[Senate Report 118-85]
[From the U.S. Government Publishing Office]
Calendar No. 188
118th Congress } { Report
SENATE
1st Session } { 118-85
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2024
_______
July 27, 2023.--Ordered to be printed
_______
Mr. Murphy, from the Committee on Appropriations,
submitted the following
REPORT
[To accompany S. 2625]
The Committee on Appropriations reports an original bill
(S. 2625) making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2024, and for
other purposes, reports favorably thereon and recommends that
the bill do pass.
Total obligational authority, fiscal year 2024
Total of bill as reported to the Senate................. $82,784,244,000
Amount of 2023 appropriations........................... 89,605,164,000
Amount of 2024 budget estimate.......................... 81,807,777,000
Bill as recommended to Senate compared to--
2023 appropriations................................. -6,820,920,000
2024 budget estimate................................ +976,467,000
CONTENTS
----------
Page
Overview and Summary of the Bill................................. 4
References....................................................... 6
Title I:
Departmental Management, Operations, Intelligence, and
Oversight:
Office of the Secretary and Executive Management......... 7
Operations and Support............................... 7
Federal Assistance................................... 18
Management Directorate................................... 18
Operations and Support............................... 19
Procurement, Construction, and Improvements.......... 22
Federal Protective Service........................... 23
Intelligence, Analysis, and Situational Awareness........ 23
Operations and Support............................... 23
Procurement, Construction, and Improvements.......... 24
Office of Inspector General.............................. 25
Operations and Support............................... 25
Title I: Administrative Provisions--This Act................. 26
Title II:
Security, Enforcement, and Investigations:
U.S. Customs and Border Protection:
Operations and Support............................... 29
Procurement, Construction, and Improvements.......... 44
U.S. Immigration and Customs Enforcement:
Operations and Support............................... 49
Procurement, Construction, and Improvements.......... 65
Transportation Security Administration:
Operations and Support............................... 66
Procurement, Construction, and Improvements.......... 69
Research and Development............................. 70
Coast Guard:
Operations and Support............................... 70
Procurement, Construction, and Improvements.......... 75
Research and Development............................. 77
Health Care Fund Contribution........................ 77
Retired Pay.......................................... 78
United States Secret Service:
Operations and Support............................... 79
Procurement, Construction, and Improvements.......... 80
Research and Development............................. 80
Title II: Administrative Provisions.......................... 80
Title III:
Protection, Preparedness, Response, and Recovery:
Cybersecurity and Infrastructure Security Agency:
Operations and Support............................... 83
Procurement, Construction, and Improvements.......... 88
Research and Development............................. 88
Federal Emergency Management Agency:
Operations and Support............................... 89
Procurement, Construction, and Improvements.......... 94
Federal Assistance................................... 94
Disaster Relief Fund................................. 98
National Flood Insurance Fund........................ 99
Title III: Administrative Provisions......................... 99
Title IV:
Research and Development, Training, and Services:
United States Citizenship and Immigration Services:
Operations and Support............................... 101
Federal Law Enforcement Training Centers:
Operations and Support............................... 108
Procurement, Construction, and Improvements.......... 109
Science and Technology:
Operations and Support............................... 110
Procurement, Construction, and Improvements.......... 111
Research and Development............................. 112
Countering Weapons of Mass Destruction Office:
Operations and Support............................... 117
Procurement, Construction, and Improvements.......... 117
Research and Development............................. 118
Federal Assistance................................... 119
Title IV: Administrative Provisions--This Act................ 119
Title V: General Provisions...................................... 120
Program, Project, and Activity................................... 123
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the
Senate......................................................... 124
Compliance With Paragraph 7(c), Rule XXVI of the Standing Rules
of the Senate.................................................. 125
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 125
Budgetary Impact of Bill......................................... 129
Disclosure of Congressionally Directed Spending Items............ 130
Comparative Statement of New Budget Authority.................... 135
OVERVIEW AND SUMMARY OF THE BILL
Fiscal year 2024 represents the 21st annual appropriations
cycle for the Department of Homeland Security. The Department
continues to mature and prove its value to our Nation during
periods of calm and adversity, and the Committee recognizes the
Department's efforts to maintain our overall national security
posture, especially in light of developing challenges and
threats, without forsaking the mission to safeguard the
American people and that of our homeland.
The Committee acknowledges the success in executing the
Department's substantial missions is primarily due to the
dedication of Department personnel and the Committee is
grateful to the thousands of personnel across the Department
for their commitment to public service and recognizes the
contributions and sacrifices of their families.
The Committee continues to emphasize initiatives to connect
and integrate programs across the homeland security enterprise
in order to meaningfully quantify the value of new investments
in improving operational capabilities and achieving performance
improvements. This type of work must become common practice and
not isolated exceptions. Future requests for investments should
be informed by workload analyses and predictive analytics to
clearly detail anticipated requirements and the costs relating
to those requirements and the Committee directs the Department
to actively examine new, innovative capabilities to
successfully meet mission goals. The Committee calls on the
Department to incorporate into future budget submissions the
data resulting from modeling efforts and other analytics that
directly speak to future workload impacts and operational
requirements. The Committee expects the Department to continue
gaining management and cost efficiencies by consolidating
cross-component efforts while allowing components a reasonable
flexibility necessary to respond quickly to changing or
emergent threats.
The Committee recommends a total appropriation of
$81,637,000,000 for the Department of Homeland Security for
fiscal year 2024. Of this amount, $61,376,000,000 is for
discretionary programs and $20,261,000,000 is for the Disaster
Relief Fund designated by the Congress as disaster relief
pursuant to Public Law 112-25. This recommended level and the
accompanying direction in the bill and report advance key,
bipartisan priorities across the Department, including: (1)
investments that encourage modern and realistic approaches to
immigration processing including reducing backlogs for
workforce authorizations; (2) resources to manage border
requirements while also pressing to accelerate innovative
capabilities (such as leveraging artificial intelligence to
transform how vehicles and cargo are scanned when entering the
U.S.); (3) funding to help safeguard against, and enable the
recovery from, natural and manmade disasters; (4) enhancing
capabilities to detect and respond to growing numbers of
cybersecurity threats from around the world, including threats
to both the Federal Government, as well as non-Federal critical
infrastructure and services; and (5) modernizing Coast Guard's
surface and air fleets, enhancing our Nation's maritime safety
and security capabilities and protecting our interests.
In addition, this bill makes unprecedented investments to
protect American families against fentanyl. The Committee
provides $824,385,000 to Customs and Border Protection [CBP]
and Immigration and Customs Enforcement [ICE] for a range of
critical investments in the fight to stem the flow of fentanyl
and other synthetic narcotics into the U.S. Such funds will
also extend the fight beyond the border, and support and expand
efforts to disrupt and dismantle transnational criminal
organizations that operate on a business model involving an
endless cycle of narcotics, firearms, and human trafficking
which threatens lives at home and abroad. Of this amount,
$719,385,000 is provided to CBP for improving the detection and
seizure of fentanyl at ports of entry with investments in
equipment, labs, and personnel for both inbound and outbound
operations. For inbound operations, this level of funding is
expected to result in an increase from 40 percent to 65 percent
of passenger vehicles scanned entering the U.S. For outbound
operations, this level of funding will triple the number of
ports of entry on the southwest border with dedicated outbound
capabilities to stop the flow of currency, firearms,
ammunition, and other contraband being trafficked across the
southern border to Mexico in connection with the sale of
fentanyl. Of this amount, $105,000,000 is provided to Homeland
Security Investigations [HSI] to support the expansion of task
forces, such as the successful Fentanyl Abatement and
Suppression Team in San Diego, CA, for new agents near the
border to support the work to dismantle and disrupt fentanyl
trafficking, to expand the successful Transnational Criminal
Investigative Units [TCIUs] abroad to further support work to
stem fentanyl from ever reaching the United States to begin
with, and to support HSI's physical presence abroad.
Fiscal year 2024 funding levels cited in this explanatory
statement reflect the enacted amounts in the Consolidated
Appropriations Act, 2023 (Public Law 117-103), adjusted for
comparability where noted, and do not include supplemental
appropriations.
BILL FUNDING PRIORITIES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted Request recommendation
----------------------------------------------------------------------------------------------------------------
Title I--Departmental Management Operations...... 2,984,718 3,373,326 2,672,277
Title II--Security, Enforcement, and 45,819,765 46,118,234 48,828,506
Investigations..................................
Title III--Protection, Preparedness, Response, 28,321,562 28,665,542 28,269,927
and Recovery....................................
Title IV--Research, Development, Training, and 2,006,041 2,559,622 1,933,351
Services........................................
Title V--General Provisions...................... 1,514,914 (56,191) (67,061)
--------------------------------------------------------------
Total, new budget (obligational authority). 80,647,000 80,660,533 81,637,000
----------------------------------------------------------------------------------------------------------------
References
Any reference in this explanatory statement to the
Secretary shall be interpreted to mean the Secretary of
Homeland Security.
Any reference to the Department shall be interpreted to
mean the Department of Homeland Security.
Any reference to a departmental component shall be
interpreted to mean offices, components, directorates, or other
organizations within the Department of Homeland Security.
Any reference to the budget request or the request shall be
interpreted to mean the budget of the U.S. Government, fiscal
year 2024.
Any reference to FTE shall mean full-time equivalents.
Any reference to PPA shall mean program, project, and
activity.
Any reference to GAO shall mean the Government
Accountability Office.
Any reference to OIG shall mean the Office of the Inspector
General of the Department of Homeland Security.
Any reference to IT shall mean information technology.
Any reference to SLTT shall mean State, Local, Tribal, and
Territorial.
DEPARTMENT OF HOMELAND SECURITY
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
The Office of the Secretary and Executive Management [OSEM]
supports the Department by providing direction, management, and
policy guidance to operating components. The programs,
projects, and activities funded by this appropriation include:
the Office of the Secretary [OE]; the Office of Policy [OPE];
the Office of Public Affairs [OPA]; the Office of Legislative
Affairs [OLA]; the Office of Partnership and Engagement [OPE];
the Office of General Counsel [OGC]; the Office for Civil
Rights and Civil Liberties [OCRCL]; the Office of the
Citizenship and Immigration Services Ombudsman [CIS Ombudsman];
the Office of the Immigration Detention Ombudsman [OIDO]; and
the Privacy Office [PRIV].
COMMITTEE RECOMMENDATIONS
The Committee recommends $319,463,000 for OSEM, which is
$8,592,000 below the budget request amount and $65,331,000
below the fiscal year 2023 enacted level. The following table
summarizes the Committee's recommendation as compared to the
fiscal year 2023 enacted and budget request levels:
Office of the Secretary and Executive Management
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Oversight.................................. 155,690 132,096 127,569
Office of Strategy, Policy, and Plans..................... 84,979 76,153 76,153
Operations and Engagement................................. 96,077 84,806 82,841
Procurement, Construction and Improvement................. 8,048 ................ ................
Federal Assistance (Transfer out)......................... 40,000 35,000 32,900
-----------------------------------------------------
Total, Office of Secretary and Executive Management... 344,794 293,055 286,563
----------------------------------------------------------------------------------------------------------------
OPERATIONS AND SUPPORT
Appropriations, 2023.................................... $336,746,000
Budget estimate, 2024................................... 293,055,000
Committee recommendation................................ 286,563,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $286,563,000 for Operations and
Support [O&S], which is $6,492,000 below the budget request
amount and $50,183,000 below the fiscal year 2023 enacted
level.
Access to High-Quality Affordable Childcare for Federal
Employees.--Within 90 days of the date of enactment of this
act, and semi-annually thereafter, the Department is directed
to provide a report on access to high-quality affordable
childcare for children of Department employees. The report
shall detail all current programs or efforts that assist
Federal employees with childcare, identify programs, including
recruitment and retention programs, that would assist with
childcare, and detail all associated costs, even if such costs
are projections. Additionally, the Department shall survey
employees to capture interest in such programs or efforts and
identify to the Committee the level of interest and provide the
number of employees using such programs. Where possible, the
Department shall identify whether access to childcare hinders
recruitment or retention efforts, provide the geographical
locations where such hindrance occurs, and identify targeted
programs for such cases.
Alternative Work Arrangements.--The Committee is evaluating
the impact of alternative work arrangements, including
telework, on productivity and office space and other resource
needs. The Committee directs the Department, on a component-by-
component basis, to provide a report within 120 days of
enactment of this act providing data on the number and
percentage of employees who are permitted to use alternative
work arrangements; the average number of days per month
employees used telework in FY 2023; and how alternative work
arrangements have impacted productivity, including comparisons
of productivity metrics for employees who telework versus
report to a Department facility. Further, the Committee directs
the Department, on a component-by-component basis, to provide a
report detailing any policies, whether formal or informal,
governing alternative work arrangements and safeguards designed
to ensure that employees are fully productive while taking
advantage of an alternative work arrangement.
Biometric Exit and Visa Overstay.--The Department is
directed to provide a spend plan for H-1B and L-1 fee revenues
and any other resources being applied to biometric exit
implementation not later than 30 days after the date of
enactment of this act. The Committee further directs the
Department to brief the Committee within 180 days of the date
of enactment of this act, to detail ongoing efforts to address
entry and exit data collection and exchange in the land border
environment. Further, pursuant to section 1376 of title 8,
United States Code, the Department is required to collect data
on nonimmigrants who have overstayed their visas and to report
annual estimates to Congress. The Committee expects that the
Department will provide the report on an annual basis. As
previously required, the Department shall submit an updated
report outlining its comprehensive strategy for overstay
enforcement and deterrence not later than 180 days after the
date of enactment of this act. The report shall detail the
ongoing actions to identify individuals who have overstayed
their visas, including those necessary to improve the
capabilities to report such information; notify individuals of
their required departure dates in advance; track such overstays
for enforcement action; refuse or revoke current and future
visas and travel authorization; and otherwise deter violations
or take enforcement action.
Charging Document Backlog.--The Committee is dismayed at
the Department's complete disregard for last year's requirement
to brief on a plan to address the charging document backlog.
The Department has had more than 18 months to address this
issue. Its failure to do so has left hundreds of thousands of
noncitizens in limbo, unable to start the formal removal
process. As such, within 30 days of the date of enactment of
this act and monthly thereafter, the Department is directed to
report to the Committee on progress made to address the
charging document backlog. The monthly report shall not only
provide detailed data on the number of charging documents
issued and the outstanding backlog, but it shall also detail
what actions both CBP and ICE have taken to address the
charging document backlog and to ensure that it will not grow.
The report shall also include resources in the form of FTE and
funding dedicated to closing the backlog.
Correct Addresses for Noncitizen Final Destination.--The
Committee is concerned that some noncitizens leaving the
physical custody of the Department do not have the correct
mailing address on their release paperwork which includes their
actual final destination, but rather have physical addresses of
local organizations. The failure to include the correct mailing
address makes it significantly harder for the noncitizen to
receive information from the Department, preventing the
noncitizen from fully complying with all immigration processes.
The Department is encouraged to examine the current policies
and procedures relating to the collection of mailing addresses
for those noncitizens who come into the physical custody or are
otherwise encountered by the Department and is discouraged from
supplying addresses where the noncitizen cannot provide.
Consolidation of Detention Inspections.--The Committee
believes that an aggressive, and well-funded, internal and
external inspection program is essential to ensure that
individuals in the physical custody of the Department reside in
safe, secure and humane environments. The Office of the
Immigration Detention Ombudsman [OIDO] was created to help
facilitate additional oversight of detention facilities,
however, after the Ombudsman's creation, other Departmental
components continue to also conduct detention inspections,
resulting in multiple, overlapping efforts and resource
competition. The Committee notes that the Department has failed
to submit the report as required by the report accompanying the
explanatory statement accompanying Public Law 117-328. Within
30 days of enactment of this act, the Department shall provide
the Committee with the report as directed in the explanatory
statement accompanying Public Law 117-328.
Border-Related Data and Transparency.--In addition to the
reporting requirements found in the National Defense
Authorization Act of 2017 (Public Law 114-328), the Committee
continues its requirement that the Department submit quarterly
Border Security Status reports and data on the deportation, or
removal, of the parents of citizen children semiannually.
DATA Act Reporting.--The Committee expects the Department
to submit timely, accurate, and complete financial and award
information under existing Department of the Treasury reporting
obligations in accordance with established management guidance,
reporting processes, and data standards established under the
requirements of the Digital Accountability and Transparency Act
(Public Law 113-101).
Colocation of Department Components.--Within 90 days after
the date of the enactment of this act, the Secretary of
Homeland Security shall submit to the subcommittee a report on
department efforts to colocate Department components and
activities into regional operating locations or campuses,
including to enhance operations and access to secure
facilities.
Countering-Unmanned Aerial Systems [UAS].--The Committee
remains concerned about the increasing threat that Unmanned
Aerial Systems [UAS] pose to our National security and to the
safety of the public and the Federal workforce, including their
use in facilitating illicit activity at the southern border.
The Secretary, in conjunction with the Office of Intelligence
and Analysis [I&A], and CBP. shall provide a report to the
Committee not later than 90 days after the date of enactment of
this act detailing the current threats posed by the use of
drones by transnational criminal organizations along the
Southern border, the Department's ability to address this
threat through counter-UAS activities, and any authorities that
would allow the Department to better interdict and deter UAS.
Department's Mission in Rural Areas.--The Office of
Partnership and Engagement is directed to provide a briefing to
the Committee not later than 90 days after the date of
enactment of this act on its outreach efforts to rural
communities and Tribes in their efforts to support the homeland
security mission.
Efficacy of Foreign Terrorist Organization Designation.--
Within 180 days of the date of enactment of this act, the
Department shall produce a report that identifies all
additional authority the Department would acquire if drug
cartels were formally designated as Foreign Terrorist
Organizations by the Secretary of State.
Ending Online Child Exploitation.--The Committee directs
the Department to brief the Committee semiannually on all of
the required data pertaining to Department-wide efforts to
combat human trafficking and child exploitation and provide the
appropriate committees of jurisdiction with an updated
comprehensive study on human trafficking as required in the
Trafficking Victims Protection Reauthorization Act of 2008
(Public Law 110-457). The briefing shall include steps the
Department has taken to respond to the recent media reports
concerning the safety and well-being of vulnerable
unaccompanied children.
Executive Order on Promoting Access to Voting.--The
President issued Executive Order 14019 on March 7, 2021,
entitled ``Promoting Access to Voting.'' Not later than 60 days
after the date of enactment of this act, the Department shall
provide a brief on any plans developed and actions taken with
respect to Executive Order 14019.
Family Reunification.--The Committee expects that the
Department will, consistent with assessments that it is in the
best interest of the child, and whenever possible, ensure that
separated family units are reunited prior to removal or
deportation, released from CBP or Bureau of Prisons custody, or
remain together upon transfer to ICE or ORR custody. The
Committee expects the Department to ensure that individuals
transferred from CBP to ICE custody, currently in ICE custody,
or under ICE supervision, have opportunities to report family
separation incidents; to verify the status, location, and
disposition of family members; and to regularly communicate by
telephone with one another. The Department shall also ensure
that agents and officers are properly trained in child welfare
screening for child victims of trafficking, in accordance with
the Trafficking Victims Protection Reauthorization Act of 2008
(Public Law 110-457).
Family Separation from Parents and Legal Guardians.--The
Committee remains concerned about the lasting traumatic harm
inflicted on children when they are separated from their
parents and legal guardians. The Committee strongly discourages
any such family separations, absent a specific and documented
determination by an OHS-hired, State-licensed child welfare
professional that such separation is in the best interests of a
child. When making such a determination, the Committee reminds
the Department that general criminal convictions unrelated to
the health, safety or welfare of the child, are irrelevant for
the purposes of making a recommendation to separate a child
from their parent or legal guardian. The Department is directed
to provide the Committee with a monthly report, which will be
made public on the Department's website, documenting when and
where all family separations occur, whether a State-licensed
child welfare professional determined that those separations
were in the best interests of the child; the ages of all
children separated from their family units; the nature of
administrative or criminal charges filed against the adult
family members; and the frequency of instances where family
units are removed or deported separately.
Future Goods and Services for Homeland Security Feasibility
Report.--The Secretary, in conjunction with Federal Emergency
Management Agency [FEMA] and Cybersecurity and Infrastructure
Security Agency [CISA], as well as relevant departmental
components and other Federal agencies and departments, shall
provide a report to the Committee not later than 90 days after
the date of enactment of this act on the feasibility of
producing an annual projection of needs for goods and services
regarding response to and recovery from nationwide events. The
feasibility report shall detail the ways in which sourcing
domestic and foreign supplies affects response and recovery
preparedness and shall include the potential impact of the
development of a program that communicates anticipated national
needs on the reliability of the supply chain.
Joint Requirements Council [JRC].--The Department is
directed to continue to provide quarterly briefings on the JRC,
which, at a minimum, shall include specific identification of
accomplishments for the preceding quarter, particularly those
that have resulted in any resource alignment, produced any cost
savings or resulted in any other efficiency. Furthermore, the
Department is directed to brief the Committee on alternative
methods to improve the Department's operational effectiveness
while ensuring DHS components possess the maximum degree of
flexibility to address mission critical challenges
Limited English Proficient Communities.--Not later than 90
days after the date of enactment of this act, and annually
thereafter, the Department is directed to provide a detailed
report to the Committee covering the Department's annual
advertising expenditures by component. The report shall
identify expenditures that relate to limited English proficient
communities and shall delineate between forms of advertising
such as television, radio, or Internet.
Norther Border Coordination Center.--Within 90 days after
the date of the enactment of this act, the Secretary of
Homeland Security shall submit to the subcommittee a report on
how a northern border coordination center would impact the
implementation of the Northern Border Strategy.
Parole Quarterly Report.--The Department is reminded of the
instruction in Public Law 117-103 to produce a quarterly report
on its use of parole authority, including the number of parole
requests received and granted, and for those granted, the
rational for each grant and its duration.
Quarterly Obligation Reports.--The Department shall
continue to submit quarterly obligation reports to the
Committee for all reception and representation expenses as
required in prior years. The Department shall refrain from
using funds available for reception and representation expenses
to purchase unnecessary collectibles or memorabilia.
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 noncitizens
encountered from countries who currently refuse to accept
returns. The report shall be submitted in unclassified form but
may contain a classified annex.
Report on Public Health Authorities in Title 8.--Within 180
days of the date of enactment of this act, the Department shall
examine whether Title 8 should be amended to include a
provision addressing immigration processing during a public
health emergency since Title 42 is an authority for the
Department of Health and Human Services.
Records Management.--The Committee expects the Department
to maintain records and respond to records requests, consistent
with the requirements of section 552 of title 5, United States
Code, for information related to all detainees in the custody
of the Department, regardless of whether such detainees are
housed in a Federal or non-Federal detention facility. The
Committee further notes that the Department should not withhold
records from disclosure unless the Department reasonably
foresees that disclosure would harm an interest protected by an
exemption described in section 552(b) of title 5, United States
Code or is otherwise prohibited by law.
Separation of Family Units.--The Committee remains
concerned about the separation of children from other family
members who may not be the parent or legal guardian, including
children who arrive with an adult sibling, grandparent, or
other family kinship unit. The Committee notes that the
Department has initiated a program, in coordination with the
Department of Health and Human Services [HHS], to process these
family units while maintaining family unity, without a change
in the law. The Department is directed to provide the Committee
with monthly updates on this program, including but not limited
to the number of children and/or family units processed by the
program, the number of successful sponsorships facilitated at
the border by the program, any instances of fraud, trafficking,
false family claims, or other unsuccessful disenrollments of
the program, and efforts by the Department to ensure the safety
and welfare of children. The Committee is also aware that some
children arriving with other family members, are sometimes
classified as ``accompanied'' children or otherwise deprived of
statutory protections provided for unaccompanied children in
existing law when they are expelled or not processed as an
unaccompanied child. The Committee is concerned that the
Department lacks unified definitions, polices, and field
guidance, informed by child welfare experts, reflecting a more
accurate definition of family unit. The Committee directs the
Department to develop consistent policy addressing these family
units in collaboration with other Federal agencies that work
with unaccompanied children and informed by child welfare
principles. The policy shall seek to maintain family unity for
children arriving without a parent or legal guardian, preserve
the child's right to seek humanitarian protection and/or be
released from the Department's custody pursuant to Federal law,
and facilitate and expedite necessary processing to place or
release the child with the arriving individual consistent with
existing law and policy regarding unaccompanied child sponsors.
Not later than 90 days after the date of enactment of this act,
the Department shall brief the Committee on any changes
resulting from this direction to policy.
State Police and Crime Labs.--The work of CBP, ICE, the
Coast Guard, and the Secret Service includes investigations and
operations in communities throughout the United States. As a
result, the Department often shares capabilities and relies
upon cooperation with SLTT and foreign law enforcement
agencies, including State police crime labs. These labs provide
the Department with a number of critical capabilities,
including fingerprint, drug, and cellular telephone analysis.
Likewise, these capabilities are the same services shared among
SLTT and foreign law enforcement agencies. Coordination among
these agencies not only ensures efficient use of resources, it
also improves public safety outcomes. To that end, the
Department should continue to work with State crime labs where
available, particularly in areas not adequately served by
Department labs or other Federal facilities. The Department
should also continue to provide any assistance that is
appropriate to State police crime labs to ensure Federal
requirements do not burden State resources. Moreover, in areas
where the Department frequently relies on State crime labs,
additional support may be appropriate to prevent the
accumulation of backlogs that can slow investigations. The
Department shall report on its use of and partnerships with
State crime labs, including funds associated with such
partnerships, and should fully reimburse State crime labs for
the service they provide to the Department.
Study of Costs Absorbed by Components and Funding
Alignment.--The Committee is aware that for many years
challenges have existed in aligning funding across multiple
components' function, capabilities, and activities at the
border. Additionally, the Committee is aware that many of the
prior solutions are drastically outdated and do not account for
the increased costs associated with 2023 realities, such as the
2011 agreement for medical costs associated with individuals in
CBP custody, and transportation challenges from the border for
noncitizens. Within 180 days of the date of enactment of this
act, the Committee directs the Secretary to examine the funding
sources and agreements between all components with a permanent
presence at the border to determine whether funding sources
should be realigned or agreements updated or terminated and
shall make such recommendations to the Committee in its fiscal
year 2025 Budget Request, including any proposed language
changes. Such examination shall include, at a minimum, health
and medical costs for all noncitizens, regardless of which
component has legal custody, transportation-related expenses,
and housing and custody costs. The review shall properly
examine downstream costs on components if one component engages
in a significant policy change, such as release of noncitizens
without proper processing, and make recommendations on the
proper alignment of funding.
Tribal Consultation.--Department personnel interact with
Tribes and thousands of Tribal members every day. Some
Department personnel do not have training on Tribal issues,
which may lead to misunderstandings that negatively impact
Tribes, Tribal members, and ultimately, the Department. The
Committee recognizes that the Department is required under
Executive Order 13175 to consult and coordinate with Tribal
governments. Within 180 days of the date of enactment of this
act, the Department shall consult and work with Tribes to
improve the mandatory base level training course for Department
personnel, including but not limited to FTE, part time
employees, and contractors, who have regular interactions with
Tribal members or are likely to encounter Tribal members at
their duty station.
Women in Law Enforcement.--Within 90 days of the date of
enactment of this act, the Department shall brief the Committee
on current Department-wide efforts to recruit and retain women
in law enforcement. At a minimum, the briefing shall include
information of all law enforcement components detailing: an
overview of current recruitment and retention efforts of women
by component; with base funding for such efforts; success of
current efforts including identification of the metrics of
success by fiscal year; and the current percentage of women in
law enforcement and their seniority per component. The briefing
shall also identify planned recruitment and retention efforts
by component for the next fiscal year, any funding requirements
to improve the recruitment and retention of women in law
enforcement fields by component with comparisons of similar
efforts by other Federal law enforcement agencies, including
the Department of Justice, and provide recommendations by
component for new programs or efforts that would further
support the recruitment and retention of women in law
enforcement.
Terrorism Watch List.--The Department shall notify Congress
within 7 days if an individual on the Federal Bureau of
Investigation's Terrorist Screening Data Set is encountered by
the Department at or between a port of entry.
Parole Report.--The Department is reminded of the
instruction in Public Law 117-103 to produce a report on its
use of parole authority, including the number of parole
requests received and granted, and for those granted, the
rationale for each grant and its duration. The report shall now
be required on a monthly basis and shall be released at the
same time as CBP releases its monthly operation statistics
update.
Countering Domestic Terrorism.--The Committee is concerned
about the Department's consultation and coordination with non-
governmental organizations to identify what constitutes
``extremism'' and ``extremist organizations''. Therefore,
within 90 days of enactment of this act, the Secretary shall
brief the Committees and make publicly available a report
regarding the ways in which the Department consults with and
utilizes non-government organizations and non-profit entities
to track allegedly ``extremist'' groups operating in the United
States.
OFFICE OF STRATEGY, POLICY, AND PLANS
Center for Prevention Programs and Partnerships.--The
Committee directs the Department to coordinate with the
Department of Justice, the Federal Bureau of Investigation, and
key public safety officials across the Nation to promote
information sharing and ensure an effective, responsive, and
organized joint effort to combat domestic terrorism. The
Committee further directs the Department to review the anti-
terrorism training and resource programs that the Department
provides to Federal and SLTT law enforcement agencies and
ensure that such programs include training and resources to
assist SLTT law enforcement agencies in understanding,
detecting, deterring, and investigating acts of domestic
terrorism and extremists' activities targeting infiltration of
law enforcement agencies. The Committee also directs the
Department to report to the Committee within 90 days of the
date of enactment of this act on the Department's assessment of
the domestic terrorism threat, including extremists' activities
targeting infiltration of Federal and SLTT law enforcement
agencies. Such report shall also include an analysis of
incidents or attempted incidents of domestic terrorism that
occurred in the United States during the preceding fiscal year.
Within 180 days of the date of enactment of this act, the
Department shall produce a report that provides a description
of all procedural and substantive 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, as well
as of any other applicable statutory or regulatory provisions.
Policy on Legal Orientation and Access Within all
Department Facilities.--The Committee is concerned that
noncitizens do not have a sufficient understanding of their
rights, obligations, and responsibilities within the
immigration system. The Committee is aware that immigration-
benefit request outcomes and the pace of processing can be
substantially different when all parties are represented by
competent counsel. Within 180 days of the date of enactment of
this act, the Department in cooperation with the OCRCL, shall
brief the Committee on the benefits, challenges and the
potential overall impact on the immigration system, if legal
orientation and access programs were required or permitted in
all custody and detention facilities. The briefing shall
discuss the specific changes necessary to facilitate legal
orientation and meaningful access if conducted in facilities
where the right to counsel does not presently exist and
identify the necessary funding requirements.
Small Unmanned Aircraft Systems [sUAS] Procurement.--The
Committee remains concerned about the threat of foreign-made
sUAS collecting intelligence on U.S. national security
facilities and critical infrastructure. For the purposes of
securing and protecting infrastructure critical to national
security, requirements for purchases of American-made UAS
should be implemented as soon as practicable. Until such
requirements are in place, for any acquisition using funds in
this act, including those by Federal grant recipients, the
Department shall require certification of review of the
industry alert, and any subsequent UAS guidance, and completion
of a risk assessment that considers the proposed use of the
foreign-made UAS. The Committee directs the Department to
conduct a review of domestically produced alternatives and
update guidance, as appropriate.
OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES
Language Access Programs.--Within 180 days of the date of
enactment of this act, OCRCL shall conduct an analysis of
existing language access plans for the Department. The report
shall include but not be limited to: (1) an assessment of
current language access plans; (2) whether existing language
access plans meet applicable requirements; and (3) whether any
legal rights orientations are provided in the appropriate
language for migrants participating in agency programs. Any
recommendations developed after review of the existing plans
shall utilize the four-factor analysis identified in Section 4
of the Department's Master Language Access plan.
287(g) Agreements.--OCRCL shall conduct an assessment of
every jurisdiction delegated law enforcement authority under
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)). The office is directed to issue and publish online,
with redactions only as required by the Freedom of Information
Act [FOIA], an annual report for each participating
jurisdiction including: (1) assessment of whether the terms of
the delegation of authority are being followed, including
whether participating jurisdictions are engaged in immigration
enforcement activities outside the terms or scope of the
agreement; (2) assessment of compliance with steering committee
requirements including frequency of steering committee
meetings, number of participants, and record of attendance at
such meetings by ICE; (3) data and information related to
individuals placed into removal proceedings by 287(g)-
designated officers that would be necessary or useful in
identifying patterns of racial profiling or other
unconstitutional police practices, including nationality, race,
gender, and criminal charges or convictions; (4) documentation
of any alleged civil rights and liberty violations committed by
the participating jurisdiction; (5) any plans for future
expansion of or changes to the program in that participating
jurisdiction; and, (6) any reports to the OIG or Secretary as
to whether the terms of the agreement governing the delegation
of authority have been materially violated and/or whether the
participating jurisdiction has any alleged or reported pattern
or practice of civil rights violations.
OFFICE OF HEALTH SECURITY
Child Welfare Professionals.--Within 60 days of the date of
enactment of this act, the Department shall provide a report to
the Committee detailing the status and plan of fully onboarding
previously funded licensed child welfare professionals. The
report shall identify how many licensed child welfare
professionals have been hired, how many additional
professionals the Department intends to hire, where such
professionals are or will be assigned, and how the Department
is utilizing or intends to utilize such professionals.
PRIVACY OFFICE
Collected Personal Information.--Within 180 days of the
date of enactment of this act, the Secretary shall submit to
the Committee, a report detailing the collection and use of
personal information by all components of the Department. The
report shall include information about the collection of
personally identifiable data of U.S. and non-U.S. persons by
all components of the Department, including data reflecting
expressive or associational activities, and including but not
limited to collection from social media platforms, data
brokers, electronic devices, applications for services and
accreditations provided by components, encounters at ports of
entry, and other travel information. It shall also include how
the data is stored and shared, or accessed, which internal
components it is shared with, which external partners inside
and outside the Federal Government, including but not limited
to local, State and Tribal law enforcement, foreign
governments, and private businesses it is shared with, the
legal basis for its collection, and all civil rights, civil
liberties and privacy mechanisms that are used to protect the
rights of individuals whose data is accessed, stored, or
shared. Finally, the report shall address any mechanisms that
allow individuals to seek redress if they believe that they are
erroneously included in any of the lists maintained by the
Department or erroneously subjected to additional screening,
scrutiny, or surveillance as a result of a Department risk
assessment process. The report shall be provided in an
unclassified manner that can be shared with the public to the
greatest extent possible and with a classified annex as
necessary.
IMMIGRATION DETENTION OMBUDSMAN
Report on Ombudsman Independence.--The Committee is
concerned that the Ombudsman Office is not truly independent of
the Department, which necessarily impacts the Ombudsman's
ability to be impartial, fair, maintain confidentiality, and
engage in a credible review process of complaints and concerns
brought to the Ombudsman by employees, the public, or
individuals in the physical custody of the Department. The
Committee would like to see the Ombudsman truly become an
independent entity that rests outside of the Department,
similar to the independent nature of the Department OIG. Until
such time as the Ombudsman can be moved from the Department,
the Ombudsman is directed to report to the Committee, no less
than monthly, any instances where the Ombudsman's independence,
impartiality, confidentiality, or fairness are impeded due to
the organizational structure of the Ombudsman.
FEDERAL ASSISTANCE
The committee recommends $32,900,000 for Federal
Assistance, which shall be transferred to the Federal Emergency
Management Agency for evidence-based targeted violence and
terrorism prevention grants and the Alternatives to Detention
[ATD] Case Management Pilot Program.
Appropriations, 2023.................................... $40,000,000
Budget estimate, 2024................................... 35,000,000
Committee recommendation................................ 32,900,000
Management Directorate
The Management Directorate has responsibility for oversight
of the management and operations of the Department. The
specific activities funded by this appropriation include the
Immediate Office of the Under Secretary for Management [IOUSM],
the Office of the Chief Readiness Support Officer [CRSO], the
Office of the Chief Human Capital Officer [CHCO], the Office of
the Chief Security Officer [CSO], the Office of the Chief
Procurement Officer [CPO], the Office of the Chief Financial
Officer [CFO], the Office of the Chief Information [CIO], and
the Office of Biometric Identity Management [OBIM].
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,774,317,000 for the Management
Directorate, which is $669,328,000 below the budget request
amount and $294,088,000 below the fiscal year 2023 enacted
level. The Committee continues to support the Department's
efforts to provide greater transparency of the cost of
management operations and to strengthen integration,
coordination, and performance across components. The following
table summarizes the Committee's recommendation as compared to
the fiscal year 2023 enacted and budget request levels:
MANAGEMENT DIRECTORATE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management.... 6,675 6,896 6,652
Office of the Chief Readiness Support Officer............. 275,791 265,218 263,712
Office of the Chief Human Capital Officer................. 150,174 156,899 146,084
Office of the Chief Security Officer...................... 188,700 203,844 197,056
Office of the Chief Procurement Officer................... 92,940 97,332 97,332
Office of the Chief Financial Officer..................... 114,213 119,004 118,856
Office of the Chief Information Officer................... 630,850 626,771 616,599
Office of Program Accountability and Risk Management...... 18,245 19,842 17,054
Office of Biometric Identity Management................... 265,572 237,607 237,607
-----------------------------------------------------
Total, Operations and Support......................... 1,743,160 1,733,413 1,700,952
=====================================================
Construction and Facility Improvements.................... 188,000 526,474 ................
Mission Support Assets and Infrastructure................. 116,293 173,758 63,365
Homeland Advanced Recognition Technology.................. 20,952 10,000 10,000
-----------------------------------------------------
Total, Procurement, Construction, and Improvements.... 325,245 710,232 73,365
=====================================================
Total, Management Directorate......................... 2,068,405 2,443,645 1,774,317
----------------------------------------------------------------------------------------------------------------
OPERATIONS AND SUPPORT
Appropriations, 2023.................................... $1,743,160,000
Budget estimate, 2024................................... 1,733,413,000
Committee recommendation................................ 1,700,952,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,700,952,000 for Operations and
Support [O&S], which is $32,461,000 below the budget request
amount and $42,208,000 below the fiscal year 2023 enacted
level.
Component Obligation Plans.--The Department shall continue
submitting obligation plans in a timely manner to the Committee
on a quarterly basis, consistent with direction provided in the
explanatory statement accompanying Public Law 114-113, and
shall ensure that the obligation plans are connected to
activity-level details in the budget justification materials.
OFFICE OF THE CHIEF HUMAN CAPITAL OFFICER
DHS Cybersecurity Professionals.--Not later than 60 days
after the date of enactment of this act, OCHCO, in coordination
with OCIO and CISA, shall brief the Committee on the status of
hiring cybersecurity professionals and proposed solutions to
develop standardized metrics used to ensure consistency in
identifying skills and talents of employees across the
Department. The briefing shall include recommendations on how
IT-focused jobs can be classified for qualification standards
that could be updated to meet the Department's needs, and shall
incorporate the use of the new Cybersecurity Talent Management
System [CTMS].
Hiring in Rural Communities.--Departmental components
continue to face challenges with filling vacant positions and
providing for public safety in non-contiguous and rural States.
Challenges in recruiting and retaining Federal employees have
exacerbated chronic staffing problems at areas critical to
public safety. The Department is urged to examine how small
businesses, including Native American, Alaska Native, and
Native Hawaiian small businesses, could help the Department
fill its unmet needs in communities and the Department is
encouraged to explore existing opportunities to fill vacancies
where possible. Not later than 90 days after the date of
enactment of this act, the Department shall provide a report to
the Committee on the challenges of recruiting and retaining
Federal employees in non-contiguous and rural States. The
report shall include a clear description of the obstacles
related to using small businesses, information about rates of
attrition, the number of unfilled positions, and the duration
of time those positions have remained vacant. The report shall
also provide an assessment of the effect these vacancies have
on the ability of components to accomplish their statutory and
administrative responsibilities and shall specifically describe
steps the Department has taken to address the identified
challenges or identify requirements to address the identified
challenges.
OFFICE OF THE CHIEF FINANCIAL OFFICER
Fiscal Year 2025 Budget Justification.--The CFO is directed
to ensure that fiscal year 2025 budget justification materials
for classified and unclassified budgets of all components are
submitted, concurrent with the President's budget submission to
the Congress.
The justifications shall continue to include:
--Detailed data and explanatory descriptions for each request
and for each PPA, including offices that have been
identified as PPAs, reflected in the table at the end
of this explanatory statement. Information should be
presented in quantifiable terms with specific
breakdowns of the funding.
--Tables that compare prior year actual appropriations and
obligations, estimates of current year appropriations
and obligations, and the projected budget year
appropriations and obligations for all PPAs, sub-PPAs,
and FTE, including identifying each adjustment to base,
transfer, program increase, program decrease, and
staffing change proposed in fiscal year 2025.
--Year-to-year changes described in terms that are clear and
unambiguous, excluding nonspecific terms such as
``technical adjustment'' or ``administrative change''
unless accompanied by a detailed explanation.
Explanations of adjustments to base funding, whether
increases or decreases, should be specific and compared
to prior year activity level, not just the entire PPA
level. All requested increases shall be justified with
measurable outcomes above the current baseline of
activity. If the Department does not have a current
measure of such baseline activity, the Department shall
establish one before requesting an increase.
--For each operations and support PPA or sub-PPA reflected in
the table at the end of this explanatory statement, a
breakdown, for fiscal year 2024 enacted amounts and
fiscal year 2025 requested amounts, of pay and non-pay
amounts.
--For investment end items with severable unit costs in
excess of $250,000 or a lifecycle cost in excess of
$300,000,000 the project description, justification,
total cost, and scope; key acquisition milestones from
the prior year, year of execution, and budget year; the
funding history by fiscal year, to include prior
enacted appropriations, obligations, and expenditures;
contract information to include contract number,
contractor, type, award date, start date, end date,
earned value management potential in the contract, and
total contract value; and significant changes to the
prior year enacted budget, project schedule, and
estimated time to completion.
--For severable end items, the quantity of each item by prior
years, current year, budget year, and out-year; the
quantity of units delivered on contract, funded but not
yet on contract, and planned but unfunded; and the
delivery schedule by quarter for the end item,
delineated by fiscal year funding.
--Information by appropriation and PPA on all reimbursable
agreements and significant uses of the Economy Act
(Public Law 73-2) for each fiscal year.
--An accurate, detailed table identifying the last year that
authorizing legislation was enacted into law for each
appropriation, including the amount of the
authorization, when the authorization expires, and the
appropriation in the last year of authorization.
--The text and citation of all Department appropriations
provisions enacted to date that are permanent law.
--Explanations and justifications for all proposed
legislative changes, whether they are new or amend
existing law and whether they are substantive or
technical in nature, with an annotated comparison of
proposed versus existing language.
--A report on the status of overdue Committee-required
reports, plans, or briefings for each of fiscal years
2023 and 2024.
Additionally, the CFO, working with component agencies,
shall ensure that output from predictive models used by
agencies to inform likely impacts to future workloads are
incorporated into the Department's fiscal year 2025 budget
justification materials. For each relevant program area, budget
materials shall clearly describe and quantify the projections
used to inform resource requests, indicate the agencies
impacted by the projections, and confirm whether the budget
requests for those agencies were developed using the same
assumptions. While the Committee recognizes that deviations in
spend plans are likely in program implementation, the
Department is directed to notify the Committee when
significant, policy related changes are made to spend plans.
Any significant new activity that has not been explicitly
justified to the Committee or for which funds have not been
provided in appropriations acts requires the submission of a
reprogramming or transfer request.
OFFICE OF THE CHIEF INFORMATION OFFICER
Technology Modernization Fund [TMF] Reporting.--The
Committee supports the Department's efforts to leverage the TMF
to improve the delivery of mission critical services. The
Committee directs the Department to provide notice to the
Committee when the Department, or a component agency, submits
an initial project proposal to the Technology Modernization
Board. If a proposal from the Department or component agency is
accepted, the Department shall provide the Committee a briefing
on the project and the plan for paying back the TMF, e.g.,
identify projected cost savings immediately thereafter.
OFFICE OF THE CHIEF PROCUREMENT OFFICER
Domestic Supply Chain Report.--Not later than 180 days
after the date of enactment of this act, the Secretary shall
provide a report to the Committee with recommendations on how
the Department may procure additional items from domestic
sources and bolster the domestic supply chain for items related
to national security. The report shall include a status of the
compliance of the Department with the requirements under
section 604 of title VI of division A of the American Recovery
and Reinvestment Act of 2009 (6 U.S.C. 453b) to buy certain
items related to national security interests from sources in
the United States.
OFFICE OF BIOMETRIC IDENTITY MANAGEMENT
Briefings on the Homeland Security Advanced Recognition
Technology [HART].--The Committee remains concerned with the
continuing delays and cost overruns for HART and directs the
Department to continue to provide disclosure of technologies,
data collection mechanisms, and sharing agreements among
Department agencies, other Federal, State, local, and foreign
law enforcement agencies, and fusion centers as it relates to
the development of the HART biometric database. In cases where
the Department relies on information obtained through the HART
database or through the State Department foreign intelligence
sharing, to separate a minor child from a parent, primary
caregiver, or close relative who is caring for or traveling
with that child, the Department shall report this incident to
the OIG and OCRCL within 24 hours of the separation.
Quarterly Briefings.--OBIM is directed to continue briefing
the Committee on a quarterly basis on its workload, service
levels, staffing, modernization efforts, and other operations.
These briefings shall further detail how much support OBIM is
providing by Departmental component.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2023.................................... $325,245,000
Budget estimate, 2024................................... 710,232,000
Committee recommendation................................ 73,365,000
FEDERAL PROTECTIVE SERVICE
The Federal Protective Service [FPS] is responsible for:
the security and protection of Federal property under the
control of the General Services Administration [GSA]; the
enforcement of laws pertaining to the protection of persons and
designated property; the prevention of breaches of peace; and
enforcement of any rules and regulations made and promulgated
by the GSA Administrator or the Secretary. The FPS authority
can also be extended by agreement to any area with a
significant Federal interest. The FPS account provides funds
for the salaries, benefits, travel, training, and other
expenses of the program.
The following table summarizes the Committee's
recommendation as compared to the fiscal year 2023 enacted and
fiscal year 2024 budget request levels:
FEDERAL PROTECTIVE SERVICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
FPS Operations............................................ 457,300 466,777 466,777
Countermeasures........................................... 1,656,179 1,737,610 1,737,610
-----------------------------------------------------
Subtotal, Federal Protective Service.................. 2,113,479 2,204,387 2,204,387
=====================================================
Offsetting fee collections................................ -2,113,479 -2,204,387 -2,204,387
----------------------------------------------------------------------------------------------------------------
COMMITTEE RECOMMENDATIONS
The Committee recommends $2,204,387,000 for FPS, as
requested, and these amounts are offset by collections paid by
GSA tenants and credited to the account.
Appropriations, 2023.................................... $2,113,479,000
Budget estimate, 2024................................... 2,204,387,000
Committee recommendation................................ 2,204,387,000
INTELLIGENCE, ANALYSIS, AND SITUATIONAL AWARENESS
The Intelligence, Analysis, and Situational Awareness
appropriation supports activities to improve the analysis and
sharing of threat information and includes activities of the
Office of Intelligence and Analysis [I&A] and the Office of
Situational Awareness [OSA]. The following table summarizes the
Committee's recommendation as compared to the fiscal year 2023
enacted and fiscal year 2024 budget request levels:
INTELLIGENCE, ANALYSIS, AND SITUATIONAL AWARENESS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and Support.................................... 316,640 349,424 341,497
Procurement, Construction, and Improvements............... ................ 23,831 ................
