[House Report 119-173]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-173
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2026
_______
June 26, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Amodei of Nevada, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 4213]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2026.
INDEX TO BILL AND REPORT
Page number
Bill Report
TITLE I--DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL
AWARENESS, AND OVERSIGHT
Office of the Secretary and Executive Management... 2
5
Operations and Support..................... 2
5
Procurement, Construction, and Improvements 2
12
Federal Assistance.........................
12
Management Directorate............................. 3
12
Operations and Support..................... 3
12
Procurement, Construction, and Improvements 3
14
Federal Protective Service................. 3
16
Intelligence, Analysis, and Situational Awareness.. 3
16
Operations and Support..................... 3
16
Office of Inspector General........................ 4
17
Operations and Support..................... 4
17
Administrative Provisions.......................... 4
18
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection................. 11
19
Operations and Support..................... 11
19
Procurement, Construction, and Improvements 13
30
U.S. Immigration and Customs Enforcement........... 13
34
Operations and Support..................... 13
35
Procurement, Construction, and Improvements 14
46
Transportation Security Administration............. 15
47
Operations and Support..................... 15
47
Procurement, Construction, and Improvements 15
50
Research and Development................... 15
50
Coast Guard........................................ 16
52
Operations and Support..................... 16
52
Procurement, Construction, and Improvements 17
59
Research and Development................... 17
62
Health Care Fund Contribution..............
62
Retired Pay................................ 18
62
United States Secret Service....................... 18
63
Operations and Support..................... 18
63
Procurement, Construction, and Improvements 20
65
Research and Development................... 20
65
Administrative Provisions.......................... 20
65
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency... 39
68
Operations and Support..................... 39
68
Procurement, Construction, and Improvements 39
76
Research and Development...................
79
Federal Emergency Management Agency................ 39
79
Operations and Support..................... 39
79
Procurement, Construction, and Improvements 39
82
Federal Assistance......................... 40
82
Disaster Relief Fund....................... 44
85
National Flood Insurance Fund.............. 45
88
Administrative Provisions.......................... 47
88
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services.......... 54
89
Operations and Support..................... 54
89
Federal Assistance.........................
91
Federal Law Enforcement Training Centers........... 54
91
Operations and Support..................... 54
92
Procurement, Construction, and Improvements 55
92
Science and Technology Directorate................. 55
92
Operations and Support..................... 55
93
Procurement, Construction, and Improvements 55
93
Research and Development................... 55
94
Administrative Provisions.......................... 56
97
TITLE V--GENERAL PROVISIONS
This Act........................................... 64
98
House of Representatives Reporting Requirements....
103
Overview
The Department of Homeland Security (DHS) is responsible
for vital homeland and national defense missions across eight
operational components. From providing border security to
keeping the flying public safe, to protecting our Nation's key
leadership, guarding against cybersecurity threats to the
country's critical infrastructure, and to responding to both
natural and man-made disasters, the Department ensures the
Nation is well-equipped to address challenges facing the
Homeland. The Committee recommendation includes $99,136,555,000
in total discretionary appropriations for DHS, including
$66,361,000,000 within the bill's 302(b) budget allocation,
$6,301,555,000 in discretionary appropriations offset by fee
collections, and $26,474,000,000 as an allocation adjustment
for major disaster response and recovery activities. The total
within the allocation is $1,331,769,000 above the fiscal year
2025 level.
Homeland Security Investments
Investments in this bill are intended to balance competing
priorities across the Department's important missions, all of
which are critical to the security of the Nation, including
providing funding for: border security technology; Border
Patrol Agents; the deployment of additional Non-Intrusive
Inspection machines at ports of entry (POEs) to increase the
detection of fentanyl; artificial intelligence and machine
learning capabilities to reduce manual review of cargo and
vehicle images; immigration detention capacity; transportation
and removal operations for additional deportation of criminal
aliens; continuing recapitalization of the Coast Guard's
surface and aviation fleets, including continued support for
the Fast Response Cutter, Waterways Commerce Cutter, and
Offshore Patrol Cutter programs; and cybersecurity defense
tools and technology to protect government networks and
critical infrastructure.
Border Security
Under the previous administration, alien encounters
skyrocketed, growing as high as nearly 15,000 per day. U.S.
Customs and Border Protection (CBP) agents and officers were
pulled away from their primary law enforcement duties to
``manage'' this policy-driven crisis. However, this
administration made key policy changes to enforce long-standing
immigration laws already on the books. On average, these policy
changes have reduced border crossings by more than 90 percent
year-over-year, allowing CBP to close costly soft-sided
facilities due to the reduced alien flow along the southern
border. This bill supplements the policy direction of this
administration by making long-term border security investments
that will enable our front-line agents to sustain the recent
reductions in illicit border activity. The bill sustains
funding for a Border Patrol end strength of 22,000 agents and
includes the following: $84,022,000 for workforce care;
$20,000,000 for innovative technology; $24,000,000 for tactical
aerostats; $10,440,000 for cross-border tunnel threat
detection; and $4,000,000 for carrizo cane control.
Within CBP's Procurement, Construction, and Improvements
account, the recommendation includes: $346,000,000 for border
technology; $300,000,000 for Non-Intrusive Inspection
equipment; $66,500,000 for Light Enforcement Helicopters;
$29,700,000 for UH 60 Medium Lift Helicopters; and $13,000,000
for sensor upgrades.
Immigration Enforcement
As the number of aliens who have final orders of removal
exceeds 1,300,000, it is the responsibility of this Committee
to provide appropriate funding to deter, detain, and deport
those who do not have a legal basis to remain in this country
or those who harm our citizens and communities. To further this
administration's priorities, the Committee provides resources
for U.S. Immigration and Customs Enforcement (ICE) to fund
significant increases for the critical components of a robust
enforcement and removal apparatus, such as 50,000 detention
beds. The recommendation also includes additional funding for
transportation and removal operations to ensure that ICE can
execute its statutory authority to perform necessary interior
enforcement actions.
Transportation Security
The Transportation Security Administration's (TSA)
implementation of changes to its pay structure has caused
dramatic increases to the agency's budget, which have continued
to come at the expense of other priorities. This bill provides
$213,000,000 for checkpoint screening infrastructure to restore
some of the cuts that were necessary to fund the agency's pay
structure changes.
Cybersecurity and Infrastructure Security
The bill provides $2,738,206,000 for the Cybersecurity and
Infrastructure Security Agency (CISA) to sustain investments in
securing Federal civilian executive branch networks and helping
state, local, Tribal, and territorial governments and critical
infrastructure companies secure both cyber and physical
infrastructure, while making strategic cuts to programs and
positions that are not aligned with CISA's statutory mission.
Citizenship and Immigration Processing
With few exceptions, U.S. Citizenship and Immigration
Services (has historically operated as a fee-funded agency,
with its operating expenses originating primarily from fees
charged to applicants and petitioners seeking immigration
benefits. The bill returns to this traditional funding
structure and includes appropriations only for the E-Verify
program.
Countering Weapons of Mass Destruction
The authorization for the Countering Weapons of Mass
Destruction office, which was extended beyond its statutory end
date through fiscal year 2024 continuing resolutions, ended on
March 22, 2024. Unlike some authorizations that simply lapse,
the statutory construction of section 591(e) of title 6, United
States Code, terminated the office. As a result, authority for
the office continued solely on the basis of the fiscal year
2024 appropriation. The Committee declines to continue, via
appropriation, a terminated office and instead chooses to move
the critical functions of this office into other components.
Fiscal Year 2026 Budget Submission
Due to the substantial delay of the fiscal year 2026 budget
submission, most of the changes to DHS proposed by the
administration have not been considered in this bill. The
Committee notes that the request includes a number of important
reforms and proposals to reorganize the Department. The
Committee applauds the long overdue efforts to restrain the
growth of DHS outside of its key statutorily authorized
missions. The Committee looks forward to working with the
Department to consider these reforms as this bill moves through
the legislative process.
References in the Report
This report refers to certain entities, persons, funds, and
documents as follows: the ``Department of Homeland Security''
is referenced as DHS or the Department; ``full-time
equivalents'' are referred to as FTE; ``Government
Accountability Office'' is referenced as GAO; ``Information
Technology'' is referred to as IT; ``Office of Inspector
General'' is referenced as OIG; ``program, project, and
activity'' is referred to as PPA; any reference to ``the
Secretary'' should be interpreted to mean the Secretary of
Homeland Security; ``component'' should be interpreted to mean
an agency, administration, or directorate within DHS; any
reference to ``SLTT'' should be interpreted to mean state,
local, Tribal, and territorial; and ``budget request'' or ``the
request'' should be interpreted to mean the budget of the U.S.
Government for fiscal year 2026 that was submitted to Congress
on May 30, 2025.
TITLE I--DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS,
AND OVERSIGHT
Mission
The mission of Departmental Management, Intelligence,
Situational Awareness, and Oversight is to provide leadership
and services to DHS components; formulate policy guidance and
directives; disseminate intelligence; identify and track
performance measurements relating to DHS missions; and provide
oversight for all DHS operations.
Office of the Secretary and Executive Management
Appropriation, fiscal year 2025....................... $404,695,000
Budget request, fiscal year 2026...................... 325,367,000
Recommended in the bill............................... 254,343,000
Bill compared with:
Appropriation, fiscal year 2025..................... -150,352,000
Budget request, fiscal year 2026.................... -71,024,000
The Office of the Secretary and Executive Management (OSEM)
plans and executes departmental strategies to accomplish agency
objectives and provides policy guidance to departmental
components.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2025....................... $363,582,000
Budget request, fiscal year 2026...................... 325,367,000
Recommended in the bill............................... 246,230,000
Bill compared with:
Appropriation, fiscal year 2025..................... -117,352,000
Budget request, fiscal year 2026.................... -79,137,000
2026 FIFA World Cup Planning.--The Committee recognizes
that cities hosting events associated with the 2026 FIFA World
Cup face critical public safety needs that require adequate
preparation. These include ensuring secure communications for
first responders; working with federal and SLTT jurisdictions
to provide emergency services; and ensuring a safe environment
for all attendees, residents, and visitors to the United
States. However, the Committee is concerned with the lack of
departmental budget planning for the 2026 FIFA World Cup. Not
later than 90 days after the date of enactment of this Act, the
Secretary is directed to brief the Committee on the security
planning processes, expected budgetary impacts to the
Department, coordination efforts with Federal and SLTT
entities, and additional resource requirements necessary for
host cities to adequately prepare for the 2026 FIFA World Cup.
2028 Olympic and Paralympic Games.--The 2028 Olympic and
Paralympic Games in Los Angeles, California, have been
designated as a National Special Security Event (NSSE), which
commits the Department to develop event security and incident
management plans to ensure the safety of all participants.
Because significant resources will need to be dedicated to this
effort over the next four years, the Secretary shall submit a
report to the Committee not later than 90 days after the date
of enactment of this Act that details the full scope of the
Department's obligations for this NSSE. The report shall
include the nature of the Department's coordination with the
organizing committee involved in the 2028 Games and with other
federal agencies and departments, as well as representatives of
the relevant state and local government entities, including
Olympic events not hosted in the Los Angeles area. The report
shall also include the Department's projected resource needs
for this NSSE for fiscal year 2026 through fiscal year 2029,
including specific account details for each fiscal year.
Administrative Data Research Facility (ADRF).--The
Committee recognizes the critical need for secure, centralized
infrastructure to integrate federal and state administrative
data for research and policymaking. The Committee strongly
encourages the Department to expand secure access to
administrative data on cyber threats, border security, human
trafficking, and emergency response through the utilization of
the ADRF, a Federal Risk and Authorization Management Program
authorized research platform designed to securely link
sensitive research and administrative data with states and
other federal agencies' datasets. The Committee directs the DHS
Statistical Official, in consultation with the DHS Chief Data
Officer, the Chief Information Officer, and the Senior Agency
Official for Privacy, to coordinate these efforts across the
relevant DHS components and to ensure compliance with all
applicable laws and DHS policies, including the Privacy Act of
1974 (P.L. 93-579). The recommendation provides $2,000,000 to
expand the ADRF's capabilities, including enhanced data-sharing
partnerships, expanded security measures, and the development
of advanced analytical tools to support DHS and other agencies'
homeland security research needs, and to enhance DHS's ability
to securely transmit timely data to the ADRF. The Committee
directs the DHS Statistical Official to submit a report within
180 days of the date of enactment of this Act detailing
progress on the integration of administrative data for homeland
security research, including an assessment of how ADRF is being
leveraged to enhance interagency collaboration and threat
analysis.
Army's 250th Birthday.--Not later than 30 days after the
date of enactment of this Act, the Secretary shall submit a
report to the Committee that details the total obligations
associated with the parade commemorating the Army's 250th
birthday held in Washington, D.C., on June 14, 2025. The report
shall include the total cost to each departmental component,
broken out by PPA, including the costs for pre-parade
preparation, security, travel, and other activities related to
this event.
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 Department shall 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
actions 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
authorizations; and otherwise deter violations or take
enforcement action.
Border and Immigration Related Data and Transparency.--
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 southern
border that includes data related to the number of ``turn
backs,'' ``got aways,'' 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. CBP is also directed to ensure a
review by third-party statistical experts on the current
process, assumptions, and formulas used to derive the ``got
aways'' estimates and any proposed changes to improve such
estimates, including proposed changes to statutory definitions,
if any. Additionally, the Department shall provide to the
Committee and shall post on a publicly accessible website by
the 15th of each month the following, delineating requests
received and granted by entity, including CBP, U.S. Immigration
and Customs Enforcement (ICE), and U.S. Citizenship and
Immigration Services:
(1) DHS's total detention capacity, as well as usage
rate during the previous month;
(2) the total monthly number of ``applicants for
admission'' under section 1225 of Title 8, United
States Code, who are paroled into the United States
during the previous month;
(3) the total monthly number of ``applicants for
admission'' under section 1225 of Title 8, United
States Code, who are released into the United States,
paroled or otherwise, during the previous month;
(4) the total number of individuals paroled into the
United States during the previous month;
(5) of the total number of individuals paroled, the
rationale for each grant, and its duration; and
(6) the total number of referrals for prosecution
made to the Department of Justice (DOJ) for illegal
entry or illegal reentry during the previous month.
Child Well-Being Specialists.--The recommendation provides
$18,050,000 for the Child Well-Being Specialists program. The
Committee continues the reporting directive under the heading,
``Child Well-Being Professionals'' in the explanatory statement
accompanying Public Law 118-47.
Combatting Antisemitism.--The Committee directs the
Secretary to release a public report, not later than 90 days
after the date of enactment of this Act, detailing how the
Department plans to implement Executive Order 14188, of January
29, 2025, relating to additional measures to combat
antisemitism.
Customer Experience.--The Committee directs the Secretary
to develop standards to improve customer experience and to
incorporate those standards into the performance plans required
under section 1115 of title 31, United States Code. Not later
than 90 days after the date of enactment of this Act, the
Department shall provide the Committee an update on plans for
implementing this requirement.
Detention Space Report.--Not later than 60 days after the
date of enactment of this Act, and semiannually thereafter,
consistent with the requirements found in section 1368 of title
8, United States Code, the Office of Homeland Security
Statistics (OHSS), in coordination with ICE, shall submit the
required report to the Committee.
GAO Review on Unified Immigration Portal (UIP) Efficacy.--
The Committee recognizes that enabling agencies to efficiently
share data and information, in particular information relating
to law enforcement activities, is critically vital to our
domestic security. While the intent of the UIP is to connect
relevant data from across agencies involved in the immigration
lifecycle, the Committee is concerned that the system's
efficacy remains unverified. Therefore, the Committee directs
the Comptroller General of the United States to brief the
Committee within 180 days of the date of enactment of this Act
with the results of a review on the UIP system's current
performance metrics, operational efficiency, and modernization
requirements. The review shall include an assessment of:
(1) cloud-based solutions to enhance system
performance and reduce operational costs;
(2) any plans for modernizing legacy components;
(3) technical and operational challenges affecting
system effectiveness; and
(4) any recommendations for improving cross-agency
data sharing and integration to save taxpayer
resources.
Law Enforcement Support.--The Department is directed to
continue quarterly reporting, on a publicly accessible website,
on requests to DHS law enforcement components for support in
the form of personnel, aircraft, or other assets, consistent
with the requirement under this heading in the explanatory
statement accompanying Public Law 117-328. Support to a non-
federal entity in a location where First Amendment protected
activity is occurring should only be provided if approved in
advance by the Secretary, the Deputy Secretary, or the Under
Secretary for Management. The Department shall notify the
Committee not more than 48 hours after the approval of such
support.
Law Enforcement Support and Counter Transnational
Repression.--The Committee is concerned about the increased use
of transnational repression tactics by foreign governments,
Foreign Terrorist Organizations (FTOs), and transnational crime
organizations against individuals on U.S. soil. The Committee
encourages the Department to evaluate the implementation of a
public service announcement campaign educating the public and
international allies on the issue of transnational repression,
terrorism threats related to transnational repression, and the
resources available to victims. Within 180 days of the date of
enactment of this Act, DHS is directed to brief the Committee
on policy considerations related to the implementation of such
a public service campaign.
National Biosurveillance Integration Center (NBIC).--The
recommendation transfers the personnel and the functions of the
NBIC in the Countering Weapons of Mass Destruction Office to
the Office of Health Security (OHS). The Committee encourages
OHS to ensure that NBIC analytics and products are
operationally focused to support frontline operations and not
duplicative of other Federal government biosurveillance
reporting.
Northern Border.--The Committee recognizes the continued
work of DHS, in partnership with our Canadian allies, to ensure
adequate resources are assigned to secure the Nation's northern
border. Not later than 180 days after the date of enactment of
this Act, the Committee directs the Secretary to provide a
briefing detailing a breakdown of the financial, staffing, and
equipment resources allocated to northern border protection;
statistics on border crossings, seizures, and arrests; an
analysis of the cost-effectiveness of operations conducted on
the northern border compared to those on the southern border;
and an assessment of joint U.S.-Canada border security
operations.
Office of Homeland Security Statistics (OHSS).--The
Committee is concerned that monthly reports have not been
updated since January 2025, despite the requirements in the
explanatory statement accompanying Public Law 117-328. The
Committee directs the OHSS to continue to provide monthly
reports for fiscal year 2026. The Committee also directs OHSS
to include in its report the arrest location and the number of
repatriations by arresting agency, as well as detentions,
removals, and ICE arrests of U.S. citizens, Lawful Permanent
Residents, and former members of the Armed Services. The report
shall include monthly data on self-deportations through the CBP
Home App.
Office of the Immigration Detention Ombudsman (OIDO).--The
recommendation does not include funds for OIDO.
Official Reception and Representation Expenses.--DHS shall
continue to submit quarterly obligation reports for official
reception and representation expenses, as in prior years. Prior
to the obligation of any funds for reception and representation
expenses to purchase collectibles or memorabilia, the
Department shall provide the Committee no fewer than 14 days
advance written notification describing the purpose of such
purchases and the projected costs.
Performance Measures.--The Committee directs all agencies
funded by this Act to comply with title 31 of United States
Code, including by developing organizational priority goals and
outcomes such as performance outcome measures, output measures,
efficiency measures, and customer service measures.
Simulation-Based Emergency Preparedness Network.--The
Committee encourages DHS to support the development and
implementation of simulation-based emergency preparedness
network programs. These programs ensure that the first
responder and first receiver health workforce receive high-
quality, pertinent, evidence-based training required to care
for people injured before, during, and after emergencies and
disasters, particularly those in rural and remote areas. This
effort may include increasing live and virtual content delivery
capacity at accredited healthcare simulation centers and
establishing partnerships with academic health institutions and
systems in developing training to the first responder and first
receiver health workforce. It should also include expanding
relevant content and access at DHS training facilities,
developing appropriate governance on data management, and
outfitting Health Professional Shortage Areas, Medically
Underserved Areas, or Tribal entities with necessary health
security simulation hardware and software assets.
Telemental Health and Employee Assistance Pilot.--The
recommendation provides $1,500,000 to continue the pilot
efforts, as described in House Report 118-123 accompanying
Public Law 118-47.
Temporary Additional Duty in Support of Enforcement
Operations.--The Committee directs DHS to brief the Committee
no later than 30 days after the date of enactment of this Act
and quarterly thereafter, on the number of departmental
employees who have been temporarily assigned to ICE for the
purposes of immigration enforcement since January 20, 2025. The
report should include a breakout by agency on the average costs
per detail assignment, the average length of detail
assignments, and the roles and responsibilities carried out
during the detail, including the number of arrests made in
support of ICE enforcement and removal operations.
Terrorism Watch List.--The Department shall notify the
Committee within seven days if an individual on the Federal
Bureau of Investigation's (FBI) Terrorist Screening Dataset
(TSDS) is encountered by the Department at or between a Port of
Entry (POE).
Transnational Criminal Organizations (TCO) Recruiting.--The
Committee notes the dangers posed by TCOs and their illegal
smuggling and trafficking activities along the U.S.-Mexico
border. The Committee is also aware that TCOs have increasingly
sought to recruit minors in U.S. border communities to assist
with illegal smuggling and trafficking activities. To better
understand the prevalence of TCO engagement with minors in the
United States, the Secretary is directed to report to the
Committee within 180 days of the date of enactment of this Act
on the influence of TCOs in border communities, including:
(1) the number of encounters Federal law enforcement
has had with U.S. citizens or otherwise lawfully
present aliens under 18 years of age working with or on
behalf of known TCOs for illegal smuggling or
trafficking purposes within 100 miles of the U.S.-
Mexico border in fiscal year 2026; and
(2) strategies for DHS to work with any necessary
federal and SLTT entities to combat TCO's recruiting
individuals under 18 years of age in the U.S. for
illegal smuggling and trafficking activities.
Tribal Training.--The Committee recognizes the importance
of reducing immigration enforcement encounters with lawful U.S.
citizens. Given the unique nature of the government-to-
government relationship between Tribal Nations and the Federal
government, immigration enforcement agents and officers should
have an understanding of this relationship and the cultural
intricacies of interacting with Tribal members. This should
include but not be limited to recognizing names of Tribes in
areas where officers and agents are operating and recognizing
and accepting Tribal identification and Certificates of Degree
of Indian Blood. The Committee encourages the Department to
consider training programs for agents and officers to better
inform encounters with Native Americans.
TSDS Encounters.--Individuals on the FBI TSDS encountered
at or between POEs may include family members or associates of
a known or suspected terrorist or individuals incorrectly
identified as TSDS matches who the Department determines, after
evaluation in coordination with the FBI, do not pose a homeland
security threat. Within 90 days of the date of enactment of
this Act, and quarterly thereafter, the Department shall
provide a report to the Committee detailing what actions, if
any, the Department has taken or plans to take to determine
whether each individual on the TSDS encountered at or between
POEs poses a homeland security threat that needs to be
mitigated and the total number of individuals determined to
pose such a threat. This report shall also include the location
of each encounter, the individual's nationality, the
individual's post-apprehension outcome, and any other available
information. This report shall be submitted in unclassified
form but may contain a classified annex.
Women, Peace, and Security (WPS).--Not later than 90 days
after the date of enactment of this Act, DHS shall submit a
report and provide a briefing to the Committee and to the co-
chairs of the bipartisan Women, Peace, and Security Caucus
detailing plans to implement the Women, Peace, and Security Act
of 2017 (P.L. 115-68), the U.S. Strategy on Women, Peace, and
Security, and the Department's WPS implementation plan. The
briefing shall include details on plans to hire and train
qualified and dedicated advisors to ensure programming is
accessible and that women's equality is addressed. The briefing
shall also include plans to bolster WPS efforts in the
Department, plans to provide department-wide training to ensure
officials understand how the inclusion of women increases the
effectiveness of security-related policies and programs, and
new WPS programming being developed.
Workforce Wellness and Suicide Prevention.--The
recommendation provides $2,000,000 to expand department-wide
workforce wellness and suicide prevention efforts. Not later
than 60 days after the date of enactment of this Act, OHS shall
provide an update to the Committee on the status of these
efforts and its plans for this funding. Additionally, the
Committee encourages OHS to consider using these funds to
address stressors known to impact law enforcement officers,
including but not limited to depression, anxiety, financial
hardship, domestic violence, and alcohol abuse.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2025....................... $8,113,000
Budget request, fiscal year 2026...................... - - -
Recommended in the bill............................... 8,113,000
Bill compared with:
Appropriation, fiscal year 2025..................... - - -
Budget request, fiscal year 2026.................... +8,113,000
Electronic Health Records.--OHS, in coordination with DHS
components, shall develop requirements for medical services and
measurable performance standards for current healthcare record
systems and the Medical Information Exchange. Not later than 60
days after the date of enactment of this Act, DHS shall provide
a briefing to the Committee on the plan for consolidating the
Department's non-military healthcare records systems and
programs into OHS. Further, the briefing shall include an
estimate of any funding, personnel, and procurement impacts,
related oversight considerations, and a discussion of any
necessary changes in authorities.
FEDERAL ASSISTANCE
Appropriation, fiscal year 2025....................... $33,000,000
Budget request, fiscal year 2026...................... - - -
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2025..................... -33,000,000
Budget request, fiscal year 2026.................... - - -
Management Directorate
Appropriation, fiscal year 20251...................... $4,011,440,000
Budget request, fiscal year 2026...................... 3,990,565,000
Recommended in the bill............................... 3,771,270,000
Bill compared with:
Appropriation, fiscal year 2025..................... -240,170,000
Budget request, fiscal year 2026.................... -219,295,000
\1\The amounts for each fiscal year include appropriations for the
Federal Protective Service that are entirely offset by fee collections
from other federal agencies, which for fiscal year 2026 are estimated
at $2,026,455,000.
Mission
The mission of the Management Directorate is to provide
enterprise leadership and management and business
administration services for the Department, as well as
biometric and identity management services.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2025....................... $1,722,204,000
Budget request, fiscal year 2026...................... 1,801,928,000
Recommended in the bill............................... 1,648,509,000
Bill compared with:
Appropriation, fiscal year 2025..................... -73,695,000
Budget request, fiscal year 2026.................... -153,419,000
Artificial Intelligence Corps (AI Corps).--The Committee
acknowledges the ongoing work of the DHS AI Corps, which
supports AI experts within DHS to bolster AI talent, further
national security objectives, modernize DHS's technology
infrastructure, and reduce costs. The Committee directs the DHS
AI Corps to continue its efforts to achieve these objectives
and to notify the Committee regarding any planned cuts to
programs or personnel.
Budget Justifications.--The Department is expected to
provide complete justification materials for the fiscal year
2027 budget request, including details for each office and
program, and to clearly describe and account for current
services, transfers, adjustments to base, and program changes.
In addition to the detail provided in current reporting, the
justifications shall incorporate output from predictive models
used by DHS component agencies. For each relevant program area,
justifications shall clearly describe and quantify the
projections used to inform resource requests, indicate the
offices and components impacted by the projections, and confirm
whether the budget requests for those offices and components
were developed using the same assumptions. In addition, the
Chief Financial Officer (CFO) is directed to ensure that fiscal
year 2027 budget justification materials for classified and
unclassified budgets of all components are submitted
concurrently with the President's budget submission to Congress
and that the structure, terminology, and format of such budget
materials are standardized to the greatest extent possible.
Component Staffing Plans.--The Department shall submit
staffing plans to the Committee on a quarterly basis and shall
ensure such plans are aligned to the budget justification
materials at the PPA level.
Counter-Unmanned Aerial Systems (cUAS).--The Department is
reminded of the requirement found under this heading in the
explanatory statement accompanying Public Law 117-328.
Enterprise-Wide IT License Agreements.--The Committee is
aware that the Department is improving its IT service,
operations, and asset management, low-code application
development, and human resources management systems to create
improvements in IT auditability, security, and efficiency at
several operational components. The Committee supports these
efforts and strongly encourages the Department to evaluate
opportunities to achieve improved economies of scale through
the consolidation of disparate contracts into enterprise-wide
agreements. Accordingly, the Committee directs the Chief
Information Officer (CIO) to provide a briefing to the
Committee, within 180 days of the date of enactment of this
Act, on the Department's efforts to consolidate IT license
agreements across components to reduce cost and improve
performance.
Enterprise-Wide Maritime Domain Platform.--The
recommendation includes a reduction of $6,000,000 to the Office
of the Chief Information Officer (OCIO) that was added as
directed in the explanatory statement accompanying Public Law
118-47. The Department is reminded of Congress' oversight
functions and the Department's duty to respond to lawful and
constitutionally authorized requests for information. For
instances in which the Department has a legitimate reason to
execute funding in a manner inconsistent with congressional
intent, notification should be provided as soon as possible
before funds are obligated or would lapse.
Federal Protective Service (FPS) NSSEs Support.--The
recommendation includes $3,800,000 allocated to the Office of
the Chief Security Office. The Department shall direct this
funding to FPS in support of FPS's work at NSSEs and deployment
of cUAS capabilities.
Federal Risk and Authorization Management Program
(FedRAMP).--The Committee recognizes the importance of the DHS
OCIO's responsibility as a member of the FedRAMP Joint
Authorization Board and the value of modern cloud products and
services. Accordingly, the Committee directs the OCIO to brief
the Committee, within 180 days of the date of enactment of this
Act, on the resources necessary to enable increased FedRAMP
continuous monitoring workload and the facilitation of cloud
services.
Homeland Advanced Recognition Technology (HART) System.--
The Committee is very interested in HART's ability to achieve
initial operating capability in fiscal year 2026 and its
ability to progress to full operational capability (FOC).
During the transition from the Automated Biometric
Identification System (IDENT), the Committee directs the
Department to ensure full system redundancy until HART can be
operationally certified. The Department is directed to continue
to brief the Committee monthly on system development,
associated costs, and schedule until FOC of HART is achieved.
Joint Requirements Council (JRC).--The recommendation
rejects the transfer of the JRC to the Office of Program
Accountability and Risk Management as proposed in the fiscal
year 2026 budget request. The explanatory statement
accompanying Public Law 118-47 required both a wind down plan
and an identification of alternative methods to improve the
management and resourcing of joint requirements in lieu of
funding the JRC. The Committee strongly encourages the
Department to provide a robust plan that presents a wholesale
change in the Department's management of joint requirements to
comply with congressional intent.
Obligation Plans.--The Department shall continue to submit
obligation plans on a quarterly basis consistent with direction
provided in the explanatory statement accompanying Public Law
114-113. Additionally, the CFO shall require the use of a
uniform obligation plan template aligned with the budget
justification materials to ensure consistency across
components, which shall include quarterly spending targets for
each account and PPA. The CFO shall be responsible for ensuring
that components with major acquisition programs include the
breakout of these programs within their quarterly plans and
provide additional context to describe and justify any changes
from the prior submission.
Office of Biometric Identity Management (OBIM).--OBIM is
directed to continue briefing the Committee on a semiannual
basis on its workload, service levels, staffing, modernization
efforts, and other operations. The recommendation includes
$271,742,000 for OBIM.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2025....................... $260,433,000
Budget request, fiscal year 2026...................... 162,182,000
Recommended in the bill............................... 96,306,000
Bill compared with:
Appropriation, fiscal year 2025..................... -164,127,000
Budget request, fiscal year 2026.................... -65,876,000
The recommendation includes $11,200,000 for HART and
$8,434,000 for One Net--Homeland Security Enterprise Network.
The recommendation provides no funding for the National Capitol
Region (NCR) headquarters consolidation.
Counter Unmanned Aerial Systems.--The Committee recognizes
the growing threat that unmanned aerial systems present during
NSSEs and the role that the FPS plays during these events. Not
later than 120 days after the date of enactment of this Act,
the Department shall brief the Committee on its cUAS
acquisitions and capabilities within the Office of the Chief
Security Officer and FPS. The recommendation provides
$3,400,000 to detect and mitigate persistent drone threats at
NSSEs.
DHS Procurement Policies.--The Committee is concerned that
existing procurement policies and procedures interfere with
delivering mission critical support to government agencies and
the constituents they serve. As technology develops at an
increasingly rapid pace, traditional methods of procurement are
hampering the government's ability to respond to changing
needs. Large scale, all-encompassing procurements that seek to
solve every problem with a single procurement are unwieldy,
often result in the need for subcontractors, and fail to take
advantage of technology specialization in the contractor
community. Further, they are often delayed due to protests, are
difficult to modify afterwards, and result in wasteful
government spending. Awardees then sometimes leverage their
legacy status as federal contractors to stifle competition and
avoid accountability. The Committee encourages DHS to make use
of smaller, targeted procurements that make use of alternative
contracting approaches to increase competition, foster
innovation, and reduce risk of contract non-performance.
Further, the Committee encourages DHS to focus on holding
contractors accountable to measurable results and, where
appropriate, utilize pilot projects and open competition to
identify contractors that can most readily meet the needs of
DHS.
Facilities Transformation/Lease Efficiencies.--The
recommendation includes $30,000,000 for facilities
transformation and lease efficiencies to increase the occupancy
footprint of existing facilities. The Department is directed to
brief the Committee within 120 days of the date of enactment of
this Act. The briefing shall include an overview of the
implementation of the funding provided as well as an updated
cost-benefit analysis for existing and future projects.
Financial Systems Modernization (FSM) Acquisition.--The
recommendation includes $40,000,000 for FSM. The Department
shall brief the Committee not later than 120 days after the
date of enactment of this Act on progress of the Department-
wide financial systems modernization, plans for the project in
future fiscal years, and lessons learned from components that
have transitioned from legacy financial systems.
NCR Headquarters Consolidation.--The Department is directed
to provide a briefing to the Committee within 120 days of the
date of enactment of this Act on all current and future
projects in the NCR DHS Lease Consolidation Plan. The briefing
shall include information on any projects that have been paused
or cancelled with an updated cost-benefit analysis for current
and future projects that incorporates present-day market rental
rates for commercial real estate. The Department is encouraged
to continuously evaluate if future construction is cost
advantageous in lieu of long-term leases.
FEDERAL PROTECTIVE SERVICE
Appropriation, fiscal year 2025....................... $2,028,803,000
Budget request, fiscal year 2026...................... 2,026,455,000
Recommended in the bill............................... 2,026,455,000
Bill compared with:
Appropriation, fiscal year 2025..................... -2,348,000
Budget request, fiscal year 2026.................... - - -
Mission
The Federal Protective Service (FPS) delivers law
enforcement and protective security services to Federally
owned, leased, or operated facilities.
The Committee recommends $2,026,455,000 for the FPS, as
requested, which is fully offset by fees collected from FPS
customer agencies.
Intelligence, Analysis, and Situational Awareness
Mission
The missions supported through Intelligence, Analysis, and
Situational Awareness (I&A) are twofold: to equip the Homeland
Security Enterprise with timely intelligence and information to
keep the homeland safe, secure, and resilient and to provide
operations coordination, information sharing, situational
awareness, a common operating picture, and departmental
continuity.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2025....................... $345,410,000
Budget request, fiscal year 2026...................... 387,637,000
Recommended in the bill............................... 360,788,000
Bill compared with:
Appropriation, fiscal year 2025..................... +15,378,000
Budget request, fiscal year 2026.................... -26,849,000
The recommendation includes $360,788,000 for I&A, including
$6,000,000 for 2026 FIFA World Cup activities and $8,417,000
for counter fentanyl activities.
Annual Budget Justification Materials.--The fiscal year
2027 budget justification materials for the classified budget
shall include the same level of detail required for other PPAs.
Continuation of Fiscal Year 2022 Requirements.--The
Department is directed to continue providing in fiscal year
2026 any briefing and report as outlined in the classified
annex in the explanatory statement accompanying Public Law 117-
103.
Intelligence Expenditure Plan.--The Department's CIO is
directed to brief the Committee on the fiscal year 2026
expenditure plan for I&A within 60 days of the date of
enactment of this Act. The plan shall include the following:
(1) fiscal year 2026 expenditures and staffing
allotted for each program as compared to fiscal years
2021 through 2025;
(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 2026; and
(5) items outlined in the classified annex in the
explanatory statement accompanying Public Law 117-103,
updated for fiscal year 2026.
Intelligence Sharing on Border Security.--The Committee
recognizes the importance of a unity of effort between federal,
SLTT, and foreign law enforcement partners as it relates to
border security. Not later than 120 days after the date of
enactment of this Act, I&A shall develop and brief the
Committee on a strategy to better leverage fusion centers to
share actionable information with partners to improve border
security along the land and maritime borders of the United
States.
National Vetting Center (NVC) Integration.--The Committee
recognizes the positive impact the integration of specific I&A
vetting programs will have on the NVC's ability to
comprehensively and effectively carry out its mission to
protect the homeland. Not later than 180 days after the date of
enactment of this Act, I&A shall report to the Committee on the
status of the integration of specific I&A programs into the NVC
environment, including priorities for expanding the existing
vetting methodology to other categories of counterterrorism and
counterintelligence concerns. The brief shall include
resourcing requirements to scale such integration with the NVC
inclusive of network infrastructure needs.
Semiannual Intelligence Threat Briefings.--The Committee
recognizes I&A's unique role in the Intelligence Community (IC)
by aggregating holdings from the Department to enrich those
within the IC and disseminating intelligence to SLTT and
private sector partners in order to identify and mitigate
threats to the homeland. I&A shall provide semiannual
intelligence briefings to the Committee beginning not later
than 90 days after the date of enactment of this Act. The
briefings shall include a high-level summary of I&A produced
collections and analysis products, summary statistics of
intelligence sharing to SLTT and private sector partners, and
an analysis of growing threat trends including examples of I&A
assisted outcomes. The briefings shall also include metrics
used to measure the success of products and programs.
Office of Inspector General
Mission
The DHS Office of Inspector General (OIG) conducts and
supervises independent audits, investigations, and inspections
of DHS PPAs; identifies fraud, abuse, mismanagement, and
inefficiencies in the use of funds; and makes recommendations
for improving the execution of DHS missions.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2025....................... $220,127,000
Budget request, fiscal year 2026...................... 234,058,000
Recommended in the bill............................... 223,063,000
Bill compared with:
Appropriation, fiscal year 2025..................... +2,936,000
Budget request, fiscal year 2026.................... -10,995,000
Denial of OIG Access to Records and Information.--The
Committee directs the OIG, in coordination with the DHS Audit
Liaison and relevant component liaisons, to provide quarterly
briefings concerning any component efforts to prevent or impede
OIG access to records, documents, or other materials. In
addition, the Committee directs the OIG to submit a report on a
quarterly basis detailing instances of access denials. The
report shall include, at a minimum, a summary of the OIG
request, a description of the component response to the
request, and any other information the OIG determines
appropriate. The OIG is urged to ensure the timeliness of such
reports.
Quarterly Budget and Staffing Briefings.--The OIG shall
provide the Committee quarterly budget and staffing briefings
which shall include all available funding sources, contracts,
and contract staffing. The briefings shall reflect budget and
staffing profiles by the types of audits, investigations, and
inspections planned and executed. The briefings shall also
include a spend plan and strategy to hire to enacted staffing
levels.
Title I--Administrative Provisions
Section 101. The Committee continues a provision requiring
the Department to submit a report to the Inspector General
regarding grants or contracts awarded by means other than full
and open competition and requires the Inspector General to
review such grants or contracts and report the results to the
Committees.
Section 102. The Committee continues a provision requiring
the CFO of the Department to provide a monthly budget and
staffing report to the Committees.
Section 103. The Committee continues and modifies a
provision requiring the Secretary to notify the Committees of
any proposed transfer of funds from the Department of Treasury
Forfeiture Fund to any DHS component.
Section 104. The Committee continues a provision related to
costs associated with the use of government aircraft by DHS
personnel in support of official travel of the Secretary and
Deputy Secretary.
Section 105. The Committee continues and modifies a
provision requiring the Under Secretary for Management to
provide quarterly acquisition information to the Committees.
Section 106. The Committee continues a provision requiring
specified documentation for pilot and demonstration programs
and restricting the use of Operations and Support funding for
any pilot or demonstration program involving more than ten FTEs
or costing in excess of $5,000,000 unless the Secretary
provides information to the Committees related to the program's
goals, metrics, and implementation plan.
Section 107. The Committee includes a new provision that
prohibits certain collection of intelligence on U.S. persons.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
Appropriation, fiscal year 2025....................... $19,582,040,000
Budget request, fiscal year 2026...................... 19,270,350,000
Recommended in the bill............................... 19,332,714,000
Bill compared with:
Appropriation, fiscal year 2025..................... -249,326,000
Budget request, fiscal year 2026.................... +62,364,000
Mission
The mission of U.S. Customs and Border Protection (CBP) is
to enforce laws regarding the admission of aliens into the
United States and facilitate the flow of legitimate trade and
travel.
OPERATIONS AND SUPPORT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2025....................... $18,426,870,000
Budget request, fiscal year 2026...................... 18,158,588,000
Recommended in the bill............................... 18,088,596,000
Bill compared with:
Appropriation, fiscal year 2025..................... -338,274,000
Budget request, fiscal year 2026.................... -69,992,000
Within the total amount provided, the recommendation
includes: $84,022,000 for workforce care; $40,000,000 to expand
the Border Security Deployment Program at POEs; $24,000,000 for
tactical aerostats; $10,440,000 for cross-border tunnel threat
detection; and $4,000,000 for carrizo cane control.
Within the total amount provided, the recommendation makes
$550,000,000 available until September 30, 2027.
Border Barrier Updates.--Not later than 90 days after the
date of enactment of this Act and quarterly thereafter, the
Commissioner is directed to brief the Committee on the status
of border barrier construction to include wall system
attributes, other tactical infrastructure, and technology
associated with barrier construction.
Border Technology Operational Availability.--The Committee
continues to be concerned with the low operational availability
of border technology deployed along the southern border. Not
later than 60 days after the date of enactment of this Act and
quarterly thereafter, CBP shall provide a briefing to the
Committee that details the operational availability of all
fixed, relocatable, and mobile surveillance systems deployed by
CBP.
Digital Forensics.--The recommendation provides $5,000,000
for enhanced digital forensics capabilities including on-site
data extraction, data recovery, decryption, and analysis. Not
later than 90 days after the date of enactment of this Act, CBP
is directed to brief the Committee on the status of this
effort.
Electronic Device Searches.--The Committee directs CBP to
publish data on a public website detailing the number of
instances during secondary inspections in which CBP personnel:
(1) accessed the digital contents of any electronic
equipment, delineated by the nationality and initial
country of departure for the arriving individual in
possession of such equipment;
(2) accessed the digital contents of an online
account, including social media handles and cloud-based
accounts;
(3) requested consent to access the digital contents
of any electronic equipment belonging to or in the
possession of a U.S. person, delineated by whether
permission was granted;
(4) requested a U.S. person to consensually disclose
a credential that would enable access to the digital
contents of electronic equipment of such person,
delineated by whether the credential was disclosed;
(5) detained an individual for refusing to disclose
or provide consent to access the digital contents of
any electronic equipment belonging to them or in their
possession, delineated by whether the individual was a
U.S. person and including the length of time the
individual was detained; and
(6) searched an electronic device at the request of a
Federal, SLTT, or foreign governmental entity,
including another component of the Department, or
disclosed to such entity information from any searched
device.
Failure to Yield.--Within 120 days of the date of enactment
of this Act, CBP shall report to the Committee on the number of
`failures to yield' that CBP encountered in southern border
states and how many of those incidents were coordinated with
SLTT enforcement partners.
Fentanyl Risk to Law Enforcement.--The Committee recognizes
the clear danger to all CBP officers, agents, other personnel,
and canines from secondary exposure to illicit substances like
fentanyl and other opioids. The Committee also notes that
section 7135 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (P.L. 117-263) requires
the Commissioner of CBP to ensure the availability of
containment devices for all CBP personnel and canines at risk
of accidental exposure to synthetic opioids. The Committee
directs the Commissioner to submit a report within 180 days of
the date of enactment of this Act that details all actions
taken to comply with that directive, including any ongoing or
planned procurement processes. In addition, within 180 days of
the date of enactment of this Act, CBP in consultation with
Homeland Security Investigations (HSI), shall brief the
Committee on the Department's current understanding of how
transnational criminal organizations (TCOs) are distributing
fentanyl and other illicit narcotics throughout the United
States after first smuggling it across the southern border.
