the two preceding fiscal years, or (ii)
acquired such status in such years under a provision of
law (other than section 201(b)) which exempts such
adjustment from the numerical limitation on the
worldwide level of immigration under this section.
[(5) If any alien described in paragraph (4) (other than an
alien described in paragraph (4)(B)(ii)) is subsequently
admitted as an alien lawfully admitted for permanent residence,
such alien shall not again be considered for purposes of
paragraph (1).
[(d) Worldwide Level of Employment-Based Immigrants.--(1) The
worldwide level of employment-based immigrants under this
subsection for a fiscal year is equal to--
[(A) 140,000, plus
[(B) the number computed under paragraph (2).
[(2)(A) The number computed under this paragraph for fiscal
year 1992 is zero.
[(B) The number computed under this paragraph for fiscal year
1993 is the difference (if any) between the worldwide level
established under paragraph (1) for the previous fiscal year
and the number of visas issued under section 203(b) during that
fiscal year.
[(C) The number computed under this paragraph for a
subsequent fiscal year is the difference (if any) between the
maximum number of visas which may be issued under section
203(a) (relating to family-sponsored immigrants) during the
previous fiscal year and the number of visas issued under that
section during that year.]
(c) Worldwide Level of Family-Sponsored Immigrants.--The
worldwide level of family-sponsored immigrants under this
subsection for a fiscal year is equal to--
(1) 226,000, plus
(2) the difference (if any) between the maximum
number of visas which may be issued under section
203(a) (relating to family-sponsored immigrants) during
the previous fiscal year and the number of aliens who
were issued immigrant visas or who otherwise acquired
the status of aliens lawfully admitted to the United
States for permanent residence under that section
during that year.
(d) Worldwide Level of Employment-Based Immigrants.--The
worldwide level of employment-based immigrants under this
subsection for a fiscal year is equal to--
(1) 140,000, plus
(2) the difference (if any) between the maximum
number of visas which may be issued under section
203(b) (relating to employment-based immigrants) during
the previous fiscal year and the number of aliens who
were issued immigrant visas or who otherwise acquired
the status of aliens lawfully admitted to the United
States for permanent residence under that section
during that year.
(e) Worldwide Level of Diversity Immigrants.--The worldwide
level of diversity immigrants is equal to 55,000 for each
fiscal year.
(f) Rules for Determining Whether Certain Aliens Are
Immediate Relatives.--
(1) Age on petition filing date.--Except as provided
in paragraphs (2) and (3), for purposes of subsection
(b)(2)(A)(i), a determination of whether an alien
satisfies the age requirement in the matter preceding
subparagraph (A) of section 101(b)(1) shall be made
using the age of the alien on the date on which the
petition is filed with the Attorney General under
section 204 to classify the alien as an immediate
relative under subsection (b)(2)(A)(i).
(2) Age on parent's naturalization date.--In the case
of a petition under section 204 initially filed for an
alien child's classification as a family-sponsored
immigrant under section 203(a)(2)(A), based on the
child's parent being lawfully admitted for permanent
residence, if the petition is later converted, due to
the naturalization of the parent, to a petition to
classify the alien as an immediate relative under
subsection (b)(2)(A)(i), the determination described in
paragraph (1) shall be made using the age of the alien
on the date of the parent's naturalization.
(3) Age on marriage termination date.--In the case of
a petition under section 204 initially filed for an
alien's classification as a family-sponsored immigrant
under section 203(a)(3), based on the alien's being a
married son or daughter of a citizen, if the petition
is later converted, due to the legal termination of the
alien's marriage, to a petition to classify the alien
as an immediate relative under subsection (b)(2)(A)(i)
or as an unmarried son or daughter of a citizen under
section 203(a)(1), the determination described in
paragraph (1) shall be made using the age of the alien
on the date of the termination of the marriage.
(4) Application to self-petitions.--Paragraphs (1)
through (3) shall apply to self-petitioners and
derivatives of self-petitioners.
* * * * * * *
----------
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
* * * * * * *
TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE
* * * * * * *
SEC. 205. GRANTS TO ENTITIES FOR ESTABLISHMENT OF HAZARD MITIGATION
REVOLVING LOAN FUNDS.
(a) General Authority.--
(1) In general.--The Administrator may enter into
agreements with eligible entities to make
capitalization grants to such entities for the
establishment of hazard mitigation revolving loan funds
(referred to in this section as ``entity loan funds'')
for providing funding assistance to local governments
to carry out eligible projects under this section to
reduce disaster risks for homeowners, businesses,
nonprofit organizations, and communities in order to
decrease--
(A) the loss of life and property;
(B) the cost of insurance; and
(C) Federal disaster payments.
(2) Agreements.--Any agreement entered into under
this section shall require the participating entity
to--
(A) comply with the requirements of this
section; and
(B) use accounting, audit, and fiscal
procedures conforming to generally accepted
accounting standards.
(b) Application.--
(1) In general.--To be eligible to receive a
capitalization grant under this section, an eligible
entity shall submit to the Administrator an application
that includes the following:
(A) Project proposals comprised of local
government hazard mitigation projects, on the
condition that the entity provides public
notice not less than 6 weeks prior to the
submission of an application.
(B) An assessment of recurring major disaster
vulnerabilities impacting the entity that
demonstrates a risk to life and property.
(C) A description of how the hazard
mitigation plan of the entity has or has not
taken the vulnerabilities described in
subparagraph (B) into account.
(D) A description about how the projects
described in subparagraph (A) could conform
with the hazard mitigation plan of the entity
and of the unit of local government.
(E) A proposal of the systematic and regional
approach to achieve resilience in a vulnerable
area, including impacts to river basins, river
corridors, watersheds, estuaries, bays, coastal
regions, micro-basins, micro-watersheds,
ecosystems, and areas at risk of earthquakes,
tsunamis, droughts, severe storms, and
wildfires, including the wildland-urban
interface.
(2) Technical assistance.--The Administrator shall
provide technical assistance to eligible entities for
applications under this section.
(c) Entity Loan Fund.--
(1) Establishment of fund.--An entity that receives a
capitalization grant under this section shall establish
an entity loan fund that complies with the requirements
of this subsection.
(2) Fund management.--Except as provided in paragraph
(3), entity loan funds shall--
(A) be administered by the agency responsible
for emergency management; and
(B) include only--
(i) funds provided by a
capitalization grant under this
section;
(ii) repayments of loans under this
section to the entity loan fund; and
(iii) interest earned on amounts in
the entity loan fund.
(3) Administration.--A participating entity may
combine the financial administration of the entity loan
fund of such entity with the financial administration
of any other revolving fund established by such entity
if the Administrator determines that--
(A) the capitalization grant, entity share,
repayments of loans, and interest earned on
amounts in the entity loan fund are accounted
for separately from other amounts in the
revolving fund; and
(B) the authority to establish assistance
priorities and carry out oversight activities
remains in the control of the entity agency
responsible for emergency management.
(4) Entity share of funds.--
(A) In general.--On or before the date on
which a participating entity receives a
capitalization grant under this section, the
entity shall deposit into the entity loan fund
of such entity, an amount equal to not less
than 10 percent of the amount of the
capitalization grant.
(B) Reduced grant.--If, with respect to a
capitalization grant under this section, a
participating entity deposits in the entity
loan fund of the entity an amount that is less
than 10 percent of the total amount of the
capitalization grant that the participating
entity would otherwise receive, the
Administrator shall reduce the amount of the
capitalization grant received by the entity to
the amount that is 10 times the amount so
deposited.