-----------------------------------------------------
Subtotal, Intelligence, Analysis, and Situational 316,640 373,255 341,497
Awareness............................................
----------------------------------------------------------------------------------------------------------------
OPERATIONS AND SUPPORT
Appropriations, 2023.................................... $316,640,000
Budget estimate, 2024................................... 349,424,000
Committee recommendation................................ 341,497,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $341,497,000 for Operations and
Support [O&S], $7,927,000 below the budget request amount, and
$24,857,000 above the fiscal year 2023 enacted level.
Intelligence Data Environment for Analytics [IDEA].--The
recommendation does not include the requested $688,000 for the
IDEA.
Other Reductions.--The recommendation includes other
reductions totaling $7,239,000 below the budget request amount
for O&S.
Annual Budget Justification Materials.--The fiscal year
2025 budget justification materials for the classified budget
shall include the same level of detail required for other
appropriations and PPAs.
Caribbean Threat Assessment.--The Committee is concerned
about increased criminal activity and investment by foreign
adversaries in the Caribbean and appreciates the Department's
prior work on the issue. However, the Committee notes that past
assessments have not been solely dedicated to this region and
have not contained sufficient specificity to assist lawmakers
to the fullest extent. The Committee recognizes the need for an
in-depth threat assessment by the Department pertaining to
threats emerging from criminal activity and investment by
foreign adversaries in the Caribbean. Thus, within 90 days of
the date of enactment of this act, the Department is directed
to conduct an in-depth threat assessment as it relates to
threats posed to the United States homeland by increased
criminal activity, including drug, weapons, and human
trafficking, and investment by countries identified by the
United States as foreign adversaries in the Caribbean. The
assessment may also contain resource allocation and policy
recommendations for combatting such threats.
Intelligence Expenditure Plan.--The Department's Chief
Intelligence Officer is directed to brief the Committee on the
fiscal year 2024 expenditure plan for the Office of
Intelligence and Analysis within 30 days of the date of
enactment of this act. The plan shall include the following:
(1) fiscal year 2024 expenditures and staffing allotted
for each program as compared to fiscal years 2020 through 2023;
(2) all funded versus on-board positions, including FTE,
contractors, and reimbursable and non-reimbursable detailees;
(3) a plan for all programs and investments, including
dates or timeframes for achieving key milestones;
(4) allocations of funding within each PPA for individual
programs and a description of the desired outcomes for fiscal
year 2024; and
(5) items outlined in the classified annex accompanying
the fiscal year 2022 explanatory statement, updated for fiscal
year 2024.
Continuation of Fiscal Year 2022 Requirements.--The
Department is directed to continue providing in fiscal year
2024 any briefing and report as outlined in the classified
annex accompanying the fiscal year 2022 explanatory statement.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2023....................................................
Budget estimate, 2024................................... $23,831,000
Committee recommendation................................................
COMMITTEE RECOMMENDATIONS
The Committee recommends $0 for Procurement, Construction,
and Improvements [PC&I], $23,831,000 below the budget request
amount, and the same as the fiscal year 2023 enacted level.
OFFICE OF INSPECTOR GENERAL
The Office of Inspector General [OIG] conducts audits,
inspections, investigations, and other reviews of the
Department's programs and operations with the goal of
preventing and detecting fraud, waste, and abuse.
OPERATIONS AND SUPPORT
Appropriations, 2023.................................... $214,879,000
Budget estimate, 2024................................... 228,371,000
Committee recommendation................................ 237,000,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $237,000,000 for Operations and
Support [O&S], which is $8,629,000 above the budget request and
$22,121,000 above the fiscal year 2023 enacted level.
OPERATIONS AND SUPPORT
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and Support.................................... 214,879,000 228,371,000 237,000,000
-----------------------------------------------------
Total, Office of Inspector General.................... 214,879,000 228,371,000 237,000,000
----------------------------------------------------------------------------------------------------------------
Inspectors General across the government, including the
Department's OIG, perform a critical function on behalf of the
Congress and the American public. Between fiscal years 2018 and
2022, OIG estimates that its work to deter waste, fraud, and
abuse saves the Department $14.85 for every $1.00 obligated in
support of OIG operations.
Custody Operations Reporting.--OIG shall continue its
program of unannounced inspections of immigration detention
facilities. OIG shall publish its final report regarding the
inspections within 180 days of the date of enactment of this
act. The Secretary shall ensure that the results of the
inspections, and other reports and notifications related to
custody operations activities, are posted on a publicly
available website.
Denial of OIG Access to Records and Information.--The
Committee is concerned about denials and delayed responses by
Department component agencies to OIG requests that are properly
scoped. The OIG shall provide a monthly report to the Committee
concerning efforts of components to prevent or impede OIG
access to such records, documents, or other materials. The
report shall include at a minimum, a summary of the OIG
request, including the justification or legal rationale for the
request, a description of the component response to the
request, and any other information the OIG determines is
appropriate.
Quarterly Budget and Staffing Briefings.--The OIG shall
continue to provide the Committee quarterly budget and staffing
briefings which shall include all available funding sources,
contracts, and contract staffing.
TITLE I--ADMINISTRATIVE PROVISIONS
Section 101. The Committee continues a provision regarding
grants or contracts awarded by means other than full and open
competition and requires OIG to review them and report the
results to the Committee.
Section 102. The Committee continues a provision requiring
the Chief Financial Officer to submit monthly budget execution
and staffing reports within 30 days after the close of each
month.
Section 103. The Committee continues a provision requiring
the Secretary, in conjunction with the Secretary of Treasury,
to notify the Committee of any proposed transfers from the
Department of the Treasury Forfeiture Fund to any agency at the
Department.
Section 104. The Committee continues a provision related to
official travel costs of the Secretary and Deputy Secretary.
Section 105. The Committee continues a provision related to
acquisition reporting.
Section 106. The Committee continues a modified provision
related to pilot projects undertaken by the Department.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
U.S. Customs and Border Protection [CBP] is responsible for
enforcing laws regarding the admission of foreign-born persons
into the United States and for ensuring that all goods and
persons entering and exiting the United States do so legally.
COMMITTEE RECOMMENDATIONS
The Committee recommends $18,092,605,000 for CBP, which is
$1,646,543,000 above the budget request amount and $65,210,000
above the fiscal year 2023 enacted level when adding in
$1,563,143,000 provided in fiscal year 2023 border management
funding.
The following table summarizes the Committee's
recommendation as compared to the fiscal year 2023 enacted and
fiscal year 2024 budget request levels:
U.S. CUSTOMS AND BORDER PROTECTION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and Support.................................... 15,590,694 15,384,921 16,598,076
Small Airport User Fee.................................... 12,000 27,000 17,000
Columbia Free Trade Collections........................... 280,000 325,000 325,000
Procurement, Construction, and Improvements............... 581,558 719,141 1,152,529
-----------------------------------------------------
Total, Customs and Border Protection.................. 16,464,252 16,446,062 18,092,605
=====================================================
Total, CBP with FY23 Title V Border Management Funding 18,027,395 16,456,062 18,092,605
=====================================================
Estimated fee collections:
Immigration inspection user fee....................... 642,788 823,034 823,034
Immigration enforcement fines......................... 237 841 841
ESTA.................................................. 50,684 58,005 58,005
Land border inspection fee............................ 62,537 81,907 81,907
COBRA fee............................................. 532,102 723,085 723,085
APHIS inspection fee.................................. 417,000 577,500 577,500
Puerto Rico Trust Fund................................ 224,931 323,174 323,174
Virgin Island fee..................................... 11,649 11,754 11,754
Customs Unclaimed Goods............................... 2,519 4,120 4,120
9/11 Response and Biometric Account................... 46,540 61,000 61,000
-----------------------------------------------------
Total, Estimated fee collections.................... 1,990,987 2,664,420 2,664,420
=====================================================
Reimbursable Preclearance................................. 39,000 39,000 39,000
Global entry user fee..................................... 174,000 346,000 346,000
Transfer Out.............................................. -800,000 ................ -752,000
-----------------------------------------------------
Total, U.S. Customs and Border Protection, available 17,868,239 19,505,482 20,390,025
funding..............................................
----------------------------------------------------------------------------------------------------------------
Combatting Fentanyl, Opioids, and Other Synthetic Narcotics
and Disrupting and Dismantling Transnational Criminal
Organizations [TCOs].--The Committee provides $824,385,000 to
CBP and ICE for a range of critical and unprecedented
investments in the fight to stem the flow of fentanyl and other
synthetic narcotics into the U.S. Such funds will also extend
the fight beyond the border, and support and expand efforts to
disrupt and dismantle the TCOs' business model abroad involving
an endless cycle of narcotics, firearms, and human trafficking
which threatens lives at home and abroad. Of this amount,
$719,385,000 is provided to CBP for improving the detection and
seizure of fentanyl at ports of entry with investments in
equipment, labs, and personnel for both inbound and outbound
operations. For inbound operations, this level of funding is
expected to result in an increase from 40 percent to 65 percent
of passenger vehicles scanned entering the U.S. with
$199,485,000 for non-intrusive inspection [NII] equipment,
$24,300,000 to expand existing capabilities at 16 labs and new
labs at 8 ports of entry, $8,100,000 for a new Joint Fentanyl
Signature Lab in El Paso with the DEA and FDA, and $75,000,000
for 500 new CBP officers and mission support staff.
For outbound operations, this level of funding will triple
the number of ports of entry on the southwest border with
dedicated outbound capabilities to stop the flow of currency,
firearms, ammunition, and other contraband being trafficked
across the southern border to Mexico in connection with the
sale of fentanyl. Building from three locations funded from
fiscal year 2023 funding to a total of nine locations with
$70,000,000 for NII and $30,000,000 for 200 new CBP officers
and mission support staff. Additionally, $312,500,000 is
funded, as requested, for fully deploying previously funded NII
and development of new algorithms and other technology
improvements.
Within 60 days of the date of enactment of this act, CBP
shall provide the Committee a spend plan with timeframes for
the execution of these funds and projected performance impacts
to operational capabilities as a result of these funds. CBP
shall update the Committee on a monthly basis on the use of
these funds and provide actual performance impacts against
projections.
Integrating Budget Requests.--The Committee receives
individual requests for funding for personnel, technology,
equipment, infrastructure, and services for CBP operations that
do not take into account how funding in one area impacts
another. To date, the Committee must assess and fund these
requests as stand-alone budget proposals, potentially resulting
in funding imbalances across CBP programs and minimizing the
value of investments. To make more informed budget decisions,
CBP must provide the Committee with appropriate data that
describes and quantifies the relationships between investments.
The Committee continues its direction to CBP to include with
any requests for new funds a description of other programs the
investment is expected to impact and a description of the
anticipated impact. This should apply to both internal CBP
impacts and to impacts across other DHS components. The
Committee directs CBP to provide a plan and a briefing within
60 days of the date of enactment of this act on how the agency
will comply with this requirement, to include how CBP plans to
adjust internal planning and budgeting processes in order to be
able to capture the data necessary to fully comply with this
requirement.
Developing and Using Predictive Analytics.--The Committee
has a long history of funding analytic and modeling
capabilities across CBP, from the Advanced Trade Analytics
Platform to tools that project future flow of travel and trade
to the U.S. The development and use of the output from these
investments brings a critical understanding of future workload
and the optimal requirements to meet that workload in a more
cost effective manner. Unfortunately, much of the data
resulting from these investments are not provided to the
Committee through budget justifications and reporting
requirements. The Committee directs CBP to provide within 45
days of the date of enactment of this act, a list of all
analytic and modeling capabilities at the agency, a description
of the data provided by those capabilities, how CBP currently
uses that data, and any plans to expand that use. Further, CBP
shall provide a briefing within the same time period to the
Committee with a plan to incorporate the data output from
analytic and modeling investments into reporting requirements
in fiscal years 2024 and 2025, and budget justifications for
fiscal year 2026.
Prioritizing the Acquisition of Innovative and Emerging
Technologies and Capabilities.--The Commissioner shall ensure
that all funding provided in this act for the acquisition of
operational or administrative technology, equipment, and
services focuses on innovative and emerging capabilities.
Agency policies should prioritize the testing and, when testing
results support a sound business case, their acquisition and
operationalization. New technologies, including artificial
intelligence [AI]/machine learning [ML] tools and autonomous
capabilities, are critical for improving mission performance
and personnel effectiveness. Within 60 days of the date of
enactment of this act, CBP shall provide a briefing to the
Committee on a plan to better prioritize innovative and
emerging technologies and autonomous capabilities into the
agency's internal planning, budgeting, and programming
processes.
OPERATIONS AND SUPPORT
Appropriations, 2023.................................... $15,590,694,000
Budget estimate, 2024................................... 15,384,921,000
Committee recommendation................................ 16,598,076,000
The CBP Operations and Support [O&S] appropriation provides
funds for border security, immigration, customs, agricultural
inspections, the regulation and facilitation of international
trade, the collection of import duties, and the enforcement of
U.S. trade laws. In addition to directly-appropriated
resources, fee collections ranging from immigration, cargo, and
agriculture inspections; public-private partnership
reimbursements, travel authorizations; registered traveler
programs; and other programs are available for the operations
of CBP.
COMMITTEE RECOMMENDATIONS
The Committee recommends $16,598,076,000 for O&S, which is
$1,213,155,000 above the budget request amount and $555,761,000
below the fiscal year 2023 enacted level when adding in
$1,563,143,000 provided in fiscal year 2023 border management
funding. This total includes $3,274,000 from the Harbor
Maintenance Trust Fund.
Resource Prioritization.--The Committee directs CBP to
brief the Committee bimonthly on efforts to evaluate CBP-wide
workload, capabilities, assets, and human resource gaps,
describe how those gaps impact mission performance, and to use
the results of the ongoing analyses to support the fiscal year
2025 budget request.
Recruitment, Hiring, and Retention.--Within 90 days of the
date of enactment of this act, CBP shall brief the Committee on
its efforts to improve hiring and retention at all of its law
enforcement components, including existing and planned
strategies and initiatives to accomplish this goal. Given
hiring and retention challenges, CBP shall prioritize and
continue efforts to use available incentives to recruit and
retain employees 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 for employees who are willing to choose such
locations. Further, CBP shall ensure that those strategies and
initiatives include women and other traditionally under-
represented population groups and that appropriate anti-
harassment protocols are in place. CBP shall ensure that staff
are trained on recognizing signs of trauma exposure,
understanding common behaviors of people exposed to trauma and
trauma-informed practices. The Committee encourages CBP to
review the Department's Memorandum of Understanding with the
Department of Defense [DoD] for potential participation in the
DoD Skill Bridge program as an opportunity to identify,
recruit, and train highly qualified applicants from the
population of service members who are transitioning from active
duty in order to address staff shortages across the agency and
potentially reduce the personnel costs associated with training
new employees. As CBP continues working to improve hiring and
retention at all of its law enforcement components, the
Committee reminds the agency to use valid, competency-based
assessments, rather than self-assessments, to determine whether
a candidate is qualified for a particular position. To reduce
the number of unqualified candidates being considered for CBP
positions, and to improve time-to-hire and other hiring
outcomes, the Committee directs CBP to review existing Federal
assessment programs, such as USA Hire, for use within the
agency.
Law Enforcement Suitability Analysis.--The Committee
understands that CBP has fully implemented a new test supported
by the National Center for Credibility Assessment [NCCA] as
appropriate for use by CBP to inform law enforcement
suitability for new hires. The Committee directs CBP to submit
a report on the effectiveness of polygraph tests within 120
days of the date of enactment of this act. The report shall
again include data comparing CBP's failure rates to those of
other Federal law enforcement agencies; a list of admissions
elicited during polygraph tests since CBP implemented a
mandatory polygraph test requirement; details regarding the
total and annualized number of such admissions and types of
admissions; and an assessment of this test compared to the Law
Enforcement Pre-Employment Test certified by the National
Center for Credibility Assessment.
Northern Border Strategy Implementation Plan.--The
Committee recognizes that importance of ensuring USBP and OFO
are properly resourced to effectively manage operations along
the more than five thousand miles of border between the United
States and Canada. Within 60 days of the date of enactment of
this act, and quarterly thereafter, USBP and OFO are directed
to brief the Committee on northern border operations. At a
minimum, the brief shall include information on staffing levels
at each sector. For USBP, the brief shall include border
security technology investments made and planned, to include
increased reliance on autonomous systems. For OFO, the brief
shall include data on any changes in hours of ports of entry,
to include an explanation for why those hours were changed and
how OFO assesses future changes. Finally, the Committee
continues the requirement for CBP to notify the Committee
should CBP determine that it is necessary to divert more than
10 percent of staffing in any sector and field office along the
northern border to other assignments along the southwest border
or other ports of entry. The notification shall occur within 15
days of deployment and include the number and location of the
personnel diverted, the duration of the diversion, and when the
personnel shall return to their posts.
Separation of Children From Parents and Legal Guardians.--
The Committee strongly discourages the separation of children
from their parents or legal guardians, absent a specific
documented determination by a State-licensed child welfare
professional. The Committee reminds CBP that criminal
convictions, and the mental or physical health, of a parent/
legal guardian unrelated to the child's health, safety, or
welfare, alone are an insufficient basis to separate families.
The Committee reminds CBP of its obligation to thoroughly
document all such separations as previously described.
BORDER SECURITY OPERATIONS
The Committee recommends $7,082,267,000 for Border Security
Operations, which is $1,346,465,000 above the budget request
amount and $692,686,000 above the fiscal year 2023 enacted
level.
Workload Staffing Model for Between the Ports.--The
Committee has provided significant resources toward border
security across all resource types, ranging from personnel,
infrastructure, equipment, and aircraft, as well as ground,
air, and marine surveillance capabilities. To understand how
these investments impact requirements for Border Patrol agents,
Processing Coordinators, and other mission support staff, the
Committee, again, reiterates its request for CBP to develop a
comprehensive workload staffing model that takes into account
how these investments inform the operational requirement for
agents, coordinators, and support staff. Within 30 days of the
date of enactment of this act, CBP shall provide a briefing to
the Committee on Border Patrol's Mission Advantage Program and
how that work demonstrates the impact, with data, that existing
and potential resources are expected to have on personnel
needs. Within 60 days of the date of enactment of this act, CBP
shall provide a report to the Committee detailing the model and
the process that CBP used to create and validate the model. The
report shall include descriptions of: (1) steps and associated
timelines taken to create the model and resources used to
develop it; (2) data sources and methodology used to generate
the model; (3) actions taken to independently verify the model,
including on the following dimensions: data source analysis and
findings; variables and assumptions; processes, information,
distribution, and reporting; advanced analytics; and
probability and risk analysis; (4) an inventory of Border
Patrol technology assets, and how those assets and their
capabilities inform workload staffing requirements; and (5) a
plan for periodically updating and improving upon the model,
including a plan for incorporating planned technological
investments and associated force multiplier effects into the
model, including changes in programs and processes, air and
marine assets, and deployment of additional surveillance
technologies.
Border Patrol Hiring.--The Committee provides $11,000,000
to hire an additional 145 Border Patrol agents, bringing the
funded level to 20,000 agents. The Committee directs CBP to
provide, within 90 days of the date of enactment of this act,
the following: (1) a plan with a timeframe for bringing on
board the additional agents and reaching the funded level of
agents; (2) how additional agents hired will impact the total
number of agents on the northern border as an increasing number
of agents have been re-deployed from the northern border to the
southwest border; and (3) how CBP is responding to and altering
policies to ensure appropriate oversight and execution of
recommendations in response to investigations of Border Patrol
activities. In light of the Border Patrol's ongoing recruitment
and attrition challenges, funding that is unable to be executed
for new hiring in fiscal year 2024 is available for additional
targeted Border Patrol Agent hiring and retention efforts;
hiring processing coordinators and professional staff that
relieve agents of administrative duties; and for morale
efforts, to include increasing the uniform allowance. CBP is
directed to brief the Committee on any alternative use of these
funds prior to implementation.
Border Security Technology Gaps.--The Committee notes the
requirement in Public Law 116-260, the Consolidated
Appropriations Act of 2021, for CBP to examine technology gaps
along the southwest border-both at ports of entry and between
ports of entry. This critical analysis should guide CBP
decisions on improving its technology development and
acquisition. Within 180 days of the date of enactment of this
act, CBP shall brief the Committee on its efforts to improve
border security technology development and acquisition based on
the analysis required by this law.
Border Barrier Reporting.--The Committee directs CBP to
provide within 60 days of the date of enactment of this act,
and quarterly thereafter, a report on the status and plans
during fiscal year 2024 and fiscal year 2025 for the
unobligated balances for border barrier system previously
funded in Public Law 116-93 and Public Law 116-260. The report
shall include: (1) total funds obligated since January 2021 by
project and Border Patrol sector; and (2) total funds planned
for obligation by project and Border Patrol sector.
Additionally, the report shall provide a description of the
type of project, to include, at a minimum, the amounts
obligated and outcomes for each of the following: construction
of new barriers, replacement of existing barriers, closure of
gaps; installation of gates; linear ground detection
capabilities; and remediation activities necessary to address
life, safety, environmental and remediation requirements.
Border Management Requirements.--The Committee provides
$750,000,000 above the request for soft-sided facilities along
the southwest border. Within 45 days of the date of enactment
of this act, CBP shall provide the Committee a briefing on how
CBP monitors and assesses the need to maintain such facilities
and the measures employed to determine when the agency will
decommission a temporary facility.
Border Barriers Environmental Remediation.--Within 90 days
of the date of enactment of this act, the Commissioner of CBP
shall provide an update to the Committee on CBP's work with the
appropriate agencies at the Department of the Interior and the
Department of Agriculture to convene a multi-agency process to
identify harm inflicted by construction of border barriers on
private land, Tribal land, flood-prone areas, and wildlife
corridors, as well as recommended remediation measures. The
multi-agency process shall include consultation with local,
State, and Tribal governments, landowners, and non-governmental
organizations with environmental and cultural preservation
expertise. The Commissioner shall detail a data-driven plan to
develop mitigation strategies in response to border barrier
related construction. This strategy shall ensure that any
actions taken maintain security along the border.
Shelter and Services Program [SSP].--The Committee provides
$752,000,000 for SSP to provide temporary shelter and other
services to noncitizens released from DHS custody, helping to
facilitate the safe, orderly, and humane release of asylum
seekers and families. These funds shall be transferred to FEMA
for administration. Not less than quarterly, CBP shall provide
operational data to FEMA to help inform decisions on where
funding should be provided to shelters along the southwest
border and in the interior of the U.S. to support CBP's border
security mission. At a minimum, this data shall include
historical data and future projections of encounters of
families and single adults, by POE and Border Patrol sector.
Operational Costs for Border Technology.--The Committee is
dismayed the President's Budget request did not include funding
to operate border technology previously funded by Congress. The
recommendation rejects proposed cuts in order to fully deploy
and operate existing capabilities.
Body-Worn Cameras.--Within 90 days of the date of enactment
of this act, CBP shall provide the Committee an execution plan
with an implementation schedule to deploy body-worn cameras.
Operating Video Monitoring.--The Commissioner shall ensure
that any non-working closed caption television and associated
recording or storage equipment in a facility that holds non-
citizens must be repaired or replaced within 24 hours.
Instances of equipment that remain non-working after 24 hours
must be reported to the Office of Professional Responsibility.
Outage and repair status reporting shall be updated weekly and
CBP shall provide the Committee a monthly update on the
operational status of all such video capabilities.
Prison Rape Elimination Act [PREA].--The Committee directs
CBP to post on its website within 60 days of the date of
enactment of this act a schedule for achieving 100 percent
compliance with PREA requirements. In addition, the Committee
requests CBP examine options to provide PREA training to
relevant agency staff and personnel during their onboarding
process and to maintain annual training.
Transportation Checks and Roving Enforcement.--The
Committee directs CBP to continue to collect and semiannually
report to the Committee data pertaining to Border Patrol
transportation and immigration checkpoints. The report shall
exclude law enforcement sensitive information and include
necessary redactions of all personal and identifying
information about specific individuals. The report shall
include, at a minimum, the total number of patrol stops made by
CBP personnel during transportation checks and a description of
the boarding of public conveyances by CBP personnel at air,
maritime, and land environments, including ports and terminals.
Additionally, the report shall include the following
information when an arrest is made: the total number of arrests
by location; the total number of use-of-force incidents during
an arrest by location; the citizenship status of any individual
arrested; and the total amount of drugs, currency, and firearms
seized as a result of transportation checks. The report shall
also include the following information pertaining to
immigration checkpoints: the location of all tactical and
permanent checkpoints that were in operation for any period of
time; the total number of arrests by location; the total number
of use-of-force incidents during an arrest by location; the
citizenship status of subjects stopped or arrested following
secondary inspection at checkpoints; and the total amount of
drugs, currency, and firearms seized at checkpoints.
Reporting Requirements for Deaths in Custody.--CBP shall
continue to provide the data required in House Report 116-80
regarding deaths of noncitizens.
Short Term Detention.--The Committee is sympathetic to the
operational needs of CBP which can fluctuate greatly, with
surges to the border resulting in overcrowding in facilities
presenting safety and health risks to individuals in custody,
particularly children, as well as to CBP personnel. CBP shall
continue to follow the directives in the explanatory statement
accompanying Public Law 116-260 related to Holding Facility
Length of Stay and Short-Term Detention, as well as the
directives in House Report 116-458 on Initial Health
Screenings, High-Priority Populations, Medical Equipment and
Personnel, Access to Water and Food, Holding Facility
Standards, Consumables, Child Welfare Professionals, Families
in Custody, Personnel Training, Migrant Property, and Migrants-
Safety. However, the Committee's expectations should not be
construed to interfere with the rights obtained, or obligations
owed, by any Federal consent decree. Additionally, within 90
days of the date of enactment of this act, the Commissioner
shall provide a report to the Committee on infrastructure
changes, training protocols, and other investments to ensure
the safe, humane, and orderly processing and prompt release or
transfer of single adults, families, and unaccompanied children
in CBP custody, in compliance with the CBP National Standards
on Transport, Escort, Detention, and Search as well as the
Flores Settlement. As part of the report, the Department shall
solicit and include feedback and suggestions from non-
governmental, non-profit organizations with a focus on
immigration and civil rights to improve stakeholder monitoring
and access policy at CBP facilities. The Committee reminds CBP
that per 8 USC 1232 it is prohibited from holding unaccompanied
or accompanied noncitizen children in custody for more than 72
hours.
Emergency Driving and Vehicular Pursuits.--Due to concerns
over serious injuries and fatalities associated with CBP
emergency driving and vehicular pursuits, the Committee directs
CBP to provide a report within 180 days after the date of
enactment of this act, on the following: (1) the number of
vehicular pursuits over the last three fiscal years,
disaggregated by component, reason for pursuit initiation,
reason for pursuit termination, pursuit disposition, location,
duration, distance, maximum speed, use of force, involvement of
other agency/organization, injuries, and fatalities; (2) a
detailed description of all training curriculum and materials
relating to CBP Directive No. 4510-026A, any updates or
modifications thereto, and statistics on the training of
personnel to date; (3) a detailed description of the Vehicular
Pursuits Review Committee(s) including membership, frequency of
meetings, number of incident reports reviewed to date
disaggregated by fiscal year, and outcomes of the reviews; and
(4) a detailed description of review and compliance assessments
by the National Use of Force Review Board and Local Use of
Force Review Boards regarding vehicular pursuit incident
reports, including the number of incident reports reviewed in
the previous fiscal year and outcomes of the reviews. The
Committee further directs CBP to provide copies prospectively
of: (1) any and all annual Law Enforcement Safety and
Compliance [LESC] Directorate vehicular pursuit reports
documenting and analyzing pursuits from the previous fiscal
year; and (2) any and all final reports of investigation by the
CBP Office of Professional Responsibility relating to emergency
driving and/or vehicular pursuits. Each of these records shall
be made available to the public with appropriate redactions no
later than 90 days after the date of submission to the
Committee.
Non-Mission Duties.--The Committee is aware that CBP
personnel are carrying out the duties of other Federal agencies
or components, known as ``non-mission duties.'' Not later than
30 days after the date of enactment of this act, CBP shall
submit to the Committee a detailed report which shall include:
(1) the total number of CBP agents or officers carrying out
non-mission duties; (2) identification of the funding source
associated with non-mission duties; (3) the rationale for CBP
personnel to perform non-mission duties and the duration they
are expected to perform those duties; (4) a detailed
description of all required training for CBP agents and
officers in order to carry out the non-mission duties; and (5)
identification of any impacts to CBP's mission due to agents
and officers carrying out non-mission duties. The report does
not need to include CBP personnel on temporary duty (TDY)
assignment within CBP but shall include TDY assignments to
other DHS components and executive branch departments.
Assessing Commercial Satellite Radio Frequency [RF].--The
Committee notes recent efforts and pilot programs to evaluate
the utility of incorporating commercial satellite RF
collections to improve situational awareness around the land
borders of the United States. CBP should continue these
efforts, which will allow for further evaluation of how RF
collection fits into existing surveillance and reconnaissance
architectures.
Data on ``Got Aways''.--Within 30 days of the date of
enactment of this act and quarterly thereafter, the Secretary,
in consultation with other appropriate Federal officials, shall
submit to the Committee a report that details the situational
awareness of the southwest border that includes data related to
the number of ``got away'' individuals and monthly apprehension
rate data by sector. For the purposes of this reporting
requirement, the Department shall use the definitions provided
in section 223 of title 6, United States Code. Further, CBP has
long described their process at arriving at estimates for ``got
away'' individuals as more of ``art than science,'' and has
cautioned attributing a false precision to the data. To assess
options for improving the existing process, the Committee
directs CBP to ensure a review by third party statistical
experts on the current process, assumptions, and formulas used
to derive the ``got away'' estimates and any proposed changes
to improve such estimates, including proposed changes to
statutory definitions, if applicable.
TRADE AND TRAVEL OPERATIONS-OFFICE OF FIELD OPERATIONS [OFO]
The Committee recommends $5,096,566,000 for OFO, which is
$94,189,000 below the request and $113,534,000 above the fiscal
year 2023 enacted level.
OFO Workload Staffing Model.--Within 90 days of the date of
enactment of this act, the Committee directs CBP to report on a
workload staffing model to mitigate the impacts of vehicular
wait times at the busiest land ports of entry, including loss
of economic output and jobs. The Committee encourages CBP to
ensure appropriate staffing levels are maintained at the top 10
U.S. air ports of entry, as determined by passenger
enplanements as measured by the Federal Aviation
Administration.
Immigration and Customs Inspection Fees and Funding for OFO
Personnel.--Since fiscal year 2021, Congress has provided
$1,819,000,000 to CBP to offset the impacts of reduced fees
collected as a result of COVID-19 impacts to international
travel. The CBP CFO shall continue to manage and oversee CBP
fee funding to ensure current year operational requirements are
balanced against the continuing requirement to build and
maximize a carryover balance. If fee collections during fiscal
year 2024 exceed current projections and carryover
requirements, CBP shall refrain from obligating those available
funds until it briefs the Committee on options for the use of
those funds to include for hiring additional CBP officers and
mission support staff.
CBP One Mobile Application.--Within 180 days of the date of
enactment of this act, the Committee directs CBP to provide the
following information on the use of the CBP One mobile
application: (1) plans to address accessibility and technical
problems (including problems with facial recognition
technology); (2) the number of incidents in which asylum
seekers were unable to schedule an appointment through CBP One
because of lack of access to a smart phone or problems with the
system since implementation of the application; (3) the number
of incidents in which an individual is turned back when they
present themselves at a POE because they did not have an
appointment through CBP One; (4) the number of appointments
that CBP makes available monthly, broken down daily by
location, through the CBP One application; and (5) the number
and nature of complaints filed by individuals or on behalf of
individuals who report on problems getting an appointment,
accessibility issues, and misidentification. Additionally, CBP
shall provide the Committee a deployment plan for the CBP
mobile application, including the user rate for each service
available on the mobile application as of the date of enactment
of this act, and a description of additional services and
features that will be implemented by the end of fiscal year
2024. CBP's deployment plan shall include data specific to the
use of the mobile application by individuals seeking exemptions
from travel restrictions for humanitarian purposes,
availability of appointments through the application and
availability of group appointments in the case of families, an
accessibility assessment that takes into account reported
barriers to the application's use, functionality, privacy, and
reliability, and any expansion plans for this service.
Enhancement of Supply Chain Security.--The Committee
believes that improving interoperability will be an important
step to modernize trade operations while strengthening supply
chain security. Within 180 days of the date of enactment of
this act, CBP shall provide a briefing with recommendations on
how innovative capabilities, including blockchain-based
platforms, may improve trade operations between the United
States and Central and South American countries, including
potential opportunities for partnership with non-profit and
private partners and with Central and South American Customs
Agencies.
Combatting Transportation of Firearms and Illicit Funds.--
The Committee is concerned that illicit monetary instruments
and firearms continue to be smuggled from the United States
into Mexico, fueling transnational criminal organization
activities, including drug trafficking and violent crime. The
Committee encourages CBP to continue to collaborate with
domestic and international partners to disrupt the flow of
finances that support these activities and report to the
Committee any additional authorities or resources needed to
stymie the flow.
International Mail and Express Consignment Facilities.--
CBP's continued collaboration with the U.S. Postal Service and
the Food and Drug Administration [FDA] at International Mail
and Express Consignment Facilities is key to reducing the entry
of scheduled narcotics and other illicit and restricted drugs
(and their precursor materials) through these facilities. The
Committee recognizes that illicit substances are often smuggled
or mailed in small amounts, making it challenging for CBP to
detect. Previously provided funds, and funds provided in this
act, shall be made available for facility improvements;
detection and testing equipment upgrades; increased capacity
for testing and storing illegal and regulated substances;
interoperability improvements with FDA detection equipment; and
innovative technologies that apply advanced analytics and
machine learning capabilities.
Identifying Fentanyl Analogues and Related Substances at
the Southwest Border.--The Committee commends CBP on ongoing
efforts to interdict fentanyl, fentanyl-related substances, and
fentanyl analogues along the southwest border. CBP shall
identify the specific types of fentanyl analogues and fentanyl-
related substances, as defined by Public Law 116-114, it
encounters at ports of entry. The Commissioner shall include
the totals of fentanyl analogues and fentanyl-related
substances, in addition to the other controlled substances for
which it reports data in its drug seizure statistics, and make
such information publicly available not less than monthly.
Maritime Ports of Entry.--The Committee continues to
support robust staffing at the Nation's cargo and passenger
maritime POEs. Within the funds provided for O&S, CBP shall
ensure adequate staffing at new and expanded maritime POEs in
order to meet peak passenger wait time goals.
Border Security Deployment Program [BSDP].--The Committee
commends CBP on its work in executing BSDP as the program
provides CBP with a comprehensive, integrated, and continuous
surveillance and intrusion detection system at LPOEs. BSDP
improves the safety and security of CBP officers, Border Patrol
agents, and the traveling public and facilitates cross-border
trade. The program provides a valuable contribution to the
prevention and detection of potential corruption among CBP
officers by allowing for court admissible video and audio
recordings. BSDP provides critical real-time surveillance by
using over 15,000 sensors across all LPOEs; such sensors are
utilized at 24-hour operating and non-24-hour operating U.S.
POEs. Such sensors allow for a better allocation of resources
and manpower by acting as a significant force multiplier. CBP
shall provide the Committee a briefing within 120 days of the
date of enactment of this act on the agency's plan to expand
BSDP at LPOEs.
Agricultural Inspections.--The Committee recognizes that
agricultural specialists are crucial for ensuring trade and
travel safety; preventing the introduction of harmful exotic
plant pests and foreign animal diseases, including from Asian
pork products; and averting potential agricultural and bio-
terrorism in the United States. Currently, many POEs are
understaffed relative to CBP's Workload Staffing Model, as well
as the Agriculture Resource Allocation Model. CBP shall
continue working with the U.S. Department of Agriculture to
better leverage existing staff in addressing the agricultural
inspection workload, such as through the authorization of
additional work hours or dual certification.
Land Ports of Entry Hours of Operation.--The Committee
recognizes the importance of maintaining 24-hour staffing at
remote land ports of entry to prevent negative impacts to local
communities and regional economic activity and directs CBP to
consult with elected officials at all levels, community
members, and industry prior to making changes. CBP shall
refrain from reducing the hours of operation at any land port
of entry unless CBP can demonstrate that the reduction in hours
will not impede local or regional commerce or unduly impede
local resident traffic. Further, not later than 90 days after
the date of enactment of this act, CBP shall provide a report
to this Committee detailing operating hours at all northern
border ports of entry, and describing how CBP plans to improve
the recruitment and retention of CBP personnel at remote
northern border ports of entry to sustain those operating
hours. Additionally, to assist with the challenges relating to
operating hours, the Committee directs CBP to establish a pilot
program for the co-location of CBP and Canada Border Services
Agency border agents at remote LPOEs to maintain border
security and reduce costs.
Reimbursable Services Programs.--The Committee notes that
the Consolidated Appropriations Act, 2023 (Public Law 117-328),
directed CBP to provide each air, land, and sea port operator,
including cruise terminals, with information on baseline
service levels and report to the Committee quarterly on its
adherence to these baseline levels. To date, the Committee has
not received the first quarterly report. The Committee directs
CBP to provide the aforementioned report no later than 30 days
after the date of enactment of this act, and to provide future
reports on a semi-annual basis. Further, the Committee reminds
CBP that the report shall address staffing shortages,
requirements for facility and security upgrades, and plans for
technology recapitalization; the process used to decide how
initiatives are funded; a justification for the scope of the
requests; and how CBP will negotiate with port operators and
incorporate their feedback into the development of plans to
address future facility and security needs. CBP is encouraged
to defer all current and future seaport facility agreements
until it has provided details on baseline service levels to
each port operator and provided the Committee with estimates
for future facility and security requirement improvements and
associated federally mandated technology. CBP is expected to
work in partnership with seaports and refrain from imposing
requirements on seaports in a unilateral fashion.
Locality Payscale Flexibility.--The Consolidated
Appropriations Act, 2023 (Public Law 117-328), directed CBP to
provide a report, in coordination with the Office of Personnel
Management, on: (1) an analysis of local pay scales and how
those pay brackets impact recruitment and retention; (2) an
overview of agency authorities for adjusting pay; and (3)
recommendations to better align local pay with the costs of
living to improve recruitment and retention. The Committee is
disappointed that CBP has not completed this report. The
Committee directs CBP to complete the aforementioned report no
later than 30 days after the date of enactment of this act.
Preclearance.--The Committee notes the continued success of
the Preclearance program in expediting the security process for
passengers traveling to the United States, while simultaneously
enforcing procedures that deter and detect national security
threats from individuals, groups, or cargo attempting to enter
the United States. Fees collected for this program shall be
used in a targeted, risk-based fashion and shall prioritize the
expansion of preclearance operations as outlined in the
Department's Beyond the Border Action Plan between the United
States and Canada for land, marine, rail, and air POEs. The
Committee appreciates progress on efforts to establish
preclearance for the mutually agreed upon sites of Billy Bishop
Toronto City Airport, Quebec City Jean Lesage International
Airport, Montreal Rail, and Rocky Mountaineer and reiterates
that such expansion is contingent upon each site meeting all
terms and conditions of the agreement. The Committee encourages
CBP to meet the objectives for preclearance activities,
including obligations in advance of reimbursement, authorized
by the Trade Facilitation and Trade Enforcement Act of 2015
(Public Law 114-125), and provides necessary funding to collect
and expend reimbursements, including anticipated reimbursements
for preclearance activities. As Canada has adopted companion
legislation, the Committee expects CBP to make progress in
negotiations with the Canada Border Services Agency, Transport
Canada, and Public Safety Canada on expanding preclearance
activities in Canada. The Committee also encourages CBP to
consider the significant economic impact that the expansion of
preclearance activities in Canada will have for U.S.
communities that neighbor the northern border when prioritizing
preclearance expansion projects. The Committee urges CBP to
reengage in negotiations with international airports on
expansions to the existing preclearance program by prioritizing
airports that were previously identified for possible
preclearance locations in 2015 and 2016 and that have the
highest number of travelers arriving in the U.S. each year. The
Committee supports CBP meeting the expansion of the
preclearance program as the opportunity for increased traveler
volume, increased revenue, and new flight routes are dependent
on the success of the program.
Data on Asylum Seekers.--The Committee directs OFO to
continue to produce a monthly report detailing for each
preceding month: the POEs along the southwest border at which
queue management or metering practices have been employed; the
number of asylum seekers processed at each such POE; and the
number of asylum seekers turned away from each such POE due to
queue management or metering practices. The Committee also
requests the report include: CBP's rationale for queue
management or metering practices at POEs; capacity and resource
constraints leading to or requiring the implementation of queue
management or metering practices at POEs; recommendations for
alleviating such capacity and resource constraints at POEs; and
any agreements or arrangements between CBP, or the Federal
Government, and Government of Mexico authorities involving
efforts to restrict the number of potential asylum seekers that
can access a POE prior to entering the United States. While the
Committee acknowledges that CBP has provided some of the data
requested, the data is incomplete and not fully responsive to
the Committee's prior requests for information. Further, the
Committee directs CBP to include within its monthly southwest
migration reports data detailing the number of individuals
claiming fear, or attempting to claim a fear of return to their
home country, in addition to, and separate from, its monthly
apprehension and inadmissible statistics. The data should
include individuals presenting at both POEs and between POEs,
claiming credible fear as a separate, distinct category from
either the monthly ``apprehensions'' or ``inadmissibles''
statistics. The Committee acknowledges that CBP has provided
annual statistics on the number of ``credible fear
apprehensions'' and ``credible fear inadmissibles,'' but
directs CBP to disaggregate this data such that individuals
claiming credible fear are not included within or counted
towards either the ``apprehensions'' or ``inadmissibles''
statistics and do so on a monthly basis.
Assessing Options for Fishing Vessels Crew.--The Committee
is aware of the workforce requirements and challenges that are
unique to the federally managed longline fishing fleet based
out of Hawaii and the impacts that are the result of denying
U.S. vessel owners and operators the ability to facilitate the
employment of foreign crewmen through commercial air travel.
The restriction of these crewmen to fishing vessels allows for
consideration of a process to permit entry for the immediate
transfer of crewmen to onboard vessels on which they reside and
are employed to fish exclusively for tuna and other highly
migratory species. To mitigate the impacts from restricting
crewmen entry, as well as countering illegal, under-reported,
and unregulated fishing by foreign fleets including China, the
Committee directs CBP to assess options for a limited or
temporary use of authority to allow for the entry of designated
crewman via air travel and transfer to their place of
employment onboard Hawaii-based longline fishing vessels.
Border Searches and Electronics.--The Committee continues
to require CBP to publish annually and make publicly available
on its website data pertaining to searches of electronic
devices. This data should include: the total number of U.S.
persons for which a Governmental entity obtained access to the
digital contents of electronic equipment belonging to or in the
possession of the U.S. person at the border; the total number
and nationality of non-citizens for which a Governmental entity
obtained access to the digital contents of electronic
equipment; aggregate data regarding the race and ethnicity of
individuals for whom a Governmental entity obtained access to
the digital contents of electronic equipment belonging to or in
the possession of an individual at the border; and the number
of times CBP searched an electronic device at the request of a
Federal, State, local or foreign governmental entity, including
another component of the Department, or disclosed to such
entity information from any searched device.
Environmental Crimes Enforcement.--Within 120 days of the
date of enactment of this act, CBP shall provide a briefing to
the Committee on the activities and resources applied towards
the enforcement of the Lacey Act amendments of 2008, which help
address international deforestation and combat the trade of
illegal wildlife and timber products. Additionally, the
briefing shall include efforts by CBP to assist the U.S.
Department of Agriculture's Animal and Plant Health Inspection
Service with the electronic collection of data as well as
continued consultations with trading partners, importers,
exporters, and other interested groups as the provisions of the
act are fully implemented.
Advanced Electronic Data [AED].--The Synthetics Trafficking
and Overdose Prevention Act [STOP Act] required that all
packages coming into the United States from foreign countries
use Advanced Electronic Data by January 1, 2021. Within 180
days of the date of enactment of this act, the Committee
directs CBP, in coordination with the United States Postal
Service, to issue a report with a detailed plan for how the
Postal Service can scan every package or letter entering the
United States that could contain an illegal opioid.
Furthermore, within 180 days of the date of enactment of this
act, CBP shall provide a report to the Committee on the
implementation of the AED initiative. This report must include:
(1) total volume received by USPS and volume containing AED;
(2) the volume received by country containing AED; (3) number
of packages CBP requests to screen and the number actually
tendered by the USPS; (4) reports on the number of goods seized
during blitzes on Mail Facilities; and (5) volume received from
countries exempted from AED by CBP.
Prevent Abduction Program.--The Committee recognizes that
Federal law prohibits any one parent from removing a child from
the United States with intent to obstruct another parent's
custodial rights. The Committee further recognizes that the
International Child Prevention and Abduction Prevention and
Return Act (Public Law 113-150) required CBP, in coordination
with other Federal agencies, to establish a program to ensure
children were not unlawfully removed from the United States in
violation of a valid State court order. The Committee
appreciates CBP's efforts to establish the Prevent Abduction
Program to meet this statutory requirement and protect the
rights of parents and children and further appreciates recent
updates on the public facing website about the program. The
Committee recognizes that CBP officers have many
responsibilities, but officers are sometimes the last
opportunity to prevent an unlawful international parental
abduction. Within 180 days of the date of enactment of this
act, CBP is directed to report to the Committee on the status
of the Prevent Abduction Program, which shall include: (1) the
total hours of training CBP officers receive on the issue of
international parental child abduction; (2) the accumulative
number of children enrolled in the program and the number of
children enrolled in the preceding fiscal year; (3) the number
of children enrolled in the program who, despite their
enrollment in the program, were removed at an air POE, if any;
and (4) identification of resources CBP might need to ensure
children are not removed from the United States in violation of
a valid State court order.
TRADE AND TRAVEL OPERATIONS-OFFICE OF TRADE
Within the total funding recommended for Trade and Travel
Operations, including OFO and Office of Trade, the Committee
recommends $414,200,000 for the Office of Trade, which is
$1,147,000 above the budget request amount and $21,410,000
above the fiscal year 2023 enacted level.
Combatting Forced Labor.--Section 307 of the Tariff Act of
1930 (19 U.S.C. 1307) prohibits the importation of merchandise
mined, produced or manufactured, wholly or in part, in any
foreign country by forced labor-including forced or indentured
child labor. Such merchandise is subject to exclusion and/or
seizure to prevent those items from entering the U.S. economy.
The Committee commends CBP's Office of Trade for their
increased efforts to identify and prevent entry of such
merchandise.
The Committee recommendation rejects the proposed
$10,000,000 reduction to CBP's forced labor enforcement
capabilities and continues to support implementation of the
Uyghur Forced Labor Prevention Act and supports additional
personnel, technological capability, training, and other
activities to faithfully implement the law and protect U.S.
consumers from products tainted by forced labor, and reduce
unintended impacts on supply chains. The Committee strongly
urges CBP to combat forced labor through additional enforcement
personnel, technology, training, strategy, and outreach.
Forced Labor.--Within 60 days of the date of enactment of
this act, CBP shall provide a briefing to the Committee on
implementation of the UFLPA, including an update on addressing
the challenge of transshipment of Xinjiang Uyghur Autonomous
Region-related goods, the tools and technology CBP deploys to
enhance enforcement of the law, steps to coordinate
international engagement to prevent bifurcated supply chains or
dumping grounds for the products of forced labor, and the
obstacles to enforcing UFLPA in cases of rail, road, and air
transportation.