Gunshot Detection Technology.--The Committee recognizes the
escalating threats faced by CBP agents and officers along the
U.S.-Mexico border, particularly from TCOs employing firearms
to disrupt border security operations. To enhance the safety
and effectiveness of federal personnel operating in these high-
risk regions, the Committee supports the deployment of the best
available gunshot detection technology to provide real-time
alerts and precise geolocation of gunfire, which could increase
situational awareness and response capabilities. Not later than
90 days after the date of enactment of this Act, CBP shall
provide a briefing to the Committee on the potential use of
this technology along the southern border.
Health of Detained Women in CBP Facilities.--Not later than
90 days after the date of enactment of this Act, CBP shall
provide a briefing to the Committee outlining medical treatment
and attention provided to detained women who are pregnant,
nursing, or postpartum.
Independent Verification & Validation (IV&V).--Not later
than 90 days after the date of enactment of this Act, the
Commissioner shall submit a plan to utilize IV&V resources for
each level 1 and 2 acquisition program. Not later than 30 days
after each quarter, the Commissioner shall provide a briefing
to the Committee that includes the following:
(1) a listing of each level 1 and level 2 acquisition
program;
(2) acquisition programs that have IV&V resources
assigned; and
(3) a summary of the findings of any IV&V activities
or an explanation for why no such verification and
validation has been performed.
Innovative Technology.--The Committee recommends a total of
$40,000,000 for innovative technologies, to include $20,000,000
within Operations and Support and $20,000,000 within
Procurement, Construction, and Improvements. CBP is encouraged
to consider the following technologies: offshore maritime
detection technologies; voice analytics; autonomous systems;
remote sensing; artificial intelligence (AI); edge computing;
advanced analytics; process automation; quantum sensing
technologies; small scale or rapid narcotics detection
technologies; DNA point of origin analysis; real-time passive
sonar AI models; and supply chain awareness. CBP is directed to
update the Committee on the planned obligation of these funds
not fewer than 15 days prior to any obligation of funds.
Funding shall not exceed $5,000,000 for any individual project.
Maintenance Apprenticeships.--CBP is encouraged to consider
the feasibility of apprenticeships, internships, or other
avenues of engagement with local educational institutions to
cultivate the maintenance skills needed by CBP.
Polygraph Flexibility.--The Committee is concerned that the
polygraph requirement for CBP law enforcement applicants
continues to delay hiring and exacerbate hiring shortfalls. To
improve workforce readiness while maintaining personnel
integrity, the Committee urges CBP to use its full authority
under section 221 of title 6, United States Code, to waive
polygraph examinations for anyone who holds a current, active
Top Secret clearance and is able to access sensitive
compartmented information; has a current single scope
background investigation; was not granted a waiver to obtain
the clearance; or is a veteran of the U.S. Armed Forces. Not
later than 180 days after the date of enactment of this Act,
CBP shall brief the Committee on the number of applicants
eligible for a waiver, the number of waivers granted, and the
impact on hiring.
Quarterly Budget and Staffing Briefings.--CBP shall
continue the reporting directives described under this heading
in House Report 118-123 accompanying Public Law 118-47.
Secure Corridor Strategy.--CBP, the Federal Railroad
Administration (FRA), Servicio de Adminstracion Tributaria
(SAT), and freight railroads have collaborated on the
implementation of a Secure Corridor Strategy that has improved
the safety, security, and efficiency of cross-border trade and
freight movement. The Committee continues to encourage CBP to
work with FRA, SAT, and freight railroads to further implement
this strategy.
Therapy Dog Adoptions.--CBP launched an initiative to bring
real, on-the-ground support to its workforce through the
creation of the Support Canine Program. This program aims to
have therapy dogs on-site to assist in improving staff morale,
assist in grief, and mitigate trauma from critical incidents.
The Committee strongly encourages CBP to establish a pilot
program to adopt dogs from local animal shelters to be trained
as therapy dogs.
Video Monitoring.--CBP shall continue the reporting
directives as described under this heading found in the
explanatory statement accompanying Public Law 118-47.
Workforce Care.--The recommendation provides a total of
$84,022,000 for the sustainment of existing program operations
and personnel, on-site clinicians, the sustainment of family
support programs, CBP support networks, the expansion of
employee holistic health support centers, and the deployment of
Field Resilience teams consisting of Operational Psychologists
and Field Resilience Specialists. Not later than 60 days after
the date of enactment of this Act, CBP, in coordination with
the Office of Health Security, shall brief the Committee on an
obligation plan for this funding.
Border Security Operations
Border Patrol Checkpoints.--The Committee recognizes the
importance of facilitating security through the use of U.S.
Border Patrol (USBP) checkpoints throughout the country. The
Committee encourages CBP to prioritize the modernization of
USBP checkpoints. They are outdated and unable to safely and
efficiently accommodate increasing traffic volume, particularly
along routes with high rates of traffic, such as the Eagle Pass
and San Clemente checkpoints. The Committee also encourages CBP
to prioritize the modernization of checkpoints including
acceleration and deceleration lanes, lane expansions, vehicle
bollards, new signage, primary inspection booths, canine
facilities, canopy, lighting, technology, and facility updates
to increase public and agent safety. Not later than 120 days
after the date of enactment of this Act, CBP shall provide a
briefing to the Committee identifying the locations where
checkpoint modernization would be the most beneficial, the
associated cost estimates, and project risk considerations.
Additionally, the briefing shall include an assessment of
deploying and implementing technology and cargo inspection
processes that maximize the effectiveness and efficiency of
processing commercial vehicles. The briefing should also
include the feasbility of new Border Patrol checkpoints,
especially across the southwest border, aimed at increasing
narcotics interdiction.
Border Patrol Hiring.--The recommendation provides
$613,462,000 to sustain 22,000 Border Patrol Agents. CBP has
struggled to hire agents despite continued investment by the
Committee. CBP's top priorities should be growing the pipeline
of qualified applicants, further reducing attrition at the
Border Patrol Academy, and retaining the existing workforce.
The Committee directs CBP to use the funds provided that are
above onboard personnel levels for recruitment and retention
incentives. Not later than 90 days after the date of enactment
of this Act, CBP shall brief the Committee on its plans to
address hiring and retention challenges, including academy
attrition, and its plans to use any projected surplus personnel
funding for recruitment and retention incentives.
Carrizo Cane.--The recommendation provides $4,000,000 for
efforts to control the growth of carrizo cane along the Rio
Grande River in Texas. CBP shall continue to provide quarterly
updates on the performance of this program related to improved
visibility, biomass reduction, and miles of river treated.
Geospatial Data.--The Committee is aware of the challenges
associated with CBP's ability to access and utilize space-based
geospatial data and imagery to inform operational decision-
making at and near the northern and southern borders and
surrounding POEs. Critical gaps remain in the CBP's ability to
procure commercially available geospatial data and related
services in a way that will provide the historical and real-
time intelligence needed to secure the borders and optimize
resources and decision making. CBP shall brief the Committee
not later than 90 days after the date of enactment of this Act
on its current process for the evaluation, procurement,
integration, and distribution of space-based commercial data,
imagery products, and services.
Northern Border Resources and Encounters.--The Committee
recognizes the number of encounters between POEs along the
northern border and the importance of having resources to
adequately staff and secure this border. The Committee urges
the Department to prioritize deployment of agents and other
resources to sectors along the northern border where encounters
between POEs are increasing the most and to reduce future
deployments of agents from sectors to the southern border. Not
later than 90 days after the date of enactment of this Act, CBP
is directed to brief the Committee on efforts to address
staffing issues, alien encounters, and drug seizures on the
northern border.
Trade and Travel Operations
Agriculture Quarantine Inspection.--The Committee supports
robust funding for CBP's Agriculture Specialists, Technicians,
and Canine Teams. These personnel are critical to protecting
U.S. agriculture and the national food supply by conducting
inspections at the POEs to detect and prevent the entry of
harmful foreign animal diseases and plant pests, including
African Swine Fever. The Committee recognizes that an outbreak
of such diseases would have catastrophic consequences for
American livestock producers, rural economies, and national
food security. The Committee urges CBP to prioritize staffing
and training for these specialized teams and to ensure
sufficient resources are allocated to sustain and expand their
operations.
Automated Commercial Environment.--Not later than 30 days
after the date of enactment of this Act, CBP shall update the
Automated Commercial Environment system to enable export
carriers to close out customs bonds opened on their behalf by
the importing carriers and customs brokers.
Border Security Deployment Program (BSDP).--The Committee
recognizes the importance of a comprehensive, integrated, and
continuous surveillance and intrusion detection system provided
at CBP locations to improve the safety and security of CBP
officers and the traveling public. The recommendation includes
not less than $40,000,000 to maintain and modernize the BSDP
system infrastructure. The Committee directs CBP to provide a
briefing within 90 days of the date of enactment of this Act on
efforts to modernize this system.
Closed-Loop Cruise Ship Travel.--U.S. citizens who board a
cruise ship at a port or place within the United States, travel
entirely within the Western Hemisphere, and return on the
voyage on the same cruise ship to the same U.S. port or place
from which they departed, may present, rather than a passport,
a government-issued photo-identification document in
combination with other forms of identifying information. The
Committee believes that the adoption of this policy has
measurably contributed to the facilitation of secure travel for
a significant number of U.S. citizens and strongly encourages
CBP to continue to allow U.S. citizens to use documents other
than passports when on closed-loop travel.
Counterfeit Pharmaceuticals.--The Committee recognizes the
critical role of CBP in keeping the U.S. borders secure,
including through the seizure of counterfeit pharmaceutical
GLP-1 products that threaten patient safety. The Committee is
concerned about the importation of counterfeit GLP-1s from
manufacturers in foreign countries, such as China and India,
for use in manufacturing compounded anti-obesity medications,
putting American patients at risk. The Committee urges CBP to
strengthen enforcement against counterfeit GLP-1s entering
through POEs. The Committee strongly encourages CBP to dedicate
additional enforcement resources to the inspection and seizure
of illegal foreign pharmaceutical ingredients used to make
counterfeit GLP-1 medications.
Country-of-Origin Labeling for Canned Goods.--The Committee
is concerned that current labeling requirements on imported
canned food fail to adequately inform American consumers of the
country of origin of their food. The Committee directs CBP to
provide a report within 120 days of the enactment of this Act
on what is needed to implement country-of-origin labels on the
front or top of the imported agricultural products as defined
in section 207 of the Agricultural Marketing Act of 1946 (P.L.
79-733), as amended, that are packaged in a can.
DNA Verification.--The Committee understands that DNA
verification technology is currently deployed along the
southern border for basic relationship testing of family
members. Advancements in genomics may allow for additional
applications. CBP is encouraged to consult with relevant
stakeholders to determine whether there are additional use
cases for DNA verification for enhancing border security. Not
later than 120 days after the date of enactment of this Act,
CBP shall provide a briefing to the Committee on the potential
application of DNA verification technology at the southern
border.
Electronic Cigarettes (e-cigarettes).--The Committee is
deeply concerned about the vast quantities of e-cigarettes
being illegally imported into the United States. The Committee
directs CBP to coordinate with the Food and Drug Administration
(FDA), as part of the multi-agency task force on illegal e-
cigarettes; increase the number of random joint inspections at
POEs and targeted inspections of entries by known
manufacturers, brokers, and importers of illicit e-cigarettes;
increase the number of field examinations at POEs with high
import volumes to target manufacturers, importers, and brokers
known to engage in illicit activity; and improve screening
systems, by using risk-based analytics tools and through
additional training for field staff, to detect mis-declared e-
cigarette imports. Not later than 90 days after the date of
enactment of this Act, CBP shall provide a briefing to the
Committee detailing its efforts to combat illegal e-cigarette
importation.
Foreign Trade Zones (FTZ).--Not later than 120 days after
the date of enactment of this Act, CBP shall provide a briefing
detailing the assignment of CBP personnel, and their subsequent
time allocations spent on FTZ operations, including activation
and ongoing compliance checks, the current level of support
provided by CBP to FTZs, and plans for supporting the expanding
number of FTZs. Additionally, CBP shall include with the
briefing a plan for incorporating requirements relating to FTZs
in the Office of Field Operations (OFO) Workforce Staffing
Model.
High Throughput Screening.--The Committee recognizes the
value in exploring new and innovative high-speed, high-
throughput screening technology capable of rapid inspection of
small parcels, mail, and goods at the speed of modern automated
packaging handling. Within 90 days of the date of enactment of
this Act, the Committee directs CBP to provide a briefing on
its efforts to research and develop innovative security
screening technologies that could be deployed at international
mail facilities in the United States.
Low-Risk Air Travelers.--The Committee strongly encourages
CBP to utilize technology and innovation to facilitate and
expedite the processing of low-risk travelers at U.S. airports,
while enhancing security and enforcement, otherwise known as
Enhanced Passenger Processing. The Committee urges CBP to
consider new processes that meet its operational needs,
including for frequent travelers that have not enrolled in a
Trusted Traveler Program. Within 90 days of the date of
enactment of this Act, CBP shall submit a report to the
Committee on its efforts to utilize technology and innovation
to facilitate and expedite the processing of low-risk travelers
at U.S. airports. The report shall include steps CBP has taken
to meet or exceed the current level of security for processing
low-risk travelers, the efficiencies in CBP staffing, impacts
on the customer experience, and partnerships with the
commercial aviation stakeholder community.
New Land Ports of Entry.--The Committee recognizes the
importance of strategically located new land POEs in enhancing
cross-border trade, strengthening security, and reducing
pressure on existing ports' resources. Within 120 days of the
date of enactment of this Act, the Committee directs CBP to
provide a report detailing the agency's staffing plans for all
new land POEs currently under development and nearing
completion, including but not limited to the Gordie Howe
International Bridge, the Otay Mesa East, and the Douglas Land
Ports of Entry. This report shall include the anticipated
hiring timelines; projected numbers of officers and support
personnel; recruitment and retention strategies; plans for
personnel allocation within each respective Field Office's area
of responsibility; and any other relevant information necessary
to ensure the timely and efficient opening and sustained
operation of each new facility. The report shall also include
an estimate of the total costs associated with staffing,
recruitment, training, and operational readiness for each new
land POE.
Office of Field Operations Hiring.--The recommendation
provides $122,870,000 to hire an additional 450 OFO officers.
Passive Muon Tomography.--The Committee is aware of the
capability to effectively scan dense and/or shielded cargo
entering U.S. sea and land ports using a passive muon
tomography scanning system. The Committee encourages CBP to
deploy such technology to improve CBP's imaging capability of
dense cargo and determine additional uses for the technology in
CBP's layered enforcement system.
Port Baseline Service Level.--The Committee directs CBP to
provide each air, land, and sea port operator, including cruise
terminals, with information on baseline service levels and take
those service levels into consideration when acting on requests
for facility and security improvements. CBP should share
information on each POE's service levels with the port operator
and shall brief the Committee on current levels of service not
later than 90 days after the date of enactment of this Act. The
brief shall address staffing shortages; requirements for
facility and security upgrades; plans for technology
recapitalization; and how CBP will coordinate with port
operators and incorporate their feedback into the development
of plans to address future facility and security needs.
Port Hours of Operation.--The Committee recognizes that
ongoing reduced hours of operation at certain land POEs,
initially due to public safety concerns over COVID-19,
compromise the safety of travelers and border security
enforcement efforts. The Committee strongly encourages CBP to
prioritize restoring hours of operation at land POEs on both
the southern and northern border to those in effect prior to
the start of the COVID-19 public health emergency to enhance
border security efforts, cross-border economic activity, and
improve public safety. Within 90 days of the date of enactment
of this Act, CBP shall brief the Committee detailing all POEs
operating under reduced hours due to COVID-19 restrictions,
actions taken to return to pre-COVID-19 levels of operation,
and an assessment the feasibility of returning to pre-COVID-19
levels of operation.
Port Retrofit.--The Committee is concerned about CBP
progress to retrofit certain southwest POEs to reflect Land
Port of Entry Design Standards as published in December 2023,
under Chapter 7, Commercial Vehicle Inspection; 7.6.2 Dock
Components; Special Spaces. Not later than 90 days after the
date of enactment of this Act, CBP is directed to brief the
Committee on its plans to accommodate commercial shipments of
refrigerated and frozen goods at POEs including: Pharr, Texas;
Laredo, Texas; Nogales, Arizona; and Otay Mesa, California.
Port Runners.--The recommendation provides $3,000,000 to
continue demonstrations of less-than-lethal, energy-absorbing
active vehicle barrier systems designed to deter, safely stop,
and contain ``port runner'' vehicles at CBP POEs that have a
history of port running to determine the scalability of the
technology. Within 90 days of the date of enactment of this
Act, CBP shall brief the Committee on plans to expand this
effort.
Port Staffing.--The Committee notes that although OFO has
been successful in hiring to its allocated level of CBP
officers, some land POEs have consistently faced staff
recruitment and retention challenges primarily due to the
remoteness of the location. The Committee encourages OFO to
strategically allocate sufficient staffing at remote land POEs
with an international rail bridge to adequately conduct rail
inspections and operations to bolster cross-border trade and
further secure the transportation of goods.
Port Technology Upgrades.--The Committee encourages CBP to
prioritize funding for License Plate Reader technology, Radio-
Frequency Identification technology, and booth installations
for land POEs that require technology upgrades or expansion to
accommodate current levels of high cross-border traffic,
including where existing inspection lanes are readily available
for operation.
Resource Allocation Model (RAM).--Any modifications to the
RAM shall be described at the field and office level in future
budget submissions. Additionally, not later than 60 days after
the date of enactment of this Act, CBP shall brief the
Committee on resource and staffing shortfalls on the northern
and southern borders compared to levels prescribed by the RAM
for rail crossings and POEs in the land, air, and sea
environments, including cruise ship terminals. CBP is
encouraged to continue to improve the model by seeking external
review.
Solar Panel Stockpiling.--The Committee is aware that
Chinese solar companies have been found to be shipping products
through Southeast Asian countries for minor processing in an
attempt to avoid paying China antidumping and countervailing
duties. The Committee encourages CBP to dedicate adequate
resources to enforcing the anti-stockpiling utilization
requirement detailed in the notice concerning the Antidumping
and Countervailing Duty Orders on Crystalline Silicon
Photovoltaic Cells and Modules Imported from Cambodia,
Malaysia, Thailand, and Vietnam (88 Fed. Reg. 57419). The
Committee encourages CBP to enforce, to the extent possible,
the anti-stockpiling utilization requirement by assessing civil
penalties and seizure of merchandise. Not later than 90 days
after the date of enactment of this Act, CBP shall submit a
report detailing enforcement efforts including any
questionnaires that were sent to importers, documents that were
requested from importers, on-site efforts to verify anti-
stockpiling requirements were met, the number of enforcement
actions taken, and the cumulative amount duties collected by
such enforcement efforts.
Staffing at Largest Airports.--The Committee strongly
encourages CBP to ensure adequate hiring, training, and
staffing levels to support operations at the top 10 U.S. air
POEs, as determined by passenger enplanements measured by the
Federal Aviation Administration.
Tariff Evasion.--The recommendation provides $5,000,000 to
conduct operational demonstrations to further leverage private
sector-driven solutions that may aid with improving supply
chain tracing, the classification of goods, trade revenue
collection, and segmentation of shipments at high-risk for
tariff evasion or other violations of U.S. trade and customs
laws. This may include supply chain traceability solutions
explored under the Global Business Identifier (GBI) Test that
increase visibility into production supply chains as well as
other solutions that streamline operations, promote cargo
security and compliance, and secure revenue owed. The Committee
is aware that the Office of Trade has worked with data
providers to evaluate unique identifiers for supply chain
parties involved in the production of goods and other
technology solutions which are intended to increase overall
supply chain visibility, reduce the potential for tariff
evasion, and drive enhanced data analytics with which to manage
trade threats. Not later than 180 days after the date of
enactment of this Act, CBP shall brief the Committee on the
results of this operational demonstration to expand the use of
data analytics in tandem with GBI and other tests or pilots
that CBP is conducting to counter trade-related violations.
Trusted Traveler Program Transparency.--The Committee
directs CBP to brief the Committee not later than 120 days
after the date of enactment of this Act and semiannually
thereafter on recommendations to increase its transparency and
agency communications with Trusted Traveler Program enrollees
in the event of a revoked, suspended, or terminated Trusted
Traveler Program status.
User Fee Airports.--The Committee strongly encourages CBP
to give priority staffing consideration, on an overtime basis,
to existing User Fee Airports to support scheduled
international airline service starting no earlier than January
1, 2026. Further, not later than 90 days after the date of
enactment of this Act, CBP shall brief the Committee on any
requests by airports for increased CBP support, such as the
request from the San Bernardino International Airport. The
briefing shall detail the anticipated passenger and/or cargo
volumes of the applicant and the reason for CBP accommodating
or denying such requests.
Integrated Operations
Air and Marine Operations Flight Hours.--Not later than 120
days after the date of the enactment of this Act, CBP Air and
Marine Operations (AMO) shall provide a plan to achieve not
fewer than 110,000 flight hours.
Center for Air and Marine Drone Exploitation (CAMDEx).--The
recommendation provides $5,000,000 to sustain and expand a
drone exploitation program within CBP AMO to counter threats
posed by hostile Small Unmanned Aerial Systems (sUAS). The
funds shall be used for data analysis, cybersecurity
vulnerability assessments, and appropriate countermeasures.
Within 180 days of the date of enactment of this Act, CBP, in
coordination with the Science and Technology Directorate (S&T),
shall brief the Committee on the program's progress.
DHC-8 Multi-Mission, Fixed-Wing Aircraft.--The
recommendation provides $42,000,000 to accelerate the upgrade
of DHC-8 aircraft to replace obsolete equipment with new
digital avionics, mission radios, an integrated communication
system, and an enhanced software package.
Long-Endurance Unmanned Aircraft Systems (UAS).--The
recommendation provides $10,000,000 for technical and
operational demonstrations of additional Group 4 or Group 5
unmanned aircraft with multi-mode radar surveillance payloads
and the necessary support equipment for integration into the
national airspace system for CBP operations to enhance
interdiction efforts, reduce operational costs, and increase
continuous aerial surveillance of high-risk areas. The
Committee directs CBP AMO to provide a briefing not later than
180 days after the date of enactment of this Act on the
deployment plan, cost-benefit analysis, and performance metrics
associated with the operational demonstration.
Maritime Threat Reporting.--The Committee supports CBP
AMO's ability to effectively respond to maritime threats and
situations, specifically suspect vessels involved in human
trafficking or drug smuggling. Within 180 days of the date of
enactment of this Act, CBP, in coordination with the Coast
Guard, shall report to the Committee on maritime threats
intercepted during fiscal year 2025, including:
(1) the number of suspect vessels intercepted;
(2) the aggregate number of aliens interdicted and
trafficking victims identified;
(3) drugs or other illicit substances interdicted on
suspect vessels, if any; and
(4) additional technology or personnel that would
improve response to maritime threats.
Minotaur.--The government-owned Minotaur software currently
in use by CBP fixed-wing air assets links sensors, camera,
radar, and other communications equipment into a single system
to allow for situational awareness and tactical action across
multiple DHS components. The Committee encourages CBP to
upgrade cybersecurity, cyber resiliency, authority to operate
compliance requirements, and increase training for Minotaur
operators.
Enterprise Services
Artificial Intelligence.--The Committee is encouraged by
CBP's continued use of AI, particularly at the southern border
for surveillance towers and to visually screen passenger
vehicles and cargo conveyance. However, the Committee is
concerned that AI models used to protect our national security
can be subverted, allowing criminals and terrorists to freely
enter the country, drugs and weapons to pass screening, and
other malicious activities to go undetected. The Committee is
also concerned with new threats that may arise from the
increased use of generative AI or large language models and
what, if any, new challenges to cybersecurity these new
capabilities introduce into CBP operations. Not later than 120
days after the date of enactment of this Act, CBP is directed
to brief the Committee on the potential use of commercially
available purpose-built cybersecurity for AI.
Artificial Intelligence for Front Line Border Security/
Enterprise and Edge Computing.--The Committee is encouraged by
commercial advancements in AI and edge computing to address
border security operations. Integrating Internet of Things
(IoT) sensors, capturing real-time data from multiple border
domains, and leveraging intelligence data enhances situational
awareness by providing a strategic and operational picture on
movement, environmental conditions, and potential threats.
Processing data at the edge allows for faster decision-making,
reducing latency and reliance on systems that may be vulnerable
to disruption. Not later than 270 days after the date of
enactment of this Act, CBP shall brief the Committee on the
potential to use these capabilities to enhance border security
operations, including enhancements for small object detection
and motion detection to improve situational awareness.
Cybersecurity.--The technologies and communication systems
that underpin U.S. border security are increasingly targeted by
cyberattacks and cyber espionage, posing a direct threat to
national security. The Committee encourages CBP to implement a
proactive strategy to support real-time threat intelligence,
risk-based prioritization, and continuous monitoring of
critical border security technologies. Not later than 90 days
after the date of enactment of this Act, CBP is directed to
brief the Committee on efforts to assess, prioritize, and
mitigate cybersecurity vulnerabilities and misconfigurations
across all IT, Operational Technology, and IoT assets within
the border security technology ecosystem.
Encryption.--The recommendation provides $3,500,000 to
expand the use of Post-Quantum Cryptography for operational
use, to include testing one-time pad-based encryption system
utilizing true random entropy generation and changing symmetric
keys to defend against quantum computer-driven hacking and
intrusion threats. CBP is strongly encouraged to test this
encryption to secure border security technology at the edge and
communications devices connecting these systems together while
also expanding their operational use of Post-Quantum
Cryptography.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2025....................... $850,170,000
Budget request, fiscal year 2026...................... 765,762,000
Recommended in the bill............................... 898,118,000
Bill compared with:
Appropriation, fiscal year 2025..................... +47,948,000
Budget request, fiscal year 2026.................... +132,356,000
Within the total amount provided, the recommendation
includes: $346,000,000 for border technology procurement, of
which $105,000,000 is for the Integrated Surveillance Tower
Program; $60,000,000 is for autonomous surveillance towers;
$66,500,000 is for Light Enforcement Helicopters; $66,000,000
is for Multi-Role Enforcement Aircraft; and $29,700,000 is for
UH-60 Medium Lift Helicopters.
Border Security Assets & Infrastructure
Autonomous Surveillance Towers (AST).--The Committee
recognizes the AST program provides the ability to quickly
identify illicit border crossings and notes the support of
Border Patrol Sector Chiefs and agents for this force-
multiplying capability. The recommendation provides $60,000,000
to continue to modernize surveillance capabilities with
autonomous technologies to include the procurement of standard,
maritime, cold weather, and long-range AST variants to reduce
reliance on Border Patrol agents to manually operate equipment.
Border Technology Innovation.--The Committee continues to
direct CBP to make innovation a central element of all requests
for proposals and require vendors to describe in detail how
such proposals will provide an innovative solution to improve
mission effectiveness beyond that of currently deployed
systems. Not later than 90 days after the date of enactment of
this Act, CBP, including the CBP Chief Acquisition Executive,
shall brief the Committee on a plan to include innovation as
scored evaluation criteria for every border security
procurement.
Consolidated Tower and Surveillance Equipment (CTSE).--The
Committee understands the recent technological advances within
the CTSE program and encourages CBP to quickly test and
implement autonomous capability to modernize and deploy
surveillance towers. The Committee strongly encourages the
rapid integration of AI to allow CBP personnel to spend more
time in the field. Not later than 60 days after the date of
enactment of this Act, CBP is directed to brief the Committee
on the status of the CTSE program, test results for additional
autonomous capability, and any impediments to the deployment of
CTSE program towers.
Counter Unmanned Aerial Systems.--The Committee recognizes
the growing threat that unmanned aerial systems present to our
border, critical infrastructure, and other critical
governmental operations. The Committee encourages CBP to
explore a portable detection and identification system for
countering sUAS. Not later than 120 days after the date of
enactment of this Act, CBP shall brief the Committee on its
efforts to counter sUAS. The recommendation provides
$25,000,000 to detect and mitigate the persistent drone threat
along the southern and northern border.
Cross-Border Tunnel Threat Detection.--The Committee is
concerned about the threat posed by TCOs' use of subterranean
tunnels and underground municipal infrastructure at the
southern border to smuggle drugs like fentanyl, weapons, and
other illicit materials into the country. The Committee remains
alarmed over the Department's failure to integrate this threat
into wider strategic planning efforts and resource allocation
decisions. The recommendation provides $35,000,000 for
subterranean detection technology investments. The Committee
directs CBP to provide a briefing on the plans to deploy,
operate, and maintain cross-border tunnel detection technology
not later than 90 days after the date of enactment of this Act.
Dark Drones.--The Committee appreciates that drones have
become a predominant means of TCOs to exploit U.S. borders,
smuggle contraband, perform reconnaissance on smuggling routes,
and conduct counter surveillance on border security law
enforcement officers and equipment. Cartels have begun using
``dark drones,'' which do not emit a radio frequency (RF)
signal and therefore evade traditional RF detection methods.
Not later than 120 days after the enactment of this Act, CBP
shall brief the Committee on its efforts to counter ``dark
drones.''
Enhanced Communications Capabilities.--The recommendation
provides $36,000,000 for land mobile radios, Team Awareness
Kits, and satellite communications to extend connectivity for
agents where commercial cellular service is not present, of
which $6,000,000 shall be for communications upgrades to
include edge AI and machine learning across high and low
bandwidth systems.
Integrated Surveillance Tower Program.--The recommendation
provides $105,000,000 for the Integrated Surveillance Tower
Program. Over the past four fiscal years, the Committee has
strongly encouraged adoption of autonomous technology and will
discontinue investments to procure non-autonomous tower-based
technology in fiscal year 2027. Not later than 90 days after
the date of enactment of this Act, CBP shall brief the
Committee on the status of autonomy in the tower program,
current testing and validation methodology, and any impediments
to procuring fully autonomous systems.
INVNT Program.--The recommendation provides $20,000,000 for
CBP's INVNT Program, of which not more than $5,000,000 shall be
available for each specific technology project.
Mesh Network.--The recommendation includes $20,000,000 for
the continued deployment of interoperable mesh communications
equipment and devices that enable communication connectivity in
denied and degraded locations enhancing officers' and agents'
safety.
Mobile Surveillance Platforms.--The recommendation provides
$30,000,000 for mobile surveillance platforms, including the
Mobile Video Surveillance System, and Mobile Surveillance
Capability. The Committee strongly encourages investments in
remote and autonomous operations using advanced AI and
encourages CBP to consider upgrading current systems with
additional capabilities such as radar and other enabling
technologies to increase situational awareness. Additionally,
the Committee encourages CBP to consider re-using components of
the existing mobile surveillance systems where practical to
reduce procurement costs.
Obligation Plan.--The Commissioner is directed to
prioritize procurement of the most cost-effective technologies
based on lifecycle costs, system availability, reduced
requirements for personnel, and input from sector leadership.
CBP shall provide a briefing to the Committee on a plan for the
obligation of the funds provided within the ``Border Security
Assets and Infrastructure'' PPA at least 15 days prior to any
obligation. The plan shall require the direct approval of the
Commissioner and include:
(1) details about the process for prioritizing the
use of funds;
(2) a summary of planned obligations for fiscal year
2026, delineated by technology type;
(3) metrics that will be used to assess the cost
effectiveness of each type of technology for which
funds will be obligated and a plan for collecting the
data required for such metrics; and
(4) operational effectiveness data to support
continued procurement investments, including evidence
of support from sector leadership based on actual use
of the technology.
CBP shall notify the Committee at least 15 days prior to
the obligation of any funds based on a change to the initial
obligation plan.
Small Unmanned Aerial Systems.--The Committee continues to
recognize the growing threat of sUAS, both homemade and
commercial, along the southern border. To protect against this
rapidly growing and evolving threat, the Committee encourages
CBP to consider expanding radio frequency (RF) sensing to
detect, track, and identify all RF-based drones including
spoofed or encrypted drones, regardless of manufacturer.
Further, the Committee strongly encourages CBP to enhance
current detect, track, and identify capabilities to detect sUAS
at greater distances through both long-range radar and long-
range camera for visual confirmation, and develop and deploy
advanced jammer-based mitigation and RF-cyber takeover
mitigation, deemed safe and effective for use in the National
Airspace System, that are effective against multiple sUAS as
the threat evolves. The recommendation provides $15,000,000 for
the acquisition of small unmanned systems to support border
security operations.
Trade & Travel Assets & Infrastructure
Land Port of Entry (LPOE) Infrastructure Capital Plan.--Not
later than 30 days after the submission of the budget request
for fiscal year 2027, the Commissioner shall submit a report
that details its prioritization of LPOE infrastructure capital
investment projects, the methods and models used to determine
prioritization, and an overview of public-private partnership
agreements. CBP shall work with the General Services
Administration and the Office of Management and Budget (OMB) on
the annual 5-year LPOEs modernization plan, which is based on
CBP's operational priorities. Specific attention should be paid
to the health, safety, and welfare needs of CBP Officers.
Special consideration shall also be made for facilities where
reconfiguration or upgrades will improve the flow of local
traffic and allow local residents to move freely in their
communities. The report shall align with the annual LPOE
priority list, outline projected CBP costs, explain how CBP
will engage with State and local entities, and the specific
milestones and timeline for the project completion.
Mobile Vehicle Scanning Systems.--The Committee remains
concerned over CBP's exceedingly slow pace of deployment of
Non-Intrusive Inspection (NII) commercial and passenger vehicle
screening units, including the inability to appropriately plan
and cost for civil works construction. The Committee directs
CBP to acquire and deploy mobile scanning systems that allow
for quick setup for both passenger and commercial vehicle
scanning as a supplement to the Multi-Energy Portal and Low-
Energy Portal, especially in locations not suitable for those
systems. The Committee encourages CBP to consider systems
equipped with backscatter and transmission imaging
capabilities, along with advanced image-processing techniques,
AI tools, and radiation detection equipment with the ability to
detect a comprehensive range of vehicle-based threats,
including fentanyl and other narcotics, stowaways, metals used
in weaponry, and nuclear materials. CBP shall brief the
Committee not later than 60 days after the date of enactment of
this Act on its acquisition and deployment plans for mobile
scanning systems.
Non-Intrusive Inspection Technology.--The Committee
recommends $300,000,000 for NII technology at land- and sea-
POEs. CBP shall execute these funds as follows: $220,000,000 to
procure and deploy new non-intrusive detection devices, of
which $25,000,000 shall be for mobile vehicle scanning systems;
$29,000,000 for IT infrastructure; $25,000,000 for AI and
machine learning capabilities; $20,000,000 for system
integration; and $6,000,000 for command center construction.
CBP shall provide a briefing to the Committee on a plan for the
obligation of these funds at least 15 days prior to any
obligation. The Committee is aware that CBP has successfully
piloted a commercial-off-the-shelf integration platform as part
of the Non-Intrusive Inspection Technology Integration (NII-I)
program at select POEs on the southern border, which
significantly increased daily cargo inspections and improved
contraband detection resulting in increased seizures along the
border. The Committee encourages CBP to continue working
expeditiously with industry on their successful NII-I program,
which enhances CBP's ability to collect and curate data to
support operational objectives and the development of AI
capabilities. CBP is directed to brief the Committee not later
than 60 days after the date of enactment of this Act on the
status and results of their NII-I program.
Integrated Operations Assets & Infrastructure
Air and Marine Helicopter Modernization.--The
recommendation provides $29,700,000 to convert at least two
helicopters to the CBP UH-60L configuration. Not later than 120
days after the date of enactment of this Act, CBP shall brief
the Committee on its efforts to develop alternative approaches,
including a partnership with the U.S. Army, that may reduce the
cost to field and sustain future medium lift helicopters.
Health and Usage Monitoring System (HUMS).--CBP is strongly
encouraged to conduct a feasibility study on HUMS for the Light
Enforcement Helicopter used by CBP's AMO and the potential to
increase aircraft availability, reduce operations and
maintenance costs, and increase safety.
Light Enforcement Platform (LEP).--The recommendation
provides $66,500,000 to purchase not less than seven LEP
helicopters that will allow CBP to continue to transition to
one light helicopter platform, improve operational efficiency,
and enhance the safety of CBP AMO pilots.
Medium Unmanned Aircraft System (mUAS).--The Committee
understands that CBP AMO intends to establish a program of
record for mUAS to augment existing aerial surveillance
capabilities in both land and maritime environments. To enhance
the operational effectiveness of mUAS in detecting, tracking,
and reporting illicit activity, the Committee encourages CBP to
incorporate lightweight multi-mode radar surveillance payloads
as part of its program requirements. The Committee notes that
such sensor capabilities are consistent with other CBP AMO
platforms, including the Multi-role Enforcement Aircraft (MEA),
MEA-Land Interdiction, and the CBP's MQ-9 Big Wing UAS.
Multi-Role Enforcement Aircraft.--The recommendation
provides $66,000,000 for two MEAs to expand CBP's ability to
conduct maritime, air, and land surveillance at our Nation's
borders.
U.S. Immigration and Customs Enforcement
Appropriation, fiscal year 2025..................... $10,042,062,000
Budget request, fiscal year 2026.................... 10,881,035,000
Recommended in the bill............................. 11,002,045,000
Bill compared with:
Appropriation, fiscal year 2025................... +959,983,000
Budget request, fiscal year 2026.................. +121,010,000
Mission
U.S. Immigration and Customs Enforcement (ICE) enforces
Federal laws governing border control, customs, trade, and
immigration to promote homeland security and public safety.
Homeland Security Investigations (HSI) conducts criminal
investigations into the illegal movement of people, goods,
money, contraband, weapons, and sensitive technology into, out
of, and through the United States. HSI special agents also
investigate overseas transnational criminal activity impacting
the Nation, working to disrupt and dismantle organizations
responsible for exploitation of the most vulnerable
populations.
Enforcement and Removal Operations (ERO) enforces the
Nation's immigration laws by identifying and apprehending
removable aliens, detaining apprehended individuals when
necessary, and removing them from the United States in a manner
consistent with legal processes and procedures.
The Office of the Principal Legal Advisor (OPLA) serves as
the representative for the U.S. Government in immigration
removal proceedings before the U.S. Department of Justice
Executive Office for Immigration Review (EOIR) and provides
legal counsel to ICE personnel on their law enforcement and
immigration authorities.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2025....................... $9,986,542,000
Budget request, fiscal year 2026...................... 10,840,635,000
Recommended in the bill............................... 10,967,045,000
Bill compared with:
Appropriation, fiscal year 2025..................... +980,503,000
Budget request, fiscal year 2026.................... +126,410,000
The bill continues language requiring ICE to provide an
initial obligation plan to the Committee within 45 days of the
date of enactment of this Act. ICE shall also continue the
monthly reporting requirements outlined in the explanatory
statement accompanying Public Law 118-47 and incorporate data-
driven projections into such requirements to fully account for
ICE's mission impacts throughout the fiscal year.
ICE is expected to continue briefing the Committee on its
financial and reporting system, as directed in the explanatory
statement accompanying Public Law 117-328. Additionally, ICE is
directed to continue the requirement found under the heading
``Contract Notifications'' in the explanatory statement
accompanying Public Law 118-47 for contracts that exceed
$10,000,000 related to the following:
(1) detention operations, including medical and
mental health services and other personnel services at
detention facilities;
(2) alternatives to detention programs;
(3) transportation and removal operations; and
(4) data services.
The Committee remains concerned with ICE's financial
management practices, detailed in GAO-24-106550, ``Additional
Steps Needed to Improve ICE's Budget Projections and
Execution,'' which have led to an inappropriate and
disproportionate reliance on reprogramming and transfer
authority to ensure solvency at the end of any given fiscal
year over the past decade. Actions already taken in fiscal year
2025 are especially egregious--ICE began spending more than its
appropriated level shortly after the fiscal year commenced and
operations now far exceed available resources. In order to
sustain this heightened operational tempo, ICE has and will
likely continue to use the bill's transfer and reprogramming
authority to the maximum extent, once again taking from other
components' operational priorities.
While the Committee recognizes the dynamic environment in
which ICE must function, neither ICE nor the Department should
rely on other components to fund the deficits that ICE itself
often creates. Not only does that presuppose that other
missions within DHS are less important, but it also sets the
precedent that the Department can shift funding away from
congressional priorities within other components to compensate
for ICE's budgetary mismanagement. This is unacceptable and
should no longer be the standard by which OMB, the Department,
and ICE conduct their fiscal management. As such, ICE shall
expeditiously implement the recommendations from GAO-24-106550
and update the Committee on a monthly cadence to ensure
appropriate congressional oversight.
In House Report 118-123 accompanying Public Law 118-47, ICE
was directed to better utilize Department-wide, data-driven
projections for encounter levels, interior enforcement actions,
and policy considerations to better inform the agency of
funding requirements throughout the fiscal year. Therefore,
ICE's Program Analysis and Evaluation division shall perform an
assessment of ICE's budgetary models on a quarterly basis and
incorporate the data outlined above and in House Report 118-123
to robustly project ICE's resource needs. ICE is directed to
inform the Committee of findings not later than five business
days after each assessment.
ICE was provided an additional $485,000,000 within Public
Law 119-4 to support considerable increases in detention,
transportation, and removal operations beginning in the second
quarter of fiscal year 2025. The Committee was assured that
such funding would be sufficient for the remainder of the
fiscal year. After receiving the spend plan required by Public
Law 119-4, the Committee was informed that such funds would be
inadequate to sustain ICE's operational tempo given ICE's
current and anticipated detention and removal levels.
While the Committee supports enhancements to ICE's
enforcement and removal apparatus, allowing operations to
significantly exceed available resources is wholly
irresponsible and perpetuates fiscal mismanagement within the
agency for which Congress is forced to account. Such decisions
also create an environment in which the Department may be
compelled to release tens of thousands of aliens from detention
and halt certain removal operations if the necessary resources
are not provided. As ICE works with the Committee to refine its
deficit projections for the remainder of the fiscal year, ICE
is directed to incorporate monthly estimates of operational
requirements and their impact on resources into the required
monthly staffing and execution briefings found under the
heading ``Monthly Reporting Requirements'' in the explanatory
statement accompanying Public Law 118-47.
Homeland Security Investigations
The recommendation provides a total of $2,545,487,000 for
HSI, including $2,218,106,000 for Domestic Investigations,
$220,289,000 for International Investigations, and $107,092,000
for Intelligence.
Additional Criminal Investigators and Support Staff.--The
recommendation includes an increase of $15,000,000 to hire
additional criminal investigators and associated support staff
for both domestic and international operations. As HSI's broad,
cross-border authorities allow the agency to initiate and
participate in a wide array of investigations, staffing levels
must be commensurate with the increased workload. HSI shall
provide an obligation plan for these funds within 30 days of
the date of enactment of this Act, detailing the enhancements
by investigative mission area.
Advanced Analytics for Counter-Proliferation
Investigations.--The Committee urges HSI to implement software
within the Counter-Proliferation Investigations Program that
utilizes advanced analytics to correlate open source,
commercial, and native agency data.
Blue Campaign.--The bill continues a provision that allows
for the transfer of not less than $5,000,000 from other
departmental components to HSI for necessary operations of the
Blue Campaign. HSI shall provide a detailed accounting of
fiscal year 2026 base funding requirements and an overview of
the effort within 180 days of the date of enactment of this
Act.
Border Enforcement Security Task Forces (BESTs).--The
Committee provides $5,000,000 to support BESTs in their efforts
to combat illicit activities of transnational criminal
organizations (TCOs), with an emphasis on countering fentanyl
initiatives. The Committee is also concerned about the
increased importation of counterfeit and illicit active
pharmaceutical ingredients, including synthetic semaglutide.
Within the additional funds provided, BESTs shall enhance
detection, seizure, and investigation of these counterfeit
ingredients.
Center for Countering Human Trafficking (CCHT).--The
recommendation includes an increase of $5,000,000 for
activities within the CCHT. HSI shall provide quarterly
briefings on CCHT activities and future resource requirements
beginning not later than 90 days after the date of enactment of
this Act. The Committee urges HSI and the CCHT to coordinate
with the Federal Law Enforcement Training Centers to ensure
human trafficking awareness trainings conducted for Federal and
SLTT law enforcement are appropriately standardized.