(d) Apportionment.--
(1) In general.--Except as otherwise provided by this
subsection, the Administrator shall apportion funds
made available to carry out this section to entities
that have entered into an agreement under subsection
(a)(2) in amounts as determined by the Administrator.
(2) Reservation of funds.--The Administrator shall
reserve not more than 2.5 percent of the amount made
available to carry out this section for the Federal
Emergency Management Agency for--
(A) administrative costs incurred in carrying
out this section; and
(B) providing technical assistance to
participating entities under subsection
(b)(2)[; and].
[(C) capitalization grants to insular areas
under paragraph (4). ]
(3) Priority.--In the apportionment of capitalization
grants under this subsection, the Administrator shall
give priority to entity applications under subsection
(b) that--
(A) propose projects increasing resilience
and reducing risk of harm to natural and built
infrastructure;
(B) involve a partnership between two or more
eligible entities to carry out a project or
similar projects;
(C) take into account regional impacts of
hazards on river basins, river corridors,
micro-watersheds, macro-watersheds, estuaries,
lakes, bays, and coastal regions and areas at
risk of earthquakes, tsunamis, droughts, severe
storms, and wildfires, including the wildland-
urban interface; or
(D) propose projects for the resilience of
major economic sectors or critical national
infrastructure, including ports, global
commodity supply chain assets (located within
an entity or within the jurisdiction of [local
governments, insular areas, and Indian tribal
governments] local governments and Tribal
governments), power and water production and
distribution centers, and bridges and waterways
essential to interstate commerce.
[(4) Insular areas.--
[(A) Apportionment.--From any amount
remaining of funds reserved under paragraph
(2), the Administrator may enter into
agreements to provide capitalization grants to
insular areas.
[(B) Requirements.--An insular area receiving
a capitalization grant under this section shall
comply with the requirements of this section as
applied to participating entities.]
(e) Environmental Review of Revolving Loan Fund Projects.--
The Administrator may delegate to a participating entity all of
the responsibilities for environmental review, decision making,
and action pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), and other applicable Federal
environmental laws including the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) and the National Historic Preservation
Act of 1966 (54 U.S.C. 300101 et seq.) that would apply to the
Administrator were the Administrator to undertake projects
under this section as Federal projects so long as the
participating entity carries out such responsibilities in the
same manner and subject to the same requirements as if the
Administrator carried out such responsibilities.
(f) Use of Funds.--
(1) Types of assistance.--Amounts deposited in an
entity loan fund, including loan repayments and
interest earned on such amounts, may be used--
(A) to make loans, on the condition that--
(i) such loans are made at an
interest rate of not more than 1
percent;
(ii) annual principal and interest
payments will commence not later than 1
year after completion of any project
and all loans made under this
subparagraph will be fully amortized--
(I) not later than 20 years
after the date on which the
project is completed; or
(II) for projects in a low-
income geographic area, not
later than 30 years after the
date on which the project is
completed and not longer than
the expected design life of the
project;
(iii) the loan recipient of a loan
under this subparagraph establishes a
dedicated source of revenue for
repayment of the loan;
(iv) the loan recipient of a loan
under this subparagraph has a hazard
mitigation plan that has been approved
by the Administrator; and
(v) the entity loan fund will be
credited with all payments of principal
and interest on all loans made under
this subparagraph;
(B) for mitigation efforts, in addition to
mitigation planning under section 322 not to
exceed 10 percent of the capitalization grants
made to the participating entity in a fiscal
year;
(C) for the reasonable costs of administering
the fund and conducting activities under this
section, except that such amounts shall not
exceed $100,000 per year, 2 percent of the
capitalization grants made to the participating
entity in a fiscal year, or 1 percent of the
value of the entity loan fund, whichever amount
is greatest, plus the amount of any fees
collected by the entity for such purpose
regardless of the source; and
(D) to earn interest on the entity loan fund.
(2) Prohibition on determination that loan is a
duplication.--In carrying out this section, the
Administrator may not determine that a loan is a
duplication of assistance or programs under this Act.
(3) Projects and activities eligible for
assistance.--Except as provided in this subsection, a
participating entity may use funds in the entity loan
fund to provide financial assistance for projects or
activities that mitigate the impacts of natural hazards
including--
(A) drought and prolonged episodes of intense
heat;
(B) severe storms, including hurricanes,
tornados, wind storms, cyclones, and severe
winter storms;
(C) wildfires;
(D) earthquakes;
(E) flooding, including the construction,
repair, or replacement of a non-Federal levee
or other flood control structure, provided that
the Administrator, in consultation with the
Army Corps of Engineers (if appropriate),
requires an eligible entity to determine that
such levee or structure is designed,
constructed, and maintained in accordance with
sound engineering practices and standards
equivalent to the purpose for which such levee
or structure is intended;
(F) shoreline erosion;
(G) high water levels; and
(H) storm surges.
(4) Zoning and land use planning changes.--A
participating entity may use not more than 10 percent
of a capitalization grant under this section to enable
units of local government to implement zoning and land
use planning changes focused on--
(A) the development and improvement of zoning
and land use codes that incentivize and
encourage low-impact development, resilient
wildland-urban interface land management and
development, natural infrastructure, green
stormwater management, conservation areas
adjacent to floodplains, implementation of
watershed or greenway master plans, and
reconnection of floodplains;
(B) the study and creation of agricultural
risk compensation districts where there is a
desire to remove or set-back levees protecting
highly developed agricultural land to mitigate
for flooding, allowing agricultural producers
to receive compensation for assuming greater
flood risk that would alleviate flood exposure
to population centers and areas with critical
national infrastructure;
(C) the study and creation of land use
incentives that reward developers for greater
reliance on low impact development stormwater
best management practices, exchange density
increases for increased open space and
improvement of neighborhood catch basins to
mitigate urban flooding, reward developers for
including and augmenting natural infrastructure
adjacent to and around building projects
without reliance on increased sprawl, and
reward developers for addressing wildfire
ignition; and
(D) the study and creation of an erosion
response plan that accommodates river, lake,
forest, plains, and ocean shoreline retreating
or bluff stabilization due to increased
flooding and disaster impacts.
(5) Establishing and carrying out building code
enforcement.--A participating entity may use
capitalization grants under this section to enable
units of local government to establish and carry out
the latest published editions of relevant building
codes, specifications, and standards for the purpose of
protecting the health, safety, and general welfare of
the building's users against disasters and natural
hazards.
(6) Administrative and technical costs.--For each
fiscal year, a participating entity may use the amount
described in paragraph (1)(C) to--
(A) pay the reasonable costs of administering
the programs under this section, including the
cost of establishing an entity loan fund; and
(B) provide technical assistance to
recipients of financial assistance from the
entity loan fund, on the condition that such
technical assistance does not exceed 5 percent
of the capitalization grant made to such
entity.
(7) Limitation for single projects.--A participating
entity may not provide an amount equal to or more than
$5,000,000 to a single hazard mitigation project.
(8) Requirements.--For fiscal year 2022 and each
fiscal year thereafter, the requirements of subchapter
IV of chapter 31 of title 40, United States Code, shall
apply to the construction of projects carried out in
whole or in part with assistance made available by an
entity loan fund authorized by this section.
(g) Intended Use Plans.--
(1) In general.--After providing for public comment
and review, and consultation with appropriate
government agencies of the State or Indian tribal
government, Federal agencies, and interest groups, each
participating entity shall annually prepare and submit
to the Administrator a plan identifying the intended
uses of the entity loan fund.