Trade Enforcement.--The Committee continues to support a
range of trade enforcement activities pertaining to
intellectual property rights and online anti-counterfeiting.
The Committee directs CBP to expand its partnership with the
U.S. Postal Service to provide advance electronic data to
identify counterfeit goods and to enhance communication with
rights holders through sharing specific detention information
and images, as recommended in the March 2021 Commercial Customs
Operations Advisory Committee background paper. Within 90 days
of the date of enactment of this act, CBP shall provide a
report to the Committee detailing implementation of this
directive.
Combatting Transshipment.--The Committee is aware of the
continued efforts by some foreign traders to circumvent U.S.
trade laws and evade duty payments by transshipping products
through third party countries. Therefore, the Committee
continues to direct CBP to modify targeting criteria and make
additional changes necessary to provide CBP with the
administrative flexibility required to identify transshipped
products.
Distributed Ledger Technology.--The Committee continues
support testing blockchain and distributed ledger technologies
to improve trade operations, including enhancement of supply
chain security, single window and sharing Customs Trade
Partnership Against Terrorism data in cooperation with foreign
Customs Agencies, using a blockchain based solution and
leveraging existing platforms as appropriate. The Committee
believes that leveraging technologies such as blockchain and
distributive ledger technologies can lead to significant trade
efficiencies and improve interoperability.
INTEGRATED OPERATIONS
Office of International Affairs.--The Committee directs CBP
to provide a briefing within 60 days of the date of enactment
of this act on recommendations to, in conjunction with the
Department of State, expand information campaigns in El
Salvador, Guatemala, and Honduras through social and behavior
change communication advertising the dangers of irregular
migration to the United States and educating citizens of those
countries about legal pathways.
Persistent Maritime Domain Awareness [MDA] Demonstration.--
The Committee recognizes there are benefits and efficiencies to
be gained by deploying uncrewed surface vehicles [USVs] for
homeland security missions, specifically interdiction related
efforts. Therefore, the Committee directs Air and Marine
Operations [AMO] to work with CBP's INVNT program to examine
opportunities to work with industry partners to conduct a
persistent, long duration MDA demonstration in an area where
illicit maritime activity is known to be concentrated.
Tactical Maritime Surveillance System.--The Committee
provides $10,000,000 for tactical maritime surveillance systems
to support a transition from the pilot phase to deploy long
duration unmanned surface vehicles [USV] in maritime domain
awareness configuration. Within 60 days of the date of
enactment of this act, AMO shall brief the Committee on its
plan for the use of these funds to include the duration of the
contract and the number of USV it plans to deploy.
MISSION SUPPORT
Medical Care along the Southwest Border.--The Committee
continues support for CBP's medical support contract activities
to provide care for noncitizens in CBP custody, including at
Border Patrol Stations, Central Processing Centers, other
forward deployed locations, and any temporary facilities CBP
has stood up. The funding shall address medical concerns and
provide first aid and triage and low acuity treatment. The
scope of services includes administrative requirements,
logistical support, medical screening, evaluation and
treatment, reporting tasks, and program management support.
Within 60 days of the date of enactment of this act, CBP shall
provide to the Committee a briefing on the number of
noncitizens this level of funding allows them to support along
with a detailed breakout of the types of care provided.
ENTERPRISE SERVICES
Mission Support Contracting.--The Committee repeats its
request for CBP to provide, within 120 days of the date of
enactment of this act, an inventory of all Enterprise Services
contracts organized by category, to identify opportunities to
save costs with a plan to reduce current duplication, and to
consolidate to leverage economies of scale. To promote more
efficient and effective use of these resources, CBP shall apply
advanced analytics and machine learning tools to develop an
inventory and identify opportunities to save costs.
Caregivers, Child Care Services and Employee Resiliency.--
The Committee continues support for suicide prevention
clinicians, child care services, and human resources resilience
activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2023.................................... $581,558,000
Budget estimate, 2024................................... 719,141,000
Committee recommendation................................ 1,152,529,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,152,529,000 for Procurement,
Construction, and Improvements [PC&I], which is $433,388,000
above the budget request amount and $570,941,000 above the
fiscal year 2023 enacted level.
Identifying Impact of Border Security Investments.--The
Committee is committed to providing funding to strengthen the
security of U.S. borders in a smart, data-driven manner that is
informed by robust, cost-benefit analysis that incorporates all
types of border security assets and is tied to identified
capability gaps.
Border Security Technology.--The recommendation includes
$263,300,000, or $33,732,000 above the request, for border
security technology. The Committee directs CBP to reallocate
funding as appropriate to ensure technology is deployed at the
locations where it will have the greatest impact on CBP's
ability to identify and interdict illicit activity. 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. The Committee directs CBP to ensure
that the appropriate amount of technology is piloted, tested,
and deployed along the northern border, in addition to the
southern border. Of this amount:
(1) $86,000,000 is for integrated surveillance towers,
including autonomous capabilities to reduce reliance on Border
Patrol to manually operate equipment;
(2) $41,500,000 is for mobile surveillance capabilities to
include mobile video surveillance systems, replacing obsolete
mobile surveillance equipment, counter-UAS, and small unmanned
aerial systems. The Committee recommends re-using components of
the existing Mobile Surveillance Capability systems where
practical to reduce procurement costs;
(3) $25,000,000 is for subterranean detection investments
to include cross-border tunnel detection capabilities and
linear ground detection system capabilities;
(4) $7,500,000 is for seamless integrated communications
to extend connectivity for agents where there is no commercial
cellular service;
(5) $26,453,000, as requested, is for the Border
Enforcement Coordination Network;
(6) $20,000,000 is for CBP's INVNT Program, of which not
more than $5,000,000 shall be available for each specific
technology project; and
(7) $2,000,000 is for CAMdex to establish an advanced
drone forensics capability within DHS.
Transitioning Innovative Technologies and Equipment Into
CBP Operations.--The Committee applauds the work of CBP's
Innovation Team and the progress the agency has made in regards
to identifying, piloting, and evaluating innovative
capabilities that likely would have previously gone
undiscovered. Key to the success of this program is the ability
of the agency to transition successful pilots into operations.
The Committee directs CBP to provide a briefing within 90 days
of the date of enactment of this act and quarterly thereafter
on: the current rate of pilots that have transitioned to
operations; the performance impact to operations as a result of
the transition; a plan to evaluate whether there are common
indicators for unsuccessful pilots; and recommendations to
incentivize CBP programs to participate and ultimately execute
promising capabilities.
Non-Intrusive Inspection [NII] at Ports of Entry.--CBP
shall continue to provide monthly updates to the Committee on
the obligation of funds for NII equipment along with actual and
projected performance gains as a result of deployments for NII
funded in this or prior appropriations. Those updates shall
include progress on incorporating AI/ML capabilities to aid in
faster detection of anomalies. Within 90 days of the date of
enactment of this act, CBP shall provide a briefing to the
Committee on the status of NII coverage in pre-primary lanes
along the southwest border and to report on whether the
increase in pre-primary screening will create additional alarms
at POEs, impacting current secondary inspection capacity and
possibly the workflow of other Federal agencies that may not
have sufficient opportunity to plan for additional resource
needs.
The Committee is concerned that CBP's current plans for NII
passenger vehicle screening units do not take into account the
need to examine a vehicle's undercarriage through a ground-up
transmission and backscatter system. Systems being deployed
with a top-down only x-ray system may have difficulty
identifying narcotics concealed in the under-vehicle. CBP shall
provide a briefing no later than 45 days after the date of
enactment of this act on what risk assessment was conducted and
used to inform current plans, how current plans address this
risk, the performance levels of existing passenger vehicle
scanning system's drug detection capabilities, potential x-ray
exposure, and current or future ability to use AI. The briefing
shall include officer feedback, anticipated impact to CBP's
ability to seize illicit items without a ground-up transmission
and backscatter system, and a cost estimate to add a ground-up
transmission and backscatter capability to POEs lacking this
capability.
The Committee encourages CBP, in coordination with S&T and
private sector partners, to conduct research and development
activities to enhance existing equipment and develop advanced
mobile NII equipment for large-scale cargo and other items
requiring screening. Such activities should include an
examination of how enhanced mobile systems could contribute to
saving taxpayer dollars. No later than 180 days of the date of
enactment of this act, CBP shall provide a report on the
current status of mobile NII technology and proposals for
enhancing it.
Deterring Illicit Substances.--The Committee is aware of
CBP's ongoing testing of innovative technologies, including
recent testing of radiation-free passive cargo scanning
technology, and encourages CBP's efforts to leverage evolving
and advanced capabilities to accelerate progress in achieving
screening goals to detect, interdict, and deter the flow of
illicit drugs and other contraband at the POEs. The Committee
seeks to ensure CBP dedicates the necessary resources to
procuring technologies, including NII and passive radiation
scanning, as well as X-ray/Gamma-ray imaging of cargo and
conveyances, that detect, interdict, and deter the flow of
illicit drugs, including fentanyl, carfentanil, and heroin. The
dramatic influx of fentanyl into the United States, including
through the mail, is contributing substantially to the opioid
epidemic. The Committee supports CBP's continued efforts to
combat this influx through the acquisition of portable chemical
screening capabilities necessary to determine the presence of
fentanyl and other narcotics, including lab equipment,
decontamination solutions, personal protective equipment, and
other consumables, and increasing the number of scientists at
POEs and consignment facilities to rapidly interpret screening
test results.
Multi-Role Enforcement Aircraft [MEA] and Light Enforcement
Helicopter [LEH].--The Committee provides $29,000,000 above the
request for an additional MEA to expand CBP's ability to
conduct maritime, air, and land surveillance at our Nation's
borders. With this funding, a total of 31 MEAs out of an
operational requirement of 38 aircraft are supported. The
Committee also recommends $13,000,000, as requested, for
aircraft sensor upgrades, $2,700,000 for law enforcement radio
installation integration, and provides $45,000,000, above the
request for 5 additional LEH.
Land Ports of Entry.--CBP shall provide to the Committee
its annual report prioritizing facility needs at LPOEs with the
annual budget submission. CBP shall continue to work with GSA
and the Office of Management and Budget on this 5-year strategy
to modernize POEs. Specific attention shall be paid to the
health, safety, and welfare needs of CBP officers. Special
consideration shall also be considered for facilities where
reconfiguration or upgrades will improve the flow of local
traffic and allow local residents to move freely in their own
communities. Additionally, CBP shall provide a detailed report
and timeline within 90 days of the date of enactment of this
act outlining completion of the Blue Water Bridge Plaza
expansion project and any steps taken in the last fiscal year
toward project completion. The report shall align with the
annual LPOE priority list, outline projected CBP costs, and
should explain how CBP will engage with State and local
entities and the specific milestones and timeline for the
project's completion. Within 120 days of the date of enactment
of this act, CBP, working with GSA, shall provide the Committee
with a briefing on plans to execute the funds provided in the
Infrastructure Investment and Jobs Act of 2021 and whether
there are any significant changes involving the 26 LPOE
projects supported in that act. As part of this briefing, CBP
shall also provide the Committee an update on steps to
``rebuild'' the annual 5-year LPOE plan.
Construction and Facility Improvements.--The Committee
provides $69,654,000 for Border Patrol and AMO facility
improvements. Of this amount, $66,000,000, as requested, is for
the Houlton, Maine Border Patrol station, and $3,654,000 is for
the Tucson Air Branch.
Additionally, not later than 90 days after the date of
enactment of this act, CBP shall submit a report to the
Committee that includes:
(1) the details of the design and construction process for
new or renovated Border Patrol facilities, including stations,
processing centers, and checkpoints;
(2) detailed requirements for each facility currently
funded or proposed for funding, including buildings, parking
facilities, sally ports, vehicle maintenance facilities,
fueling stations, temporary detainee holding facilities, and
kennels;
(3) for each currently funded facility:
(a) the total amount funded, obligated, and expended,
by fiscal year; and
(b) if funds were obligated to an outside agency
(e.g., General Services Administration and U.S. Army
Corps of Engineers), the obligation and expenditure
status of those funds;
(4) for each currently funded facility and for proposed
facilities, a construction schedule and associated expenditure
plan broken out by quarter (to include funds appropriated
through other agencies);
(5) For each requirement described in (2):
(a) the severability of each requirement that is
specific to the location;
(b) confirmation that each requirement is an
independently awardable option for all contracts
currently funded;
(c) the requirements for facilities that are unfunded;
and
(d) the requirements for facilities described in (2)
that are unfunded; and
(6) the number of personnel to be assigned at each
location, with confirmation the design is scoped to address
current and anticipated future staffing needs.
The report shall also include a detailed plan to improve
CBP's cost estimating capability for these facilities.
Advanced Training Center [ATC].--The Committee continues to
support the investments made at the ATC's construction of the
Instructional Design Center/Distance Learning Center. Within 90
days of the date of enactment of this act, CBP shall brief the
Committee on progress made with the use of previously
appropriated funds.
PC&I Spend Plan.--The Committee remains frustrated with
CBP's lack of engagement during the year of execution when
making changes to the PC&I spend plan privilege not a right,
and lack of proactive engagement with the Committee on its PC&I
requirements during the year of execution may result in changes
to current flexibilities.
U.S. Immigration and Customs Enforcement
U.S. Immigration and Customs Enforcement [ICE] is the
principal investigative agency within the Department of
Homeland Security. ICE is responsible for securing the Nation's
borders, enforcing U.S. immigration laws, and safeguarding
cyberspace through the enforcement of Federal laws that govern
trade and travel, including but not limited to narcotics
enforcement, financial crimes, child exploitation, and human
smuggling.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$8,886,363,000 for ICE, which is $554,824,000 above the budget
request amount and $127,403,000 above the fiscal year 2023
enacted level when adding in $339,658,000 provided in fiscal
year 2023 border management funding. This amount is in addition
to estimated fee collections of $379,610,000.
The following table summarizes the Committee's
recommendation as compared to the fiscal year 2023 enacted and
fiscal year 2024 budget request levels:
IMMIGRATION AND CUSTOMS ENFORCEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and Support.................................... 8,396,305 8,281,019 8,836,263
Procurement, Construction, and Improvements............... 22,997 50,520 50,100
-----------------------------------------------------
Total, Immigration and Customs Enforcement............ 8,419,302 8,331,539 8,886,363
----------------------------------------------------------------------------------------------------------------
OPERATIONS AND SUPPORT
Appropriations, 2023.................................... $8,396,305,000
Budget estimate, 2024................................... 8,281,019,000
Committee recommendation................................ 8,836,263,000
The ICE Operations and Support [O&S] appropriation provides
for the enforcement of immigration and customs laws, related
intelligence activities, and the detention and removal of
illicit people and goods. In addition to directly appropriated
resources, funding is derived from the following existing
offsetting collections:
Immigration Inspection User Fee.--ICE derives funds from
user fees to support the costs of detention and removals in
connection with international inspection activities at airports
and seaports, as authorized by the Immigration and Nationality
Act (8 U.S.C. 1356).
Student Exchange Visitor Program Fee.--ICE collects fees
from foreign students, exchange visitors, schools, and
universities to certify, monitor, and audit participating
exchange programs.
Immigration Breached Bond/Detention Fund.--ICE derives
funds from the recovery of breached cash and surety bonds in
excess of $8,000,000, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356), and from a portion of fees
charged under section 245(i) of that act to support the cost of
the detention of aliens.
Detention and Removal Office Fee.--ICE collects fees from
bonds filed by noncitizens arriving at an air or sea port of
entry where the noncitizen is needed to testify in the
prosecution of a person for violating a State or Federal law.
These fees cover the costs incurred during the stay of removal,
if granted. The collections are also used to fund some Custody
Operations non-bed general expenses [GE].
COMMITTEE RECOMMENDATIONS
Access to Oversight.--The Committee recognizes the
important role that the OIG, OIDO, and others play in ensuring
that detention centers are safe and healthy for individuals in
custody and for staff. ICE is directed to ensure that
individuals in custody have the opportunity to confidentially
contact such entities without retaliation, at no cost to the
individual in custody. The Committee is concerned about
recently deployed technological investments, such as tablets,
that identify when a person in custody reaches out to oversight
entities. Within 60 days of the date of enactment of this act,
ICE shall brief the Committee on the facility-specific level
existing method of outreach to oversight entities and whether
such outreach is monitored by ICE or contractors. Additionally,
ICE shall provide a summary of efforts in place to deter
retaliation should outreach occur. ICE is discouraged from
limiting access to oversight entities in any fashion that would
only permit the individual in custody to go through ICE or a
contractor to reach oversight entities.
Additional Funding.--The recommendation includes an
additional $686,000,000, which is intended for the following
purposes: $86,000,000 is for Homeland Security Investigations
[HSI], $555,000,000 is for Enforcement and Removal Operations,
$35,000,000 is for Mission Support, $10,000,000 is for the
Office of Principal Legal Advisor. Of the amounts made
available to HSI, $24,000,000 is to support and expand
taskforces relating to fentanyl; $26,000,000 is to expand the
footprint of the Transnational Criminal Investigative Units
[TCIUs] abroad, especially into areas where fentanyl or its
precursors have a significant presence; $10,000,000 is to
expand the presence of HSI abroad; $4,000,000 is to ensure HSI
presence at the Gordie Howe International Bridge; and
$22,000,000 is for the National Academy for Advanced Training
and Leadership. Of the amounts made available to Enforcement
and Removal Operations, none of the funding shall be for
detention or to expand detention operations; $250,000,000 shall
be for transportation, including transportation from the
border; $169,000,000 shall be for medical bills for individuals
in CBP custody; $125,000,000 shall be to support the work on
the non-detained docket, but does not include funding for
additional ICE officers, and $11,000,000 shall be for support
staff to help ensure that noncitizens receive timely and
accurate NTAs, among other reasons.
Annual ICE Report.--Not later than December 31, ICE shall
submit to the Committee its annual report for the previous
fiscal year. At a minimum, the Annual Report shall compare the
current fiscal year data to the prior five fiscal years.
Facilities Backlog.--The Committee recognizes the
significant facilities backlog ICE has for both owned and
leased facilities. As such, within 30 days of the date of
enactment of this act, and quarterly thereafter, ICE is
directed to brief the Committee on its annual facilities plan.
At a minimum the initial plan should include a facility-by-
facility project list for the current fiscal year and the
following two fiscal years. Quarterly updates should include
execution against the initial plan and changes to the current
fiscal year plan and outyear plans.
Language Access.--The Committee directs ICE to ensure that
language access is available and services are high quality and
accurate. ICE shall ensure that translation services to
facilitate language access is available at no cost to
individuals in custody. Within 90 days of the date of enactment
of this act, ICE shall brief the Committee on all existing
language access contracts, efforts, or plans and identify the
costs and challenges associated with improving and expanding
language access to ensure that individuals in custody
understand their rights and obligations, have access to
competent counsel, and understand ICE staff while in custody.
Legal Access for Noncitizens.--$10,000,000 is provided
above the request to support expanded legal access to detention
facilities, including for improvements to existing law
libraries by updating legal materials and providing online
legal access, expanding video attorney visitation, and
facilitating the exchange of legal documents between
noncitizens in the physical custody of ICE and their counsel.
Within 60 days of the date of enactment of this act, ICE shall
provide a spend plan and brief the Committee on the plan.
Within 90 days of the date of enactment of this act, ICE shall
publicly release the location of legal access investments, so
that the public can view where such expanded services may be
offered. The Committee reminds ICE that funding is provided to
help noncitizens access and communicate with counsel
confidentially and to educate themselves through updated law
libraries, which helps the immigration system move more
efficiently.
Name, Image, and Likeness [NIL].--Within 180 days of the
enactment of this act, the Department of Homeland Security
shall issue a report that examines whether guidance and
rulemaking process clarifying the ability of current college
athletes on student F-1 visas to engage in activities related
to the use of their name, image, and likeness [NIL] would be
permissible absent a statutory change. The report shall examine
students on all types of visas.
Realignment of the Office of the Chief Financial Officer.--
The bill includes a new provision prohibiting the use of funds
for performance awards to certain members of the senior
executive service until ICE submits and implements a plan to
realign its Office of the Chief Financial Officer to report
directly to the Director or the Deputy Director. ICE continues
to demonstrate challenges with operating within the funds
appropriated by Congress, as evidenced by its ongoing
challenges in accurately forecasting costs for items such as
detention beds, transportation of noncitizens, and payroll.
While the Committee recognizes that unforeseen changes in
policy and operational postures occasionally require additional
resources, ICE has not provided a baseline for requirements
that enables the Committee to understand the resource
implications of such changes in policies and operations. The
Committee does not believe that the current placement of the
Office of the Chief Financial Officer enables the incumbent to
effectively address these challenges, advise ICE leadership on
the overall financial health of the organization, or to be a
critical decision-maker with respect to ICE's resources. By
realigning the Office of the Chief Financial Officer and
establishing a direct line of communication with the Director,
the Committee expects ICE will be able to more effectively
manage its resources.
Realignment of the Appropriations Liaison Position.--While
the Committee recognizes the progress made by the Office of
Congressional Relations in closing out the backlog of reports
and briefs, the Committee notes that the nature of the
Committee's request are more appropriately geared towards the
Office of the Chief Financial Officer, consistent with other
components. As such, within 90 days of the date of enactment of
this act, the Committee directs ICE to establish an
appropriations liaison position within the Office of the Chief
Financial Officer to better ensure responses are timely,
accurate, and address the budgetary and resource elements of
the Committee's inquiries. Moreover, the Committee believes
that the realignment of the Office of the Chief Financial
Officer will produce a more streamlined engagement with the
Committee.
Recreation in Segregation.--ICE shall ensure that all
persons in custody have access to recreation space and
nutrition options outside of regular meal times, as
appropriate, including for persons in any form of segregation.
Within 60 days of the date of enactment of this act, ICE shall
publicly report the number of persons in segregated housing
placements by facility on a monthly basis and shall ensure that
all privacy laws are adhered to. Additionally, ICE shall brief
the Committee on its compliance with GAO-23-105366.
Monthly Reporting Requirements.--The Committee is concerned
about ICE not providing full-year plans for the budget and
hiring at the start of the fiscal year. While ICE has made some
gains in how it provides execution and hiring data to the
Committee, this information is not used in a strategic way by
ICE leadership nor does it provide a clear picture of ICE's
overall financial health or hiring posture. Therefore, ICE
shall provide the Committee monthly budget and staffing
briefings beginning not later than 30 days after the date of
enactment of this act. The briefings shall include any source
of funding available to ICE for obligation; align projected and
executed budgetary obligations and on-board staffing data to
program areas within each PPA; and delineate pay and non-pay
obligations. The brief shall include full-year projections for
funding, costs, and hiring. Each subsequent report shall
provide actuals against projections and updated projections for
the remainder of the fiscal year. The bill includes a new
provision requiring this report to be provided by the 10th day
of each month and rescinds $100,000 from the Executive
Oversight and Leadership PPA for each day the report is not
provided.
Tactical Communications.--The Committee is concerned that
the current capacity of Tactical Communications [TACCOM]
systems are insufficient to accommodate the majority of ICE's
Law Enforcement Officers [LEOs]. Many of the legacy systems are
overdue for upgrade and do not provide sufficient capacity or
coverage to support the mission-critical operations undertaken
by ICE. Within 90 days of the date of enactment of this act,
ICE shall submit a detailed plan for initiating and completing
additional TACCOM site expansion projects. The plan shall
include regional modernization priorities, budget projections,
and a timeline for initiating and completing these site
expansion priorities.
Wrongful Removals.--The Committee recommends the creation
of an Office of Removal Order Review [OROR] as an independent
unit charged with the task of reviewing applications from
individuals who are seeking to return to the United States
after removal and/or review of their final orders of removal.
The Committee is concerned that current procedures and
mechanisms to allow individuals to seek lawful return to the
U.S. following removal, and/or challenge their removal order,
are unduly burdensome, inaccessible to most individuals without
legal counsel, and granted only in rare cases. This is the case
even for individuals who have a claim to lawful status and/or
arguments regarding material concerns with the underlying
removal order. OROR shall utilize all mechanisms provided by
current law to facilitate the return of those individuals whose
removal orders were contrary to law or justice, including the
use of humanitarian parole, joinder in a respondent's motion to
reopen, and stipulation to relief from removal. Individuals
previously removed and those with final removal orders shall
still prepare a motion to reopen their final order of removal
as required under current regulations and/or prepare and submit
a humanitarian parole application; but, they would begin their
process by submission to the OROR instead of a specific
immigration court. Applications shall include the motion and
any additional paperwork supporting relief or the full
humanitarian parole application. OROR shall consult Executive
Office of Immigration Review [EOIR] staff to develop a
centralized review process through which OROR handles all
requests to the Department for returns and review of final
removal orders. OROR shall ensure that its process for
receiving applications is efficient, clear, and accessible for
those applying, including those without legal counsel and with
limited access to technology. OROR shall announce the process
publicly and through a public-facing website. OROR shall
facilitate transparency of its process by reporting to Congress
and the public the number of applications received and
reviewed, the number granted, and the number of individuals
actually returned.
HOMELAND SECURITY INVESTIGATIONS
Advanced Analytics.--Within 90 days of the date of
enactment of this act, HSI is directed to brief the Committee
on its advanced analytics capabilities, to include the various
tools it utilizes, how those tools are integrated with each
other, and how these tools help HSI investigations,
particularly as it relates to counterproliferation.
Agent Resiliency Programs for Personnel Exposed to Child
Sexual Abuse Material [CSAM].--The Committee recognizes the
challenges presented by working on child exploitation
investigations where personnel are often exposed to child
sexual abuse material [CSAM]. The Committee supports the goals
of the Awareness and Resilience Mentoring for Operational
Readiness [ARMOR] Program to prevent negative consequences
associated with exposure to CSAM. Within 90 days of the date of
enactment of this act, the Committee directs the Child
Exploitation Investigations Unit [CEIU] to examine whether
current resiliency programs are sufficient to adequately
support CEIU and field staff and to provide a briefing to the
Committee on the results of such examination. The briefing
shall include projected costs to expand or create additional
programs to support agents in the field.
Child Exploitation.--The recommendation continues
enhancements provided in prior fiscal years, for the Child
Exploitation Investigations Unit at the Cyber Crimes Center.
The recommendation includes $5,000,000 to continue ICE's
implementation of International Megan's Law. For fiscal year
2023, the Angel Watch Center is on pace to send approximately
3,050 referrals to more than 100 countries with approximately
825 denials of entry, and to refer over 1,300 registered child
sex offenders to the Department of State for passport
endorsements, which prohibit child sexual predators from
exploiting children in foreign countries.
Combatting Fentanyl, Opioids, and other Synthetic
Narcotics, and Disrupting and Dismantling Transnational
Criminal Organizations [TCOs].--The Committee provides
$824,285,000 to CBP and ICE for a range of critical and
unprecedented investments in the fight to stem the flow of
fentanyl and other synthetic narcotics into the United States.
Such funds will also extend the fight beyond the border, and
support and expand efforts to disrupt and dismantle the
transnational criminal organizational business model abroad
involving an endless cycle of narcotics, firearms, and human
trafficking, which threatens lives at home and abroad. Of this
amount, $105,000,000 is provided to HSI to support the
expansion of task forces, such as the successful Fentanyl
Abatement and Response Team in San Diego, CA, for new agents
near the border to support the work to dismantle and disrupt
fentanyl trafficking, to expand the successful Transnational
Criminal Investigative Units [TCIUs] abroad to further support
work to stem fentanyl from ever reaching the United States to
begin with, and to support HSI's physical presence abroad.
Within 60 days of the date of enactment of this act, HSI shall
provide the Committee a spend plan, which shall include
timeframes for the execution of these funds, the locations for
TCIU expansion, and metrics associated with the planned impacts
of such funds. Additionally, within 90 days of expending such
funds, HSI shall brief the Committee on the impact of the funds
and how such impacts compare against the planned impacts.
Cross Border Illicit Finance Center.--Within 30 days of the
date of enactment of this act, HSI shall provide a report to
the Committee that examines the costs associated with
establishing a formal Cross Border Illicit Finance Center which
would formalize and centralize efforts around illicit cross
border financial activity into the interior of the United
States. Ideally, the center would leverage public-private
partnerships, coordinate training for best practices, develop
metrics, and support the lawful seizure of proceeds with a
cross border nexus. The Center would also work and coordinate
with other Federal law enforcement partners, but would be
focused on criminal cross border conduct.
Full Title 21 Authority for HSI.--Within 180 days of
enactment of this act, HSI is directed to provide the Committee
with a report detailing how the lack of full Title 21 authority
hinders HSI's ability to combat the fentanyl importation and
the transnational criminal organizations who profit from the
importation of fentanyl and other synthetic substances. The
report shall specifically identify instances in the last five
fiscal years where the lack of such authority hindered HSI's
ability to investigate, disrupt, and dismantle fentanyl
importation and transnational criminal organizations. The
report shall also detail the number of federal agents with
existing Title 21 authority; the number of federal agents that
lack such authority; and shall highlight the limitations of
HSI's existing authority and ability to temporarily use Title
21 authority compared to that of other federal law enforcement,
including the Bureau of Alcohol, Tobacco and Firearms and
Explosives (ATF) and the Federal Bureau of Investigation (FBI),
among others with full Title 21 authority.
Forced Child Labor and Human Trafficking.--The Committee is
concerned with recent reports of forced child labor and human
trafficking, particularly with respect to unaccompanied
noncitizens. The Committee applauds HSI's efforts to
investigate and combat these crimes and understands that
continued efforts in this area necessitate coordination with
other Department and agencies across the Federal Government.
Within 90 days of enactment of this act, DHS, in coordination
with the Department of Labor, shall brief the Committee on how
they are working together to combat forced child labor and
provide recommendations for improved coordination.
Additionally, within 90 days of enactment of this act and
quarterly thereafter, DHS shall submit a report on the number
of referrals from the Health and Human Services related to
possible instances of forced child labor and human trafficking.
Forced Labor Violations.--The recommendation includes not
less than $15,500,000 for investigations and other activities
related to forced labor law violations, to include forced child
labor. Within 90 days of the date of enactment of this act, ICE
shall submit to the Committee a spend plan, including the
baseline funding, an annual report on the expenditures, and
performance metrics associated with forced labor law
enforcement activities.
Gordie Howe International Bridge.--$4,000,000 above the
request is provided for positions for three new investigative
groups, facilities, and equipment to conduct investigations
tied to the Gordie Howe International Bridge when it becomes
operational. The funding will support the new groups' efforts
to conduct investigations related to the trafficking of
fentanyl, methamphetamine, and related opioids.
Human Exploitation Rescue Operative [HERO].--The Committee
continues to support the HERO Child-Rescue Corps, a partnership
between HSI, U.S. Special Operations Command, and the National
Association to Protect Children. The Committee directs ICE to
sustain prior year enhancements for dedicated personnel and
funding for the HERO program and related computer forensic
analyst positions focused on child exploitation investigations.
The Committee continues to support the concept of the paid HERO
apprenticeship and directs ICE to brief the Committee not later
than 180 days after the date of enactment of this act on the
status of the program, which shall include an analysis about
the long term viability of the program within HSI, any resource
challenges, or other challenges that face graduates of the
program as identified by HSI.
Human Rights Violators.--The Committee is aware of recent
HSI efforts to investigate human rights violators, including
the arrest of an individual alleged to have committed serious
human rights violations and the removal of a Nazi war criminal.
The Committee directs ICE 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 report to the Committee
within 180 days after the date of enactment of this act on the
following: 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; the efforts of ICE to
increase the number of human rights investigations and
prosecutions; and any organizational, resource, or legal
impediment to investigating and prosecuting more human rights
violators, including whether the identified amount above is
sufficient to support the Unit. ICE shall also update the
Committee on base funding for this effort.
Mobile Computer Forensic Vehicles [MCFV].--MCFV provide the
ability to conduct on-site examinations of mobile devices which
allows for the immediate start to victim identification in
child exploitation cases, which is critical to the timelines of
these investigations. The Committee recommends $500,000 above
the request to support the procurement of additional mobile
computer forensic vehicles.
National Academy for Advanced Training and Leadership
[NAATL].--An additional $22,000,000 above the request is
provided for the NAATL. The Committee recognizes the importance
of providing cutting-edge training and leadership opportunities
for criminal investigators in a rapidly evolving environment.
Within 60 days of the date of enactment of this act, and
quarterly thereafter, HSI shall provide to the Committee a plan
for how the funds will be used and how the training provided at
the NAATL will better enable HSI and its partners, both
domestically and internationally, to combat fentanyl.
Opioid Investigations.--The Committee encourages ICE to
finalize its monthly budget briefings, with congressional
priorities clearly delineated, and continues to support
enhancing HSI opioid enforcement activities in fiscal year 2024
by sustaining over 340 personnel, including investigators,
intelligence analysts, and necessary support staff. HSI has
enhanced its ability to conduct increased investigations
focusing on the identification of entire supply chains.
Protecting Vulnerable Children.--Within 90 days of
enactment of this act, ICE shall submit a report the Committee
detailing the costs associated with expanding the Mutual
Agreement between Government and Employers [IMAGE], the
voluntary employer program, to industries or businesses with a
documented history of hiring children in violation of state
child labor laws, federal wage and hour rules, or children
without lawful permission to work. The report shall include
details about how such children would be connected with
trafficking victim support or other victim services, as
appropriate.
Repository for Analytics in a Virtual Environment
[RAVEn].--The Committee is concerned about the shifting
justifications and expanding requests for RAVEn funding. The
Committee is also concerned about ICE's plans to integrate
artificial intelligence into RAVEn with seemingly limited
guardrails, lack of oversight, and public accountability. The
Committee strongly encourages HSI to update all required
Privacy notices, and to identify, develop and monitor potential
violations of civil rights and civil liberties as further
development occurs. As such, within 90 days of the date of
enactment of this act, ICE shall brief the Committee on
privacy-related issues, intended implementation of artificial
intelligence use, guardrails that ICE has in place to ensure
that RAVEn is not being used to enforce civil immigration law,
and existing testing metrics. ICE shall provide quarterly
updates thereafter.
Wildlife Trafficking Unit.--The Committee continues to
remain concerned about the pervasive connection between
wildlife trafficking and other criminal conduct, such as
organized crime relating to narcotics, human smuggling, and
financial crimes. As such, the Committee provides $10,000,000
over the request to support the ongoing work of the Wildlife
Trafficking Unit. The Committee encourages HSI to work towards
ensuring that the next generation of specialized wildlife
trafficking investigators are trained in this field. The
Committee expects HSI to continue its work in partnership with
the U.S. Fish and Wildlife Service to improve efforts to better
address wildlife trafficking. The Committee directs HSI to
continue to produce the report identified in Public Law 116-
125. The report shall include options for making this
information available in a routine and public manner annually.
ENFORCEMENT AND REMOVAL OPERATIONS
Access to Legal Counsel.--Within 90 days of the date of
enactment of this act, ICE is directed to provide a report to
the committees of jurisdiction on overall access for attorney
and detainee representatives at ICE facilities. The report
shall include the number of legal visits that were denied or
not facilitated and the number of facilities that do not meet
the ICE National Detention Standards for attorney/client
communications. ICE is directed to make detention facility
contact information and facility legal accommodations available
on the ICE public website. The Committee remains concerned
about the lack of meaningful access to counsel for individuals
in the physical custody of ICE. Not later than 90 days after
the date of enactment of this act, in every facility where a
noncitizen is subject to the physical custody of ICE,
regardless of the duration of such custody, that the Director
ensure: that attorneys, BIA accredited representatives, and
paralegals be able to request, schedule, and hold free,
confidential, and unmonitored telephone calls and video
teleconference appointments, of at least 60 minutes in duration
that allow for third party interpretation with their clients,
with at least 24 hours' notice to the facility; that attorneys
and noncitizens are able to exchange legal documents via an
electronic means; that facility staff will not read such
documents; delivery of legal documents to noncitizens within 24
hours of receipt by the facility; that each facility provide a
mail dropbox for attorneys to send confidential legal
correspondence to their clients and that delivery of such legal
correspondence to detainees occur within 24 hours of receipt by
the facility; and that facility staff will open such mail only
in the presence of the noncitizen to whom the legal mail is
addressed; and finally, that all facilities permit attorneys to
bring in computers and cellular phones for attorney-client
meetings.
Alternatives to Detention.--ICE shall continue to brief the
Committee on any ATD contracts it awards under this program,
including contracts involving the ``Know Your Rights'' [KYR]
program for new participants. Within 60 days of the date of
enactment of this act, ICE shall begin providing monthly
reports on the number of noncitizens participating in the ATD
program, by technology type, cost by technology type, as well
as the number of participants who attend a portion of or all of
their immigration court hearings. The ATD program shall
continue the type of case management services provided under
the Family Case Management Program [FCMP]. The Committee
directs ICE to continue to publish annually the following
policies and data relating to ATD: guidance for referral,
placement, escalation, and de-escalation decisions; enrollment
by Field Office; information on the length of enrollment broken
down by type of ATD; and a breakdown of enrollment by type and
point of apprehension.
ATD Referrals.--The Committee directs ICE to consider
enrollment referrals from NGOs and community partners that are
actively implementing ICE's ATD programs that utilize case
management. ICE shall establish, with the consultation of
relevant NGO and local community partners, at ICE's discretion,
criteria for such referrals, guidelines for submission, and
criteria for how ICE will consider any such referrals for
enrollment in ATD programs. ICE shall submit a report to the
Committee on progress regarding these guidelines within 60 days
of the date of enactment of this act and quarterly thereafter
until the guidelines are finalized. ICE shall submit an annual
report on the number of NGO referrals that are submitted and
the number of such referrals accepted into ATD programs that
utilize case management programs.
ATD Metrics Reporting.--Within 30 days of the date of
enactment of this act, and monthly thereafter, ICE shall
provide to the Committee standardized data on all ATD programs,
compliance with court hearing attendance, compliance with final
order of removal, number of removals of ATD participants,
number of individuals removed from ATD prior to termination of
proceedings, number of ATD program violations for enrolled
participants in each program that occurred in the prior month,
whether the individual was subject to an enforcement action
upon such program violation, number of recent border entrants
enrolled in ATD without electronic monitoring, total size of
the non-detained docket, compliance data of noncitizens on the
non-detained docket not enrolled in an ATD program
disaggregating noncitizens previously enrolled in ATD and those
that were never enrolled.
Coordination with Third Parties.--Within 180 days of the
date of enactment of this act, ICE shall develop a standard
policy concerning the coordination of ICE releases to NGOs. The
policy, which shall be implemented across the agency, shall
specifically detail how Field Office Directors, and others,
should coordinate with NGOs in advance of the release of
noncitizens to any NGO custody and include protections for any
personally identifiable information. Specifically, the policy
shall formalize communication concerning the total number of
arriving persons, including whether any such persons are
children, and identify whether any individual is in need of
special services by the NGO, at least 24 hours in advance of
release, where practicable.
Custody Operations.--The Committee funds an average daily
population [ADP] of 34,000.
Detention Facility Contractor Hiring.--The Committee is
concerned that ICE has unused contract beds, which costs the
American taxpayers millions of dollars annually. The Committee
recognizes that one of the major challenges ICE continues to
face is the backlog of clearances to hire contract personnel to
provide the requisite staffing levels to utilize existing beds
at its facilities. Within 60 days of the date of enactment of
this act and monthly thereafter, ICE is directed to provide to
the Committee the number of detention facility contractor staff
in the hiring pipeline, including the number of staff cleared
and the number of contract staff new to the pipeline. ICE is
also directed to provide the average length of time to clear
contract staff. The first data set shall also include a plan to
address the hiring pipeline, and what challenges ICE faces with
addressing the hiring pipeline, including those that are within
and outside of ICE's control.
Detention and Solitary Confinement of Special
Populations.--The Committee is concerned about the use of
involuntary segregation in isolation, solitary confinement, and
protective custody of vulnerable, or special populations,
including persons who identify as transgender, and remains
concerned about the impact of prolonged detention on these
populations. The Committee strongly encourages ICE to utilize
ATD for this population, absent extraordinary circumstance or
Federal law requiring detention. The Committee directs ICE to
publicly report on a quarterly basis the number of individuals
who identify as transgender who were, or are, in their physical
custody for the preceding quarter. The report shall include, at
a minimum, the number of consecutive and cumulative days such
individuals were in detention or involuntary segregation,
through isolation, solitary confinement, or protective custody,
and include the basis for their involuntary segregation. ICE
shall reevaluate their custody level periodically, no less than
30 days, or sooner, where required by other State or Federal
law, to determine whether continued involuntary segregation is
appropriate. Within 90 days of the date of enactment of this
act, ICE shall ensure that all such persons who identify as
transgender, are only placed in a facility that meets the
principles and standards outlined in the 2015 ICE Memo
entitled, ``Further Guidance Regarding the Care of Transgender
Individuals.'' Within 90 days of the date of enactment of this
act, and annually thereafter, ICE shall report to the Committee
the number of facilities that meet the 2015 principles and
standards, their location, the number of available beds for
vulnerable or special populations, including those who identify
as transgender, whether those beds are in a form of involuntary
segregation, and whether such facilities need additional
resources to ensure the health and safety of such persons in
their care and custody.
Detention Standards and Inspections.--The Committee
reiterates direction provided in the Joint Explanatory
Statement accompanying the Consolidated Appropriations Act,
2017 (Public Law 115-31) regarding detention standards. The
Committee directs ICE to develop a timeline detailing steps the
agency will take to recruit additional contracting personnel
required for negotiating detention contracts and to brief the
Committee on its plan not later than 60 days after the date of
enactment of this act. The Committee further directs ICE to
post on its website within 60 days of the date of enactment of
this act a schedule for achieving 100 percent compliance with
PREA requirements; PBNDS 2011, as revised in 2016 and which
were in effect on January 1, 2017; and the most recent National
Detention Standards for all detainees. The Committee further
directs ICE to post on its website within 60 days of the date
of enactment of this act the results of completed PREA audits,
an assessment of whether the standards are effective in
protecting vulnerable populations, and all reports to the
Committee required under the Joint Explanatory Statement
accompanying the Consolidated Appropriations Act, 2017,
regarding contracting and detention standards. ICE shall also
identify the resource requirements needed to achieve PREA
compliance for the facilities that are currently not PREA
compliant but have PBNDS 2011, Standard 2.11, or PBNDS 2008
protections and shall identify the standard used in each
facility in the publicly available website. ICE is directed to
brief the Committee within 60 days of the date of enactment of
this act on a comprehensive plan to improve and increase the
number of inspections and provide the Committee with cost
projections to increase and improve inspections.
Enforcement and Removal Assistants [ERAs].--$11,000,000 is
for ERO to hire 145 additional ERAs to support the management
of the non-detained docket, including to assist the juvenile
division. Within 90 days of the date of enactment of this act,
and quarterly thereafter, ERO shall brief the Committee on
progress made against the hiring of these ERAs, including
location of ERAs and job function.
Expedited Removal.--Within 60 days of the date of enactment
of this act, and monthly thereafter, the Committee directs ICE
to report on the number of noncitizens processed for expedited
removal, the Nationalities of such noncitizens processed for
expedited removal, and the percent of executed removal orders
of such noncitizens processed for expedited removal. The
initial report shall include similar data dating back 10 fiscal
years.
Hunger Strikes.--Within 90 days of the date of enactment of
this act, ICE is directed to make public the following data
quarterly: (1) the number of individuals known to be presently
on a hunger strike (as defined by the 2011 Performance Based
National Detention Standards); and (2) the number of
individuals who have participated in a hunger strike who were
also subject to force feeding, hydration or forced urinary
catheterization or involuntary blood draws. Additionally, ICE
shall provide the Committee with the projected costs associated
with hunger strikes per fiscal year, which shall include costs
for equipment, additional medical supplies, and transportation,
as applicable.
Intensive Supervision Appearance Program [ISAP]
Utilization.--Within 30 days of the date of the enactment of
this act, ICE shall provide the Committee a report that
examines the alternatives to detention program. The report
shall identify all consequences for noncompliance options
currently available within the ATD program, identify how many
individuals remain on ATD through the duration of their
immigration court proceedings, provide the associated costs to
provide ATD services for the duration of such immigration
proceedings, identify how many times in the prior fiscal year a
form of de-escalation was utilized in the program and whether
such de-escalation was in accordance with existing policy, and
whether any such individuals who are determined to be
noncompliant are escalated to a higher level of supervision,
which shall include the basis for such escalation and the
noncompliant act.
Juvenile and Family Management Division [JFMD].--Within 60
days of the date of enactment of this act, and quarterly
thereafter, JMFD shall brief the Committee on the status of the
programs relating to regional juvenile coordinators and young
adults in the ICE system. The briefing shall include, at a
minimum, current staffing levels, requirements, challenges, and
success for both programs. Not later than 90 days after the
date of enactment of this act, JMFD shall conduct the training
for the Committee that is required under the Trafficking
Victims Protection Reauthorization Act [TVPRA].
Law Enforcement Support Center [LESC].--The Committee
directs ICE to ensure that current operations performed by the
LESC remain centralized at the LESC facility in Williston,
Vermont, and that these operations are not unnecessarily
duplicated elsewhere. The Department is also directed to submit
for Committee approval the reallocation of any resources
currently intended for LESC operations. It is expected that no
such reallocation will be made without Committee concurrence.
Minors.--Within 90 days of the date of enactment of this
act and monthly thereafter, the Secretary shall provide the
Committee with a report which shall include the number of
individuals currently in ICE's custody who were transferred to
ICE by the Office of Refugee Resettlement and a breakdown,
delineated by ICE area of responsibility, the type of placement
and accompanying justification for such placement.
Mobile Policy Application.--Current ICE ERO guidance,
policies, and standard operating procedures are dispersed on
several outdated platforms or sent via email broadcasts with
non-existent or insufficient data tags making it nearly
impossible for employees to effectively and efficiently search
for guidance pertinent to their essential job functions.
Accessibility of information is further complicated by
frequently changing laws and policies, and litigation outcomes
that may differ by locality. ERO officers in the field and
other employees need access to up-to-date, relevant, and
reliable resources to perform their job functions effectively,
safely, and in a manner that furthers public trust in the
agency. Therefore, the recommendation directs ICE to allocate
not less than $4,000,000 within Custody Operations to create a
functional and advanced technology accessible via desktop and
mobile device to contain and maintain guidance, policies, and
procedures in an intuitive and reliable manner for ERO
employees to use for their essential job functions. ERO and the
Office of the Chief Information Officer shall provide quarterly
progress updates to the Committee.
Parental Interests Directive.--Within 60 days of the date
of enactment of this act, ICE shall brief the Committee on the
implementation of ICE Directive 11064.3, Parental Interest of
Noncitizen Parents and Legal Guardians of Minor Children or
Incapacitated Adults, including the implementation of Section
5.12 of Directive 11064.3 requiring ICE Enforcement and Removal
Operations [ERO] to ensure the centralized tracking of and
reporting on noncitizen parents and legal guardians in ERO
custody. To the extent possible, while maintaining the privacy
rights of individuals involved, ICE is directed to make such
data publicly available, including, but not limited to, the
number of covered individuals involved in enforcement actions,
detained, or subject to transfer between detention facilities
or where ICE facilitated communication pursuant to such
directive.