Child Exploitation Investigations.--The recommendation
provides an increase of $5,000,000 for the Child Exploitation
Investigations Unit within HSI's Cyber Crimes Center to provide
additional investigative, forensic, and analytical support for
these efforts. HSI is urged to continue collaborating with
partner nations and international stakeholders on victim
identification techniques.
Combatting Transnational Crime Overseas.--The
recommendation includes $6,000,000 for combatting transnational
crime overseas, including $1,000,000 for new transnational
criminal investigative units.
Coordination and Notifications.--The Committee notes that
unaccompanied alien minors continue to be vulnerable to labor
and sexual exploitation and urges HSI to consider proactive
measures to protect this population from such illicit activity.
HSI shall continue to provide quarterly updates on the number
of referrals of potential instances of human trafficking from
the Office of Refugee Resettlement within the Department of
Health and Human Services, consistent with the requirements
identified in the explanatory statement accompanying Public Law
118-47 under this heading.
Counterfeit Semiconductors.--The Committee is concerned
that foreign adversaries have attempted to flood the U.S.
marketplace with counterfeit semiconductor parts and materials,
particularly those that are found within the high-reliability
semiconductor ecosystem, posing a significant national security
risk. The Committee is further concerned that some commercial
providers of semiconductor part authentication services neglect
to follow proper processes and procedures, which can then lead
to the introduction of counterfeit parts into the supply chain.
The recommendation includes $1,000,000 for HSI to create a task
force to target counterfeit semiconductor materials in the
marketplace and global supply chains. The task force shall
include other federal, SLTT, and industry stakeholders to
establish policies and procedures for combating these
counterfeit materials. The task force shall also determine best
practices for validating approved counterfeit semiconductor
mitigation services. HSI is instructed to brief the Committee
within 90 days of the date of enactment of this Act on efforts
to create the task force, challenges that arise in the
establishment of such task force, and additional resource
requirements necessary for further implementation.
Digital Forensic Tools and Analytics.--Within funds
provided, HSI is encouraged to procure technologies that
analyze collected digital forensics intelligence to enhance
HSI's investigative capabilities. Such tools may include data
mining and predictive analytics, secure digital evidence
storage and sharing, and specialized training for HSI criminal
investigators.
Fentanyl Detection.--The Committee remains concerned about
the significant threat posed by the smuggling of narcotics,
including synthetic opioid fentanyl, through POEs and
transportation hubs and recognizes the challenges of using
conventional detection methods to address such threat. As such,
the recommendation includes an increase of $5,000,000 to
support procurement of technologies that utilize artificial
intelligence and machine learning to enhance traditional
detection methods. Not later than 90 days after the date of
enactment of this Act, HSI shall provide a briefing on the
procurement and implementation progress of such technologies
and future resources needed to further augment detection
capabilities.
Fentanyl Precursors.--While the majority of the fentanyl
that continues to devastate American communities is smuggled
across our borders as a finished product, domestic
manufacturing of fentanyl is steadily increasing. Often under
derivative names to mask their true purpose, precursor
chemicals available online are a critical component to fentanyl
manufacturing. The recommendation includes an increase of
$3,000,000 above the fiscal year 2025 enacted level to enhance
HSI's analytical ability to identify and compile all
nomenclature associated with precursor chemicals, interrupt
online operations, map distribution networks, and obtain
express consignment shipment data to interdict these chemicals.
Forced Labor.--HSI shall continue to provide the briefing
required under this heading found in House Report 118-123
accompanying Public Law 118-47. The recommendation includes an
additional $2,000,000 for forced child labor investigations.
Fraudulent International Driving Documentation.--The
Committee is concerned by the proliferation of fraudulent
international driving documentation by operators of commercial
motor vehicles and directs HSI to assess the scope and impact
of such fraudulent documentation. Not later than 180 days after
the date of enactment of this Act, HSI shall coordinate with
appropriate federal and SLTT agencies for such assessment and
submit a report detailing findings and recommendations for a
coordinated enforcement strategy to detect, deter, and prevent
continued used of fraudulent documentation within the
transportation supply chain.
Human Exploitation Rescue Operation (HERO) Child-Rescue
Corps Program.--The Committee supports the HERO Child-Rescue
Corps program and provides an additional $1,000,000 for HERO
training. HSI shall provide an update within 180 days of the
date of enactment of this Act on the number of HERO graduates
hired and retained within HSI, as well as further resource
requirements to expand the program.
Human Rights Violators.--The Committee continues the
requirements found under this heading in House Report 118-123
accompanying Public Law 118-47.
Illegal E-Cigarette Importation.--The Committee provides
$2,500,000 to increase criminal investigations of illegal e-
cigarette importation and misdeclarations of illicit e-vapor
products.
Illegal Grow Operations.--In satisfying the requirement
found under this heading in the explanatory statement
accompanying Public Law 118-47, HSI detailed investigative
methods used to combat illegal grow operations in the United
States controlled by TCOs based in the People's Republic of
China and elsewhere. HSI is encouraged to continue these
methods and shall update the Committee on a quarterly basis on
resource and authorization needs to further advance these
efforts.
Image Recognition Technology.--The Committee recognizes the
importance of open-source intelligence and facial recognition
technology capabilities in investigating the illicit activities
of large TCOs and provides $5,000,000 to expand and enhance
such capabilities. Not later than 120 days after the date of
enactment of this Act, HSI is directed to provide a spend plan
for these funds and brief the Committee on the interoperability
of facial recognition with current investigative technologies.
The briefing shall also include an assessment of initiatives to
reduce HSI's reliance on facial recognition and open-source
intelligence tools that are provided by foreign owned-and-
operated contractors.
Intellectual Property Rights (IPR) Center.--The Committee
directs ICE to provide quarterly briefings on its enforcement
priorities within the IPR Center, beginning not later than 90
days after the date of enactment of this Act.
International Operations.--HSI shall continue providing the
Committee with a strategic plan for international operations,
as directed in the explanatory statement accompanying Public
Law 117-328. The recommendation includes an increase of
$5,500,000 for HSI to expand its presence overseas and increase
the number of transnational criminal investigative units. HSI
is instructed to provide an execution plan for these funds and
include details of additional resource needs to support the
international mission.
International Trade.--The recommendation includes
$5,000,000 for additional investigative capacity related to
international trade crime. HSI shall provide quarterly updates
to the Committee on the number of referrals made to the
Department of Justice Trade Fraud Task Force as a result of
this additional capacity.
Investigative Workload.--Within 90 days of the date of
enactment of this Act, HSI shall submit a report on the
following with regard to investigative hours in fiscal year
2025 related to:
(1) violations of the Immigration and Nationality
Act;
(2) the Student and Exchange Visitor Program and
results of such investigations;
(3) worksite enforcement and results of such
investigations; and
(4) counter-proliferation and national security and
results of such investigations.
Missing and Murdered Indigenous Women.--The Committee is
concerned with human trafficking and other illicit activities
on Tribal nation land and directs HSI to partner with the
Missing and Murdered Unit within the Bureau of Indian Affairs'
Office of Justice Services to aid in human trafficking
investigations that cross Tribal lands. Not later than 180 days
after the date of enactment of this Act, HSI shall submit a
report on coordination efforts, jurisdictional or other
challenges, and resources needed to enhance the partnership
between the two agencies. The recommendation includes an
increase of $1,000,000 to support such partnership and expand
the Shadow Wolves unit.
Organized Retail and Supply Chain Crime.--The Committee
provides $2,000,000 to establish a multi-agency, intelligence-
based, and prosecutor-led Organized Retail and Supply Chain
Crime Coordination Center to identify, disrupt, and dismantle
TCOs that put the Nation's supply chain at risk. The Center
shall coordinate with appropriate federal agencies, including
but not limited to the Federal Bureau of Investigation; Drug
Enforcement Administration; and relevant agencies within the
Department of Justice, to collect and analyze data from
relevant stakeholders to identify regions, modes of
transportation, and specific distribution and retail networks
that are experiencing high volumes of organized crime to better
inform HSI's response to such criminal activity. The Committee
directs HSI to brief the Committee within 90 days of the date
of enactment of this Act on the status of the implementation of
the Center and any challenges in its establishment. The
briefing should also include an overview of the unmet resource
needs and future resource requirements.
Personnel Well-Being.--The Committee is concerned about the
mental and emotional well-being of HSI agents who primarily
focus their efforts on child sexual exploitation and abuse
(CSEA) investigations, especially given the disturbing nature
and rapid growth of CSEA over the past decade. HSI is directed
to provide a briefing within 90 days of the date of enactment
of this Act on mental health resources available to HSI
personnel, current policies and procedures to determine
personnel resiliency, and any additional funding requirements
to enhance currently available resources.
Repository for Analytics in a Virtualized Environment
(RAVEn).--The Committee continues the requirement found under
this heading as described in the explanatory statement
accompanying Public Law 118-47.
Special Response Teams (SRTs).--The recommendation includes
an increase of $5,000,000 for equipment and other general
expenses associated with additional SRTs. These specialized
teams provide critical tactical support in high-risk situations
and are uniquely positioned to deploy at a moment's notice.
Targeting Online Drug Trafficking Operations.--The
Committee continues the directive found under this heading in
House Report 118-123 accompanying Public Law 118-47.
Enforcement and Removal Operations
The recommendation includes a total of $6,402,677,000 for
ERO. Of this amount, $4,451,603,000 is for Custody Operations,
$178,703,000 is for Fugitive Operations, $349,807,000 is for
the Criminal Apprehension Program, $391,784,000 is for the
Alternatives to Detention Program, and $1,030,780,000 is for
the Transportation and Removal Program.
287(g) Program.--The Committee recognizes the importance of
the 287(g) program, particularly since state and local law
enforcement who participate act as a force multiplier for the
ERO workforce, which has been understaffed for years. The
program also provides safety benefits to officers and detainees
as detainees are transferred into ICE custody in a controlled
environment. ICE is directed to report quarterly on local law
enforcement agencies that express interest in joining the
program and the number of new agreements that are signed.
Additionally, within 90 days of the date of enactment of this
Act, ICE shall provide a report to the Committee regarding the
growth of the program, progress of training partner agencies,
and technologies or other resources needed to seamlessly expand
the program. The recommendation includes $10,000,000 for these
efforts, of which, funding for training shall be prioritized.
287(g) Training.--The Committee acknowledges the
significant increase in new 287(g) agreements in fiscal year
2025. To ensure proper oversight of the program and obtain
maximum efficacy in regard to program outcomes, ICE, in
coordination with the Office of Professional Responsibility,
shall conduct an evaluation of both the quality and the proper
administration of the trainings required with any new agreement
within 30 days of the date of enactment of this Act. ICE shall
provide a briefing to the Committee within 60 days of the date
of enactment of this Act of the findings of such evaluation, as
well as recommendations of enhancements to the required
trainings and any improvements to oversight within the 287(g)
program. Additionally, not later than 30 days after the date of
enactment of this Act and monthly thereafter, ICE shall provide
a report to the Committee detailing funding obligations of the
287(g) program, delineated by pay and non-pay requirements, and
the number of law enforcement entities with 287(g) agreements
that were provided training for the prior month.
Alternatives to Detention (ATD).--The recommendation
provides $391,784,000 for the ATD program. As the non-detained
docket level remains vast, it is the opinion of the Committee
that all ATD programs should incorporate elements of electronic
monitoring for compliance and enforcement purposes. The
Committee instructs ICE to prioritize detention and removal
operations prior to considering alternatives to detention.
ATD Contracts.--ICE shall continue providing a monthly
briefing on the number of aliens participating in the ATD
program, delineated by technology type and associated daily
cost, as well as the number of participants who attend their
immigration court hearings. In addition, ICE shall continue to
publish annually the following policies and data relating to
ATD:
(1) guidance for referral, placement, escalation, and
de-escalation decisions;
(2) enrollments and disenrollments by field office;
(3) information on the length of enrollment,
delineated by type of ATD; and
(4) enrollments and disenrollments by type and point
of apprehension.
ATD Intensive Supervision Appearance Program (ISAP)
Utilization.--To ensure the Committee maintains appropriate
oversight of the ISAP program, ICE shall provide a report to
the Committee not later than 30 days after the date of
enactment of this Act detailing its escalation and de-
escalation policies for ISAP. Additionally, ICE shall provide a
report to the Committee on a monthly basis on the following:
(1) the total number of participants in the ISAP
program and their length of time in the program;
(2) the total number of participants who are followed
throughout their immigration hearing process until
immigration hearing adjudication and, in circumstances
of removal orders, are removed; and
(3) the total number of participants who have been
escalated or de-escalated within the program, including
the number of participants who have been disenrolled
from the program prior to the completion of their
immigration hearing adjudication.
The Committee directs ICE to employ the ISAP program in a
manner that includes enforcement mechanisms to be conducted by
appropriate law enforcement personnel for noncompliance.
Additionally, ICE shall ensure a fair and open competitive
bidding process for future iterations of the ISAP contract.
ATD Monitoring Pilot Program.--Within funds provided for
ATD, ICE shall pilot innovative, wearable technologies that
incorporate tokenized identity capabilities that verify
location and biometric information to monitor those on the non-
detained docket who do not meet the escalation qualifications
for enrollment into the ISAP program. ICE is directed to confer
with the Committee prior to any external engagement for the
pilot program.
ATD Program Violation Reporting.--Within 30 days of the
date of enactment of this Act and monthly thereafter, ICE shall
provide to the Committee data on the number of ATD program
violations for enrolled participants in each program that
occurred in the prior month, disaggregating the data by area of
responsibility (AOR), type of program violation, whether such
program violation was committed by the same individual, and
whether that individual was subject to an enforcement action
following such program violation.
ATD Wraparound Stabilization Services (WSS).--The
recommendation does not include funding for WSS or any other
case management service as a pass-through within the ISAP
contract. ICE's limited resources to monitor the non-detained
docket must be directed towards evidence-based approaches that
lead to favorable compliance and enforcement outcomes. Within
90 days of the date of enactment of this Act, ICE shall provide
a report regarding the increase of participants served with
ISAP technologies by utilizing the funds previously available
for WSS activities.
Contract Competition.--ICE is directed to ensure a fair and
competitive procurement and contracting process for awards made
within the Custody Operations, Transportation and Removal
Operations, and Alternatives to Detention level II PPAs.
Courthouse Enforcement.--The Committee acknowledges the
importance of aliens participating in the immigration hearing
adjudication process and urges ICE to restrain immigration
enforcement activities at courthouses or other locations where
such process takes place.
Criminal Aliens.--Not later than 180 days after the date of
enactment of this Act, ICE shall provide a report to the
Committee comprehensively listing every alien who has been
convicted of a violent crime in the United States and ICE's
compliance with mandatory detention under the Laken Riley Act
(P.L. 119-1) for fiscal years 2020-2025, to include a list of
aliens that have committed such criminal acts upon release from
SLTT or federal custody.
Criminal Aliens Prioritization.--The Committee remains
concerned by the number of aliens who remain in the United
States, despite having convictions of violent acts. ICE shall
prioritize available resources to effectuate enforcement and
removal actions for such aliens. Additionally, ICE shall
provide a briefing to the Committee within 30 days of the date
of enactment of this Act and monthly thereafter detailing such
prioritization, the number of effectuated removals of such
aliens, and the funding obligations for such actions in the
prior month.
Custody Operations.--The recommendation includes
$4,451,603,000 for Custody Operations, which includes
$3,543,836,000 for 50,000 detention beds. In light of the
unprecedented non-detained docket level, increased detention
capacity is critical to support necessary interior enforcement
actions, effectuate removal orders, and ensure that aliens who
pose a national security or public safety threat are
appropriately detained.
Custody Reporting.--Beginning not later than 90 days after
the date of enactment of this Act and quarterly thereafter, ICE
is directed to provide a report to the Committee with data
regarding the number of individuals in its physical custody who
were subject to solitary confinement during the preceding
quarter. ICE shall confer with the Committee prior to the first
report to determine additional relevant data points.
Deportation Officers (DOs).--The recommendation provides an
increase of $50,000,000 to support hiring additional DOs to
address law enforcement personnel shortages.
Detention Capacity in Rural Areas.--Within 180 days of the
date of enactment of this Act, ICE shall provide a report to
the Committee detailing options to increase detention capacity
in rural areas and states that do not currently have any
facilities that contract with ICE. Options shall include, but
are not limited to: engaging with county and local facilities;
consideration of joint facilities with the U.S. Marshals
Service; and building ICE-owned facilities to serve as hubs for
interior enforcement actions.
Detention Capacity and Utilization.--The Committee is
encouraged by ICE's willingness to better utilize its
guaranteed minimum detention capacity in fiscal year 2025,
particularly since such capacity is fully funded regardless of
use. ICE is instructed to inform the Committee whenever the
utilization rate for guaranteed minimum detention capacity
declines to below 87 percent for more than 14 consecutive days.
ICE shall include plans to maximize future utilization when
updating the Committee.
Detention Partnerships.--The Committee is of the opinion
that partnerships with local and county facilities are critical
for a robust detention and enforcement apparatus and instructs
ICE to continue engaging with relevant stakeholders to increase
detention capacity wherever practical.
Foreign-Based Gangs.--The Committee is alarmed about recent
intelligence reports that certain foreign-based gangs have
established headquarters in the United States or are carrying
out criminal activity within the Nation's interior. The
Committee directs ICE to provide a report to the Committee
within 90 days of the date of enactment of this Act detailing
the foreign-based gang presence in the United States, the
number of aliens who have foreign-based gang affiliations, and
barriers to effectuating arrests and/or removals of known or
suspected alien gang members, including state and local
policies that restrict law enforcement from coordinating with
ICE for detention and removal purposes.
Fugitive Operations.--The recommendation includes an
increase of $5,000,000 for additional Mobile Criminal Alien
Teams and Special Response Teams within Fugitive Operations.
These teams continue to prove crucial for high-stakes interior
enforcement actions.
ICE Detainers.--The Committee is concerned by the rising
number of aliens apprehended for crimes committed after being
released into the community due to a state or local
jurisdiction's refusal to honor ICE detainer requests. Within
90 days of the date of enactment of this Act and quarterly
thereafter, ICE shall provide a briefing to the Committee
identifying all state and local jurisdictions that do not honor
ICE detainers and the agency's efforts to increase and improve
cooperation and information sharing with these entities. The
briefing shall also include an assessment of congressional
action that could aid such cooperation and information sharing,
including the consideration of prohibiting the obligation of
certain departmental funds to such entities until ICE detainer
requests are honored.
Medical Staffing.--Not later than 30 days after the close
of the fiscal year, ICE shall provide a report to the Committee
detailing the level of medical and mental health staffing,
delineated by position and qualification, at each detention
facility with an active contract in the fiscal year, along with
the average daily population of each facility. The report
should indicate the hours of availability of in-person,
specialized medical service typically available during the
week; whether any positions were unfilled for more than one
month of the previous fiscal year; and the average detainee
wait time to see a medical professional. ICE also shall include
in the report the number of individuals taken into ICE custody
with a serious medical or mental health condition, including
the number of pregnant women.
National Criminal Analysis and Targeting Center (NCATC).--
The Committee supports efforts to enhance the NCATC and
encourages the deployment of novel data sets to improve lead
generation for identifying, locating, and apprehending criminal
aliens, fugitives, visa overstays, and other removable
individuals. The Committee further encourages integration of
these tools to support enforcement actions related to non-
compliance within the ATD program.
Notice to Appear Wait Times.--ICE shall continue providing
the Committee with Notice to Appear wait times and backlogs on
a monthly basis, delineated by AOR.
Pregnant, Postpartum, and Lactating Women.--ICE is reminded
of the directive to provide semiannual reports on the total
number of pregnant, postpartum, and lactating women in ICE
custody. These anonymized reports shall be made publicly
available on the ICE website.
Removal of Certain Migrants.--The Committee continues the
previous requirement that ICE submit data on the removal of
parents of U.S. citizen children semiannually.
Requests for Information (RFI).--ICE is directed to inform
the Committee at least 15 business days before publishing
either a RFI or a Request for Proposal that has the potential
to substantively impact requirements within the Alternatives to
Detention, Custody Operations, or Transportation and Removal
Operations level II PPAs.
Removal Orders Reporting.--The Committee remains concerned
about the more than 1,300,000 aliens on the non-detained docket
who have final orders of removal, thus eliminating the legal
basis for such individuals to remain in the country. ICE is
directed to provide quarterly reports to the Committee on the
number of aliens with final orders of removal on ICE's non-
detained docket, the AOR in which such aliens reside, the
reason for the order of removal not being effectuated, and the
steps that ICE will take during the next quarter to effectuate
the order.
Third-Party Medical Care.--ICE is directed to delineate
costs associated with third-party medical care in the monthly
reporting requirements and whenever providing information to
the Committee regarding custody operations resources.
Transportation and Removal Program.--The recommendation
provides an increase of $200,000,000 to facilitate additional
transportation and removal operations. The Committee directs
ICE to prioritize funding for repatriation flights and other
removal operations. ICE shall brief the Committee within 60
days of the date of enactment of this Act on cost
considerations and analysis of transporting aliens to
guaranteed minimum detention facilities as opposed to non-
guaranteed minimum facilities that are in closer proximity to
the respective field office.
Veterans Subject to Removal.--The Committee supports ICE
Directive 10039.2, regarding consideration of U.S. military
service in making discretionary determinations regarding
enforcement actions. Not later than 90 days after the date of
the enactment of this Act, ICE is directed to provide a
briefing to the Committee on implementation and training with
regard to this directive, including an evaluation of the
sufficiency of current methods of identifying aliens veterans
of the Armed Forces who are placed in removal proceedings and
ensuring consideration of veteran status prior to initiation of
removal proceedings against such individuals.
Voluntary Work Program.--The bill includes language
establishing the minimum rate of allowance paid to detainee
participants under ICE's Voluntary Work Program.
Young Adult Case Management Program (YACMP).--The
recommendation does not include funding for the YACMP.
Mission Support
The recommendation includes a total of $1,536,127,000 for
Mission Support. Within the total, the Committee provides
$1,210,328,000 for Enterprise Services, $198,146,000 for the
Office of Professional Responsibility, and $127,653,000 for
Executive Leadership and Oversight.
Enterprise Services Technology.--In an effort to increase
ICE's hiring and budgetary efficiency, the Committee recommends
$5,000,000 for technologies within the Offices of Human Capital
and Chief Financial Officer.
Motor Vehicle Fleet.--The recommendation provides an
increase of $5,000,000 for the replacement of additional law
enforcement vehicles that have exceeded their useful service
life.
Office of Firearms and Tactical Programs (OFTP).--The
recommendation includes an increase of $5,000,000 for the OFTP
to purchase necessary equipment for ICE personnel.
Office of the Principal Legal Advisor
The Committee provides $482,754,000 for OPLA, including an
increase of $20,000,000 to hire additional OPLA attorneys and
support staff to enhance the current ratio of OPLA attorneys to
EOIR Immigration Judges (IJs). The Committee urges ICE to
coordinate with EOIR to ensure future year budget requests
include commensurate levels of OPLA attorneys to EOIR IJs to
address the ever-growing backlog of immigration cases.
Failure to Prosecute.--OPLA shall provide a report to the
Committee not later than 90 days after the date of enactment of
this Act, and monthly thereafter, detailing the number of cases
EOIR dismissed due to the Department's failure to prosecute;
the number of such cases for which the Department subsequently
filed a Notice to Appear; and all associated departmental
reports on such cases from January 20, 2021 through the end of
fiscal year 2025. Additionally, OPLA shall provide the
Committee with a monthly report detailing the aforementioned
data by the previous month beginning in fiscal year 2026.
Technology.--The recommendation includes $10,000,000 for
technological enhancements to OPLA's case management system and
principal legal advisor's network database.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2025....................... $55,520,000
Budget request, fiscal year 2026...................... 40,400,000
Recommended in the bill............................... 35,000,000
Bill compared with:
Appropriation, fiscal year 2025..................... -20,520,000
Budget request, fiscal year 2026.................... -5,400,000
Of the total recommended for Procurement, Construction, and
Improvements, $15,000,000 is included for critical repair
requirements. ICE is reminded of the directive found under the
heading ``Monthly Reporting Requirements''' in the explanatory
statement accompanying Public Law 118-47 requiring cost details
for current and future construction or facility refurbishment
activities.
Facilities Backlog and Use.--ICE is directed to continue
the requirement found in the explanatory statement accompanying
Public Law 117-328 under the same heading.
Repository for Analytics in a Virtualized Environment
(RAVEn).--The recommendation includes $10,000,000 for further
RAVEn development. Within 90 days of the date of enactment of
this Act, HSI shall provide a briefing to the Committee on
intended use of funds and additional resources needed for
future enhancements to the platform.
Tactical Communications (TACCOM).--The Committee provides
$10,000,000 for a refresh of necessary TACCOM equipment,
including hardware and portable radios.
Transportation Security Administration
Appropriation, fiscal year 2025....................... $11,129,287,000
Budget request, fiscal year 2026...................... 11,342,659,000
Recommended in the bill............................... 11,172,934,000
Bill compared with:
Appropriation, fiscal year 2025..................... +43,647,000
Budget request, fiscal year 2026.................... -169,725,000
Mission
The Transportation Security Administration (TSA) is charged
with protecting U.S. transportation systems while facilitating
the flow of travel and commerce.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2025....................... $10,614,968,000
Budget request, fiscal year 2026...................... 10,569,369,000
Recommended in the bill............................... 10,378,063,000
Bill compared with:
Appropriation, fiscal year 2025..................... -236,905,000
Budget request, fiscal year 2026.................... -191,306,000
The recommendation includes the following: $100,000,000 to
continue staffing at certain exit lanes; $45,059,000 for the
Law Enforcement Officer (LEO) Reimbursement Program; and
$20,000,000 for connecting airports.
Within the total amount provided, the bill makes
$300,000,000 available until September 30, 2027. TSA's entire
Operations and Support appropriation has historically been made
available for two fiscal years, which runs counter to the one-
year period of availability that is the baseline for Operations
and Support appropriations provided for other DHS components
and the standard across the Federal government for
appropriations that fund salaries and operating expenses. TSA
is directed to continue to work with the DHS CFO and the
Committee to develop a proposal for the TSA Operations and
Support appropriation, including potential modifications to the
current PPA structure, that would limit the two-year period of
availability to only the necessary activities that may require
such flexibility, consistent with the other DHS components. TSA
shall incorporate such proposal in its fiscal year 2027 budget
request.
Airport Interconnection Program.--The Committee supports
efforts to interconnect airports and use the TSA cloud
environment to facilitate remote screening technologies. The
Committee provides $20,000,000 for TSA to interconnect its
airports and leverage the cloud environment.
Airport Wait Times.--TSA must ensure the security of
airline passengers without creating undue burdens on the
traveling public. An important component of this is keeping
wait times at airports reasonable. The fiscal year 2025 enacted
funding level ensured that TSA could staff airport checkpoint
with an adequate number of Transportation Security Officers
(TSOs). The Committee encourages TSA to maintain TSO staffing
at a level that does not create delays for air travelers.
Aviation Worker Screening.--TSA recently issued an Airport
Security Program (ASP) amendment that requires airports to
significantly increase airport-performed physical screening of
employees and procure explosive detection screening (EDS)
equipment for the first time. The Committee is concerned that
these new mandates, which require the establishment of
screening operations at airports, impose an undue burden on
airport operators and are being implemented without conducting
a thorough cost-benefit analysis or risk assessment to justify
the change. The Committee strongly encourages TSA to rescind
the current ASP amendment and solicit a formal round of notice
and comment to understand the full financial and operational
impacts of this proposal.
Equipment Transfer to Local Law Enforcement.--As it
modernizes its screening and detection equipment, TSA is urged
to improve the manner in which older equipment can be
transferred to local law enforcement. A major barrier to
transfer is that the equipment is still tied to service
contracts. TSA should consider only entering into service
contracts that expire when TSA no longer owns the equipment and
examine ways to expedite the transfer of such equipment.
Federal Flight Deck Officer (FFDO) and Crew Training.--The
Committee strongly supports the additional aviation security
provided by FFDOs. The recommendation provides $32,307,000 for
the FFDO and Crew Training program.
Identity Management Capability (IDM).--The Committee
supports TSA's IDM capability. Through this program TSA, in
concert with other government agencies and the private sector,
builds secure and privacy-preserving digital identity solutions
for all Americans. The recommendation includes $11,300,000 for
this activity.
Mishandled Firearms.--The Committee recognizes the threat
of misplaced, mishandled, or lost firearms in checked luggage.
The Committee directs the Administrator, in coordination with
the Secretary of the Department of Transportation (DOT) and any
other relevant federal agencies, to conduct an assessment that
includes the following:
(1) the number of firearms misplaced, mishandled, or
lost annually by commercial airlines on domestic
flights within the United States;
(2) the number of firearms misplaced, mishandled, or
lost annually by commercial airlines on flights
originating in the United States to international
destinations;
(3) the number of firearms misplaced, mishandled, or
lost annually by commercial airlines on flights
originating in international destinations bound for a
destination within the United States;
(4) any actions currently being taken by commercial
airlines to ensure firearms in checked luggage are not
misplaced, mishandled, or lost;
(5) any additional training currently being provided
by TSA or commercial airlines to individuals handling
checked firearms;
(6) the procedures by which commercial airlines
notify TSA, DOT, or any other federal agencies when a
checked firearm has been mishandled, misplaced, or
lost; and
(7) any actions that are taken by TSA, DOT, or other
relevant federal agencies to track mishandled,
misplaced, or lost firearms in checked luggage.
Multimodal Generative AI Language Technology.--The
Committee encourages TSA to consider the use of multimodal
generative AI foreign language translation technology at TSA to
carry out the requirements set forth by section 7131 of Public
Law 117-263.
Passenger Security Fee.--The Committee notes that the
Passenger Security Fee, collected from passengers of commercial
air travel, is intended to fund vital security measures to
ensure the safety and protection of travelers within the United
States. The Committee further believes that the diversion of
funds collected through the Passenger Security Fee to purposes
unrelated to aviation security could undermine the integrity
and effectiveness of aviation security programs. Under current
law, the diversion of funds ends in 2027, and the Committee
believes that the diversion should not be extended and that all
collected fees should instead be appropriated as part of the
annual appropriations process to strengthen aviation security.
PreCheck Enrollment.--The Committee notes TSA's goal of 70
percent of American fliers enrolled in TSA PreCheck. PreCheck
reduces screening costs and increases security. However, to
date, enrollment sits at an estimated 30 percent across the
traveling public. The Committee directs the Administrator to
work with private sector TSA enrollment providers to increase
the number of travelers in the PreCheck program. Not later than
60 days after the date of enactment of this Act, the
Administrator shall brief the Committee on PreCheck enrollment
numbers in fiscal year 2025.
Screening Workforce.--Many rural airports have difficulties
hiring and retaining qualified TSOs. At the same time, however,
TSA is reducing retention incentives for many rural airports,
making it even more difficult to retain qualified TSOs. Not
later than 90 days after the date of enactment of this Act, the
Department shall provide a briefing to the Committee on the
challenges of recruiting and retaining TSOs in non-contiguous
and rural states. The briefing shall include a clear
description of the obstacles related to using small businesses;
information about rates of attrition; the numbers of unfilled
positions; and the duration of time for which those positions
have remained vacant. The briefing shall also provide an
assessment of the effect these vacancies have on the ability of
TSA to accomplish its mission.
Security Scanning Equipment.--The Committee notes the
challenges faced by TSA in maintaining its equipment in open-
air airports where exposure to the elements is unavoidable. The
Administrator is urged to address the potential degradation of
major security equipment exposed to the elements at such
airports.
Surface Transportation Cybersecurity Toolkit.--As
cybersecurity threats to surface transportation infrastructure
become more advanced, TSA must equip itself and industry
partners with tools that support real-time risk mitigation
across operational and information technologies. TSA is
encouraged to modernize and scale the toolkit to allow TSA to
automate cyber assurance functions, identify adversarial attack
paths, and share timely intelligence with industry.
TSA Cares.--The Committee recognizes the importance of the
TSA Cares helpline to provide assistance for travelers with
disabilities, medical conditions, and other special
circumstances during the security screening process. The
Committee directs the Administrator to expand public awareness
of this service. Further, the Committee directs the
Administrator to prioritize staffing of the helpline for
additional hours and to ensure that requests received through
the hotline are accommodated by Passenger Support Specialists.
TSA Reimbursable Services.--The Committee understands that
there may be underutilized space and equipment in security
screening areas which may limit TSA's ability to handle
expected volume increases. The Committee encourages TSA to
consider the success of the CBP's Reimbursable Services Program
as a model for generating private sector support and resources
to improve security and efficiency at the security checkpoint
while alleviating the strain on aviation from increases in
traveler volume.
Visible Intermodal Prevention and Response (VIPR) Teams.--
VIPR teams are duplicative and can face jurisdictional, and in
some cases constitutional, challenges. TSA has acknowledged it
is working to move towards a new concept of surface
transportation protection. Consistent with the fiscal year 2025
budget request, the recommendation does not include funding for
VIPR teams. Further, the Committee does not support simply
transferring VIPR personnel and activities to the Air Marshal
Service. A simple rebranding of VIPR teams is not the
Committee's intent. Rather the Committee believes that TSA
should no longer perform the functions previously executed by
VIPR teams.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2025....................... $40,678,000
Budget request, fiscal year 2026...................... 216,290,000
Recommended in the bill............................... 258,230,000
Bill compared with:
Appropriation, fiscal year 2025..................... +217,552,000
Budget request, fiscal year 2026.................... +41,940,000
The recommendation includes $224,290,000 for checkpoint
support, including $213,000,000 for the purchase and
installation of computed tomography machines at passenger
checkpoints at U.S. airports, $10,000,000 for credential
authentication technology, and $1,290,000 for portable
detection equipment previously provided by the Countering
Weapons of Mass Destruction Office.
The recommendation also includes $13,940,000 to complete
the process of reimbursing airports for the cost of in-line
baggage screening systems installed prior to December 31, 2007.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2025....................... $14,641,000
Budget request, fiscal year 2026...................... 35,000,000
Recommended in the bill............................... 14,641,000
Bill compared with:
Appropriation, fiscal year 2025..................... - - -
Budget request, fiscal year 2026.................... -20,359,000
Explosive Detection System (EDS) Outages.--TSA is
responsible for the security screening of airline passengers'
checked baggage as well as the purchase, maintenance, and
installation of EDS equipment. With TSA responsible for
approximately 1.4 million checked bags a day, the Committee
appreciates the scale of TSA's efforts to keep the flying
public safe. However, the Committee is concerned with the
recent pattern of EDS outages at airports across the Nation.
When these safety critical machines fail, they can cause
significant delays and disruptions for the flying public.
According to the fiscal year 2024 TSA Capital Investment Plan
(CIP), TSA's Checked Baggage fleet consists of 1,626 EDS, of
which 200 are at their end-of-life. The recent pattern of
outages suggests that many of these machines lack long-term
reliability and need to be replaced. The CIP, however, fails to
identify a realistic path to replacing these end-of-life and/or
unreliable EDS. Additionally, when repairs are needed, the
current service maintenance agreements often lead to
unacceptable delays, particularly at smaller airports. Further,
the slowness of TSA in establishing a Qualified Product List
reduces the agency's ability to replace unreliable EDS with
equipment that meets a higher security standard.
The Committee directs TSA to prioritize the purchase and
installation of EDS at airports with chronic outages with
amounts available in the Aviation Security Capital Fund.
Further, within 90 days of the date of enactment of this Act,
TSA shall develop a realistic plan for recapitalizing checked
baggage equipment and brief the Committee quarterly on:
(1) the status of the EDS portfolio throughout the
Nation, including EDS outages; and
(2) the progress being made on replacing end-of-life
and unreliable EDS.
Further, the Committee encourages TSA to consider
structuring future maintenance contracts in a manner that
requires set levels of reliability at each airport versus a
nationwide level.
Improved Security Screening Technology.--The Committee
recognizes the value in expanding beyond current security
screening technologies. TSA should consider whether the
development, testing, evaluation, and deployment of innovative
high-speed, high-throughput screening capabilities, including
transmission line tomography, could improve security.
Innovation Task Force.--The Committee recognizes the
importance of the Innovation Task Force's research and
development efforts on next-generation baggage and passenger
screening within TSA. Given the increase in passenger travel
through airports, the need to reduce congestion in screening
lines, and the evolution of security threats, funding to
improve baggage and passenger screening must be prioritized to
ensure TSA is able to meet current and future needs. The
Committee recommends $8,146,000 for the Innovation Task Force.
Coast Guard\1\
---------------------------------------------------------------------------
\1\Totals include permanent indefinite discretionary and mandatory
appropriations.
Appropriation, fiscal year 2025....................... $13,329,388,000
Budget request, fiscal year 2026...................... 14,424,695,000
Recommended in the bill............................... 14,383,653,000
Bill compared with:
Appropriation, fiscal year 2025..................... +1,054,265,000
Budget request, fiscal year 2026.................... -41,042,000
Mission
The Coast Guard is the principal Federal agency charged
with maritime safety, security, and stewardship. It is a
military, multi-mission, maritime service within DHS and is one
of the Nation's six armed services.
OPERATIONS & SUPPORT
Appropriation, fiscal year 2025....................... $10,415,271,000
Budget request, fiscal year 2026...................... 11,066,223,000
Recommended in the bill............................... 10,802,656,000
Bill compared with:
Appropriation, fiscal year 2025..................... +387,385,000
Budget request, fiscal year 2026.................... -263,567,000
The recommendation includes an additional $60,000,000 for
Indo-Pacific expansion, $50,000,000 for shore maintenance,
$40,000,000 for technology agnostic unmanned maritime systems,
$30,000,000 for surface maintenance, $20,000,000 to establish
the Technology Optimization and Modernization Fund, $5,000,000
to bolster efforts to reduce and respond to sexual assault and
harassment, $5,000,000 for modernizing the National Capital
Region Air Defense Mission, $2,500,000 for marine inspections
and standards for innovative vessels, and $100,000 for Training
Center contracting support.
47-Foot Motor Lifeboat Service Life Extension Program.--The
Committee supports the Coast Guard's ongoing service life
extension program for its 47-foot motor lifeboats. The
Committee notes that the condition of many of the 47-foot motor
lifeboats is significantly worse than expected at program
inception and urges the Coast Guard to continue providing the
resources necessary to sufficiently upgrade and extend the
service life of the entire fleet.
Ballast Water Management.--The Committee encourages the
Coast Guard to expand partnerships with state and local
governments in its efforts to test ballast water to prevent the
spread of aquatic invasive species and diseases, such as stony
coral tissue disease.
Blue Technoloy Center of Expertise.--The Committee urges
the Coast Guard to leverage the expertise at its Blue
Technology Center of Expertise to accelerate the adoption of
new technologies that enhance Coast Guard capabilities and
mission sets.
Closure of Coast Guard Stations.--The Committee is
concerned about the operational adjustments made in 2024 to
Coast Guard stations. Within 90 days of the date of enactment
of this Act, the Coast Guard shall submit a report to the
Committee on the efforts to restore capability to impacted
regions, particularly given improved recruiting numbers. The
report shall also detail efforts the U.S. Coast Guard is making
to increase enlistment so that the closed stations can be
reopened.
Coordination With the Navy on the Shipyard Infrastructure
Optimization Program.--The Committee supports Coast Guard
efforts to coordinate with the Department of the Navy on
shipyard capacity issues and to create the Government
Shipbuilders Council to address common and singular challenges
in shipbuilding; identify opportunities to leverage each
organization's resources to maximize savings in costs and time;
share best practices and lessons learned; and support strategic
decision making to strengthen the shipbuilding industrial base.
Diesel Outboard Testing and Evaluation.--The Committee is
aware that, in response to Department of Defense Directive No.
4140.43, the United States Navy tested and evaluated several
diesel-fueled outboard marine motors and has subsequently
procured more than 100 of these motors for vessel deployment.
The Coast Guard is encouraged to consider whether diesel-fueled
outboard marine motors are appropriate for Coast Guard assets.
Employee Assistance Program (EAP).--The Committee strongly
supports the work of the EAP in support of members of the Coast
Guard. Within funds provided for Operations and Support, not
less than fiscal year 2024 funding levels are provided for EAP.
Additionally, the Coast Guard is directed to ensure that
employees at all Coast Guard facilities are aware of and can
access EAP tools. The Coast Guard is further directed to brief
the Committee within 90 days of the date of enactment of this
Act on how the Service will meet this requirement.
Engagement in the Indo-Pacific.--The Committee supports the
Coast Guard's efforts to help develop the maritime capabilities
of partners and allies in Southeast Asia and encourages the
Coast Guard to continue its work in the Indo-Pacific, including
by considering opportunities for expansion and options for
improving coordination and leveraging capabilities with the
DoD, especially U.S. Indo-Pacific Command (USINDOPACOM).
First District Coastal Buoy Modernization Initiative.--The
Committee is dismayed with the Coast Guard's First District
Coastal Buoy Modernization Initiative Proposal. While the Coast
Guard investigates modernizing buoy constellations, the
Committee urges the Service to consider the complicated
coastline along the Northeastern Seaboard and stresses the
importance of visual navigation markers to maritime economies,
as fishermen routinely use these buoys as a reliable safety
measure to maneuver through inclement weather and when there is
sporadic access to technology.
Force Design 2028.--The Committee is aware of several
deadlines in the Coast Guard's Force Design 2028, including
requirements to deliver an execution plan aligned around
strategic imperatives, the Force Posture and Operational
Concepts Campaign, and semiannual updates on the implementation
of Force Design 2028. The Committee is disappointed that the
Coast Guard did not brief the Committee in advance of the
release of Force Design 2028. The Coast Guard shall brief the
Committee on the details of these plans and activities in a
timely manner and prior to public release.
Icebreaking Collaboration.--The Coast Guard, in
collaboration with relevant agencies, including the Department
of the Navy, the State Department, and the National Security
Council, shall develop a multi-fiscal year implementation plan
for the collaboration effort between the United States, Canada,
and Finland designed to enhance icebreaker shipbuilding
capacity. The plan shall be submitted to the Committee not
later than 180 days after the date of enactment of this Act and
shall include the following:
(1) development of systematic industry engagement
strategies to involve relevant shipbuilding partners,
ensuring alignment with mission goals and operational
needs;
(2) an analysis of how such cooperation will
positively impact budgets, schedules, and milestones to
meet the Coast Guard's requirements for medium and
heavy polar icebreakers;
(3) evaluation of acquisition alternatives, including
options for the accelerated build and lease of
icebreakers, including ``commercial-off-the-shelf''
designs as a bridging strategy during the ongoing
construction of the new U.S. icebreaker fleet;
(4) recommendations for statutory and regulatory
changes to reduce procurement timelines and costs;
(5) commitments to ensure that expedited bridging
solutions, if any, are linked to a fundamental long-
term commitment to expand the American shipbuilding
industrial base;
(6) a schedule for expediting and optimizing the
sharing of information, technology, and expertise among
shipbuilding partners; and
(7) an assessment of economies of scale achievable
through multi-nation order books and other
collaborative opportunities, emphasizing coordinated
production and mutual investments to strengthen
industrial bases across shipbuilding partners.
Indo-Pacific Operations.--The Committee recognizes the
importance of the Coast Guard in maintaining the U.S.'s posture
in the Indo-Pacific. The Committee supports the Coast Guard's
efforts to expand its presence in the Indo-Pacific, especially
through the Ship Rider Program, and encourages the Coast Guard
to continue its coordination with USINDOPACOM and partner and
allied Nations. This includes further cooperation with Taiwan
by expanding joint and integrated training opportunities
between the United States Coast Guard and the Taiwan Coast
Guard Administration. The Committee also supports the Coast
Guard's efforts to help develop the maritime capabilities of
partners and allies in Southeast Asia and encourages the Coast
Guard to continue its work in the Indo-Pacific by considering
opportunities for expansion and options for improving
coordination and leveraging capabilities with the DoD,
especially USINDOPACOM. To better evaluate these efforts, the
Committee directs the Coast Guard to provide a report to the
Committee not later than 180 days after the date of enactment
of this Act assessing the Coast Guard's capabilities and
operations in the Indo-Pacific. This report shall include a
list of current assets in the region, assets and capabilities
needed to address unfulfilled requirements, areas where
logistical support is needed, and any changes that must be
taken to effectively implement the U.S. Indo-Pacific Strategy.