(2) Contents of plan.--An entity intended use plan
prepared under paragraph (1) shall include--
(A) the integration of entity planning
efforts, including entity hazard mitigation
plans and other programs and initiatives
relating to mitigation of major disasters
carried out by such entity;
(B) an explanation of the mitigation and
resiliency benefits the entity intends to
achieve by--
(i) reducing future damage and loss
associated with hazards;
(ii) reducing the number of severe
repetitive loss structures and
repetitive loss structures in the
entity;
(iii) decreasing the number of
insurance claims in the entity from
injuries resulting from major disasters
or other natural hazards; and
(iv) increasing the rating under the
community rating system under section
1315(b) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4022(b)) for
communities in the entity;
(C) information on the availability of, and
application process for, financial assistance
from the entity loan fund of such entity;
(D) the criteria and methods established for
the distribution of funds;
(E) the amount of financial assistance that
the entity anticipates apportioning;
(F) the expected terms of the assistance
provided from the entity loan fund; and
(G) a description of the financial status of
the entity loan fund, including short-term and
long-term goals for the fund.
(h) Audits, Reports, Publications, and Oversight.--
(1) Biennial entity audit and report.--Beginning not
later than the last day of the second fiscal year after
the receipt of payments under this section, and
biennially thereafter, any participating entity shall--
(A) conduct an audit of the entity loan fund
established under subsection (c); and
(B) provide to the Administrator a report
including--
(i) the result of any such audit; and
(ii) a review of the effectiveness of
the entity loan fund of the entity with
respect to meeting the goals and
intended benefits described in the
intended use plan submitted by the
entity under subsection (g).
(2) Publication.--A participating entity shall
publish and periodically update information about all
projects receiving funding from the entity loan fund of
such entity, including--
(A) the location of the project;
(B) the type and amount of assistance
provided from the entity loan fund;
(C) the expected funding schedule; and
(D) the anticipated date of completion of the
project.
(3) Oversight.--
(A) In general.--The Administrator shall, at
least every 4 years, conduct reviews and audits
as may be determined necessary or appropriate
by the Administrator to carry out the
objectives of this section and determine the
effectiveness of the fund in reducing natural
hazard risk.
(B) GAO requirements.--A participating entity
shall conduct audits under paragraph (1) in
accordance with the auditing procedures of the
Government Accountability Office, including
generally accepted government auditing
standards.
(C) Recommendations by administrator.--The
Administrator may at any time make
recommendations for or require specific changes
to an entity loan fund in order to improve the
effectiveness of the fund.
(i) Regulations or Guidance.--The Administrator shall issue
such regulations or guidance as are necessary to--
(1) ensure that each participating entity uses funds
as efficiently as possible;
(2) reduce waste, fraud, and abuse to the maximum
extent possible; and
(3) require any party that receives funds directly or
indirectly under this section, including a
participating entity and a recipient of amounts from an
entity loan fund, to use procedures with respect to the
management of the funds that conform to generally
accepted accounting standards.
(j) Waiver Authority.--Until such time as the Administrator
issues final regulations to implement this section, the
Administrator may--
(1) waive notice and comment rulemaking, if the
Administrator determines the waiver is necessary to
expeditiously implement this section; and
(2) provide capitalization grants under this section
as a pilot program.
(k) Liability Protections.--The Agency shall not be liable
for any claim based on the exercise or performance of, or the
failure to exercise or perform, a discretionary function or
duty by the Agency, or an employee of the Agency in carrying
out this section.
(l) GAO Report.--Not later than 1 year after the date on
which the first entity loan fund is established under
subsection (c), the Comptroller General of the United States
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that examines--
(1) the appropriateness of regulations and guidance
issued by the Administrator for the program, including
any oversight of the program;
(2) a description of the number of the entity loan
funds established, the projects funded from such entity
loan funds, and the extent to which projects funded by
the loan funds adhere to any applicable hazard
mitigation plans;
(3) the effectiveness of the entity loan funds to
lower disaster related costs; and
(4) recommendations for improving the administration
of entity loan funds.
(m) Definitions.--In this section, the following definitions
apply:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Federal Emergency Management
Agency.
(2) Agency.--The term ``Agency'' means the Federal
Emergency Management Agency.
[(3) Eligible entity.--The term ``eligible entity''
means--
[(A) a State; or
[(B) an Indian tribal government that has
received a major disaster declaration during
the 5-year period ending on the date of
enactment of the STORM Act.]
(3) Eligible entity.--The term ``eligible entity''
means a State or an Indian tribal government that has
received a major disaster declaration pursuant to
section 401.
(4) Hazard mitigation plan.--The term ``hazard
mitigation plan'' means a mitigation plan submitted
under section 322.
[(5) Insular area.--The term ``insular area'' means
Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and the United States Virgin Islands.]
[(6)] (5) Low-income geographic area.--The term
``low-income geographic area'' means an area described
in paragraph (1) or (2) of section 301(a) of the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3161(a)).
[(7)] (6) Participating entity.--The term
``participating entity'' means an eligible entity that
has entered into an agreement under this section.
[(8)] (7) Repetitive loss structure.--The term
``repetitive loss structure'' has the meaning given the
term in section 1370 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4121).
[(9)] (8) Severe repetitive loss structure.--The term
``severe repetitive loss structure'' has the meaning
given the term in section 1366(h) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c(h)).
[(10) State.--The term ``State'' means any State of
the United States, the District of Columbia, and Puerto
Rico.]
[(11)] (9) Wildland-urban interface.--The term
``wildland-urban interface'' has the meaning given the
term in section 101 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6511).
(n) Authorization of Appropriations.--There are authorized to
be appropriated $100,000,000 for each of fiscal years 2022
through 2023 to carry out this section.
* * * * * * *
Compliance With Rule XIII, Clause 3(f)(1) (Changes in the Application
of Existing Law)
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the Committee has inserted at the
appropriate place in the report a description of the effects of
provisions proposed in the accompanying bill which may be
considered, under certain circumstances, to change the
application of existing law, either directly or indirectly.
In some instances, the bill provides funding for agencies
and activities for which legislation has not yet been
finalized. In addition, the bill in some instances carries
language permitting the use of funds for activities not
authorized by law. Additionally, the Committee includes a
number of administrative and general provisions.
TITLE I--DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS,
AND OVERSIGHT
Office of the Secretary and Executive Management
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the
operations and support of the Office of the Secretary and for
the executive management offices, including funds for an
Ombudsman for Immigration Detention and for official reception
and representation expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds, with
availability for five years, for procurement, construction, and
improvements.
FEDERAL ASSISTANCE
The Committee includes language providing funds, with
availability for two years, for federal assistance, and directs
the transfer of such funds to ``FEMA--Federal Assistance''.
Management Directorate
OPERATIONS AND SUPPORT
The Committee includes language providing funds, with
availability for two years for certain funds, for operations
and support, including funds for official reception and
representation expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds, with
availability for three or five years, for procurement,
construction, and improvements.
FEDERAL PROTECTIVE SERVICE
The Committee includes language making funds available
until expended for the operations of the Federal Protective
Service.
Intelligence, Analysis, and Situational Awareness
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the
Office of Intelligence and Analysis and the Office of
Situational Awareness, including funding for official reception
and representation expenses and funds for facility needs
associated with secure space at fusion centers. The Committee
provides two-year availability of funds for certain activities.
Office of Inspector General
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the
Office of Inspector General, including certain confidential
operational expenses such as the payment of informants.
Administrative Provisions
Language requiring a report on grants or contracts awarded
by means other than full and open competition and requiring the
Inspector General to review such grants or contracts and report
the results to the Committees.
Language requiring the Chief Financial Officer to submit
monthly budget and staffing reports.