Pregnant, Postpartum, and Lactating Women.--The Committee
supports the National policy to discourage the detention or
arrest of known pregnant, postpartum, or lactating women. For
any known pregnant, postpartum, or lactating woman whose
detention is required pursuant to law or documented exceptional
circumstance, ICE shall, not less than monthly, evaluate
whether such continued custody is necessary or required by law.
During this custody redetermination, ICE shall presume that the
continued custodial detention of pregnant, postpartum, or
lactating women is not appropriate absent exceptional
circumstances or where required by law. The Committee continues
the requirement to provide semiannual reports on the total
number of pregnant, postpartum, or lactating women in ICE
custody, including detailed justification of the circumstances
warranting each pregnant, postpartum, or lactating woman's
continued detention and the time in custody. These anonymized
reports should be made publicly available on the ICE website.
Removal of Parents of U.S. Citizen Children.--The Committee
continues its requirement that the Department submit data on
the removal of parents of U.S. citizen children semiannually.
Reporting Requirements.--ICE shall continue to provide
results of detention inspections on a public facing website
within 60 days of each inspection in a similar fashion as
required of inspection reports in fiscal year 2021. ICE is
directed to make public all final detention facility inspection
reports within 60 days of inspection; complete and make public
an initial report regarding any in-custody death within 30 days
of such death, with subsequent reporting to be completed and
released within 60 days of the initial report unless additional
time is required for redacting personally identifiable
information; make public a full list, updated monthly, of all
facilities in use for detention of adults or children,
including the average daily population, the type of contract,
the governing detention standards, and the complement of on-
board medical and mental health personnel; ensure that non-
governmental organizations are provided with independent and
timely access to all facilities for the purpose of providing
representation, legal education, and programming, and for
purposes of monitoring and visitation; and update detainee
location information in the ICE Detainee Online Locator system
within 48 hours of detention and 24 hours of completion of any
transfer.
Sensitive Locations and Protected Areas.--The Committee
continues a requirement to provide its officers with guidance
and training for engaging with victims and witnesses of crime,
and to strengthen policy guidance on enforcement actions in or
near sensitive locations, including courthouses, in order to
minimize any effect that immigration enforcement may have on
the willingness and ability of victims and witnesses to pursue
justice. Within 180 days of the date of enactment of this act,
ICE shall brief the Committee about any steps taken to minimize
the effect of immigration enforcement activity on victims and
witnesses of crime. ICE shall also continue to provide monthly
notifications to the Committee on enforcement actions that take
place in or near sensitive locations, including courthouses,
and placements for unaccompanied children. ICE shall consider
evacuation centers, shelters, and similar facilities operating
in response to an emergency or major disaster, as well as non-
Federal Government facilities servicing individuals and
families, and the curtilage of all such facilities, to be
sensitive locations.
Sex Offender Release Notifications.--The Committee
understands that ICE is currently notifying law enforcement
authorities and State regulatory organizations through the Sex
Offender Registration and Notification Act (Public Law 109-248)
exchange portal when ICE releases into their jurisdictions
individuals who have a registration requirement. The Committee
recommends continued funding to identify any potential
information gaps within this system and to address these gaps
in a manner that ensures that data on ICE detainees with sex or
violent offender records are provided in real time to
jurisdictions where such detainees will reside.
Stateless Individuals.--Within 30 days of the date of
enactment of this act, and monthly thereafter, ICE is directed
to make the number of stateless individuals in custody publicly
available on its website by facility location. Additionally,
ICE is directed to provide the Committee its definition of
statelessness within 30 days of the date of enactment of this
act.
Third Party Medical Costs.--The Committee remains concerned
about the growing medical costs for persons in CBP custody,
which ICE continues to be responsible for. As such, the
recommendation includes $169,000,000 for third party medical
bills. Within 60 days of the date of enactment of this act,
ICE, in coordination, with CBP, shall brief the Committee on
its methodology for forecasting third party medical costs and
demonstrate how CBP and ICE work together to ensure there is no
duplicative payments.
Transportation and Removal Program [TRP].--The Committee
recognizes that there has been a significant increase in the
costs associated with the TRP mission but remains concerned
about ICE's planning for these costs and continued reliance on
reprogrammings and transfers to solve the challenges. TRP
provides the safe and secure transportation of noncitizens who
are subject to final orders of removal or who require transfer
within the United States, which may ultimately include
transportation to the noncitizen's final destination if ICE
determines in its discretion that such transportation is
necessary. For purposes of TRP, the Committee believes that
expeditiously moving noncitizens from crowded facilities at the
border, avoiding a situation where noncitizens are left at
public places, and to reduce downstream inefficiencies in the
immigration process, such as initially not calendaring cases in
the noncitizens' final destination, are legitimate agency needs
and necessary at times.
Transfers of Noncitizens in Custody.--Within 90 days of the
date of enactment of this act, ICE shall develop a method of
publicly reporting transfers of noncitizens in custody for
purposes of data sharing and accountability. Such reporting
shall include the basis for the transfer and the sending and
receiving institution and shall ensure that all personally
identifiable information is protected.
Transportation Management Office [TMO] and the Juvenile and
Family Management Division [JFMD] Transportation and Compliance
Unit [TCU].--Within 60 days of the date of enactment of this
act, and quarterly thereafter, TMO and TCU shall jointly brief
the Committee on the existing transportation contracts,
including transportation to/from facilities, and all air,
ground and sea transportation contracts for all noncitizens,
including children and families. The briefing shall include a
description of the current contract's total capacity, capacity
per type of transportation, contract options, where applicable,
contract costs, including daily, and weekly and monthly actual
costs and projections. The briefing shall also compare
projections against actuals for the preceding quarter.
Transparency in Contracting.--Not later than 60 days after
the date of enactment of this act, and quarterly thereafter,
ICE shall publish on a publicly accessible website a
consolidated compilation of all contracts and agreements 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. ICE shall update its public archive of
detention contracts on a quarterly basis and publish the
records on its FOIA Library webpage.
Voluntary Work Program.--Within 120 days of the date of
enactment of this act, ERO is directed to brief the Committee
on the costs associated with the voluntary work program, to
include five fiscal years, worth of data, and an analysis of
costs that would be incurred by paying the prevailing or
minimum wage at a State-by-state level.
287(g) Agreements.--The Committee directs ICE to publish
applications for new or renewed 287(g) agreements on its
website 8 weeks prior to entering into any such agreement. ICE
shall ensure thorough vetting of 287(g) applicants in an effort
to minimize detention conditions that do not fully comply with
the PBNDS and PREA standards. As of January 2021, the
Department issued monthly reports on high-profile criminal
noncitizens encountered through this program. ICE is directed
to report to the Committee on the effectiveness, and accuracy,
of prior efforts to publicly disclose personally identifiable
information about noncitizens encountered through the 287(g)
program within 60 days of the date of enactment of this act.
Before renewing or initiating any 287(g) agreement, the
Director of ICE shall make a formal determination, that
explains: (1) Why ICE is unable to perform the delegated duties
itself; (2) What measures ICE is taking to assume those
responsibilities itself in the future; and, (3) An estimate of
how long it will take until ICE no longer requires the
agreement because it has internally addressed the covered
jurisdiction's needs.
MISSION SUPPORT
Fleet Backlog.--The recommendation includes $25,000,000 to
address the fleet backlog. Within 90 days of the date of
enactment of this act and quarterly thereafter, ICE shall
provide the Committee with a plan for how these funds will be
used.
OHC Hiring Support.--The recommendation includes
$10,000,000 to ICE's Office of Human Capital to provide support
for ICE's ability to hire. Within 90 days of the date of
enactment of this act and quarterly thereafter, ICE shall
provide the Committee with a plan for how these funds will be
used.
OFFICE OF THE PRINCIPAL LEGAL ADVISOR
Office of the Principal Legal Advisor [OPLA].--The
Committee is concerned that the request for OPLA is only
funding for attorneys and not support personnel. Within 90 days
of the date of enactment of this act, ICE is directed to
provide the Committee a hiring plan which contains details for
how these positions will be filled, where they will be located,
and provide the appropriate balance of support staff to
attorney hire ratio.
Administrative Closures.--Within 60 days of the date of
enactment of this act, and quarterly thereafter, OPLA shall
provide a report to the Committee that includes the total
number of administrative closures (known as `ad closes') per
OPLA Field Office for the preceding quarter.
OPLA Caseloads.--The Committee is concerned about the
caseload sizes for OPLA attorneys, which may create large
workloads resulting in overworked personnel, possibly
increasing the likelihood of extended case processing times,
stress-related burnout, turnover, or other errors. Within 90
days of the date of enactment of this act, OPLA shall provide
the Committee with the average caseload sizes and caseload size
goals per attorney.
OPLA Hiring.--The Committee recommends $10,000,000 above
the request for OPLA hiring, to include attorneys and the
necessary support staff.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2023.................................... $22,997,000
Budget estimate, 2024................................... 50,520,000
Committee recommendation................................ 50,100,000
COMMITTEE RECOMMENDATIONS
Construction and Facility Improvements.--The recommendation
includes $15,100,000 for critical repair requirements, as
requested. The Committee recognizes that the costs of
constructed new facilities and making major refurbishments to
existing ones changes over time. As such, the Committee directs
ICE to provide a detailed spend plan for each project within 30
days of the date of enactment of this act and update the
Committee quarterly thereafter. Subsequent briefs are to
include changes to cost estimates.
RAVEn.--The Committee recommends $35,000,000 for RAVEn.
Funds are provided to build out the system's ability to
leverage data for the purposes of investigations related to
fentanyl. ICE shall provide a plan on the use of these funds
within 90 days of enactment of this act.
Transportation Security Administration
The Transportation Security Administration [TSA] is charged
with ensuring security across U.S. transportation systems,
including aviation, railways, highways, pipelines, and
waterways; and safeguarding the freedom of movement of people
and commerce.
COMMITTEE RECOMMENDATIONS
The Committee recommends a gross discretionary total of
$10,890,668,000 and a net of $7,414,668,000 for TSA, which is
$407,723,000 less (total)/$1,152,277,000 more than the request
and $1,061,128,000 above/$931,128,000 above the fiscal year
2023 enacted level.
The following table summarizes the Committee's
recommendation as compared to the fiscal year 2023 enacted and
fiscal year 2024 budget request levels:
TRANSPORTATION SECURITY ADMINISTRATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and Support.................................... 8,798,363 10,331,752 10,020,729
Aviation Passenger Security Fees.......................... -2,490,000 -4,180,000 -2,620,000
-----------------------------------------------------
Subtotal, Operations and Support (net)................ 6,308,363 6,151,752 7,400,729
=====================================================
Procurement, Construction, and Improvements............... 141,645 81,357 13,939
Research and Development.................................. 35,532 29,282 ................
-----------------------------------------------------
Total, Transportation Security Administration (net)... 6,483,540 6,262,391 7,414,668
=====================================================
Total, Transportation Security Administration (gross). 9,829,540 11,298,391 10,890,668
----------------------------------------------------------------------------------------------------------------
OPERATIONS AND SUPPORT
Appropriations, 2023.................................... $6,308,363,000
Budget estimate, 2024................................... 6,151,752,000
Committee recommendation................................ 7,400,729,000
COMMITTEE RECOMMENDATIONS
The Committee recommends an appropriation of
$10,020,729,000 for Operations and Support [O&S], which is
$311,023,000 below the budget request amount and $1,222,366,000
above the fiscal year 2023 enacted level. This amount is
partially offset by $2,620,000,000 in estimated aviation
security fee collections that are credited to this
appropriation, as authorized, resulting in a net discretionary
appropriation of $7,400,729,000. The budget request erroneously
assumed that an additional $1,520,000,000 of aviation security
fees could be diverted to O&S PPAs instead of deficit reduction
payments required by statute. The Committee reminds the
Department and TSA that Section 534 of the Consolidated
Appropriations Act of 2023 (Public Law 117-103) requires the
Secretary of Homeland Security, within 60 days of any budget
submission for the Department that assumes revenues or proposes
a reduction from the previous year based on user fees proposals
that have not been enacted into law prior to the submission of
the budget, to provide the Committees on Appropriations of the
Senate and the House of Representatives specific reductions in
proposed discretionary budget authority commensurate with the
revenues assumed in such proposals in the event that they are
not enacted prior to October 1, 2023.
The Committee lauds TSA's continued efforts to achieve pay
equity for its workforce, especially in improving pay for
frontline transportation security officers. The Committee
recommends an appropriation of $5,111,550,000 in the TSA
Screener Personnel, Compensation, and Benefits account to
achieve pay equity and annualize the fiscal year 2023 pay
raise. This is to ensure TSA is staffed and funded in order to
allocate the appropriate number of officers at airports to
avoid long lines and excessive wait times and ready to meet the
needs across the enterprise as passenger volumes increase at
security checkpoints.
Staffing and Workload Report.--Within 90 days of the date
of enactment of this act and monthly thereafter, TSA shall
continue to provide to the Committee a report on staffing
levels by major personnel categories along with the travel
volumes during the same time period. The report shall display
the following for each personnel category: onboard and FTE
levels at the end of the previous fiscal year; positions and
FTE levels funded through enacted appropriations for the
current fiscal year; and onboard positions and FTE at the end
of the month being reported. Additionally, the report shall
include key TSA performance measures, such as travel volumes
and wait times at checkpoints, as well as incorporate
deployment of new equipment to identify how changes in
personnel and assets impact TSA's operational capabilities.
AVIATION SCREENING OPERATIONS
Aviation Worker Screening.--The Committee recognizes TSA's
authority to deter and detect threats to airport security. The
Committee is concerned that the recently issued National
Amendment on Aviation Worker Screening (TSA-NA-23-02) that
requires airports to significantly increase airport-performed
physical screening of employees may be implemented in a manner
that imposes undue burdens on airport operators. Further, the
Committee is concerned that the National Amendment will be
implemented prior to a thorough cost benefit analysis or risk
assessment to justify the change. Furthermore, the National
Amendment may place requirements on non-TSA security screeners
that exceed their legal authority. The Committee urges TSA to
delay the implementation of the National Amendment for no less
than 1 year and to reassess the amendment's implementation,
including through soliciting a formal round of notice and
comment to examine the benefits to aviation security and the
full financial and operational impacts of this proposal on
airports.
Registered Traveler [RT] Program.--The RT Program is a
passenger convenience service that allows private entities to
provide front-of-line access to the TSA Travel Document Checker
[TDC]. RT participants are not considered to be low risk, and
do not undergo Federal background checks. The Committee is
aware of recent incidents involving the RT Program and directs
TSA to notify the Committee within 30 days of security
incidents involving RT service providers. Within 30 days of the
date of enactment of this act, TSA shall provide a report
detailing their plan to address vulnerabilities created by RT
service providers. Further, the Committee strongly encourages
TSA to verify the identity of all passengers enplaning at TSA-
regulated airports, including passengers enrolled in and
escorted by RT service providers. The Committee also supports
efforts to ensure passengers using PreCheck and standard
security screening lanes are not unduly troubled by identity
verification of RT participants.
Facial Recognition Technology.--The Committee directs TSA
to ensure passengers are informed of their option to forgo the
use of facial recognition or facial matching technology in
airports, via spoken announcements and other methods, where
Credential Authentication Technology [CAT] is deployed at
individual security checkpoints or kiosks for identity
verification. The Committee is disappointed with TSA's
communications plan to the general public for the roll-out of
this new technology, as optional participation is not always
immediately apparent via existing signage and its placement.
TSA shall consult with the Committee on the format and
presentation of the signage, including signage accessible to
individuals with visual disabilities. Within 90 days of the
enactment of this act, TSA shall report to Congress detailing
how the use of facial recognition technology by TSA does not
infringe on constitutional and statutory protections for due
process, nondiscrimination, privacy, and freedom of speech and
association.
Screening Workforce Pay Strategy.--The Committee recognizes
TSA's continued work to improve efforts to retain, hire, and
train Transportation Security Officers [TSO] through pay reform
initiatives. The screener workforce is critical to identifying
and mitigating aviation security threats and these initiatives
are key to increase workforce retention; provide opportunities
for employees to develop, grow, and enhance their careers; and
improve the Nation's overall aviation security posture. The
Committee directs TSA to continue to provide a quarterly report
on pay reform efforts and the subsequent effect on TSO
retention levels. Additionally, TSA shall provide a report to
the Committee within 180 days of the date of enactment of this
act detailing the number of TSOs hired and corresponding
retention levels since fiscal year 2016, delineated by fiscal
year. As part of this report, TSA shall include a plan for
continuous and sustained human capital investment that also
incorporates the impact of new technologies and equipment that
bring more capabilities to the workforce.
Screening Partnership Program [SPP].--The recommendation
maintains necessary funds for security at airports where
private screening contracts are in place. The Committee finds
that small and rural airports play a critical role in the
security of our National Airspace System as the first point of
entry for millions of travelers every year. Therefore, the
Committee encourages TSA to work with local airport authorities
and stakeholders to ensure that appropriate security screening
services are deployed to any public use airport with regularly
scheduled commercial air service.
Credential Authentication Technology [CAT].--Within 90 days
of the date of enactment of this act and quarterly thereafter,
TSA shall provide a report to the Committee detailing airports
at which CAT is currently deployed, airports at which CAT is
not currently deployed, and a plan for the full procurement and
deployment of CAT systems at all of the Nation's airports.
Passenger Volume Growth.--TSA shall ensure that future
budget requests include a robust forecast of passenger volume
in relation to funded staffing levels and the projected
improvements in operational capabilities as a result of the
continued deployment of new technologies.
Hiring in Rural Communities.--Not later than 90 days after
the date of enactment of this act, TSA shall brief the
Committee on the challenges of recruiting and retaining Federal
employees in non-contiguous and rural States. At a minimum, the
brief should include how TSA is addressing these challenges and
the resources so identified for this purpose. TSA is strongly
encouraged to consult with the Committee prior to the brief to
ensure the requisite data needs are addressed and captured in
this briefing.
OTHER OPERATIONS AND ENFORCEMENT
Federal Air Marshal Service [FAMS].--The recommendation
includes $857,828,000 for the FAMS, and includes funding to
continue protection of the air transportation system against
terrorist threats, sabotage, or other acts of violence. The
Committee directs TSA to submit semiannual reports on FAMS
mission coverage, staffing levels, and hiring rates as it has
done in prior years.
Federal Flight Deck Officer [FFDO] and Flight Crew Training
Programs.--The Committee recommends $26,553,000, which is
$244,000 less than the request, for the FFDO and Flight Crew
Training programs. Within 60 days of the date of enactment of
this act, TSA shall brief the Committee on the FFDO Program.
The brief shall, at a minimum, include current backlogs of
candidates awaiting initial training, utilization numbers for
FFDO recurrent training, FFDO firearms recertification
training, plans to address the backlog, and plans to expand the
program.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2023.................................... $141,645,000
Budget estimate, 2024................................... 81,357,000
Committee recommendation................................ 13,939,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $13,939,000 for Procurement,
Construction, and Improvements [PC&I], which is $67,418,000
below the budget request amount and $127,706,000 below the
fiscal year 2023 enacted level.
In-Line Baggage Handling and Screening Systems.--The
recommendation of $13,939,000 supports outstanding
reimbursement for costs associated with In-line Baggage and
Screening System. The Committee recognizes the safety benefits
of the In-Line Baggage Handling and Screening Systems to
improve the security screening of checked baggage. The
Committee encourages TSA to continue to support expansion of
Explosive Detection Systems [EDS] at small airports to enhance
security across the airport system and offer improved
capabilities such as: greater ability to differentiate threats
using the standalone EDS, reduced processing time for the
baggage being screened, and reduction of manual screening to
exceptions identified by the EDS.
RESEARCH AND DEVELOPMENT
Appropriations, 2023.................................... $33,532,000
Budget estimate, 2024................................... 29,282,000
Committee recommendation................................................
COMMITTEE RECOMMENDATIONS
The Committee recommends $0 for Research and Development
[R&D], which is $29,282,000 below the budget request amount and
$33,535,000 below the fiscal year 2023 enacted level.
Coast Guard
The primary responsibilities of the Coast Guard include:
enforcement of all applicable Federal laws on the high seas and
other waters subject to the jurisdiction of the United States;
promotion of safety of life and property at sea; assistance to
navigation; protection of the marine environment; and
maintenance of a State of readiness to function as a
specialized service of the Navy in time of war, as authorized
by sections 1 and 2 of title 14, United States Code. The
Commandant of the Coast Guard reports directly to the Secretary
of Homeland Security.
COMMITTEE RECOMMENDATIONS
The Committee recommends $12,605,769,000 for the Coast
Guard, which is $599,939,000 below the budget request amount
and $1,069,136,000 below the fiscal year 2023 enacted level.
The following table summarizes the Committee's
recommendation as compared to the fiscal year 2023 enacted and
fiscal year 2024 budget request levels:
COAST GUARD
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and Support.................................... 9,700,478 10,223,988 10,063,203
Procurement, Construction, and Improvements............... 1,669,650 1,550,000 1,118,322
Research and Development.................................. 7,476 7,476 ................
Health Care Fund Contribution (Permanent Indefinite 252,887 277,000 277,000
Appropriations)..........................................
Retired Pay............................................... 2,044,414 1,147,244 1,147,244
Administrative Provisions................................. ................ ................ ................
-----------------------------------------------------
Total, Coast Guard.................................... 13,674,905 13,205,708 12,605,769
=====================================================
(Defense)............................................. 530,000 530,000 530,000
----------------------------------------------------------------------------------------------------------------
OPERATIONS AND SUPPORT
Appropriations, 2023.................................... $9,700,478,000
Budget estimate, 2024................................... 10,223,988,000
Committee recommendation................................ 10,063,203,000
The Operations and Support [O&S] appropriation provides
funds for the salaries and benefits of both military and
civilian personnel and the operation and maintenance of
multipurpose vessels, aircraft, and shore units strategically
located along the coasts and inland waterways of the United
States and in selected areas overseas. The program activities
of this appropriation include: search and rescue; aids to
navigation; marine safety; marine environmental protection;
enforcement of laws and treaties; Arctic and Antarctic
operations; and defense readiness.
COMMITTEE RECOMMENDATIONS
The Committee recommends $10,063,203,000 for O&S, which is
$160,785,000 below the budget request amount and $362,725,000
above the fiscal year 2023 enacted level. The recommendation
includes an increase above the budget request of $1,000,000 for
the Cetacean Desk for Puget Sound Region, and $6,000,000 for
fishing grants; and decreases below the budget request amount
of $3,364,000 for acquisition support personnel, $14,989,000
for data for decision advantage, $133,000 to decommission
Island Class Patrol Boats, $50,000 to decommission Reliance
Class Medium Endurance Cutters, $2,157,000 for Fast Response
Cutter [FRC] follow-on, $3,843,000 for HC-27J follow-on,
$42,716,000 for enterprise IT follow-on, $2,300,000 for
financial systems modernization, $5,541,000 for medical
readiness, $582,000 for shore facility follow-on, $6,054,000
for software follow-on, $500,000 in unallocated Operations and
Support account funding, $1,148,000 for Waterways Commerce
Cutter [WCC] follow-on, $6,894,000 for WLB crew reconstitution,
$11,978,000 for workforce recruiting and accessions,
$15,453,000 for workforce support, and $50,083,000 for other
reductions. The total includes $24,500,000 from the Oil Spill
Liability Trust Fund and $530,000,000 for Coast Guard defense-
related activities. For the fiscal year 2025 budget
justification, the Committee expects the request to contain the
same sub-PPA level of detail.
Cetacean Desk for Puget Sound Region.--The Committee
provides $1,000,000 for implementation of the Cetacean Desk for
Puget Sound Region, as authorized in the 2023 James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 (Public
Law 117-263).
Child Care Costs Study.--The child care sector has
struggled to rebound after the pandemic and child care workers
are among the lowest paid workers in the country. The Committee
directs the Secretary of Homeland Security to conduct a study
for each geographic area in which the Secretary operates a
Coast Guard child development center. The study should (A)
compare the total compensation (including all pay and benefits)
of child development center employees of each Coast Guard child
development center in such geographic area, to the total
compensation of similarly credentialed employees of public
elementary schools in such geographic area; and (B) estimate
the difference in average pay and the difference in average
benefits between such child development center employees and
such employees of public elementary schools. The Secretary is
directed to submit a report summarizing the studies to the
Committee within 180 days of the date of enactment of this act.
Child Care Subsidy.--The Committee recognizes the unique
barriers service members at remote and small duty stations
experience with respect to securing adequate child care. The
Committee provides not less than $25,000,000, as requested, for
Fee Assistance, child care subsidies, and related child care
provisions authorized by the Don Young Coast Guard
Authorization Act of 2022.
Coast Guard Yard.--The Committee recognizes the unique
importance of the Coast Guard Yard in Curtis Bay, Maryland to
the readiness of our country's naval assets and urges the
Administration to include a request for funding for Coast Guard
Yard Shoreside Infrastructure and Facilities and Coast Guard
Resilient Infrastructure and Construction in its fiscal year
2025 budget justification as authorized in sections
11105(a)(2), 11106 and 11204 in the 2023 James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 (Public
Law 117-263).
Combatting Illegal, Unreported, and Unregulated [IUU]
Fishing.--The Committee recognizes the importance of bolstering
the maritime domain awareness of partner island nations through
the Coast Guard's Shiprider program, specifically in the Indo-
Pacific region. The Department is encouraged to use amounts
appropriated for Operations and Strategy Development to improve
security cooperation with island States on IUU fishing. Within
180 days of the date of enactment of this act, the Coast Guard
shall brief the Committee on an operational-level plan
(including cost projections) for such improved security
cooperation, and the most impactful island States to be
targeted.
Diesel Outboard Motors.--The Committee is aware that
reliable diesel-fueled alternatives to traditional outboard
marine motors are now readily available for government use. The
Committee is also aware that several diesel-fueled outboard
marine motors have been tested and evaluated by the United
States Navy in its ongoing effort to comply with Department of
Defense [DOD] Directive No. 4140.43, which requires the
Department of Defense to phase-out light gasoline-fueled
outboard marine motors with diesel-fueled outboard marine
motors meeting military specifications.
The Committee is encouraged by reports that diesel-fueled
outboard motors may provide government entities with reduced
life-cycle costs due to increased fuel efficiency, reduced
maintenance, and simplified logistics. Further, the elimination
of gasoline transported on board aircraft and larger ships for
the use in outboard marine motors decreases the likelihood of
catastrophic fire and explosion.
Therefore, Committee directs the Coast Guard, to establish
standards and specifications for the test and evaluation of
diesel-fueled outboard marine motors within 270 days of the
date of enactment of this act.
Environmental Compliance and Remediation.--The fiscal year
2023 appropriation included $15,928,000 for site investigations
and remediation activities at 30 Coast Guard locations for the
cleanup of hazardous substances and pollutants. The Coast Guard
is encouraged to continue its progress on these studies and to
include any known funding needs related to such remediation
work in the annual President's Budget.
Fishing Safety Grants.--The Committee provides $6,000,000
above the budget request amount for Fishing Safety Training and
Research grants. The Committee supports an agreement between
the Coast Guard and the National Institute for Occupational
Safety and Health [NIOSH] to efficiently administer the Fishing
Safety Training and Fishing Safety Research Grant Programs in
fiscal year 2024. The Coast Guard is directed to provide a
briefing to the Committee not later than 90 days after the date
of enactment of this act on the execution of the Fishing Safety
Training and Fishing Safety Research Grant Programs since the
start of the programs. If the Administration believes funding
for this activity should be provided directly to NIOSH in
fiscal year 2025, the brief shall provide that justification
and such a change should be articulated in the next budget
request.
The Committee recognizes the economic hardships experienced
by fishing communities as a result of the COVID-19 pandemic.
The Committee encourages the Coast Guard to provide a temporary
administrative waiver of the cost-share cited in Subsection (i)
of section 4502 of title 46, U.S. code for the Fishing Safety
Training and Research Grants Programs.
Great Lakes Center of Expertise for Oil Spill Preparedness
and Response.--The Committee recognizes the importance of
examining the impacts of oil spills in freshwater environments
and helping develop effective responses, and continues its
support of the Coast Guard's work as a co-host of the Great
Lakes Center of Expertise for Oil Spill Preparedness and
Response.
International Port Security Enforcement.--No funds provided
by this act shall be used to assess the effectiveness of the
antiterrorism measures maintained at any port controlled by a
foreign government that is a State sponsor of terrorism or a
foreign terrorist organization. Any such port described above
shall be deemed by the Secretary of Homeland Security as not
having effective antiterrorism measures for the purposes of 46
U.S.C. 70108 and 70109, and the Secretary shall immediately
take the actions described in 46 U.S.C. 70110(a). Within 90
days of the date of enactment of this act, the Commandant shall
provide a briefing to the Committee on any such actions taken
to date and shall provide updates to the Committee within 30
days of any such future actions.
Merchant Mariner Credential Processing.--The Committee is
concerned about the turnaround time for Merchant Mariner
Credentials [MMC]. The Coast Guard reports no significant
delays in credentialing; however, mariners and maritime
transportation employees report delays up to 6 months between
submitting applications and receipt of their MMC. Within 90
days of the date of enactment of this act, the National
Maritime Center shall provide a report to the Committee
reviewing the system for evaluating and approving Merchant
Mariner Credentials. The report should identify any existing
performance gaps and suggest changes to address such gaps,
including those related to system performance and extended
application turnaround times.
Minor Shore Infrastructure.--The bill includes long-
established language to allow funds for operations to be used
for the sustainment, repair, replacement, and maintenance of
shore infrastructure projects, including projects to correct
deficiencies in code compliance or to mitigate against threats
to life, health, or safety, with costs not exceeding 75 percent
of a building's or structure's replacement value. Additionally,
O&S funds can be used for contingent, emergent, or other
unspecified minor construction projects which include new
construction, procurement, development, conversion, rebuilding,
improvement, or extension of any facility not exceeding
$2,000,000 in total cost at any location for planned or
unplanned operational needs.
Obstruction of Safe Navigation in U.S. Territorial
Waters.--The Committee is concerned that proposals to protect
the North Atlantic Right Whale and Rice's Whale which restrict
navigation for recreational and commercial vessels and could
have severe detrimental impacts to the ability of commercial
vessels to approach major harbors on the Atlantic Seaboard and
in the Gulf of Mexico and recreational vessels to safely
navigate. Further, the Committee directs the Commandant of the
Coast Guard to follow the requirements of the Administrative
Procedure Act (Public Law 79-404), as amended, regarding all
public comments filed for such proposals, as appropriate.
Operation Fouled Anchor.--The Committee is deeply concerned
and angered by the incidents and allegations of sexual abuse,
sexual violence, and the subsequent cover-up of these incidents
at the United States Coast Guard Academy detailed in the
``Operation Fouled Anchor'' investigation. If accurate, the
Committee is further disturbed by the decision by Coast Guard
senior leadership to withhold the results of this years-long
investigation from Congress, only reaching out to Congress when
it became apparent that a media story regarding the
investigation was to be published. Therefore, the Commandant
shall provide a report to the Committee within 90 days of the
date of enactment of this act, which includes a detailed
timeline of all approvals correspondence regarding the
``Operation Fouled Anchor'' report. The report shall also
include a detailed accounting of when and why the decision was
made to withhold information regarding the investigation from
Congress, the Coast Guard personnel involved in such decision
and their respective roles in such decision, and shall include
all memoranda, reports, and other correspondence and materials
related to incidents and alleged incidents of sexual abuse and
sexual violence at the Coast Guard Academy that have not
previously been disclosed to Congress. Further, the Commandant
shall direct that all uninvestigated allegations of sexual
assault and sexual violence from 2006 to the date of enactment
of this act be investigated by the Coast Guard Investigative
Service [CGIS] and that any results of any previous
investigations of sexual assault and sexual violence covering
the same time period are reviewed to determine whether they
were appropriately handled. Finally, the Commandant shall
transmit the results of each subsequent investigation and
review to Congress within one business day of their approval by
Coast Guard leadership.
Tracking Dark Vessels in Remote Maritime Regions.--The
Committee notes Coast Guard's efforts to integrate commercial
space-based radio frequency data into operational workflows,
and understands these efforts may be scalable to improve
maritime domain awareness in remote maritime regions. Within
180 days of the date of enactment of this act, Coast Guard
shall brief the Committee on these efforts and any plans for
further integration, including an analysis on the potential
impacts on Coast Guard's effectiveness in the maritime
environment.
U.S. Coast Guard C5I Service Center.--The U.S. Coast Guard
C5I Service Center (previously known as the Operations Systems
Center) supports the 11 Coast Guard statutory mission areas by
housing and maintaining all of the Coast Guard's IT systems and
computer servers, as well as by providing operational watches
worldwide through the Mutual-Assistance Vessel Rescue System.
The Committee appreciates the Coast Guard's continued
commitment to advancing the work of the C5I Service Center.
Unfunded Priorities List [UPL].--The Committee directs the
Coast Guard to provide to the Committee at the time of the
fiscal year 2025 budget request submission a list of approved
but unfunded Coast Guard priorities and the funding needs for
each priority.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2023.................................... $1,669,650,000
Budget estimate, 2024................................... 1,550,000,000
Committee recommendation................................ 1,118,322,000
The Procurement, Construction, and Improvements [PC&I]
appropriation provides funds for vessels, aircraft, information
management resources, shore facilities, aids to navigation, and
military housing required to execute the Coast Guard's missions
and achieve its performance goals.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,118,322,000 for PC&I, which is
$431,678,000 below the budget request amount and $551,328,000
below the fiscal year 2023 enacted level. The total includes
$20,000,000 from the Oil Spill Liability Trust Fund.
Fleet Mix Analysis.--The Committee continues to be
interested in the Fleet Mix Analysis required in the Joint
Explanatory Statement accompanying Public Law 117-103, and
appreciates the Coast Guard's periodic status updates. The
Committee reiterates its expectation, as stated in the
requirement, that the analysis be truly comprehensive and
include all classes of vessels, even those whose mission might
not have a direct bearing on the workload of other vessel
classes.
Full-Funding Policy.--The Committee again directs an
exception to the current acquisition policy that requires the
Coast Guard to attain the total acquisition cost for a vessel,
including long lead time materials [LLTM], production costs,
and post-production costs, before a production contract can be
awarded. This policy has the potential to make shipbuilding
less efficient, to force delayed obligation of production
funds, and to require post-production funds far in advance of
when they will be used. The Department should position itself
to acquire vessels in the most efficient manner within the
guidelines of strict governance measures.
Funded Projects.--The Committee expects that when it funds
specific projects, those projects shall be executed
expeditiously and responsibly. The Coast Guard shall be
transparent with respect to cost increases, executability
concerns, and any other issues that may increase the risk
profile of a project, and shall provide the Committee
sufficient time to consider the issue and respond in an
appropriate manner.
VESSELS
National Security Cutter [NSC].--No funding is provided for
the NSC acquisition program.
Offshore Patrol Cutter [OPC].--The Committee provides the
requested amount of $579,000,000 for the construction of the
sixth OPC and LLTM for the seventh OPC. While the Committee
supports OPC procurements, the Committee remains concerned
about costs for the program and continues the requirement for
the Coast Guard to brief the Committee within one week prior to
taking any procurement actions impacting estimated costs for
the OPC program.
Fast Response Cutter [FRC].--No funding is provided for the
FRC program.
Cutter Boats.--The Coast Guard's 52-foot motor lifeboats
are past their operational service life and have suffered
serious maintenance issues. The Coast Guard removed the 52's
from service in October of 2020 due to these challenges,
causing an operational capability gap. The recommendation
includes $10,000,000 above the request to support costs related
to the 52-foot Heavy Weather Boat [SPC-HWX] acquisition
program.
Waterways Commerce Cutter [WCC].--No funding is provided to
the WCC program.
Polar Security Cutter [PSC].--No funding is provided to the
PSC program. The Committee remains concerned with the progress
of the PSC program, but is hopeful that the Coast Guard will
show progress towards a design and a plan for future
construction. Within 90 days of the date of enactment of this
act, the Coast Guard shall brief the Committee on the program's
progress, and shall provide a timeline for the completion of a
detailed design and the construction of PSC 1.
Great Lakes Icebreaker [GLIB].--The Committee provides
$55,000,000, as requested, for the procurement of a new GLIB
that is at least as capable as the USCG MACKINAW.
Commercially Available Polar Icebreaker.--The Committee
provides $125,000,000 for the acquisition of a commercially
available polar icebreaker, as requested.
AIRCRAFT
HC-27J Conversion and Sustainment.--No funding is provided
for the HC-27J Conversion and Sustainment program.
HC-130J Acquisition, Conversion, and Sustainment.--No
funding is provided for the HC-130J Acquisition, Conversion,
and Sustainment program.
MH-60T.--The Coast Guard's MH-60T helicopters perform a
critical and often life-saving role on a daily basis. The
Committee is aware that the current fleet of MH-60T helicopters
is rapidly accumulating flight hours and is nearing the end of
its service life. Efforts to extend the service life of these
aircraft, including the development and integration of electric
braking systems are strongly supported by the Committee. The
recommendation includes $56,500,000 above the budget request to
outfit and assemble two MH-60T aircraft to accelerate the
rotary wing fleet transition.
Small Unmanned Aircraft Systems [sUAS].--The recommendation
includes $178,000 below the budget request for the sUAS
program.
OTHER ACQUISITION PROGRAMS
No funding is provided for Other Acquisition Programs.
SHORE FACILITIES AND AIDS TO NAVIGATION
Major Construction, Housing, Aids to Navigation [AtoN], and
Survey and Design.--No funding is provided to the Major
Construction; Housing; AtoN; and Survey and Design program.
Major Acquisition Systems Infrastructure [MASI].--The
Committee recommends $130,000,000 above the request for the top
MASI priority on the Unfunded Priorities List [UPL] to prepare
for PSC homeporting, $25,000,000 for FRC Homeport Seward, and
$64,000,000 below the request level for other MASI projects.
Minor Shore.--No funding is provided for the Minor Shore
program.
RESEARCH AND DEVELOPMENT
Appropriations, 2023.................................... $7,476,000
Budget estimate, 2024................................... 7,476,000
Committee recommendation................................................
The Coast Guard's Research and Development [R&D]
appropriation provides funds to develop techniques, methods,
hardware, and systems that contribute directly to increasing
the productivity and effectiveness of the Coast Guard's
operational missions. This appropriation also provides funds to
operate and maintain the Coast Guard Research and Development
Center.
COMMITTEE RECOMMENDATIONS
The Committee recommends $0 for R&D, which is $7,476,000
below the budget request amount, and $7,476,000 below the
fiscal year 2023 enacted level.
Basket and Litter Stabilization Technology.--The Coast
Guard is encouraged to consider the feasibility of
incorporating rescue basket and litter stabilization technology
to enhance safety during search and rescue missions.
3D Printing Technologies.--The Coast Guard is also
encouraged to explore onboard 3D printing technologies to keep
pace with maintenance, repair and overhaul requirements.
Enhancing Search and Rescue.--The Committee encourages the
Coast Guard to develop and integrate fully autonomous
technologies, such as artificial intelligence and human-machine
collaboration, for use in Coast Guard search and rescue
operations during extreme weather events to improve efficiency
and de-risk rescue personnel.
HEALTH CARE FUND CONTRIBUTION
Appropriations, 2023.................................... $252,887,000
Budget estimate, 2024................................... 277,000,000
Committee recommendation................................ 277,000,000
According to estimates by the Congressional Budget Office,
the Coast Guard will pay $277,000,000 in fiscal year 2024 to
the Medicare-Eligible Retiree Health Care Fund for the costs of
military Medicare-eligible health benefits earned by its
uniformed service members. The contribution is funded by
permanent indefinite discretionary authority pursuant to Public
Law 108-375.
RETIRED PAY
Appropriations, 2023.................................... $2,044,414,000
Budget estimate, 2024................................... 1,147,244,000
Committee recommendation................................ 1,147,244,000
The Retired Pay account provides for: the pay of retired
military personnel of the Coast Guard, Coast Guard Reserve, and
members of the former Lighthouse Service; annuities payable to
beneficiaries of retired military personnel under the retired
serviceman's family protection plan pursuant to sections 1431-
1446 of title 10, United States Code and survivor benefit plan
pursuant to sections 1447-1455 of title 10, United States Code;
payments for career status bonuses under the National Defense
Authorization Act (Public Law 115-232); continuation pay; and
payments for medical care of retired personnel and their
dependents under the Dependents Medical Care Act (10 U.S.C.,
ch. 55).
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,147,244,000 for Retired Pay, as
requested, and $897,170,000 below the fiscal year 2023 enacted
level.
United States Secret Service
The United States Secret Service's [USSS] appropriation
provides funds for: the protection of the President, the Vice
President, and other dignitaries and designated individuals;
enforcement of laws relating to obligations and securities of
the United States; enforcement of laws and investigations
relating to financial crimes that include, but are not limited
to, access device fraud, financial institution fraud, identity
theft, and computer fraud; mitigation against computer-based
attacks on financial, banking, and telecommunications
infrastructure; and protection of the White House and other
buildings within the Washington, D.C. metropolitan area. The
agency also provides support for investigations related to
missing and exploited children and for digital forensics
investigative training for State and local cybersecurity task
forces.
COMMITTEE RECOMMENDATIONS
The Committee recommends $2,976,345,000 for USSS, which is
$33,433,000 below the budget request amount and $154,165,000
above the fiscal year 2023 enacted level. The Committee
recognizes that work remains to ensure the agency is properly
staffed and encourages adequate staffing to reduce the reliance
on overtime that continues to strain the agency's budget and
personnel, which limits investments in other areas.
UNITED STATES SECRET SERVICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and Support.................................... 2,734,267 2,944,463 2,903,030
Procurement, Construction, and Improvements............... 83,888 61,098 69,098
Research and Development.................................. 4,025 4,217 4,217
-----------------------------------------------------
Total, USSS........................................... 2,822,180 3,009,778 2,976,345
----------------------------------------------------------------------------------------------------------------
OPERATIONS AND SUPPORT
Appropriations, 2023.................................... $2,734,267,000
Budget estimate, 2024................................... 2,944,463,000
Committee recommendation................................ 2,903,030,000
COMMITTEE RECOMMENDATIONS
PROTECTIVE OPERATIONS
Presidential Campaigns and NSSE.--The Committee directs the
USSS to provide semiannual briefings to the Committee on the
use of these funds, with the first briefing to occur not later
than 180 days after the date of enactment of this act.
FIELD OPERATIONS
Domestic and International Field Operations.--The Committee
recommends $775,696,000 for Domestic and International Field
Operations.
Cyber Fraud Task Forces.--Not later than 120 days after the
date of enactment of this act, the Committee directs USSS to
provide a briefing on the efforts of its over 40 Cyber Fraud
Task Forces, including the current state of the program,
productivity by location, and any future needs to ensure these
task forces are keeping up with evolving cyber-threats.
Support for Missing and Exploited Children Investigations
[NCMEC].--The recommendation includes $6,000,000 for grants in
support of missing and exploited children. NCMEC was created in
1984 to serve as a national resource on missing and exploited
children. NCMEC provides assistance to law enforcement for
long-term missing persons cases; identification of signs of
facial reconstruction procedures; outreach and prevention
programs for children, their families, and the public; and
assistance to victims of child sex trafficking and child sexual
exploitation.
Support for Computer Forensics Training.--The Committee
recommends $47,746,000 to continue training in computer
forensics, academic certification efforts, and to expand in
response to unmet training needs. The Committee recommends not
less than $2,500,000 to maintain academic certification
efforts. NCFI shall continue to prioritize the training needs
of SLTT law enforcement, and legal and judicial professionals,
in computer forensics and cyber investigations. Not later than
120 days after the date of enactment of this act, the Committee
directs USSS to provide a briefing on the construction efforts
to repurpose and renovate existing NCFI facilities.
MISSION SUPPORT
Operational Mission Support.--The Committee directs the
USSS to provide the Committee with annual updates on the
contract progress for this acquisition and to detail progress
made to meet agreed upon delivery deadlines.
Strategic Human Capital Plan.--The Committee continues to
be concerned with the prolonged workforce effects stemming from
reliance on overtime pay to fill personnel gaps. The Committee
directs the USSS, in coordination with the Department's Chief
Human Capital Officer, to ensure the annual evaluation of the
5-year plan in order to meet all benchmarks and goals as
identified. The Committee further directs the USSS to brief the
Committee, not less than bi-annually, on the status of the
plan.
Secret Service Overtime.--Not less than bi-annually and in
conjunction with future budget submissions, the USSS shall
continue to provide the Committee a report on the use of
overtime which shall include the following data: a list of all
persons who received supermax pay disaggregated by position,
title and pay grade, gender, years of Federal service at USSS
and years of service with the Federal Government in total, as
well as include all salary, with breakouts for overtime and
supermax, and the sum of their total salary. USSS shall ensure
that all privacy-related laws are followed as a part of this
data reporting requirement.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2023.................................... $83,888,000
Budget estimate, 2024................................... 61,098,000
Committee recommendation................................ 69,098,000
COMMITTEE RECOMMENDATIONS
White House Training Facility.--Once again, the request did
not include funding for the White House Training Facility,
which the Committee supports. The Committee is hopeful that
future budget requests include funding for this necessary
facility. Despite the failure to request funding, USSS shall
update the committee quarterly on the status of the White House
Training Facility construction and projected project costs.
RESEARCH AND DEVELOPMENT
Appropriations, 2023.................................... $4,025,000
Budget estimate, 2024................................... 4,217,000
Committee recommendation................................ 4,217,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $4,217,000 for Research and
Development [R&D] this fiscal year due to budget constraints.
TITLE II--ADMINISTRATIVE PROVISIONS
Section 201. The Committee continues a provision regarding
overtime compensation.
Section 202. The Committee continues a provision allowing
CBP to sustain or increase operations in Puerto Rico and the
U.S. Virgin Islands with appropriated funds.
Section 203. The Committee continues a provision regarding
the availability of Consolidated Omnibus Budget Reconciliation
Act of 1985 (Public Law 99-272) fee revenue.
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 (Public Law 66-261).
Section 207. The Committee continues a provision
prohibiting the establishment of a new border crossing fee.
Section 208. The Committee continues a provision requiring
an expenditure plan for CBP's Procurement, Construction, and
Improvements account.
Section 209. The Committee continues a provision limiting
construction in specific areas.
Section 210. The Committee continues a provision on vetting
operations at existing locations.
Section 211. The Committee continues a provision detailing
CBP's Procurement, Construction, and Improvements funding
levels.
Section 212. The Committee continues a provision
prohibiting the use of funds provided under the heading ``U.S.
Immigration and Customs Enforcement-Operations and Support''
for a 287(g) program agreement if the terms of the agreement
governing the delegation of authority have been materially
violated.
Section 213. 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 provided by a facility that
receives less than ``adequate'' ratings in two consecutive
performance evaluations.
Section 214. The Committee continues provisions requiring
the public reporting of data.
Section 215. The Committee continues prohibitions on the
use of funds to take enforcement actions against sponsors of
unaccompanied children and continues reporting requirements for
ICE.
Section 216. The Committee includes a new provision to
withhold performance awards for certain ICE Senior Executive
Service members until the position of the Chief Financial
Officer is realigned.
Section 217. The Committee includes a new provision on
``Monthly Reporting Requirements.''
Section 218. The Committee continues a provision clarifying
that certain elected and appointed officials are not exempt
from Federal passenger and baggage screening.
Section 219. The Committee continues a provision
authorizing TSA to use funds from the Aviation Security Capital
Fund for the procurement and installation of EDS or for other
purposes authorized by law.
Section 220. The Committee includes a provision requiring
investment plans and reports.