Additionally, the Committee directs the GAO to conduct an
assessment of the Coast Guard's role in advancing U.S.
interests in the Indo-Pacific, particularly in light of the
People's Republic of China's (PRC) activities throughout this
critical region. Such report shall consider IUU fishing, law
enforcement and security assistance, national security, and any
other relevant aspects of Coast Guard operations in the region.
To support the Coast Guard's Indo-Pacific operations, the
recommendation provides $60,000,000 for additional activities
in the Indo-Pacific, which may include increased operations to
combat Illegal, Unreported, and Unregulated (IUU) fishing;
presence of regional Coast Guard Maritime Advisors; Liaison
Officers, Attaches, other foreign engagement positions
throughout the Indo-Pacific; and workforce support including
for housing, medical, and childcare access for Coast Guard
personnel.
IUU Fishing.--The Committee recognizes the role of the
Coast Guard and supports the Service in combatting IUU fishing
both domestically and globally. Within 180 days of the date of
enactment of this Act, the Coast Guard shall provide a briefing
to the Committee detailing the activities of the Coast Guard in
fisheries enforcement, any gaps in enforcement capacity, and
any resources needed to address those gaps or expand
enforcement activities combatting IUU fishing.
IUU fishing in the Gulf of America harms small businesses,
ocean ecosystems, and sustainable fisheries and is a threat to
our national security. The Committee recognizes the need to
characterize and quantify IUU fishing in the Gulf of America.
The Committee encourages the Coast Guard to collaborate with
state and academic partners to better understand the impact and
factors influencing increased IUU fishing activity in the Gulf
of America.
Land Acquisition.--As the Coast Guard expands its role in
the Indo-Pacific, the Committee is aware that Coast Guard Base
Honolulu is in critical need of additional pier and related
space, and that the State of Hawai'i owns pier space
immediately adjacent to Coast Guard Base Honolulu which it may
be willing to convey. The Committee directs the Coast Guard to
continue to explore all opportunities to acquire the adjacent
pier space and provide a report to the Committee within 180
days of the date of enactment of this Act on the status of the
potential acquisition. Additionally, the Coast Guard should
include any actions requested or required of Congress to
facilitate the acquisition of the adjacent Honolulu Harbor pier
and related space.
Long-Range Command and Control Aircraft (LRCCA).--The Coast
Guard is directed to provide a report within 45 days of
enactment of this Act, for fiscal years 2024 and 2025,
detailing the number of days each LRCCA was fully mission
capable, partially-mission capable, and not mission capable.
Further, the Coast Guard shall report for such time period the
number of flight hours for each aircraft by month and the
number of flight hours in which a LRCCA was transporting the
Secretary or Deputy Secretary of DHS. Additionally, the Coast
Guard shall brief the Committee within 45 days of enactment of
this Act on any expected duration of 45 or more days on which
one or both aircraft are expected to be non-mission capable due
to planned maintenance.
Long-Range Unmanned Aircraft.--The Committee provides
initial operating costs for long-range unmanned aircraft and
encourages the Coast Guard to quickly incorporate these assets
into its operations.
Management of Shore Infrastructure.--The Committee directs
the Coast Guard to fully implement the remaining open
recommendations in GAO-19-82 as appropriate.
Marine Inspection and Standards for Innovative Vessels.--
Advances in vessel design, fuel, and use require the Coast
Guard to develop new standards and inspection regimes. Budget
constraints often do not allow the Coast Guard to dedicate
personnel to this activity, which can stifle technological
advances. The recommendation provides the Coast Guard
$2,500,000 to develop standards and inspections regimes for
innovative vessels.
Maritime Transportation Security Activities.--The Committee
encourages the Coast Guard to allocate necessary funding to
carry out its conveyance authorities required in Public Law
107-295.
Museum Operations Staffing and Funding.--The Committee does
not continue funding for Coast Guard Museum staffing and
operations. Museum staffing and operations should be the sole
responsibility of the National Coast Guard Museum Association
and not a detriment to Coast Guard missions. With the Museum
opening delayed until late 2026, the National Coast Guard
Museum Association should have sufficient time to conduct the
necessary fundraising, grant requests, and/or internal
realignments to become self-sufficient. The Coast Guard cannot
be further burdened with the operations of a museum it does not
own, particularly in a time in which the Service's aged
facilities routinely forgo critical maintenance, cutters and
aircraft lack adequate spare parts to maintain readiness, and
Coast Guard personnel routinely go without the supplies
necessary to perform their duties.
National Capital Region Air Defense Mission.--Since 2006
the Coast Guard, under the operational control of the North
American Aerospace Defense Command (NORAD), has been
responsible for intercepting low-flying aircraft in the
National Capital Region. The Coast Guard has admirably
performed the Rotary Wing Intercept mission since assuming
responsibility from CBP, protecting all those in the National
Capital Region. However, the aging of the MH-65 aircraft and
the Coast Guard's transition to an all MH-60 fleet has created
uncertainty about how the Coast Guard will perform this mission
in the future. Additionally, with the lack of armament on Coast
Guard aircraft, the only way for a Coast Guard rotary wing
aircraft to stop a noncompliant aircraft would be to sacrifice
the Coast Guard helicopter and crew. Further, new technologies,
such as AI-enabled cameras with laser signaling have been
successfully deployed as part of NORAD's multi-layered air
defense mission. It is time for the Coast Guard to leverage new
innovative technology to perform this mission. The
recommendation provides $5,000,000 in operations and support
funding so that the Coast Guard can begin using unmanned
aircraft systems to replace the capabilities of the MH-65s for
the National Capital Region Air Defense mission by fiscal year
2027.
Oversight.--The Coast Guard is reminded to promptly,
thoroughly, and accurately respond to congressional inquiries.
Program Changes.--The Committee does not continue funding
for the Cetacean Desk or the body worn camera initiative.
Physician Training Program.--The Committee applauds efforts
by the Coast Guard to institute a physician training program by
sponsoring Coast Guard members through the Uniformed Services
University of Health Services School of Medicine. The Committee
directs the Coast Guard to brief the Committee within 90 days
of the date of enactment of this Act on its plans to build and
sustain this promising initiative.
Reducing and Responding to Sexual Assault and Sexual
Harassment.--The recommendation includes $5,000,000 for
additional activities to support actions to expand the Coast
Guard's legal support and oversight related to sexual assault
and sexual harassment. The Committee supports the Coast Guard's
efforts to strengthen the Service's culture and provides these
funds with the expectation the Coast Guard will expand sexual
assault and harassment prevention, response, recovery, victims'
services, and investigatory capacity.
Reducing Moves.--While most personnel moves are necessary
for the needs of the Coast Guard, they can be disruptive for
members and their families. The Committee believes the overall
number of geographic moves a member must make could likely be
reduced with no or minimal impact to the Service, while
reducing costs and significantly increasing the quality of life
for members and their families. Regrettably, the Service does
not have clear metrics for tracking geographic moves since a
Permanent Change of Station does not always require a
servicemember to relocate. The Service shall develop
appropriate metrics to track physical moves and brief the
Committee not later than 180 days after the date of enactment
of this Act on the metrics it has developed.
Special Victim Counsel Program.--The Committee directs the
Coast Guard to provide a report within 90 days of the date of
enactment of this Act on the number of expedited requests for
transfer made by victims of sexual assault during the prior
fiscal year, including the number of applications denied and a
description of the rationale for each denied request. The
report shall also include the number of service members served
by the Special Victim Counsel program during the same period.
STARBASE Programs.--The Committee acknowledges the Coast
Guard's authority to establish Coast Guard-sponsored STARBASE
programs and encourages the Commandant of the Coast Guard to
establish the necessary policies and procedures, in
consultation with the DoD, to facilitate the timely
establishment of Coast Guard sponsored STARBASE programs that
are determined to be consistent with the needs of the Service.
Technology Optimization and Modernization.--Innovative,
commercial off-the-shelf technology can provide cost-effective
ways for the Coast Guard to modernize its equipment and address
its operational needs. The recommendation provides $20,000,000
for the Coast Guard to establish an innovative technology
program. The Committee urges the Coast Guard to use this
program to test, evaluate, and integrate commercially available
technologies such as unmanned maritime systems, including those
with autonomous control and computer vision, and tactical small
unmanned aircraft systems (sUAS). The Coast Guard is encouraged
to use its other transaction authority under section 11205 of
Public Law 117--263 in executing these funds. The Coast Guard
is directed to brief the Committee at least 15 days prior to
obligating funds for this purpose.
Tracking Missions.--Beginning 90 days after the date of
enactment of this Act and continuing quarterly thereafter, the
Coast Guard shall provide a summary of the approximate hours,
dollars, personnel, and assets dedicated to each of Coast
Guard's statutory missions. Beginning with the second briefing,
Coast Guard shall also include a retrospective analysis of the
hours, dollars, personnel, and assets dedicated to each
statutory mission in the previous quarter.
Unmanned Maritime Systems.--Maintaining adequate maritime
domain awareness is a perennial challenge. The rapid
proliferation and advancement of unmanned maritime systems,
both in unmanned surface vessels and unmanned underwater
vehicles, available for maritime domain awareness has, at
times, led the Coast Guard to take a scattershot approach to
their use. The Committee directs the Coast Guard to develop a
comprehensive strategy identifying priority locations for
improving maritime domain awareness, determining which data
streams are most needed in each area, and the optimal fleet mix
of unmanned maritime systems and other technologies. Further,
the Coast Guard is directed to periodically survey industry to
assess emerging technologies that may offer more cost-effective
solutions to improving maritime domain awareness. The
recommendation includes $40,000,000 for unmanned maritime
systems.
U.S. Virgin Islands and the Caribbean.--The Committee
supports the work of the Coast Guard in this region but remains
concerned about insufficient maritime resources based on the
U.S. Island of St. Croix. Within 90 days of the date of
enactment of this Act, the Coast Guard shall brief the
Committee on its efforts to respond to drug trafficking,
weapons trafficking, human trafficking, and smuggling
operations in this area. The Coast Guard is directed to address
each with respect to necessary ship deployments, force posture,
and force projection in the Caribbean region and to incorporate
reaction time to San Juan, St. Thomas, and St. Croix.
Visit, Board, Search, and Seizure Training Apparatus.--
Within the funds provided, the Committee urges the Coast Guard
to purchase two additional Visit, Board, Search, and Seizure
(VBSS) Training Apparatus based on the successful deployment of
the VBSS Training Apparatus at Tactical Law Enforcement South.
The VBSS Training Apparatus has been shown to be a cost-
effective and efficient training solution to bolster maritime
border security.
Wing-in-Ground Craft Inspections.--The Committee is
encouraged by new transportation solutions in the maritime
industry including the development of electric wing-in-ground
coastal passenger vessels. Wing-in-ground craft have the
potential to increase the efficiency and speed of coastal and
inter-island transportation and reduce passenger costs. Within
the funds provided, including funds provided for marine
inspection and standards for innovative vessels, the Coast
Guard is directed to develop the capacity to provide wing-in-
ground craft certification and inspections.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2025....................... $1,413,950,000
Budget request, fiscal year 2026...................... 1,744,040,000
Recommended in the bill............................... 2,026,790,000
Bill compared with:
Appropriation, fiscal year 2025..................... +612,840,000
Budget request, fiscal year 2026.................... +282,750,000
The Coast Guard is directed to continue briefing the
Committee quarterly on all major acquisitions. The briefings
shall identify major challenges to the programs and obligations
and expenditures for the last five years. Further, the
briefings shall include a discussion of terminated programs and
the follow on, if any, to those programs. The Committee is
frustrated by the delay in quarterly updates during fiscal year
2025. The Committee looks forward to resuming a quarterly
cadence for these briefings.
The Committee also directs the Coast Guard to include an
estimate of the receipts to be deposited in the Housing Fund
for the budget year and a plan for the expenditure of those
funds in its annual budget justifications. Any deviations from
the plan shall be reported to the Committee not fewer than 15
days before the obligation of funds.
Vessels
The recommendation includes $530,000,000 for Offshore
Patrol Cutter (OPC), $300,000,000 for Fast Response Cutter
(FRC), $135,000,000 for Waterways Commerce Cutter, $160,000,000
for In-Service Vessel Sustainment (ISVS), $100,000,000 for
Polar Security Cutter (PSC), $20,000,000 for a Great Lakes
Icebreaker, and $10,000,000 for Cutter Boats.
Arctic Security Cutters.--The Committee notes that a 2023
Coast Guard fleet mix analysis concluded that the Service
requires a total of eight to nine polar icebreakers, including
four to five heavy polar icebreakers and four to five medium
polar icebreakers, to perform its polar (i.e., Arctic and
Antarctic) missions in coming years. Consistent with the
authority and direction provided in section 11218 of the James
M. Inhofe National Defense Authorization Act for Fiscal Year
2023 (P.L. 117-347), the Committee encourages the Coast Guard
to establish a program office for the acquisition of Arctic
Security Cutters. Not later than 90 days after the date of
enactment of this Act, the Coast Guard shall submit a multi-
year investment plan to achieve the total number of icebreakers
required in the 2023 fleet mix analysis.
Domestic Icebreaking Capability.--The Committee notes the
importance of the Coast Guard's domestic icebreaking mission to
the economy of the Great Lakes region. Inadequate icebreaking
capacity can have devastating economic impacts, including
significant job losses. The Committee recommends $20,000,000
for the Service to continue work on procuring a second heavy
Great Lakes Icebreaker. The Committee also encourages the
Service to begin examining how to replace its aging fleet of
140-foot bay-class tugboats. The Committee directs the Coast
Guard to brief the Committee not later than 180 days after the
date of enactment of this Act on the status of these important
domestic priorities.
Fast Response Cutter.--The recommendation provides
$300,000,000 for the purchase of three additional FRCs,
economic price adjustments related to the rise in material and
labor costs, and post-delivery missionization costs.
In-Service Vessel Sustainment.--The Committee notes the
importance of the ISVS program for maintaining and extending
the service life of Coast Guard's vessels. The recommendation
provides $160,000,000 for this program, which includes
$60,000,000 for a service life extension for a 270-foot Medium
Endurance Cutter to be used in the Indo-Pacific.
National Security Cutter (NSC).--The Committee is
frustrated that the actions of the NSC contractor led the Coast
Guard to forgo NSC 11. The contractor's use of pitted steel
plates resulted in a no-win situation for the Coast Guard.
Either the Service had to accept a vessel that does not meet
its standards, or it had to forgo a critical national security
asset. The Committee encourages the Coast Guard to work with
the General Services Administration to determine whether any
lessons learned from NSC 11 should be incorporated in the
Federal Acquisition Regulations to disincentivize contractors
from refusing to do the work they have been paid to do.
Offshore Patrol Cutter.--The recommendation provides
$530,000,000 to continue the program of record for these
critical assets. The Committee is frustrated by the delays in
OPC Stage 1 and supports the efforts the Coast Guard has taken
to de-risk the program.
Polar Security Cutter.--The recommendation includes
$100,000,000 for PSC. The Committee remains supportive of the
construction of the first PSC and recognizes the urgency of the
capability.
Special Purpose Craft--Heavy Weather (SPC HWX).--The
Committee remains concerned with the proposed replacement of
the 52-foot SPC HWX in the Pacific Northwest. The Committee has
safety concerns with the proposed requirement that a
replacement for the 52-foot SPC HWX should be able to tow large
vessels over the hazardous river bars along the Washington and
Oregon coasts. An increased towing capacity creates a moral
hazard, and the Committee is concerned the Coast Guard is
prioritizing saving property over the safety of its members.
The Committee does not provide funds for this program.
Waterways Commerce Cutter.--The recommendation includes
$135,000,000 to begin recapitalization of the Coast Guard's
inland river tenders.The Committee recognizes the urgency in
replacing the Service's existing fleet of inland waterways and
western river cutters and fully supports the program.
Aircraft
The recommendation provides $183,000,000 for an HC-130J
Acquisition, $100,000,000 for MH-60T Sustainment, $98,000,000
for large Unmanned Aircraft Systems, and $750,000 for small
Unmanned Aircraft Systems.
HC-130J.--The recommendation includes $183,000,000 for the
purchase of one additional HC-130J aircraft for the Coast
Guard's fleet, project management, outfitting of existing
aircraft, and a training simulator.
Long-Range Unmanned Aircraft.--The recommendation provides
$98,000,000 for these aircraft and necessary ground stations.
The Committee supports the Coast Guard increasing its use of
long-range, unmanned aircraft given the success of the MQ-9
Joint Program Office with CBP. These aircraft provide a cost-
effective platform to improve high-seas interdiction and
maritime rescue. Several of the Coast Guard's missions, such as
International Ice Patrol, can be entirely replaced by unmanned
systems. As the Coast Guard develops this program, the
Committee encourages the Service to consider any potential cost
savings from co-locating ground stations with existing DHS or
DoD facilities.
Medium Unmanned Aircraft Systems (mUAS).--The Committee
notes the success of unmanned aircraft systems deployed on NSCs
for improving intelligence, surveillance, and reconnaissance.
The Coast Guard is urged to consider the viability of including
mUAS on Medium Endurance Cutters and OPCs.
MH-60T.--The Committee supports the Coast Guard's
recapitalization and transition to a rotary wing fleet
consisting of all MH-60T aircraft and provides $100,000,000 for
additional aircraft and other necessary components.
Other Acquisition Programs
The recommendation includes $30,000,000 for In-Service
Systems Sustainment, $30,000,000 for Cyber and Enterprise
Mission Platform, $25,000,000 for C4ISR, $21,500,000 for
Program Oversight and Management, $9,040,000 for Other
Equipment and Systems, and $4,500,000 for Survey and Design--
Vessels, Boats, and Aircraft.
Basic Handheld Radiation Isotope Identifiers.--The
recommendation provides $2,040,000 for Basic Handheld Radiation
Isotope Identifiers that were previously procured for the Coast
Guard by the Countering Weapons of Mass Destruction Office.
Command, Control, Communications, Computers, Intelligence,
Surveillance and Reconnaissance (C4ISR) Integration.--The
Committee notes the capabilities of the government-owned
Minotaur mission system that links sensors, cameras, radar, and
other C4ISR components into a single system and understands it
is currently deployed or planned for deployment on Coast Guard
air and sea assets, as well as other DHS partner agency assets.
The Committee encourages the Coast Guard to leverage
appropriate resources to continue to include Minotaur in the
missionization of new assets and further encourages the Coast
Guard to continue expansion of the retrofit of legacy assets
such as the fleet of FRCs.
GIS Modernization.--The Committee notes the importance of
the Coast Guard's Enterprise GIS Modernization and Expansion to
allow the SEXTANT program to improve maritime domain awareness
workflows that directly support the Marine Transportation
System by keeping pace with technological advancements in
geographic information systems.
Shore Facilities and Aids to Navigation
The recommendation provides $270,000,000 for Shore
Facilities and Aids to Navigation, including $29,000,000 for
Chase Hall Barracks Annex A; $15,000,000 for Phase 2 of the NSC
and Ocean-Going Buoy Tender Homeport; and $15,000,000 for
planning improvements to the Coast Guard Yard.
Air Station Barbers Point Hangar Project.--The Committee
supports the Coast Guard's investments at Air Station Barbers
Point. Within 180 days of the date of enactment of this Act,
the Coast Guard shall provide a report to the Committee
containing an update on any unmet requirements for Air Station
Barbers Point air assets, including any new maintenance
requirements caused by the upgrade of both fixed wing and
rotary aircraft and the feasibility of building a permanent
hangar in addition to the tension hangar currently under
construction.
Coast Guard Academy Infrastructure.--The Committee
recognizes the significant need for capital investment in Coast
Guard Academy infrastructure to support the renovation and
modernization of facilities to maintain and increase
recruitment and retention. The Committee directs the Coast
Guard to provide a report within 180 days of the date of
enactment of this Act on a detailed, multi-year investment and
modernization plan for Coast Guard Academy infrastructure.
Additionally, the Coast Guard should include any actions
requested or required of Congress to facilitate such investment
and modernization. Further, the recommendation provides
$29,000,000 for Chase Hall Barracks Annex A.
Coast Guard Yard.--The Coast Guard Yard provides an
essential industrial capability for the Service. It cannot
currently accommodate NSCs or OPCs and is badly in need of
modernization. The Committee recommends $15,000,000 for the
Coast Guard to begin planning yard modernization.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2025....................... $7,476,000
Budget request, fiscal year 2026...................... 67,701,000
Recommended in the bill............................... 7,476,000
Bill compared with:
Appropriation, fiscal year 2025..................... - - -
Budget request, fiscal year 2026.................... -60,225,000
HEALTH CARE FUND CONTRIBUTION\1\
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\1\This is a permanent indefinite discretionary appropriation.
Appropriation, fiscal year 2025....................... $281,851,000
Budget request, fiscal year 2026...................... 297,731,000
Recommended in the bill............................... 297,731,000
Bill compared with:
Appropriation, fiscal year 2025..................... +15,880,000
Budget request, fiscal year 2026.................... - - -
The Health Care Fund Contribution accrues the Coast Guard's
military, Medicare-eligible health benefit contribution to the
Department of Defense Medicare-Eligible Retiree Health Care
Fund. Contributions are for future Medicare-eligible retirees,
as well as retiree dependents and their potential survivors.
RETIRED PAY
Appropriation, fiscal year 2025....................... $1,210,840,000
Budget request, fiscal year 2026...................... 1,249,000,000
Recommended in the bill............................... 1,249,000,000
Bill compared with:
Appropriation, fiscal year 2025..................... +38,160,000
Budget request, fiscal year 2026.................... - - -
The Retired Pay mandatory appropriation provides payments
as identified under the Retired Serviceman's Family Protection
and Survivor Benefits Plans and other retired personnel
entitlements identified under prior-year National Defense
Authorization Acts. This appropriation also includes funding
for medical care of retired personnel and their dependents.
United States Secret Service
Appropriation, fiscal year 2025....................... $3,318,797,000
Budget request, fiscal year 2026...................... 3,294,853,000
Recommended in the bill............................... 3,232,731,000
Bill compared with:
Appropriation, fiscal year 2025..................... -86,066,000
Budget request, fiscal year 2026...................... -62,122,000
Mission
The United States Secret Service (USSS or ``the Secret
Service'') protects and investigates threats against the
President and Vice President, their families, visiting heads of
state, and other designated individuals; protects the White
House, the Vice President's Residence, foreign missions, and
certain other facilities within Washington, D.C.; and
coordinates the security at National Special Security Events
(NSSEs). The Secret Service also investigates violations of
laws relating to counterfeiting of obligations and securities
of the United States; financial crimes, including access device
fraud, financial institution fraud, identity theft, and
computer fraud; and computer-based attacks on financial,
banking, and telecommunications infrastructure. In addition,
the agency provides support for investigations related to
missing and exploited children.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2025....................... $3,238,982,000
Budget request, fiscal year 2026...................... 3,036,991,000
Recommended in the bill............................... 3,103,191,000
Bill compared with:
Appropriation, fiscal year 2025..................... -135,791,000
Budget request, fiscal year 2026.................... +66,200,000
Within the total amount provided for Operations and
Support, the bill makes $11,299,000 available until September
30, 2027 for certain activities.
Communications, Law Enforcement, and Awareness.--The
Committee provides $6,000,000 for the Secret Service's
initiative to modernize and enhance situational awareness,
communications, and sensor automation across protective and law
enforcement operations through edge processing in Sensor
Network Access Point.
Countering Small Unmanned Aircraft Systems (sUAS)
Technology and Training.--In light of the growing security
threat posed by sUAS and the need for SLTT law enforcement to
expand its usage of drones, the Committee recommends an
increase of $5,000,000 to develop a portable detection and
identification system for countering sUAS and for associated
training at the National Computer Forensics Institute.
Countering Unmanned Aircraft Systems (cUAS) Review.--USSS
is directed to conduct a review of its cUAS capabilities to
determine further technological needs to ensure the safety of
its protectees. The review shall include an evaluation of the
Secret Service's current cUAS technology and operational
readiness, as well as a cost assessment for technology
improvements. USSS shall provide a report to the Committee
within 180 days of the date of enactment of this Act on the
findings of the review.
Facial Recognition Technology for Investigations.--The
recommendation includes $5,400,000 for training and technology
that leverages open-source image analysis to enhance financial
criminal investigations.
Financial Crimes.--The Committee recognizes the efforts of
the Secret Service's Cyber Fraud Task Forces to combat bank
card access device fraud, including skimming, across the United
States. The Secret Service, in partnership with the Federal
Trade Commission, other law enforcement entities, and small
business owners, is encouraged to sustain and strengthen
efforts to educate the public about skimming, investigate
electronic crimes, and apprehend individuals responsible for
skimming.
Geospatial Technology.--The Committee is concerned with the
Secret Service's ability to access, utilize, and analyze
commercial space-based data and imagery products. As such, the
recommendation includes $2,000,000 for procurement of such
technology across all field offices to better prepare for and
execute protection of USSS protectees, as well as for NSSEs.
Within 180 days of the date of enactment of this Act, the
Secret Service shall brief the Committee on the procurement,
technical or policy impediments to integration, and additional
funds needed to expand the capabilities afforded by the
procured technology.
Mental Health Professionals.--The Committee directs the
Department to waive any freeze on hiring mental health
providers to support Secret Service personnel and report to the
Committee on its compliance not later than 30 days after the
date of enactment of this Act.
National Special Security Events (NSSEs).--The
recommendation includes $15,000,000 for the Service to prepare
for and execute future NSSEs, including the 2026 FIFA World
Cup. USSS shall provide to the Committee updates on a quarterly
basis detailing obligation and execution of funds, as well as
projected resource requirements for fiscal year 2027 and
beyond.
National Threat Assessment Center (NTAC).--The
recommendation includes an increase of $5,000,000 for NTAC,
which supports efforts by public and private sector entities to
confront the threat of targeted violence that impacts
communities, including schools.
The Committee encourages the NTAC to conduct additional
research into targeted violence and evidence-based practices in
preventing targeted violence impacting schools, workplaces,
houses of worship, universities, and other communities, to
establish a nationwide training plan, and promote the
development of best practices and standardization across all
levels of government. NTAC shall coordinate with relevant
federal and SLTT agencies; law enforcement; mental health
officials; and private entities in developing and offering
training courses on preventing targeted school violence to
public or private entities, including local education agencies.
Relevant findings shall be made publicly available on
SchoolSafety.gov.
The Committee directs the Secret Service to include
dedicated resources for NTAC in its fiscal year 2027 budget
submission to Congress.
Recruitment and Retention Initiatives.--The Committee
provides $10,000,000 to support recruitment and retention
initiatives that began in fiscal year 2025. The Committee
supports all efforts to ensure a robust workforce and
encourages the Secret Service to continue updating the
Committee with analyses of further recruitment and retention
needs.
Secret Service Hiring.--The Committee applauds the Secret
Service's progress in hiring throughout fiscal year 2025 and
provides $10,000,000 to continue such efforts. Within 180 days
of the date of enactment of this Act, the Secret Service shall
provide updated hiring projections for all law enforcement
positions from fiscal year 2026 to fiscal year 2030 and detail
resource requirements to meet such projections. The briefing
should also include ongoing efforts to decrease the time to
hire and increase yield rates from applicants to hires.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2025....................... $75,598,000
Budget request, fiscal year 2026...................... 254,612,000
Recommended in the bill............................... 126,290,000
Bill compared with:
Appropriation, fiscal year 2025..................... +50,692,000
Budget request, fiscal year 2026.................... -128,322,000
The recommendation includes $75,000,000 for the initial
phase of the White House Defense Training Facility project,
located at the James J. Rowley Training Center. USSS shall
provide a spend plan for these funds within 45 days of the date
of the enactment of this Act and shall submit a schedule of
construction progress on a quarterly basis. Additionally,
within 180 days of the date of enactment of this Act, the
Secret Service shall provide cost estimates for the second
phase of the project, to include Federal and contract staffing
needs.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2025....................... $4,217,000
Budget request, fiscal year 2026...................... 3,250,000
Recommended in the bill............................... 3,250,000
Bill compared with:
Appropriation, fiscal year 2025..................... -967,000
Budget request, fiscal year 2026.................... - - -
Title II--Administrative Provisions
Section 201. The Committee continues by reference a
provision regarding overtime compensation.
Section 202. The Committee continues a provision allowing
CBP to sustain or increase operations in Puerto Rico with
appropriated funds.
Section 203. The Committee continues a provision regarding
the availability of fee revenue collected from certain arriving
passengers.
Section 204. The Committee continues a provision allowing
CBP access to certain reimbursements for preclearance
activities.
Section 205. The Committee continues a provision regarding
the importation of prescription drugs by an individual for
personal use.
Section 206. The Committee continues a provision regarding
waivers of the Jones Act.
Section 207. The Committee continues a provision
prohibiting DHS from establishing a border crossing fee.
Section 208. The Committee continues a provision
prohibiting the obligation of funds prior to the submission of
an expenditure plan for funds made available for ``U.S. Customs
and Border Protection--Procurement, Construction, and
Improvements''.
Section 209. The Committee continues by reference a
provision prohibiting the construction of border security
barriers in specified areas.
Section 210. The Committee continues a provision on vetting
operations at existing locations.
Section 211. The Committee continues and modifies a
provision that describes the use of funds provided under the
heading ``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements''.
Section 212. The Committee includes a new provision
prohibiting the admission of aliens on F or M visas for
attendance at an unaccredited educational institution.
Section 213. The Committee includes a new provision
prohibiting the parole of Chinese nationals into the
Commonwealth of the Northern Mariana Islands.
Section 214. The Committee includes a new provision
prohibiting the entry of aerosol dispensing drones made in a
foreign adversary country.
Section 215. The Committee includes a new provision
prohibiting the use of funds to reduce participation in the
287(g) program.
Section 216. The Committee continues a provision regarding
the 287(g) program.
Section 217. The Committee continues a provision
prohibiting the use of funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support''
to contract for detention services if the facility receives
less than ``adequate'' ratings in two consecutive performance
evaluations.
Section 218. The Committee continues a provision regarding
the reprogramming of funds related to the detention of aliens.
Section 219. The Committee continues by reference a
provision that requires ICE to provide statistics about its
detention population.
Section 220. The Committee continues and modifies a
provision related to reporting on 287(g) agreements.
Section 221. The Committee includes a new provision
prohibiting the transportation of aliens into the interior of
the country for purposes other than enforcement.
Section 222. The Committee includes a new provision
prohibiting the provision or facilitation of abortion services,
with limited exceptions, for ICE detainees.
Section 223. The Committee includes a new provision
prohibiting the provision of gender-affirming care for ICE
detainees.
Section 224. The Committee includes a new provision
requiring the Secretary to make certain prioritizations and
ensure every alien enrolled in an Alternatives to Detention
program is equipped with mandatory GPS monitoring.
Section 225. The Committee continues a provision requiring
ICE to submit an initial obligation plan.
Section 226. The Committee includes a new provision
prohibiting the development, pilot, or implementation of a
physical identification card for aliens.
Section 227. The Committee includes a new provision
establishing the minimum rate of allowance paid to certain ICE
detainees.
Section 228. The Committee includes a new provision
limiting inspection parameters at certain facilities for the
provision of detention services.
Section 229. The Committee includes a new provision
regarding ICE's international presence.
Section 230. The Committee continues a provision clarifying
that certain elected and appointed officials are not exempt
from Federal passenger and baggage screening.
Section 231. The Committee continues a provision
authorizing TSA to use funds from the Aviation Security Capital
Fund for the procurement and installation of explosive
detection systems or for other purposes authorized by law.
Section 232. The Committee continues a provision directing
the Administrator of TSA to report to specified Committees
about the agency's investment plans.
Section 233. The Committee includes a new provision
amending current law to require briefings for unclaimed money
at TSA checkpoints.
Section 234. The Committee continues a provision
prohibiting funds made available by this Act under the heading
``Coast Guard--Operations and Support'' for recreational vessel
expenses, except to the extent fees are collected from owners
of yachts and credited to this appropriation.
Section 235. The Committee continues a provision requiring
submission of a future-years capital investment plan for the
Coast Guard.
Section 236. The Committee continues a provision allowing
for use of the Coast Guard Housing Fund.
Section 237. The Committee includes a new provision
prohibiting funds made available to the Coast Guard from being
used to enforce restrictions on vessel speed for the North
Atlantic right whale or the Rice's whale.
Section 238. The Committee continues a provision allowing
the Secret Service to obligate funds in anticipation of
reimbursement for personnel receiving training.
Section 239. The Committee continues a provision
prohibiting funds made available to the Secret Service from
being used for the protection of the head of a federal agency
other than the Secretary of Homeland Security, except when the
Director has entered into a reimbursable agreement for such
protection services.
Section 240. The Committee continues a provision allowing
the reprogramming of funds within ``United States Secret
Service--Operations and Support''.
Section 241. The Committee continues a provision allowing
for funds made available for ``United States Secret Service--
Operations and Support'' to be available for travel of
employees on protective missions without regard to limitations
on such expenditures in this or any other Act after
notification to the Committees on Appropriations.
Section 242. The Committee includes a new provision
regarding the standard of treatment for certain individuals in
CBP custody.
Section 243. The Committee includes a new provision
prohibiting funds from detaining or deporting U.S. citizens.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
Appropriation, fiscal year 2025....................... $2,873,008,000
Budget request, fiscal year 2026...................... 2,378,338,000
Recommended in the bill............................... 2,738,206,000
Bill compared with:
Appropriation, fiscal year 2025..................... -134,802,000
Budget request, fiscal year 2026.................... +359,868,000
Mission
The Cybersecurity and Infrastructure Security Agency (CISA)
is responsible for enhancing the security of the Nation's cyber
and physical infrastructure and interoperable communications
systems; safeguarding and securing cyberspace; and
strengthening national preparedness and resilience.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2025....................... $2,382,814,000
Budget request, fiscal year 2026...................... 1,957,885,000
Recommended in the bill............................... 2,237,159,000
Bill compared with:
Appropriation, fiscal year 2025..................... -145,655,000
Budget request, fiscal year 2026.................... +279,274,000
Bimonthly Division Briefings.--CISA shall continue to brief
the Committee bimonthly on the operations of specific divisions
within the agency to include references to funded programs,
technology, personnel, contracts, and metrics, among other
pressing topics. CISA shall work with the Committee to identify
the agenda and scope of such briefings in advance.
Budget Operations Maturity.--The Committee is concerned
with the budgetary gimmicks used by CISA to account for past
over-hiring and shared services transfers that impact
congressional program priorities. CISA is directed to notify
the Committee at least five business days prior to any
realignment of funds under the section 503 threshold within the
bill including a detailed description of the PPA changes and
purpose. Not later than 60 days after the date of enactment of
this Act, CISA shall brief the Committee on its efforts to
improve its budgeting operations. The briefing shall include an
analysis of the last five fiscal year historical lapsed
balances by PPA and specific line items including efforts to
avoid this situation in the future. The briefing shall also
include a detailed description of all non-pay to pay transfers
and shared services transfers made over the last three fiscal
years and how CISA will avoid needing to execute similar
transfers moving forward.
Cyber Incident Reporting for Critical Infrastructure Act
(CIRCIA) Requirements.--Public Law 117-103 mandates that CISA
publish a Notice of Proposed Rulemaking in the Federal Register
within 24 months of enactment of that Act, and issue a final
rule 18 months later, due September 2025, to implement
mandatory cyber incident reporting for all critical
infrastructure owners and operators. A subset of these owners
and operators, to be defined in the rulemaking, will be
required to report any cyber incident to CISA within 72 hours
and any ransom payment within 24 hours. The recommendation
includes additional funds for CIRCIA requirements to ensure
seamless implementation. As part of the required quarterly
budget and staffing briefings, CISA shall brief the Committee
on a spend plan for all CIRCIA-dedicated funding and the
statutory requirements supported.
Defense Capabilities.--The Committee urges CISA to identify
and report to Congress on programs and initiatives that bolster
its defense capabilities to prevent, identify, and remediate
specific tactics and vulnerabilities known to be used by the
People's Republic of China and other foreign adversary cyber
actors against U.S. critical infrastructure.
Grant Reporting.--CISA, in coordination with FEMA, is
directed to continue providing the information required under
this heading in House Report 118-123 accompanying Public Law
118-47.
Pay Projections and Analysis.--CISA shall continue to
provide pay projections and analysis as required under this
heading in House Report 118-123 accompanying Public Law 118-47
that appropriately compares enacted versus onboard personnel
numbers to enable timely congressional review of salary and
benefit information during the quarterly budget and staffing
briefings. The required pay projections and analysis shall
include cyber pay considerations. The Committee notes this
information is important when assessing CISA's progress toward
hiring goals.
Quarterly Budget and Staffing Briefings.--CISA is directed
to continue to provide quarterly budget and staffing briefings
as described in the explanatory statement accompanying Public
Law 117-103.
Social Media Policy.--CISA is reminded that it is required
under this heading in the explanatory statement accompanying
Public Law 118-47 to transmit to the Committee an official
policy concerning content-related engagement with social media
companies and content platforms, including rules of engagement
and subject matter parameters of such engagements among the
other listed requirements.
Triannual Classified Briefings.--Beginning 30 days after
the date of enactment of this Act, and triannually thereafter,
CISA shall provide a classified briefing on significant threats
to the Nation within the purview of CISA's mission. The
briefings shall include at a minimum: intelligence informing
programmatic or organizational changes or actions, ongoing
threats to cyber or critical infrastructure, and steps taken to
mitigate detected threats.
Cybersecurity
The recommendation includes $1,094,842,000 for the
Cybersecurity Division. This includes budget request
consolidations within the Cybersecurity Division for shared
services efficiencies and budget request transfers to Mission
Support due to strategic contract realignments and the
consolidation of IT systems within the Office of the Chief
Information Officer; increases of $2,004,000 for CIRCIA
implementation and $3,200,000 for cybersecurity shared services
for critical infrastructure; and decreases of: $12,022,000 due
to cost savings from initial voluntary deferred resignations,
$17,430,000 for previously funded vacancies, and $20,000,000
for cost savings due to election security mission
consolidation.
The Committee supports the use of further cost savings for
protective Domain Name System (DNS), open-source software, and
supply chain security enhancements. Accordingly, the
recommendation reverses some non-pay to pay transfers made in
fiscal year 2025 to allow CISA flexibility to invest in such
cybersecurity enhancements.
Attack Surface Management (ASM).--The recommendation
includes a minimum of $73,700,000 to sustain prior year funding
levels for CISA's ASM program to improve situational awareness
of internet-facing attack surface vulnerabilities. The
Committee recognizes that CISA's ASM capabilities have
dramatically improved the agency's situational awareness of
internet-facing attack surface vulnerabilities across the
Federal Civilian Executive Branch (FCEB), SLTT, and select
critical infrastructure partner networks before they can be
exploited by foreign adversaries. To ensure the efficient use
of funds and enable effective program execution, CISA is
encouraged to leverage dedicated and sustainable procurement
vehicles for ASM program contractor support and commercial
capabilities. Not later than 120 days after the date of
enactment of this Act, CISA shall brief the Committee on the
feasibility of administering an ASM shared service offering for
FCEB partners, similar to what it already provides for DNS
security, to include capabilities for high impact environments
that handle the Federal government's most sensitive
unclassified data.
Critical Infrastructure Program.--The Committee directs
CISA to prioritize funds for the Critical Infrastructure
Program on the most consequential critical infrastructure
sectors being targeted by foreign nation-state actors. The
recommendation includes an increase of $3,200,000 for the
program. CISA shall consider bringing on new services to the
program and review the efficacy of a supply-chain vendor
certification and real-time risk monitoring tool that ensures
adherence to international best practices and security
standards. Not later than 120 days after the date of enactment
of this Act, CISA shall brief the Committee on a spend plan for
the program, the services offered to address specific
cybersecurity risks, how they made determinations about which
shared services to provide based on risk, and a prioritized
list of other shared services the program would implement if
resources allowed.
Cyber Education, Training, and Skilling.--The Committee
acknowledges the need to grow the number of qualified
cybersecurity professionals within the Federal government. The
Committee acknowledges the need to continue to upskill the
current Federal cybersecurity workforce to address the shortage
of qualified cybersecurity professionals. The Committee
continues to support sustained investment in the Cyber Defense
Education and Training (CDET) program; the Federal Cyber
Skilling Academy; the National Initiative for Cybersecurity
Education; and the Cybersecurity Education and Training
Assistance Program (CETAP). The Committee encourages CISA to
collaborate with four-year academic institutions with specific
expertise in addressing the challenges of emerging artificial
intelligence technology with the goal of strengthening the
Nation's cyber defenses and building a more resilient, skills-
based workforce. CISA is also encouraged to consider
partnerships with universities to create tailored programs that
build upon students' prior learning experiences such as skills
acquired through military service, community college programs,
technical certifications, and other non-degree educational
experiences.
DHS Contractor Cyber Readiness Pilot.--Not later than 270
days after the date of enactment of this Act, CISA is directed
to brief the Committee on its assessment of the efficacy of a
cyber readiness pilot that would identify critical DHS
contractors based on strategic importance and risk profile,
conduct in-depth cybersecurity assessments using NIST SP 800-
171 standards, and deliver tailored remediation plans and
provide ongoing support to ensure compliance. The goal of such
pilot program would be to improve the protection of Controlled
Unclassified Information and the integrity of national security
supply chains. The assessment shall include resource
considerations for: initial planning and contractor selection,
vulnerability assessments and remediation consultation
services, analytical reporting and tailored remediation
recommendations, and follow-up monitoring and compliance
verification.
Memory Safety.--The Committee encourages CISA, in
consultation with the Sector Risk Management Agencies, to
support the definition, design, development, distribution, and
testing of technology that fosters memory safe protection of
critical open-source packages which underpin critical
infrastructure. Qualifying critical infrastructure improvements
should minimize system downtime by reducing the number of
critical security patches that need to be applied, be certified
or certifiable to meet safety standards in their industries,
and able to be implemented in a timely manner. Not later than
180 days after the date of enactment of this Act, CISA shall
brief the Committee on its progress to harden critical
infrastructure memory safety attack surfaces across priority
critical infrastructure sectors.
Persistent Access Capability (PAC).--The Committee
recognizes the critical role CISA's Endpoint Detection and
Response (EDR) PAC program plays in strengthening the
cybersecurity posture of FCEB agencies and ensuring proactive
threat hunting and incident response without operational
impacts to FCEB networks. The Committee directs CISA to
encourage all FCEB agencies to expeditiously implement the
timelines and implementation milestones set forth in associated
CISA guidance to achieve full enrollment of applicable
endpoints in PAC-compliant EDR solutions and adoption of
technical controls necessary to support real-time cyber threat
visibility across Federal networks. FCEB agencies shall ensure
that CISA has timely and effective access to required
cybersecurity data, consistent with established security,
privacy, and oversight measures. Not later than 120 days after
the date of enactment of this Act, CISA shall brief the
Committee on PAC implementation, including FCEB agency
compliance status, technical challenges, any resource
constraints, and recommended actions to ensure expeditious
adoption.
Post-Quantum Cryptography.--The Committee recognizes the
importance of FCEB agencies building robust and accurate
cryptographic inventories to support a post-quantum transition.
The Committee also recognizes the importance of automating
cryptographic inventories at FCEB agencies in alignment with
guidance from CISA, the National Institute of Standards and
Technology, and the Office of Management and Budget (OMB). Not
later than 180 days after the date of enactment of this Act,
CISA shall provide a briefing detailing: (1) the status of
automated cryptographic inventory adoption at FCEB agencies;
(2) gaps or inconsistencies in inventorying methods across
agencies; and (3) recommendations for standardizing and
enhancing automation to ensure seamless migration to quantum-
resistant cryptographic algorithms.
Red Teaming.--The Committee encourages CISA to consider
ways to enhance cybersecurity penetration testing and red
teaming activities for FCEB agencies, as well as high priority
critical infrastructure companies, to augment network hardening
and security operations.