Language requiring the Secretary to link all contracts that
provide award fees to successful acquisition outcomes.
Language requiring the Secretary to notify the Committees
of any proposed transfers from the Department of Treasury
Forfeiture Fund to any DHS component.
Language related to official costs of the Secretary and
Deputy Secretary for official travel.
Language requiring the Under Secretary for Management to
report on certain acquisition programs.
Language requiring certain documentation for pilot and
demonstration programs; prohibiting the use of Operations and
Support funds for any new pilot or demonstration program unless
the Under Secretary for Management provides a related report to
the Committee; and requiring the Under Secretary to report on
the results of pilots upon their completion.
Language providing for the transfer of certain funds to the
Office of Inspector General.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
OPERATIONS AND SUPPORT
(INCLUDING TRANSFER OF FUNDS)
The Committee includes language making funds available for
operations and support, including funds for the transportation
of unaccompanied minor aliens; air and marine assistance to
other law enforcement agencies and humanitarian efforts;
purchase or lease of vehicles; maintenance, and procurement of
marine vessels, aircraft, and unmanned aircraft systems;
contracting with individuals for personal services abroad;
Harbor Maintenance Fee collections; customs officers; official
reception and representation expenses; Customs User Fee
collections; payment of rental space in connection with
preclearance operations; and compensation of informants.
Provides the authority to transfer funds to the Bureau of
Indian Affairs and the United States Fish and Wildlife Service
and withholds funds pending the submission of a report. The
Committee provides two-year availability of funds for certain
activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements, to include
procurements to buy, maintain, or operate aircraft and unmanned
aircraft systems. The Committee provides three-year and five-
year availability of funds for these activities.
U.S. Immigration and Customs Enforcement
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including funds for official reception
and representation expenses, overseas vetted units, and the
operation and maintenance necessary to sustain the daily
effectiveness of equipment and facilities. The Committee
includes language making funds available for special
operations; compensation to informants; the reimbursement of
other federal agencies for certain costs; the reimbursement of
certain costs associated with Federal, State, local, tribal and
territorial law enforcement participation on border enforcement
security taskforces; the purchase or lease of vehicles;
maintenance, minor construction, and minor improvements of
owned and leased facilities; the enforcement of child labor
laws; paid apprenticeships for the Human Exploitation Rescue
Operations Corps; and the investigation of intellectual
property rights violations. The Committee specifies a funding
level for enforcement and removal operations (ERO), including
the support of joint processing centers and transportation of
unaccompanied minor aliens. The Committee also includes
language reducing funds provided for Executive Leadership and
Oversight. The Committee provides no-year availability of funds
for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, renovation, and improvements to
include funds for facilities repair and maintenance projects.
The Committee provides three-year and five-year availability of
funds for these activities.
Transportation Security Administration
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including funds for official reception
and representation expenses, and establishes conditions under
which security fees are collected and credited. The Committee
provides two-year availability of funds for these activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three-year availability of funds for these activities.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides two-year
availability of funds for these activities.
Coast Guard
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the
operations and support of the Coast Guard, including funds for
official reception and representation expenses; passenger motor
vehicles; small boats; repairs and service life-replacements;
purchase, lease, or improvement of other equipment; special pay
allowances; recreation and welfare; environmental compliance
and restoration; and defense-related activities. The Committee
includes language authorizing funds to be derived from the Oil
Spill Liability Trust Fund. The Committee provides two-year,
three-year, and five-year availability of funds for certain
activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for the
procurement, construction, and improvements, including of aids
to navigation, shore facilities, vessels, and aircraft. The
Committee includes language authorizing funds to be derived
from the Oil Spill Liability Trust Fund. The Committee provides
five-year availability of funds for these purposes.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development, and for maintenance, rehabilitation,
lease, and operation of related facilities and equipment. The
Committee includes language authorizing funds to be derived
from the Oil Spill Liability Trust Fund, and authorizing funds
received from state and local governments, other public
authorities, private sources, and foreign countries to be
credited to this account and used for certain purposes. The
Committee provides three-year availability of funds for these
purposes.
RETIRED PAY
The Committee includes language providing funds for retired
pay and medical care for the Coast Guard's retired personnel
and their dependents and makes these funds available until
expended.
United States Secret Service
OPERATIONS AND SUPPORT
The Committee includes language that provides funds for
operations and support, to include funds for the purchase and
replacement of vehicles; hire of passenger motor vehicles and
aircraft; purchase of motorcycles; rental of certain buildings;
improvements to buildings as may be necessary for protective
missions; firearms matches; presentation of awards; behavioral
research; advance payment for commercial accommodations; per
diem and subsistence allowances; official reception and
representation expenses; grant activities related to missing
and exploited children investigations; premium pay, and
technical assistance and equipment provided to foreign law
enforcement organizations. The Committee provides for two-year
availability of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three-year availability of funds for these purposes.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides two-year
availability of funds for these purposes.
Administrative Provisions
Language regarding overtime compensation.
Language allowing CBP to sustain or increase operations in
Puerto Rico and the U. S. Virgin Island with appropriated
funds.
Language regarding the availability of fee revenue
collected from certain arriving passengers.
Language allowing CBP access to certain reimbursements for
preclearance activities.
Language regarding the importation of prescription drugs by
an individual for personal use.
Language regarding waivers of the Jones Act.
Language prohibiting DHS from establishing a border
crossing fee.
Language prohibiting the obligation of funds prior to the
submission of an expenditure plan for funds made available for
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements''.
Language prohibiting the construction of physical barriers
in certain areas.
Language allowing for the use of prior year funds for
certain activities.
Language allowing for the transfer of funds from prior year
appropriations to the Departments of Interior and Agriculture.
Language removing certain restrictions related to border
barrier construction.
Language prohibiting the use of funds provided under the
heading ``U.S. Immigration and Customs Enforcement--Operations
and Support'' for the 287(g) program if the terms of the
agreement governing the delegation of authority have been
materially violated.
Language prohibiting the use of funds provided under the
heading ``U.S. Immigration and Customs Enforcement--Operations
and Support'' to contract for detention services if the
facility receives less than ``adequate'' ratings in two
consecutive performance evaluations.
Language regarding the reprogramming of funds related to
detention.
Language that requires ICE to provide statistics about its
detention population.
Language related to information sharing between ICE and the
Office of Refugee Resettlement (ORR) that prohibits ICE from
using information for removal purposes if it was provided by as
part of a process of sponsoring an unaccompanied alien child or
reuniting a child with a family member or if it is based on
information gathered in therapy sessions for child while in the
care of ORR.
Language requiring ICE to provide information and
statistics about the 287(g) program.
Language requiring the ICE Director to provide monthly
budget execution briefings.
Language prohibiting Homeland Security Investigations from
engaging in certain immigration enforcement activities.
Language related to allowances for work performed by
individuals in custody.
Language clarifying that certain elected and appointed
officials are not exempt from federal passenger and baggage
screening.
Language directing the deployment of explosives detection
systems based on risk and other factors.
Language authorizing TSA to use funds from the Aviation
Security Capital Fund for the procurement and installation of
explosives detection systems or for other purposes authorized
by law.
Language requiring a report from TSA on capital
investments, technology investments, and integrated passenger
screening technology
Language extending the duration of a TSA pilot program on
screening outside a primary passenger terminal until 2025.
Language prohibiting funds made available by this Act under
the heading ``Coast Guard--Operations and Support'' for
recreational vessel inspection expenses, except to the extent
fees are collected from owners of yachts and credited to this
appropriation.