Section 221. The Committee continues a provision
prohibiting the use of 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 222. The Committee continues a provision allowing
reprogrammings of up to $10,000,000 to or from Military
Personnel, and $10,000,000 between Field Operations funding
subcategories, within ``Coast Guard-Operations and Support''.
Section 223. The Committee continues a provision requiring
the Coast Guard submit a future years capital investment plan.
Section 224. The Committee continues a provision
prohibiting funds from being used to reduce the staff or
mission at the Coast Guard's legacy Operations Systems Center.
Section 225. The Committee continues a provision
prohibiting the Coast Guard from performing an Office of
Management and Budget Circular A-76 study at the Coast Guard
National Vessel Documentation Center.
Section 226. The Committee continues a provision
prohibiting the Coast Guard from reducing operations within the
Civil Engineering program.
Section 227. The Committee continues a provision making
available certain Coast Guard housing receipts.
Section 228. The Committee continues a provision
prohibiting certain inspection fees absent a determination by
the Commandant of the Coast Guard.
Section 229. The Committee continues a provision allowing
USSS to obligate funds in anticipation of reimbursement to
personnel receiving training.
Section 230. The Committee continues a provision
prohibiting the use of funds made available to USSS for the
protection of the head of a Federal agency other than the
Department of Homeland Security, unless the Director has
entered into a reimbursable agreement for such protection
services.
Section 231. The Committee continues a provision allowing
for funds made available for ``United States Secret Service-
Operations and Support'' without regard to limitations on such
expenditures in this or any other act after notification to the
Committee.
Section 232. The Committee continues a provision providing
flexibility to address travel anomalies as a result of
protective travel.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
The Cybersecurity and Infrastructure Security Agency [CISA]
aims to foster better integration of national approaches among
strategic homeland security programs, facilitate infrastructure
protection, and ensure broad emergency communications
capabilities.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$3,007,086,000 for CISA, which is $49,200,000 below the budget
request amount and $99,948,000 above the fiscal year 2023
enacted level. The following table summarizes the Committee's
recommendation as compared to the fiscal year 2023 enacted and
fiscal year 2024 budget request levels:
CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and Support.................................... 2,350,559 2,466,359 2,401,752
Procurement, Construction, and Improvements............... 549,148 585,996 605,334
Research and Development.................................. 7,431 3,931 ................
Cyber Response and Recovery Fund.......................... ................ ................ ................
-----------------------------------------------------
Total, Cybersecurity and Infrastructure Security 2,907,138 3,056,286 3,007,086
Agency...............................................
=====================================================
(Defense)................................................. 2,735,460 2,789,796 2,866,804
----------------------------------------------------------------------------------------------------------------
OPERATIONS AND SUPPORT
Appropriations, 2023.................................... $2,350,559,000
Budget estimate, 2024................................... 2,466,359,000
Committee recommendation................................ 2,401,752,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $2,401,752,000 for Operations and
Support [O&S], which is $64,607,000 below the budget request
amount and $51,193,000 above the fiscal year 2023 enacted
level. The recommendation includes increases above the budget
request of $4,971,000 for attack surface management, $3,000,000
for non-traditional training providers grants, $300,000 for
Joint Cyber Defense Collaborative [JCDC] assistance for Health
Information Sharing and Analysis Center [H-ISAC], $15,986,000
for the State, Local, Tribal, and Territorial [SLTT]
Information Sharing and Analysis Center [ISAC] (currently
awarded to the Multi-State ISAC [MS-ISAC]), $3,564,000 for the
school safety program, $8,000,000 for the public gathering
security program, $1,000,000 for additional elections
infrastructure exercises, $2,520,000 for the infrastructure
assessments and analysis program/assessment, $7,400,000 for
bombing prevention, $126,000 for the Bomb-making Materials
Awareness Program [BMAP], $2,000,000 for bomb disposal
technician training and technology training events, $6,530,000
for CR-911 ecosystem, $4,689,000 for Next Generation Networks
Priority Services, $7,216,000 for chemical security inspectors,
and $1,000,000 for the sector risk management agency program
for the election infrastructure subsector; and decreases below
the budget request of $53,677,000 for the reinstatement of
fiscal year 2023 payroll underburn, $5,900,000 for protective
email system, $3,153,000 for accreditation of third-party
cybersecurity service providers, $2,500,000 for cyber threat
intelligence as a service, $3,722,000 for financial system
modernization, $1,075,000 for program evaluation and evidence,
$2,165,000 for security and threat management, $13,998,000 for
St. Elizabeths, $20,916,000 for zero trust architecture, and
$25,803,000 for other reductions. The recommendation does not
accept the proposed Enterprise-wide Service Solutions [EWSS]
Consolidation.
CYBERSECURITY
Assistance for Health Information Sharing and Analysis
Center [H-ISAC].--The Committee recognizes the importance of
securing healthcare infrastructure from cyberattacks. The
Committee urges CISA to mature and expand CISA's existing
relationship with the Health Information Sharing and Analysis
Center [H-ISAC] and related entities that help mitigate risk to
our healthcare infrastructure. The Committee additionally urges
CISA to increase its outreach and public education to small and
medium-sized hospitals.
Attack Surface Management Capability.--As asset visibility
and vulnerability detection remains an increasingly critical
capability throughout the Federal Civilian Executive Branch
[FCEB] and across critical infrastructure and State, local,
Tribal, and territorial [SLTT] networks, CISA is directed to
continue enhancing its ability to centrally verify and manage
asset and vulnerability data on Internet-facing cyber terrain
for Federal, critical infrastructure, and SLTT partner
networks. In addition, CISA shall sustain efforts funded in
fiscal years 2022 and 2023 for attack surface management.
Within 180 days of the date of enactment of this act, CISA
shall brief the Committee on progress made deploying its attack
surface management capabilities. The brief shall include a
detailed description of fiscal year 2022 and 2023 funds
execution and deliverables provided; a plan and milestones for
execution of fiscal year 2024 funds; a demonstration of asset
and vulnerability identification capability currently deployed,
and a discussion of how CISA uses this capability to verify and
manage Federal, critical infrastructure, and SLTT asset and
vulnerability data and help these partners prioritize and
remediate critical vulnerabilities.
Critical Infrastructure Cybersecurity Shared Services Pilot
Program.--The recommendation includes $15,000,000, as
requested, for the continuation of the Critical Infrastructure
Cybersecurity Shared Services pilot program to make available
scalable commercial cybersecurity shared services that critical
infrastructure entities can utilize to detect and prevent
cybersecurity threats and vulnerabilities. Not later than 120
days after the date of enactment of this act, CISA shall brief
the Committee on the implementation of the pilot program, to
include services offered through the pilot to address specific
cybersecurity risks facing critical infrastructure and how the
pilot aligns with the current approved National Cyber Strategy.
Cyber Career Pathway Challenges.--The funding level
includes $2,500,000, as requested, for the continuation of
Cyber Career Pathway Challenges.
Data Security Vulnerability Improvements.--The Committee is
increasingly concerned with the ability of adversaries to
circumvent and utilize existing cybersecurity and information
technology solutions to gain access to critical systems and
data. The Committee directs the Secretary of Homeland Security
to submit a report within 180 days of the date of enactment of
this act that examines existing security vulnerabilities of
Federal Civilian Executive Branch [FCEB] government IT systems.
The report shall include an examination of emerging
technologies that could improve the government's data security
and protection, such as data shielding and immutable logging of
suspect activity, instant threat and anomaly detection
mechanisms, and user behavior analytics.
Federal Cyber Skilling Academy.--The Committee acknowledges
the need to grow the pipeline of qualified cybersecurity
professionals within the Federal Government at a large scale,
given the massive need. The Committee believes we need to
continue to both ``upskill'' and ``reskill'' the current
Federal cybersecurity workforce to address the shortage of
qualified cybersecurity professionals, including through the
Federal Cyber Skilling Academy. Within 270 days of the date of
enactment of this act, CISA is directed to provide a briefing
on the steps taken to meet these goals and the progress made.
Federal Network Security Reporting.--The Committee directs
CISA to provide a progress report, within 180 days of the date
of enactment of this act, on the success of each Federal agency
and department to implement the established program goals. The
report shall also include an accounting of non-CISA resources
that lent to implementation in order to provide needed context
on the entire effort. Finally, the report shall include a
description of implementation through fiscal year 2026,
including desired target completion goals, methods for updating
lifecycle costs, acquisition program schedules, and details on
how innovation and evolving technology such as end point
detection could improve Federal network and data security. This
report may be submitted in a classified format if necessary
along with an unclassified summary that provides a summary of
progress.
State Court Electronic Data.--The Committee is concerned
with potential cyber-attacks on State court electronic data
systems. More than 96 percent of the annual caseload of the
United States is handled by State courts. State and Federal
agencies, including all law enforcement communities, rely on
the determinations reflected in these State court data systems.
It is important to ensure the integrity and reliability of the
approximately three billion records held by State courts in
their systems and often shared with other justice system
agencies.
The Committee directs CISA to expand outreach to the State
courts through national level associations to drive
participation and understanding of services available to
prevent, protect against, and response to cyber-attacks on
State court electronic data systems.
Zero Trust Architecture Implementation.--The Committee
directs the Department in conjunction with the Office of
Management and Budget [OMB] to, within 180 days of the date of
enactment of this act, provide a report on the implementation
of the last three fiscal years' zero-trust architecture
implementation plans agencies must submit to OMB and CISA per
the OMB Memorandum, M-22-09, Moving the U.S. Government Toward
Zero Trust Cybersecurity Principles.
INFRASTRUCTURE SECURITY
Bomb Disposal Technician Training and Technology Events
[TTEs].--The Committee remains concerned with the threat of
Improvised Explosive Devices both internationally and
domestically. To keep pace with evolving threats and ever-
advancing technology development, CISA shall utilize the
restored fiscal year 2023 enhancements to the Office of Bombing
Prevention to hold a minimum of four technician TTEs across the
Nation to bring together Federal, State, Local, Tribal, and
Territorial agencies and industry. These events would provide a
unique opportunity for training the Nation's bomb technicians.
Within 120 days of the date of enactment of this act, CISA
shall brief the Committee on efforts to conduct these annual
TTEs across the Nation. This briefing will include schedules to
conduct at a minimum four TTEs and total program cost.
Elections Infrastructure Exercises.--The Committee provides
$1,000,000 above the budget request to increase the number of
elections infrastructure exercises conducted in fiscal year
2024. Within 90 days of the date of enactment of this act, CISA
shall provide a briefing outlining the number of elections
infrastructure exercises to be conducted, the goals of each
planned exercise, and how lessons learned from previous
exercises are to be incorporated into the fiscal year 2024
exercises.
EMERGENCY COMMUNICATIONS
First Responder Emergency Medical Communications.--The
Committee recognizes the need for reliable communications
capabilities during emergencies that leave normal
communications networks inoperable or overwhelmed. The
recommendation restores fiscal year 2023 funding for this
program.
INTEGRATED OPERATIONS
State Cybersecurity Coordinators.--The Committee is aware
of increasing cyber threats to State, local and Tribal
governments and thus directs CISA to report within 60 days of
the date of enactment of this act a plan to hire all remaining
vacant State cybersecurity coordinator positions.
RISK MANAGEMENT OPERATIONS
National Risk Management Center [NRMC] Strategic
Engagement.--Within 180 days of the date of enactment of this
act, CISA shall provide a briefing on the NRMC's strategic
engagement with election stakeholders, including engagement
progress to date, future engagement plans and priorities, and
information regarding any identified election security risks
and shortfalls that should be mitigated in the near-, mid-, and
long-terms.
STAKEHOLDER ENGAGEMENT AND REQUIREMENTS
Cyber Incident Reporting for Critical Infrastructure
[CIRCIA] Act Requirements.--The recommendation includes the
requested amounts in all PPAs to prepare for and implement
CISA's requirements under the CIRCIA Act of 2023 (Division Y of
Public Law 117-103). As a part of the briefing requirements of
section 302 of the bill, CISA shall brief the Committee on its
spend plan for all CIRCIA-dedicated funding and the statutory
requirements supported.
Sector Risk Management Agency [SRMA] for the Election
Infrastructure Subsector.--The recommendation includes
$1,000,000 above the budget request for two or more additional
staff and non-pay resources in direct support of CISA's role as
the SRMA for the Election Infrastructure Subsector. Within 90
days of the date of enactment of this act, CISA shall brief the
Committee on the number of positions to be created, the title
and grade of each new position, and the roles and
responsibilities of each new position.
Strengthening National Positioning, Navigation, and Timing
Service Resilience.--Executive Order [E.O.] 13905,
Strengthening National Resilience through Responsible Use of
Positioning, Navigation, and Timing Services [PNT], was signed
in February 2020, which directs the federal government and
critical infrastructure owners and operators to take actions to
identify and promote the responsible use of PNT services. The
Committee remains concerned about continued delays in issue
guidance on the implementation of E.O. 13905. Within 90 days of
the date of enactment of this act, CISA shall brief the
Committee on coordination efforts with the Sector Risk
Management Agencies [SRMA] to assess known PNT vulnerabilities
and risks by sector, and an update by sector describing
vulnerability testing execution efforts.
MISSION SUPPORT
EWSS Consolidation.--The recommendation does not accept the
proposed EWSS Consolidation into Mission Support for fiscal
year 2024. If this proposal is included as part of the
President's Request for fiscal year 2025, CISA shall clearly
identify any funding categorized as defense funding that would
be consolidated into another PPA or PPAs, and indicate whether
such funding would retain its defense funding categorization,
following any such consolidation.
Quarterly Budget and Staffing Briefings.--The agreement
continues a provision to require that the Director of CISA (or
the Director's designee) provide the Committee quarterly
expenditure plan, budget execution, and staffing briefings
consistent with the requirement in the explanatory statement
accompanying the fiscal year 2023 funding act (Public Law 117-
328). The provision reduces the amounts for CISA Operations and
Support by $50,000 for each day after the respective due dates
that the briefings for the first three quarters have not been
provided to the Committee; and directs that any such reductions
come from the Mission Support PPA's management and business
activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2023.................................... $549,148,000
Budget estimate, 2024................................... 585,996,000
Committee recommendation................................ 605,334,000
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$605,334,000 for Procurement, Construction, and Improvements
[PC&I], which is $19,338,000 above the budget request amount
and $56,186,000 above the fiscal year 2023 enacted level.
CYBERSECURITY
Endpoint Detection and Response [EDR].--The Committee
continues to encourage CISA to deploy EDR across FCEB Agencies
as required by the May 2021 E.O. 14028 on Improving the
Nation's Cybersecurity. The E.O. made clear that all Federal
agencies were required to implement EDR solutions to better
protect the FCEB. In addition, CISA is required to brief the
Committee within 90 days of the date of enactment of this act
to demonstrate a plan for full deployment and coverage of
threat detection solutions, which incorporate the existing EDR
platforms across the FCEB, including on how it will cover
additional endpoints such as cloud and mobile devices and to
include the list of Federal agencies who have not deployed
mature EDR solutions.
Threat Hunting.--The recommendation includes the requested
amount for Cyber Defense Operations, including CyberSentry.
CISA is directed to brief the Committee within 90 days of the
date of enactment of this act on the additional CyberSentry
capacity it will achieve in fiscal year 2024.
EMERGENCY COMMUNICATIONS ASSETS AND INFRASTRUCTURE
Next Generation Networks Priority Services.--The
recommendation includes $19,338,000 above the budget request
amount for CISA to accelerate the deployment of Next Generation
Networks Priority Services in sync with the next release of
general network upgrades being implemented by each of the
contracted communications service providers. As a part of the
briefing requirements of section 302 of the bill, CISA shall
brief the Committee on its spend plan for Next Generation
Networks Priority Services funding, including additional
progress that will be achieved with the additional funding
provided.
RESEARCH AND DEVELOPMENT
Appropriations, 2023.................................... $7,431,000
Budget estimate, 2024................................... 3,931,000
Committee recommendation................................................
COMMITTEE RECOMMENDATIONS
The Committee recommends $0 for Research and Development
[R&D], which is $3,931,000 below the budget request amount, and
$7,431,000 below the fiscal year 2023 enacted level.
CYBER RESPONSE AND RECOVERY FUND
Appropriations, 2023....................................................
Budget estimate, 2024...................................................
Committee recommendation................................................
Cyber Response and Recovery Fund Plan.--The Committee
continues to look forward to receiving the overdue Cyber
Response and Recovery Fund [CRRF] Plan required under this
heading in the explanatory statement accompanying the fiscal
year 2022 appropriation (Public Law 117-103). CISA shall
provide a briefing on the final CRRF plan within 10 days of
submission of the completed plan to the Committee.
Federal Emergency Management Agency
The primary mission of the Federal Emergency Management
Agency [FEMA] is to reduce the loss of life and property and to
protect the United States from all hazards, including natural
disasters, acts of terror, and other manmade disasters, through
a risk-based, comprehensive emergency management system of
preparedness, protection, response, recovery, and mitigation.
COMMITTEE RECOMMENDATIONS
The Committee recommends $25,536,824,000 for FEMA, which is
$346,415,000 below the budget request amount and $136,230,000
below the fiscal year 2023 enacted level. The following table
summarizes the Committee's recommendation as compared to the
fiscal year 2023 enacted and fiscal year 2024 budget request
levels:
FEDERAL EMERGENCY MANAGEMENT AGENCY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and Support.................................... 1,379,680 1,519,421 1,434,306
Procurement, Construction, and Improvements............... 207,730 119,137 100,420
Federal Assistance........................................ 3,882,014 3,564,357 3,467,115
Disaster Relief Fund (regular):
Disaster Relief Fund.................................. 19,945,000 20,406,341 20,261,000
Disaster Relief Base.................................. ................ 145,341 ................
Disaster Relief Category.............................. 19,945,000 20,261,000 20,261,000
National Flood Insurance Fund............................. 225,000 239,983 239,983
Radiological Emergency Preparedness Program............... 33,630 34,000 34,000
-----------------------------------------------------
Total, Federal Emergency Management Agency............ 25,673,054 25,883,239 25,536,824
=====================================================
Offsetting Fee Collections................................ -258,630 -273,983 -273,983
----------------------------------------------------------------------------------------------------------------
OPERATIONS AND SUPPORT
Appropriations, 2023.................................... $1,379,680,000
Budget estimate, 2024................................... 1,519,421,000
Committee recommendation................................ 1,434,306,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,434,306,000 for Operations and
Support [O&S], which is $85,115,000 below the budget request
amount and $54,626,000 below the fiscal year 2023 enacted
level. The recommended increase includes $17,013,000 above the
budget request to restore enhancements from the fiscal year
2023 funding Act, including $3,200,000 for Congressionally
Directed Spending/Community Projects Grant Administration,
$350,000 for Detention Case Management Administration, $370,000
for Certified Emergency Manager Program Administration,
$305,000 for Emergency Management Accreditation Program,
$614,000 for strategic program investments, $290,000 for
continuity communications equipment, $290,000 for deployable
cellular communication system, $581,000 for [NCP] readiness
implementation, $1,013,000 for Integrated and Public Warning
System [IPAWS], $1,000,000 for NextGen Warning System
administration, $1,500,000 for FEMA Operations Center, and
$7,500,000 for Insular Areas Act; increases above the budget
request amount of $893,000 for operational costs of existing
disaster facilities, and $54,000 for the privacy program
support initiative; and decreases below the budget request
amount of $1,101,000 for building climate resilience,
$1,779,000 for regions cloud implementation, $1,101,000 for
building code strategy, $32,712,000 for grants management
modernization, $27,000 for climate adaptation office,
$1,799,000 for Evidence Act and evaluation, $1,200,000 for
logic model and technical assistance, $1,489,000 for disaster
workforce readiness, $2,150,000 for contract workforce support
services, $3,146,000 for enterprise cloud authentication,
$15,822,000 for enterprise cloud services support, $906,000 for
financial management support, $1,028,000 for labor-employee
relations attorney support, $994,000 for medical and mental
health capabilities, $4,270,000 for Region VIII facility lease
consolidation, $2,291,000 for support for the IM workforce,
$591,000 for customer experience, $1,810,000 for regional
facilities, and $28,859,000 for other reductions.
Equal Treatment.--The Committee commends FEMA's continued
effort to serve all communities in responding to disasters and
otherwise executing its diverse mission, including its ongoing
efforts to review existing policies to make sure they are not
posing unjustified burdens on survivors, while still ensuring
proper controls against fraud and abuse remain in place. The
Committee will monitor FEMA's expansion of this mission in
furtherance of the requirements put forward in Executive Order
13985, Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government. As such, within 60
days of the date of enactment of this act, FEMA shall brief the
Committee on the continued implementation of its efforts in
support of Executive Order 13985, and the measurable outcomes
related to such implementation.
Resilience.--Section 1235(d) of the Disaster Recovery
Reform Act of 2018 [DRRA] requires FEMA, in consultation with
other Federal agencies, to issue a final rulemaking by April 5,
2020, to define the terms ``resilient'' and ``resiliency.''
More than 3 years after this deadline has passed, FEMA has yet
to initiate a rulemaking to define these terms. FEMA shall
provide a written update to the Committee within 30 days of the
date of enactment of this act on the status of any rulemaking
process related to the implementation of section 1235(d). In
addition, FEMA is directed to update the Committee on a
quarterly basis on implementation of ``Road to Resilience'' and
to continue to incorporate stakeholder input on the initiative.
MITIGATION
Building Resilient Infrastructure and Communities [BRIC].--
The Committee continues its interest in the implementation of
BRIC program and the need for mitigation and resiliency for a
disaster-ready Nation. Accordingly, within 60 days of the date
of enactment of this act and quarterly thereafter, FEMA shall
brief the Committee on the status of BRIC implementation,
including projected funding levels. Recognizing the importance
of stakeholder input, the briefing shall include a description
of how stakeholder views are incorporated, including the needs
of local governments. Further, the Committee is concerned that
many communities may be disadvantaged during the technical
scoring process due to FEMA's lack of consideration of the
unique circumstances of many local municipalities. For example,
certain applicants may be disadvantaged due to State building
code laws outside of their control, such as those stating they
may not be responsible for enforcing building codes, even where
a project takes place in an area that has high building code
enforcement standards. In addition, the Committee is concerned
regarding the perceived lack of feedback from FEMA in response
to unsuccessful applications, as well as the lack of geographic
distribution of BRIC awards to date. Accordingly, within 180
days of the date of enactment of this act, FEMA is directed to
brief the Committee on the steps it has taken to address these
concerns.
Flexible Mitigation.--The Committee encourages the Flood
Mitigation Assistance Program and the Hazard Mitigation Grant
Program to provide States with flexible funding prior to a
disaster for the purposes of property acquisition or elevation
when the risk of repetitive losses due to extreme weather is
identified.
Hazard Mitigation Plans.--The Committee recognizes the
importance of hazard mitigation plans. The Committee encourages
counties to develop FEMA-approved hazard mitigation plans to
protect their communities and public and private assets. The
Committee also encourages this to increase the number of
communities in rural areas that are eligible for hazard
mitigation dollars in the future.
National Inventory of Dams.--The Committee is concerned
about the state of dams across the country, many of which were
built before 1970 and have either reached or are about to reach
the end of their useful lives. There is a strong demand for
fast, reliable, cost-effective and national decision support
tools to generate flood inundation maps and other products to
support the goals of dam safety. As such, FEMA is directed to
ensure the maintenance and operations of current web-based
support systems.
Urban Flood Mapping Pilot Program.--The Committee is
concerned about the Federal Emergency Management Agency's lack
of implementation of the previously enacted $1,200,000 pilot
program included in Public Law 116-93. Within 60 days of the
date of enactment of this act, FEMA shall brief the Committee
on its progress in developing this program.
Urban Flooding.--The Committee encourages FEMA to explore
opportunities to improve coordination across agencies that have
a role in managing small or large urban floods. This should
include both vertical coordination (i.e., Federal, State, and
local government entities) and horizontal coordination (i.e.,
local agencies responsible for storm water systems, flood
control, and removal of damaged property; and Federal agencies
responsible for severe storm warnings, evacuation, and
community redevelopment and flood mitigation in urban areas).
The Committee urges FEMA to employ geospatial indicators, such
as the Social Vulnerability Index, to quantify and map social
vulnerability using census demographic data to allow for more
efficient allocation of resources for flood disaster mitigation
and recovery.
FEMA has established methods for analyzing several types of
flood hazards, including riverine and coastal flood hazards. To
assist in the prevention and mitigation of urban flooding, the
Committee encourages FEMA to include, in its analyses of flood
hazards, methods that incorporate capacity of storm water
systems, small topographic variations or local drainage
patterns, and site-specific structural designs that drive the
granular nature of urban flood impacts.
PREPAREDNESS AND PROTECTION
Disaster Coordination for Homeless Populations.--A recent
Government Accountability Office [GAO] Report (GAO-23-105379)
found that FEMA and the Department of Housing and Urban
Development [HUD] do not regularly coordinate on issues related
to disaster sheltering and housing assistance provided to
homeless populations, and noted the importance of having
established relationships between emergency management and
homelessness stakeholders to effectively collaborate to assist
the homeless population. The Committee directs FEMA to work in
coordination with HUD and the United States Interagency Council
on Homelessness [USICH] to advance the recommendations made by
GAO.
RESPONSE AND RECOVERY
Coordinated Information Dissemination.--The Committee is
concerned with the time and strain on families to jump-start
their recovery from a major disaster. We also remain concerned
with the overwhelming amount of information families and
individuals need to comb through to begin recovery. Therefore,
we recommend that FEMA--in coordination with other relevant
Federal and State agencies--evaluate how post-disaster and
recovery information is disbursed to individuals, communities,
and community leadership and consider opportunities to simplify
and improve dissemination of such information.
Emergency Management Assistance Compact [EMAC].--The
Committee recognizes the important value of EMAC as a cost-
effective solution to requesting and deploying assets;
conducting planning, training, and exercises; and completing
and implementing lessons learned. As natural disasters continue
to increase in both number and intensity, the Committee
anticipates reliance on EMAC will also grow. Therefore, the
Committee directs FEMA to allocate not less than $2,500,000 to
EMAC to strengthen state EMAC capacity and readiness and ensure
States are better prepared to respond to natural disasters. The
Committee also directs FEMA to ensure that the base level of
funding for EMAC is specified in the President's Budget for
fiscal year 2025.
Off-Grid Renewable Energy.--The Committee is aware of small
off-grid renewable energy capabilities with the potential to
provide much-needed power solutions in disaster relief
scenarios. Disasters such as earthquakes, hurricanes and
typhoons, severe storms and temperatures, volcanic eruptions,
and wildfires can produce dangerous effects and conditions that
cause significant damage to the electricity grid
infrastructure. The resulting power outages affect residential,
commercial, industrial, and other customers' ability to use
electricity for lighting, heating, cooling, and refrigeration,
as well as vital communications and transportation systems.
Existing solutions, such as gas generators, are vital tools but
are limited in their deployment for a variety of reasons. The
Committee believes that portable off-grid renewable energy
solutions could fill a significant gap in disaster relief by
making emergency power more widely available. Therefore, within
120 days of the date of enactment of this act, FEMA is directed
to brief the Committee on portable off-grid renewable energy
solutions for use in disaster relief operations. The briefing
shall include, at a minimum, an assessment of current disaster
relief power solutions, capability gaps, and efforts to procure
portable renewable energy solutions.
Planning for Animal Wellness Act Implementation.--The
Committee is aware of FEMA's additional responsibilities
pursuant to the enactment of Public Law 117-212 and would like
to ensure that FEMA has adequate resources to implement this
act. The Committee recognizes the efforts FEMA has already
undertaken to implement this act and encourages the agency to
adhere as closely to the timeframe laid out in the act as
possible. The Committee further directs FEMA to report to the
Committee within 90 days of the date of enactment of this act
on staffing and implementation status, and additional resource
needs related to its responsibilities under Public Law 117-212.
Public Assistance Loan Interest Reimbursement.--It is the
Committee's understanding that local jurisdictions, electric
co-ops, and other potentially eligible entities often face
significant difficulties in obtaining reimbursements for the
interest payments on disaster loans. According to FEMA's latest
guidance, FEMA is able to make these reimbursements. FEMA is
encouraged to ensure that it is transparent and responsive to
entities seeking reimbursements for interest on qualifying
disaster relief loans pursuant to the Public Assistance Program
and Policy Guide Version 4. Within 180 days of the date of
enactment of this act, FEMA shall brief the Committee on such
public assistance loan interest reimbursements, including
details on the process through which entities can apply for
interest reimbursement; how many applications FEMA has received
for interest reimbursement by State; and how many
reimbursements FEMA has issued and the total cost for each
payment by State.
Temporary Shelters.--The Committee recognizes the vital
support FEMA provides to communities and disaster survivors in
the aftermath of major disasters, including housing assistance
for individuals and families displaced from their homes. The
Committee encourages FEMA to continue working with potential
suppliers of temporary shelter solutions to clearly articulate
the minimum requirements for meeting FEMA's standards.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2023.................................... $207,730,000
Budget estimate, 2024................................... 119,137,000
Committee recommendation................................ 100,420,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $100,420,000 for Procurement,
Construction, and Improvements [PC&I], $18,717,000 below the
budget request amount, and $107,310,000 below the fiscal year
2023 enacted level.
Construction and Facilities Improvements.--The
recommendation includes $18,000,000 above the budget request
for construction and facilities improvements, including
$18,000,000 above the budget request for Mt. Weather facility
projects.
Mission Support Assets and Infrastructure.--The Committee
provides $36,717,000 below the budget request for mission
support assets and infrastructure, including decreases below
the budget amount of $29,717,000 for enterprise data and
analytics modernization, and $7,000,000 for IT acquisition
programs.
FEDERAL ASSISTANCE
Appropriations, 2023.................................... $3,882,014,000
Budget estimate, 2024................................... 3,564,357,000
Committee recommendation................................ 3,467,115,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $3,467,115,000 for Federal
Assistance, $97,242,000 below the budget request amount and
$414,899,000 below the fiscal year 2023 enacted level. When
awarding grants, the Administrator shall consider the needs of
cybersecurity preparedness and planning, State court
cybersecurity, 911 call capability, alert and warning
capabilities, implementation of the REAL ID Act (Public Law
109-13), and countering targeted violence and terrorism
prevention programs. A comparison of the budget request to the
Committee-recommended levels by budget activity is provided in
the table at the end of this Explanatory Statement.
Cascadia Subduction Zone Tsunami Hazards.--FEMA is directed
to provide a briefing, within 120 days of the date of enactment
of this act, outlining a plan and the resources necessary (by
State) to assist Tribes and local governments that lack the
financial resources and capacity to address tsunami
preparedness and hazard mitigation in the Cascadia Subduction
Zone coastal States.
Combatting Domestic Violent Extremism.--The Committee
directs FEMA to report, within 120 days of the date of
enactment of this act, on how States and urban areas use State
Homeland Security Grant Program and Urban Area Security
Initiative Grant Program funding in support of combating
domestic violent extremism as part of the National Priority
Area.
Congressionally Directed Spending.--See ``Disclosure of
Congressionally Directed Spending Items'' and the associated
table at the end of this Explanatory Statement. Not later than
60 days after the release of the Notice of Funding Opportunity
for Congressionally Directed Spending, and monthly thereafter,
FEMA is directed to provide a list of all projects that have
been deemed ineligible or are at risk of being deemed as such,
to include amounts for each project.
Continuing Training Grants.--FEMA shall continue to partner
with the Federal Aviation Administration Unmanned Aircraft
Systems [UAS] Center of Excellence, which has expertise in
disaster response, to conduct a regional training program for
SLTT responders in utilizing UAS for disaster preparedness and
response. FEMA shall continue its activities as it relates to
the National Cybersecurity Preparedness Consortium, which has
been developing and delivering training in partnership with
FEMA to help States and communities establish a viable and
sustainable program to prevent, detect, respond to, and recover
from cyber-attacks. FEMA is also encouraged to develop and
implement opportunities to provide emergency response training
to ensure rural county officials are prepared to respond to
emergencies.
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.
Fire Department Needs Report.--The Committee directs FEMA
through the U.S. Fire Administration in collaboration with
relevant partner organizations and stakeholders, to provide the
Committee with a report within 180 days of the date of
enactment of this act, on the reconstruction and renovation
needs of career fire departments, combination fire departments,
and volunteer fire departments across the country and an
estimated cost for such needs.
Implementing Technical Mapping Advisory Council
Recommendations.--The Committee urges FEMA to implement the
final recommendations and goals of the Technical Mapping
Advisory Council's Annual Reports, including transitioning to
current and future condition risk scores, structure-specific
flood risk analysis, incorporating high-resolution topographic
data into flood risk maps, and better communicating current and
future direct and residual flood risk to property owners. FEMA
should coordinate with State agencies and other experts that
have developed mapping expertise and models that can be useful
in FEMA's efforts to consider future conditions, such as sea
level rise and coastal erosion.
Law Enforcement Terrorism Prevention Activities [LETPA]
Set-Aside for State Homeland Security Program and Urban Area
Security Initiative.--Prior to setting the LETPA set-aside for
the State Homeland Security Program and Urban Area Security
Initiative, FEMA is directed to brief the Committee on the
threat environment. FEMA is also directed to include in this
brief a discussion of any stakeholder engagement undertaken up
to that date. The Committee believes that preventing and
responding to terrorist activity and targeted violence requires
a whole-of-community approach. As such, FEMA is strongly
encouraged to engage with a range stakeholders beyond only law
enforcement entities to ensure all that entities that play a
role in preparing for and responding to a terrorist activity
and targeted violence are given the opportunity to provide
inputs and feedback.
Natural Infrastructure Activities.--Within 180 days of the
date of enactment of this act, FEMA shall provide the
Committees a report on the number, total requested funding, and
percentage of fiscal year 2022 BRIC applications for natural
infrastructure projects, and a comparison of these numbers to
the fiscal year 2020 and 2021 grant cycles. The report shall be
disaggregated by successful and unsuccessful applications and
describe the types of natural infrastructure activities funded.
FEMA may utilize public/private partnerships, pursuant to
16 U.S.C. 3701 and 16 U.S.C. 3709, to enhance and leverage
nature-based infrastructure within the BRIC and pre-disaster
mitigation programs through one or more pilot projects. Such
projects should provide additional expedited and streamlined
opportunities for communities, including disadvantaged
communities, to utilize funding for enhancing nature-based
strategies that provide resilience and protection against
natural threats, including but not limited to coastal and
inland flooding, wildland fires, and drought.
Operation Stonegarden.--The Committee believes that the
State Homeland Security Grant Program [SHSGP] provides funding
for a range of crucial activities and equipment for States. The
Committee is also well aware of how vital SHSGP's Operation
Stonegarden grant funds are for States in partnering with U.S.
Border Patrol to secure U.S. borders. The Committee is aware
that apprehensions and activity is increasing along the U.S.-
Canada border, which is the world's largest land border. Many
areas of this border are remote and properly securing the
border is a national security priority. Within 180 days of the
date of enactment of this act, the Committee directs the
Secretary to submit data from the last three fiscal years
detailing Operation Stonegarden awards by State and recipient,
and the process used to determine such awards and recipients.
Moreover, for fiscal year 2024, the Secretary is directed to
brief the Committee and provide the data and justifications for
Operation Stonegarden awards 15 days before such awards are
publicly announced.
Nonprofit Security Grant Program [NSGP].--The Committee
directs FEMA to provide, within 180 days of the date of
enactment of this act, a report on fiscal year 2021 and 2022
NSGP funding awards, the number of grant applicants in those
years, and any quantitative or qualitative results or other
outcomes related to such awards.
Presidential Residence Protection Assistance Grant.--The
Committee commends FEMA for providing funding to State and
local law enforcement agencies for extraordinary costs incurred
while protecting any non-governmental residence of the
President. Within 90 days of the date of enactment of this act,
FEMA shall provide to the Committee the funding available for
the Presidential Residence Protection Assistance Grant for
fiscal year 2024. The Committee urges FEMA to continue
supporting eligible State and local law enforcement agencies.
Rail Emergency Response Training.--The events in East
Palestine, OH, have brought national awareness to the
importance of training first responders in how to best prevent,
protect against, respond to, and recover from hazardous
materials incidents involving railroads. FEMA shall brief the
Committee within 180 days of the date of enactment of this act
on any new, existing, and planned trainings to respond to such
incidents involving flammable liquids, tank cars, or hazardous
materials.
Reducing Carcinogen Exposure Among Firefighters.--The
Committee is concerned about the prevalence of cancer among
firefighters and urges FEMA to collaborate with fire
departments to find cost-effective procedures to reduce
chemical exposure.
Shelter and Services Program [SSP].--The Committee
recognizes the need to support shelters and organizations that
transport and briefly shelter and provide services, including
legal services, translation services, medical and mental health
services, to individuals and families released by DHS. The
Committee further recognizes the importance of these services
to efficiently and humanely reduce CBP operational burdens.
Within 60 days of the date of enactment of this act, FEMA and
CBP shall brief the Committee on the implementation of SSP and
the lessons learned to inform future iterations of the program,
including those funded in fiscal year 2024. The briefing shall
include a description of SSP goals, policies, and program
structure, its award allocation methodology, outcome and
performance measures and results related to achieving program
goals and its procedures for coordination with CBP for
individuals to be released swiftly and timely to shelters,
including those funded by SSP. The briefing shall also include
any potential changes--statutory or otherwise--that would
maximize the efficiency and effectiveness of this program.
FEMA should continue to work cooperatively on
reimbursements with non-governmental organizations and State
and local governments impacted by the increase of noncitizens
and asylum seekers at the southwest border. Moreover, the
Committee is concerned with FEMA's continuing inability to
provide granular financial execution data by the non-
governmental organizations receiving this funding and funding
previously provided under the Emergency Food and Shelter
Program-Humanitarian. Therefore, within 30 days of the date of
enactment of this act and quarterly thereafter, FEMA shall
continue to brief the Committee on any previous spending by
non-governmental organizations from fiscal year 2019 through
fiscal year 2023, to include details on how much Federal
funding was awarded to each organization and the lowest level
of data available from funding recipients and any
administrative costs incurred by FEMA. These briefs shall also
include spending-to-date for fiscal year 2024 by non-
governmental organizations.
United States Fire Administration [USFA].--The
recommendation includes funding for USFA to fulfill its mission
of providing training and professional development to the fire
community. FEMA is directed to continue its traditional funding
for the congressionally-mandated National Fallen Firefighters
Memorial. The Committee further directs USFA to provide a
briefing within 180 days of the date of enactment of this act
regarding any plans to revise Emergency Support Function [ESF]-
4, Firefighting, to clarify or change USFA's role in responding
to structural fires and wildland fires that burn into the
Wildland Urban Interface.
Urban Area Security Initiative [UASI].--The Committee
directs FEMA to, within 90 days of the date of enactment of
this act, provide the current risk and threat assessment
methodology used for UASI, identify any geographic-related
factors used to assess the risk of urban areas applying for
funding, and identify how such geographic-related factors are
used in developing urban areas' risk and threat assessments.
DISASTER RELIEF FUND
Appropriations (regular), 2023.......................... $19,945,000,000
Budget estimate, 2024................................... 20,406,341,000
Committee recommendation................................ 20,261,000,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $20,261,000,000 for the Disaster
Relief Fund [DRF] for the Major Disaster Allocation category.
No funding is provided for the Base Disaster Relief category.
BRIC Capability and Capacity Building [C&CB].--The C&CB
activity shall be funded at no less than $1,500,000 per State
(as defined by section 102(4) of the Stafford Act) in fiscal
year 2024.
BRIC Set-Aside.--The Committee encourages the
Administration to utilize the full 6 percent set aside as
authorized for the BRIC program.
Disaster Cap Adjustment Calculation.--The Committee is
concerned with the ongoing solvency of the DRF under the
current disaster cap adjustment calculation. Within 180 days of
the date of enactment of this act, FEMA shall provide a report
to the Committee that includes an analysis of the current
disaster cap calculation, whether such calculation has proven
to be adequate over the period of time since it was adopted,
and potential changes to the calculation that would ensure the
solvency of the DRF into the foreseeable future.
Disaster Declaration Transparency.--The Committee believes
more transparency is needed in FEMA's decision process for
recommending Presidential disaster declarations. Within 180
days of the date of enactment of this act, FEMA should brief
the Committee with regard to the factors weighed when reviewing
and making a recommendation with regard to a request for a
major disaster declaration, including both Public Assistance
and Individual Assistance.
Immediate Needs Funding.--Within 180 days of the date of
enactment of this act, FEMA shall brief the Committee on its
use of Immediate Needs Funding [INF]. At a minimum, this brief
shall include current policies and procedures for when FEMA
would deploy INF, specifically at what level(s) of DRF balances
and under what categories of work FEMA would plan to
discontinue reimbursements of otherwise eligible costs.
Additionally, the brief shall include an analysis of the
benefits and costs of utilizing a strategic approach to the
deployment of INF vice an across-the-board cessation of
reimbursements.
Improving Access to BRIC.--Within 90 days of the date of
enactment of this act, FEMA shall brief the Committee on the
abilities of States to qualify for access to BRIC. The brief
should include, but not be limited to, an analysis of the
ability of States to meet the program's building code
requirements, States' options outside of this program to assist
communities with needed pre-disaster mitigation, and other
challenges in addressing pre-disaster mitigation.
NATIONAL FLOOD INSURANCE FUND
Appropriations, 2023.................................... $225,000,000
Budget estimate, 2024................................... 239,983,000
Committee recommendation................................ 239,983,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $239,983,000 for National Flood
Insurance Fund [NFIF] activities related to flood plain
management, flood mapping and mitigation, and flood insurance
operations.
The Committee notes the importance of the long-term
financial stability of the NFIF and recognizes FEMA's efforts
to publish a quarterly ``Watermark'' report on the NFIF's
finances. The Committee encourages FEMA to continue its
commitment to quarterly reporting on the NFIF in a public and
transparent manner while complying with other reporting
requirements in statute.
TITLE III--ADMINISTRATIVE PROVISIONS
Section 301. The Committee continues a provision allowing
for procuring or providing access to cybersecurity threat
feeds.
Section 302. The Committee continues a provision on CISA
``Quarterly Budget and Staffing Briefings.''
Section 303. The Committee continues a provision limiting
expenses for the administration of grants.
Section 304. The Committee continues a provision to remove
certain FEMA grant amounts from calculations under section 2004
of the Homeland Security Act of 2002.
Section 305. The Committee continues a provision specifying
timeframes for grant applications and awards.
Section 306. The Committee continues a provision requiring
five day advance notification for certain grant awards under
``FEMA-Federal Assistance''.
Section 307. The Committee continues a provision that
addresses the availability of certain grant funds for the
installation of communications towers.
Section 308. The Committee continues a provision requiring
a report on the expenditures of the DRF.
Section 309. The Committee continues a provision regarding
certain grants.
Section 310. 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 311. The Committee continues a provision regarding
certain grants.
Section 312. The Committee includes a provision regarding
the transfer of unobligated balances under the National
Predisaster Mitigation Fund.
Section 313. The Committee includes a provision regarding
the transfer of unobligated balances under Flood Hazard Mapping
and Risk Analysis Program.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
United States Citizenship and Immigration Services [USCIS]
carries out activities necessary for the administration of laws
and the provision of services related to people seeking to
enter, reside, work, and naturalize in the United States. In
addition to directly appropriated resources, fee collections
are available for the operations of USCIS.
Immigration Examinations Fees.--USCIS collects fees from
persons applying for immigration benefits to support the
adjudication of applications, as authorized by the Immigration
and Nationality Act (8 U.S.C. 1356).
H-1B and L Fraud Prevention and Detection Fees.--USCIS
collects fees from petitioners seeking a beneficiary's initial
grant of H-1B or L nonimmigrant classification or those
petitioners seeking to change a beneficiary's employer within
those classifications pursuant to Public Law 108-447.
H-1B Nonimmigrant Petitioner Fees.--USCIS collects fees
from petitioners under the H-1B program pursuant to Public Law
108-447.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$455,661,000 for USCIS, which is $409,533,000 below the budget
request amount and $187,680,000 above the fiscal year 2023
enacted level.
The following table summarizes the Committee's
recommendation as compared to the fiscal year 2023 enacted and
fiscal year 2024 budget request levels:
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and Support.................................... 242,981 855,194 432,161
Federal Assistance........................................ 25,000 10,000 23,500
-----------------------------------------------------
Total United States Citizenship and Immigration 267,981 865,194 455,661
Services.............................................
----------------------------------------------------------------------------------------------------------------
OPERATIONS AND SUPPORT
Appropriations, 2023.................................... $267,981,000
Budget estimate, 2024................................... 865,194,000
Committee recommendation................................ 455,661,000
The Operations and Support [O&S] appropriation provides for
ongoing operations, mission support, and management and
administration costs for the Employment Status Verification [E-
Verify] program, which allows businesses to determine the
eligibility of their employees to work in the United States.
COMMITTEE RECOMMENDATIONS
Additional Funding.--The recommendation includes an
additional $183,000,000, which is intended for the following
purposes: $143,000,000 is for the processing of employment
authorization applications (form I-765), of which $71,500,000
is to address the existing employment authorization backlog and
$71,500,000 is to ensure that USCIS can keep pace with newly
filed work authorization applications to meet all existing
timelines; and $40,000,000 is for affirmative asylum backlog
reduction, but not for the implementation of the proposed
asylum processing rule. Within 60 days of the date of enactment
of the act, and quarterly thereafter, USCIS is directed to
brief the Committees on the plan for this funding and to
include demonstrable evidence that it is being used to reduce
the processing time, thus enabling applicants to work lawfully
and employers to hire necessary labor, and to address the
ongoing affirmative asylum backlog.
Asylum Officer Rule.--Within 60 days of the date of
enactment of this act and quarterly thereafter, USCIS is
directed to brief the Committee on the implementation of the
Asylum Officer rule. The brief shall include data on the number
of Asylum Officers, the number of Asylum Merits Interviews
conducted, outcomes of such interviews, including, but not
limited to, the number approved, denied, administratively
closed, and pending, and the Field Office location of such
interviews. USCIS is directed to publicly report the number of
individuals referred to immigration proceedings or to ICE or
CBP for enforcement actions.
Civil Surgeon Access and Cost.--The Committee is concerned
about reported delays to access and costs to become a Civil
Surgeon. Within 60 days of the date of enactment of this act,
USCIS shall provide a report to the Committee examining whether
any fees to access or to become a Civil Surgeon can be
adjusted, reduced, or waived, to ensure that vulnerable
populations can access a Civil Surgeon and to increase the
number of available Civil Surgeons. The report shall also
include an analysis of whether minimum professional experience
requirements under 8 CFR 232.2 are a hindrance to additional
Civil Surgeons.
Cost of Employment-Based Visas.--The Committee is concerned
about the proposed increase in fees for employment-based visas.
The Committee recognizes that the Federal law permits USCIS to
set fees at a level to that ensures recovery of the full costs
of adjudicating all applications and petitions, which means
that fee paying customers can be required to offset the costs
of fee waivers and exemptions. However, the Committee is
concerned that at some point, costs to seek a lawful
immigration benefit, irrespective of whether such benefit is in
the family or employment-based system, may become too cost
prohibitive. Within 90 days of the date of enactment of this
act, USCIS shall brief the Committee on a comprehensive plan to
request Congressional appropriations for certain applications
and petitions, so that the costs to American businesses and
families using USCIS services, remain affordable.