Regulation Harmonization.--The Committee is concerned with
the proliferation of cybersecurity regulations from multiple
government entities and the potential impacts on effective and
efficient compliance. CISA's efforts to promote cybersecurity
regulatory harmonization should continue in collaboration with
the Office of the National Cyber Director with the goal of
strengthening security while reducing duplicative and
conflicting cybersecurity requirements to minimize time,
expense, and complexity of compliance. Not later than 90 days
after the date of enactment of this Act, CISA shall brief the
Committee on progress towards harmonizing and streamlining
duplicative cybersecurity rules and regulations. Additionally,
the brief should identify any remaining barriers to
harmonization and provide recommendations to expedite
solutions.
Security Operations Center Modernization.--CISA's Security
Operations Center ``as-a-Service'' (SOCaaS) offering, currently
delivered by the DOJ, provides FCEB agencies with a
customizable menu of security operations services including
threat monitoring, detection and incident response, threat
intelligence, and cybersecurity investigations. The Committee
notes that cutting edge cloud-delivered technologies leveraging
artificial intelligence and advanced machine learning are
rapidly accelerating the capabilities of both network defenders
and foreign adversaries. To stay ahead of the threat, Federal
network defenders must be able to access, interpret, and
rapidly analyze large amounts of security data from a variety
of deployed sensors and capabilities; quickly identify,
prioritize, and triage potential security incidents; and
quickly mitigate threats wherever possible. Therefore, CISA is
directed to work with the DOJ to assess the feasibility of
transitioning SOCaaS delivery to CISA and deploying a new,
modern SOCaaS offering capable of consolidating existing agency
network security data and tools into an AI-driven platform to
provide FCEB agencies state-of-the-art security intelligence
and automation management capabilities. Not later than 60 days
after the date of enactment of this Act, CISA and its DOJ
partners shall brief the Committee on its assessment and any
resources required to facilitate the transition.
Semiannual Cybersecurity Technology and Services
Briefings.--The Committee directs CISA to continue semiannual
briefings on the National Cybersecurity Protection System
(NCPS), the Continuous Diagnostics and Mitigation (CDM)
program, and Joint Collaborative Environment (JCE) including
information on the remaining NCPS capabilities and the new
Cyber Analytics and Data System capabilities. The briefings
shall include timelines and acquisition strategies from the
NCPS transition to JCE as well as a full description of the CDM
and JCE capabilities currently deployed; the gaps remaining;
and funding levels for the prior fiscal year, the current
fiscal year, and the budget year for each capability.
Specific Foreign Vehicle Cyber Risks.--The Committee
recognizes the importance of better understanding the potential
security risks of vehicles operating in the United States that
send telemetry to and receive updates from companies considered
foreign entities of concern and whether such entities empower
their governments to access sensitive data for national
security purposes. Such activity would raise significant
privacy and security concerns for data used by connected
vehicles manufactured and operated by companies incorporated in
foreign countries of concern, particularly the potential for
unauthorized access to collect and transmit data, implement
surveillance capabilities embedded within a vehicle's
technology, and disable some vehicles. The Committee directs
CISA, in partnership with the appropriate Sector Risk
Management Agencies, to identify potential risks to U.S.
critical infrastructure related to vehicles that send telemetry
to and receive updates from companies considered as foreign
entities of concern. CISA shall report to the Committee on its
findings not later than 240 days after the date of enactment of
this Act.
State and Local Cybersecurity Grant Program (SLCGP).--The
Committee encourages CISA, in coordination with FEMA, to
consider targeted outreach to elementary and secondary schools
as the Department administers the SLCGP.
Infrastructure Security
The recommendation includes $120,889,000 for the
Infrastructure Security Division. This includes budget request
transfers to Mission Support due to strategic contract
realignments and consolidation of IT systems within the Office
of the Chief Information Officer; an increase of $1,350,000 for
2026 FIFA World Cup activities; and decreases of: $1,895,000
due to cost savings from initial voluntary deferred
resignations, $3,398,000 for previously funded vacancies, and
$8,251,000 for cost savings due to the lapse in the Chemical
Facility Anti-Terrorism Standards program authorization.
Bombing Prevention.--The recommendation includes
$26,623,000 for the Office for Bombing Prevention (OBP). The
CISA OBP plays a critical role in ensuring public safety and
reducing the Nation's vulnerability to explosive threats by
building capabilities to deter, prevent, and respond to bombing
incidents and the use of explosives against critical
infrastructure. The Committee encourages CISA to enhance
partnerships between OBP and entities addressing similar
missions, including the FBI's Hazardous Devices School and
Terrorist Devices Analytic Center and the ATF's National Center
for Explosives Training and Research and U.S. Bomb Data Center.
Not later than 90 days after the date of enactment of this Act,
CISA shall provide a briefing to the Committee on the cost-
benefit analysis and feasibility review of collocating OBP with
these entities to further such collaboration, including any
resources associated with collocating facilities and personnel.
Strengthening Preparedness for Critical Infrastructure and
Special Events.--The Committee recognizes that the CISA
Exercise Program provides valuable services that help SLTT and
private sector stakeholders enhance the security and resilience
of the Nation's critical infrastructure, enabling them to
prepare for and respond to threats or attacks targeting
critical infrastructure, mass gatherings, and other high-
profile events. This is particularly important in advance of
upcoming National Special Security Events, including the 2026
FIFA World Cup and the Olympics. Not later than 90 days after
the date of enactment of this Act, CISA shall provide a
briefing to the Committee on a spend plan for CISA Exercise
Support Services.
Emergency Communications
The recommendation includes $91,422,000 for the Emergency
Communications Division. This includes budget request transfers
to Mission Support due to strategic contract realignments and
consolidation of IT systems within the Office of the Chief
Information Officer; increases of: $850,000 for 2026 FIFA World
Cup activities and $3,200,000 for network priority services
proofs of concept; and decreases of: $210,000 for cost savings
due to the workforce transition program, $1,682,000 due to cost
savings from initial voluntary deferred resignations,
$2,000,000 for a grant program, and $2,100,000 for previously
funded vacancies.
First Responder Emergency Medical Communications Program
(REMCDP).--The recommendation reduces the REMCDP program to
$2,000,000 for CISA to administer competitive grants for SLTT
merit-based demonstration projects and technical assistance
offerings that support the implementation of the National
Emergency Communications Plan through innovative approaches to
interoperable emergency medical communications in rural areas.
Next Generation Network Priority Services (NGN-PS).--The
Committee is aware of proofs of concept currently supported
through the NGN-PS Phase II program, including the development
of highly customizable platforms enabling communication between
disparate wireless and wired protocols. The recommendation
includes an enhancement of $3,200,000 for the NGN-PS program.
Securing Communications Networks.--CISA is urged to
continue to identify ways to encourage Federal, SLTT, and
private sector partners to replace any technology or services
provided by companies on the Federal Communications Commission
Covered List (List of Equipment and Services Covered by section
2 of the Secure Networks Act), the use of which leaves entities
exposed to cyber vulnerabilities and foreign espionage.
Integrated Operations
The recommendation includes $213,398,000 for the Integrated
Operations Division. This includes budget request
consolidations within Integrated Operations for the chemical
security mission and transfers to Mission Support due to
strategic contract realignments and consolidation of IT systems
within the Office of the Chief Information Officer; increases
of: $800,000 for 2026 FIFA World Cup activities, $2,460,000 for
chemical security mission realignment, and $15,219,000 for
CIRCIA implementation; and decreases of: $1,950,000 for cost
savings due to election security mission consolidation,
$5,336,000 for previously funded vacancies, $5,505,000 for cost
savings due to the workforce transition program, and
$12,331,000 due to cost savings from initial voluntary deferred
resignations.
CISA Support to Pacific Islands.--The Committee supports
the work of CISA in bolstering the cyber and physical security
of Federal, SLTT, and critical infrastructure partners in the
Indo-Pacific region and encourages CISA to consider potential
areas for growth, including resources needed to expand such
Pacific Island engagement to counter activities by foreign
nation-state actors. The Committee also encourages CISA to
assess the cybersecurity of Guam's energy installations, in
coordination with Guam Power Authority, to determine areas of
need and opportunities for federal support.
Regional Security Advisors.--The Committee urges CISA to
fill security advisor vacancies in the ten CISA regional
offices, as highlighted in the 2022-2026 Strategic Plan. These
advisors will be in addition to the Cybersecurity State
Coordinators established in furtherance of section 1717 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (P.L. 116-283), in order to supplement
regional capability in areas of high demand or particular
national security importance. Within 90 days of the date of
enactment of this Act, CISA shall brief the Committee with
representatives from the regional offices on efforts to fill
these vacancies.
Risk Management Operations
The recommendation includes $67,206,000 for the Risk
Management Operations Division. This includes budget request
transfers to Mission Support due to strategic contract
realignments and consolidation of IT systems within the Office
of the Chief Information Officer and decreases of: $931,000 for
cost savings due to election security mission consolidation,
$1,091,000 due to cost savings from initial voluntary deferred
resignations, $3,093,000 to refocus the National Risk
Management Center on critical infrastructure, and $16,295,000
for previously funded vacancies.
Digital Twin Technology.--The Committee recognizes that
digital twin technology can provide real-time information
regarding the physical and cybersecurity of important
facilities, systems, and assets. The Committee encourages CISA
to consider whether digital twin technology would improve its
ability to understand, manage, and reduce risk to the Nation's
cyber and physical infrastructure.
Stakeholder Engagement and Requirements
The recommendation includes $89,847,000 for the Stakeholder
Engagement and Requirements Division. This includes budget
request transfers to Mission Support due to strategic contract
realignments and consolidation of IT systems within the Office
of the Chief Information Officer; an increase of $3,200,000 for
a cyber capacity building program; and decreases of: $390,000
for cost savings due to the workforce transition program,
$794,000 due to cost savings from initial voluntary deferred
resignations, $2,396,000 for previously funded vacancies.
Cyber Innovation Center.--The recommendation includes an
additional $3,200,000 for the Cyber Innovation Center.
Cyber Talent Programs.--The Committee supports CISA's
efforts to work with FCEB agencies to streamline cyber
workforce and education programs and recognizes the value of
the following programs: the CISA Try Cyber program, which helps
provide early skill identification and the fostering of cyber
career interest of critically needed cyber talent; the Threat
Sandbox Challenges program, which allows CISA to provide rapid
training to future cyberspace defenders on some of the most
dangerous Common Vulnerabilities and Exposures (CVE) identified
in the CISA Known Exploited Vulnerabilities (KEV) Catalog; and
AI workforce programs. These programs ensure that CISA is
prepared to provide early skill identification within cyber and
AI jobs internally and support cyber talent identification and
pipeline programs for the FCEB. The Committee encourages CISA
to use cost savings from deferred resignations within the
Stakeholder Engagement PPA to bolster such programs.
Mission Support
The recommendation includes $559,555,000 for the Mission
Support Division. This includes increases due to budget request
transfers for strategic contract realignments and consolidation
of IT systems within the Office of the Chief Information
Officer and decreases of: $853,000 due to cost savings from
initial voluntary deferred resignations, $6,510,000 for
previously funded vacancies, $16,800,000 for cost savings due
to the workforce transition program, and $34,675,000 for
Mission Support efficiencies consistent with the budget
request.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2025....................... $489,401,000
Budget request, fiscal year 2026...................... 420,453,000
Recommended in the bill............................... 501,047,000
Bill compared with:
Appropriation, fiscal year 2025..................... +11,646,000
Budget request, fiscal year 2026.................... +80,594,000
The recommendation for Procurement, Construction, and
Improvements includes $396,147,000 for the CDM program,
$65,810,000 for the Cyber Analytics Data System (CADS),
$29,090,000 for Next Generation Networks Priority Services, and
$10,000,000 for the CyberSentry program.
Cloud-Native Security.--The Committee is aware of the CISA
CDM program's testing and evaluation of commercially available
cloud native application protection platform solutions. Such
solutions help FCEB agencies better protect cloud
infrastructure and modern applications by remediating
vulnerabilities and preventing attacks. These solutions also
provide CISA with comprehensive visibility into the security
posture of Federal network cloud infrastructure. Not less than
$8,000,000 of the amount provided for CDM shall be available
for the deployment of proven, scalable cloud native application
protection platform tooling to the FCEB. The Committee
encourages CISA to leverage commercial solutions that meet the
highest level of security requirements for cloud-delivered
services on unclassified networks to FCEB agencies, in order to
better protect federal agencies' most sensitive unclassified
data and secure federal agency software solutions through the
software development lifecycle. CISA shall include an update on
steps taken to fulfill this guidance during required fiscal
year 2026 quarterly CDM program execution briefs.
CyberSentry.--Not later than 90 days after the date of
enactment of this Act, CISA shall transmit to the Committee a
spend plan for the additional CyberSentry capacity it will
achieve with the $10,000,000 provided for fiscal year 2026. The
Committee encourages CISA to add at least 30 new CyberSentry
partners with the funds provided and to accelerate the
engineering required to reduce the cost per deployment and
achieve further scalability of the program. CISA is directed to
prioritize the expansion of the program to the top at-risk
critical infrastructure sectors and companies.
Endpoint Detection and Response Technologies.--The
Committee supports the comprehensive, real-time threat
detection and proactive threat prevention capabilities of EDR
technologies through the CDM program. These solutions replace
key legacy cybersecurity tools, simplify cyber programs, and
provide more complete protection for distributed enterprises,
including those with travel and remote work requirements.
Leveraging EDR, U.S. government defenders can perform threat
hunting, incident response, and a variety of other essential
cybersecurity tasks. CISA shall continue to provide the data
required under this heading as described in the explanatory
statement accompanying Public Law 118-47 during the semiannual
Cybersecurity Technology and Services briefings. In such
briefings, CISA shall include a timeline for deployment to
cloud environments and more information on how it is leveraging
EDR technologies to support vulnerability management, IT
hygiene, and to enable more responsive managed threat hunting.
The Committee provided an enhancement of $41,040,000 for CDM
Network Security Management, of which EDR is a part.
Internet of Things (IoT) Patch Automation.--The Committee
is aware that automated software patch remediation capabilities
have been certified by MITRE Labs as interoperable with the CDM
program's existing hardware asset management tools to
effectively remediate out-of-compliance IoT devices through
firmware, password, and certificate management capabilities.
CISA is directed to evaluate inclusion into CDM to make the
technology available for FCEB agencies.
Mobile Threat Defense (MTD) for Federal Civilian
Networks.--The Committee recognizes the increasingly
sophisticated methods being employed by both nation-state and
other actors to gain access to government mobile devices. The
Committee is concerned about the number of government devices
without mobile device security and the pace of deployment. The
recommendation includes an increase of $5,000,000 within the
CDM program to expedite the distribution of mobile device
security capabilities across FCEB agencies. The funds shall
address emerging threats to mobile devices by supporting the
deployment of MTD technologies, the integration of MTD with
other mobile security technologies, and the alignment of these
efforts with zero trust cybersecurity principles. Not later
than 180 days after the date of enactment of this Act, CISA
shall brief the Committee on progress made toward rolling out
MTD technologies across the FCEB, including milestones and
remaining challenges.
New CDM Capability Pilot.--The recommendation includes
$6,000,000 within the CDM program for piloting of new
technology capabilities to become available to FCEB agencies.
The maximum available for a single technology is $2,500,000,
and the Committee encourages CISA to test and evaluate multiple
commercially available technologies for inclusion in the pilot.
Not later than 120 days after the date of enactment of this
Act, CISA shall brief the Committee on a spend plan, including
the technologies chosen, the process for choosing the
technologies, and the new capabilities they would provide for
securing FCEB agencies.
Operational Technology (OT) Security.--The Committee is
encouraged by CISA's increased focus on the cybersecurity
posture of OT and Industrial Control Systems. Inventorying
allows agencies to establish a baseline to enable monitoring
and detecting unauthorized, abnormal, or potentially malicious
activities. Requiring agencies to incorporate IoT and OT assets
into the CDM program helps reduce agency threat surface,
increase visibility into the Federal cybersecurity posture, and
improve Federal cybersecurity response capabilities. CISA is
directed to evaluate inclusion into the new CDM capability
pilot to make the technology available for FCEB agencies.
Securing Artificial Intelligence (AI) Tools.--While the
safe and secure use of AI can enhance U.S. government mission
effectiveness, the use of unauthorized AI software, including
models developed by companies headquartered in, or operating
from, foreign countries of concern, can put government
networks, data, and applications at risk. Maintaining the
security and integrity of AI systems requires a comprehensive
approach involving continuous monitoring, assessment, and
improvement of the security posture of AI models, data, and
infrastructure, in order to effectively identify and address
vulnerabilities, misconfigurations, and potential risks
associated with AI adoption, and ensure compliance with data
handling and security regulations. The Committee is aware of AI
security posture management, access, and runtime security
solutions that can enable U.S. Federal agencies to proactively
protect AI systems from threats, minimize data exposure, and
maintain the trustworthiness of AI applications in Federal
networks. CISA is directed to evaluate inclusion into the new
CDM capability pilot to make the technology available for FCEB
agencies.
Software Bill of Materials (SBOM).--The Committee
recognizes the importance of SBOM protocols as a comprehensive
list of all components, libraries, and dependencies that
constitute software. This is critical for tracking components
to ensure security, compliance, and operational integrity. The
Committee also notes that such a program in CDM must support
all asset types, including applications, firmware, operating
systems, containers, and cloud workloads, at a government-level
scale imperative for the CDM program to meet its goals of
comprehensive visibility and near-instantaneous response
capabilities. CISA is directed to evaluate inclusion into the
new CDM capability pilot to make the technology available for
FCEB agencies.
Zero Trust Architecture (ZTA).--The Committee supports
CISA's efforts to guide the adoption of ZTA across FCEB
agencies. Not later than 180 days after the date of enactment
of this Act, CISA, in coordination with the Office of the
National Cyber Director and OMB, shall brief the Committee on
FCEB agency progress toward adopting Zero Trust Architectures,
as outlined in Federal government-wide policy memoranda and
standards, and efforts to engage FCEB agencies on leveraging
the CDM program to upgrade to Zero Trust solutions.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2025....................... $793,000
Budget request, fiscal year 2026...................... - - -
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2025..................... -793,000
Budget request, fiscal year 2026.................... - - -
The recommendation includes no funds for Research and
Development.
Federal Emergency Management Agency
Appropriation, fiscal year 2025....................... $27,296,780,000
Budget request, fiscal year 2026...................... 30,723,891,000
Recommended in the bill............................... 31,863,515,000
Bill compared with:
Appropriation, fiscal year 2025..................... +4,566,735,000
Budget request, fiscal year 2026.................... +1,139,624,000
Mission
The Federal Emergency Management Agency (FEMA) helps build,
sustain, and improve the Nation's capability to prepare for,
protect against, respond to, recover from, and mitigate all
hazards through disaster response, recovery, and grant programs
supporting first responders, emergency management, mitigation
activities, and preparedness.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2025..................... $1,483,990,000
Budget request, fiscal year 2026.................... 1,499,955,000
Recommended in the bill............................. 1,474,420,000
Bill compared with:
Appropriation, fiscal year 2025................... -9,570,000
Budget request, fiscal year 2026.................. -25,535,000
The recommendation includes $1,474,420,000 for FEMA
Operations and Support, including increases of: $111,000 for
cloud modernization and maintenance, $2,907,000 for Community
Project Funding grant administration, $3,000,000 for 2026 FIFA
World Cup activities, $5,137,000 for continuity of
communications, $6,000,000 for technology enhancements,
$47,000,000 for the Mt. Weather Emergency Operations Center,
and decreases of: $83,873,000 for previously funded vacancies
and $9,180,000 consistent with the administration's requested
reduction of equity related positions.
Deferred Resignation Program (DRP).--The Committee is aware
that FEMA is one of the DHS components that will see a
significant reduction to its number of full-time employees due
to the DRP process in which hundreds of employees chose to
voluntarily separate from the agency in fiscal year 2025. The
Committee supports the use of further cost savings towards IT
modernization efforts to streamline FEMA programs and systems.
Mitigation
Building Resilient Infrastructure and Communities (BRIC)
Program.--The BRIC program was established by Congress in the
Disaster Recovery Reform Act of 2018 (P.L. 115-254) and signed
into law by President Trump with bipartisan support. While the
program was originally intended to improve disaster mitigation
efforts and decrease the costs associated with Federal disaster
relief, over the last few years the program shifted outside its
intended scope. However, the Committee is disappointed that
FEMA unilaterally decided to cancel the program instead of
implementing appropriate reforms to improve it. The Committee
urges the Department to identify and implement reforms as
needed without forgoing investments critical to communities
across the country to prepare for and recover from future
natural disasters.
Forest Fire Mitigation.--The Committee notes that new homes
continue to be built within the ``wildland-urban interface''
(WUI) and that as many as 4.5 million homes are at high or
extreme risk of wildfires. FEMA is encouraged to identify more
ways to support at-risk communities, particularly those in the
WUI, that wish to proactively implement mitigation measures,
particularly through the pre-disaster mitigation program among
others.
Hazard Mitigation Natural Infrastructure.--The Committee is
aware that rehabilitation or establishment of natural
infrastructure, including but not limited to marshes, wetlands,
mangroves, and dunes can improve resilience, reduce damage from
flooding and coastal storm surges, and provide effective
floodplain management. Such natural infrastructure can also
have long-term beneficial impacts on topography, soils, water
quality, wetlands, floodplains, coastal resources, aquatic
resources, and public health and safety in coastal areas. The
Committee encourages FEMA to continue to engage with other
Federal and non-Federal stakeholders to develop and support
conservation and environment-based flood mitigation measures
and to utilize mitigation grant funds for natural
infrastructure projects.
Preparedness and Protection
Animal Wellness Act Implementation and Mobile Pet
Shelters.--The Planning for Animal Wellness Act (P.L. 117-212)
required FEMA to establish a working group of experts to review
and recommend best practices and Federal guidance on the needs
of household pets, service and assistance animals, and captive
animals, as appropriate, in emergency and disaster
preparedness, response, and recovery. FEMA shall keep the
Committee apprised of its efforts to implement Public Law 117-
212 and any recommendations made by the working group not later
than 90 days after the date of enactment of this Act. FEMA is
encouraged to consider ways to provide mobile pet shelter sites
for use during major disasters or units that can be deployed
quickly to offer temporary shelter and transport for household
pets.
Strategic Stockpiles.--FEMA, in partnership with the
Department of Health and Human Services, shall provide an
update within 90 days of the date of enactment of this Act on
the coordination of Federal resources to strengthen the
capabilities of state strategic stockpiles, minimize
duplication, and respond strategically to emergencies.
Wireless Emergency Alerts.--The Committee reminds FEMA of
the requirement under this heading in House Report 118-123
accompanying Public Law 118-47 and urges the on-time
transmission of the report.
Response and Recovery
Innovative Technologies in Coordinated Disaster Response.--
The Committee is aware that FEMA employs innovative
technologies, including Geographic Information System (GIS)
tools in collaboration with nonprofit entities, to improve
disaster response capabilities, such as urban search and rescue
software platforms. The recommendation includes $3,000,000 for
the Office of Response and Recovery, in close coordination with
the U.S. Fire Administration, to expand existing geospatial
search and rescue training, planning, and response program in
collaboration with appropriate partners and to continue
sustainment and expansion of search and rescue geospatial
support technology solutions in preparation for emergency
incidents and disaster responses. In addition, the Committee
directs FEMA to ensure imagery and information collected
through these tools and technologies be made routinely
available to support joint preliminary damage assessments and
the delivery of FEMA's disaster assistance programs, as
appropriate. FEMA shall consider appropriate data exchange
between these efforts and the National Emergency Response
Information System (NERIS). Not later than 60 days after the
date of enactment of this Act, FEMA shall brief the Committee
on a spend plan for the funds and information on how FEMA plans
to integrate the solution, where appropriate, with NERIS.
National Urban Search and Rescue (US&R) Response System.--
The Committee recommends a total of $56,000,000 to support the
28 US&R Task Forces, which conduct critical search, rescue, and
recovery operations around the country and are deployed on a
moment's notice. State and local partners provide significant
contributions to ensure these teams are operationally ready to
deploy to nationwide disasters, but the funding needs of each
task force have exceeded the ability of local partners to
support them on their own. This reflects rapidly rising costs
due to increased labor and equipment costs, an increase in the
frequency of deployments, and an expansion of expected response
capabilities.
Synthetic Aperture Radar (SAR) Satellite-Driven Hazard
Monitoring.--The Committee recognizes that shortening natural
disaster response times saves lives, reduces suffering, and
helps communities recover quicker. The Committee understands
that FEMA has used SAR satellite-driven hazard monitoring
technology to analyze disasters such as floods and wildfires,
and this data has specifically been proven effective in
streamlining disaster declarations, improving immediate
situational awareness, and in supporting FEMA's community
engagements following major disasters. The recommendation
includes $3,000,000 for FEMA to expand the use of this SAR-
driven hazard monitoring technology to help FEMA reduce fraud,
streamline individual assistance payments, decrease reliance on
costly airborne assets, and save taxpayer dollars through
enterprise-wide efficiencies. Not later than 120 days after the
date of enactment of this Act, FEMA shall brief the Committee
on a spend plan for the funds and its efforts to integrate SAR
satellite-driven hazard monitoring technology into its disaster
operations.
Veterinary Emergency Teams Pilot.--Consistent with section
1218 of the Disaster Recovery Reform Act of 2018 (P.L. 115-
254), the Committee strongly encourages FEMA to coordinate with
appropriate federal agencies to partner with accredited
colleges of veterinary medicine with a history of disaster
response deployments in order to establish one or more national
veterinary emergency teams.
Mission Support
Enterprise-Wide Technology.--Not later than 180 days after
the date of enactment of this Act, the FEMA office of the Chief
Information Officer, in coordination with program offices
including those that utilize GIS and SAR technology, shall
develop a strategy to implement a persistent enterprise-wide
suite of technology solutions that can be used during the life-
cycle of FEMA's emergency response and recovery efforts. The
strategy shall incorporate different types of technology that
FEMA would benefit having persistent enterprise-wide access to,
the use cases for such technology in multiple different types
of application, a cost-benefit analysis of persistent versus
one-off procurement of such technology, and a process for
offices to identify technology needs and nominate solutions for
consideration.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2025....................... $99,528,000
Budget request, fiscal year 2026...................... 156,419,000
Recommended in the bill............................... 158,419,000
Bill compared with:
Appropriation, fiscal year 2025..................... +58,891,000
Budget request, fiscal year 2026.................... +2,000,000
The recommendation includes $158,419,000 for FEMA
Procurement, Construction, and Improvements, including
$2,000,000 for the National Fire Incident Reporting System,
$12,000,00 for the Integrated Public Alert and Warning System,
$12,284,000 for Financial Systems Modernization, $16,135,000
for Enterprise Data & Analytics Modernization, $52,375,000 for
the National Continuity Strategic Partner Program, and
$63,625,000 for Mt. Weather Facilities.
FEDERAL ASSISTANCE
Appropriation, fiscal year 2025....................... $3,203,262,000
Budget request, fiscal year 2026...................... 2,593,517,000
Recommended in the bill............................... 3,756,676,000
Bill compared with:
Appropriation, fiscal year 2025..................... +553,414,000
Budget request, fiscal year 2026.................... +1,163,159,000
A comparison of the fiscal year 2025 enacted level to the
Committee recommended level by budget activity is as follows:
------------------------------------------------------------------------
FY25 Enacted Recommendation
------------------------------------------------------------------------
Grants
State Homeland Security Grant 468,000,000 520,000,000
Program......................
(Operation Stonegarden)... (81,000,000) (90,000,000)
(Nonprofit Security)...... - - - - - -
(Tribal Homeland Security (13,500,000) (15,000,000)
Grant Program)...........
Urban Area Security Initiative 553,500,000 615,000,000
(Nonprofit Security)...... - - - - - -
Nonprofit Security Grant 274,500,000 335,000,000
Program......................
Public Transportation Security 94,500,000 94,500,000
Assistance...................
(Amtrak Security)......... (9,000,000) (9,000,000)
(Over-the-Road Bus (1,800,000) (1,000,000)
Security)................
Port Security Grants.......... 90,000,000 100,000,000
Assistance to Firefighter 324,000,000 360,000,000
Grants.......................
Staffing for Adequate Fire and 324,000,000 360,000,000
Emergency Response...........
Emergency Management 319,500,000 355,000,000
Performance Grants...........
Flood Hazard Mapping and Risk 281,475,000 312,750,000
Analysis Program.............
Regional Catastrophic 10,800,000 9,720,000
Preparedness Grants..........
Emergency Food and Shelter.... 117,000,000 105,300,000
Next Generation Warning System 40,000,000 40,000,000
Community Project Funding..... - - - 170,000,000
-------------------------------------
Subtotal, Grants...... 2,897,275,000 3,377,270,000
Terrorism and Targeted (18,000,000) - - -
Violence Prevention (by
transfer)....................
Alternatives to Detention Case (15,000,000) - - -
Management (by transfer).....
Shelter and Services Program (650,000,000) - - -
(by transfer)................
-------------------------------------
Subtotal, Grants 3,580,275,000 3,377,270,000
(including transfers)
Education, Training, and Exercises
Center for Domestic 71,352,000 71,421,000
Preparedness.................
Center for Homeland Defense 16,200,000 16,200,000
and Security.................
Emergency Management Institute 32,240,000 32,319,000
U.S. Fire Administration...... 59,975,000 60,084,000
National Domestic Preparedness 90,900,000 101,000,000
Consortium...................
Continuing Training Grants.... 14,400,000 16,000,000
National Exercise Program..... 20,920,000 20,956,000
Securing The Cities Program... - - - 61,426,000
-------------------------------------
Subtotal, Education, 305,987,000 379,406,000
Training, and
Exercises............
-------------------------------------
Total, Federal 3,203,262,000 3,756,676,000
Assistance...........
Total, Federal Assistance $3,886,262,000 3,756,676,000
(including transfers)....
------------------------------------------------------------------------
Grants
Advanced National Security Training.--The Committee
recognizes the importance of providing accredited, advanced
national security training for first responders serving urban
and rural communities, as well as Tribal communities
nationwide. The Committee supports efforts to develop
intensive, immersive, and agency-integrated training that
enhances preparedness and response capabilities across a range
of evolving threats. The Committee encourages FEMA to
incorporate best practices and international expertise in areas
such as search and rescue, counterterrorism, border
enforcement, school safety, cybersecurity, cartel violence
response, mass casualty incidents, natural disaster response,
trauma care, and Post-Traumatic Stress Disorder. The Committee
supports FEMA's continued engagement with first responder
communities to ensure this training strengthens interagency
cohesion and operational readiness.
Continuing Training Grants.--The recommendation includes
$16,000,000 for Continuing Training Grants, including not less
than $6,000,000 to be competitively awarded for FEMA-certified
rural and Tribal training, of which not less than $3,000,000 is
for rural and not less than $3,000,000 is for Tribal. Special
emphasis should be given to filling rural training gaps as
identified in the National Tribal and Rural Training Needs
Assessment. The Committee also supports FEMA's use of
Continuing Training Grants for the National Cybersecurity
Preparedness Consortium.
Cost-Share Analysis.--FEMA is directed to provide
recommendations on the appropriateness of adjustments to
existing cost-sharing splits, or in the case that none exist,
new cost-sharing splits that improve the effectiveness and
resilience of the programs on American communities. FEMA shall
brief the Committee on the analysis and recommendations within
210 days of the date of enactment of this Act, to include any
legislative or regulatory action needed to carry out such
recommendations.
Flood Early Warning System Upgrades.--The Committee
recognizes the importance of early warning systems in
protecting communities and infrastructure from the impacts of
flooding. The Committee encourages FEMA to work with SLTT
governments to identify ways to upgrade their flood warning
systems using existing Federal resources.
National Domestic Preparedness Consortium (NDPC).--The
Committee recommendation includes $101,000,000 for the NDPC and
acknowledges its positive impact on domestic preparedness by
training emergency responders and event personnel against a
range of threats including chemical, biological, radiological,
nuclear, and explosives incidents. The Committee recognizes the
potential threats inherent to large spectator sports and
special events particularly as communities around the Nation
prepare for the 2026 FIFA World Cup and the 2028 Olympics. Of
the funds provided, $3,000,000 shall be used to improve
domestic preparedness and provide training to emergency
responders and event personnel involved in such large spectator
events.
Next Generation Warning System.--The Committee supports the
mission of the Next Generation Warning System Grant Program
(NGWSGP) to help public media entities replace and upgrade
aging infrastructure needed to enhance alert, warning, and
other public safety communications systems to ensure national
resilience and the ability to meet the evolving nature of
public alerting challenges. The recommendation includes
$40,000,000 for NGWSGP.
Nonprofit Security Grant Program.--The Committee includes
$335,000,000 for the Nonprofit Security Grant Program. Within
180 days of the date of enactment of this Act, FEMA is directed
to brief the Committee on the Nonprofit Security Grant Program
for fiscal years 2023, 2024, and 2025. The briefing shall
detail by fiscal year: the number of grant applications
submitted, the total amount of grant funding requested, the
number of grants awarded, and, for each grant award, the name
of the recipient, the amount, and the project type including
detailed information on what the funds will be used for. The
brief shall also include an analysis of the impacts of the
program, including tangible results demonstrating how the
program has improved preparedness and reduced the risk of
terrorist or other extremist attacks. The briefing shall also
include an analysis of the efficacy of the expanded scope of
the program to include nonprofit consortia. The Committee
encourages FEMA to work with states to consider the eligibility
of nonprofit organizations that memorialize historic sites of
acts of terrorism.
Operation Stonegarden.--The Committee strongly supports the
mission of the Operation Stonegarden program to enhance
cooperation and coordination among CBP, Federal, and SLTT law
enforcement agencies to improve overall border security. The
recommendation includes $90,000,000 for Operation Stonegarden.
The Committee reminds FEMA of the need to ensure states make
proper and timely distributions to local governments. The
Committee encourages the Department to explore how funding can
be used by grant recipients to purchase technology such as
cameras, sensors, drones, and communications upgrades including
land mobile radios. The Committee also encourages the
Department to explore how grant funding can be used to help
interdict illicit outbound firearms and currency.
School Safety.--The Committee encourages FEMA to work with
states and school districts to increase awareness of funding
opportunities for school hardening measures that may be
eligible activities under the Urban Area Security Initiative
(UASI), the State Homeland Security Program, and the Nonprofit
Security Grant Program. Funds may be used for bullet resistant
doors and glass; hinge-locking mechanisms; immediate
notification to emergency 911 systems; mechanisms that provide
real time actionable intelligence directly to law enforcement
and first responders; installation of distraction devices or
other countermeasures administered by law enforcement; and
other measures determined to provide significant improvement to
school physical security.
Shelter and Services Program (SSP).--The recommendation
includes no funds for SSP for fiscal year 2026.
UASI Review.--The Committee encourages the GAO to assess
the risk assessment model used to allocate funds for the UASI
grants and recommend any necessary changes to Congress to
ensure adequate funding for regions of similar populations.
Unmanned Aircraft Training.--The Committee supports the FAA
Center of Excellence for Unmanned Aerial Systems (ASSURE)
Unmanned Aircraft Systems (UAS) training program for first
responders in a leadership role to understand how to manage
larger-scale and more complex disasters. The Committee
encourages FEMA to work toward the development of a framework
to build workforce skills and a database of those capable of
applying them in local, state, and national emergencies. The
Committee supports FEMA's use of Continuing Training Grants for
this purpose.
DISASTER RELIEF FUND
Appropriation, fiscal year 2025....................... $22,510,000,000
Budget request, fiscal year 2026...................... 26,474,000,000
Recommended in the bill............................... 26,474,000,000
Bill compared with:
Appropriation, fiscal year 2025..................... +3,964,000,000
Budget request, fiscal year 2026.................... - - -
The recommendation includes $26,474,000,000 for the
Disaster Relief Fund, consistent with the President's fiscal
year 2026 request.
Cross-Agency Disaster Data Coordination and
Collaboration.--The Committee directs FEMA to continue to
collaborate with the Department of Housing and Urban
Development (HUD) and the Small Business Administration (SBA)
in a manner which allows for rapid and timely data collection
and sharing as it relates to federal disaster assistance,
including the determination of financial need for the DRF, the
Community Development Block Grant-Disaster Recovery (CDBG-DR)
program, and SBA disaster loans. These agencies are further
directed to provide joint monthly reports on need by federally
declared disaster, as that data becomes available. Upon
enactment of this Act, FEMA, HUD, and SBA are directed to
jointly brief the Committee if any of the three agencies
indicate that they cannot process or share the data as needed
in a timely manner. Finally, FEMA, HUD, and SBA are directed to
jointly brief the Committee no later than 90 days after
enactment of this Act on any challenges that exist in sharing
and processing data related to interplay of these three
disaster programs.
Disaster Assistance for New Mothers.--The Committee
recognizes the clinical benefits of breastfeeding for infants
and new mothers and urges FEMA to improve access to
breastfeeding supplies after major disasters through Critical
Needs Assistance or other programs. In the aftermath of a major
disaster, FEMA is directed to coordinate with SLTT and
volunteer organizations to ensure that disaster survivors have
information on support available for breastfeeding equipment
and supplies.
Disaster Assistance for Persistent Poverty Counties.--
Public Law 117-103 increased the Federal cost share from 75
percent to 90 percent for major disasters declared during
calendar years 2020 and 2021. The Committee encourages FEMA to
adjust the cost share for persistent poverty counties for
disasters declared during calendar year 2024.
Disaster Declaration Threshold Change Impact on Rural
Areas.--The Committee recognizes FEMA is conducting an ongoing
review of disaster declaration thresholds to improve the
process, but remains concerned that a rapidly implemented
significant increase to the threshold could unfairly affect
states that are more rural, with lower budgets, or that are
more susceptible to disasters. The Committee urges FEMA to
account for these considerations as it evaluates formal policy
changes moving forward.
Distribution of Surplus Goods During Emergencies.--The
Committee recognizes the challenges posed by major disasters
and the large volume of supplies that they require. Not later
than 120 days after the date of enactment of this Act, FEMA
shall brief the Committee on current operations related to the
procurement and storage of goods at warehouses for use during
major disasters, including the scope and scale of any product
insecurity, and an analysis of the efficacy of repurposing
returned or surplus consumer goods for these purposes. FEMA is
encouraged to engage with organizations that provide resources
that serve the public interest and have the capacity to ensure
that surplus goods are distributed and used appropriately.
Domestic Production of Disaster Shelters.--The Committee
recognizes the importance of the timely delivery of vital
assistance to victims in the aftermath of major disasters,
including shelter and housing assistance for individuals and
families displaced from their homes. The Committee strongly
encourages FEMA to ensure American-made shelters are considered
for purposes of providing federal disaster relief for future
major disasters.
Emergency Housing.--The Committee recognizes the vital
support FEMA provides to communities in the aftermath of major
disasters, including sheltering and housing assistance for
individuals and families displaced from their homes. The
Committee is concerned that housing shortages may impact
recovery efforts, reduce community resiliency, and cause long-
term displacement after a major disaster. FEMA is directed to
submit a report to the Committee within 180 days of the date of
enactment of this Act that details emergency housing operations
for major disasters over the last four years, including the
type of sheltering and housing assistance provided to survivors
and responders, the costs associated with the shelter and
housing assistance, the number of individuals and families
housed, and the duration of housing assistance.
GAO Assessment of Temporary Shelter Options.--The Committee
recognizes the need for FEMA to ensure vital resources deployed
in the aftermath of major disasters are done so in the most
efficient and cost-effective manner possible. As such, the
Committee requests that GAO conduct an assessment of current
commercial off-the-shelf temporary shelter options and whether
FEMA has utilized the most cost-effective solutions over the
past three years during natural disasters, including for the
Maui wildfires and Hurricane Ian.
Insurance Policy Review.--The Committee encourages FEMA to
review the 2015 Policy on Insurance to consider if there are
ways to better reflect the current commercial market and the
utilization by applicants of innovative mechanisms, including
self-retention plans funded with an applicant's own money, to
access commercial insurance products to cover losses from
natural disasters.
Major Disaster Telehealth Capabilities.--The Committee
recognizes the importance of uninterrupted access to health
care during major disasters and encourages FEMA to consider
ways to enable the deployment of telemedicine and mobile
diagnostic units in areas affected by such major disasters,
including virtual emergency room consultations and mobile
healthcare solutions.
Post-Disaster Temporary Shelter Options.--The Committee
encourages FEMA to review existing agency parameters regarding
the types of shelters eligible for federal reimbursement to
consider new and innovative industry materials, and other
viable, cost-effective options for SLTT governments.
Specifically, the Committee urges FEMA to review current
utilization restrictions and categorical eligibility regarding
temporary transportable housing units and alternative temporary
transportable housing units for disaster recovery efforts.
Proof of Residence.--The Committee recognizes that
survivors of natural disasters may face challenges in accessing
formal deeds and leases to prove ownership when applying for
FEMA assistance. The Committee encourages FEMA to consider ways
to broaden the array of proof of residence documents, to
include both digital and physical copies, without introducing
additional risk of fraud into the process. FEMA is encouraged
to brief the Committee on any changes it plans to make
accordingly not later than 30 days prior to implementation of
such changes.
Reimbursement Delays.--The Committee encourages FEMA to
work with SLTT governments to ensure they are providing
reimbursements in a timely manner to avoid costs related to
reimbursement payment delays.
NATIONAL FLOOD INSURANCE FUND
Appropriation, fiscal year 2025....................... $239,785,000
Budget request, fiscal year 2026...................... 202,100,000
Recommended in the bill............................... 202,100,000
Bill compared with:
Appropriation, fiscal year 2025..................... -37,685,000
Budget request, fiscal year 2026.................... - - -
Flood Insurance Rate Maps.--FEMA is reminded of the
requirement under this header in House Report 118-123
accompanying Public Law 118-47.
Title III--Administrative Provisions
(INCLUDING TRANSFERS OF FUNDS)
Section 301. The Committee continues and modifies a
provision regarding cybersecurity threat feeds.
Section 302. The Committee continues a provision limiting
expenses for the administration of grants.
Section 303. The Committee continues a provision specifying
timeframes for grant applications and awards.
Section 304. The Committee continues a provision requiring
a five-day advance notification for certain grant awards under
``Federal Emergency Management Agency--Federal Assistance''.
Section 305. The Committee continues a provision addressing
the availability of certain grant funds for the installation of
communications towers.
Section 306. The Committee continues a provision requiring
the submission of a monthly Disaster Relief Fund report.
Section 307. The Committee continues a provision permitting
waivers of certain Staffing for Adequate Fire and Emergency
Response grant program requirements.
Section 308. The Committee continues a provision providing
for the receipt and expenditure of fees collected for the
Radiological Emergency Preparedness Program, as authorized by
Public Law 105-276.
Section 309. The Committee continues a provision permitting
waivers of certain requirements pertaining to Assistance to
Firefighter Grants.
Section 310. The Committee continues a provision regarding
the transfer of unobligated balances under the National Pre-
Disaster Mitigation Fund.
Section 311. The Committee continues a provision regarding
the transfer of unobligated balances under the Flood Hazard
Mapping and Risk Analysis Program.
Section 312. The Committee includes a new provision that
amends the Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
Appropriation, fiscal year 2025....................... $281,140,000
Budget request, fiscal year 2026...................... 111,142,000
Recommended in the bill............................... 112,551,000
Bill compared with:
Appropriation, fiscal year 2025..................... -168,589,000
Budget request, fiscal year 2026.................... +1,409,000
Mission
U.S. Citizenship and Immigration Services (USCIS)
adjudicates and grants immigration and citizenship benefits,
confirms eligibility for employment and public services, and
promotes an awareness and understanding of citizenship in
support of immigrant integration, while protecting the
integrity of the Nation's immigration system. USCIS activities
are primarily funded through fees collected from applicants for
immigration benefits.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2025....................... $271,140,000
Budget request, fiscal year 2026...................... 111,142,000
Recommended in the bill............................... 112,551,000
Bill compared with:
Appropriation, fiscal year 2025..................... -158,589,000
Budget request, fiscal year 2026.................... +1,409,000
The recommendation includes $112,551,000 for Operations and
Support, which is provided exclusively for the E-Verify program
to allow enrolled employers to confirm the eligibility of their
employees to work in the United States.