Language allowing up to $10,000,000 to be reprogrammed to
or from Military Personnel and between the Field Operations
funding subcategories within ``Coast Guard--Operations and
Support''.
Language requiring the Coast Guard to submit a future-years
capital investment plan.
Language allowing for the reprogramming of Coast Guard
operations and support funding certain overseas activities.
Language allowing for the use of the Coast Guard Housing
Fund.
Language related to towing inspection fees.
Language allowing the Secret Service to obligate funds in
anticipation of reimbursement for personnel receiving training.
Language prohibiting funds made available to the Secret
Service for the protection of the head of a federal agency
other than the Secretary of Homeland Security, except when the
Director has entered into a reimbursable agreement for such
protection services.
Language permitting flexibility in the reprogramming of
funds within ``United States Secret Service--Operations and
Support''.
Language allowing funds made available for ``United States
Secret Service--Operations and Support'' to be available for
travel of employees on protective missions without regard to
limitations on such expenditures in this or any other Act after
notification to the Committees on Appropriations.
Language concerning the release of removable aliens into
the United States.
Language related to the processing of aliens under
immigration law and the expulsion of migrants using title 42
authority.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including funds for official reception
and representation expenses. The Committee provides for two-
year availability of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three-year and five-year availability of funds for
these purposes.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides two-year
availability of funds for these purposes.
Federal Emergency Management Agency
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including funds for official reception
and representation expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three- and five-year availability of funds for these
purposes.
FEDERAL ASSISTANCE
The Committee includes language providing funds for grants,
contracts, cooperative agreements, and other activities,
including for terrorism prevention; nonprofits organizations,
public transportation, bus and railroad security; port
security; firefighter assistance; emergency management; flood
hazard mapping and risk analysis; catastrophic preparedness,
warning systems, community projects emergency food and shelter;
alternatives to detention case management; education, training,
exercises, and technical assistance; and other programs. The
Committee provides two-year availability of funds for certain
purposes.
DISASTER RELIEF FUND
The Committee includes language making funds available
until expended for the Disaster Relief Fund.
NATIONAL FLOOD INSURANCE FUND
The Committee includes language making funds available for
mission support associated with flood management and programs
and activities under the National Flood Insurance Fund,
including flood plain management and flood mapping. The
Committee includes provisions making funds available for
interest on Treasury borrowings and limiting amounts available
for operating expenses, commissions and taxes of agents, and
flood mitigation activities associated with the National Flood
Insurance Act of 1968. The Committee includes language
permitting additional fees collected to be credited as an
offsetting collection and available for floodplain management;
providing that not to exceed four percent of the total
appropriation is available for administrative cost; and making
funds available for the Flood Insurance Advocate.
Administrative Provisions
Language making funds available for the administration of
grants.
Language that excludes the amounts provided for Nonprofit
Security Grants from calculations related to state minimum
funding amounts under the State Homeland Security Grant Program
and the Urban Area Security Initiative.
Language specifying timeframes for certain grant
applications and awards.
Language requiring a five-day advance notification prior to
the announcement of certain grant awards under ``Federal
Emergency Management Agency--Federal Assistance''.
Language authorizing the use of certain grant funds for the
installation of communications towers.
Language requiring the submission of a monthly Disaster
Relief Fund report.
Language permitting the FEMA Administrator to grant waivers
from specified requirements of section 34 of the Federal Fire
Prevention and Control Act of 1974.
Language providing for the receipt and expenditure of fees
collected for the Radiological Emergency Preparedness Program,
as authorized by Public Law 105-276.
Language permitting the FEMA Administrator to grant waivers
from specified requirements of section 33 of the Federal Fire
Prevention and Control Act of 1974.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
OPERATIONS AND SUPPORT
The Committee includes language making funds available for
operations and support for the E-Verify program, application
processing, the reduction of backlogs within asylum, field, and
service center offices, and for the Refugee, Asylum, and
International Operations Programs, including for official
reception and representation of funds for certain activities.
The Committee includes language making funding available
for the implementation of the Deferred Action for Childhood
Arrivals Program.
FEDERAL ASSISTANCE
The Committee includes language making funds available for
the Citizenship and Integration Grant Program.
Federal Law Enforcement Training Centers
OPERATIONS AND SUPPORT
The Committee includes language making funds available for
operations and support, including for official reception and
representation expenses and purchase of police-type vehicles.
The Committee provides two-year availability of funds for
certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements to include
acquisition of necessary additional real property and
facilities, construction and ongoing maintenance, facility
improvements and related expenses The Committee provides five-
year availability of funds for these activities.
Science and Technology Directorate
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including the purchase or lease of
vehicles and official reception and representation expenses.
The Committee provides two-year availability of funds for
certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides five-year availability of funds for these activities.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides three-year
availability of funds for these activities.
Countering Weapons of Mass Destruction Office
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including official reception and
representation expenses. The Committee provides two-year
availability of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three-year availability of funds for these activities.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides three-year
availability of funds for these activities.
Federal Assistance
The Committee includes language providing funds for federal
assistance through grants, contracts, cooperative agreements,
and other activities. The Committee provides three-year
availability of funds for these activities.
Administrative Provisions
Language allowing USCIS to acquire, operate, equip, and
dispose of up to five vehicles under certain scenarios.
Language limiting the use of A-76 competitions by USCIS.
Language allowing virtual oversight of the collection and
use of biometrics.
Language that exempts Special Immigrant Juvenile Status
visa from employment-based visa caps.
Language concerning unused employment-based and family-
based visas.
Language concerning the admission of certain individuals
who were previously offered visas through the diversity visa
lottery.
Language making available additional H-2B visas and waiving
certain rulemaking requirements to expedite visa approvals.
Language concerning the issuance of H-2A visas for
agricultural work without regard to whether the work is
temporary or seasonal in nature.
Language authorizing FLETC to distribute funds to federal
law enforcement agencies for incurred training expenses.
Language directing the FLETC Accreditation Board to lead
the federal law enforcement training accreditation process for
measuring and assessing federal law enforcement training
programs, facilities, and instructors.
Language allowing for the acceptance of funding transfers
from other government agencies for the construction of special
use facilities.
Language classifying FLETC instructor staff as inherently
governmental for purposes of the Federal Activities Inventory
Reform Act of 1998.
TITLE V--GENERAL PROVISIONS
Language limiting the availability of appropriations to one
year unless otherwise expressly provided.
Language providing authority to merge unexpended balances
of prior year appropriations with new appropriations accounts
for the same purpose.
Language limiting reprogramming authority and providing
limited transfer authority.
Language prohibiting DHS from carrying out certain
activities without prior notification by the Under Secretary
for Management.
Language providing authority regarding the availability and
uses of prior year balances for O&S accounts.
Language prohibiting funds appropriated or otherwise made
available to the Department to make payment to the Working
Capital Fund, except for activities and amounts proposed in the
President's budget request.
Language deeming intelligence activities to be specifically
authorized during the fiscal year until the enactment of an Act
authorizing intelligence activities for that year and providing
the authority to transfer certain funds following a briefing by
Management Directorate on the planned use of such transferred
funds.
Language requiring a specified notification to the
Committees at least three days before DHS executes or announces
grant allocations; grant awards in excess of $1,000,000;
contract awards, including contracts covered by the Federal
Acquisition Regulation; other transaction agreements; letters
of intent; a task or delivery order on multiple award contracts
totaling $4,000,000 or more; a task or delivery order greater
than $10,000,000 from multi-year funds; or sole-source grant
awards.
Language prohibiting all agencies from purchasing,
constructing, or leasing additional facilities for federal law
enforcement training without advance notification to the
Committees.