Electronic Processing.--The Committee supports the
completion and implementation of an electronic filing and
processing system for immigration benefits at USCIS but remains
frustrated by the lengthy process required to bring
applications and petitions fully into e-processing. Within 30
days of the date of enactment of this act, USCIS shall continue
to brief the Committee on the efforts to implement an
electronic filing and processing system for immigration
benefits, the current technological challenges facing the
agency's completion and implementation of such a system, and
the steps and timeline the agency will be using to complete an
electronic filing and processing system for all immigration
benefits.
Employment Authorization Application Deadlines.--The
Committee directs USCIS to produce a report, not less than
annually, summarizing all adjudication timelines, the source of
the timeline, and whether the agency met the timeline for the
prior fiscal year.
Fee Waivers and Application and Petition Costs.--The
Committee directs USCIS to maintain naturalization fees at an
affordable level and to continue the use of full fee waivers
for applicants who can demonstrate an inability to pay
immigration and naturalization benefit application fees. The
Committee directs USCIS to considering accepting any one of the
following items as proof of inability to pay an immigration or
naturalization benefit application fee for the purposes of
qualifying for a full fee waiver: documentation of receipt of a
means-tested public benefit; documentation of income that is at
or below 200 percent of the Federal Poverty Guidelines at the
time of filing; or documentation of financial hardship, based
on extraordinary circumstances. To ensure that derivative and
naturalized citizens can contribute to and participate fully in
our economy and democracy, the Committee further directs USCIS
to reduce the costs of obtaining replacement certificates of
naturalization and certificates of citizenship. The Committee
recognizes that immigration statutes, regulations, settlement
agreements, and Administrative priorities require fee waivers
and fee reductions for people seeking to adjust their status.
However, this means that USCIS must absorb these costs.
Therefore, not later than 60 days from the date of enactment of
this act and quarterly thereafter, USCIS shall provide to the
Committee a brief on lost revenue as a result of fee waivers.
This brief shall include historical data from the previous five
fiscal years.
Forms Modernization.--Within 180 days of the date of
enactment of this act, USCIS shall brief the Committee on the
status of USCIS efforts to comply with the 21st Century
Integrated Digital Experience Act [IDEA] (Public Law 115-336)
which requires agencies to digitize paper-based forms.
H-1B Fraud.--The Committee commends USCIS for its
recognition of potential fraud within the H-1B program and for
taking swift action to address it. The Committee shares USCIS'
concerns as it relates to H-1B fraud. Not later than 60 days
after the date of enactment of this act and quarterly
thereafter, USCIS shall provide to the Committee detail
information on its continued efforts to identify and combat H-
1B fraud to include the number of fraudulent applications
identified and actions taken to hold accountable those who
perpetrate such fraud.
H-2B Visas.--The Committee is concerned that the current
semiannual distribution of H-2B visas on April 1 and October 1
of each year unduly disadvantages certain employers and
employees. The Committee directs the Department, in
consultation with the Department of Labor, to examine the
impacts of the current H-2B visa semiannual distribution on
employers, employees, and agency operations and to provide the
Committee with a briefing on the study not later than 180 days
after the date of enactment of this act. Further, given the
ongoing workforce shortage in many parts of the country, the
Committee directs the Department, in coordination with the U.S.
Department of Labor and other departments as necessary, to
provide a report within 180 days of enactment of this act
providing data on the economic impact of the H-2B visa program
on a state-by-state and national level; the estimated number of
H-2B visas that would have been required to meet demand in FY
2023 on a state-by-state and national level; and any adverse
economic impact that resulted from the inability to meet such
demand. Further, given the significant and growing reliance on
H-2B visas, the Committee directs the Department, in
coordination with the U.S. Department of Labor [DOL], to
provide a report within 120 days of the date of enactment of
this act providing data on the H-2B program, assessing its
flaws and vulnerabilities, and making recommendations to ensure
that the integrity of the program is safeguarded and that the
limited number of H-2B visas are reserved for law-abiding
employers. In addition to the recommendations and assessment of
the flaws of the program, the data in the report shall include,
the number of H-2B visas, including the number of supplemental
visas, issued in each of the past 3 years to entities and
individuals who in the past 5 years were found to have
committed H-2A or H-2B violations, including the number of
visas allocated to violators who at any point have committed
egregious H-2A or H-2B violations such as visa fraud and wage
theft, and indicating the dates of the violations and visa
issuance; the number of H-2B visas, including the number of
supplemental visas, issued in each of the past 3 years to
entities and individuals who in the past 5 years were debarred
from the H-2A or H-2B program, including the date and reason(s)
for the debarment, and indicating the date of visa issuance;
and any other relevant data relating to the flaws of the
program. Further, the Committee supports the Departments
efforts to set aside visas for certain nationalities, including
nationals from El Salvador, Guatemala, Honduras, and Haiti,
regardless of whether they are returning workers.
International Office Closures.--Within 90 days of the date
of enactment of this act, and semi-annually thereafter, USCIS
shall provide a report to the Committee that outlines the
number of existing and planned international offices, along
with the associated staff. USCIS shall notify the Committee
within 60 days if USCIS has made a final agency decision to
close any international office.
Prevention of Abuses in the H-2A Program.--The Committee is
concerned about preventing the abuse of workers during
international recruitment. The Committee notes that one
possible way to prevent labor trafficking and other forms of
worker abuse and exploitation, is to ensure transparency of
information. For instance, the more information available to a
prospective guest worker, the better such worker is able to
protect themselves against misrepresentations or abuse by
unscrupulous actors, including the legitimacy of an offered job
opportunity, the offered wage, or any other condition of
employment. In order to help combat worker abuse and
exploitation in the H-2A program in worker countries of origin,
the Committee directs USCIS, in consultation with the
Department of Labor, to timely post public information provided
by employers on the Form I-129 and associated filings regarding
recruiters, recruiting agents, or agencies that they plan to
use. At a minimum, the information posted must identify the
recruiting entity/individual, the job order/employment
opportunity for which the recruitment services are being
provided, and the offered wage. This information shall be
available online in a manner that is easily accessible to
potential workers. The Committee also directs USCIS to
establish a process whereby workers may confirm that they are
the beneficiaries of H-2A petitions and can receive information
about their own immigration status, including, their authorized
period of stay and the status of any requested visa extensions.
The Committee encourages USCIS to provide the information in
multiple languages, including Spanish and English.
Processing Times for Immigration Benefit Requests.--The
Committee is concerned that processing times for citizenship
and other applications and petitions continue to increase. The
Committee expects USCIS to adjudicate citizenship and other
applications in a timely manner. USCIS is directed to ensure
that timeliness performance measures for all forms are
developed, implemented, and routinely assessed. Within 90 days
of the date of enactment of this act, the Committee directs
USCIS to report on measures implemented to promptly reduce
processing delays.
P3 Refugee Processing.--The Committee directs the
Department, in collaboration with the State Department, to
produce a report within 90 days of the date of enactment
describing steps by the administration to re-examine and
expedite P-3 processing, such as by reducing lengthy delays in
USCIS' initial paper review (known as RAVU) of the relationship
between the anchor relative and overseas family member listed
on the Affidavit Of Relationship [AOR], and to reduce
inefficiencies in DNA testing and processing steps that are
required only for P-3 cases, which can add years to average
processing times. The report should also detail, as of the
first day of fiscal year 2023 and each of the six previous
fiscal years, the number of P-3 refugee applicants who had
submitted an Affidavit of Relationship and were waiting for an
initial interview with the resettlement support center [RSC];
who had completed the initial RSC interview and whose
applications were not yet submitted by the Refugee Processing
Center to the USCIS Refugee Access Verification Unit [RAVU];
whose applications were submitted by the Refugee Processing
Center to RAVU and were pending a decision by RAVU; whose
applications were decided by RAVU and were pending an RSC pre-
screening interview; who completed an RSC pre-screening
interview and who were pending USCIS interviews; who had
completed interviews and were pending security clearance; who
were ready for departure; and have died or gone missing while
in the P-3 application process without ever being reunited with
their families.
Refugee Admissions and Processing.--The Committee remains
concerned about the pace of refugee admissions and directs the
Department to submit to the Committee and make available to the
public on its website not later than 90 days after the date of
enactment of this act the following information for each of
fiscal years 2018 through 2023: the number of USCIS staff
assigned to the Refugee Corps at the Refugee Affairs Division
of USCIS; the number of refugee processing circuit rides
conducted; the number of USCIS Refugee Corps officers assigned
to each circuit ride; the destination region and country for
each circuit ride; the number of refugee interviews conducted
by USCIS; and the number of approvals and denials issued by
USCIS. The Committee supports the administration's plan to
permit the use of video and audio teleconferencing to conduct
refugee interviews and establish the necessary infrastructure
to do so, pursuant to Executive Order 14013. The Committee
directs the Department to issue a report within 90 days of the
date of enactment of this act which shall include the details
of how many interviews were conducted remotely or by video,
what infrastructure was created to do so, and what the
Department needs to expand the use of remote interviews. The
report should also include challenges and best practices in
conducting remote interviews and factors that informed the
Department's decisions around which applicants were eligible
for a remote interview. The Committee directs the Department to
re-use biometric information for refugees applying for
adjustment of status to prevent further delays, that the
validity period for such biometrics should last at least 24
months, and to waive USCIS interviews for refugees applying for
adjustment of status. The Committee directs the Department to
implement a one-time exception per applicant through the end of
fiscal year 2024 for all 14-year-old and over applicants for
refugee resettlement who aged into the requirement to provide
biometric information including fingerprints. The Committee
asks that USCIS and U.S. Embassies additionally grant
permission to other U.S. Government staff in-country to travel
to collect this biometric data to allow for the expeditious
progression of refugee resettlement applications.
Remote Processing.--The Committee supports the use of
technology to securely increase the processing of applications
and petitions, including that of refugees. Within 90 days of
the date of enactment of this act, USCIS shall provide a
briefing to the Committee outlining compliance with Executive
Order 14013.
Report on Visa Usage.--The Committee is concerned about the
scarcity of non-immigrant, temporary work visas. Within 60 days
of enactment of this act, the Committee directs USCIS to
provide a report on the number of H-1B, H-2B, and Legal
Permanent Resident (LPR) applicants and petitioners who were
denied a visa due to existing caps. In the case of LPRs, the
report shall specify whether any LPRs are not eligible due to
caps based on occupation, age, or industry in the prior fiscal
year. The report shall be updated semi-annually thereafter.
Rural Access.--The Committee encourages USCIS to continue
to expand its efforts to reduce barriers to USCIS services,
including any geographic, financial and paperwork barriers.
Such efforts shall include, but not be limited to, additional
field or satellite offices, reductions in paperwork burdens,
and an increase and expansion of circuit rides into additional
areas.
Special Immigration Juvenile [SIJ] Visas Backlog.--The
Committee is concerned about the backlog of SIJ applications
and the impact of these visas counting towards the employment
based caps. Not later than 90 days after the the date of
enactment of this act and quarterly thereafter, USCIS shall
brief the Committee on the backlog. At a minimum, the brief
shall include: the total cumulative number of SIJ petitions
pending before USCIS yet to be adjudicated and the length of
time each case has been pending; the total number of SIJ
adjudications every month broken down by grant or denial and
the length of time each case was pending prior to adjudication;
the total number of Requests for Evidence and Notices of Intent
to Deny issued each month and the length of time each impacted
case was pending prior to the issuance of the Request for
Evidence or Notice of Intent to Deny; and the cumulative
numbers of such SIJS petitions that have been pending with the
agency since arrival at an agency lockbox for 30 or fewer days,
31-60 days, 61-90 days, 91-120 days, 121-179 days, and 180 or
more days, during each of the preceding 12 months. USCIS shall
make a copy of each report available to the public.
Unlawful Presence and Inadmissibility.--Within 60 days of
the date of enactment of this act, USCIS shall brief the
Committee on the impact of the recent policy changes in the
USCIS policy manual concerning inadmissibility determinations
under section 212(a)(9)(B)(i) of the INA. Within 120 days of
the date of enactment of this act and semi-annually thereafter,
USCIS shall provide statistics on the number of noncitizens
impacted by this change in policy, broken out by those found
inadmissible on the grounds of 3-year, 10-year, and permanent
unlawful presence bars.
USCIS Backlog and Frontlog Reporting.--USCIS shall provide
the Committee a plan within 60 days of the date of enactment of
this act to establish a quarterly, public report on all
backlogs, frontlogs and pending forms, for all form types. Such
reporting shall include, at a minimum, the number of applicants
or petitioners in each USCIS backlog, frontlog, or pending
status, including beneficiaries, where applicable; be
identified by form type; and shall present the data to the
public in such a way as to indicate length of time in such
status, as defined by USCIS. Additionally, within 180 days of
the date of enactment of this act, USCIS shall develop and
brief the Committee on a comprehensive Backlog Elimination
Plan, modeled on prior successful efforts by USCIS to eliminate
their backlogs in 2004-2006, along with any associated staffing
models to support such plan. USCIS shall also provide the
Committee with monthly backlog statistics. In addition to the
spend plan concerning the affirmative asylum backlog funds,
within 180 days of enactment of this act, USCIS shall submit a
report to the Committee detailing the total number of
affirmative asylum applications filed in the prior fiscal year
delineated by priority for adjudication, each priority's
average corresponding time pending in such priority status; the
total number of affirmative asylum applications filed, and the
total number of affirmative asylum cases adjudicated to final
disposition.
USCIS Quarterly Budget, Staffing and Productivity
Reporting.--USCIS shall continue to brief the Committee
quarterly on budget operations, including revenue projections,
actual spending, and other financial forecasts. At a minimum,
the briefing shall detail the spending of each directorate and
office (compared to projections), provide revenue and expenses
delineated by form type, other agency expenses including
payments or transfers to other Federal agencies, and carryover
or reserve fund projections and spending. USCIS shall ensure
the agency maintains a sufficient carryover balance which is
intended to provide stability amid fluctuating receipts.
Additionally, USCIS shall develop productivity measures that
convey the baseline capacity and capabilities for processing
applications and petitions and capture the impact of
investments in personnel, technology, or changes to processes
and policies on such measures. Updates on USCIS performance
against these measures shall be included with the quarterly
budget reporting. USCIS shall also include in this quarterly
brief to the Committee staffing data, based on the USCIS
workload staffing model. At a minimum the staffing data should
include actuals from the state of the Fiscal Year through the
most recent pay period and projections through the end of the
Fiscal Year.
Federal Law Enforcement Training Centers
The Federal Law Enforcement Training Centers [FLETC] serve
as an interagency law enforcement training organization for
more than 90 Federal agencies and certain SLTT and
international law enforcement agencies on a space-available
basis.
COMMITTEE RECOMMENDATIONS
The Committee recommends $360,611,000 for FLETC, which is
$18,587,000 below the request and $45,936,000 below the fiscal
year 2023 enacted level.
The following table summarizes the Committee's
recommendation as compared to the fiscal year 2023 enacted and
fiscal year 2024 budget request levels:
FLETC
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and Support.................................... 354,552 359,098 352,611
Procurement, Construction, and Improvements............... 51,995 20,100 8,000
-----------------------------------------------------
Total, FLETC.......................................... 406,547 379,198 360,611
----------------------------------------------------------------------------------------------------------------
OPERATIONS AND SUPPORT
Appropriations, 2023.................................... $354,552,000
Budget estimate, 2024................................... 359,098,000
Committee recommendation................................ 352,611,000
Funding is provided to meet basic law enforcement training
requirements. The Committee expects FLETC to maintain training
at or near facility capacity before entering into new leases or
establishing new partnerships with training organizations. To
that end, the Committee directs FLETC to provide a cost
analysis detailing, at minimum, each training center's maximum
instructional capacity by course and measured against its
annual student occupancy.
COMMITTEE RECOMMENDATIONS
Law Enforcement Training.--Within 180 days of the date of
enactment of this act, the Director of FLETC shall provide to
Congress a report on expanding field training, to facilitate
students applying their training in practical settings.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2023.................................... $51,995,000
Budget estimate, 2024................................... 20,100,000
Committee recommendation................................ 8,000,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $8,000,000 for Procurement,
Construction, and Improvements [PC&I], which is $12,100,000
below the budget request amount and $43,995,000 below the
fiscal year 2023 enacted level.
Construction and Facility Improvements.--The Committee
supports the partnership between the Bureau of Indian Affairs
and the U.S. Army National Guard to enhance advanced Tribal law
enforcement training operations. The Committee is aware of the
need for additional, well-trained Tribal law enforcement,
particularly in northern Tribal areas. The Committee strongly
encourages the Federal Law Enforcement Training Centers to
engage in this partnership and identify what facilities,
infrastructure, and resources are necessary in order to meet
the growing demand for Tribal law enforcement training.
Science and Technology
The mission of Science and Technology [S&T] is to conduct,
stimulate, and enable homeland security research, development,
and testing and to facilitate the timely transition of
capabilities to the Department's components and, as
practicable, to other Federal and SLTT end users.
COMMITTEE RECOMMENDATIONS
The Committee recommends $763,258,000 for S&T, which is
$123,911,000 below the budget request amount and $137,283,000
below the fiscal year 2023 enacted level.
The following table summarizes the Committee's
recommendation as compared to fiscal year 2023 enacted and
budget request levels:
SCIENCE AND TECHNOLOGY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and Support.................................... 384,107 372,045 367,183
Procurement, Construction and Improvements................ 55,216 78,579 43,579
Research and Development.................................. 461,218 436,545 352,496
-----------------------------------------------------
Total, Science and Technology......................... 900,541 887,169 763,258
----------------------------------------------------------------------------------------------------------------
OPERATIONS AND SUPPORT
Appropriations, 2023.................................... $384,107,000
Budget estimate, 2024................................... 372,045,000
Committee recommendation................................ 367,183,000
The Operations and Support [O&S] appropriation funds the
management functions necessary to facilitate the research and
development mission of S&T.
COMMITTEE RECOMMENDATIONS
The Committee recommends $367,183,000 for O&S, which is
$4,862,000 below the budget request amount and $16,924,000 the
fiscal year 2023 enacted level. Of the amount provided, the
Committee recommends not to exceed $10,000 for official
reception and representation expenses.
LABORATORY FACILITIES
The recommendation includes $127,838,000 for Laboratory
Facilities operations, which is $990,000 below the request and
$16,924,000 below the fiscal year 2023 enacted level.
This recommendation funds the operations of all of the S&T
Laboratory Facilities including the Chemical Security Analysis
Center [CSAC] operations; the National Urban Security
Technology Laboratory [NUSTL] operations; and the National
Biodefense Analysis and Countermeasures Center [NBACC]
operations. This recommendation also ensures that S&T can meet
its responsibilities for the safe and secure operation of the
Transportation Security Lab and the Plum Island Animal Disease
Center [PIADC]. These facilities provide the Homeland Security
Enterprise with a coordinated and enduring core of productive
science, technology, and engineering laboratories,
organizations, and institutions which provide the knowledge and
technology to secure our Homeland. Additionally, Laboratory
Facilities deliver long-term capabilities vital to the
Department's mission by utilizing a coordinated network of S&T
laboratories and the Department of Energy national
laboratories.
Work for Others [WFO].--The Committee fully supports the
WFO program within NBACC and directs S&T to provide a briefing
within 90 days of the date of enactment of this act on the
implementation and execution of the program. The briefing shall
include a review of the current execution of the program and
identify whether there is full cost recovery for WFO projects
or activities.
ACQUISITION AND OPERATIONS ANALYSIS
The Committee recommends $77,720,000 for Acquisition
Operations and Analysis, which supports the request and is
$14,655,000 below the fiscal year 2023 enacted level.
Partnership Intermediary Agreements.--The Committee
supports the Department's efforts to establish Partnership
Intermediaries, as defined under section 3715 of title 15,
United States Code, to support its ability to seek out, assess,
and engage non-traditional small business vendors for the
Department's development and acquisition efforts. The Committee
sustains base funding for Partnership Intermediary Agreements
to enable components across the Department to engage
immediately on technology transfer and transition activities.
Projecting and Planning For Future Flow to U.S. Southwest
Border.--Within 60 days of the date of enactment of this act,
S&T and CBP, along with other Department partners, shall
provide a final report to the Committee on execution of prior
year funds for this purpose.
SAFETY Act.--The Committee is encouraged by continued
efforts from S&T to effectuate the Support Anti-Terrorism by
Fostering Effective Technologies [SAFETY] Act (Public Law 107-
296) program. This program encourages anti-terrorism
preparedness and mitigation by providing liability protections
for technologies or processes the program certifies or
designates as meeting certain anti-terrorism standards.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2023.................................... $55,216,000
Budget estimate, 2024................................... 78,579,000
Committee recommendation................................ 43,579,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $43,579,000 for Procurement,
Construction, and Improvements [PC&I], which is $35,000,000
below the budget request amount and $11,637,000 below the
fiscal year 2023 enacted level. Funds provided for PC&I will be
used for biological decontamination, completing environmental
regulatory compliance activities, and preserving historic
assets at the PIADC. The Committee express support for the
permanent conservation of Plum Island for the protection in
perpetuity of its natural and cultural resources. The Committee
requests that the Department of Homeland Security [DHS] provide
a briefing to the Committee regarding the closure and disposal
process for the island, the status and schedule of cleanup and
monitoring, and the procedures needed to ensure that DHS's
certification that its remedial actions on Plum Island protect
human health and the environment will remain valid.
Laboratory Infrastructure.--The Committee includes
$10,000,000, which is the same as the request, to ensure the
S&T laboratory infrastructure can address deficiencies and
substantial capacity shortcomings to meet evolving mission
requirements. The Committee believes preventative maintenance,
repair, replacement, and updates to key support systems and
facilities must be programmed into each fiscal year in order to
preserve mission critical research capabilities.
RESEARCH AND DEVELOPMENT
Appropriations, 2021.................................... $461,218,000
Budget estimate, 2023................................... 436,545,000
Committee recommendation................................ 352,496,000
S&T supports the mission of the Department through basic
and applied research, fabrication of prototypes, research and
development to mitigate the effects of weapons of mass
destruction, and acquiring and field testing equipment.
COMMITTEE RECOMMENDATIONS
The Committee recommends $352,496,000 for Research and
Development [R&D], which is $84,049,000 below the budget
request amount and $108,722,000 below the fiscal year 2023
enacted level.
The Committee directs S&T to continue to prioritize applied
research activities that provide innovative solutions to the
Department, its components, and their most integral
stakeholders. Despite the inclusion of R&D appropriations for
each component under the common appropriations structure, S&T
should be the central component for departmental R&D, including
R&D for other components. Ensuring that S&T is the principal
R&D component will contribute to the goal of departmental unity
of effort, a goal shared by the Committee and the Department.
Therefore, the Committee directs the Secretary to notify the
Committee not less than 60 days in advance of any reduction,
discontinuation, or transfer from the custody of the
Undersecretary for Science and Technology of any R&D activity
that is being conducted by S&T as of the date of enactment of
this act.
Transitioning New Capabilities to Operational Components.--
The Committee commends S&T on the ongoing collaboration with
Department operational components to discover and develop
innovative equipment and capabilities in support of mission
critical homeland security programs. To better account for both
the impact of R&D funding and how those resources improve the
Department's operational capabilities, S&T shall provide a
briefing to the Committee within 45 days of the date of
enactment of this act, on a plan to partner with Department
agencies to develop key measures that capture that impact and
quantify a return of investment. Within 60 days of the date of
enactment of this act, S&T shall provide the Committee examples
of the impact of three R&D projects.
RESEARCH, DEVELOPMENT, AND INNOVATION
Port of Entry [POE] Security.--The Committee supports
continued work to improve the data analytics and visualization
tools available to CBP and ICE to track and inspect cargo
entering and exiting the United States, particularly cargo that
may contain opioids, weapons, or explosives. Improvements to
automated threat algorithms and visualization tools can
increase analyst efficiency, better target criminal networks,
and increase the seizure of illicit goods and materials before
they enter the United States. The Committee encourages S&T to
pursue R&D related to emerging analytics and data visualization
that can enhance tracking from origin to destination of cargo
and people with advanced interactive visual analytics to better
identify criminal activity while expediting processing.
Port of Entry Data Analytic Capability.--The Committee is
aware of and concurs with Presidential Determination No. 2017-
09, which identifies a critical item shortfall of industrial
capacity related to secure composite shipping containers. The
Committee therefore encourages S&T to continue container
demonstrations to expedite transition of this new secure
shipping capability into government and commercial shipping
operations, and to evaluate new scalable container security
design improvements. Further, the Committee encourages S&T to
work to develop thermoplastic composite materials that reduce
costs and improve intrusion sensor integration.
Data Visualization and Emerging Analytics.--The Committee
encourages S&T to pursue R&D activities related to Data
Visualization and Emerging Analytics which supports emerging
analytics tools, studies, capabilities, and sensors that can
enhance the tasking, collection, processing, exploitation, and
dissemination of data which is key to the detection and
disruption of illegal activity found on our borders and POEs.
Air Domain Awareness.--The Committee understands that Air
Domain Awareness is a critical component of both countering
malicious unmanned aircraft and developing a secure air traffic
control system for unmanned aerial systems [UAS] and encourages
S&T to continue its Air Domain Awareness evaluation project in
urban and maritime environments.
Enabling Unmanned Aerial Systems.--The Committee
acknowledges the critical value in the establishment of the
common test site for demonstration and research of UAS and is
pleased that the site is also available to other Federal,
State, and local partners. The Committee encourages S&T to
prioritize the Demonstration Site for the JUSTICE project to
conduct on-site testing and evaluation for the Department and
encourages the close collaboration with the FAA UAS Center of
Excellence.
Maritime Safety and Security.--The Committee is encouraged
by S&T's partnership with the U.S. Coast Guard, industry
performers and academia to conduct research, development,
testing and evaluation of wind and solar powered unmanned
maritime vessels with surface and subsurface capabilities that
can directly enhance the S&T mission and the operational
partners they serve by improving support to missions such as
counter-narcotics, search and rescue, aids to navigation,
marine safety, marine environmental and defense readiness. In
carrying out this activity, S&T shall consider the ways in
which UAS could be fully employed and utilized for such
missions and shall strongly consider the current and future
operational requirements of the Coast Guard. The Committee also
recognizes the vast data threat facing the U.S. maritime sector
and the direct threat this poses against critical
infrastructure components for mission critical functions. The
Committee recommends $19,400,000, which is $4,850,000 below the
request, for the ongoing maritime port resiliency and security
research testbed to support the design and development of
tactics, techniques, and procedures for effective threat
response to critical maritime infrastructure.
Next Generation Explosive Trace Detection.--The Committee
is concerned about the significant threat posed by the
smuggling of narcotics, including opioids/fentanyl, and
hazardous materials and through POEs and transportation hubs.
The Committee is aware of the Department's efforts to increase
the percentage of cargo-containing trucks/tractor trailers
undergoing primary inspection at POEs. To more effectively
detect narcotics and hazardous materials in cargo loads at POEs
and improve the efficiency of screening operations, the
Committee encourages S&T to pursue additional capabilities to
improve the detection and interdiction of threats encountered
by CBP or TSA.
Opioid and Fentanyl Detection.--The Committee supports
continued S&T collaboration with ICE Homeland Security
Investigations [HSI] with the development of opioid-related
investigative, training, analytical and other capabilities and
to partner with the Center of Excellence for Criminal
Investigations and Network Analysis. Additionally, the
Committee encourages S&T to increase the development of rapid
scanning technology and directs S&T to provide a report within
180 days of the date of enactment of this act on any research
or development to incorporate rapid scanning into screening
methods for drug interdiction. Further, the Committee
encourages S&T to pursue the development and testing, in
consultation with U.S. Customs and Border Protection, of three-
dimensional graphene-based sensors that can detect the presence
of illicit fentanyl and other harmful substances at the
international borders of the United States.
Portable Forensics Chemical Analyzer [PCA].--The Committee
encourages S&T to pursue the development of research of on-
person portable field chemical analysis systems with suitable
capability to enable one-minute confirmatory sample
identification.
Natural Disaster Resiliency.--The Committee encourages S&T
to enter into an Educational Partnership Agreement with the
U.S. Army Corps of Engineers and one or more educational
institutions with expertise in water infrastructure resilience,
civil engineering, and material sciences, for the purpose of
developing capabilities for maintaining and improving the
integrity of the U.S. levee and dams systems. Furthermore, the
Committee encourages S&T to research viable alternatives of
concrete dam design and performance, including characterization
of structural demands and resistance, assessment of structural
health and vulnerabilities, and development of repair and
retrofit technologies including applications of advanced
materials toward growing the industries and workforce of the
future to strengthen our National resiliency.
Bi-National Cooperative Program.--The Committee includes
$2,000,000 for S&T to continue engagement in the binational
research and development program. Within 180 days of the date
of enactment of this act, S&T shall brief the Committee on the
outcome of each grant awarded through the program and on any
commercialization or transition to practice that has resulted
from the program's initiatives.
Technologies for the Protection of Critical
Infrastructure.--The Committee understands the valuable role
that Army research partners can play to advance developing
military technologies for Soft Target and Crowded Spaces
applications and encourages S&T to pursue Demonstration of
technologies, in collaboration with CISA, to work with the
Army's Engineer Research and Development Center and its
university partners to address identified technological needs
and requirements for soft target protection.
Silicon Valley Innovation Program [SVIP].--The Committee
continues to be encouraged by S&T's growing partnerships with
industry through the SVIP and expects this program to continue
to deliver rapid results. Within 90 days of the date of
enactment of this act, S&T shall brief the Committee on the
program's current and projected return on investment, including
updates on projects that have been implemented into Department
programs.
Explosives Threat Assessment.--The Committee is aware of
S&T's robust and ongoing partnership with the Federal Bureau of
Investigation's Terrorist Explosive Device Analysis Center to
better understand and characterize home-made explosives and
encourages S&T to continue to seek ways to fully utilize and
expand this important partnership. The Committee is also
pleased with S&T's outreach to other Federal research
laboratories, including those operated by the U.S. Army Corps
of Engineers, that have relevant expertise in high performance
computing, computer-aided and interdisciplinary engineering,
computer science, and instrumentation systems.
Detection Canine.--The Committee funds the request for the
Detection Canine Program. As the variety and number of
national, State and local threats have increased in recent
years, detection canines have proven to be an increasingly
important counterterrorism tool to safeguard national security
and public safety and are force multipliers across various law
enforcement units. With support from S&T, the Detective Canine,
Science, Innovation, Technology, and Education [DCSITE] Program
is structured to be transdisciplinary and comprehensive of all
threats, providing a sustained, large-scale, comprehensive
government and academic effort to advance innovation,
technology and education in detection canine sciences.
Cybersecurity Research.--The Committee directs S&T to
continue its efforts to ensure the effectiveness of cyber
training for law enforcement and vulnerable populations and
encourages S&T to continue working with a university partner to
evaluate cybersecurity training materials and the social and
behavioral impacts on protecting local law enforcement entities
and their respective operations. Additionally, S&T shall
continue to research how to implement routine activity theory
and other crime control methods on the cyber platforms most
commonly used by the aging work force, the elderly, small
businesses, and other vulnerable targets of online criminal
schemes.
The Committee recommends S&T engage in university-based
cybersecurity research and workforce development focused on
manufacturing environments with high levels of machine tool
automation/robotics, high performance computing, and additive
manufacturing.
Critical Infrastructure and Cyber Attacks.--The Committee
recognizes the increased threat of cyber-attacks on U.S.
critical infrastructure and the need to develop and deploy
timely software quality assurance tools for monitoring and
timely cyber-attack mitigation. The Committee supports
university research in partnership with a National Laboratory
critical infrastructure testbed to develop and demonstrate
timely hierarchical software quality assurance and timely
cyber-attack mitigation techniques for hardware in one or more
of the following Department-designated critical infrastructure
sectors: Chemical, Information Technology, Critical
Manufacturing, Water, and Communications.
Research and Deployment of Internet of Things [IoT] Sensors
and Whole Community Response Interoperability Platforms for
Public Safety and National Security Purposes.--The Committee
encourages S&T to further pursue its IoT sensors and platforms
research with Artificial Intelligence/Machine Learning [AI/ ML]
and edge computing to support public safety at various types of
critical infrastructure and address soft target threats in
order to facilitate all hazard, emergency incident response.
First Responder Resilient Communications.--The Committee is
aware of recent challenges first responders faced with gaps in
critical communication equipment as hurricanes made landfall in
the continental United States, preventing emergency personnel
from communicating with each other and residents in potentially
dangerous situations. The Committee supports the use of highly
available and resilient deployable and fixed communication
systems, which include the use of voice, video and high-data
rate connectivity, to provide first responders with continuous
emergency communications so they can effectively respond to
natural disasters and other emergencies to help save lives and
property.
UNIVERSITY PROGRAMS
The recommendation includes $40,830,000 for University
Programs, of which $36,704,000 is for Centers of Excellence and
$4,126,000 is for Minority Serving Institutions [MSI], which
shall continue to leverage partnerships with top research and
educational institutions. The Committee recognizes the
importance of the Centers of Excellence program to generate
basic and applied research that delivers innovative
technologies to the Homeland Security Enterprise.
Center of Excellence for Coastal Resilience [CRC].--The
Committee acknowledges the work of the CRC and encourages S&T
to continue that effort, including CRC's work in partnership
with top research and educational institutions to conduct
research, develop tools, and provide public outreach and
education in support of the Department's missions in building
resilient communities, enhancing coastal infrastructure
resilience, understanding disaster dynamics, and encouraging
community and individual action to build resiliency.
Emeritus Centers of Excellence.--The Committee recognizes
the important work of DHS to identify emerging transboundary
pathogens and also develop a workforce that is able to meet the
associated challenges. As federally funded research on foreign
animal diseases transitions from the PIADC to the National Bio
and Agro-Defense Facility [NBAF], the S&T Office of National
Laboratories [ONL] is directed to provide a briefing to the
Committee within 120 days of the date of enactment of this act,
describing: (1) how its future funding requests will enhance
collaboration across the Federal Government to protect the
Nation's economic vitality and its agriculture, farmers and
citizens against the threat of animal diseases, and; (2) how
DHS will work with Emeritus Centers of Excellence to identify
emerging requirements to support its research.
Protecting Agriculture from Cyber Vulnerabilities.--The
Committee encourages S&T and the NCITE COE to pursue research
into cybersecurity vulnerabilities of U.S. agriculture
production and development of an Ag Cyber-Physical Security
Proving Ground.
Countering Weapons of Mass Destruction Office
The Countering Weapons of Mass Destruction [CWMD] Office,
as established through Public Law 115-387, leads the
Department's efforts to develop and enhance CWMD programs and
capabilities that defend against weapons of mass destruction
and to combat bio-threats and pandemics.
COMMITTEE RECOMMENDATIONS
The Committee recommends $346,158,000 for the CWMD Office,
which is $81,903,000 below the budget request amount and
$84,814,000 below the fiscal year 2023 enacted level.
The following table summarizes the Committee's
recommendation as compared to the fiscal year 2023 and budget
request levels:
COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023 Fiscal year 2024 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and Support.................................... 151,970 164,315 156,946
Procurement, Construction, and Improvements............... 75,204 42,338 15,360
Research and Development.................................. 64,615 60,938 48,751
Federal Assistance........................................ 139,183 160,470 132,764
-----------------------------------------------------
Total, Countering Weapons of Mass Destruction Office.. 430,972 428,061 353,821
----------------------------------------------------------------------------------------------------------------
OPERATIONS AND SUPPORT
Appropriations, 2023.................................... $151,970,000
Budget estimate, 2024................................... 164,315,000
Committee recommendation................................ 156,946,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $156,946,000 for Operations and
Support [O&S], which is $7,369,000 below the budget request
amount and $4,976,000 above the fiscal year 2023 enacted level.
The Committee expects the report regarding research and
development projects for the last five completed fiscal years
and a strategic plan for completing, maintaining, or initiating
new research and development from the CWMD office, as required
in Senate Report 116-125, be submitted.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2023.................................... $75,204,000
Budget estimate, 2024................................... 42,338,000
Committee recommendation................................ 15,360,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $15,360,000 for Procurement,
Construction, and Improvements, which is $26,978,000 below the
budget request amount and $59,844,000 below the fiscal year
2023 enacted level.
Strategic Commercial Seaports [SCS].--The Committee is
disappointed that CWMD has not provided the Committees a
briefing on plans to procure and install Radiation Portal
Monitors [RPM] at SCS locations designated by the U.S.
Department of Transportation Maritime Administration and the
U.S. Department of Defense Military Surface Deployment and
Distribution Command as required in the Consolidated
Appropriations Act, 2023 (Public Law 117-328). The Committee
directs CWMD to provide the aforementioned briefing no later
than 30 days after enactment of this act. Further, the
Committee reminds CWMD that the briefing shall include the
Department's recommendation on the appropriate number of
functioning RPMs for each dedicated ingress/egress gate at each
SCS, along with the estimated costs, including total
acquisition, operations, and maintenance costs and associated
costs for any necessary infrastructure enhancements or
configuration changes at each Port of Entry; and a proposed
timeline for procurement, deployment, and installation of the
RPM technology.
RESEARCH AND DEVELOPMENT
Appropriations, 2023.................................... $64,615,000
Budget estimate, 2024................................... 60,938,000
Committee recommendation................................ 48,751,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $48,751,000 for Research and
Development [R&D], which is $12,817,000 less than the budget
request amount and $15,864,000 below the fiscal year 2023
enacted level.
Biological Detection for the 21st Century.--The Committee
is concerned that CWMD has yet to implement the Biological
Detection for the 21st Century [BD21] Program that was
initiated in 2019. BD21 was funded to evaluate networked
biological detection and presumptive identification equipment
for the purposes of informing the next generation detection of
airborne bio-threats, as well as to recapitalize the BioWatch
Program. To fulfill these responsibilities, CWMD is developing
the BD21 Program. Therefore, the committee directs the
Department to provide a briefing not later than 90 days after
the date of enactment of this act to discuss actions in recent
years regarding technology maturation and environmental
biodetection.
Transformational Research and Development.--The Committee
recognizes the catastrophic risks posed by biological threats
and the critical role played by CWMD in mitigating these
threats, specifically through the Transformational Research and
Development programs. Recognizing the inability of existing and
planned bio-detection capabilities to meet today's threat, the
Committee directs the prioritization of research and
development projects specific to countering catastrophic
biological risks.
FEDERAL ASSISTANCE
Appropriations, 2023.................................... $139,183,000
Budget estimate, 2024................................... 160,470,000
Committee recommendation................................ 132,764,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $132,764,000 for Federal
Assistance, which is $27,716,000 below the budget request
amount and $6,419,000 below the fiscal year 2023 enacted level.
BioWatch Program.--The Committee directs CWMD to focus on
significantly increasing the number of detectable bio-agents,
reducing the time-to-respond, and providing a common operating
picture at Federal, State, and local levels. The committee
further directs CWMD to utilize a threat-based approach that
reduces risk by incorporating the latest advanced technologies,
while structuring the capability with an infrastructure that
allows it to evolve as new technologies become available to
achieve longer-term program objectives. Within 90 days of the
date of enactment of this act, CWMD is to provide a briefing to
Congress on a plan to improve biological detection capabilities
over the next 5 years.
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 includes a provision to permit
USCIS to oversee the collection of biometrics virtually.
Section 404. The Committee continues a provision
authorizing FLETC to distribute funds for incurred training
expenses.
Section 405. 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 406. The Committee continues a provision allowing
for FLETC's acceptance of transfers from government agencies
into this appropriation.
Section 407. The Committee continues a provision
classifying FLETC instructor staff as inherently governmental
for certain considerations.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Section 501. The bill includes a provision stipulating that
no part of any appropriation shall remain available for
obligation beyond the current fiscal year unless expressly
provided.
Section 502. The bill includes a provision stipulating that
unexpended balances of prior appropriations may be merged with
new appropriations accounts and used for the same purpose,
subject to reprogramming guidelines.
Section 503. The bill includes a provision that provides
authority to reprogram appropriations within an account and to
transfer up to 5 percent between accounts with advance
notification to the Committee. A detailed funding table
identifying each congressional control level for reprogramming
purposes is included at the end of this statement. These
reprogramming guidelines shall be complied with by all
departmental components funded by this act.
The Committee expects the Department to submit
reprogramming requests on a timely basis and to provide
complete explanations of the reallocations proposed, including
detailed justifications of the increases and offsets, and any
specific impact the proposed changes will have on the budget
request for the following fiscal year and future-year
appropriations requirements. Each request submitted to the
Committee should include a detailed table showing the proposed
revisions at the account, program, project, and activity level
to the funding and staffing FTE levels for the current fiscal
year and to the levels required for the following fiscal year.
The Committee expects the Department to manage its programs
and activities within the levels appropriated. The Committee
reminds the Department that reprogramming or transfer requests
should be submitted only in the case of an unforeseeable
emergency or a situation that could not have been predicted
when formulating the budget request for the current fiscal
year. When the Department submits a reprogramming or transfer
request to the Committee and does not receive identical
responses from the House and Senate, it is the responsibility
of the Department to reconcile the House and Senate differences
before proceeding, and if reconciliation is not possible, to
consider the reprogramming or transfer request unapproved.
The Department shall not propose a reprogramming or
transfer of funds after June 15 unless there are extraordinary
circumstances that place human lives or property in imminent
danger. To the extent that any reprogramming proposals are
required, the Department is strongly encouraged to submit them
well in advance of the June 15 deadline.
Section 504. The bill includes a provision relating to the
Department's Working Capital Fund [WCF] that: extends the
authority of the WCF in fiscal year 2024; prohibits funds
appropriated or otherwise made available to the Department from
being used to make payments to the WCF, except for the
activities and amounts allowed in the budget request; makes WCF
funds available until expended; ensures departmental components
are only charged for direct usage of each WCF service; makes
funds provided to the WCF available only for purposes
consistent with the contributing component; and requires the
WCF to be paid in advance or reimbursed at rates that will
return the full cost of each service. The WCF table included in
the justification materials accompanying the budget request
shall serve as the control level for quarterly execution
reports submitted to the Committee not later than 30 days after
the end of each quarter. These reports shall identify any
activity added or removed from the fund.
Section 505. The bill includes a provision stipulating that
not to exceed 50 percent of unobligated balances recorded not
later than June 30 from appropriations made for salaries and
expenses in fiscal year 2024 shall remain available through
fiscal year 2025, subject to reprogramming.
Section 506. The bill includes a provision providing that
funds for intelligence activities are specifically authorized
during fiscal year 2024 until the enactment of an act
authorizing intelligence activities for fiscal year 2024.
Section 507. The bill continues a provision specifying
Committee notification thresholds related to awards for grants,
contracts, other transaction agreements, certain task or
delivery orders, letters of intent, and certain public
announcements.
Section 508. The bill includes a provision stipulating that
no agency shall purchase, construct, or lease additional
facilities for Federal law enforcement training without the
advance notification to the Committees on Appropriations of the
Senate and the House of Representatives.
Section 509. The bill includes a provision stipulating that
none of the funds provided by this act may be used for any
construction, repair, alteration, or acquisition project for
which a prospectus, if required under chapter 33 of title 40,
United States Code, has not been approved. The bill excludes
funds that may be required for development of a proposed
prospectus.
Section 510. The bill includes a provision that
consolidates and continues by reference prior-year statutory
bill language into one provision. These provisions concern
contracting officers' training and Federal building energy
performance.
Section 511. The bill includes a provision stipulating that
none of the funds provided by this act may be used in
contravention of the Buy American Act (Public Law 72-428).
Section 512. The bill includes a provision prohibiting
funds from being used to amend the oath of allegiance required
under section 337 of the Immigration and Nationality Act (8
U.S.C. 1448).
Section 513. The bill includes a provision prohibiting
funds from being used to carry out section 872 of the Homeland
Security Act of 2002 (Public Law 107-296).
Section 514. The bill includes a provision prohibiting
funds from being used to plan, test, pilot, or develop a
national identification card.
Section 515. The bill includes a provision directing that
any official required by this act to report or certify to the
Committees on Appropriations of the Senate and the House of
Representatives may not delegate such authority unless
expressly authorized to do so in this act.
Section 516. The bill includes a provision prohibiting
funds provided by this act to be used for first-class travel.
Section 517. The bill includes a provision prohibiting
funds provided by this act to be used to employ workers in
contravention of section 274A(h)(3) of the Immigration and
Nationality Act.
Section 518. The bill includes a provision prohibiting
funds appropriated or otherwise made available by this act to
pay for award or incentive fees for contractors with below
satisfactory performance or performance that fails to meet the
basic requirements of the contract.
Section 519. The bill includes a provision regarding
restrictions on electronic access to pornography.
Section 520. The bill includes a provision regarding the
transfer of an operable firearm by a Federal law enforcement
officer to an agent of a drug cartel.
Section 521. The bill includes and modifies language
regarding the number of employees permitted to attend
international conferences.
Section 522. The bill includes a provision prohibiting
funds made available by this act to reimburse any Federal
department or agency for its participation in an NSSE.
Section 523. The bill includes a provision on structural
pay reform that affects more than 100 full-time positions or
costs more than $5,000,000 in a single year.
Section 524. The bill includes a provision directing the
Department to post on a public website reports required by the
Committees on Appropriations of the Senate and the House of
Representatives unless public posting compromises homeland or
national security or contains proprietary information.
Section 525. The bill continues a provision allowing
Operations and Support funding to be used for certain
activities.
Section 526. The bill includes a provision related to
schooling for certain overseas dependents.
Section 527. The bill includes a provision regarding
congressional visits to detention facilities.
Section 528. The bill includes a provision prohibiting the
use of funds to use restraints on pregnant detainees in the
Department's custody except in certain circumstances.
Section 529. The bill includes a provision prohibiting the
use of funds for the destruction of records related to the
sexual abuse or assault of detainees in custody.
Section 530. The bill includes a provision regarding
funding for a Principal Federal Official.
Section 531. The bill includes a provision regarding a
report on defense funding.
Section 532. The bill continues a provision regarding
protection for a former or retired Government official or
employee.
Section 533. The bill includes a provision regarding
oversight of the Department of Homeland Security's use of the
Technology Modernization Fund.
Section 534. The bill continues a provision related to user
fee proposals that have not been enacted into law prior to
submission of the budget request.
Section 535. The bill continues a provision related to the
Arms Trade Treaty.
Section 536. The bill includes a provision that prohibits a
procurement contract, grant, loan, cooperative agreement with
certain foreign military company.
Section 537. The bill continues a provision regarding
detainees held in Guantanamo Bay, Cuba.
Section 538. The bill continues and modifies a provision
directing the Secretary of Homeland Security to develop, use,
and share estimates of arrivals of noncitizens on the southwest
border.
Section 539. The bill includes a provision regarding the
protection of certain facilities and assets and unmanned
aircraft.
Section 540. The bill includes a provision regarding the
designation of emergency funding.
Section 541. The Committee includes a provision relating to
the E-Verify program.
Section 542. The Committee includes a provision relating to
the Religious Workers program.
Section 543. The Committee includes a provision relating to
H-2B visas.
Section 544. The Committee includes a provision relating to
the Conrad 30 program.
Section 545. The bill rescinds unobligated balances from
prior year appropriations.
PROGRAM, PROJECT, AND ACTIVITY
In fiscal year 2021, for purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-177),
as amended, the following information provides the definition
of the term ``program, project, and activity'' for the
components of the Department of Homeland Security under the
jurisdiction of the Homeland Security Subcommittee of the
Committee on Appropriations. The term ``program, project, and
activity'' shall include the most specific level of budget
items identified in the Department of Homeland Security
Appropriations Act, 2024, the House and Senate Committee
reports, and the conference report and the accompanying Joint
Explanatory Statement of the managers of the committee of
conference.