Application Processing.--USCIS is directed to prioritize
the timely processing of citizenship and other applications,
with a goal of adjudicating all requests within six months of
submission or referral. USCIS is directed to make available, on
a publicly accessible website, an interactive dashboard
detailing, for all USCIS forms, the number of forms received,
processed, approved, denied, and pending by month, along with
the average processing time and the number of forms pending for
more than six months. USCIS shall update the Committee on the
status of this requirement during the quarterly budget and
productivity briefings required by House Report 117-396 and
House Report 118-123. The dashboard shall be updated monthly
but not later than the tenth business day following the end of
each month and permit the downloading of the underlying data in
a searchable and sortable spreadsheet format.
Backlog Reduction and Reporting.--USCIS is directed to
continue monthly reporting to the Committee on the application
processing case backlog trends and statistics. USCIS is urged
to improve the timeliness of such reporting.
Budget Justification Materials.--USCIS is directed to
ensure user fee budget justifications include descriptions of
planned spending profiles, year-over-year changes, and cost
assumptions. The justifications for these accounts should
provide the same level of detail and analysis as is provided
for the Department's discretionary funding accounts. For
example, the justification shall contain detailed budget
exhibits for each of the fee PPAs and fully describe the
staffing and hiring strategy. In addition, the materials shall
include the plans and budget assumptions for USCIS's
international operations and the funding and planned outcome
measures for business process improvements and modernization
efforts.
A full understanding of USCIS's budget strategy, plans, and
assumptions are critical to Congress' oversight
responsibilities--regardless of the funding source. The
Committee expects these items to be addressed with the annual
budget justification materials or that the necessary program
details, funding and staffing profiles, and other exhibits be
submitted concurrently with the delivery of the annual budget.
Corrected Employment Documents.--The Committee encourages
USCIS to take necessary steps to issue corrected employment
authorization documents.
Cost Recovery.--USCIS is urged to limit fee waivers to
ensure maximum recovery of costs associated with USCIS
services. USCIS is directed to include fee waiver data in the
quarterly budget and staffing briefings. The Committee reminds
USCIS of the directive in the explanatory statement
accompanying Public Law 118-47 to provide a briefing on ways to
improve cost recovery at the agency.
Data on Asylum Operations.--USCIS is directed to continue
to make available, on a publicly accessible website in a
downloadable, searchable, and sortable format, the information
required under this heading in the explanatory statement
accompanying Public Law 117-328.
E-Verify.--The Committee encourages USCIS to continue
efforts to modernize the E Verify program, as well as continue
improvements in outreach efforts and training tools to assist
employers in improving the accuracy of information they submit
into the system.
Electronic Processing.--The Committee continues the
requirement for USCIS to provide a quarterly briefing on its
electronic processing efforts. The Committee supports the
ongoing digitization efforts of USCIS forms and signature
requirements to comply with the 21st Century Integrated Digital
Experience Act (P.L. 115-336) and encourages USCIS to ensure
digitization of all forms.
Eliminating Confusion in Classifying Job Occupations.--The
Committee directs USCIS to continue to update each of its
online and paper forms to ensure that the Standard Occupational
Classification codes are the only occupational codes used.
Quarterly Budget and Productivity Reporting.--The Committee
is concerned by USCIS's lack of urgency in providing timely
quarterly budget and productivity briefings and directs USCIS
to ensure that the quarterly briefings required under this
heading in House Report 117-396 are provided promptly. USCIS
shall continue to provide these briefings in fiscal year 2026.
R-1 Visa Program.--USCIS shall provide a briefing to the
Committee within 180 days of the date of enactment of this Act
on deceptive and exploitative labor practice abuses within the
R-1 Visa program. The briefing shall include plans on ways to
mitigate and prevent such abuse.
Refugee Admissions.--USCIS shall continue to provide the
information required under this heading in the explanatory
statement accompanying Public Law 117-103, including
information from fiscal year 2025.
Spouse Petitions.--With respect to fiance(e) or spouse
petitions involving a minor party, the Committee continues to
direct USCIS to document the age of the minor party at the time
of the civil/legal marriage, along with the age difference
between the parties, with ages given by months and years.
Temporary Protected Status (TPS) for Venezuela.--The
Committee acknowledges that TPS for Venezuela should not be
used in perpetuity and notes that this status should only be
used in cases of ongoing armed conflict, natural disasters,
extreme humanitarian crises, or extraordinary and temporary
conditions that prevent aliens from safely returning to their
country. However, the Committee directs the Secretary to
reconsider the termination of TPS for Venezuelans and conduct a
more thorough analysis of the situation in-country. Not later
than 30 days after the date of enactment of this Act, the
Secretary shall provide a briefing to the Committee on the
evaluation of the conditions that led to the termination of TPS
in Venezuela.
Uniting for Ukraine Program.--The USCIS's Uniting for
Ukraine (U4U) program has provided critical humanitarian parole
pathways for Ukrainian nationals displaced by Russia's full-
scale invasion of Ukraine. The Committee is disappointed that
USCIS has paused this important initiative and urges USCIS to
continue this program, maintain efficient processing timelines,
and ensure robust support infrastructure for sponsors and
beneficiaries.
FEDERAL ASSISTANCE
Appropriation, fiscal year 2025....................... $10,000,000
Budget request, fiscal year 2026...................... - - -
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2025..................... -10,000,000
Budget request, fiscal year 2026.................... - - -
The recommendation does not include any funding for the
Citizenship and Integration Grant Program. However, the
Committee is concerned with USCIS's unilateral decision to
terminate the funds provided in fiscal year 2025, even though
this grant program was statutorily authorized and received
appropriate funding. USCIS shall provide the Committee with its
legal justification for terminating the program and associated
funding within 30 days of the date of enactment of this Act.
Federal Law Enforcement Training Centers
Appropriation, fiscal year 2025....................... $377,200,000
Budget request, fiscal year 2026...................... 397,488,000
Recommended in the bill............................... 403,944,000
Bill compared with:
Appropriation, fiscal year 2025..................... +26,744,000
Budget request, fiscal year 2026.................... +6,456,000
Mission
The Federal Law Enforcement Training Centers (FLETC)
provide or facilitate basic and advanced law enforcement
training for over 90 federal agencies and numerous SLTT and
international law enforcement organizations.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2025....................... $357,100,000
Budget request, fiscal year 2026...................... 379,105,000
Recommended in the bill............................... 385,644,000
Bill compared with:
Appropriation, fiscal year 2025..................... +28,544,000
Budget request, fiscal year 2026.................... +6,539,000
Human Trafficking Awareness Training.--The Committee
recognizes that in January 2021, FLETC entered into a
Memorandum of Understanding with the Blue Campaign, now part of
the Center for Combatting Human Trafficking (CCHT), to make the
Human Trafficking Awareness Training program available for up
to 500 SLTT agents and officers at no cost. The Committee
recommends $2,000,000 for Human Trafficking Awareness Training
and encourages FLETC, in coordination with the CCHT, to
increase its advertising of this critical training to its law
enforcement partners in fiscal year 2026 and to include Human
Trafficking Awareness within Basic Training course
requirements.
Training Delivery Constraints.--The Committee directs FLETC
to submit a report to the Committee no later than 270 days
after the date of the enactment of this Act detailing the
number of training requests FLETC received for fiscal year
2025, the number of training requests accepted, the number of
training requests FLETC was unable to fulfill due to resource
constraints or facility limitations, and the projected number
of requests in fiscal year 2026. The Committee directs FLETC to
identify the resources required to meet unmet and projected
training demands and include that information in the report.
Use of Training Facilities.--The Director of FLETC shall
schedule basic or advanced law enforcement training, or both,
at all four training facilities to ensure they are fully
utilized at the highest capacity throughout the fiscal year.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2025....................... $20,100,000
Budget request, fiscal year 2026...................... 18,383,000
Recommended in the bill............................... 18,300,000
Bill compared with:
Appropriation, fiscal year 2025..................... -1,800,000
Budget request, fiscal year 2026.................... -83,000
The recommendation provides $18,300,000 to address the most
critical of FLETC's major deferred maintenance projects that
would improve delivery of training or the health and welfare of
students. The Committee directs FLETC to deliver a briefing on
deferred and preventative maintenance projects that require
additional resources no later than 120 days after the date of
enactment of this Act.
Science and Technology Directorate
Appropriation, fiscal year 2025....................... $741,634,000
Budget request, fiscal year 2026...................... 758,754,000
Recommended in the bill............................... 758,698,000
Bill compared with:
Appropriation, fiscal year 2025..................... +17,064,000
Budget request, fiscal year 2026.................... -56,000
Mission
The mission of the Science and Technology Directorate (S&T)
is to conduct and support research, development, developmental
and operational testing and evaluation, and the timely
transition of homeland security capabilities to operational end
users at the federal, state, and local levels.
OPERATIONS AND SUPPORT
Appropriation, fiscal year 2025....................... $369,811,000
Budget request, fiscal year 2026...................... 367,530,000
Recommended in the bill............................... 368,624,000
Bill compared with:
Appropriation, fiscal year 2025..................... -1,187,000
Budget request, fiscal year 2026.................... +1,094,000
Redundant Research and Development Efforts.--Prior to
engaging in any new or continuing funding for any existing
research and development activities, the Department and any
relevant component agencies shall first consider whether any
existing efforts are currently or were previously funded
elsewhere in the Federal government, such as by DoD.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2025....................... $61,000,000
Budget request, fiscal year 2026...................... 65,000,000
Recommended in the bill............................... 40,000,000
Bill compared with:
Appropriation, fiscal year 2025..................... -21,000,000
Budget request, fiscal year 2026.................... -25,000,000
The recommendation provides $20,000,000 for critical
improvements to S&T's laboratory facilities and $20,000,000 for
the Plum Island Closure and Support (PICS) Program.
National Biodefense Analysis and Countermeasures Center
(NBACC) Facility Expansion.--In 2023, S&T completed a scoping
study for NBACC facility expansion. According to the study, the
requirement for facility expansion would accommodate additional
BSL-2 laboratories; the required mechanical support and storage
space for the generation of data; a data center with state-of-
the-art computational and network infrastructure that could
support analysis, storage, and transfer of large data sets; and
additional Sensitive Compartmented Information Facility space
required for the sensitive nature of the work performed.
Additionally, the study identified a need to expand the
facility for office or administrative space adjacent to the
current NBACC laboratory facility. To ensure that the Committee
has the full long-term plan for expansion of the laboratory,
S&T shall provide a five-year master facility expansion plan,
including year-by-year resource requirements, not later than 90
days after the date of enactment of this Act.
Plum Island Closure and Support (PICS) Program.--The
Committee provides $20,000,000 to continue the transition,
closure, and conveyance of all Plum Island real property and
all related personal property to facilitate the transfer of the
Plum Island Animal Disease Center (PIADC) mission to the
National Bio and Agro-Defense Facility (NBAF). The Committee
notes that the transition of PIADC science mission activities
to NBAF is no longer on schedule. S&T is directed to continue
providing semiannual briefings on the progress of these
activities.
RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2025....................... $310,823,000
Budget request, fiscal year 2026...................... 326,224,000
Recommended in the bill............................... 350,074,000
Bill compared with:
Appropriation, fiscal year 2025..................... +39,251,0000
Budget request, fiscal year 2026.................... -23,850,000
Research, Development, and Innovation
With the dissolution of Countering Weapons of Mass
Destruction (CWMD), S&T will serve as the lead component in
developing the next generation of biological detection. CWMD's
biological detection program, BioWatch, was plagued by
prolonged event-to-detection timelines, a limited suite of
detectable pathogens, and high operating costs. As S&T works to
develop potential replacements for the BioWatch system, S&T is
encouraged to consult with SLTT stakeholders to determine their
biodetection needs and with industry and academia to examine
existing capabilities. S&T should focus on easily deployable,
scalable solutions that are nearly technologically mature. At
this time, S&T should avoid focusing developing a single
solution that can detect all possible hazards, but rather focus
on what is practicable. The recommendation provides $40,000,000
for this activity.
Advanced Sensors Technologies.--Within the funds provided,
the Committee encourages work on critical research areas such
as developing and fielding next generation first responder
technology that utilizes advanced sensors and imager
technologies.
Augmented Reality for First Responders.--Within the funds
provided, S&T is encouraged to continue its work advancing
next-generation computer vision and augmented reality (AR)
technology to enhance firefighter safety, situational
awareness, and operational performance through the use of
helmet-mounted AR systems to improve navigation and visibility
in high-risk, low-visibility environments.
Binational Industrial Research and Development Homeland
Security (BIRD HLS) Program.--The Committee continues its
strong support of the BIRD HLS program, which allows S&T to
work with Israeli partners to develop innovative technology
solutions for homeland security needs, and encourages funding
at the fiscal year 2024 enacted level.
Combating Transnational Criminal Organizations with
Advanced Data Analytics.--The Committee is concerned with the
growing influence of and violence perpetrated by TCOs in the
United States. Within the funds provided and in consultation
with HSI, the Committee encourages S&T to establish a pilot
program to address human trafficking and other illicit activity
by developing comprehensive intelligence on TCOs operating
domestically by using analytical capabilities. The pilot should
focus on three key domains: advanced data collection,
sophisticated network analysis, and collaborative intelligence
gathering with the goal of creating actionable insights to
support prevention and intervention efforts. In determining the
location for a pilot, S&T is encouraged to consider areas where
SLTT collaboration on such activities has already begun. S&T
shall submit a report to the Committee not later than one year
after the date of enactment of this Act that details any
results of the pilot.
Critical Infrastructure and Cyber Attacks.--Within the
funds provided, S&T is encouraged to support research 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, IT, critical
manufacturing, water and wastewater, communications, and
transportation.
Cross-Border Threat Screening and Supply Chain Defense.--
Within the funds provided, the Committee continues to encourage
S&T to expand research and analysis on cross-border threat
screening and supply chain defense, including predictive data
analytics, to eliminate disruptions to the food and agriculture
supply chain and for early detection of public health threats
and biothreats.
Counter Improvised Explosive Device (IED) System.--Within
the funds provided, S&T is encouraged to evaluate and deploy
portable counter IED systems.
Counter Unmanned Aircraft System.--The Committee supports
the cUAS Program, which assesses available cUAS solutions and
guides the development of new capabilities to support
acquisition, rapid deployment, and utilization decisions based
on the needs and requirements of DHS components such as CBP,
USSS, Coast Guard, and FPS.
Cybersecurity for Tourism.--Within the funds provided, the
Committee urges S&T, in coordination with FLETC, to establish a
Cybersecurity for Tourism Consortium to help align government
interests in public safety and security with the Nation's
tourism industry.
Data Visualization and Emerging Analytics.--Within existing
funds, the Committee supports the further development of the
Data Visualization and Emerging Analytics tool to meet the
increasing demands in areas with limited border security
resources.
Digital Twin.--Within the funds provided, S&T is encouraged
to pursue research and development related to the use of
digital twins. Advanced modeling and simulation can improve and
enhance mission effectiveness by developing new paradigms,
tools, and simulation-enabled capabilities for DHS operations,
including geospatial simulations of the southern border.
Directed Energy Capabilities.--The Committee is aware of
advances in directed energy technology, including high-power
microwave systems, which can support various missions across
the Department, including efforts to counter UAS and unmanned
vessels. The Committee encourages S&T, within the funds
provided, to study the use and application of such technology.
Durable Lithium-Ion Batteries.--Within the funds provided,
the Committee encourages S&T to research innovative
technologies for improving the safety, reliability, and
operational durability of lithium-ion batteries utilized by DHS
law enforcement personnel, including the development of
electrolyte additives with shear thickening and ballistic
protection capabilities.
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
continue funding this work, prioritize the use of the common
test site to conduct on-site testing and evaluation for the
Department, and facilitate a close collaboration with the
Federal Aviation Administration UAS Center of Excellence.
Fentanyl Detection.--Within the funds provided, the
Committee encourages S&T, in conjunction with other federal
partners, to improve opioid and fentanyl detection. Such
efforts may include research on additional technological
solutions to: target and detect low-purity fentanyl, especially
in counterfeit pressed tablets; enhance targeting of
counterfeit pills through nonintrusive, noninvasive, and other
visual screening technologies; and improve data-driven
targeting to increase seizure rates of fentanyl and its
precursors and may include AI-assisted olfactory sensors.
Interconnected Passenger Screening.--The Committee
recognizes that interconnected technology can modernize TSA
checkpoint screening. Within funds provided, the Committee
supports the development of technology that can provide real-
time data analysis and support faster, more secure screening.
Networked Acoustic Sensors.--Networked acoustic sensors can
create a passive surveillance perimeter that can detect and
track sUAS. Within the funds provided, the Committee encourages
S&T to enable the development and deployment of this
technology.
Partnership Intermediary Agreements.--Within the funds
provided, the Committee encourages S&T to establish Partnership
Intermediary Agreements to enable components across the
Department to engage immediately on technology transfer and
transition activities. Partnership Intermediary Agreements, as
defined under section 3715 of title 15, United States Code,
support the Department's ability to seek out, assess, and
engage non-traditional small business vendors for the
Department's development and acquisition efforts.
Port and Maritime Resiliency and Security.--The Committee
continues to recognize the vast threat facing the U.S.
maritime/port sector. Within the funds provided, the Committee
encourages support for the ongoing Port and Maritime Resiliency
and Security Testbed.
Quantum Computing Use-Case Identification Initiative.--The
Committee supports a coordinated and focused research program
in identifying near-term public sector use cases for quantum
computing applications. The Committee encourages S&T, in
coordination with the Quantum Economic Development Consortium,
Federally Funded Research and Development Centers, and the
quantum industry, to identify public sector use cases which
could benefit DHS and its components. S&T shall examine all
quantum computing technologies including annealing, gate-model,
and quantum-hybrid.
Technology Scouting.--The Committee encourages S&T to
continue its technology scouting program to allow it to
leverage existing and emerging technologies and avoid the
duplication of research efforts.
U.S.-Israel Cybersecurity Cooperation Enhancement
Program.--The Committee encourages funding at the fiscal year
2024 enacted level for the U.S.-Israel Cybersecurity
Cooperation grant program, as authorized by section 1551 of the
National Defense Authorization Act for Fiscal Year 2022 (P.L.
117-81), to support cybersecurity research and development,
demonstration, and commercialization of cybersecurity
technology.
Voting Technologies and Election Data Security
Procedures.--The Committee supports research to ensure that
voting software and hardware is studied and vetted before being
used during federal, state, and local elections. Consistent
with prior year direction and within the resources provided,
S&T is encouraged to fund quality assurance and continuous
evaluation research on voting technologies and election
procedures in cooperation with a qualified organization with
experience performing technical audits of statewide elections
systems. In consultation and coordination with other Federal
partners, this investment should include the development of new
tools and training modules to enable states and localities to
ensure that their election systems are secure.
University Programs
The recommendation provides $45,880,000 for University
Programs. S&T's University Programs allow for cooperation with
colleges and universities to address pressing homeland security
needs. University Programs promote homeland security research
and education, train current and future students and
professionals, and build a homeland security workforce.
Centers of Excellence (COE) Program.--The COE program is
the flagship research account for universities at DHS. The
program brings together hundreds of academic institutions and
private sector entities to generate basic and applied research
that rapidly delivers innovative technologies for the homeland
security community to meet imminent and future threats. The COE
network catalyzes the development of new marketplaces for
technologies geared toward keeping our Nation safe and secure.
This level of coordination for the development of user-facing
security technologies is not funded by any other federal
agency.
The Committee is frustrated by the Department's lack of
communication on its review of COEs and does not support the
Department's termination of COEs as announced in April 2025.
The Committee provides $45,880,000 to allow the Department to
restore funding to the COEs which were funded in fiscal year
2024 and directs the Department to brief the Committee on its
plan to fund COEs in fiscal year 2026 no later than 30 days
after the date of enactment of this Act.
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 new provision
prohibiting funds for employment authorization documents for
certain aliens.
Section 404. The Committee includes a new provision related
to USCIS official reception and representation expenses.
Section 405. The Committee includes a new provision
prohibiting the consideration of H-1B petitions from any entity
identified under section 1260H of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021.
Section 406. The Committee continues a provision
authorizing FLETC to distribute funds for incurred training
expenses.
Section 407. 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 408. The Committee continues a provision allowing
for the acceptance of funding transfers from other government
agencies for construction of special use facilities.
Section 409. The Committee continues a provision
classifying FLETC instructor staff as inherently governmental
for certain purposes.
Section 410. The Committee includes a new provision
regarding an asylum program fee.
Section 411. The Committee includes a new provision
regarding credible fear standards for asylum claims.
Section 412. The Committee includes a new provision related
to eligibility for certain asylum claims.
Section 413. The Committee includes a new provision related
to the H-2B program.
Section 414. The Committee includes a new provision
regarding H-2A visas.
Section 415. The Committee includes a new provision
prohibiting funds for implementation of a Final Rule related to
the H-2 program.
Section 416. The Committee includes a new provision
regarding certain visas.
TITLE V--GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
Section 501. The Committee continues a provision limiting
the availability of appropriations to one year unless otherwise
expressly provided.
Section 502. The Committee continues a provision providing
that unexpended balances of prior year appropriations may be
merged with new appropriation accounts and used for the same
purpose, subject to reprogramming guidelines.
Section 503. The Committee continues and modifies a
provision related to reprogramming limitations and transfer
authority.
The Department must notify the Committees on Appropriations
at least 30 days in advance of each reprogramming of funds that
would: (1) reduce programs, projects, and activities, or
personnel, by ten percent or more; or (2) increase a program,
project, or activity by more than $5,000,000 or ten percent,
whichever is less.
The term PPA is defined as each functional category listed
under an account heading in the funding table at the back of
this report, along with each funding amount designated for a
particular purpose within the statement narrative, exclusive of
simple references to increases or reductions below the budget
request. Funding for each PPA should not be used for the
purposes of any other PPA. Within 30 days of the date of
enactment of this Act, the Department shall submit to the
Committees a table delineating PPAs subject to section 503
notification requirements.
For purposes of reprogramming notifications, the creation
of a new PPA is defined as any significant new activity that
has not been explicitly justified to the Congress in budget
justification material and for which funds have not been
appropriated by the Congress.
Limited transfer authority is provided to give the
Department flexibility in responding to emerging requirements
and significant changes in circumstances, but is not intended
to facilitate the implementation of new programs, projects, or
activities that were not proposed in a formal budget
submission. Transfers may not reduce accounts by more than two
and a half percent or augment appropriations by more than five
percent. The Department must notify the Committees on
Appropriations not fewer than 30 days in advance of any
transfer. To avoid violations of the Anti-Deficiency Act, the
Secretary shall ensure that any transfer of funds is carried
out in compliance with the limitations and requirements of
section 503(c). In particular, the Secretary should ensure that
any such transfers adhere to the opinion of the Comptroller
General's decision in the Matter of John D. Webster, Director,
Financial Services, Library of Congress, dated November 7,
1997, with regard to the definition of an appropriation subject
to transfer limitations.
Notifications should provide complete explanations of
proposed funding reallocations, including detailed
justifications for increases and offsets; any specific impact
the proposed changes are expected to have on future-year
appropriations requirements; a table showing the proposed
revisions to funding and full-time equivalents (FTE) at the
account and PPA levels for the current fiscal year; and any
expected funding and FTE impacts during the budget year.
The Department shall manage its PPAs within the levels
appropriated and should only submit reprogramming or transfer
notifications in cases of unforeseeable and compelling
circumstances that could not have been predicted when
formulating the budget request for the current fiscal year.
When the Department becomes aware of an emerging requirement
after the President's budget has been submitted to Congress but
prior to the enactment of a full-year funding Act for the
budget year, it is incumbent on the Office of the Chief
Financial Officer to timely notify the Committees. When the
Department submits a reprogramming or transfer notification and
does not receive identical responses from the House and Senate
Committees, it is expected to work with the Committees to
reconcile the differences before proceeding.
Section 504. The Committee continues a provision, by
reference, prohibiting funds appropriated or otherwise made
available to the Department to make payment to the Working
Capital Fund (WCF), except for activities and amounts allowed
in the President's fiscal year 2025 budget request.
Section 505. The Committee continues and modifies a
provision providing that not to exceed 50 percent of
unobligated balances remaining available at the end of the
prior fiscal year for each Operations and Support appropriation
shall have an additional fiscal year of availability, subject
to a section 503 reprogramming notification.
Section 506. The Committee continues and modifies a
provision that deems intelligence activities to be specifically
authorized during the current fiscal year until the enactment
of an Act authorizing intelligence activities for the current
fiscal year.
Section 507. The Committee continues a provision requiring
notification to the Committees at least three days before DHS
executes or announces grant allocations or grant awards in
excess of $1,000,000; contract awards (including contracts
covered by the Federal Acquisition Regulation), other
transaction agreements, letters of intent, or a task or
delivery order on multiple award contracts totaling more than
$4,000,000; a task or delivery order greater than $10,000,000
from multi-year funds; or sole-source grant awards.
Notifications shall include a description of projects or
activities to be funded and their location, including city,
county, and state.
Section 508. The Committee continues a provision
prohibiting all agencies from purchasing, constructing, or
leasing additional facilities for Federal law enforcement
training without advance notification to the Committees.
Section 509. The Committee continues a provision
prohibiting the use of funds for any construction, repair,
alteration, or acquisition project for which a prospectus, if
required under chapter 33 of title 40, United States Code, has
not been approved.
Section 510. The Committee continues a provision that
includes and consolidates by reference prior-year statutory
provisions related to sensitive security information and the
use of funds in conformance with section 303 of the Energy
Policy Act of 1992.
Section 511. The Committee continues a provision
prohibiting the use of funds in contravention of the Buy
American Act.
Section 512. The Committee continues a provision regarding
the oath of allegiance required by section 337 of the
Immigration and Nationality Act.
Section 513. The Committee continues and modifies a
provision regarding reorganization authority.
Section 514. The Committee continues a provision
prohibiting funds for planning, testing, piloting, or
developing a national identification card.
Section 515. The Committee continues a provision directing
that any official required by this Act to report or certify to
the Committees on Appropriations may not delegate such
authority unless expressly authorized to do so in this Act.
Section 516. The Committee continues a provision
prohibiting funds in this Act to be used for first-class
travel.
Section 517. The Committee continues a provision
prohibiting the use of funds to employ illegal workers as
described in section 274(h)(3) of the Immigration and
Nationality Act.
Section 518. The Committee continues a provision
prohibiting funds appropriated or otherwise made available by
this Act to pay for award or incentive fees for contractors
with below satisfactory performance or performance that fails
to meet the basic requirements of the contract.
Section 519. The Committee continues and modifies a
provision requiring DHS computer systems to block electronic
access to pornography, except for law enforcement purposes.
Section 520. The Committee continues a provision regarding
the transfer of firearms by Federal law enforcement personnel.
Section 521. The Committee continues a provision regarding
funding restrictions and reporting requirements related to
conferences occurring outside of the United States.
Section 522. The Committee continues a provision
prohibiting funds to reimburse any Federal Department or agency
for its participation in a National Special Security Event.
Section 523. The Committee continues a provision requiring
a notification, including justification materials, prior to
implementing any structural pay reform or instituting a new
position classification that affects more than 100 full-time
positions or costs more than $5,000,000.
Section 524. The Committee continues a provision directing
the Department to post on a public website reports required by
the Committees on Appropriations unless public posting
compromises homeland or national security or the report
contains proprietary information.
Section 525. The Committee continues and modifies a
provision authorizing minor procurement, construction, and
improvements under ``Operations and Support'' appropriations,
as specified.
Section 526. The Committee continues by reference a
provision to authorize DHS to fund out of existing
discretionary appropriations the expenses of primary and
secondary schooling of eligible dependents in areas of U.S.
territories that meet certain criteria.
Section 527. The Committee continues and modifies a
provision regarding access to detention facilities by members
of Congress or their designated staff.
Section 528. The Committee continues a provision
prohibiting the use of funds to use restraints on pregnant
detainees in DHS custody, except in certain circumstances.
Section 529. The Committee continues and modifies a
provision prohibiting the use of funds for the destruction of
records related to detainees in custody.
Section 530. The Committee continues a provision
prohibiting funds for a Principal Federal Official during a
declared disaster or emergency under the Stafford Act, with
certain exceptions.
Section 531. The Committee continues a provision requiring
the Under Secretary for Management to submit a component-level
report on unfunded priorities classified as budget function
050.
Section 532. The Committee continues a provision requiring
notifications when the President designates a former or retired
Federal official or employee for protection and reporting
regarding the costs of such protection.
Section 533. The Committee continues a provision requiring
notifications and reporting on DHS submissions of proposals to
the Technology Modernization Fund.
Section 534. The Committee continues a provision requiring
the identification of discretionary offsets when fee increase
proposals to support current activities assume the enactment of
such proposals prior to the beginning of the budget year.
Section 535. The Committee continues a provision related to
the Arms Trade Treaty.
Section 536. The Committee continues a provision
prohibiting the use of funds related to certain entities
identified under section 1260H of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021.
Section 537. The Committee continues a provision
prohibiting the use of funds for the transfer or release of
certain individuals detained at United States Naval Station,
Guantanamo Bay, Cuba into or within the United States.
Section 538. The Committee continues and modifies a
provision directing the Secretary of Homeland Security to
develop, use, and share estimates of arrivals of aliens at the
southern border.
Section 539. The Committee continues a provision related to
assistance from the Department of Defense for border security
operations.
Section 540. The Committee continues a provision related to
the employee emergency back-up care program.
Section 541. The Committee continues a provision providing
transfer authority for activities within the Blue Campaign.
Section 542. The Committee includes a new provision
prohibiting the use of funds for a Disinformation Governance
Board in the Department.
Section 543. The Committee includes a new provision
prohibiting the use of funds to classify the speech of a U.S.
person as either mis-, dis-, or mal-information or to work with
organizations to do the same.
Section 544. The Committee includes a new provision
prohibiting the use of funds to discriminate against a person
based on sincerely held religious beliefs regarding marriage.
Section 545. The Committee includes a new provision
prohibiting the obligation or award of funds to certain
jurisdictions.
Section 546. The Committee includes a new provision
prohibiting the use of funds for diversity, equity, and
inclusion or critical race theory.
Section 547. The Committee includes a new provision
prohibiting the use of funds for the purchase of computers,
printers, or videoconferencing equipment from companies based
in the People's Republic of China.
Section 548. The Committee includes a new provision related
to Presidential Residence Protection grants.
Section 549. The Committee includes a new provision
prohibiting funds being obligated in contravention of certain
Amendments to the Constitution.
Section 550. The Committee includes a new provision
regarding the recording of federal law enforcement.
Section 551. The Committee includes a new provision
regarding a Spending Reduction Account.
APPROPRIATIONS CAN BE USED ONLY FOR
THE PURPOSES FOR WHICH MADE
Title 31 of the United States Code makes clear that
appropriations can be used only for the purposes for which they
were appropriated as follows:
Section 1301. Application.
(a) Appropriations shall be applied only to the objects for
which the appropriations were made except as otherwise provided
by law.
House of Representatives Report Requirements
The following items are included in accordance with various
requirements of the Rules of the House of Representatives.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
RESCISSIONS OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives no rescissions are recommended in the
accompanying bill.
TRANSFERS OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following list includes the
transfers included in the accompanying bill:
In title II, under ``U.S. Customs and Border Protection--
Operations and Support'', language is included allowing for the
transfer of $2,500,000 to the Bureau of Indian Affairs.
In title II, under ``Administrative Provisions'', section
218 allows for the transfer of funds appropriated within this
Act to ``U.S. Immigration and Customs Enforcement--Operations
and Support'' as necessary to ensure the detention of aliens
prioritized for removal.
In title III, under ``Administrative Provisions'', section
310 allows for the transfer of unobligated balances of funds in
any prior Act from ``Federal Emergency Management Agency--
Federal Assistance'' to ``Federal Emergency Management Agency--
Disaster Relief Fund''.
In title III, under ``Administrative Provisions'', section
311 allows for the transfer of funds appropriated under prior
Acts from ``Federal Emergency Management Agency--Flood Hazard
Mapping and Risk Analysis Program'' to ``Federal Emergency
Management Agency--Federal Assistance'' for necessary expenses
for flood hazard mapping and risk analysis.
In title V, under ``General Provisions'', section 503
allows for the transfer of up to 2.5 percent of each
appropriation in this Act to one or more other appropriations
in this Act and permitting the augmentation of each
appropriation to not more than 5 percent of the original amount
appropriated.
In title V, under ``General Provisions'', section 506
requires the transfer of funds appropriated in this Act from
``Intelligence, Analysis, and Situational Awareness--Operations
and Support'' to ``Management Directorate--Operations and
Support'' if such funds exceed certain amounts authorized.
In title V, under ``General Provisions'', section 513
allows the transfer of funds appropriated in this Act from
``Countering Weapons of Mass Destruction Office'' to one or
more other appropriations in this Act to carry out a
reallocation of the functions of the office.
In title V, under ``General Provisions'', section 541
requires the transfer of not less than $5,000,000 from other
appropriations funded within this Act to ``U.S. Immigration and
Customs Enforcement--Operations and Support'' to support and
conduct necessary operations of the Blue Campaign.
DISCLOSURE OF EARMARKS AND
CONGRESSIONAL DIRECTED SPENDING ITEMS
The following table is submitted in compliance with clause
9 of rule XXI and lists the congressional earmarks (as defined
in paragraph (e) of clause 9) contained in the bill or in this
report. Neither the bill nor the report contain any limited tax
benefits or limited tariff benefits as defined in paragraphs
(f) or (g) of clause 9 of rule XXI.
HOMELAND SECURITY
[Community Project Funding]
--------------------------------------------------------------------------------------------------------------------------------------------------------
House House
Agency Account Recipient Project State Amount Requestor(s)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Rancho Cucamonga Emergency Operations Center (EOC) CA 1,034,487 Aguilar
EOC Relocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of San Bernardino Hazard Mitigation Infrastructure CA 1,145,144 Aguilar
PDM Resiliency Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Providence West River Flood Response Initiative RI 825,000 Amo
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Taunton Taunton Emergency Operations Center MA 1,034,487 Auchincloss
EOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Beaumont City of Beaumont Underpass Flooding Early TX 827,000 Babin
PDM Warning System Improvements
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City and Borough of Juneau Glacial Lake Outburst Flood Disaster AK 3,253,000 Begich
PDM Mitigation--Flood Resilience on the
Mendenhall River
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- County of Sacramento Sacramento County Emergency Operations CA 990,000 Bera
EOC Center Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- County of Washington Washington County Emergency Operations IL 2,009,000 Bost
EOC Emergency Management Agency Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- County of Monroe Monroe County Goose Pond Dam PA 2,432,000 Bresnahan
PDM Rehabilitation Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Camarillo City of Camarillo Hybrid Microgrid Standby CA 1,145,144 Brownley
PDM Power Resiliency Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Thousand Oaks City of Thousand Oaks Community Resilience CA 1,145,144 Brownley
PDM Center Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Westlake Village City of Westlake Village Emergency CA 336,000 Brownley
EOC Operations Center Resilience Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- The Town of Longboat Key Longboat Key Storm Resiliency Project FL 1,954,000 Buchanan
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Central Oregon CORE3 ECC/Admin Building OR 1,034,487 Bynum
EOC Intergovernmental Council
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Indianapolis City of Indianapolis Howland Ditch IN 1,145,144 Carson
PDM Greenway Flood Control Improvement
Project Design
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Hawaii Emergency Management Emergency Operations Center IT HI 1,034,487 Case
EOC Agency Modernization
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of St. Petersburg 88th Avenue North Storm Drainage FL 1,145,144 Castor (FL)
PDM Improvements
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of St. Petersburg MLK Street South Flooding Alleviation FL 1,145,144 Castor (FL)
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Shelby County Shelby County Emergency Operations Center TN 1,034,487 Cohen
EOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Frankfort Frankfort Riverbank Stabilization KY 5,800,000 Comer
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- County of Orange County of Orange Emergency Operations CA 1,034,487 Correa
EOC Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Town of Woodbridge Town of Woodbridge Emergency Operations CT 1,034,487 DeLauro
EOC Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Town of Hamden Town of Hamden Emergency Operations Center CT 1,034,487 DeLauro
EOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of West Haven West Haven EOC CT 1,034,487 DeLauro
EOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Concord Emergency Operations Center Upgrades CA 1,034,487 DeSaulnier
EOC Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Diablo Water District Seismic Resiliency Reservoir and CA 1,145,144 DeSaulnier
PDM Transmission Line Improvement Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Lawrence County Office of Lawrence County EOC TN 2,606,000 DesJarlais
EOC Emergency Management
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Austin Emergency Disaster Energy Hubs TX 1,145,144 Doggett
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Taylor County Board of County Taylor County Emergency Operations and FL 2,606,000 Dunn (FL)
EOC Commissioners Public Safety Complex
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Maryland Department of Holly Beach Farm Resiliency MD 1,145,144 Elfreth
PDM Natural Resources
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- El Paso County Hospital Alberta Avenue Storm and Domestic Water TX 1,145,144 Escobar
PDM District Improvements
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Greeley City of Greeley--Gold Hill Pipeline CO 8,685,000 Evans
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Southern University and A&M Emergency Operations Centers Complex LA 1,034,487 Fields
EOC College
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Lafayette Consolidated Lafayette Consolidated Government LA 1,034,487 Fields
EOC Government Emergency Operations Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Lower Makefield Township Lower Makefield Township Flood Mitigation PA 5,211,000 Fitzpatrick
PDM and Stormwater Management
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Cleveland Bradley County Emergency Operations Center TN 1,328,000 Fleischmann
EOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Bellaire Cypress Ditch Improvement Project TX 1,145,144 Fletcher
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Boone County Illinois Boone County Emergency Operations Center IL 800,000 Foster
EOC Emergency Management Agency
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Boynton Beach Boynton Beach Harbor Marina Seawall FL 1,145,144 Frankel
PDM Community Redevelopment Replacement
Agency
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Greenacres City of Greenacres Emergency Operations FL 1,034,487 Frankel
EOC Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Lake Worth Beach Lake Worth Beach Emergency Operations FL 1,034,487 Frankel
EOC Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Village of Wellington Village of Wellington Emergency Operations FL 1,034,487 Frankel
EOC Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of North Myrtle Beach City of North Myrtle Beach Emergency SC 2,606,000 Fry
EOC Operations Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of El Cerrito Hillside Natural Area Hazardous Fuels CA 1,145,144 Garamendi
PDM Management
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Suffolk County Fire, Rescue Suffolk County Emergency Operations Center NY 1,954,000 Garbarino
EOC and Emergency Services Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Incoporated Village of Freeport Nuisance Flooding Mitigation NY 1,145,144 Gillen
PDM Freeport
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Frio County Frio County EOC TX 1,954,000 Gonzales
EOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Harris County Flood Control Tributary C116-00-00 Conveyance and TX 1,145,144 Green (TX)
PDM District Drainage Improvements
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Covington County Emergency Covington County Emergency Operations MS 1,303,000 Guest
EOC Management Agency Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Meriden City of Meriden for Combined Emergency CT 1,003,003 Hayes
EOC Operations Center/Emergency
Communications Center Public Safety
Communications Upgrades
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Terrebonne Parish Terrebonne Parish Emergency Operations LA 1,129,000 Higgins
EOC Consolidated Government Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Town of Fairfield Joint Emergency Operations Center CT 562,500 Himes
EOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Cedar Rapids 3rd Avenue SE Downtown Pump Station Backup IA 1,407,000 Hinson
PDM Generator
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Mesa County Public Works Mesa County Douglas Wash Detention Basin CO 869,000 Hurd
PDM Division Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Peachtree City City of Peachtree City Emergency GA 1,172,000 Jack
EOC Operations Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Seattle Seattle Waterfront Elliott Bay Seawall WA 1,145,144 Jayapal
PDM Project, Phase 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Toledo N. Summit St. Restoration OH 1,145,144 Kaptur
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Borough of Mountainside Mountainside Emergency Operations Center NJ 365,000 Kean
EOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Town of Scituate Scituate Cedar Point Seawall MA 1,145,144 Keating
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- County of Pontotoc, Pontotoc County Emergency Management MS 2,031,000 Kelly
EOC Mississippi Operations Center Construction Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Erie City of Erie Emergency Operations Command PA 2,606,000 Kelly (PA)
EOC Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Holladay, Utah Holladay City Hall Seismic Retrofit UT 1,759,000 Kennedy
PDM Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Chino Hills Chino Hills Fire Risk Reduction Project CA 1,628,000 Kim (CA)
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Gibson County Tennessee Gibson County Emergency Generator TN 117,000 Kustoff
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- County of Butte Emergency Operations Center Technology CA 130,000 LaMalfa
EOC Refresh
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Village of Pelham Highbrook Avenue Drainage Improvement NY 1,145,144 Latimer
PDM Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of New Rochelle New Rochelle City Park Drainage NY 1,145,144 Latimer
PDM Improvements
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Yonkers Yonkers Warburton Avenue Slope NY 1,145,144 Latimer
PDM Stabilization Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Clark County Technology for South Site Emergency NV 1,034,487 Lee (NV)
EOC Operations Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Livingston Parish Livingston Parish Emergency Operations LA 2,606,000 Letlow
EOC Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Mountain View Charleston Slough Tide Gates Improvement CA 1,145,144 Liccardo
PDM Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Rancho Palos Verdes Abalone Cove Landslide Stabilization CA 1,145,144 Lieu
PDM Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Rancho Palos Verdes Klondike Canyon Landslide Emergency CA 1,145,144 Lieu
PDM Mitigation Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of El Segundo Pump Station Upgrade Project CA 1,145,144 Lieu
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Pinellas County Board of Lealman Community Hurricane Shelter FL 2,606,000 Luna
PDM County Commissioners Hardening
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Town of Hull Hull Harborview Road Coastal Resiliency MA 1,145,144 Lynch
PDM and Shoreline Protection
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Sacramento Sacramento Fire Department EMS Division CA 1,034,487 Matsui
EOC Integration EOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Frederick, Maryland West Patrick Street at Maryvale Ditch MD 1,145,144 McClain Delaney
PDM Flood Mitigation Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Concord Emergency Operations Center Technology and NC 326,000 McDowell
EOC Equipment
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Town of Westhampton Westhampton Public Safety Complex MA 885,757 McGovern
EOC Emergency Operations Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Davenport City of Davenport Water Pollution Control IA 2,996,000 Miller-Meeks
PDM Plant Flood Mitigation Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Irvine City of Irvine/COAST Wildfire Prevention CA 1,125,000 Min
PDM SR-133 Restoration Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Cleveland County Cleveland County Emergency Operations NC 1,954,000 Moore
EOC Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Coffee County, Alabama Coffee County Emergency Operation Center AL 977,000 Moore
EOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Gladewater Gladewater High Hazard Dam TX 1,563,000 Moran
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Town of Lynnfield Lynnfield Emergency Operations Center MA 1,034,487 Moulton
EOC Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Brisbane Brisbane Glen Park Pump Station CA 1,145,144 Mullin
PDM Replacement
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of East Palo Alto San Francisquito Creek Floodway Study CA 600,000 Mullin
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Yakima Valley Emergency Yakima Valley Emergency Operation Center WA 1,953,000 Newhouse
EOC Management
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Callaway County Callaway County Emergency Operations MO 2,606,000 Onder
EOC Center Relocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Borough of Metuchen Metuchen Borough Emergency Services Center NJ 1,034,487 Pallone
EOC Building Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- San Miguel Community Services San Miguel Community Services District CA 1,034,487 Panetta
EOC District Emergency Operations Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Cowlitz County Public Utility Northwest Service Area Grid Resiliency WA 1,145,144 Perez
PDM District No. 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Jefferson County Parks & Roadway Wildfire Hazard Mitigation in CO 1,000,000 Pettersen
PDM Conservation Jefferson County
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Mason County PUD 1 Jorstad Substation Grid Resilience Project WA 1,145,144 Randall
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Ocean Shores Southern End Erosion Project WA 1,145,144 Randall
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Montgomery County Department Wheaton Branch Flood Mitigation MD 1,145,144 Raskin
PDM of Environmental Protection
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Kentucky Emergency Management Kentucky Emergency Management Flood KY 869,000 Rogers
PDM Monitoring System
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Mt. Juliet City of Mt. Juliet Emergency Operations TN 1,000,000 Rose
EOC Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Fayetteville Locks Creek and Sessoms Drainage NC 4,212,000 Rouzer
PDM Improvements
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- County of Orange Orange County Emergency Operations Center NY 1,034,487 Ryan
EOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- County of Ulster Ulster County Emergency Operations Center NY 1,034,487 Ryan
EOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Portsmouth Gust Lane Flood Mitigation Improvements VA 1,145,144 Scott (VA)
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Seattle Seattle Public Library Columbia Branch WA 1,145,144 Smith (WA)
PDM Seismic Structural Upgrade
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Huntsville Huntsville Hospital for Women and Children AL 2,597,000 Strong
PDM Generator Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Rio Vista Fire Department Rio Vista--Emergency Operations Center CA 1,034,487 Thompson (CA)
EOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Clark County Water Flamingo Water Resources Center Emergency NV 1,145,144 Titus
PDM Reclamation District Power Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Artesia Artesia Emergency Operations Center CA 925,000 Tran
EOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Los Alamitos Los Alamitos Emergency Operations Center CA 382,880 Tran
EOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- Miami Conservancy District Germantown, Englewood, Taylorsville OH 8,685,000 Turner
PDM Upstream Dam Walls Rehabilitation
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- The Borough of Wildwood Crest Wildwood Crest Flood Mitigation NJ 3,572,000 Van Drew
PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Federal Assistance-- City of Pembroke Pines Pines Point Hurricane Mitigation FL 428,619 Wasserman
PDM Schultz
--------------------------------------------------------------------------------------------------------------------------------------------------------
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2005
(Public Law 108-334)
* * * * * * *
TITLE V
GENERAL PROVISIONS
* * * * * * *
Sec. 515. (a) In General.--Chapter 449 of title 49, United
States Code, is amended by inserting after section 44944 the
following new section:
``SEC. 44945. DISPOSITION OF UNCLAIMED MONEY
``Notwithstanding section 3302 of title 31, unclaimed money
recovered at any airport security checkpoint shall be retained
by the Transportation Security Administration and shall remain
available until expended for the purpose of providing civil
aviation security as required in this chapter.''.