Language prohibiting the use of funds for any construction,
repair, alteration, or acquisition project for which a
prospectus, if required under chapter 33 of title 40, United
States Code, has not been approved.
Language prohibiting the use of funds to pay the salary of
anyone performing the duties of a contracting officer's
representative unless they have received training for those
purposes.
Language prohibiting the use of funds in contravention of
the Buy American Act.
Language prohibiting the use of funds to amend the oath of
allegiance required by section 337 of the Immigration and
Nationality Act.
Language prohibiting DHS from using funds to carry out
reorganization authority.
Language prohibiting the use of funds for planning,
testing, piloting, or developing a national identification
card.
Language prohibiting any official required by this Act to
provide a report or make a certification to the Committees from
delegating authority to perform such act unless expressly
authorized to do so.
Language prohibiting the use of funds in this Act from
being used for first-class travel.
Language prohibiting the use of funds appropriated or
otherwise made available in this Act to pay award or incentive
fees for contractors with a below satisfactory performance or a
performance that fails to meet the basic requirements of the
contract.
Language requiring that DHS computer systems block
electronic access to pornography, except for law enforcement
purposes.
Language prohibiting the use of funds by federal law
enforcement personnel to transfer operable firearms to certain
individuals except under certain conditions.
Language restricting funds for travel and requiring
reporting related to conferences occurring outside of the
United States.
Language prohibiting funds to reimburse any federal
department or agency for its participation in a National
Special Security Event.
Language requiring a notification, including justification
materials, prior to implementing any structural pay reform or
introducing any new position classification that affects more
than 100 full-time positions or costs more than $5,000,000.
Language directing the Department to post reports required
by the Committees on a public website unless public posting
compromises homeland or national security or contains
proprietary information.
Language authorizing minor procurement, construction, and
improvement activities using Operations and Support
appropriations, as specified.
Language authorizing DHS to use existing discretionary
appropriations for the primary and secondary schooling expense
of eligible dependents in areas and territories that meet
certain criteria.
Language continuing the availability of other transaction
authority.
Language prohibiting the use of funds to limit access to
detention facilities by members of Congress and their
designated staff.
Language prohibiting the use of funds to use restraints on
pregnant detainees in DHS custody except in certain
circumstances.
Language prohibiting the use of funds for the destruction
of records related to detainees in custody and requiring that
such records be provided to certain requesting individuals, as
specified.
Language continuing by reference a prohibition on the use
of funds for a Principal Federal Official during a declared
disaster or emergency under the Stafford Act, with certain
exceptions.
Language requiring the Under Secretary for Management to
submit a component-level report on unfunded priorities for
which appropriated funds would be classified as budget function
050.
Language requiring notifications when the President
designates a former or retired federal official or employee for
protection and requiring reporting on the costs of such
protection.
Language requiring notifications and reporting on DHS
submissions of proposals to the Technology Modernization Fund.
Language appropriating an additional amount for border
management requirements, to be allocated at the discretion of
the Secretary, and requiring a briefing on the planned use of
the funds by the Under Secretary for Management.
Language that prohibits the denial of any benefit
application for admission or protection solely based on grounds
related to cannabis.
Language concerning procurement contracts, memoranda of
understanding, and cooperative agreements with, or grants to or
the provision of loans or loan guarantees to certain entities.
Language making U.S. territories eligible for assistance
under Section 205 of the Stafford Act (42 U.S.C. 5135).
Language rescinding and reappropriating funding for a
Community Project Funding item from the Department of Homeland
Security Appropriations Act, 2022, that could not be executed
due to a technical error.
Language rescinding unobligated balances from specified
sources.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1) of rule XIII of the House of
Representatives, the following table lists the appropriations
in the accompanying bill that are not authorized by law:
FY 2023 SCHEDULE OF UNAUTHORIZED APPROPRIATIONS
[Gross Discretionary--Dollars in thousands]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Last Year of Appropriation in Last Year Appropriations in
Agency/Program Authorization Authorized Level of Authorization this bill
--------------------------------------------------------------------------------------------------------------------------------------------------------
Customs and Border Protection, Operations and Support.... \1\2004 \2\$3,083,259 \3\$4,396,750 \4\$14,690,501
Customs and Border Protection, International Cargo \5\2010 153,300 162,000 \6\3,719,0945
Screening...............................................
Customs and Border Protection, Customs-Trade Partnership \7\2010/2012 75,600/ \8\62,612/ \9\3,575,708
Against Terrorism (C-TPAT).............................. 21,000 44,979
Customs and Border Protection, Automated Targeting \10\2010 37,485 34,560 \11\251,993
Systems.................................................
Customs and Border Protection, Automated Commercial \12\2018 153,736 N/A \13\383,116
Environment.............................................
Customs and Border Protection, Air and Marine \14\2004 175,000 240,200 \15\377,132
Interdiction, Operations, Maintenance, and Procurement..
Immigration and Customs Enforcement, Operations and \16\2003/ 4,131,811/ \18\3,032,094/ \20\8,298,567
Support................................................. \17\2004 1,399,592 \19\N/A
Immigration and Customs Enforcement, Procurement, \16\2003 N/A 693,969 97,762
Construction, and Improvements..........................
Transportation Security Administration, Operations and \21\2020 7,888,494 N/A \22\9,240,363
Support.................................................
Transportation Security Administration, EDS/ETD Systems.. \23\2007 400,000 110,100 \24\141,689
Transportation Security Administration, Surface \25\2020 Such sums 169,513 176,798
Transportation Security, National Explosives Detection
Canine Team Program.....................................
Transportation Security Administration, Transportation \26\2005 Such sums \27\115,000 \28\131,349
Threat Assessment and Credentialing.....................
Transportation Security Administration, Federal Air \29\2007 83,000 764,643 \30\838,573
Marshal Service.........................................
Transportation Security Administration Law Enforcement \31\2020 55,000 46,392 \32\46,138
Officer Reimbursement Program...........................
United States Coast Guard, Operations and Support........ \33\2021 8,396,169 8,485,146 9,751,469
United States Coast Guard, Procurement, Construction, and \32\2021 3,312,114 2,264,041 2,301,050
Improvements............................................
United States Coast Guard, Research and Development...... \32\2021 14,111 10,276 7,746
Cybersecurity and Infrastructure Security Agency, \34\2012 Such sums \35\888,243 \36\2,761,618
Operations and Support..................................
CISA, Cyber Response and Recovery Fund................... \37\2012 100,000 20,000 \38\N/A
FEMA, Salaries and Expenses.............................. \39\2010 375,342 797,650 \40\1,414,461
FEMA, Integrated Public Alert and Warning System (IPAWS). \41\2018 Such sums N/A 43,226
FEMA, State and Local Programs Port Security Grants...... \42\2013 400,000 250,000 100,000
Public Transportation Security Grants................ \43\2011 1,108,000 250,000 105,000
Amtrak Security.................................. \44\2011 175,000 20,000 10,000
Over the Road Bus Security....................... \45\2011 25,000 5,000 2,000
National Domestic Preparedness Consortium............ \46\2011 153,000 1N/A 101,000
Center for Domestic Preparedness......................... \46\2011 66,000 N/A 71,301
FEMA, Urban Search and Rescue Response System............ \47\2008 45,000 36,700 37,832
FEMA, Emergency Management Performance Grants............ \48\2022 950,000 355,000 370,000
FEMA, Emergency Food and Shelter......................... \49\1994 188,000 N/A 280,000
FEMA, State and Local Cybersecurity Grant Program........ \50\2022 1,000,000 200,000 N/A
Immigration and Naturalization Service, Citizenship and \51\2002 631,745 \52\631,745 \53\565,272
Benefits, Immigration Support and Program Direction.....