If a percentage reduction is necessary, in implementing
that reduction, components of the Department of Homeland
Security shall apply any percentage reduction required for
fiscal year 2023 to all items specified in the justifications
submitted to the Committees on Appropriations of the Senate and
the House of Representatives in support of the fiscal year 2021
budget estimates, as amended, for such components, as modified
by congressional action.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
SENATE
Paragraph 7 of rule XVI requires that Committee reports
accompanying general appropriations bills identify each
recommended amendment which proposes an item of appropriation
which is not made to carry out the provisions of an existing
law, a treaty stipulation, or an act or resolution previously
passed by the Senate during that session.
The Committee recommends funding for the following programs
or activities which currently lack authorization for fiscal
year 2024:
--Analysis and Operations: Operations and Support.
--U.S. Customs and Border Protection: Operations and Support;
and Procurement, Construction, and Improvements.
--U.S. Immigration and Customs Enforcement: Operations and
Support; and Procurement, Construction, and
Improvements.
--Transportation Security Administration: Operations and
Support; Procurement Construction and Improvements; and
Research and Development.
--Coast Guard: Operations and Support; Procurement
Construction and Improvements; and Research and
Development; and Retired Pay.
--Cybersecurity and Infrastructure Security Agency:
Operations and Support; Procurement Construction and
Improvements; and Research and Development.
--Federal Emergency Management Agency: Operations and
Support; Procurement, Construction and Improvements;
and Federal Assistance Programs.
COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on July 27, 2023,
the Committee ordered favorably reported an original bill (S.
2625) making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2024, and for
other purposes, provided that the bill be subject to amendment
and that the bill be consistent with its budget allocation, and
provided that the Chairman of the Committee or his designee be
authorized to offer the substance of the original bill as a
Committee amendment in the nature of a substitute to the House
companion measure, by a recorded vote of 24-4, a quorum being
present. The vote was as follows:
Yeas Nays
Chair Murray Mr. Hagerty
Mrs. Feinstein Mrs. Britt
Mr. Reed Mr. Rubio
Mr. Tester Mrs. Fischer
Mrs. Shaheen
Mr. Merkley
Mr. Coons
Mr. Schatz
Ms. Baldwin
Mr. Murphy
Mr. Manchin
Mr. Van Hollen
Mr. Heinrich
Mr. Peters
Ms. Collins
Mr. McConnell
Ms. Murkowski
Mr. Graham
Mr. Moran
Mr. Hoeven
Mr. Boozman
Mrs. Capito
Mr. Kennedy
Mrs. Hyde-Smith
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI, OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of rule XXVI requires that Committee reports
on a bill or joint resolution repealing or amending any statute
or part of any statute include ``(a) the text of the statute or
part thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint resolution
making the amendment and of the statute or part thereof
proposed to be amended, showing by stricken-through type and
italics, parallel columns, or other appropriate typographical
devices the omissions and insertions which would be made by the
bill or joint resolution if enacted in the form recommended by
the Committee.''
In compliance with this rule, changes in existing law
proposed to be made by the bill are shown as follows: existing
law to be omitted is enclosed in black brackets; new matter is
printed in italic; and existing law in which no change is
proposed is shown in roman.
TITLE 8--ALIENS AND NATIONALITY
Chapter 12--Immigration and Nationality
Subchapter I--General Provisions
Sec. 1101. Definitions
(a) As used in this chapter--
* * * * * * *
(27) The term ``special immigrant'' means--
* * * * * * *
(C) an immigrant, and the immigrant's
spouse and children if accompanying or
following to join the immigrant, who-
(i) for at least 2 years
immediately preceding the time of
application for admission, has been a
member of a religious denomination
having a bona fide nonprofit, religious
organization in the United States;
(ii) seeks to enter the United
States--
(I) solely for the purpose
of carrying on the vocation of
a minister of that religious
denomination,
(II) before [September 30,
2015] September 30, 2024, in
order to work for the
organization at the request of
the organization in a
professional capacity in a
religious vocation or
occupation, or
(III) before [September 30,
2015] September 30, 2024, in
order to work for the
organization (or for a bona
fide organization which is
affiliated with the religious
denomination and is exempt from
taxation as an organization
described in section 501(c)(3)
of title 26) at the request of
the organization in a religious
vocation or occupation; and
* * * * * * *
Subchapter II--Immigration
PART VIII--GENERAL PENALTY PROVISIONS
Sec. 1324a. Unlawful employment of aliens
Editorial Notes
Pilot Programs for Employment Eligibility Confirmation
``SEC. 401. ESTABLISHMENT OF PROGRAMS.
``(a) In General.--The Secretary of Homeland Security shall
conduct 3 pilot programs of employment eligibility confirmation
under this subtitle.
``(b) Implementation Deadline; Termination.--The Secretary
of Homeland Security shall implement the pilot programs in a
manner that permits persons and other entities to have
elections under section 402 of this division made and in effect
no later than 1 year after the date of the enactment of this
Act. Unless the Congress otherwise provides, the Secretary of
Homeland Security shall terminate a pilot program on [September
30, 2015] September 30, 2024.
------
IMMIGRATION AND NATIONALITY TECHNICAL CORRECTIONS ACT OF 1994, PUBLIC
LAW 103-416
TITLE II--TECHNICAL CORRECTIONS OF IMMIGRATION LAWS
SEC. 220. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT
TO INTERNATIONAL MEDICAL GRADUATES.
(c) Effective Date.--The amendments made by this section
shall apply to aliens admitted to the United States under
section 101(a)(15)(J) of the Immigration and Nationality Act,
or acquiring such status after admission to the United States,
before, on, or after the date of enactment of this Act and
before [September 30, 2015] September 30, 2024.
------
HOMELAND SECURITY ACT OF 2002, PUBLIC LAW 107-296
TITLE II--INFORMATION ANALYSIS
Subtitle A--Information and Analysis; Access to Information
SEC. 210G. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
(a) Authority.-- * * *
* * * * * * *
(i) Termination.--The authority to carry out this section
with respect to a covered facility or asset specified in
subsection (k)(3) shall terminate on [the date that is 4 years
after the date of enactment of this section] September 30,
2024.
------
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2015, PUBLIC LAW
114-4
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Federal Emergency Management Agency
DISASTER RELIEF FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $7,033,464,494, to remain available until
expended, of which $24,000,000 shall be transferred to the
Department of Homeland Security Office of Inspector General for
audits and investigations related to disasters: Provided, That
the Administrator of the Federal Emergency Management Agency
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives the following reports,
including a specific description of the methodology and the
source data used in developing such reports:
(1) an estimate of the following amounts shall be
submitted for the budget year at the time that the
President's budget proposal for [fiscal year 2016]
fiscal year 2025 is submitted pursuant to section
1105(a) of title 31, United States Code:
* * * * * * *
(2) an estimate or actual amounts, if available, of
the following for the current fiscal year shall be
submitted not later than the fifth business day of each
month, and shall be published by the Administrator on
the Agency's Web site not later than the fifth day of
each month:
------
CONSOLIDATED APPROPRIATIONS ACT, 2018,
PUBLIC LAW 115-141
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2018
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
Administrative Provisions
Sec. 201. (a) For [fiscal year 2018] fiscal year 2024, the
overtime limitation prescribed in section 5(c)(1) of the Act of
February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $45,000; and
notwithstanding any other provision of law, none of the funds
appropriated by this Act shall be available to compensate any
employee of U.S. Customs and Border Protection for overtime,
from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the
Secretary of Homeland Security, or the designee of the
Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration
emergencies.
------
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO PSEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
-------------------------------------------------------
Committee Amount in Committee Amount in
allocation bill allocation bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with the subcommittee
allocation for 2024: Subcommittee on Homeland Security:
Mandatory........................................... 1,147 1,147 1,147 \1\1,147
Discretionary....................................... 57,076 81,637 80,606 \1\83,400
Defense......................................... 3,612 3,612 NA NA
Non-defense..................................... 53,464 78,025 NA NA
Projection of outlays associated with the
recommendation:
2024................................................ ............ ............ ............ \2\42,594
2025................................................ ............ ............ ............ 14,765
2026................................................ ............ ............ ............ 8,788
2027................................................ ............ ............ ............ 3,832
2028 and future years............................... ............ ............ ............ 8,355
Financial assistance to State and local governments for NA 14,276 NA \2\915
P2024..................................................
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Excludes outlays from prior-year budget authority.
NA: Not applicable.
NOTE.--Consistent with the funding recommended in the bill for disaster relief and for emergency requirements in
accordance with subparagraphs (D) and (A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985,
the Committee anticipates that the Budget Committee will provide, at the appropriate time, a 302(a) allocation
for the Committee on Appropriations reflecting a net upward adjustment of $24,561,000,000 in budget authority
plus the associated outlays.
DISCLOSURE OF CONGRESSIONALLY DIRECTED SPENDING ITEMS
The Constitution vests in the Congress the power of the
purse. The Committee believes strongly that Congress should
make the decisions on how to allocate the people's money. As
defined in Rule XLIV of the Standing Rules of the Senate, the
term ``congressionally directed spending item'' means a
provision or report language included primarily at the request
of a Senator, providing, authorizing, or recommending a
specific amount of discretionary budget authority, credit
authority, or other spending authority for a contract, loan,
loan guarantee, grant, loan authority, or other expenditure
with or to an entity, or targeted to a specific State, locality
or congressional district, other than through a statutory or
administrative, formula-driven, or competitive award process.
For each item, a Member is required to provide a
certification that neither the Member nor the Member's
immediate family has a pecuniary interest in such
congressionally directed spending item. Such certifications are
available to the public on the website of the Senate Committee
on Appropriations (https://www.appropriations.senate.gov/
congressionally-directed-spending-requests). Following is a
list of congressionally directed spending items included in the
Senate recommendation discussed in this explanatory statement,
along with the name of each Senator who submitted a request to
the Committee of jurisdiction for each item so identified.
Neither the Committee recommendation nor this report contains
any limited tax benefits or limited tariff benefits as defined
in rule XLIV.
CONGRESSIONALLY DIRECTED SPENDING ITEMS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Senator(s) Recipient Project Amount Type
----------------------------------------------------------------------------------------------------------------
Baldwin........................... Menominee Indian Menominee Indian 845,000 Predisaster
Tribe of Wisconsin. Tribe of Wisconsin. Mitigation
Baldwin........................... St. Croix County.... St. Croix County 412,000 Emergency Operations
Emergency Operations Center
Center.
Baldwin........................... Wisconsin Emergency Wisconsin Emergency 525,000 Emergency Operations
Management. Management State Center
Emergency Operations
Center (SEOC) Video
Wall Replacement.
Bennet,Hickenlooper............... Hinsdale County..... Hinsdale County 2,000,000 Emergency Operations
Emergency Operations Center
Center.
Bennet,Hickenlooper............... Ouray County........ Corbett Creek Bridge 1,034,000 Predisaster
Installation. Mitigation
Blumenthal,Murphy................. City of Hartford.... City of Hartford for 4,500,000 Predisaster
North Main Street Mitigation
Corridor Drainage
System.
Booker............................ Neptune Township.... Shark River Living 1,145,000 Predisaster
Shoreline--Phase II. Mitigation
Booker,Menendez................... City of Orange Orange Centralized 1,312,000 Emergency Operations
Township. Emergency Services Center
Center Project.
Booker,Menendez................... City of Passaic..... McDonald Brook 380,000 Predisaster
Channel and Benson Mitigation
Avenue Realignment
Flood Control
Project.
Boozman........................... City of Heber Heber Springs 4,700,000 Predisaster
Springs. Stormwater Mitigation
Improvements.
Boozman........................... City of North Little North Little Rock 1,000,000 Predisaster
Rock. East Bethany Road Mitigation
Drainage
Improvements.
Boozman........................... City of North Little North Little Rock 4,700,000 Predisaster
Rock. Magnolia and Olive Mitigation
Street Drainage
Improvements.
Britt............................. City of Daphne...... City of Daphne Main 5,000,000 Predisaster
Street Utility Mitigation
Relocation Project.
Britt............................. HH Health System-- Helen Keller Hospital 2,624,000 Predisaster
Shoals LLC dba Disaster Resistance. Mitigation
Helen Keller
Hospital.
Brown............................. Hamilton County..... Emergency Operations 1,000,000 Emergency Operations
Center project. Center
Cantwell,Murray................... Port of Longview.... Portable Backup 272,000 Predisaster
Generators. Mitigation
Capito............................ City of Hinton...... Bellepoint Park 480,000 Predisaster
Stormwater Drain Mitigation
Replacement.
Capito............................ Saint Albans........ Rams Horn Stormwater 2,873,000 Predisaster
System Improvements. Mitigation
Capito............................ West Virginia State Emergency 660,000 Emergency Operations
Emergency Operations Center Center
Management Division. Communications &
Continuity equipment.
Capito,Manchin.................... Town of Hendricks... Hendricks Stormwater 1,296,000 Predisaster
Improvement Project. Mitigation
Cardin,Van Hollen................. Frederick County.... Frederick County 1,275,000 Predisaster
Microgrid Project. Mitigation
Cardin,Van Hollen................. Town of Cheverly.... Town of Cheverly 1,688,000 Predisaster
Flood Mitigation Mitigation
Project.
Casey............................. Redevelopment Paxton Creek 750,000 Predisaster
Authority of the Dechannelization Mitigation
City of Harrisburg. Project.
Casey,Fetterman................... Borough of Bridgeville 750,000 Predisaster
Bridgeville. Commercial Street Mitigation
Culvert Replacement.
Cassidy........................... Morgan City Harbor Port of Morgan City 2,300,000 Emergency Operations
and Terminal Emergency Operation Center
District. Center Upgrades.
Collins........................... Town of Greenville.. Greenville Stormwater 975,000 Predisaster
Management Mitigation
Improvements.
Collins,King...................... Town of Dover- Town of Dover- 1,455,000 Predisaster
Foxcroft. Foxcroft--Lincoln St Mitigation
Bridge Project.
Cortez Masto,Rosen................ City of Reno........ City of Reno--Swan 2,869,000 Predisaster
Lake Irrigation Mitigation
Pipeline.
Duckworth......................... Board of Trustees of Western Illinois 1,550,000 Emergency Operations
Western Illinois Emergency Operations Center
University. Center (Western EOC).
Durbin............................ Town of Normal...... Storm Water 1,550,000 Predisaster
Improvements. Mitigation
Feinstein......................... County of San Luis Arroyo Grande Creek 1,200,000 Predisaster
Obispo. Levees. Mitigation
Feinstein,Padilla................. City of South Gate.. City of South Gate 1,226,000 Emergency Operations
Emergency Operations Center
Center.
Gillibrand,Schumer................ City of Utica....... Fire Department: 1,200,000 Emergency Operations
Joint Emergency Center
Operation Center/
Fire Station Seven.
Gillibrand,Schumer................ City University of Emergency Operations 1,000,000 Emergency Operations
New York. Center. Center
Gillibrand,Schumer................ Livingston County... Livingston County-- 250,000 Emergency Operations
Emergency Operations Center
Center Resilient
Microgrid.
Gillibrand,Schumer................ New York State New York State 375,000 Predisaster
Thruway Authority. Thruway Authority Mitigation
Clarkstown Flood
Mitigation.
Gillibrand,Schumer................ Town of Smithtown... Expansion and 200,000 Emergency Operations
Modernization of the Center
Town of Smithtown
Emergency Operations
Center.
Gillibrand,Schumer................ Wyoming County Wyoming County 58,000 Emergency Operations
Office of Emergency Emergency Operations Center
Services. Center.
Graham............................ SC Emergency Dillon County 2,000,000 Emergency Operations
Management Division. Emergency Opeations Center
Center.
Graham............................ SC Emergency EOC Construction- 1,000,000 Emergency Operations
Management Division. Cherokee County, SC. Center
Graham............................ SC Emergency South Carolina 7,000,000 Emergency Operations
Management Division. Emergency Management Center
Division.
Heinrich.......................... Bernalillo County... Bernalillo County 750,000 Emergency Operations
Emergency Operations Center
Center.
Heinrich,Lujan.................... Los Alamos County... Jemez Mountain Fire 450,000 Predisaster
Mitigation. Mitigation
Heinrich,Lujan.................... New Mexico Bosque Redondo 150,000 Predisaster
Department of Memorial at Fort Mitigation
Cultural Affairs. Sunmer Historic
Site--Fire
Mitigation.
Heinrich,Lujan.................... New Mexico Fort Stanton Historic 250,000 Predisaster
Department of Site Fire Mitigation. Mitigation
Cultural Affairs.
Heinrich,Lujan.................... Town of Estancia.... Town of Estancia 1,040,000 Predisaster
Flood Mitigation Mitigation
Project.
Hyde-Smith........................ The City of Yazoo... Yazoo City Community 1,027,000 Predisaster
Safehouse. Mitigation
Hyde-Smith........................ University of UMMC Electrical 2,215,000 Predisaster
Mississippi Medical Infrastructure Mitigation
Center. Modernization.
Hyde-Smith,Wicker................. City of Ridgeland... Purple Creek Flood 1,000,000 Predisaster
Mitigation and Mitigation
Restoration.
Hyde-Smith,Wicker................. Greene County Board Greene County 750,000 Emergency Operations
of Supervisors. Emergency Operations Center
911 Annex.
Hyde-Smith,Wicker................. Mississippi Mississippi College/ 5,063,000 Predisaster
Emergency Hinds County Mitigation
Management Agency Saferoom.
(MEMA).
Kaine,Warner...................... City of Hampton, VA. Joint Base Langley- 2,000,000 Predisaster
Eustis (JBLE)-- Mitigation
Langley Access
Protection Project.
Kaine,Warner...................... County of Franklin.. Franklin County 705,000 Predisaster
Emergency Shelter Mitigation
Generator.
Kelly,Sinema...................... Maricopa County Maricopa County: New 1,507,000 Emergency Operations
Department of Emergency Operations Center
Emergency Center Technology
Management. Installation.
Kelly,Sinema...................... Tohono O'odham Tohono O'odham Nation 1,000,000 Emergency Operations
Nation Western Western Police & Center
Police & Fire Fire Substation/
Substation/Regional Regional Emergency
Emergency Operations Center.
Operations Center.
King.............................. York County Fire/EMS York County Fire/EMS 1,063,000 Emergency Operations
Office. Office--Emergency Center
Operations Center
Construction.
Klobuchar,Smith................... City of Chaska...... City of Chaska 1,575,000 Emergency Operations
Emergency Operations Center
Center within a new
joint public safety
facility (police and
fire).
Klobuchar,Smith................... City of New Ulm..... New Ulm 18th South 1,125,000 Predisaster
Street Storm Sewer Mitigation
Lift Station.
Lujan,Heinrich.................... City of Aztec....... City of Aztec--Flood 300,000 Predisaster
Mitigation. Mitigation
Manchin........................... Wetzel County Wetzel County 911 500,000 Emergency Operations
Commission. Storage Facility. Center
Markey,Warren..................... Chelmsford Water Watershed Lane 1,275,000 Predisaster
District. Culvert Replacement Mitigation
Project.
Markey,Warren..................... City of Boston...... Climate Resilience & 1,150,000 Predisaster
Equity in Downtown Mitigation
Boston for a
Resilient
Christopher Columbus
Park & Long Wharf.
Markey,Warren..................... City of Chelsea..... Chelsea Creek 750,000 Predisaster
Resilience Program. Mitigation
Menendez.......................... Gloucester County... Upgrade to Emergency 225,000 Emergency Operations
Operations Centers Center
(EOC)--Clayton and
West Deptford.
Merkley,Wyden..................... Central Oregon CORE3 ECC Project.... 1,000,000 Emergency Operations
Intergovernmental Center
Council.
Merkley,Wyden..................... City of Warrenton... Iredale Tidegate and 1,087,000 Predisaster
Culvert Project-- Mitigation
City of Warrenton.
Moran............................. Johnson County FEMA, 2024 Johnson 1,000,000 Emergency Operations
Division of County Emergency Center
Emergency Operations Center
Management. (EOC) Update.
Mullin............................ Oklahoma City Water Hefner Water 1,000,000 Predisaster
Utilities Trust. Treatment Plant Mitigation
Emergency Power
Generation Project.
Murkowski......................... Haines Borough...... Haines Emergency 1,000,000 Emergency Operations
Operations Center. Center
Murkowski......................... Kenai Peninsula Seward Bear Creek 655,000 Predisaster
Borough. Service Area Flood Mitigation
Mitigation Projects.
Murkowski......................... Matanuska-Susitna Flood Mitigation for 1,250,000 Predisaster
Borough. Acquisition of High Mitigation
Hazard Areas.
Murkowski......................... Municipality of Rockslide Mitigation 5,101,000 Predisaster
Skagway. to Protect Skagway's Mitigation
Critical Port
Economy.
Ossoff............................ Clayton County Board Clayton County 300,000 Emergency Operations
of Commissioners. Emergency Operations Center
Center.
Ossoff............................ Warren County Board Warren County 1,406,000 Emergency Operations
of Commissioners. Emergency Operations Center
Center.
Ossoff,Warnock.................... Richmond County..... Augusta--Emergency 1,500,000 Emergency Operations
Operations Center. Center
Peters............................ Charter Township of Chocolay River Flood 112,000 Predisaster
Chocolay. Mitigation Mitigation
Feasibility Study.
Peters............................ City of Westland.... Westland Emergency 98,000 Emergency Operations
Operations Center. Center
Peters............................ Huron-Clinton Lake St. Clair 1,420,000 Predisaster
Metropolitan Metropark Electrical Mitigation
Authority. Grid.
Peters,Stabenow................... Charter Township of East China Belle 294,000 Predisaster
East China. River Pump Station Mitigation
Flood Mitigation.
Peters,Stabenow................... Michigan State Renovation of 750,000 Emergency Operations
University. Michigan State Center
University's
Emergency Operations
Center.
Reed.............................. City of Pawtucket... The Arc of the 112,000 Predisaster
Blackstone Valley Mitigation
Generator.
Reed.............................. Town of North Town Hall Generator.. 33,000 Predisaster
Providence. Mitigation
Reed.............................. Town of North Town of North 639,000 Predisaster
Providence. Providence for Flood Mitigation
Mitigation.
Sanders........................... Town of Calais...... Renovate Curtis Pond 525,000 Predisaster
Dam. Mitigation
Sanders........................... Town of St. St. Johnsbury Armory 585,000 Emergency Operations
Johnsbury. Redevelopment. Center
Sanders........................... Town of Stowe....... Stowe Area Emergency 245,000 Emergency Operations
Operations Center. Center
Schatz............................ Honolulu Police Honolulu Police- 1,550,000 Emergency Operations
Department. Emergency Center
Preparations.
Shaheen........................... City of Manchester City of Manchester 1,455,000 Emergency Operations
Fire Department. EOC Security and ADA Center
Compliant Access.
Shaheen........................... NH Department of NH SEOC Modernization 247,000 Emergency Operations
Safety. Project. Center
Sinema............................ Coconino County Coconino County 637,000 Emergency Operations
Emergency Emergency Management. Center
Management.
Tuberville........................ City of Demopolis... Demopolis Storm 2,700,000 Predisaster
Shelter. Mitigation
----------------------------------------------------------------------------------------------------------------
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2023 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2024
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation
compared with (+ or -)
Item 2023 Budget estimate Committee -----------------------------------
appropriation recommendation 2023
appropriation Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
TITLE I--DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL
AWARENESS, AND OVERSIGHT
Office of the Secretary and Executive Management
Operations and Support:
Management and Oversight:
Office of the Secretary............................... 34,032 ................ 20,288 -13,744 +20,288
Office of Public Affairs.............................. 9,889 ................ 11,242 +1,353 +11,242
Office of Legislative Affairs......................... 7,296 ................ 7,592 +296 +7,592
Office of General Counsel............................. 28,929 ................ 31,922 +2,993 +31,922
Office of Health Security and Resilience.............. 56,577 ................ 37,899 -18,678 +37,899
Privacy Office........................................ 18,967 ................ 18,626 -341 +18,626
Management and Oversight.................................. ................ 132,096 ................ ................ -132,096
-----------------------------------------------------------------------------------------
Subtotal, Management and Oversight.................... 155,690 132,096 127,569 -28,121 -4,527
Office of Strategy, Policy, and Plans..................... 84,979 76,153 76,153 -8,826 ................
Operations and Engagement:
Operations and Engagement................................. ................ 84,806 ................ ................ -84,806
Office for Civil Rights and Civil Liberties........... 46,636 ................ 39,220 -7,416 +39,220
Office of the Citizenship and Immigration Services 9,738 ................ 11,725 +1,987 +11,725
Ombudsman............................................
Office of the Immigration Detention Ombudsman......... 27,570 ................ 20,607 -6,963 +20,607
Office of Partnership and Engagement.................. 12,133 ................ 11,289 -844 +11,289
-----------------------------------------------------------------------------------------
Subtotal, Operations and Engagement................... 96,077 84,806 82,841 -13,236 -1,965
-----------------------------------------------------------------------------------------
Subtotal, Operations and Support.......................... 336,746 293,055 286,563 -50,183 -6,492
Procurement, Construction, and Improvements:
Medical Information Exchange.............................. 8,048 ................ ................ -8,048 ................
-----------------------------------------------------------------------------------------
Subtotal, Procurement, Construction, and Improvements. 8,048 ................ ................ -8,048 ................
Federal Assistance:
Office of Strategy, Policy, and Plans:
Targeted Violence and Terrorism Prevention Grants..... 20,000 20,000 18,800 -1,200 -1,200
Office of Partnership and Engagement:
ATD Case Management Grant Program..................... 20,000 15,000 14,100 -5,900 -900
-----------------------------------------------------------------------------------------
Subtotal, Federal Assistance...................... 40,000 35,000 32,900 -7,100 -2,100
FEMA Assistance Grants (transfer out)................. (-40,000) (-35,000) (-32,900) (+7,100) (+2,100)
Southwest Border Contingency Fund (emergency)................. ................ (4,700,000) ................ ................ (-4,700,000)
-----------------------------------------------------------------------------------------
Total, Office of the Secretary and Executive Management... 384,794 328,055 319,463 -65,331 -8,592
=========================================================================================
(transfer out)............................................ -40,000 -35,000 -32,900 +7,100 +2,100
-----------------------------------------------------------------------------------------
Total, Office of the Secretary and Executive Management 344,794 293,055 286,563 -58,231 -6,492
(with transfer)..........................................
=========================================================================================
Management Directorate
Operations and Support:
Immediate Office of the Under Secretary for Management.... 6,675 6,896 6,652 -23 -244
Office of the Chief Readiness Support Officer............. 275,791 265,218 263,712 -12,079 -1,506
Office of the Chief Human Capital Officer................. 150,174 156,899 146,084 -4,090 -10,815
Office of the Chief Security Officer...................... 188,700 203,844 197,056 +8,356 -6,788
Office of the Chief Procurement Officer................... 92,940 97,332 97,332 +4,392 ................
Office of the Chief Financial Officer..................... 114,213 119,004 118,856 +4,643 -148
Office of the Chief Information Officer................... 630,850 626,771 616,599 -14,251 -10,172
Office of Program Accountability and Risk Management...... 18,245 19,842 17,054 -1,191 -2,788
Office of Biometric Identity Management:
Identity and Screening Program Operations............. 265,572 237,607 237,607 -27,965 ................
Unallocated by PPA.................................... ................ ................ ................ ................ ................
-----------------------------------------------------------------------------------------
Subtotal, Operations and Support.................. 1,743,160 1,733,413 1,700,952 -42,208 -32,461
(Defense)..................................... (9,000) ................ ................ (-9,000) ................
(Nondefense).................................. (1,734,160) (1,733,413) (1,700,952) (-33,208) (-32,461)
Procurement, Construction, and Improvements:
Construction and Facility Improvements.................... 188,000 526,474 ................ -188,000 -526,474
Mission Support Assets and Infrastructure................. 116,293 173,758 10,000 -106,293 -163,758
Mission Support Assets and Infrastructure (emergency)..... ................ ................ 53,365 +53,365 +53,365
-----------------------------------------------------------------------------------------
Subtotal, Mission Support Assets and Infrastructure... 116,293 173,758 63,365 -52,928 -110,393
Homeland Advanced Recognition Technology.................. 20,952 10,000 ................ -20,952 -10,000
Homeland Advanced Recognition Technology (emergency)...... ................ ................ 10,000 +10,000 +10,000
-----------------------------------------------------------------------------------------
Subtotal, Homeland Advanced Recognition Technology.... 20,952 10,000 10,000 -10,952 ................
-----------------------------------------------------------------------------------------
Subtotal, Procurement, Construction, and Improvements. 325,245 710,232 73,365 -251,880 -636,867
(Emergency)....................................... ................ ................ (63,365) (+63,365) (+63,365)
Federal Protective Service:
FPS Operations:
Operating Expenses.................................... 457,300 466,777 466,777 +9,477 ................
Countermeasures:
Protective Security Officers.......................... 1,615,695 1,696,479 1,696,479 +80,784 ................
Technical Countermeasures............................. 40,484 41,131 41,131 +647 ................
-----------------------------------------------------------------------------------------
Subtotal, Federal Protective Service (Gross)...... 2,113,479 2,204,387 2,204,387 +90,908 ................
Offsetting Collections.................................... -2,113,479 -2,204,387 -2,204,387 -90,908 ................
-----------------------------------------------------------------------------------------
Subtotal, Federal Protective Service (Net)........ ................ ................ ................ ................ ................
-----------------------------------------------------------------------------------------
Total, Management Directorate..................... 2,068,405 2,443,645 1,774,317 -294,088 -669,328
=========================================================================================
(Discretionary Appropriations)................ (4,181,884) (4,648,032) (3,978,704) (-203,180) (-669,328)
(Offsetting Collections)...................... (-2,113,479) (-2,204,387) (-2,204,387) (-90,908) ................
Intelligence, Analysis, and Situational Awareness
Operations and Support........................................ 316,640 349,424 341,497 +24,857 -7,927
Procurement, Construction, and Improvements................... ................ 23,831 ................ ................ -23,831
-----------------------------------------------------------------------------------------
Total, Intelligence, Analysis, and Situational Awareness.. 316,640 373,255 341,497 +24,857 -31,758
=========================================================================================
Office of Inspector General
Operations and Support........................................ 214,879 228,371 237,000 +22,121 +8,629
Administrative Provision
ARPA Disaster Relief Fund (Sec 108) (transfer out)............ (-14,000) ................ ................ (+14,000) ................
Office of Inspector General (Sec 108) (by transfer)........... (14,000) ................ ................ (-14,000) ................
-----------------------------------------------------------------------------------------
Total, Title I, Departmental Management, Intelligence, 2,984,718 3,373,326 2,672,277 -312,441 -701,049
Situational Awareness, and Oversight.....................
=========================================================================================
(Discretionary Appropriations)........................ (5,098,197) (5,577,713) (4,876,664) (-221,533) (-701,049)
(Defense)......................................... (9,000) ................ ................ (-9,000) ................
(Non-Defense)..................................... (5,089,197) (5,577,713) (4,876,664) (-212,533) (-701,049)
(Offsetting Collections).............................. (-2,113,479) (-2,204,387) (-2,204,387) (-90,908) ................
(Transfer out)............................................ (-54,000) (-35,000) (-32,900) (+21,100) (+2,100)
(By transfer)............................................. (14,000) ................ ................ (-14,000) ................
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
US Customs and Border Protection
Operations and Support:
Border Security Operations:
US Border Patrol:
Operations........................................ 5,434,461 4,899,637 5,415,893 -18,568 +516,256
Assets and Support................................ 836,202 714,829 753,950 -82,252 +39,121
Assets and Support (emergency).................... ................ ................ 798,762 +798,762 +798,762
-----------------------------------------------------------------------------------------
Subtotal, Assets and Support.................. 836,202 714,829 1,552,712 +716,510 +837,883
Office of Training and Development.................... 118,918 121,336 113,662 -5,256 -7,674
-----------------------------------------------------------------------------------------
Subtotal, Border Security Operations.......... 6,389,581 5,735,802 7,082,267 +692,686 +1,346,465
Trade and Travel Operations:
Office of Field Operations:
Domestic Operations............................... 3,521,172 3,777,171 3,657,088 +135,916 -120,083
International Operations.......................... 158,333 160,081 160,091 +1,758 +10
Targeting Operations.............................. 283,484 279,913 285,797 +2,313 +5,884
Assets and Support................................ 1,020,043 973,590 993,590 -26,453 +20,000
Office of Trade....................................... 392,790 413,053 414,200 +21,410 +1,147
Office of Training and Development.................... 79,254 78,546 87,306 +8,052 +8,760
-----------------------------------------------------------------------------------------
Subtotal, Trade and Travel Operations......... 5,455,076 5,682,354 5,598,072 +142,996 -84,282
Integrated Operations:
Air and Marine Operations:
Operations........................................ 377,132 395,934 381,314 +4,182 -14,620
Assets and Support................................ 578,117 602,362 602,117 +24,000 -245
Air and Marine Operations Center.................. 51,050 51,385 50,244 -806 -1,141
Office of International Affairs....................... 51,920 52,688 51,126 -794 -1,562
Office of Intelligence................................ 79,959 93,004 83,492 +3,533 -9,512
Office of Training and Development.................... 13,813 13,774 13,459 -354 -315
Operations Support.................................... 416,668 439,982 431,057 +14,389 -8,925
-----------------------------------------------------------------------------------------
Subtotal, Integrated Operations............... 1,568,659 1,649,129 1,612,809 +44,150 -36,320
Mission Support:
Enterprise Services................................... 1,649,960 1,698,893 1,708,766 +58,806 +9,873
(Harbor Maintenance Trust Fund)................... (3,274) (3,274) (3,274) ................ ................
Office of Professional Responsibility................. 277,503 384,656 347,666 +70,163 -36,990
Executive Leadership and Oversight.................... 249,915 234,087 248,496 -1,419 +14,409
-----------------------------------------------------------------------------------------
Subtotal, Mission Support..................... 2,177,378 2,317,636 2,304,928 +127,550 -12,708
-----------------------------------------------------------------------------------------
Subtotal, Operations and Support.................. 15,590,694 15,384,921 16,598,076 +1,007,382 +1,213,155
(Emergency)................................... ................ ................ (798,762) (+798,762) (+798,762)
(Transfer out to FEMA Federal Assistance)..... (-800,000) ................ (-752,000) (+48,000) (-752,000)
Procurement, Construction, and Improvements:
Border Security Assets and Infrastructure................. 230,277 229,568 ................ -230,277 -229,568
Border Security Assets and Infrastructure (emergency)..... ................ ................ 263,300 +263,300 +263,300
-----------------------------------------------------------------------------------------
Subtotal, Border Security Assets and Infrastructure... 230,277 229,568 263,300 +33,023 +33,732
Trade and Travel Assets and Infrastructure................ 126,047 305,400 ................ -126,047 -305,400
Trade and Travel Assets and Infrastructure (emergency).... ................ ................ 644,296 +644,296 +644,296
-----------------------------------------------------------------------------------------
Subtotal, Trade and Travel Assets and Infrastructure.. 126,047 305,400 644,296 +518,249 +338,896
Integrated Operations Assets and Infrastructure Airframes 92,661 78,332 ................ -92,661 -78,332
and Sensors..............................................
Integrated Operations Assets and Infrastructure Airframes ................ ................ 129,700 +129,700 +129,700
and Sensors (emergency)..................................
-----------------------------------------------------------------------------------------
Subtotal, Integrated Operations Assets and 92,661 78,332 129,700 +37,039 +51,368
Infrastructure Airframes and Sensors.................
Watercraft................................................ ................ 4,400 ................ ................ -4,400
Watercraft (emergency).................................... ................ ................ 4,400 +4,400 +4,400
-----------------------------------------------------------------------------------------
Subtotal, Watercraft.................................. ................ 4,400 4,400 +4,400 ................
Construction and Facility Improvements.................... 99,900 83,768 ................ -99,900 -83,768
Construction and Facility Improvements (emergency)........ ................ ................ 69,654 +69,654 +69,654
-----------------------------------------------------------------------------------------
Subtotal, Construction and Facility Improvements...... 92,661 78,332 129,700 +37,039 +51,368
Mission Support Assets and Infrastructure................. 32,673 17,673 ................ -32,673 -17,673
Mission Support Assets and Infrastructure (emergency)..... ................ ................ 41,179 +41,179 +41,179
-----------------------------------------------------------------------------------------
Subtotal, Mission Support Assets and Infrastructure... 32,673 17,673 41,179 +8,506 +23,506
-----------------------------------------------------------------------------------------
Subtotal, Procurement, Construction, and Improvements..... 581,558 719,141 1,152,529 +570,971 +433,388
(Emergency)........................................... ................ ................ (1,152,529) (+1,152,529) (+1,152,529)
CBP Services at User Fee Facilities (Small Airport) (Permanent 12,000 17,000 17,000 +5,000 ................
Indefinite Discretionary)....................................
User Fee Facilities (Small Airport) (legislative proposal).... ................ 10,000 ................ ................ -10,000
Global Entry Program (International Registered Traveler) 174,000 346,000 346,000 +172,000 ................
(Permanent Indefinite Discretionary).........................
Offsetting Collections.................................... -174,000 -346,000 -346,000 -172,000 ................
-----------------------------------------------------------------------------------------
Total, Global Entry Program........................... ................ ................ ................ ................ ................
=========================================================================================
Fee Funded Programs:
Immigration Inspection User Fee........................... (642,788) (823,034) (823,034) (+180,246) ................
Immigration Enforcement Fines............................. (237) (841) (841) (+604) ................
Electronic System for Travel Authorization (ESTA) Fee..... (50,684) (58,005) (58,005) (+7,321) ................
Land Border Inspection Fee................................ (62,537) (81,907) (81,907) (+19,370) ................
COBRA Passenger Inspection Fee............................ (532,102) (723,085) (723,085) (+190,983) ................
Agricultural Quarantine Inspection Fee.................... (417,000) (577,500) (577,500) (+160,500) ................
Puerto Rico Trust Fund.................................... (224,931) (323,174) (323,174) (+98,243) ................
Virgin Islands Deposit Fund............................... (11,649) (11,754) (11,754) (+105) ................
Customs Unclaimed Goods................................... (2,519) (4,120) (4,120) (+1,601) ................
9-11 Response and Biometric Exit Account.................. (46,540) (61,000) (61,000) (+14,460) ................
-----------------------------------------------------------------------------------------
Subtotal, Fee Funded Programs......................... 1,990,987 2,664,420 2,664,420 +673,433 ................
Administrative Provisions
Colombia Free Trade Act Collections (Sec 203)................. 280,000 325,000 325,000 +45,000 ................
Reimbursable Preclearance (Sec 204)........................... 39,000 39,000 39,000 ................ ................
-----------------------------------------------------------------------------------------
Subtotal, Administrative Provisions....................... 319,000 364,000 364,000 +45,000 ................
Reimbursable Preclearance (Offsetting Collections)............ -39,000 -39,000 -39,000 ................ ................
-----------------------------------------------------------------------------------------
Total, Administrative Provisions.......................... 280,000 325,000 325,000 +45,000 ................
=========================================================================================
Total, US Customs and Border Protection................... 16,464,252 16,456,062 18,092,605 +1,628,353 +1,636,543
=========================================================================================
(Discretionary Appropriations)........................ (16,677,252) (16,841,062) (18,477,605) (+1,800,353) (+1,636,543)
(Offsetting Collections).............................. (-213,000) (-385,000) (-385,000) (-172,000) ................
Fee Funded Programs....................................... 1,990,987 2,664,420 2,664,420 +673,433 ................
(Transfer out)............................................ (-800,000) ................ (-752,000) (+48,000) (-752,000)
US Immigration and Customs Enforcement
Operations and Support:
Homeland Security Investigations.......................... ................ ................ ................ ................ ................
Domestic Investigations............................... 2,032,533 2,172,674 2,019,599 -12,934 -153,075
Domestic Investigations (emergency)................... ................ ................ 86,000 +86,000 +86,000
-----------------------------------------------------------------------------------------
Subtotal, Domestic Investigations................. 2,032,533 2,172,674 2,105,599 +73,066 -67,075
International Investigations.......................... 198,748 208,037 201,105 +2,357 -6,932
-----------------------------------------------------------------------------------------
Subtotal, International Investigations............ 198,748 208,037 201,105 +2,357 -6,932
Intelligence.......................................... 104,877 108,152 104,885 +8 -3,267
-----------------------------------------------------------------------------------------
Subtotal, Homeland Security Investigations........ 2,336,158 2,488,863 2,411,589 +75,431 -77,274
Enforcement and Removal Operations:
Custody Operations........................................ 2,880,481 2,409,873 2,778,664 -101,817 +368,791
Custody Operations (emergency)............................ ................ ................ 180,000 +180,000 +180,000
-----------------------------------------------------------------------------------------
Subtotal, Custody Operations.......................... 2,880,481 2,409,873 2,958,664 +78,183 +548,791
Fugitive Operations....................................... 149,189 161,008 151,601 +2,412 -9,407
Criminal Alien Program.................................... 288,798 308,765 290,927 +2,129 -17,838
Alternatives to Detention................................. 442,662 363,401 347,242 -95,420 -16,159
Alternatives to Detention (emergency)..................... ................ ................ 125,000 +125,000 +125,000
-----------------------------------------------------------------------------------------
Subtotal, Alternatives to Detention................... 442,662 363,401 472,242 +29,580 +108,841
Transportation and Removal Operations..................... 420,656 429,769 421,061 +405 -8,708
Transportation and Removal Operations (emergency)......... ................ ................ 250,000 +250,000 +250,000
-----------------------------------------------------------------------------------------
Subtotal, Transportation and Removal Operations....... 420,656 429,769 671,061 +250,405 +241,292
Third Party Medical Care.................................. ................ 168,200 ................ ................ -168,200
-----------------------------------------------------------------------------------------
Subtotal, Enforcement and Removal Operations.......... 4,181,786 3,841,016 4,544,495 +362,709 +703,479
Mission Support:
Enterprise Services....................................... 1,188,325 1,214,712 1,178,668 -9,657 -36,044
Enterprise Services (emergency)........................... ................ ................ 35,000 +35,000 +35,000
-----------------------------------------------------------------------------------------
Subtotal, Enterprise Services......................... 1,188,325 1,214,712 1,213,668 +25,343 -1,044
Office of Professional Responsibility..................... 196,479 198,864 193,979 -2,500 -4,885
Executive Leadership and Oversight........................ 91,243 98,230 81,069 -10,174 -17,161
Office of the Principal Legal Advisor..................... 402,314 439,334 381,463 -20,851 -57,871
Office of the Principal Legal Advisor (emergency)......... ................ ................ 10,000 +10,000 +10,000
-----------------------------------------------------------------------------------------
Subtotal, Office of the Principal Legal Advisor....... 402,314 439,334 391,463 -10,851 -47,871
-----------------------------------------------------------------------------------------
Subtotal, Operations and Support...................... 8,396,305 8,281,019 8,836,263 +439,958 +555,244
(Emergency)....................................... ................ ................ (686,000) (+686,000) (+686,000)
Procurement, Construction, and Improvements:
Operational Communications/Information Technology......... 12,434 35,420 ................ -12,434 -35,420
Operational Communications/Information Technology ................ ................ 35,000 +35,000 +35,000
(emergency)..............................................
-----------------------------------------------------------------------------------------
Subtotal, Operational Communications/Information 12,434 35,420 35,000 +22,566 -420
Technology...........................................
=========================================================================================
Construction and Facility Improvements.................... ................ 15,100 15,100 +15,100 ................
Mission Support Assets and Infrastructure................. 10,563 ................ ................ -10,563 ................
-----------------------------------------------------------------------------------------
Subtotal, Procurement, Construction, and Improvements. 22,997 50,520 50,100 +27,103 -420
(Emergency)........................................... ................ ................ (35,000) (+35,000) (+35,000)
Fee Funded Programs:
Immigration Inspection User Fee....................... (135,000) (135,000) (135,000) ................ ................
Breached Bond/Detention Fund.......................... (55,000) (55,000) (55,000) ................ ................
Student and Exchange Visitor Program Fee.............. (186,610) (186,610) (186,610) ................ ................
Detention and Removal Office Fee...................... (3,000) (3,000) (3,000) ................ ................
-----------------------------------------------------------------------------------------
Subtotal, Fee Funded Programs......................... 379,610 379,610 379,610 ................ ................
-----------------------------------------------------------------------------------------
Total, US Immigration and Customs Enforcement......... 8,419,302 8,331,539 8,886,363 +467,061 +554,824
=========================================================================================
Fee Funded Programs................................... 379,610 379,610 379,610 ................ ................
Transportation Security Administration
Operations and Support:
Aviation Screening Operations:
Screening Workforce:
Screening Partnership Program..................... 245,893 253,782 253,744 +7,851 -38
Screener Personnel, Compensation, and Benefits.... 4,207,599 5,342,699 5,111,550 +903,951 -231,149
Screener Training and Other....................... 252,098 284,377 271,436 +19,338 -12,941
Airport Management.................................... 810,375 885,292 860,312 +49,937 -24,980
Canines............................................... 170,696 163,003 174,494 +3,798 +11,491
Screening Technology Maintenance...................... 538,405 562,441 561,208 +22,803 -1,233
Secure Flight......................................... 133,360 138,939 136,902 +3,542 -2,037
-----------------------------------------------------------------------------------------
Subtotal, Aviation Screening Operations........... 6,358,426 7,630,533 7,369,646 +1,011,220 -260,887
Other Operations and Enforcement:
Inflight Security:
Federal Air Marshals.............................. 735,408 879,402 857,828 +122,420 -21,574
Federal Flight Deck Officer and Crew Training..... 20,751 26,797 26,553 +5,802 -244
Aviation Regulation................................... 259,862 247,735 236,973 -22,889 -10,762
Air Cargo............................................. 120,423 137,947 146,801 +26,378 +8,854
Intelligence and TSOC................................. 87,806 100,290 96,255 +8,449 -4,035
Surface programs...................................... 154,734 178,544 173,590 +18,856 -4,954
Vetting Programs...................................... 42,219 50,034 49,019 +6,800 -1,015
-----------------------------------------------------------------------------------------
Subtotal, Other Operations and Enforcement........ 1,421,203 1,620,749 1,587,019 +165,816 -33,730
Mission Support....................................... 1,018,734 1,080,470 1,064,064 +45,330 -16,406
Aviation Passenger Security Fees (offsetting -2,490,000 -2,620,000 -2,620,000 -130,000 ................
collections).........................................
legislative proposal (offsetting collections)..... ................ -1,560,000 ................ ................ +1,560,000
-----------------------------------------------------------------------------------------
Subtotal, Operations and Support.................. 6,308,363 6,151,752 7,400,729 +1,092,366 +1,248,977
(Discretionary Appropriations)................ (8,798,363) (10,331,752) (10,020,729) (+1,222,366) (-311,023)
(Offsetting Collections)...................... (-2,490,000) (-4,180,000) (-2,620,000) (-130,000) (+1,560,000)
Vetting Fee Programs:
Transportation Worker Indentification Card................ 63,100 59,400 59,400 -3,700 ................
Hazardous Materials Endorsement Fee....................... 19,200 21,100 21,100 +1,900 ................
General Aviation at DCA Fee............................... 600 600 600 ................ ................
Commercial Aviation and Airports Fee...................... 10,000 10,000 10,000 ................ ................