(b) Annual [Report] Briefing.--Not later than 180 days after
the date of enactment of this Act and annually thereafter, the
Administrator of the Transportation Security Administration
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives; the Committee
on Appropriations of the House of Representatives; the
Committee on Commerce, Science and Transportation of the
Senate; and the Committee on Appropriations of the Senate, a
[report] briefing that contains a detailed description of the
amount of unclaimed money recovered in total and at each
individual airport, and specifically how the unclaimed money is
being used to provide civil aviation security.
(c) Clerical Amendment.--The analysis for chapter 449 of
title 49, United States Code, is amended by adding the
following new item after the item relating to section 44944:
``44945. Disposition of unclaimed money.''.
* * * * * * *
----------
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
* * * * * * *
TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE
* * * * * * *
SEC. 203. PREDISASTER HAZARD MITIGATION.
(a) Definition of Small Impoverished Community.--In this
section, the term ``small impoverished community'' means a
community of 3,000 or fewer individuals that is economically
disadvantaged, as determined by the State in which the
community is located and based on criteria established by the
President.
(b) Establishment of Program.--The President [may] shall
establish a program to provide technical and financial
assistance to States and local governments to assist in the
implementation of predisaster hazard mitigation measures that
are related to a major disaster declaration in the previous 4
years and cost-effective and are designed to reduce injuries,
loss of life, and damage and destruction of property, including
damage to critical services and facilities under the
jurisdiction of the States or local governments.
(c) Approval by President.--If the President determines that
a State or local government has identified natural disaster
hazards in areas under its jurisdiction and has demonstrated
the ability to form effective public-private natural disaster
hazard mitigation partnerships, the President, using amounts in
the National Public Infrastructure Predisaster Mitigation Fund
established under subsection (i) (referred to in this section
as the ``Fund''), [may] shall provide technical and financial
assistance to the State or local government to be used in
accordance with subsection (e).
(d) State Recommendations.--
(1) In general.--
(A) Recommendations.--The Governor of each
State may recommend to the President not fewer
than five local governments to receive
assistance under this section.
(B) Deadline for submission.--The
recommendations under subparagraph (A) shall be
submitted to the President not later than
October 1, 2001, and each October 1st
thereafter or such later date in the year as
the President may establish.
(C) Criteria.--In making recommendations
under subparagraph (A), a Governor shall
consider the criteria specified in subsection
(g).
(2) Use.--
(A) In general.--Except as provided in
subparagraph (B), in providing assistance to
local governments under this section, the
President shall select from local governments
recommended by the Governors under this
subsection.
(B) Extraordinary circumstances.--In
providing assistance to local governments under
this section, the President may select a local
government that has not been recommended by a
Governor under this subsection if the President
determines that extraordinary circumstances
justify the selection and that making the
selection will further the purpose of this
section.
(3) Effect of failure to nominate.--If a Governor of
a State fails to submit recommendations under this
subsection in a timely manner, the President may
select, subject to the criteria specified in subsection
(g), any local governments of the State to receive
assistance under this section.
(e) Uses of Technical and Financial Assistance.--
(1) In general.--Technical and financial assistance
provided under this section--
(A) shall be used by States and local
governments principally to implement
predisaster hazard mitigation measures that are
cost-effective and are described in proposals
approved by the President under this section;
and
(B) may be used--
(i) to support effective public-
private natural disaster hazard
mitigation partnerships;
(ii) to improve the assessment of a
community's vulnerability to natural
hazards;
(iii) to establish hazard mitigation
priorities, and an appropriate hazard
mitigation plan, for a community; or
(iv) to establish and carry out
enforcement activities and implement
the latest published editions of
relevant consensus-based codes,
specifications, and standards that
incorporate the latest hazard-resistant
designs and establish minimum
acceptable criteria for the design,
construction, and maintenance of
residential structures and facilities
that may be eligible for assistance
under this Act for the purpose of
protecting the health, safety, and
general welfare of the buildings' users
against disasters.
(2) Dissemination.--A State or local government may
use not more than 10 percent of the financial
assistance received by the State or local government
under this section for a fiscal year to fund activities
to disseminate information regarding cost-effective
mitigation technologies.
(f) Allocation of Funds.--
(1) In general.--The President shall award financial
assistance under this section on a competitive basis
for mitigation activities that are cost effective and
in accordance with the criteria in subsection (g).
(2) Minimum and maximum amounts.--In providing
financial assistance under this section, the President
shall ensure that the amount of financial assistance
made available to a State (including amounts made
available to local governments of the State) for a
fiscal year--
(A) is not less than the lesser of--
(i) $575,000; or
(ii) the amount that is equal to 1
percent of the total funds appropriated
to carry out this section for the
fiscal year; and
(B) does not exceed the amount that is equal
to 15 percent of the total funds appropriated
to carry out this section for the fiscal year.
(3) Redistribution of unobligated amounts.--The
President may--
(A) withdraw amounts of financial assistance
made available to a State (including amounts
made available to local governments of a State)
under this subsection that remain unobligated
by the end of the third fiscal year after the
fiscal year for which the amounts were
allocated; and
(B) in the fiscal year following a fiscal
year in which amounts were withdrawn under
subparagraph (A), add the amounts to any other
amounts available to be awarded on a
competitive basis pursuant to paragraph (1).
(g) Criteria for Assistance Awards.--In determining whether
to provide technical and financial assistance to a State or
local government under this section, the President shall
provide financial assistance only in States that have received
a major disaster declaration in the previous [7 years] 4 years,
or to any Indian tribal government located partially or
entirely within the boundaries of such States, and take into
account--
(1) the extent and nature of the hazards to be
mitigated;
(2) the degree of commitment of the State or local
government to reduce damages from future natural
disasters;
(3) the degree of commitment by the State or local
government to support ongoing non-Federal support for
the hazard mitigation measures to be carried out using
the technical and financial assistance;
(4) the extent to which the hazard mitigation
measures to be carried out using the technical and
financial assistance contribute to the mitigation goals
and priorities established by the State;
(5) the extent to which the technical and financial
assistance is consistent with other assistance provided
under this Act;
(6) the extent to which prioritized, cost-effective
mitigation activities that produce meaningful and
definable outcomes are clearly identified;
(7) if the State or local government has submitted a
mitigation plan under section 322, the extent to which
the activities identified under paragraph (6) are
consistent with the mitigation plan;
(8) the opportunity to fund activities that maximize
net benefits to society;
(9) the extent to which assistance will fund
mitigation activities in small impoverished
communities;
(10) the extent to which the State, local, Indian
tribal, or territorial government has facilitated the
adoption and enforcement of the latest published
editions of relevant consensus-based codes,
specifications, and standards, including amendments
made by State, local, Indian tribal, or territorial
governments during the adoption process that
incorporate the latest hazard-resistant designs and
establish criteria for the design, construction, and
maintenance of residential structures and facilities
that may be eligible for assistance under this Act for
the purpose of protecting the health, safety, and
general welfare of the buildings' users against
disasters[;]; and
(11) the extent to which the assistance will fund
activities that increase the level of resiliency[;
and].
[(12) such other criteria as the President
establishes in consultation with State and local
governments.]
(h) Federal Share.--
(1) In general.--Financial assistance provided under
this section may contribute up to 75 percent of the
total cost of mitigation activities approved by the
President.
(2) Small impoverished communities.--Notwithstanding
paragraph (1), the President may contribute up to 90
percent of the total cost of a mitigation activity
carried out in a small impoverished community.
(i) National Public Infrastructure Predisaster Mitigation
Assistance.--
(1) In general.--The President [may] shall set aside
from the Disaster Relief Fund, with respect to each
major disaster, an amount [equal to] that is not less
than 3 percent and not more than 6 percent of the
estimated aggregate amount of the grants to be made
pursuant to sections 403, 406, 407, 408, 410, 416, and
428 for the major disaster in order to provide
technical and financial assistance under this section
and such set aside shall be deemed to be related to
activities carried out pursuant to major disasters
under this Act.
(2) Estimated aggregate amount.--Not later than 180
days after each major disaster declaration pursuant to
this Act, the estimated aggregate amount of grants for
purposes of paragraph (1) shall be determined by the
President and such estimated amount need not be
reduced, increased, or changed due to variations in
estimates.
(3) No reduction in amounts.--The amount set aside
pursuant to paragraph (1) shall not reduce the amounts
otherwise made available for sections 403, 404, 406,
407, 408, 410, 416, and 428 under this Act.
(j) Multihazard Advisory Maps.--
(1) Definition of multihazard advisory map.--In this
subsection, the term ``multihazard advisory map'' means
a map on which hazard data concerning each type of
natural disaster is identified simultaneously for the
purpose of showing areas of hazard overlap.
(2) Development of maps.--In consultation with
States, local governments, and appropriate Federal
agencies, the President shall develop multihazard
advisory maps for areas, in not fewer than five States,
that are subject to commonly recurring natural hazards
(including flooding, hurricanes and severe winds, and
seismic events).
(3) Use of technology.--In developing multihazard
advisory maps under this subsection, the President
shall use, to the maximum extent practicable, the most
cost-effective and efficient technology available.
(4) Use of maps.--
(A) Advisory nature.--The multihazard
advisory maps shall be considered to be
advisory and shall not require the development
of any new policy by, or impose any new policy
on, any government or private entity.
(B) Availability of maps.--The multihazard
advisory maps shall be made available to the
appropriate State and local governments for the
purposes of--
(i) informing the general public
about the risks of natural hazards in
the areas described in paragraph (2);
(ii) supporting the activities
described in subsection (e); and
(iii) other public uses.
(k) Report on Federal and State Administration.--Not later
than 18 months after the date of the enactment of this section,
the President, in consultation with State and local
governments, shall submit to Congress a report evaluating
efforts to implement this section and recommending a process
for transferring greater authority and responsibility for
administering the assistance program established under this
section to capable States.
(l) Prohibition on Earmarks.--
(1) Definition.--In this subsection, the term
``congressionally directed spending'' means a statutory
provision or report language included primarily at the
request of a Senator or a Member, Delegate or Resident
Commissioner of the House of Representatives 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.
(2) Prohibition.--None of the funds appropriated or
otherwise made available to carry out this section may
be used for congressionally directed spending.
(3) Certification to congress.--The Administrator of
the Federal Emergency Management Agency shall submit to
Congress a certification regarding whether all
financial assistance under this section was awarded in
accordance with this section.
* * * * * * *
----------
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE I--GENERAL
definitions
Section 101. (a) As used in this Act--
(1) The term ``administrator'' means the official designated
by the Secretary of State pursuant to section 104(b) of this
Act.
(2) The term ``advocates'' includes, but is not limited to,
advises, recommends, furthers by overt act, and admits belief
in.
(3) The term ``alien'' means any person not a citizen or
national of the United States.
(4) The term ``application for admission'' has reference to
the application for admission into the United States and not to
the application for the issuance of an immigrant or
nonimmigrant visa.
(5) The term ``Attorney General'' means the Attorney General
of the United States.
(6) The term ``border crossing identification card'' means a
document of identity bearing that designation issued to an
alien who is lawfully admitted for permanent residence, or to
an alien who is a resident in foreign contiguous territory, by
a consular officer or an immigration officer for the purpose of
crossing over the borders between the United States and foreign
contiguous territory in accordance with such conditions for its
issuance and use as may be prescribed by regulations. Such
regulations shall provide that (A) each such document include a
biometric identifier (such as the fingerprint or handprint of
the alien) that is machine readable and (B) an alien presenting
a border crossing identification card is not permitted to cross
over the border into the United States unless the biometric
identifier contained on the card matches the appropriate
biometric characteristic of the alien.
(7) The term ``clerk of court'' means a clerk of a
naturalization court.
(8) The terms ``Commissioner'' and ``Deputy Commissioner''
mean the Commissioner of Immigration and Naturalization and a
Deputy Commissioner of Immigration and Naturalization,
respectively.
(9) The term ``consular officer'' means any consular,
diplomatic, or other officer or employee of the United States
designated under regulations prescribed under authority
contained in this Act, for the purpose of issuing immigrant or
nonimmigrant visas or, when used in title III, for the purpose
of adjudicating nationality.
(10) The term ``crewman'' means a person serving in any
capacity on board a vessel or aircraft.
(11) The term ``diplomatic visa'' means a nonimmigrant visa
bearing that title and issued to a nonimmigrant in accordance
with such regulations as the Secretary of State may prescribe.
(12) The term ``doctrine'' includes, but is not limited to,
policies, practices, purposes, aims, or procedures.
(13)(A) The terms ``admission'' and ``admitted'' mean, with
respect to an alien, the lawful entry of the alien into the
United States after inspection and authorization by an
immigration officer.
(B) An alien who is paroled under section 212(d)(5) or
permitted to land temporarily as an alien crewman shall not be
considered to have been admitted.
(C) An alien lawfully admitted for permanent residence in the
United States shall not be regarded as seeking an admission
into the United States for purposes of the immigration laws
unless the alien--
(i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a
continuous period in excess of 180 days,
(iii) has engaged in illegal activity after having
departed the United States,
(iv) has departed from the United States while under
legal process seeking removal of the alien from the
United States, including removal proceedings under this
Act and extradition proceedings,
(v) has committed an offense identified in section
212(a)(2), unless since such offense the alien has been
granted relief under section 212(h) or 240A(a), or
(vi) is attempting to enter at a time or place other
than as designated by immigration officers or has not
been admitted to the United States after inspection and
authorization by an immigration officer.
(14) The term ``foreign state'' includes outlying possessions
of a foreign state, but self-governing dominions and
territories under mandate or trusteeship shall be regarded as
separate foreign states.
(15) The term ``immigrant'' means every alien except an alien
who is within one of the following classes of nonimmigrant
aliens--
(A)(i) an ambassador, public minister, or career
diplomatic or consular officer who has been accredited
by a foreign government recognized de jure by the
United States and who is accepted by the President or
by the Secretary of State, and the members of the
alien's immediate family;
(ii) upon a basis of reciprocity, other officials and
employees who have been accredited by a foreign
government recognized de jure by the United States, who
are accepted by the Secretary of State, and the members
of their immediate families; and
(iii) upon a basis of reciprocity, attendants,
servants, personal employees, and members of their
immediate families, of the officials and employees who
have a nonimmigrant status under (i) and (ii) above;
(B) an alien (other than one coming for the purpose
of study or of performing skilled or unskilled labor or
as a representative of foreign press, radio, film, or
other foreign information media coming to engage in
such vocation) having a residence in a foreign country
which he has no intention of abandoning and who is
visiting the United States temporarily for business or
temporarily for pleasure;
(C)(i) an alien in immediate and continuous transit
through the United States, for a period not to exceed
29 days;
(ii) an alien who qualifies as a person entitled to
pass in transit to and from the United Nations
Headquarters District (as defined in section 209A(e) of
the State Department Basic Authorities Act of 1956 (22
U.S.C. 4309a(e))) and foreign countries, under the
provisions of paragraphs (3), (4), and (5) of section
11 of the Agreement regarding the Headquarters of the
United Nations, done at Lake Success June 26, 1947 (61
Stat. 758); or
(iii) an alien passing in transit through the United
States to board a vessel on which the alien will
perform, or to disembark from a vessel on which the
alien performed, ship-to-ship liquid cargo transfer
operations to or from another vessel engaged in foreign
trade, for a period not to exceed 180 days;
(D)(i) an alien crewman serving in good faith as such
in a capacity required for normal operation and service
on board a vessel, as defined in section 258(a) (other
than a fishing vessel having its home port or an
operating base in the United States), or aircraft, who
intends to land temporarily and solely in pursuit of
his calling as a crewman and to depart from the United
States with the vessel or aircraft on which he arrived
or some other vessel or aircraft;
(ii) an alien crewman serving in good faith as such
in any capacity required for normal operations and
service aboard a fishing vessel having its home port or
an operating base in the United States who intends to
land temporarily in Guam or the Commonwealth of the
Northern Mariana Islands and solely in pursuit of his
calling as a crewman and to depart from Guam or the
Commonwealth of the Northern Mariana Islands with the
vessel on which he arrived; or
(iii) an alien crewman performing ship-to-ship liquid
cargo transfer operations to or from another vessel
engaged in foreign trade, who intends to land
temporarily solely in pursuit of the alien's
responsibilities as a crewman and to depart from the
United States on the vessel on which the alien arrived
or on another vessel or aircraft, for a period not to
exceed 180 days;
(E) an alien entitled to enter the United States
under and in pursuance of the provisions of a treaty of
commerce and navigation between the United States and
the foreign state of which the alien is a national (or,
in the case of an alien who acquired the relevant
nationality through a financial investment and who has
not previously been granted status under this
subparagraph, the foreign state of which the alien is a
national and in which the alien has been domiciled for
a continuous period of not less than 3 years at any
point before applying for a nonimmigrant visa under
this subparagraph), and the spouse and children of any
such alien if accompanying or following to join such
alien: (i) solely to carry on substantial trade,
including trade in services or trade in technology,
principally between the United States and the foreign
state of which the alien is a national; (ii) solely to
develop and direct the operations of an enterprise in
which the alien has invested, or of an enterprise in
which the alien is actively in the process of
investing, a substantial amount of capital; or (iii)
solely to perform services in a specialty occupation in
the United States if the alien is a national of the
Commonwealth of Australia and with respect to whom the
Secretary of Labor determines and certifies to the
Secretary of Homeland Security and the Secretary of
State that the intending employer has filed with the
Secretary of Labor an attestation under section
212(t)(1);
(F)(i) an alien having a residence in a foreign
country which he has no intention of abandoning, who is
a bona fide student qualified to pursue a full course
of study and who seeks to enter the United States
temporarily and solely for the purpose of pursuing such
a course of study consistent with section 214(l) at an
established college, university, seminary,
conservatory, academic high school, elementary school,
or other academic institution or in an accredited
language training program in the United States,
particularly designated by him and approved by the
Attorney General after consultation with the Secretary
of Education, which institution or place of study shall
have agreed to report to the Attorney General the
termination of attendance of each nonimmigrant student,
and if any such institution of learning or place of
study fails to make reports promptly the approval shall
be withdrawn, (ii) the alien spouse and minor children
of any alien described in clause (i) if accompanying or
following to join such an alien, and (iii) an alien who
is a national of Canada or Mexico, who maintains actual
residence and place of abode in the country of
nationality, who is described in clause (i) except that
the alien's qualifications for and actual course of
study may be full or part-time, and who commutes to the
United States institution or place of study from Canada
or Mexico;
(G)(i) a designated principal resident representative
of a foreign government recognized de jure by the
United States, which foreign government is a member of
an international organization entitled to enjoy
privileges, exemptions, and immunities as an
international organization under the International
Organizations Immunities Act (59 Stat. 669), accredited
resident members of the staff of such representatives,
and members of his or their immediate family;
(ii) other accredited representatives of such a
foreign government to such international organizations,
and the members of their immediate families;
(iii) an alien able to qualify under (i) or (ii)
above except for the fact that the government of which
such alien is an accredited representative is not
recognized de jure by the United States, or that the
government of which he is an accredited representative
is not a member of such international organization, and
the members of his immediate family;
(iv) officers, or employees of such international
organizations, and the members of their immediate
families;
(v) attendants, servants, and personal employees of
any such representative, officer, or employee, and the
members of the immediate families of such attendants,
servants, and personal employees;
(H) an alien (i) (b) subject to section 212(j)(2),
who is coming temporarily to the United States to
perform services (other than services described in
subclause (a) during the period in which such subclause
applies and other than services described in subclause
(ii)(a) or in subparagraph (O) or (P)) in a specialty
occupation described in section 214(i)(1) or as a
fashion model, who meets the requirements for the
occupation specified in section 214(i)(2) or, in the
case of a fashion model, is of distinguished merit and
ability, and with respect to whom the Secretary of
Labor determines and certifies to the Attorney General
that the intending employer has filed with the
Secretary an application under section 212(n)(1), or
(b1) who is entitled to enter the United States under
and in pursuance of the provisions of an agreement
listed in section 214(g)(8)(A), who is engaged in a
specialty occupation described in section 214(i)(3),
and with respect to whom the Secretary of Labor
determines and certifies to the Secretary of Homeland
Security and the Secretary of State that the intending
employer has filed with the Secretary of Labor an
attestation under section 212(t)(1), or (c) who is
coming temporarily to the United States to perform
services as a registered nurse, who meets the
qualifications described in section 212(m)(1), and with
respect to whom the Secretary of Labor determines and
certifies to the Attorney General that an unexpired
attestation is on file and in effect under section
212(m)(2) for the facility (as defined in section
212(m)(6)) for which the alien will perform the
services; or (ii)(a) having a residence in a foreign
country which he has no intention of abandoning who is
coming temporarily to the United States to perform
agricultural labor or services, as defined by the
Secretary of Labor in regulations and including
agricultural labor defined in section 3121(g) of the
Internal Revenue Code of 1986, agriculture as defined
in section 3(f) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(f)), and the pressing of apples for
cider on a farm, of a temporary or seasonal nature, or
(b) having a residence in a foreign country which he
has no intention of abandoning who is coming
temporarily to the United States to perform other
temporary service or labor if unemployed persons
capable of performing such service or labor cannot be
found in this country, but this clause shall not apply
to graduates of medical schools coming to the United
States to perform services as members of the medical
profession; or (iii) having a residence in a foreign
country which he has no intention of abandoning who is
coming temporarily to the United States as a trainee,
other than to receive graduate medical education or
training, in a training program that is not designed
primarily to provide productive employment; and the
alien spouse and minor children of any such alien
specified in this paragraph if accompanying him or
following to join him;
(I) upon a basis of reciprocity, an alien who is a
bona fide representative of foreign press, radio, film,
or other foreign information media, who seeks to enter
the United States solely to engage in such vocation,
and the spouse and children of such a representative if
accompanying or following to join him;
(J) an alien having a residence in a foreign country
which he has no intention of abandoning who is a bona
fide student, scholar, trainee, teacher, professor,
research assistant, specialist, or leader in a field of
specialized knowledge or skill, or other person of
similar description, who is coming temporarily to the
United States as a participant in a program designated
by the Director of the United States Information
Agency, for the purpose of teaching, instructing or
lecturing, studying, observing, conducting research,
consulting, demonstrating special skills, or receiving
training and who, if he is coming to the United States
to participate in a program under which he will receive
graduate medical education or training, also meets the
requirements of section 212(j), and the alien spouse
and minor children of any such alien if accompanying
him or following to join him;
(K) subject to subsections (d) and (p) of section
214, an alien who--
(i) is the fiancee or fiance of a citizen of
the United States (other than a citizen
described in section 204(a)(1)(A)(viii)(I)) and
who seeks to enter the United States solely to
conclude a valid marriage with the petitioner
within ninety days after admission;
(ii) has concluded a valid marriage with a
citizen of the United States (other than a
citizen described in section
204(a)(1)(A)(viii)(I)) who is the petitioner,
is the beneficiary of a petition to accord a
status under section 201(b)(2)(A)(i) that was
filed under section 204 by the petitioner, and
seeks to enter the United States to await the
approval of such petition and the availability
to the alien of an immigrant visa; or
(iii) is the minor child of an alien
described in clause (i) or (ii) and is
accompanying, or following to join, the alien;
(L) subject to section 214(c)(2), an alien who,
within 3 years preceding the time of his application
for admission into the United States, has been employed
continuously for one year by a firm or corporation or
other legal entity or an affiliate or subsidiary
thereof and who seeks to enter the United States
temporarily in order to continue to render his services
to the same employer or a subsidiary or affiliate
thereof in a capacity that is managerial, executive, or
involves specialized knowledge, and the alien spouse
and minor children of any such alien if accompanying
him or following to join him;
(M)(i) an alien having a residence in a foreign
country which he has no intention of abandoning who
seeks to enter the United States temporarily and solely
for the purpose of pursuing a full course of study at
an established vocational or other recognized
nonacademic institution (other than in a language
training program) in the United States particularly
designated by him and approved by the Attorney General,
after consultation with the Secretary of Education,
which institution shall have agreed to report to the
Attorney General the termination of attendance of each
nonimmigrant nonacademic student and if any such
institution fails to make reports promptly the approval
shall be withdrawn, (ii) the alien spouse and minor
children of any alien described in clause (i) if
accompanying or following to join such an alien, and
(iii) an alien who is a national of Canada or Mexico,
who maintains actual residence and place of abode in
the country of nationality, who is described in clause
(i) except that the alien's course of study may be full
or part-time, and who commutes to the United States
institution or place of study from Canada or Mexico;
(N)(i) the parent of an alien accorded the status of
special immigrant under paragraph (27)(I)(i) (or under
analogous authority under paragraph (27)(L)), but only
if and while the alien is a child, or (ii) a child of
such parent or of an alien accorded the status of a
special immigrant under clause (ii), (iii), or (iv) of
paragraph (27)(I) (or under analogous authority under
paragraph (27)(L));
(O) an alien who--
(i) has extraordinary ability in the
sciences, arts, education, business, or
athletics which has been demonstrated by
sustained national or international acclaim or,
with regard to motion picture and television
productions a demonstrated record of
extraordinary achievement, and whose
achievements have been recognized in the field
through extensive documentation, and seeks to
enter the United States to continue work in the
area of extraordinary ability; or
(ii)(I) seeks to enter the United States
temporarily and solely for the purpose of
accompanying and assisting in the artistic or
athletic performance by an alien who is
admitted under clause (i) for a specific event
or events,
(II) is an integral part of such actual
performance,
(III)(a) has critical skills and experience
with such alien which are not of a general
nature and which cannot be performed by other
individuals, or (b) in the case of a motion
picture or television production, has skills
and experience with such alien which are not of
a general nature and which are critical either
based on a pre-existing longstanding working
relationship or, with respect to the specific
production, because significant production
(including pre- and post-production work) will
take place both inside and outside the United
States and the continuing participation of the
alien is essential to the successful completion
of the production, and
(IV) has a foreign residence which the alien
has no intention of abandoning; or
(iii) is the alien spouse or child of an
alien described in clause (i) or (ii) and is
accompanying, or following to join, the alien;
(P) an alien having a foreign residence which the
alien has no intention of abandoning who--
(i)(a) is described in section 214(c)(4)(A)
(relating to athletes), or (b) is described in
section 214(c)(4)(B) (relating to entertainment
groups);
(ii)(I) performs as an artist or entertainer,
individually or as part of a group, or is an
integral part of the performance of such a
group, and
(II) seeks to enter the United States
temporarily and solely for the purpose of
performing as such an artist or entertainer or
with such a group under a reciprocal exchange
program which is between an organization or
organizations in the United States and an
organization or organizations in one or more
foreign states and which provides for the
temporary exchange of artists and entertainers;
(iii)(I) performs as an artist or
entertainer, individually or as part of a
group, or is an integral part of the
performance of such a group, and
(II) seeks to enter the United States
temporarily and solely to perform, teach, or
coach as such an artist or entertainer or with
such a group under a commercial or
noncommercial program that is culturally
unique; [or]
(iv) seeks to enter the United States
temporarily and solely for the purpose of
performing functions that are integral and
essential to the operation of a mobile
entertainment provider (as set forth in section
214(c)(4)(I)(ii)); or
[(iv)] (v) is the spouse or child of an alien
described in [clause (i), (ii), or (iii)]
clause (i), (ii), (iii), or (iv) and is
accompanying, or following to join, the alien;
(Q) an alien having a residence in a foreign country
which he has no intention of abandoning who is coming
temporarily (for a period not to exceed 15 months) to
the United States as a participant in an international
cultural exchange program approved by the Secretary of
Homeland Security for the purpose of providing
practical training, employment, and the sharing of the
history, culture, and traditions of the country of the
alien's nationality and who will be employed under the
same wages and working conditions as domestic workers;
(R) an alien, and the spouse and children of the
alien if accompanying or following to join the alien,
who--
(i) for the 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; and
(ii) seeks to enter the United States for a
period not to exceed 5 years to perform the
work described in subclause (I), (II), or (III)
of paragraph (27)(C)(ii);
(S) subject to section 214(k), an alien--
(i) who the Attorney General determines--
(I) is in possession of critical
reliable information concerning a
criminal organization or enterprise;
(II) is willing to supply or has
supplied such information to Federal or
State law enforcement authorities or a
Federal or State court; and
(III) whose presence in the United
States the Attorney General determines
is essential to the success of an
authorized criminal investigation or
the successful prosecution of an
individual involved in the criminal
organization or enterprise; or
(ii) who the Secretary of State and the
Attorney General jointly determine--
(I) is in possession of critical
reliable information concerning a
terrorist organization, enterprise, or
operation;
(II) is willing to supply or has
supplied such information to Federal
law enforcement authorities or a
Federal court;
(III) will be or has been placed in
danger as a result of providing such
information; and
(IV) is eligible to receive a reward
under section 36(a) of the State
Department Basic Authorities Act of
1956,
and, if the Attorney General (or with respect to clause
(ii), the Secretary of State and the Attorney General
jointly) considers it to be appropriate, the spouse,
married and unmarried sons and daughters, and parents
of an alien described in clause (i) or (ii) if
accompanying, or following to join, the alien;
(T)(i) subject to section 214(o), an alien who the
Secretary of Homeland Security, or in the case of
subclause (III)(aa) the Secretary of Homeland Security,
in consultation with the Attorney General, determines--
(I) is or has been a victim of a
severe form of trafficking in persons,
as defined in section 103 of the
Trafficking Victims Protection Act of
2000;
(II) is physically present in the
United States, American Samoa, or the
Commonwealth of the Northern Mariana
Islands, or at a port of entry thereto,
on account of such trafficking,
including physical presence on account
of the alien having been allowed entry
into the United States for
participation in investigative or
judicial processes associated with an
act or a perpetrator of trafficking;
(III)(aa) has complied with any
reasonable request for assistance in
the Federal, State or local
investigation or prosecution of acts of
trafficking or the investigation of
crime where acts of trafficking are at
least one central reason for the
commission of that crime;
(bb) in consultation with the Attorney
General, as appropriate, is unable to cooperate
with a request described in item (aa) due to
physical or psychological trauma; or
(cc) has not attained 18 years of
age; and
(IV) the alien would suffer extreme
hardship involving unusual and severe
harm upon removal; and
(ii) if accompanying, or following to join, the alien
described in clause (i)--
(I) in the case of an alien described in
clause (i) who is under 21 years of age, the
spouse, children, unmarried siblings under 18
years of age on the date on which such alien
applied for status under such clause, and
parents of such alien;
(II) in the case of an alien described in
clause (i) who is 21 years of age or older, the
spouse and children of such alien; or
(III) any parent or unmarried sibling under
18 years of age of an alien described in
subclause (I) or (II) who the Secretary of
Homeland Security, in consultation with the law
enforcement officer investigating a severe form
of trafficking, determines faces a present
danger of retaliation as a result of the
alien's escape from the severe form of
trafficking or cooperation with law
enforcement.
(U)(i) subject to section 214(p), an alien who files
a petition for status under this subparagraph, if the
Secretary of Homeland Security determines that--
(I) the alien has suffered
substantial physical or mental abuse as
a result of having been a victim of
criminal activity described in clause
(iii);
(II) the alien (or in the case of an
alien child under the age of 16, the
parent, guardian, or next friend of the
alien) possesses information concerning
criminal activity described in clause
(iii);
(III) the alien (or in the case of an
alien child under the age of 16, the
parent, guardian, or next friend of the
alien) has been helpful, is being
helpful, or is likely to be helpful to
a Federal, State, or local law
enforcement official, to a Federal,
State, or local prosecutor, to a
Federal or State judge, to the Service,
or to other Federal, State, or local
authorities investigating or
prosecuting criminal activity described
in clause (iii); and
(IV) the criminal activity described
in clause (iii) violated the laws of
the United States or occurred in the
United States (including in Indian
country and military installations) or
the territories and possessions of the
United States;
(ii) if accompanying, or following to join, the alien
described in clause (i)--
(I) in the case of an alien described in
clause (i) who is under 21 years of age, the
spouse, children, unmarried siblings under 18
years of age on the date on which such alien
applied for status under such clause, and
parents of such alien; or
(II) in the case of an alien described in
clause (i) who is 21 years of age or older, the
spouse and children of such alien; and
(iii) the criminal activity referred to in
this clause is that involving one or more of
the following or any similar activity in
violation of Federal, State, or local criminal
law: rape; torture; trafficking; incest;
domestic violence; sexual assault; abusive
sexual contact; prostitution; sexual
exploitation; stalking; female genital
mutilation; being held hostage; peonage;
involuntary servitude; slave trade; kidnapping;
abduction; unlawful criminal restraint; false
imprisonment; blackmail; extortion;
manslaughter; murder; felonious assault;
witness tampering; obstruction of justice;
perjury; fraud in foreign labor contracting (as
defined in section 1351 of title 18, United
States Code); or attempt, conspiracy, or
solicitation to commit any of the above
mentioned crimes; or
(V) subject to section 214(q), an alien who is the
beneficiary (including a child of the principal alien,
if eligible to receive a visa under section 203(d)) of
a petition to accord a status under section
203(a)(2)(A) that was filed with the Attorney General
under section 204 on or before the date of the
enactment of the Legal Immigration Family Equity Act,
if--
(i) such petition has been pending for 3
years or more; or
(ii) such petition has been approved, 3 years
or more have elapsed since such filing date,
and--
(I) an immigrant visa is not
immediately available to the alien
because of a waiting list of applicants
for visas under section 203(a)(2)(A);
or
(II) the alien's application for an
immigrant visa, or the alien's
application for adjustment of status
under section 245, pursuant to the
approval of such petition, remains
pending.
(16) The term ``immigrant visa'' means an immigrant visa
required by this Act and properly issued by a consular officer
at his office outside of the United States to an eligible
immigrant under the provisions of this Act.
(17) The term ``immigration laws'' includes this Act and all
laws, conventions, and treaties of the United States relating
to the immigration, exclusion, deportation, expulsion or
removal of aliens.
(18) The term ``immigration officer'' means any employee or
class of employees of the Service or of the United States
designated by the Attorney General, individually or by
regulation, to perform the functions of an immigration officer
specified by this Act or any section thereof.
(19) The term ``ineligible to citizenship,'' when used in
reference to any individual, means, notwithstanding the
provisions of any treaty relating to military service, an
individual who is, or was at any time, permanently debarred
from becoming a citizen of the United States under section 3(a)
of the Selective Training and Service Act of 1940, as amended
(54 Stat. 885; 55 Stat. 844), or under section 4(a) of the
Selective Service Act of 1948, as amended (62 Stat. 605; 65
Stat. 76), or under any section of this Act, or any other Act,
or under any law amendatory of, supplementary to, or in
substitution for, any of such sections or Acts.
(20) The term ``lawfully admitted for permanent residence''
means the status of having been lawfully accorded the privilege
of residing permanently in the United States as an immigrant in
accordance with the immigration laws, such status not having
changed.
(21) The term ``national'' means a person owing permanent
allegiance to a state.
(22) The term ``national of the United States'' means (A) a
citizen of the United States, or (B) a person who, though not a
citizen of the United States, owes permanent allegiance to the
United States.
(23) The term ``naturalization'' means the conferring of
nationality of a state upon a person after birth, by any means
whatsoever.
(25) The term ``noncombatant service'' shall not include
service in which the individual is not subject to military
discipline, court martial, or does not wear the uniform of any
branch of the armed forces.
(26) The term ``nonimmigrant visa'' means a visa properly
issued to an alien as an eligible nonimmigrant by a competent
officer as provided in this Act.
(27) The term ``special immigrant'' means--
(A) an immigrant, lawfully admitted for permanent
residence, who is returning from a temporary visit
abroad;
(B) an immigrant who was a citizen of the United
States and may, under section 324(a) or 327 of title
III, apply for reacquisition of citizenship;
(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, 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, 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 the Internal
Revenue Code of 1986) at the request of
the organization in a religious
vocation or occupation; and
(iii) has been carrying on such vocation,
professional work, or other work continuously
for at least the 2-year period described in
clause (i);
(D) an immigrant who--
(i) is an employee, or an honorably retired
former employee, of the United States
Government abroad, or of the American Institute
in Taiwan, and who has performed faithful
service for a total of fifteen years, or more,
and his accompanying spouse and children:
Provided, That the principal officer of a
Foreign Service establishment (or, in the case
of the American Institute in Taiwan, the
Director thereof), in his discretion, shall
have recommended the granting of special
immigrant status to such alien in exceptional
circumstances and the Secretary of State
approves such recommendation and finds that it
is in the national interest to grant such
status; or
(ii) is the surviving spouse or child of an
employee of the United States Government
abroad: Provided, That the employee performed
faithful service for a total of not less than
15 years or was killed in the line of duty;
(E) an immigrant, and his accompanying spouse and
children, who is or has been an employee of the Panama
Canal Company or Canal Zone Government before the date
on which the Panama Canal Treaty of 1977 (as described
in section 3 (a)(1) of the Panama Canal Act of 1979)
enters into force, who was resident in the Canal Zone
on the effective date of the exchange of instruments of
ratification of such Treaty, and who has performed
faithful service as such an employee for one year or
more;
(F) an immigrant, and his accompanying spouse and
children, who is a Panamanian national and (i) who,
before the date on which such Panama Canal Treaty of
1977 enters into force, has been honorably retired from
United States Government employment in the Canal Zone
with a total of 15 years or more of faithful service,
or (ii) who on the date on which such Treaty enters
into force, has been employed by the United States
Government in the Canal Zone with a total of 15 years
or more of faithful service and who subsequently is
honorably retired from such employment or continues to
be employed by the United States Government in an area
of the former Canal Zone or continues to be employed by
the United States Government in an area of the former
Canal Zone;
(G) an immigrant, and his accompanying spouse and
children, who was an employee of the Panama Canal
Company or Canal Zone government on the effective date
of the exchange of instruments of ratification of such
Panama Canal Treaty of 1977, who has performed faithful
service for five years or more as such an employee, and
whose personal safety, or the personal safety of whose
spouse or children, as a direct result of such Treaty,
is reasonably placed in danger because of the special
nature of any of that employment;
(H) an immigrant, and his accompanying spouse and
children, who--
(i) has graduated from a medical school or
has qualified to practice medicine in a foreign
state,
(ii) was fully and permanently licensed to
practice medicine in a State on January 9,
1978, and was practicing medicine in a State on
that date,
(iii) entered the United States as a
nonimmigrant under subsection (a)(15)(H) or
(a)(15)(J) before January 10, 1978, and
(iv) has been continuously present in the
United States in the practice or study of
medicine since the date of such entry;
(I)(i) an immigrant who is the unmarried son or
daughter of an officer or employee, or of a former
officer or employee, of an international organization
described in paragraph (15)(G)(i), and who (I) while
maintaining the status of a nonimmigrant under
paragraph (15)(G)(iv) or paragraph (15)(N), has resided
and been physically present in the United States for
periods totaling at least one-half of the seven years
before the date of application for a visa or for
adjustment of status to a status under this
subparagraph and for a period or periods aggregating at
least seven years between the ages of five and 21
years, and (II) applies for a visa or adjustment of
status under this subparagraph no later than his
twenty-fifth birthday or six months after the date of
the enactment of the Immigration Technical Corrections
Act of 1988, whichever is later;
(ii) an immigrant who is the surviving spouse of a
deceased officer or employee of such an international
organization, and who (I) while maintaining the status
of a nonimmigrant under paragraph (15)(G)(iv) or
paragraph (15)(N), has resided and been physically
present in the United States for periods totaling at
least one-half of the seven years before the date of
application for a visa or for adjustment of status to a
status under this subparagraph and for a period or
periods aggregating at least 15 years before the date
of the death of such officer or employee, and (II)
files a petition for status under this subparagraph no
later than six months after the date of such death or
six months after the date of such death or six months
after the date of the enactment of the Immigration
Technical Corrections Act of 1988, whichever is later;
(iii) an immigrant who is a retired officer or
employee of such an international organization, and who
(I) while maintaining the status of a nonimmigrant
under paragraph (15)(G)(iv), has resided and been
physically present in the United States for periods
totaling at least one-half of the seven years before
the date of application for a visa or for adjustment of
status to a status under this subparagraph and for a
period or periods aggregating at least 15 years before
the date of the officer or employee's retirement from
any such international organization, and (II) files a
petition for status under this subparagraph no later
than six months after the date of such retirement or
six months after the date of enactment of the
Immigration and Nationality Technical Corrections Act
of 1994, whichever is later; or
(iv) an immigrant who is the spouse of a retired
officer or employee accorded the status of special
immigrant under clause (iii), accompanying or following
to join such retired officer or employee as a member of
his immediate family;
(J) an immigrant who is present in the United
States--
(i) who has been declared dependent on a
juvenile court located in the United States or
whom such a court has legally committed to, or
placed under the custody of, an agency or
department of a State, or an individual or
entity appointed by a State or juvenile court
located in the United States, and whose
reunification with 1 or both of the immigrant's
parents is not viable due to abuse, neglect,
abandonment, or a similar basis found under
State law;
(ii) for whom it has been determined in
administrative or judicial proceedings that it
would not be in the alien's best interest to be
returned to the alien's or parent's previous
country of nationality or country of last
habitual residence; and
(iii) in whose case the Secretary of Homeland
Security consents to the grant of special
immigrant juvenile status, except that--
(I) no juvenile court has
jurisdiction to determine the custody
status or placement of an alien in the
custody of the Secretary of Health and
Human Services unless the Secretary of
Health and Human Services specifically
consents to such jurisdiction; and
(II) no natural parent or prior
adoptive parent of any alien provided
special immigrant status under this
subparagraph shall thereafter, by
virtue of such parentage, be accorded
any right, privilege, or status under
this Act;
(K) an immigrant who has served honorably on active
duty in the Armed Forces of the United States after
October 15, 1978, and after original lawful enlistment
outside the United States (under a treaty or agreement
in effect on the date of the enactment of this
subparagraph) for a period or periods aggregating--
(i) 12 years and who, if separated from such
service, was never separated except under
honorable conditions, or
(ii) 6 years, in the case of an immigrant who
is on active duty at the time of seeking
special immigrant status under this
subparagraph and who has reenlisted to incur a
total active duty service obligation of at
least 12 years,
and the spouse or child of any such immigrant if
accompanying or following to join the immigrant, but
only if the executive department under which the
immigrant serves or served recommends the granting of
special immigrant status to the immigrant;
(L) an immigrant who would be described in clause
(i), (ii), (iii), or (iv) of subparagraph (I) if any
reference in such a clause--
(i) to an international organization
described in paragraph (15)(G)(i) were treated
as a reference to the North Atlantic Treaty
Organization (NATO);
(ii) to a nonimmigrant under paragraph
(15)(G)(iv) were treated as a reference to a
nonimmigrant classifiable under NATO-6 (as a
member of a civilian component accompanying a
force entering in accordance with the
provisions of the NATO Status-of-Forces
Agreement, a member of a civilian component
attached to or employed by an Allied
Headquarters under the ``Protocol on the Status
of International Military Headquarters'' set up
pursuant to the North Atlantic Treaty, or as a
dependent); and
(iii) to the Immigration Technical
Corrections Act of 1988 or to the Immigration
and Nationality Technical Corrections Act of
1994 were a reference to the American
Competitiveness and Workforce Improvement Act
of 1998
(M) subject to the numerical limitations of section
203(b)(4), an immigrant who seeks to enter the United
States to work as a broadcaster in the United States
for the International Broadcasting Bureau of the
Broadcasting Board of Governors, or for a grantee of
the Broadcasting Board of Governors, and the
immigrant's accompanying spouse and children.