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\P.L. 107-210, Sec. 311.
\2\P.L. 107-210 authorized what was formerly U. S. Customs Service (does not include Border Patrol).
\3\U.S. Customs Service operations only (does not include Border Patrol).
\4\Funding recommended for fiscal year 2023 is for the U.S. Customs and Border Protection, Operations and Support appropriation. This is not a true
comparison to the legacy ``Salaries and Expenses'' appropriation.
\5\P.L. 109-347, Sec. 205(m).
\6\Funding recommended for fiscal year 2023 is for the ``Domestic Operations'' and ``International Operations'' sub-PPAs within the ``Trade and Travel
Operations'' PPA. This is not a true comparison to the legacy ``International Cargo Screening'' PPA.
\7\P.L. 109 347, Sec. 223(a) authorized operations for fiscal year 2010 and personnel through fiscal year 2012.
\8\Funding provided for fiscal year 2010 and for fiscal year 2012 include personnel and operations.
\9\This is not a true comparison to the legacy ``Customs-Trade Partnership Against Terrorism (C TPAT)'' PPA. These funds have been realigned to the
``Domestic Operations'' sub-PPA within the ``Trade and Travel Operations'' PPA.
\10\P.L. 109 347, Sec. 203(g).
\11\This is not a true comparison to the legacy ``Automated Targeting Systems'' PPA. These funds have been realigned to the ``Targeting Operations'' sub-
PPA within the ``Trade and Travel Operations'' PPA.
\12\P.L. 114 125, Sec. 106 requires that funding shall not be less than this amount.
\13\This is not a true comparison to the legacy ``Automated Commercial Environment'' PPA; however, the preponderance of these funds were realigned into
the ``Office of Trade'' sub-PPA within the ``Trade and Travel Operations'' PPA.
\14\P.L. 107 210, Sec. 311.
\15\These funds have been realigned to the ``Air and Marine Operations'' sub-PPA that exists both within the ``Integrated Operations'' PPAs.
\16\Immigration and Naturalization Service--some investigations, and detention and removals only, P.L. 107-273, Sec. 102(12).
\17\Customs Service noncommercial operations, P.L. 107-210, Sec. 311(a) (19 U.S.C. 2075(b)(1)).
\18\Includes $2,862,094,000 from fiscal year 2003 Immigration and Naturalization Service--Salaries and Expenses, P.L. 108-7, and $170,000,000 included
in the fiscal year 2003 Wartime Supplemental Appropriations Act, P.L. 108-11.
\19\There was no fiscal year 2004 appropriation for the U.S. Customs Service.
\20\Funding recommended for fiscal year 2023 is for U. S. Immigration and Customs Enforcement, Operations and Support. This is not a true comparison to
the legacy ``Salaries and Expenses'' appropriation.
\21\P.L. 115-254 Sec. 1903 Reauthorized TSA Activities for ``salaries, operations and maintenance'', but did not specifically authorize the current
account structure. construction and improvements.
\22\Recommended funding is the total for TSA ``Operations and Support'' appropriation.
\23\P.L. 108-458, Sec. 4019.
\24\These funds have been realigned to the ``Aviation Screening Infrastructure'' PPA within the ``Procurement, Construction, and Improvements''
appropriation and to the ``Research and Development'' appropriation.
\25\P.L. 115-254, Sec. 1971.
\26\P.L. 107-71, Sec. 101.
\27\Includes the Maritime and Land Security PPA and Credentialing Activities PPA.
\28\Funding recommended for fiscal year 2023 is for the ``Other Operations and Enforcement, Vetting Programs'' and ``Other Operations and Enforcement,
Intelligence and TSOC'' sub-PPAs within the ``Operations and Support'' appropriation, and the ``Infrastructure for Other Operations, Vetting
Programs'' sub-PPA within the Procurement, Construction, and Improvements appropriation.
\29\P.L. 108-458, Sec. 4016.
\30\Funding for the Federal Air Marshals Service is in the ``Other Operations and Enforcement, In-Flight Security'' sub-PPA. The recommended funding
level is for that sub-PPA.
\31\P.L. 115-254, Sec 1935.
\32\Funding for LEO Reimbursement Program is in the ``Other Operations and Enforcement, Aviation Regulation'' sub-PPA. The recommended funding is for
the non pay portion of the Law Enforcement and Assessment program.
\33\P.L. 116-283, Sec 8001.
\34\Critical infrastructure protection, cybersecurity, and other related programs, P.L. 110-53, Sec. 541 (note, the ``National Protection and Programs
Directorate'' is now known as the ``Cybersecurity and Infrastructure Security Agency'', as authorized in P.L. 115-278, Sec. 2 (6 U.S.C. 651 et.
seq.)).
\35\Infrastructure Protection and Information Security activities in P.L. 112-74.
\36\Represents funding that would traditionally be categorized as defense that is recommended for the Cybersecurity and Infrastructure Security Agency.
\37\P.L. 117-58, Sec. 2234, Infrastructure Investments and Jobs Act, establishes the fund and authorizes and appropriate $20,000,000 for each of fiscal
years 2022 2028. P.L. 117-58 also appropriates the full authorized amount for each fiscal year.
\38\P.L. 117-58, Sec. 2234, Infrastructure Investments and Jobs Act, establishes the fund and authorizes and appropriate $20,000,000 for each of fiscal
years 2022 2028. P.L. 117-58 also appropriates the full authorized amount for each fiscal year.
\39\P.L. 109-295, Sec. 699.
\40\Funding recommended for fiscal year 2023 is for Federal Emergency Management Agency, Operations and Support. This is not a true comparison to the
legacy ``Salaries and Expenses'' appropriation.
\41\P.L. 114-143, Sec. 2(c).
\42\P.L. 109-347, Sec. 112.
\43\P.L. 110-53.
\44\P.L. 110-53, Sec. 1514(d).
\45\6 U.S.C. 1182.
\46\P.L. 110-53, Sec. 1204, 6 U.S.C. 1102.
\47\P.L. 109-295, Sec. 634 , 6 U.S.C. 722.
\48\P.L. 110-53, Sec. 201, 6 U.S.C. 763.
\49\P.L. 102-550, Sec. 1431.
\50\P.L. 117-58, Sec. 70612, the Infrastructure Investments and Jobs Act, establishes the grant program and authorizes $200,000,000 for fiscal year
2022, $400,000,000 for fiscal year 2023, $300,000,000 for fiscal year 2024, and $100,000,000 for fiscal year 2025. P.L. 117-58 also appropriates the
full authorized amount for each fiscal year.
\51\P.L. 107-273, Div. A., Sec. 101(12)(B), ``for salaries and expenses of citizenship and benefits''.
\52\P.L. 107-77, see also, H. Rept. 107 278 (the accompanying conference report).
\53\Represents funding for Application Processing and for the Citizenship and Integration Grant Program within discretionary funds for U.S. Citizenship
and Immigration Services. This is not a true comparison to the legacy funding.