Other Security Threat Assessments Fee..................... 50 50 50 ................ ................
Air Cargo/Certified Cargo Screening Program Fee........... 5,000 5,000 5,000 ................ ................
TSA PreCheck Fee.......................................... 213,800 360,000 360,000 +146,200 ................
Adjustment based on CBO estimate of receipts.............. 38,250 -106,150 -106,150 -144,400 ................
-----------------------------------------------------------------------------------------
Subtotal, Vetting Fee Programs........................ 350,000 350,000 350,000 ................ ................
Vetting Fees (offsetting collections)................. -350,000 -350,000 -350,000 ................ ................
Procurement, Construction, and Improvements:
Aviation Screening Infrastructure:
Checkpoint Support.................................... 127,705 81,357 ................ -127,705 -81,357
Checked Baggage....................................... 13,940 ................ 13,939 -1 +13,939
-----------------------------------------------------------------------------------------
Subtotal, Procurement, Construction, and 141,645 81,357 13,939 -127,706 -67,418
Improvements.....................................
Research and Development...................................... 33,532 29,282 ................ -33,532 -29,282
Fee Funded Program:
Alien Flight School Fee................................... (6,000) (6,000) (6,000) ................ ................
Aviation Security Capital Fund (Mandatory)................ (250,000) (250,000) (250,000) ................ ................
-----------------------------------------------------------------------------------------
Subtotal, Fee Funded Program.......................... 256,000 256,000 256,000 ................ ................
-----------------------------------------------------------------------------------------
Total, Transportation Security Administration............. 6,483,540 6,262,391 7,414,668 +931,128 +1,152,277
=========================================================================================
(Discretionary Appropriations)........................ (9,323,540) (10,792,391) (10,384,668) (+1,061,128) (-407,723)
(Offsetting Collections).............................. (-2,840,000) (-4,530,000) (-2,970,000) (-130,000) (+1,560,000)
Fee Funded Programs....................................... 256,000 256,000 256,000 ................ ................
Coast Guard
Operations and Support:
Military Personnel........................................ 5,054,656 5,362,068 5,322,613 +267,957 -39,455
Mission Support........................................... 426,418 432,873 405,255 -21,163 -27,618
Field Operations:
Surface, Air, and Shore Operations.................... 3,057,071 3,155,032 3,122,964 +65,893 -32,068
Command, Control, and Communications.................. 1,162,333 1,273,515 1,212,371 +50,038 -61,144
Unallocated by PPA:
Unallocated by PPA........................................ ................ 500 ................ ................ -500
-----------------------------------------------------------------------------------------
Subtotal, Operations and Support...................... 9,700,478 10,223,988 10,063,203 +362,725 -160,785
(Non-Defense)..................................... (9,170,478) (9,693,988) (9,533,203) (+362,725) (-160,785)
(Defense)......................................... (530,000) (530,000) (530,000) ................ ................
Procurement, Construction, and Improvements:
Vessels:
In-Service Vessel Sustainment......................... 93,300 120,000 ................ -93,300 -120,000
In-Service Vessel Sustainment (emergency)............. ................ ................ 120,000 +120,000 +120,000
-----------------------------------------------------------------------------------------
Subtotal, In-Service Vessel Sustainment........... 93,300 120,000 120,000 +26,700 ................
=========================================================================================
National Security Cutter.............................. 60,000 17,100 ................ -60,000 -17,100
Offshore Patrol Cutter................................ 543,000 579,000 ................ -543,000 -579,000
Offshore Patrol Cutter (emergency).................... ................ ................ 579,000 +579,000 +579,000
-----------------------------------------------------------------------------------------
Subtotal, Offshore Patrol Cutter.................. 543,000 579,000 579,000 +36,000 ................
Fast Response Cutter.................................. 62,000 20,000 ................ -62,000 -20,000
Cutter Boats.......................................... 20,000 6,500 ................ -20,000 -6,500
Cutter Boats (emergency).............................. ................ ................ 16,500 +16,500 +16,500
-----------------------------------------------------------------------------------------
Subtotal, Cutter Boats............................ 20,000 6,500 16,500 -3,500 +10,000
Polar Security Cutter................................. 47,200 170,000 ................ -47,200 -170,000
Commercially Available Polar Icebreaker............... ................ 125,000 ................ ................ -125,000
Commercially Available Polar Icebreaker (emergency)... ................ ................ 125,000 +125,000 +125,000
-----------------------------------------------------------------------------------------
Subtotal, Commercially Available Polar Icebreaker. ................ 125,000 125,000 +125,000 ................
Great Lakes Icebreaker................................ ................ 55,000 ................ ................ -55,000
Great Lakes Icebreaker (emergency).................... ................ ................ 55,000 +55,000 +55,000
-----------------------------------------------------------------------------------------
Subtotal, Great Lakes Icebreaker.................. ................ 55,000 55,000 +55,000 ................
Waterways Commerce Cutter............................. 77,000 98,000 ................ -77,000 -98,000
Polar Sustainment..................................... 15,000 ................ ................ -15,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Vessels................................. 917,500 1,190,600 895,500 -22,000 -295,100
Aircraft:
HC-27J Conversion/Sustainment......................... 50,000 74,300 ................ -50,000 -74,300
HC-130J Acquisition/Conversion/Sustainment............ ................ 4,000 ................ ................ -4,000
MH-65 Conversion/Sustainment Projects................. 17,000 6,000 ................ -17,000 -6,000
MH-65 Conversion/Sustainment Projects (emergency)..... ................ ................ 6,000 +6,000 +6,000
-----------------------------------------------------------------------------------------
Subtotal, MH-65 Conversion/Sustainment Projects... 17,000 6,000 6,000 -11,000 ................
=========================================================================================
MH-60T Sustainment.................................... 166,500 30,000 ................ -166,500 -30,000
MH-60T Sustainment (emergency)........................ ................ ................ 86,500 +86,500 +86,500
-----------------------------------------------------------------------------------------
Subtotal, MH-60T Sustainment...................... 166,500 30,000 86,500 -80,000 +56,500
=========================================================================================
Small Unmanned Aircraft Systems....................... 4,500 500 ................ -4,500 -500
Small Unmanned Aircraft Systems (emergency)........... ................ ................ 322 +322 +322
-----------------------------------------------------------------------------------------
Subtotal, Small Unmanned Aircraft Systems......... 4,500 500 322 -4,178 -178
-----------------------------------------------------------------------------------------
Subtotal, Aircraft................................ 238,000 114,800 92,822 -145,178 -21,978
Other Acquisition Programs:
Survey and Design--Vessels, Boats, and Aircraft....... 4,500 5,000 ................ -4,500 -5,000
Other Equipment and Systems........................... 11,300 5,600 ................ -11,300 -5,600
Program Oversight and Management...................... 20,000 21,000 ................ -20,000 -21,000
C4ISR................................................. 14,010 16,000 ................ -14,010 -16,000
CG-Logistics Information Management System (CG-LIMS).. 15,000 27,700 ................ -15,000 -27,700
Cyber and Enterprise Mission Platform................. 34,500 25,300 ................ -34,500 -25,300
-----------------------------------------------------------------------------------------
Subtotal, Other Acquisition Programs.............. 99,310 100,600 ................ -99,310 -100,600
Shore Facilities and Aids to Navigation:
Major Construction; Housing; ATON; and Survey and 218,000 50,000 ................ -218,000 -50,000
Design...............................................
Major Acquisition Systems Infrastructure.............. 191,840 89,000 25,000 -166,840 -64,000
Major Acquisition Systems Infrastructure (emergency).. ................ ................ 130,000 +130,000 +130,000
-----------------------------------------------------------------------------------------
Subtotal, Major Acquisition Systems Infrastructure 191,840 89,000 155,000 -36,840 +66,000
Minor Shore........................................... 5,000 5,000 ................ -5,000 -5,000
-----------------------------------------------------------------------------------------
Subtotal, Shore Facilities and Aids to Navigation. 414,840 144,000 155,000 -259,840 +11,000
-----------------------------------------------------------------------------------------
Subtotal, Procurement, Construction, and 1,669,650 1,550,000 1,143,322 -526,328 -406,678
Improvements.....................................
(Emergency)................................... ................ ................ (1,118,322) (+1,118,322) (+1,118,322)
Research and Development...................................... 7,476 7,476 ................ -7,476 -7,476
Health Care Fund Contribution (Permanent Indefinite 252,887 277,000 277,000 +24,113 ................
Discretionary)...............................................
Mandatory Funding:
Retired Pay............................................... 2,044,414 1,147,244 1,147,244 -897,170 ................
Administrative Provisions
Coast Guard Housing Fund (Sec 231)............................ 4,000 4,000 4,000 ................ ................
Coast Guard Housing Fund Offsetting Collections............... -4,000 -4,000 -4,000 ................ ................
-----------------------------------------------------------------------------------------
Total, Coast Guard........................................ 13,674,905 13,205,708 12,630,769 -1,044,136 -574,939
=========================================================================================
(Discretionary Appropriations)........................ (11,634,491) (12,062,464) (11,487,525) (-146,966) (-574,939)
(Defense)......................................... (530,000) (530,000) (530,000) ................ ................
(Non-Defense)..................................... (11,104,491) (11,532,464) (10,957,525) (-146,966) (-574,939)
(Offsetting Collections).............................. (-4,000) (-4,000) (-4,000) ................ ................
(Mandatory Funding)................................... (2,044,414) (1,147,244) (1,147,244) (-897,170) ................
United States Secret Service
Operations and Support:
Protective Operations:
Protection of Persons and Faciities................... 907,707 1,008,049 979,570 +71,863 -28,479
Protective Countermeasures............................ 82,506 77,729 77,474 -5,032 -255
Protective Intelligence............................... 94,565 81,531 78,140 -16,425 -3,391
Presidential Campaigns and National Special Security 73,294 209,741 11,956 -61,338 -197,785
Events...............................................
Presidential Campaigns and National Special Security ................ ................ 197,785 +197,785 +197,785
Events (emergency)...................................
-----------------------------------------------------------------------------------------
Subtotal, Presidential Campaigns and National 73,294 209,741 209,741 +136,447 ................
Special Security Events..........................
-----------------------------------------------------------------------------------------
Subtotal, Protective Operations................... 1,158,072 1,377,050 1,344,925 +186,853 -32,125
Field Operations:
Domestic and International Field Operations........... 752,729 801,941 775,696 +22,967 -26,245
Support for Missing and Exploited Children 6,000 6,000 6,000 ................ ................
Investigations.......................................
Support for Computer Forensics Training............... 68,526 21,976 47,746 -20,780 +25,770
-----------------------------------------------------------------------------------------
Subtotal, Field Operations........................ 827,255 829,917 829,442 +2,187 -475
Basic and In-Service Training and Professional Development 138,909 123,750 123,750 -15,159 ................
Mission Support........................................... 610,031 613,746 604,913 -5,118 -8,833
-----------------------------------------------------------------------------------------
Subtotal, Operations and Support...................... 2,734,267 2,944,463 2,903,030 +168,763 -41,433
(Emergency)....................................... ................ ................ (197,785) (+197,785) (+197,785)
Procurement, Construction, and Improvements:
Protection Assets and Infrastructure...................... 52,830 51,198 41,198 -11,632 -10,000
Operational Communications/Information Technology......... 3,158 ................ ................ -3,158 ................
Construction and Facility Improvements.................... 27,900 9,900 9,900 -18,000 ................
Construction and Facility Improvements (emergency)........ ................ ................ 18,000 +18,000 +18,000
-----------------------------------------------------------------------------------------
Subtotal, Construction and Facility Improvements...... 27,900 9,900 27,900 ................ +18,000
-----------------------------------------------------------------------------------------
Subtotal, Procurement, Construction, and Improvements. 83,888 61,098 69,098 -14,790 +8,000
(Emergency)....................................... ................ ................ (18,000) (+18,000) (+18,000)
Research and Development.................................. 4,025 4,217 ................ -4,025 -4,217
Research and Development (emergency)...................... ................ ................ 4,217 +4,217 +4,217
-----------------------------------------------------------------------------------------
Subtotal, Research and Development.................... 4,025 4,217 4,217 +192 ................
-----------------------------------------------------------------------------------------
Total, United States Secret Service....................... 2,822,180 3,009,778 2,976,345 +154,165 -33,433
=========================================================================================
Total, Title II, Security, Enforcement, and Investigations 47,864,179 47,265,478 50,000,750 +2,136,571 +2,735,272
=========================================================================================
(Discretionary Appropriations).................... (48,876,765) (51,037,234) (52,212,506) (+3,335,741) (+1,175,272)
(Non-Defense)................................. (48,346,765) (50,507,234) (51,682,506) (+3,335,741) (+1,175,272)
(Defense)..................................... (530,000) (530,000) (530,000) ................ ................
(Offsetting Collections).......................... (-3,057,000) (-4,919,000) (-3,359,000) (-302,000) (+1,560,000)
(Mandatory Funding)............................... (2,044,414) (1,147,244) (1,147,244) (-897,170) ................
Aviation Security Capital Fund (Mandatory)................ 250,000 250,000 250,000 ................ ................
Fee Funded Programs....................................... 2,626,597 3,300,030 3,300,030 +673,433 ................
(Transfer out)............................................ (-800,000) ................ (-752,000) (+48,000) (-752,000)
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
Operations and Support:
Cybersecurity:
Cyber Operations:
Strategy and Performance.......................... 17,027 22,468 20,488 +3,461 -1,980
Threat Hunting.................................... 268,234 262,509 279,308 +11,074 +16,799
Vulnerability Management.......................... 218,133 204,890 221,435 +3,302 +16,545
Capacity Building................................. 241,671 234,916 244,470 +2,799 +9,554
Operational Planning and Coordination............. 137,786 124,702 140,794 +3,008 +16,092
-----------------------------------------------------------------------------------------
Subtotal, Cyber Operations.................... 882,851 849,485 906,495 +23,644 +57,010
Technology and Services:
Cybersecurity Services............................ 7,040 6,467 7,040 ................ +573
Continuous Diagnostics and Mitigation............. 93,045 82,694 93,205 +160 +10,511
National Cybersecurity Protection System.......... 320,009 295,185 332,641 +12,632 +37,456
-----------------------------------------------------------------------------------------
Subtotal, Technology and Services............. 420,094 384,346 432,886 +12,792 +48,540
-----------------------------------------------------------------------------------------
Subtotal, Cybersecurity........................... 1,302,945 1,233,831 1,339,381 +36,436 +105,550
Infrastructure Security:
Infrastructure Assessments and Security:
Strategy and Performance.......................... 15,819 15,833 15,892 +73 +59
Security Programs................................. 35,965 24,112 36,077 +112 +11,965
CISA Exercises.................................... 26,918 27,039 28,667 +1,749 +1,628
Assessments and Infrastructure Information........ 38,914 38,769 39,117 +203 +348
Bombing Prevention................................ 35,237 22,589 35,300 +63 +12,711
-----------------------------------------------------------------------------------------
Subtotal, Infrastructure Assessments and 152,853 128,342 155,053 +2,200 +26,711
Security.....................................
Chemical Security..................................... 41,209 41,249 41,433 +224 +184
-----------------------------------------------------------------------------------------
Subtotal, Infrastructure Security................. 194,062 169,591 196,486 +2,424 +26,895
Emergency Communications:
Emergency Communications Preparedness................. 60,730 43,221 49,433 -11,297 +6,212
Priority Telecommunications Service:
GETS/WPS/SRAS/TSP................................. 62,887 50,526 62,923 +36 +12,397
Next Generation Networks Priority Services........ 13,203 4,276 13,230 +27 +8,954
-----------------------------------------------------------------------------------------
Subtotal, Priority Telecommunications Services 76,090 54,802 76,153 +63 +21,351
-----------------------------------------------------------------------------------------
Subtotal, Emergency Communications................ 136,820 98,023 125,586 -11,234 +27,563
Integrated Operations:
Regional Operations:
Coordination and Service Delivery................. 23,727 29,102 23,870 +143 -5,232
Security Advisors................................. 81,578 82,282 83,144 +1,566 +862
Chemical Inspectors............................... 32,819 25,975 33,116 +297 +7,141
-----------------------------------------------------------------------------------------
Subtotal, Regional Operations................. 138,124 137,359 140,130 +2,006 +2,771
Operations Coordination and Planning:
Intelligence...................................... 4,940 5,147 4,993 +53 -154
Operations Center................................. 71,410 91,781 98,763 +27,353 +6,982
Planning and Readiness............................ 7,560 6,736 7,592 +32 +856
Business Continuity and Emergency Preparedness.... 3,629 3,504 3,656 +27 +152
-----------------------------------------------------------------------------------------
Subtotal, Operations Coordination and Planning 87,539 107,168 115,004 +27,465 +7,836
-----------------------------------------------------------------------------------------
Subtotal, Integrated Operations................... 225,663 244,527 255,134 +29,471 +10,607
Risk Management Operations:
National Infrastructure Simulation Analysis Center.... 36,293 24,424 24,424 -11,869 ................
Infrastructure Analysis............................... 119,856 117,359 120,611 +755 +3,252
-----------------------------------------------------------------------------------------
Subtotal, Risk Management Operations.............. 156,149 141,783 145,035 -11,114 +3,252
Stakeholder Engagement and Requirements:
Sector Risk Management Agency......................... 30,099 29,547 31,541 +1,442 +1,994
Council Management.................................... 14,478 17,034 15,731 +1,253 -1,303
Stakeholder Engagement................................ 32,508 28,283 29,823 -2,685 +1,540
International Affairs................................. 8,808 10,650 9,301 +493 -1,349
(Defense)......................................... (5,813) (7,029) (6,139) (+326) (-890)
-----------------------------------------------------------------------------------------
Subtotal, Stakeholder Engagement and 85,893 85,514 86,396 +503 +882
Requirements.................................
Mission Support:
Mission Support....................................... ................ 493,090 253,734 +253,734 -239,356
(Defense)......................................... ................ (233,725) (120,270) (+120,270) (-113,455)
Management and Business Activities.................... 160,002 ................ ................ -160,002 ................
(Defense)......................................... (69,921) ................ ................ (-69,921) ................
External Affairs...................................... 16,860 ................ ................ -16,860 ................
(Defense)......................................... (7,368) ................ ................ (-7,368) ................
Privacy............................................... 3,612 ................ ................ -3,612 ................
(Defense)......................................... (1,578) ................ ................ (-1,578) ................
Strategy, Policy, and Plans........................... 10,083 ................ ................ -10,083 ................
(Defense)......................................... (6,655) ................ ................ (-6,655) ................
Chief Technology Officer.............................. 14,350 ................ ................ -14,350 ................
(Defense)......................................... (6,271) ................ ................ (-6,271) ................
National Services Support Facility Management......... 44,120 ................ ................ -44,120 ................
(Defense)......................................... (19,280) ................ ................ (-19,280) ................
-----------------------------------------------------------------------------------------
Subtotal, Mission Support..................... 249,027 493,090 253,734 +4,707 -239,356
-----------------------------------------------------------------------------------------
Subtotal, Operations and Support.................. 2,350,559 2,466,359 2,401,752 +51,193 -64,607
Procurement, Construction, and Improvements:
Cybersecurity............................................. ................ ................ ................ ................ ................
Continuous Diagnostics and Mitigation................. 331,896 325,579 325,579 -6,317 ................
Threat Hunting........................................ 31,000 28,000 28,000 -3,000 ................
National Cybersecurity Protection System.............. 91,193 30,000 30,000 -61,193 ................
Cyber Analytics and Data System....................... ................ 166,993 166,993 +166,993 ................
-----------------------------------------------------------------------------------------
Subtotal, Cybersecurity........................... 454,089 550,572 550,572 +96,483 ................
Emergency Communications:
Next Generation Networks Priority Services............ 61,158 28,623 47,961 -13,197 +19,338
Infrastructure Security:
CISA Gateway.......................................... 6,801 6,801 6,801 ................ ................
Construction and Facilities Improvements.................. ................ ................ ................ ................ ................
St Elizabeths......................................... 27,100 ................ ................ -27,100 ................
-----------------------------------------------------------------------------------------
Subtotal, Procurement, Construction, and 549,148 585,996 605,334 +56,186 +19,338
Improvements.....................................
Research and Development:
Infrastructure Security................................... 1,216 1,216 ................ -1,216 -1,216
Risk Management........................................... 6,215 2,715 ................ -6,215 -2,715
-----------------------------------------------------------------------------------------
Subtotal, Research and Development.................... 7,431 3,931 ................ -7,431 -3,931
-----------------------------------------------------------------------------------------
Total, Cybersecurity and Infrastructure Security 2,907,138 3,056,286 3,007,086 +99,948 -49,200
Agency...............................................
=========================================================================================
(Defense)......................................... (2,735,460) (2,789,796) (2,866,804) (+131,344) (+77,008)
(Non-Defense)..................................... (171,678) (266,490) (140,282) (-31,396) (-126,208)
Federal Emergency Management Agency
Operations and Support:
Regional Operations....................................... 196,759 215,985 205,925 +9,166 -10,060
Mitigation................................................ 71,353 74,913 74,287 +2,934 -626
Preparedness and Protection............................... 240,815 294,251 262,150 +21,335 -32,101
Response and Recovery:
Response.............................................. 222,496 234,861 229,145 +6,649 -5,716
(Urban Search and Rescue)......................... (37,832) (37,832) (37,832) ................ ................
Recovery.............................................. 62,061 57,427 63,121 +1,060 +5,694
Mission Support........................................... 586,196 641,984 599,678 +13,482 -42,306
Unallocated reduction..................................... ................ ................ ................ ................ ................
-----------------------------------------------------------------------------------------
Subtotal, Operations and Support.................. 1,379,680 1,519,421 1,434,306 +54,626 -85,115
(Defense)..................................... (94,445) (94,669) (97,656) (+3,211) (+2,987)
(Non-defense)................................. (1,285,235) (1,424,752) (1,336,650) (+51,415) (-88,102)
Procurement, Construction, and Improvements:
Operational Communications/Information Technology......... 15,902 21,900 11,900 -4,002 -10,000
Operational Communications/Information Technology ................ ................ 10,000 +10,000 +10,000
(emergency)..............................................
-----------------------------------------------------------------------------------------
Subtotal, Operational Communications/Information 15,902 21,900 21,900 +5,998 ................
Technology...........................................
=========================================================================================
Construction and Facility Improvements.................... 77,305 37,500 55,500 -21,805 +18,000
Mission Support Assets and Infrastructure................. 114,523 59,737 ................ -114,523 -59,737
Mission Support Assets and Infrastructure (emergency)..... ................ ................ 23,020 +23,020 +23,020
-----------------------------------------------------------------------------------------
Subtotal, Mission Support Assets and Infrastructure... 114,523 59,737 23,020 -91,503 -36,717
-----------------------------------------------------------------------------------------
Subtotal, Procurement, Construction, and Improvements..... 207,730 119,137 100,420 -107,310 -18,717
(Emergency)........................................... ................ ................ (33,020) (+33,020) (+33,020)
(Defense)............................................. (76,313) (46,900) (64,900) (-11,413) (+18,000)
(Non-defense)......................................... (131,417) (72,237) (35,520) (-95,897) (-36,717)
Federal Assistance:
Grants:
State Homeland Security Grant Program................. 520,000 601,186 488,800 -31,200 -112,386
(Base Program).................................... (415,000) (331,186) (390,100) (-24,900) (+58,914)
(Operation Stonegarden)........................... (90,000) (90,000) (84,600) (-5,400) (-5,400)
(Tribal Security)................................. (15,000) ................ (14,100) (-900) (+14,100)
(Nonprofit Security).............................. ................ (180,000) ................ ................ (-180,000)
Urban Area Security Initiative........................ 615,000 711,184 578,100 -36,900 -133,084
(Base Program).................................... ................ (531,184) (578,100) (+578,100) (+46,916)
(Nonprofit Security).............................. ................ (180,000) ................ ................ (-180,000)
Nonprofit Security Grant Program...................... 305,000 ................ 286,700 -18,300 +286,700
Public Transportation Security Assistance............. 105,000 100,000 98,700 -6,300 -1,300
(Amtrak Security)................................. (10,000) (10,000) (9,400) (-600) (-600)
(Over-the-Road Bus Security)...................... (2,000) (2,000) (1,880) (-120) (-120)
Port Security Grants.................................. 100,000 100,000 94,000 -6,000 -6,000
Assistance to Firefighter Grants...................... 360,000 370,000 338,400 -21,600 -31,600
Staffing for Adequate Fire and Emergency Response 360,000 370,000 338,400 -21,600 -31,600
(SAFER) Grants.......................................
Emergency Management Performance Grants............... 355,000 355,000 333,700 -21,300 -21,300
Flood Hazard Mapping and Risk Analysis Program 312,750 350,000 293,985 -18,765 -56,015
(RiskMAP)............................................
Regional Catastrophic Preparedness Grants............. 12,000 12,000 11,280 -720 -720
High Hazard Potential Dams............................ ................ ................ ................ ................ ................
Emergency Food and Shelter............................ 130,000 130,000 122,200 -7,800 -7,800
Tribal Homeland Security Grant Program................ ................ 15,000 ................ ................ -15,000
Shelter and Services Program.......................... ................ 83,500 ................ ................ -83,500
Critical Infrastructure Cybersecurity Grant Program... ................ 50,000 ................ ................ -50,000
Next Generation Warning System........................ 56,000 ................ 52,640 -3,360 +52,640
Community Project Funding............................. 335,145 ................ 120,000 -215,145 +120,000
-----------------------------------------------------------------------------------------
Subtotal, Grants.................................. 3,565,895 3,247,870 3,156,905 -408,990 -90,965
Targeted Violence and Terrorism Prevention Grants (by (20,000) (20,000) (18,800) (-1,200) (-1,200)
transfer)............................................
Alternatives to Detention Case Management Grants (by (20,000) (15,000) (14,100) (-5,900) (-900)
transfer)............................................
Shelter and Services Program (by transfer)............ (800,000) ................ (752,000) (-48,000) (+752,000)
-----------------------------------------------------------------------------------------
Subtotal, Grants (with transfers)................. 4,405,895 3,282,870 3,941,805 -464,090 +658,935
Education, Training, and Exercises:
Center for Domestic Preparedness...................... 71,031 71,592 71,069 +38 -523
Center for Homeland Defense and Security.............. 18,000 18,000 16,920 -1,080 -1,080
Emergency Management Institute........................ 30,777 32,515 31,917 +1,140 -598
US Fire Administration................................ 58,287 60,331 59,556 +1,269 -775
National Domestic Preparedness Consortium............. 101,000 101,000 94,940 -6,060 -6,060
Continuing Training Grants............................ 16,000 12,000 15,040 -960 +3,040
National Exercise Program............................. 21,024 21,049 20,768 -256 -281
-----------------------------------------------------------------------------------------
Subtotal, Education, Training, and Exercises...... 316,119 316,487 310,210 -5,909 -6,277
-----------------------------------------------------------------------------------------
Subtotal, Federal Assistance...................... 3,882,014 3,564,357 3,467,115 -414,899 -97,242
(Defense)......................................... (56,000) ................ (52,640) (-3,360) (+52,640)
(Non-defense)..................................... 3,826,014 3,564,357 3,414,475 -411,539 -149,882
(by transfer)..................................... (840,000) (35,000) (784,900) (-55,100) (+749,900)
-----------------------------------------------------------------------------------------
Subtotal, Federal Assistance (with transfer)...... 4,722,014 3,599,357 4,252,015 -469,999 +652,658
Disaster Relief Fund:
Base Disaster Relief...................................... ................ 145,341 ................ ................ -145,341
Disaster Relief Category.................................. 19,945,000 20,261,000 20,261,000 +316,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Disaster Relief Fund........................ 19,945,000 20,406,341 20,261,000 +316,000 -145,341
National Flood Insurance Fund:
Floodplain Management and Mapping......................... 206,500 221,066 221,066 +14,566 ................
Mission Support........................................... 18,500 18,917 18,917 +417 ................
-----------------------------------------------------------------------------------------
Subtotal, National Flood Insurance Fund............... 225,000 239,983 239,983 +14,983 ................
Offsetting Fee Collections................................ -225,000 -239,983 -239,983 -14,983 ................
Administrative Provision
Radiological Emergency Preparedness Program:
Operating Expenses........................................ 33,630 34,000 34,000 +370 ................
Offsetting Collections.................................... -33,630 -34,000 -34,000 -370 ................
-----------------------------------------------------------------------------------------
Subtotal, Administrative Provision.................... ................ ................ ................ ................ ................
-----------------------------------------------------------------------------------------
Total, Federal Emergency Management Agency................ 25,414,424 25,609,256 25,262,841 -151,583 -346,415
=========================================================================================
(Discretionary Appropriations)........................ (25,673,054) (25,883,239) (25,536,824) (-136,230) (-346,415)
(Defense)......................................... (226,758) (141,569) (215,196) (-11,562) (+73,627)
(Non-Defense)..................................... (25,446,296) (25,741,670) (25,321,628) (-124,668) (-420,042)
(Disaster Relief Category).................... (19,945,000) (20,261,000) (20,261,000) (+316,000) ................
(Regular appropriations, not Disaster Relief). (5,501,296) (5,480,670) (5,060,628) (-440,668) (-420,042)
(Offsetting Collections).............................. (-258,630) (-273,983) (-273,983) (-15,353) ................
(by transfer)............................................. (840,000) (35,000) (784,900) (-55,100) (+749,900)
-----------------------------------------------------------------------------------------
Total, Title III, Protection, Preparedness, Response, and 28,321,562 28,665,542 28,269,927 -51,635 -395,615
Recovery.................................................
=========================================================================================
(Discretionary Appropriations).................... (28,580,192) (28,939,525) (28,543,910) (-36,282) (-395,615)
(Defense)..................................... (2,962,218) (2,931,365) (3,082,000) (+119,782) (+150,635)
(Non-Defense)................................. (25,617,974) (26,008,160) (25,461,910) (-156,064) (-546,250)
(Disaster Relief Category)................ (19,945,000) (20,261,000) (20,261,000) (+316,000) ................
(Regular Appropriations).................. (5,672,974) (5,747,160) (5,200,910) (-472,064) (-546,250)
(Offsetting Collections).......................... (-258,630) (-273,983) (-273,983) (-15,353) ................
(by transfer)............................................. (840,000) (35,000) (784,900) (-55,100) (+749,900)
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
US Citizenship and Immigration Services
Operations and Support:
Employment Status Verification............................ 109,611 111,865 111,865 +2,254 ................
Application Processing.................................... 133,370 743,329 137,296 +3,926 -606,033
Application Processing (emergency)........................ ................ ................ 183,000 +183,000 +183,000
-----------------------------------------------------------------------------------------
Subtotal, Application Processing...................... 133,370 743,329 320,296 +186,926 -423,033
-----------------------------------------------------------------------------------------
Subtotal, Operations and Support...................... 242,981 855,194 432,161 +189,180 -423,033
(Emergency)....................................... ................ ................ (183,000) (+183,000) (+183,000)
Federal Assistance............................................ 25,000 10,000 23,500 -1,500 +13,500
Fee Funded Programs:
Immigration Examinations Fee Account:
Systematic Alien Verification for Entitlements [SAVE]. ................ ................ ................ ................ ................
Adjudication Operations:
Field Operations Directorate.................. (1,011,452) (1,051,375) (1,051,375) (+39,923) ................
Fraud Detection and National Security (253,755) (263,779) (263,779) (+10,024) ................
Directorate..................................
Service Center Operations Directorate......... (552,135) (576,702) (576,702) (+24,567) ................
Support Services.............................. (100,516) (282,355) (282,355) (+181,839) ................
-----------------------------------------------------------------------------------------
Subtotal, Adjudication Operations......... 1,917,858 2,174,211 2,174,211 +256,353 ................
Immigration Policy and Support.................... (1,608,393) (1,218,924) (1,218,924) (-389,469) ................
Refugee and Asylum Operations..................... (372,890) (431,450) (431,450) (+58,560) ................
Immigration Records and Applicant Services........ (449,213) (456,732) (456,732) (+7,519) ................
Premium Processing (Including Transformation)..... (1,138,971) (1,263,832) (1,263,832) (+124,861) ................
-----------------------------------------------------------------------------------------
Subtotal, Immigration Examinations Fee Account (5,487,325) (5,545,149) (5,545,149) (+57,824) ................
H1-B Non-Immigrant Petititioner Account:
Adjudication Services:
Service Center Operations......................... (20,000) (24,856) (24,856) (+4,856) ................
Fraud Prevention and Detection Account:
Adjudication Services:
District Operations............................... (53,960) (61,557) (61,557) (+7,597) ................
EB-5 Integrity Fund....................................... ................ (8,760) (8,760) (+8,760) ................
-----------------------------------------------------------------------------------------
Subtotal, Fee Funded Programs..................... 5,561,285 5,640,322 5,640,322 +79,037 ................
-----------------------------------------------------------------------------------------
Total, US Citizenship and Immigration Services.... 267,981 865,194 455,661 +187,680 -409,533
=========================================================================================
Fee Funded Programs............................... 5,561,285 5,640,322 5,640,322 +79,037 ................
Federal Law Enforcement Training Centers
Operations and Support:
Law Enforcement Training.................................. 322,509 325,543 320,235 -2,274 -5,308
Mission Support........................................... 32,043 33,555 32,376 +333 -1,179
-----------------------------------------------------------------------------------------
Subtotal, Operations and Support...................... 354,552 359,098 352,611 -1,941 -6,487
Procurement, Construction, and Improvements:
Construction and Facility Improvements.................... 51,995 20,100 ................ -51,995 -20,100
Construction and Facility Improvements (emergency)........ ................ ................ 8,000 +8,000 +8,000
-----------------------------------------------------------------------------------------
Subtotal, Construction and Facility Improvements...... 51,995 20,100 8,000 -43,995 -12,100
-----------------------------------------------------------------------------------------
Total, Federal Law Enforcement Training Centers........... 406,547 379,198 360,611 -45,936 -18,587
=========================================================================================
Science and Technology
Operations and Support:
Laboratory Facilities..................................... 127,522 128,828 127,838 +316 -990
Acquisition and Operations Analysis....................... 92,375 77,720 77,720 -14,655 ................
Mission Support........................................... 164,210 165,497 161,625 -2,585 -3,872
-----------------------------------------------------------------------------------------
Subtotal, Operations and Support...................... 384,107 372,045 367,183 -16,924 -4,862
Procurement, Construction, and Improvements:
Laboratory Facilities:
Plum Island Closure and Support....................... 13,466 33,579 33,579 +20,113 ................
Critical Repair/Replacement Requirement............... 35,750 10,000 10,000 -25,750 ................
Detection Sciences Testing and Applied Research Center 6,000 35,000 ................ -6,000 -35,000
-----------------------------------------------------------------------------------------
Subtotal, Procurement, Construction, and 55,216 78,579 43,579 -11,637 -35,000
Improvements.....................................
Research and Development:
Research, Development, and Innovation..................... 407,681 385,508 311,666 -96,015 -73,842
University Programs....................................... 53,537 51,037 40,830 -12,707 -10,207
-----------------------------------------------------------------------------------------
Subtotal, Research and Development.................... 461,218 436,545 352,496 -108,722 -84,049
-----------------------------------------------------------------------------------------
Total, Science and Technology......................... 900,541 887,169 763,258 -137,283 -123,911
=========================================================================================
Countering Weapons of Mass Destruction Office
Operations and Support:
Mission Support........................................... 85,570 69,364 89,279 +3,709 +19,915
Capability and Operations Support......................... 66,400 94,951 67,667 +1,267 -27,284
-----------------------------------------------------------------------------------------
Subtotal, Operations and Support...................... 151,970 164,315 156,946 +4,976 -7,369
Procurement, Construction, and Improvements:
Large Scale Detection Systems............................. 66,137 35,678 8,700 -57,437 -26,978
Portable Detection Systems................................ 9,067 6,660 6,660 -2,407 ................
-----------------------------------------------------------------------------------------
Subtotal, Procurement, Construction, and Improvements. 75,204 42,338 15,360 -59,844 -26,978
Research and Development:
Transformational R&D/Technical Forensics:
Transformational R&D.................................. 37,004 39,460 31,568 -5,436 -7,892
Technical Forensics................................... 2,000 6,530 5,224 +3,224 -1,306
-----------------------------------------------------------------------------------------
Subtotal, Transformational R&D/Technical Forensics 39,004 45,990 36,792 -2,212 -9,198
=========================================================================================
Detection Capability Development and Rapid Capabilities:
Detection Capability Development...................... 25,611 14,948 11,959 -13,652 -2,989
-----------------------------------------------------------------------------------------
Subtotal, Detection Capability Development and 25,611 14,948 11,959 -13,652 -2,989
Rapid Capabilities...............................
-----------------------------------------------------------------------------------------
Subtotal, Research and Development.................... 64,615 60,938 48,751 -15,864 -12,187
Federal Assistance:
Capability Building:
Training, Exercises, and Readiness.................... 19,559 21,268 18,481 -1,078 -2,787
Securing the Cities................................... 34,628 34,465 32,387 -2,241 -2,078
Biological Support.................................... 84,996 104,737 79,896 -5,100 -24,841
Biological Support (emergency)........................ ................ ................ 2,000 +2,000 +2,000
-----------------------------------------------------------------------------------------
Subtotal, Biological Support...................... 84,996 104,737 81,896 -3,100 -22,841
-----------------------------------------------------------------------------------------
Subtotal, Capability Building..................... 139,183 160,470 132,764 -6,419 -27,706
-----------------------------------------------------------------------------------------
Subtotal, Federal Assistance.......................... 139,183 160,470 132,764 -6,419 -27,706
(Emergency)....................................... ................ ................ (2,000) (+2,000) (+2,000)
-----------------------------------------------------------------------------------------
Total, Countering Weapons of Mass Destruction......... 430,972 428,061 353,821 -77,151 -74,240
=========================================================================================
Total, Title IV, Research and Development, Training, 2,006,041 2,559,622 1,933,351 -72,690 -626,271
and Services.........................................
=========================================================================================
Fee Funded Programs................................... 5,561,285 5,640,322 5,640,322 +79,037 ................
TITLE V--GENERAL PROVISIONS
Presidential Residence Protection Assistance (Sec 531)........ 3,000 ................ ................ -3,000 ................
FY22 CPF correction (Sec 542)................................. 3,000 ................ ................ -3,000 ................
Border Management CBP (Sec 548)............................... 1,563,143 ................ ................ -1,563,143 ................
Border Management ICE (Sec 548)............................... 339,658 ................ ................ -339,658 ................
OSEM O&S (70 x 0100)(rescission).............................. ................ -800 ................ ................ +800
MGMT (70 x 0113) (rescission)................................. ................ -4,100 ................ ................ +4,100
MGMT PC&I FY22 (Public Law 117-103) (rescission).............. -113,000 ................ ................ +113,000 ................
CBP PC&I FY22 (Public Law 117-103) (rescission)............... -73,246 ................ ................ +73,246 ................
CBP PC&I FY22 (Public Law 117-103) (rescission)............... -23,182 ................ ................ +23,182 ................
CBP PC&I FY22 (Public Law 107-103) (rescission)............... -33,400 ................ ................ +33,400 ................
CBP PC&I FY22 (Public Law 117-103) (rescission)............... -10,100 ................ ................ +10,100 ................
CBP PC&I (70 x 0532) (rescission)............................. ................ -1,473 -1,473 -1,473 ................
CBP (BSFIT (70 x 0533) (rescission)........................... ................ -1,842 -1,842 -1,842 ................
CBP Air and Marine Interdiction, Operations, Maintenance, and ................ -452 -452 -452 ................
Procurement (070 X 0544) (rescission)........................
ICE, Operations and Support (70 23/24 0540)(rescission)....... ................ -3,000 -1,000 -1,000 +2,000
ICE, Operations and Support (70 x 0540) (rescission).......... ................ -2,093 -2,093 -2,093 ................
ICE, Automation Modernization (70 x 0543) (rescission)........ ................ -10 -10 -10 ................
TSA, Operations and Support (70 X 0550) (rescission).......... ................ ................ -63,591 -63,591 -63,591
TSA, Transportation Security Support (70 x 0554) (rescission). -12 ................ ................ +12 ................
Coast Guard PC&I (Public Law 116-93) (FY20) (rescission)...... -42,730 ................ ................ +42,730 ................
Coast Guard RDT&E (Public Law 116-6) (FY19) (rescission)...... -19,000 ................ ................ +19,000 ................
Coast Guard AC&I (70 x 0613) (Rescission)..................... ................ -22,600 -22,600 -22,600 ................
USSS O&S (70 x 0400) (rescission)............................. ................ -2,400 -2,400 -2,400 ................
USSS PC&I (70 23/25 0401) (rescission)........................ ................ -4,000 -4,000 -4,000 ................
CISA PC&I (70 23/27 0412) (rescission)........................ ................ -3,500 -3,500 -3,500 ................
CISA R&D (70 23/24 0805) (rescission)......................... ................ -2,000 ................ ................ +2,000
Information Analysis and Infrastructure Protection OE (70 x -51 ................ ................ +51 ................
0900) (rescission) (defense).................................
FEMA State and Local Programs (70 x 0560)(rescission)......... -65 ................ ................ +65 ................
FEMA Predisaster Mitigation Fund (70 x 0716) (rescission)..... ................ -5,821 ................ ................ +5,821
USCIS Operations and Support no-year funding (rescission)..... -187 ................ ................ +187 ................
USCIS Operations and Support (Public Law 117-103) (rescission) -32,750 ................ ................ +32,750 ................
DHS Lapsed Balances (non-defense) (rescission)................ -44,997 ................ ................ +44,997 ................
DHS Lapsed Balances (defense) (rescission).................... -1,167 ................ ................ +1,167 ................
FLETC PC&I (70 20/24 0510) (rescission........................ ................ -800 -800 -800 ................
S&T O&S (70 x 0800) (rescission).............................. ................ -900 -900 -900 ................
CWMD, R&D (70 20/24 0860) (rescission)........................ ................ -389 -389 -389 ................
CWMD, R&D (70 0860) (rescission).............................. ................ -11 -11 -11 ................
Immigration Extender (Sec 543)................................ ................ ................ 13,000 +13,000 +13,000
-----------------------------------------------------------------------------------------
Total, Title V, General Provisions........................ 1,514,914 -56,191 -92,061 -1,606,975 -35,870
=========================================================================================
(Defense)............................................. (-1,218) (-2,000) ................ (+1,218) (+2,000)
(Non-Defense)......................................... (1,516,132) (-54,191) (-92,061) (-1,608,193) (-37,870)
OTHER APPROPRIATIONS
THE INFRASTRUCTURE INVESTMENT AND JOBS ACT (Public Law 117-58)
DIVISION J--APPROPRIATIONS
DEPARTMENT OF HOMELAND SECURITY
Cybersecurity and Infrastructure Security Agency
Cybersecurity Response and Recovery Fund:
Appropriations available from prior year advances 20,000 20,000 20,000 ................ ................
(emergency)..............................................
Federal Emergency Management Agency
Federal Assistance:
Sec 205 Grants:
Appropriations available from prior year advances 100,000 100,000 100,000 ................ ................
(emergency)..........................................
Grants for Cybersecurity and Critical Infrastructure:
Appropriations available from prior year advances 400,000 300,000 300,000 -100,000 ................
(emergency)..............................................
Disaster Relief Fund:
Appropriations available from prior year advances 200,000 200,000 200,000 ................ ................
(emergency)..............................................
National Flood Insurance Fund:
Appropriations available from prior year advances 700,000 700,000 700,000 ................ ................
(emergency)..............................................
-----------------------------------------------------------------------------------------
Total, Federal Emergency Management Agency............ 1,400,000 1,300,000 1,300,000 -100,000 ................
=========================================================================================
Total, Infrastructure Investment and Jobs Act......... 1,420,000 1,320,000 1,320,000 -100,000 ................
=========================================================================================
less prior year appropriations (emergency) (defense).......... -20,000 -20,000 -20,000 ................ ................
less prior year appropriations (emergency)(nondefense)........ -1,400,000 -1,300,000 -1,300,000 +100,000 ................
DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023 (Public
Law 117-328, Division N)
DEPARTMENT OF HOMELAND SECURITY
Office of Inspector General
Operations and Support (by transfer) (emergency).............. (14,000) ................ ................ (-14,000) ................
Coast Guard
Operations and Support (emergency)............................ 39,250 ................ ................ -39,250 ................
Procurement, Construction, and Improvements (emergency)....... 115,500 ................ ................ -115,500 ................
-----------------------------------------------------------------------------------------
Total, Coast Guard........................................ 154,750 ................ ................ -154,750 ................
=========================================================================================
Federal Emergency Management Agency
Disaster Relief Fund (emergency).............................. 5,000,000 ................ ................ -5,000,000 ................
transfer out (emergency).................................. (-13,000) ................ ................ (+13,000) ................
Hermit's Peak/Calf Canyon Fire Assistance Account (emergency). 1,450,000 ................ ................ -1,450,000 ................
transfer out (emergency).................................. (-1,000) ................ ................ (+1,000) ................
General Provisions--This Title
Immigration User Fee reimbursement (emergency)................ 309,000 ................ ................ -309,000 ................
-----------------------------------------------------------------------------------------
Total, Federal Emergency Management Agency................ 6,759,000 ................ ................ -6,759,000 ................
=========================================================================================
Total, Disaster Relief Supplemental Appropriations Act, 6,913,750 ................ ................ -6,913,750 ................
2023.....................................................
=========================================================================================
Total, Other Appropriations............................... 6,913,750 ................ ................ -6,913,750 ................
=========================================================================================
Grand Total................................................... 89,605,164 81,807,777 82,784,244 -6,820,920 +976,467
=========================================================================================
(Discretionary Appropriations)............................ (86,469,996) (88,114,094) (83,279,431) (-3,190,565) (-4,834,663)
(Defense)............................................. (3,501,218) (3,461,365) (3,612,000) (+110,782) (+150,635)
(Non-Defense)......................................... (82,968,778) (84,652,729) (79,667,431) (-3,301,347) (-4,985,298)
(Disaster Relief Category)........................ (19,945,000) (20,261,000) (20,261,000) (+316,000) ................
(Other Non-Defense)............................... (63,023,778) (64,391,729) (59,406,431) (-3,617,347) (-4,985,298)
(Rescissions) (Defense)................................... (-1,218) (-2,000) ................ (+1,218) (+2,000)
(Rescissions) (Non-defense)............................... (-392,669) (-54,191) (-105,061) (+287,608) (-50,870)
(Offsetting Collections).................................. (-5,429,109) (-7,397,370) (-5,837,370) (-408,261) (+1,560,000)
(Emergency Appropriations)................................ (6,913,750) ................ (4,300,000) (-2,613,750) (+4,300,000)
(Rescissions of Emergency Appropriations)................. ................ ................ ................ ................ ................
(Mandatory Funding)....................................... (2,044,414) (1,147,244) (1,147,244) (-897,170) ................
(By transfer)................................................. 854,000 35,000 784,900 -69,100 +749,900
(Transfer out)................................................ -854,000 -35,000 -784,900 +69,100 -749,900
Aviation Security Capital Fund................................ 250,000 250,000 250,000 ................ ................
Fee Funded Programs........................................... 7,937,882 8,690,352 8,690,352 +752,470 ................
-----------------------------------------------------------------------------------------
Grand Total without Other Appropriations...................... 82,691,414 81,807,777 82,784,244 +92,830 +976,467
--------------------------------------------------------------------------------------------------------------------------------------------------------
[all]