BUDGETARY IMPACT OF THE FY 2023 DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS BILL PREPARED IN CONSULTATION WITH THE CONGRESSIONAL
BUDGET OFFICE PURSUANT TO SECTION 308(A) OF THE CONGRESSIONAL BUDGET
ACT OF 1974
[In millions of dollars]
COMPARISON WITH BUDGET RESOLUTION
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority provided in the bill with
the appropriate allocation under section 302(b) of the Budget
Act.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) Allocation This Bill
---------------------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee
allocations to its subcommittees: Subcommittee
on Homeland Security
Discretionary............................... 60,300 74,500 80,245 \1\75,488
Mandatory................................... 2,044 2,036 2,044 \1\2,036
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
NOTE.--The amounts in this report do not include $1,420
million in discretionary budget authority and $137 million in
associated outlays from amounts becoming available in fiscal
year 2023 that were previously designated as being for an
emergency requirement pursuant to a concurrent resolution on
the budget. Consistent with the Congressional Budget Act of
1974, in the House of Representatives such amounts do not count
against the Committee's allocation.
In addition, consistent with the funding recommended in the
bill for disaster relief, in accordance with the Congressional
Budget Act of 1974 (including section 314(g) of such Act), and
section 1(f) of H. Res. 1151 (117th Congress), and after the
bill is reported to the House, the chair of the Committee on
the Budget will provide a revised section 302(a) allocation
reflecting an additional $19,945 million in discretionary
budget authority and $1,197 million in associated outlays for
those recommended amounts. That new allocation will eliminate
the technical difference prior to floor consideration.
FIVE-YEAR OUTLAY PROJECTIONS
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(B) of the Congressional Budget Act of 1974, the
following table contains five-year projections associated with
the budget authority provided in the accompanying bill as
provided to the Committee by the Congressional Budget Office.
[In millions of dollars]
------------------------------------------------------------------------
Outlays
------------------------------------------------------------------------
Projection of outlays associated with the
recommendation:
2023............................................. /1/41,442
2024............................................. 14,919
2025............................................. 9,620
2026............................................. 4,976
2027 and future years............................ 12,987
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(C) of the Congressional Budget Act of 1974, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments.
[In millions of dollars]
------------------------------------------------------------------------
Budget Authority Outlays
------------------------------------------------------------------------
Financial assistance to State and 13,809 /1/1,049
local governments for 2023.......
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
PROGRAM DUPLICATION
No provision of this bill establishes or reauthorizes a
program of the Federal Government know to be duplicative of
another federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
identified in the most recent Catalog of Federal Domestic
Assistance.
COMMITTEE HEARINGS
For the purposes of cl. 3(c)(6) of rule XIII--
The following hearings were used to develop or consider the
Department of Homeland Security Appropriations Act, 2023:
The Subcommittee on Homeland Security held an oversight
hearing on April 6, 2022, entitled ``United States Citizenship
and Immigration Services Fiscal Year 2023 Budget Request'' The
Subcommittee received testimony from:
The Honorable Ur M. Jaddou, Director, U.S. Citizenship and
Immigration Services.
The Subcommittee on Homeland Security held an oversight
hearing on April 6, 2022, entitled ``DHS Office of Inspector
General Fiscal Year 2023 Budget Request'' The Subcommittee
received testimony from:
The Honorable Joseph V. Cuffari, Inspector General, U.S.
Department of Homeland Security.
The Subcommittee on Homeland Security held an oversight
hearing on April 27, 2022, entitled ``Fiscal Year 2023 Budget
Request for the Department of Homeland Security'' The
Subcommittee received testimony from:
The Honorable Alejandro Mayorkas, Secretary, U.S.
Department of Homeland Security.
The Subcommittee on Homeland Security held an oversight
hearing on April 28, 2022, entitled ``Fiscal Year 2023 Budget
Request for the Cybersecurity and Infrastructure Security
Agency'' The Subcommittee received testimony from:
The Honorable Jen Easterly, Director, Cybersecurity and
Infrastructure Security Agency.
The Subcommittee on Homeland Security held an oversight
hearing on May 12, 2022, entitled ``The Coast Guard's Fiscal
Year 2023 Budget Request.'' The Subcommittee received testimony
from:
Admiral Karl L. Schultz, Commandant of the United States
Coast Guard.
The Subcommittee on Homeland Security held an oversight
hearing on May 17, 2022, entitled ``Fiscal Year 2023 Budget
Request for the U.S. Immigration and Customs Enforcement.'' The
Subcommittee received testimony from:
Tae D. Johnson, Acting Director, U.S. Immigration and
Customs Enforcement.
The Subcommittee on Homeland Security held an oversight
hearing on May 11, 2022, entitled ``Fiscal Year 2023 Budget
Request for the U.S. Customs and Border Protection'' The
Subcommittee received testimony from:
The Honorable Chris Magnus, Commissioner, U.S. Customs and
Border Protection.
The Subcommittee on Homeland Security held an oversight
hearing on May 18, 2022, entitled ``Fiscal Year 2023 Budget
Request for the Transportation Security Administration.'' The
Subcommittee received testimony from:
The Honorable David Pekoske, Administrator, Transportation
Security Administration.
The Subcommittee on Homeland Security held an oversight
hearing on May 25, 2022, entitled ``Fiscal Year 2023 Budget
Request for the United States Secret Service.'' The
Subcommittee received testimony from:
James Murray, Director, United States Secret Service.
The Subcommittee on Homeland Security held an oversight
hearing on May 25, 2022, entitled ``Fiscal Year 2023 Budget
Request for the Federal Emergency Management Agency.'' The
Subcommittee received testimony from:
The Honorable Deanne Criswell, FEMA Administrator, Federal
Emergency Management Agency.
DETAILED EXPLANATIONS IN REPORT
The following table contains detailed funding
recommendations at the program, project, and activity (PPA)
level.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MINORITY VIEWS
We thank the Chairs of the Full Committee and Subcommittee
for their continued and shared support for many of the programs
critical to securing our nation. However, we have serious
objections and concerns due to the many misguided policies
supported by this bill. We believe the fundamental priorities
necessary to secure the homeland have not been sufficiently
funded, and as a result, we simply cannot support the bill in
its current form.
With illegal migration encounters at record high levels, we
must address the immigration crisis before us. Unfortunately,
this bill lays the groundwork for more illegal immigration. The
policies of the Administration and the provisions within this
bill to prohibit the simple enforcement of our existing
immigration laws are major factors that exacerbate the current
crisis at the southwest border. If this bill is enacted, the
Department would be incapable of responding to the immigration
crisis at the southwest border and protecting the country.
For a second year in a row, the House bill attempts to
dismantle bicameral, bipartisan conference agreements made in
the past by including provisions that repurpose prior-year
border wall funds for anything but their intended purpose--
constructing barriers. Relitigating previous agreements is
counterproductive and time-consuming, and cast doubt on every
single agreement we make as we produce these bills each year.
In an effort to improve the bill and address our concerns,
we offered amendments to ensure sufficient funding to secure
the homeland, including preserving existing funding previously
provided for constructing a wall along the southwest border;
increasing funds for Operation Stonegarden and helping law
enforcement agencies in border communities work with Customs
and Border Protection to rescue and apprehend migrants
abandoned by the cartels; increasing the number of detention
beds to hold dangerous criminals; allowing Immigration and
Customs Enforcement investigative officers to enforce the basic
immigration laws on the books; and increasing funding for
border security technology consistent with prior year levels.
None of these amendments were adopted.
We risk emboldening the cartels by telegraphing weakness on
border security and our lack of commitment to the robust
enforcement of immigration laws. Cartels will take this
message, distort it further, and continue to exploit migrants
to line their pockets in a vicious cycle built on human
suffering.
We are committed to ensuring the Federal government and the
Department of Homeland Security meet their responsibilities to
the American people. We remain optimistic that we will be able
to work together to address these issues and funding
requirements in a bill we can support.
Kay Granger.
Chuck Fleischmann.
[all]