(28) The term ``organization'' means, but is not limited to,
an organization, corporation, company, partnership,
association, trust, foundation or fund; and includes a group of
persons, whether or not incorporated, permanently or
temporarily associated together with joint action on any
subject or subjects.
(29) The term ``outlying possessions of the United States''
means American Samoa and Swains Island.
(30) The term ``passport'' means any travel document issued
by competent authority showing the bearer's origin, identity,
and nationality if any, which is valid for the admission of the
bearer into a foreign country.
(31) The term ``permanent'' means a relationship of
continuing or lasting nature, as distinguished from temporary,
but a relationship may be permanent even though it is one that
may be dissolved eventually at the instance either of the
United States or of the individual, in accordance with law.
(32) The term ``profession'' shall include but not be limited
to architects, engineers, lawyers, physicians, surgeons, and
teachers in elementary or secondary schools, colleges,
academies, or seminaries.
(33) The term ``residence'' means the place of general abode;
the place of general abode of a person means his principal,
actual dwelling place in fact, without regard to intent.
(34) The term ``Service'' means the Immigration and
Naturalization Service of the Department of Justice.
(35) The term ``spouse'', ``wife'', or ``husband'' does not
include a spouse, wife, or husband by reason of any marriage
ceremony where the contracting parties thereto are not
physically present in the presence of each other, unless the
marriage shall have been consummated.
(36) The term ``State'' includes the District of Columbia,
Puerto Rico, Guam, the Virgin Islands of the United States, and
the Commonwealth of the Northern Mariana Islands.
(37) The term ``totalitarian party'' means an organization
which advocates the establishment in the United States of a
totalitarian dictatorship or totalitarianism. The terms
``totalitarian dictatorship'' and ``totalitarianism'' mean and
refer to systems of government not representative in fact,
characterized by (A) the existence of a single political party,
organized on a dictatorial basis, with so close an identity
between such party and its policies and the governmental
policies of the country in which it exists, that the party and
the government constitute an indistinguishable unit, and (B)
the forcible suppression of opposition to such party.
(38) The term ``United States'', except as otherwise
specifically herein provided, when used in a geographical
sense, means the continental United States, Alaska, Hawaii,
Puerto Rico, Guam, the Virgin Islands of the United States, and
the Commonwealth of the Northern Mariana Islands.
(39) The term ``unmarried'', when used in reference to any
individual as of any time, means an individual who at such time
is not married, whether or not previously married.
(40) The term ``world communism'' means a revolutionary
movement, the purpose of which is to establish eventually a
Communist totalitarian dictatorship in any or all the countries
of the world through the medium of an internationally
coordinated Communist political movement.
(41) The term ``graduates of a medical school'' means aliens
who have graduated from a medical school or who have qualified
to practice medicine in a foreign state, other than such aliens
who are of national or international renown in the field of
medicine.
(42) The term ``refugee'' means (A) any person who is outside
any country of such person's nationality or, in the case of a
person having no nationality, is outside any country in which
such person last habitually resided, and who is unable or
unwilling to return to, and is unable or unwilling to avail
himself or herself of the protection of, that country because
of persecution or a well-founded fear of persecution on account
of race, religion, nationality, membership in a particular
social group, or political opinion, or (B) in such
circumstances as the President after appropriate consultation
(as defined in section 207(e) of this Act) may specify, any
person who is within the country of such person's nationality
or, in the case of a person having no nationality, within the
country in which such person is habitually residing, and who is
persecuted or who has a well-founded fear of persecution on
account of race, religion, nationality, membership in a
particular social group, or political opinion. The term
``refugee'' does not include any person who ordered, incited,
assisted, or otherwise participated in the persecution of any
person on account of race, religion, nationality, membership in
a particular social group, or political opinion. For purposes
of determinations under this Act, a person who has been forced
to abort a pregnancy or to undergo involuntary sterilization,
or who has been persecuted for failure or refusal to undergo
such a procedure or for other resistance to a coercive
population control program, shall be deemed to have been
persecuted on account of political opinion, and a person who
has a well founded fear that he or she will be forced to
undergo such a procedure or subject to persecution for such
failure, refusal, or resistance shall be deemed to have a well
founded fear of persecution on account of political opinion.
(43) The term ``aggravated felony'' means--
(A) murder, rape, or sexual abuse of a minor;
(B) illicit trafficking in a controlled substance (as
defined in section 102 of the Controlled Substances
Act), including a drug trafficking crime (as defined in
section 924(c) of title 18, United States Code);
(C) illicit trafficking in firearms or destructive
devices (as defined in section 921 of title 18, United
States Code) or in explosive materials (as defined in
section 841(c) of that title);
(D) an offense described in section 1956 of title 18,
United States Code (relating to laundering of monetary
instruments) or section 1957 of that title (relating to
engaging in monetary transactions in property derived
from specific unlawful activity) if the amount of the
funds exceeded $10,000;
(E) an offense described in--
(i) section 842 (h) or (i) of title 18,
United States Code, or section 844 (d), (e),
(f), (g), (h), or (i) of that title (relating
to explosive materials offenses);
(ii) section 922(g) (1), (2), (3), (4), or
(5), (j), (n), (o), (p), or (r) or 924 (b) or
(h) of title 18, United States Code (relating
to firearms offenses); or
(iii) section 5861 of the Internal Revenue
Code of 1986 (relating to firearms offenses);
(F) a crime of violence (as defined in section 16 of
title 18, United States Code, but not including a
purely political offense) for which the term of
imprisonment at least one year;
(G) a theft offense (including receipt of stolen
property) or burglary offense for which the term of
imprisonment imposed (regardless of any suspension of
such imprisonment) at least one year;
(H) an offense described in section 875, 876, 877, or
1202 of title 18, United States Code (relating to the
demand for or receipt of ransom);
(I) an offense described in section 2251, 2251A, or
2252 of title 18, United States Code (relating to child
pornography);
(J) an offense described in section 1962 of title 18,
United States Code (relating to racketeer influenced
corrupt organizations), or an offense described in
section 1084 (if it is a second or subsequent offense)
or 1955 of that title (relating to gambling offenses),
for which a sentence of one year imprisonment or more
may be imposed;
(K) an offense that--
(i) relates to the owning, controlling,
managing, or supervising of a prostitution
business;
(ii) is described in section 2421, 2422, or
2423 of title 18, United States Code (relating
to transportation for the purpose of
prostitution) if committed for commercial
advantage; or
(iii) is described in any of sections 1581-
1585 or 1588-1591 of title 18, United States
Code (relating to peonage, slavery, involuntary
servitude, and trafficking in persons);
(L) an offense described in--
(i) section 793 (relating to gathering or
transmitting national defense information), 798
(relating to disclosure of classified
information), 2153 (relating to sabotage) or
2381 or 2382 (relating to treason) of title 18,
United States Code;
(ii) section 601 of the National Security Act
of 1947 (50 U.S.C. 421) (relating to protecting
the identity of undercover intelligence
agents); or
(iii) section 601 of the National Security
Act of 1947 (relating to protecting the
identity of undercover agents);
(M) an offense that--
(i) involves fraud or deceit in which the
loss to the victim or victims exceeds $10,000;
or
(ii) is described in section 7201 of the
Internal Revenue Code of 1986 (relating to tax
evasion) in which the revenue loss to the
Government exceeds $10,000;
(N) an offense described in paragraph (1)(A) or (2)
of section 274(a) (relating to alien smuggling), except
in the case of a first offense for which the alien has
affirmatively shown that the alien committed the
offense for the purpose of assisting, abetting, or
aiding only the alien's spouse, child, or parent (and
no other individual) to violate a provision of this Act
(O) an offense described in section 275(a) or 276
committed by an alien who was previously deported on
the basis of a conviction for an offense described in
another subparagraph of this paragraph;
(P) an offense (i) which either is falsely making,
forging, counterfeiting, mutilating, or altering a
passport or instrument in violation of section 1543 of
title 18, United States Code, or is described in
section 1546(a) of such title (relating to document
fraud) and (ii) for which the term of imprisonment
imposed (regardless of any suspension of such
imprisonment) is at least 12 months, except in the case
of a first offense for which the alien has
affirmatively shown that the alien committed the
offense for the purpose of assisting, abetting, or
aiding only the alien's spouse, child, or parent (and
no other individual) to violate a provision of this
Act;
(Q) an offense relating to a failure to appear by a
defendant for service of sentence if the underlying
offense is punishable by imprisonment for a term of 5
years or more;
(R) an offense relating to commercial bribery,
counterfeiting, forgery, or trafficking in vehicles the
identification numbers of which have been altered for
which the term of imprisonment is at least one year;
(S) an offense relating to obstruction of justice,
perjury or subornation of perjury, or bribery of a
witness, for which the term of imprisonment is at least
one year;
(T) an offense relating to a failure to appear before
a court pursuant to a court order to answer to or
dispose of a charge of a felony for which a sentence of
2 years' imprisonment or more may be imposed; and
(U) an attempt or conspiracy to commit an offense
described in this paragraph.
The term applies to an offense described in this paragraph
whether in violation of Federal or State law and applies to
such an offense in violation of the law of a foreign country
for which the term of imprisonment was completed within the
previous 15 years. Notwithstanding any other provision of law
(including any effective date), the term applies regardless of
whether the conviction was entered before, on, or after the
date of enactment of this paragraph.
(44)(A) The term ``managerial capacity'' means an assignment
within an organization in which the employee primarily--
(i) manages the organization, or a department,
subdivision, function, or component of the
organization;
(ii) supervises and controls the work of other
supervisory, professional, or managerial employees, or
manages an essential function within the organization,
or a department or subdivision of the organization;
(iii) if another employee or other employees are
directly supervised, has the authority to hire and fire
or recommend those as well as other personnel actions
(such as promotion and leave authorization) or, if no
other employee is directly supervised, functions at a
senior level within the organizational hierarchy or
with respect to the function managed; and
(iv) exercises discretion over the day-to-day
operations of the activity or function for which the
employee has authority.
A first-line supervisor is not considered to be acting in a
managerial capacity merely by virtue of the supervisor's
supervisory duties unless the employees supervised are
professional.
(B) The term ``executive capacity'' means an assignment
within an organization in which the employee primarily--
(i) directs the management of the organization or a
major component or function of the organization;
(ii) establishes the goals and policies of the
organization, component, or function;
(iii) exercises wide latitude in discretionary
decision-making; and
(iv) receives only general supervision or direction
from higher level executives, the board of directors,
or stockholders of the organization.
(C) If staffing levels are used as a factor in determining
whether an individual is acting in a managerial or executive
capacity, the Attorney General shall take into account the
reasonable needs of the organization, component, or function in
light of the overall purpose and stage of development of the
organization, component, or function. An individual shall not
be considered to be acting in a managerial or executive
capacity (as previously defined) merely on the basis of the
number of employees that the individual supervises or has
supervised or directs or has directed.
(45) The term ``substantial'' means, for purposes of
paragraph (15)(E) with reference to trade or capital, such an
amount of trade or capital as is established by the Secretary
of State, after consultation with appropriate agencies of
Government.
(46) The term ``extraordinary ability'' means, for purposes
of section 101(a)(15)(O)(i), in the case of the arts,
distinction.
(47)(A) The term ``order of deportation'' means the order of
the special inquiry officer, or other such administrative
officer to whom the Attorney General has delegated the
responsibility for determining whether an alien is deportable,
concluding that the alien is deportable or ordering
deportation.
(B) The order described under subparagraph (A) shall become
final upon the earlier of--
(i) a determination by the Board of Immigration
Appeals affirming such order; or
(ii) the expiration of the period in which the alien
is permitted to seek review of such order by the Board
of Immigration Appeals.
(48)(A) The term ``conviction'' means, with respect to an
alien, a formal judgment of guilt of the alien entered by a
court or, if adjudication of guilt has been withheld, where--
(i) a judge or jury has found the alien guilty or the
alien has entered a plea of guilty or nolo contendere
or has admitted sufficient facts to warrant a finding
of guilt, and
(ii) the judge has ordered some form of punishment,
penalty, or restraint on the alien's liberty to be
imposed.
(B) Any reference to a term of imprisonment or a sentence
with respect to an offense is deemed to include the period of
incarceration or confinement ordered by a court of law
regardless of any suspension of the imposition or execution of
that imprisonment or sentence in whole or in part.
(49) The term ``stowaway'' means any alien who obtains
transportation without the consent of the owner, charterer,
master or person in command of any vessel or aircraft through
concealment aboard such vessel or aircraft. A passenger who
boards with a valid ticket is not to be considered a stowaway.
(50) The term ``intended spouse'' means any alien who meets
the criteria set forth in section
204(a)(1)(A)(iii)(II)(aa)(BB), 204(a)(1)(B)(ii)(II)(aa)(BB), or
240A(b)(2)(A)(i)(III).
(51) The term ``VAWA self-petitioner'' means an
alien, or a child of the alien, who qualifies for
relief under--
(A) clause (iii), (iv), or (vii) of section
204(a)(1)(A);
(B) clause (ii) or (iii) of section
204(a)(1)(B);
(C) section 216(c)(4)(C);
(D) the first section of Public Law 89-732 (8
U.S.C. 1255 note) (commonly known as the Cuban
Adjustment Act) as a child or spouse who has
been battered or subjected to extreme cruelty;
(E) section 902(d)(1)(B) of the Haitian
Refugee Immigration Fairness Act of 1998 (8
U.S.C. 1255 note);
(F) section 202(d)(1) of the Nicaraguan
Adjustment and Central American Relief Act; or
(G) section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208).
(52) The term ``accredited language training program'' means
a language training program that is accredited by an
accrediting agency recognized by the Secretary of Education.
(b) As used in titles I and II--
(1) The term ``child'' means an unmarried person under
twenty-one years of age who is--
(A) a child born in wedlock;
(B) a stepchild, whether or not born out of wedlock,
provided the child had not reached the age of eighteen
years at the time the marriage creating the status of
stepchild occurred;
(C) a child legitimated under the law of the child's
residence or domicile, or under the law of the father's
residence or domicile, whether in or outside the United
States, if such legitimation takes place before the
child reaches the age of eighteen years and the child
is in the legal custody of the legitimating parent or
parents at the time of such legitimation;
(D) a child born out of wedlock, by, through whom, or
on whose behalf a status, privilege, or benefit is
sought by virtue of the relationship of the child to
its natural mother or to its natural father if the
father has or had a bona fide parent-child relationship
with the person;
(E)(i) a child adopted while under the age of sixteen
years if the child has been in the legal custody of,
and has resided with, the adopting parent or parents
for at least two years or if the child has been
battered or subject to extreme cruelty by the adopting
parent or by a family member of the adopting parent
residing in the same household: Provided, That no
natural parent of any such adopted child shall
thereafter, by virtue of such parentage, be accorded
any right, privilege, or status under this Act; or
(ii) subject to the same proviso as in clause (i), a
child who: (I) is a natural sibling of a child
described in clause (i) or subparagraph (F)(i); (II)
was adopted by the adoptive parent or parents of the
sibling described in such clause or subparagraph; and
(III) is otherwise described in clause (i), except that
the child was adopted while under the age of 18 years;
or
(F)(i) a child, under the age of sixteen at the time
a petition is filed in his behalf to accord a
classification as an immediate relative under section
201(b), who is an orphan because of the death or
disappearance of, abandonment or desertion by, or
separation or loss from, both parents, or for whom the
sole or surviving parent is incapable of providing the
proper care and has in writing irrevocably released the
child for emigration and adoption; who has been adopted
abroad by a United States citizen and spouse jointly,
or by an unmarried United States citizen who is at
least 25 years of age, at least 1 of whom personally
saw and observed the child before or during the
adoption proceedings; or who is coming to the United
States for adoption by a United States citizen and
spouse jointly, or by an unmarried United States
citizen at least twenty-five years of age, who have or
has complied with the preadoption requirements, if any,
of the child's proposed residence: Provided, That the
Attorney General is satisfied that proper care will be
furnished the child if admitted to the United States:
Provided further, That no natural parent or prior
adoptive parent of any such child shall thereafter, by
virtue of such parentage, be accorded any right,
privilege, or status under this Act; or
(ii) subject to the same provisos as in clause (i), a
child who: (I) is a natural sibling of a child
described in clause (i) or subparagraph (E)(i); (II)
has been adopted abroad, or is coming to the United
States for adoption, by the adoptive parent (or
prospective adoptive parent) or parents of the sibling
described in such clause or subparagraph; and (III) is
otherwise described in clause (i), except that the
child is under the age of 18 at the time a petition is
filed in his or her behalf to accord a classification
as an immediate relative under section 201(b).
(G)(i) a child, younger than 16 years of age at the
time a petition is filed on the child's behalf to
accord a classification as an immediate relative under
section 201(b), who has been adopted in a foreign state
that is a party to the Convention on Protection of
Children and Co-operation in Respect of Intercountry
Adoption, done at The Hague on May 29, 1993, or who is
emigrating from such a foreign state to be adopted in
the United States by a United States citizen and spouse
jointly or by an unmarried United States citizen who is
at least 25 years of age, Provided, That--
(I) the Secretary of Homeland
Security is satisfied that proper care
will be furnished the child if admitted
to the United States;
(II) the child's natural parents (or
parent, in the case of a child who has
one sole or surviving parent because of
the death or disappearance of,
abandonment or desertion by, the other
parent), or other persons or
institutions that retain legal custody
of the child, have freely given their
written irrevocable consent to the
termination of their legal relationship
with the child, and to the child's
emigration and adoption;
(III) in the case of a child having
two living natural parents, the natural
parents are incapable of providing
proper care for the child;
(IV) the Secretary of Homeland
Security is satisfied that the purpose
of the adoption is to form a bona fide
parent-child relationship, and the
parent-child relationship of the child
and the natural parents has been
terminated (and in carrying out both
obligations under this subclause the
Secretary of Homeland Security may
consider whether there is a petition
pending to confer immigrant status on
one or both of such natural parents);
and
(V) in the case of a child who has
not been adopted--
(aa) the competent authority
of the foreign state has
approved the child's emigration
to the United States for the
purpose of adoption by the
prospective adoptive parent or
parents; and
(bb) the prospective adoptive
parent or parents has or have
complied with any pre-adoption
requirements of the child's
proposed residence; and
(ii) except that no natural parent or prior
adoptive parent of any such child shall
thereafter, by virtue of such parentage, be
accorded any right, privilege, or status under
this chapter; or
(iii) subject to the same provisos as in
clauses (i) and (ii), a child who--
(I) is a natural sibling of a child
described in clause (i), subparagraph
(E)(i), or subparagraph (F)(i);
(II) was adopted abroad, or is coming
to the United States for adoption, by
the adoptive parent (or prospective
adoptive parent) or parents of the
sibling described in clause (i),
subparagraph (E)(i), or subparagraph
(F)(i); and
(III) is otherwise described in
clause (i), except that the child is
younger than 18 years of age at the
time a petition is filed on his or her
behalf for classification as an
immediate relative under section
201(b).
(2) The term ``parent'', ``father'', or ``mother'' means a
parent, father, or mother only where the relationship exists by
reason of any of the circumstances set forth in (1) above,
except that, for purposes of paragraph (1)(F) (other than the
second proviso therein) in the case of a child born out of
wedlock described in paragraph (1)(D) (and not described in
paragraph (1)(C)), the term ``parent'' does not include the
natural father or the child if the father has disappeared or
abandoned or deserted the child or if the father has in writing
irrevocably released the child for emigration and adoption.
(3) The term ``person'' means an individual or an
organization.
(4) The term ``immigration judge'' means an attorney whom the
Attorney General appoints as an administrative judge within the
Executive Office for Immigration Review, qualified to conduct
specified classes of proceedings, including a hearing under
section 240. An immigration judge shall be subject to such
supervision and shall perform such duties as the Attorney
General shall prescribe, but shall not be employed by the
Immigration and Naturalization Service.
(5) The term ``adjacent islands'' includes Saint Pierre,
Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the
Bahamas, Barbados, Jamaica, the Windward and Leeward Islands,
Trinidad, Martinique, and other British, French, and
Netherlands territory or possessions in or bordering on the
Caribbean Sea.
(c) As used in title III--
(1) The term ``child'' means an unmarried person under
twenty-one years of age and includes a child legitimated under
the law of the child's residence or domicile, or under the law
of the father's residence or domicile, whether in the United
States or elsewhere, and, except as otherwise provided in
sections 320 and 321 of title III, a child adopted in the
United States, if such legitimation or adoption takes place
before the child reaches the age of 16 years (except to the
extent that the child is described in subparagraph (E)(ii) or
(F)(ii) of subsection (b)(1)), and the child is in the legal
custody of the legitimating or adopting parent or parents at
the time of such legitimation or adoption.
(2) The terms ``parent'', ``father'', and ``mother'' include
in the case of a posthumous child a deceased parent, father,
and mother.
(e) For the purpose of this Act--
(1) The giving, loaning, or promising of support or of money
or any other thing of value to be used for advocating any
doctrine shall constitute the advocating of such doctrine; but
nothing in this paragraph shall be construed as an exclusive
definition of advocating.
(2) The giving, loaning, or promising of support or of money
or any other thing of value for any purpose to any organization
shall be presumed to constitute affiliation therewith; but
nothing in this paragraph shall be construed as an exclusive
definition of affiliation.
(3) Advocating the economic, international, and governmental
doctrines of world communism means advocating the establishment
of a totalitarian Communist dictatorship in any or all of the
countries of the world through the medium of an internationally
coordinated Communist movement.
(f) For the purposes of this Act--
No person shall be regarded as, or found to be, a person of
good moral character who, during the period for which good
moral character is required to be established, is, or was--
(1) a habitual drunkard;
(3) a member of one or more of the classes of
persons, whether inadmissible or not, described in
paragraphs (2)(D), (6)(E), and (10)(A) of section
212(a) of this Act; or subparagraphs (A) and (B) of
section 212(a)(2) and subparagraph (C) thereof of such
section (except as such paragraph relates to a single
offense of simple possession of 30 grams or less of
marihuana); if the offense described therein, for which
such person was convicted or of which he admits the
commission, was committed during such period;
(4) one whose income is derived principally from
illegal gambling activities;
(5) one who has been convicted of two or more
gambling offenses committed during such period;
(6) one who has given false testimony for the purpose
of obtaining any benefits under this Act;
(7) one who during such period has been confined, as
a result of conviction, to a penal institution for an
aggregate period of one hundred and eighty days or
more, regardless of whether the offense, or offenses,
for which he has been confined were committed within or
without such period;
(8) one who at any time has been convicted of an
aggravated felony (as defined in subsection (a)(43));
or
(9) one who at any time has engaged in conduct
described in section 212(a)(3)(E) (relating to
assistance in Nazi persecution, participation in
genocide, or commission of acts of torture or
extrajudicial killings) or 212(a)(2)(G) (relating to
severe violations of religious freedom).
The fact that any person is not within any of the foregoing
classes shall not preclude a finding that for other reasons
such person is or was not of good moral character. In the case
of an alien who makes a false statement or claim of
citizenship, or who registers to vote or votes in a Federal,
State, or local election (including an initiative, recall, or
referendum) in violation of a lawful restriction of such
registration or voting to citizens, if each natural parent of
the alien (or, in the case of an adopted alien, each adoptive
parent of the alien) is or was a citizen (whether by birth or
naturalization), the alien permanently resided in the United
States prior to attaining the age of 16, and the alien
reasonably believed at the time of such statement, claim, or
violation that he or she was a citizen, no finding that the
alien is, or was, not of good moral character may be made based
on it.
(g) For the purposes of this Act any alien ordered deported
or removed (whether before or after the enactment of this Act)
who has left the United States, shall be considered to have
been deported or removed in pursuance of law, irrespective of
the source from which the expenses of his transportation were
defrayed or of the place to which he departed.
(h) For purposes of section 212(a)(2)(E), the term ``serious
criminal offense'' means--
(1) any felony;
(2) any crime of violence, as defined in section 16
of title 18 of the United States Code; or
(3) any crime of reckless driving or of driving while
intoxicated or under the influence of alcohol or of
prohibited substances if such crime involves personal
injury to another.
(i) With respect to each nonimmigrant alien described in
subsection (a)(15)(T)(i)--
(1) the Secretary of Homeland Security, the Attorney
General, and other Government officials, where
appropriate, shall provide the alien with a referral to
a nongovernmental organization that would advise the
alien regarding the alien's options while in the United
States and the resources available to the alien; and
(2) the Secretary of Homeland Security shall, during
the period the alien is in lawful temporary resident
status under that subsection, grant the alien
authorization to engage in employment in the United
States and provide the alien with an ``employment
authorized'' endorsement or other appropriate work
permit.
* * * * * * *
TITLE II--IMMIGRATION
* * * * * * *
Chapter 2--Qualifications for Admission of Aliens; Travel Control of
Citizens and Aliens
* * * * * * *
admission of nonimmigrants
Sec. 214. (a)(1) The admission to the United States of any
alien as a nonimmigrant shall be for such time and under such
conditions as the Attorney General may by regulations
prescribe, including when he deems necessary the giving of a
bond with sufficient surety in such sum and containing such
conditions as the Attorney General shall prescribe, to insure
that at the expiration of such time or upon failure to maintain
the status under which he was admitted, or to maintain any
status subsequently acquired under section 248, such alien will
depart from the United States. No alien admitted to Guam or the
Commonwealth of the Northern Mariana Islands without a visa
pursuant to section 212(l) may be authorized to enter or stay
in the United States other than in Guam or the Commonwealth of
the Northern Mariana Islands or to remain in Guam or the
Commonwealth of the Northern Mariana Islands for a period
exceeding 45 days from date of admission to Guam or the
Commonwealth of the Northern Mariana Islands. No alien admitted
to the United States without a visa pursuant to section 217 may
be authorized to remain in the United States as a nonimmigrant
visitor for a period exceeding 90 days from the date of
admission.
(2)(A) The period of authorized status as a nonimmigrant
described in section 101(a)(15)(O) shall be for such period as
the Attorney General may specify in order to provide for the
event (or events) for which the nonimmigrant is admitted.
(B) The period of authorized status as a nonimmigrant
described in section 101(a)(15)(P) shall be for such period as
the Attorney General may specify in order to provide for the
competition, event, or performance for which the nonimmigrant
is admitted. In the case of nonimmigrants admitted as
individual athletes under section 101(a)(15)(P), the period of
authorized status may be for an initial period (not to exceed 5
years) during which the nonimmigrant will perform as an athlete
and such period may be extended by the Attorney General for an
additional period of up to 5 years.
(b) Every alien (other than a nonimmigrant described in
subparagraph (L) or (V) of section 101(a)(15), and other than a
nonimmigrant described in any provision of section
101(a)(15)(H)(i) except subclause (b1) of such section) shall
be presumed to be an immigrant until he establishes to the
satisfaction of the consular officer, at the time of
application for a visa, and the immigration officers, at the
time of application for admission, that he is entitled to a
nonimmigrant status under section 101(a)(15). An alien who is
an officer or employee of any foreign government or of any
international organization entitled to enjoy privileges,
exemptions, and immunities under the International
Organizations Immunities Act, or an alien who is the attendant,
servant, employee, or member of the immediate family of any
such alien shall not be entitled to apply for or receive an
immigrant visa, or to enter the United States as an immigrant
unless he executes a written waiver in the same form and
substance as is prescribed by section 247(b).
(c)(1) The question of importing any alien as a nonimmigrant
under subparagraph (H), (L), (O), or (P)(i) of section
101(a)(15) (excluding nonimmigrants under section
101(a)(15)(H)(i)(b1)) in any specific case or specific cases
shall be determined by the Attorney General, after consultation
with appropriate agencies of the Government, upon petition of
the importing employer. Such petition shall be made and
approved before the visa is granted. The petition shall be in
such form and contain such information as the Attorney General
shall prescribe. The approval of such a petition shall not, of
itself, be construed as establishing that the alien is a
nonimmigrant. For purposes of this subsection with respect to
nonimmigrants described in section 101(a)(15)(H)(ii)(a), the
term ``appropriate agencies of Government'' means the
Department of Labor and includes the Department of Agriculture.
The provisions of section 218 shall apply to the question of
importing any alien as a nonimmigrant under section
101(a)(15)(H)(ii)(a).
(2)(A) The Attorney General shall provide for a procedure
under which an importing employer which meets requirements
established by the Attorney General may file a blanket petition
to import aliens as nonimmigrants described in section
101(a)(15)(L) instead of filing individual petitions under
paragraph (1) to import such aliens. Such procedure shall
permit the expedited processing of visas for admission of
aliens covered under such a petition.
(B) For purposes of section 101(a)(15)(L), an alien is
considered to be serving in a capacity involving specialized
knowledge with respect to a company if the alien has a special
knowledge of the company product and its application in
international markets or has an advanced level of knowledge of
processes and procedures of the company.
(C) The Attorney General shall provide a process for
reviewing and acting upon petitions under this subsection with
respect to nonimmigrants described in section 101(a)(15)(L)
within 30 days after the date a completed petition has been
filed.
(D) The period of authorized admission for--
(i) a nonimmigrant admitted to render services in a
managerial or executive capacity under section
101(a)(15)(L) shall not exceed 7 years, or
(ii) a nonimmigrant admitted to render services in a
capacity that involves specialized knowledge under
section 101(a)(15)(L) shall not exceed 5 years.
(E) In the case of an alien spouse admitted under section
101(a)(15)(L), who is accompanying or following to join a
principal alien admitted under such section, the Attorney
General shall authorize the alien spouse to engage in
employment in the United States and provide the spouse with an
``employment authorized'' endorsement or other appropriate work
permit.
(F) An alien who will serve in a capacity involving
specialized knowledge with respect to an employer for purposes
of section 101(a)(15)(L) and will be stationed primarily at the
worksite of an employer other than the petitioning employer or
its affiliate, subsidiary, or parent shall not be eligible for
classification under section 101(a)(15)(L) if--
(i) the alien will be controlled and supervised
principally by such unaffiliated employer; or
(ii) the placement of the alien at the worksite of
the unaffiliated employer is essentially an arrangement
to provide labor for hire for the unaffiliated
employer, rather than a placement in connection with
the provision of a product or service for which
specialized knowledge specific to the petitioning
employer is necessary.
(3) The Attorney General shall approve a petition--
(A) with respect to a nonimmigrant described in
section 101(a)(15)(O)(i) only after consultation in
accordance with paragraph (6) or, with respect to
aliens seeking entry for a motion picture or television
production, after consultation with the appropriate
union representing the alien's occupational peers and a
management organization in the area of the alien's
ability, or
(B) with respect to a nonimmigrant described in
section 101(a)(15)(O)(ii) after consultation in
accordance with paragraph (6) or, in the case of such
an alien seeking entry for a motion picture or
television production, after consultation with such a
labor organization and a management organization in the
area of the alien's ability.
In the case of an alien seeking entry for a motion picture or
television production, (i) any opinion under the previous
sentence shall only be advisory, (ii) any such opinion that
recommends denial must be in writing, (iii) in making the
decision the Attorney General shall consider the exigencies and
scheduling of the production, and (iv) the Attorney General
shall append to the decision any such opinion. The Attorney
General shall provide by regulation for the waiver of the
consultation requirement under subparagraph (A) in the case of
aliens who have been admitted as nonimmigrants under section
101(a)(15)(O)(i) because of extraordinary ability in the arts
and who seek readmission to perform similar services within 2
years after the date of a consultation under such subparagraph.
Not later than 5 days after the date such a waiver is provided,
the Attorney General shall forward a copy of the petition and
all supporting documentation to the national office of an
appropriate labor organization.
(4)(A) For purposes of section 101(a)(15)(P)(i)(a), an alien
is described in this subparagraph if the alien--
(i)(I) performs as an athlete, individually or as
part of a group or team, at an internationally
recognized level of performance;
(II) is a professional athlete, as defined in section
204(i)(2);
(III) performs as an athlete, or as a coach, as part
of a team or franchise that is located in the United
States and a member of a foreign league or association
of 15 or more amateur sports teams, if--
(aa) the foreign league or association is the
highest level of amateur performance of that
sport in the relevant foreign country;
(bb) participation in such league or
association renders players ineligible, whether
on a temporary or permanent basis, to earn a
scholarship in, or participate in, that sport
at a college or university in the United States
under the rules of the National Collegiate
Athletic Association; and
(cc) a significant number of the individuals
who play in such league or association are
drafted by a major sports league or a minor
league affiliate of such a sports league; or
(IV) is a professional athlete or amateur athlete who
performs individually or as part of a group in a
theatrical ice skating production; and
(ii) seeks to enter the United States temporarily and
solely for the purpose of performing--
(I) as such an athlete with respect to a
specific athletic competition; or
(II) in the case of an individual described
in clause (i)(IV), in a specific theatrical ice
skating production or tour.
(B)(i) For purposes of section 101(a)(15)(P)(i)(b), an alien
is described in this subparagraph if the alien--
(I) performs with or is an integral and essential
part of the performance of an entertainment group that
has (except as provided in clause (ii)) been recognized
internationally as being outstanding in the discipline
for a sustained and substantial period of time,
(II) in the case of a performer or entertainer,
except as provided in clause (iii), has had a sustained
and substantial relationship with that group
(ordinarily for at least one year) and provides
functions integral to the performance of the group, and
(III) seeks to enter the United States temporarily
and solely for the purpose of performing as such a
performer or entertainer or as an integral and
essential part of a performance.
(ii) In the case of an entertainment group that is recognized
nationally as being outstanding in its discipline for a
sustained and substantial period of time, the Attorney General
may, in consideration of special circumstances, waive the
international recognition requirement of clause (i)(I).
(iii)(I) The one-year relationship requirement of clause
(i)(II) shall not apply to 25 percent of the performers and
entertainers in a group.
(II) The Attorney General may waive such one-year
relationship requirement for an alien who because of illness or
unanticipated and exigent circumstances replaces an essential
member of the group and for an alien who augments the group by
performing a critical role.
(iv) The requirements of subclauses (I) and (II) of clause
(i) shall not apply to alien circus personnel who perform as
part of a circus or circus group or who constitute an integral
and essential part of the performance of such circus or circus
group, but only if such personnel are entering the United
States to join a circus that has been recognized nationally as
outstanding for a sustained and substantial period of time or
as part of such a circus.
(C) A person may petition the Attorney General for
classification of an alien as a nonimmigrant under section
101(a)(15)(P).
(D) The Attorney General shall approve petitions under this
subsection with respect to nonimmigrants described in clause
(i) or (iii) of section 101(a)(15)(P) only after consultation
in accordance with paragraph (6).
(E) The Attorney General shall approve petitions under this
subsection for nonimmigrants described in section
101(a)(15)(P)(ii) only after consultation with labor
organizations representing artists and entertainers in the
United States.
(F)(i) No nonimmigrant visa under section 101(a)(15)(P)(i)(a)
shall be issued to any alien who is a national of a country
that is a state sponsor of international terrorism unless the
Secretary of State determines, in consultation with the
Secretary of Homeland Security and the heads of other
appropriate United States agencies, that such alien does not
pose a threat to the safety, national security, or national
interest of the United States. In making a determination under
this subparagraph, the Secretary of State shall apply standards
developed by the Secretary of State, in consultation with the
Secretary of Homeland Security and the heads of other
appropriate United States agencies, that are applicable to the
nationals of such states.
(ii) In this subparagraph, the term ``state sponsor of
international terrorism'' means any country the government of
which has been determined by the Secretary of State under any
of the laws specified in clause (iii) to have repeatedly
provided support for acts of international terrorism.
(iii) The laws specified in this clause are the following:
(I) Section 6(j)(1)(A) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or
successor statute).
(II) Section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)).
(III) Section 620A(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371(a)).
(G) The Secretary of Homeland Security shall permit a
petition under this subsection to seek classification of more
than 1 alien as a nonimmigrant under section
101(a)(15)(P)(i)(a).
(H) The Secretary of Homeland Security shall permit an
athlete, or the employer of an athlete, to seek admission to
the United States for such athlete under a provision of this
Act other than section 101(a)(15)(P)(i) if the athlete is
eligible under such other provision.
(I) The following shall apply to the admission of any alien
under section 101(a)(15)(P)(iv):
(i) The mobile entertainment provider shall be
subject to the same program requirements that govern
the admission of non-immigrants pursuant to section
101(a)(15)(H)(ii)(b) of the Immigration and Nationality
Act (8 U.S.C. 1101(a) (15)(H)(ii)(b)) as promulgated by
the Department of Labor in section 655 of title 20 of
the Code of Federal Regulations.
(ii) For purposes of section 101(a)(15)(P)(iv),
functions that are integral and essential to the
operation of a mobile entertainment provider include
transporting, assembly, operation, disassembly, and
maintenance of mobile entertainment attractions,
structures, and equipment, including rides, games,
novelties, and food or beverage concessions, as well as
other functions that are common in the mobile
entertainment industry and are necessary for the safe
and efficient operation of the mobile entertainment
provider.
(iii) For purposes of this subparagraph, the term
``mobile entertainment provider'' means--
(I) a carnival or circus that travels around
the United States on a temporary or seasonal
basis; or
(II) a provider of services normally
affiliated with a carnival or circus, such as
food and game concessions, that travels around
the United States on a seasonal or temporary
basis to provide services to State, county, and
local fairs and festivals, or support events
sponsored by not-for-profit organizations for
fundraising.
(5)(A) In the case of an alien who is provided nonimmigrant
status under section 101(a)(15)(H)(i)(b) or
101(a)(15)(H)(ii)(b) and who is dismissed from employment by
the employer before the end of the period of authorized
admission, the employer shall be liable for the reasonable
costs of return transportation of the alien abroad.
(B) In the case of an alien who is admitted to the United
States in nonimmigrant status under section 101(a)(15)(O) or
101(a)(15)(P) and whose employment terminates for reasons other
than voluntary resignation, the employer whose offer of
employment formed the basis of such nonimmigrant status and the
petitioner are jointly and severally liable for the reasonable
cost of return transportation of the alien abroad. The
petitioner shall provide assurance satisfactory to the Attorney
General that the reasonable cost of that transportation will be
provided.
(6)(A)(i) To meet the consultation requirement of paragraph
(3)(A) in the case of a petition for a nonimmigrant described
in section 101(a)(15)(O)(i) (other than with respect to aliens
seeking entry for a motion picture or television production),
the petitioner shall submit with the petition an advisory
opinion from a peer group (or other person or persons of its
choosing, which may include a labor organization) with
expertise in the specific field involved.
(ii) To meet the consultation requirement of paragraph (3)(B)
in the case of a petition for a nonimmigrant described in
section 101(a)(15)(O)(ii) (other than with respect to aliens
seeking entry for a motion picture or television production),
the petitioner shall submit with the petition an advisory
opinion from a labor organization with expertise in the skill
area involved.
(iii) To meet the consultation requirement of paragraph
(4)(D) in the case of a petition for a nonimmigrant described
in section 101(a)(15)(P)(i) or 101(a)(15)(P)(iii), the
petitioner shall submit with the petition an advisory opinion
from a labor organization with expertise in the specific field
of athletics or entertainment involved.
(B) To meet the consultation requirements of subparagraph
(A), unless the petitioner submits with the petition an
advisory opinion from an appropriate labor organization, the
Attorney General shall forward a copy of the petition and all
supporting documentation to the national office of an
appropriate labor organization within 5 days of the date of
receipt of the petition. If there is a collective bargaining
representative of an employer's employees in the occupational
classification for which the alien is being sought, that
representative shall be the appropriate labor organization.
(C) In those cases in which a petitioner described in
subparagraph (A) establishes that an appropriate peer group
(including a labor organization) does not exist, the Attorney
General shall adjudicate the petition without requiring an
advisory opinion.
(D) Any person or organization receiving a copy of a petition
described in subparagraph (A) and supporting documents shall
have no more than 15 days following the date of receipt of such
documents within which to submit a written advisory opinion or
comment or to provide a letter of no objection. Once the 15-day
period has expired and the petitioner has had an opportunity,
where appropriate, to supply rebuttal evidence, the Attorney
General shall adjudicate such petition in no more than 14 days.
The Attorney General may shorten any specified time period for
emergency reasons if no unreasonable burden would be thus
imposed on any participant in the process.
(E)(i) The Attorney General shall establish by regulation
expedited consultation procedures in the case of nonimmigrant
artists or entertainers described in section 101(a)(15)(O) or
101(a)(15)(P) to accommodate the exigencies and scheduling of a
given production or event.
(ii) The Attorney General shall establish by regulation
expedited consultation procedures in the case of nonimmigrant
athletes described in section 101(a)(15)(O)(i) or
101(a)(15)(P)(i) in the case of emergency circumstances
(including trades during a season).
(F) No consultation required under this subsection by the
Attorney General with a nongovernmental entity shall be
construed as permitting the Attorney General to delegate any
authority under this subsection to such an entity. The Attorney
General shall give such weight to advisory opinions provided
under this section as the Attorney General determines, in his
sole discretion, to be appropriate.
(7) If a petition is filed and denied under this subsection,
the Attorney General shall notify the petitioner of the
determination and the reasons for the denial and of the process
by which the petitioner may appeal the determination.
(8) The Attorney General shall submit annually to the
Committees on the Judiciary of the House of Representatives and
of the Senate a report describing, with respect to petitions
under each subcategory of subparagraphs (H), (O), (P), and (Q)
of section 101(a)(15) the following:
(A) The number of such petitions which have been
filed.
(B) The number of such petitions which have been
approved and the number of workers (by occupation)
included in such approved petitions.
(C) The number of such petitions which have been
denied and the number of workers (by occupation)
requested in such denied petitions.
(D) The number of such petitions which have been
withdrawn.
(E) The number of such petitions which are awaiting
final action.
(9)(A) The Attorney General shall impose a fee on an employer
(excluding any employer that is a primary or secondary
education institution, an institution of higher education, as
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a), a nonprofit entity related to or affiliated
with any such institution, a nonprofit entity which engages in
established curriculum-related clinical training of students
registered at any such institution, a nonprofit research
organization, or a governmental research organization) filing
before a petition under paragraph (1)--
(i) initially to grant an alien nonimmigrant status
described in section 101(a)(15)(H)(i)(b);
(ii) to extend the stay of an alien having such
status (unless the employer previously has obtained an
extension for such alien); or
(iii) to obtain authorization for an alien having
such status to change employers.
(B) The amount of the fee shall be $1,500 for each such
petition except that the fee shall be half the amount for each
such petition by any employer with not more than 25 full-time
equivalent employees who are employed in the United States
(determined by including any affiliate or subsidiary of such
employer).
(C) Fees collected under this paragraph shall be deposited in
the Treasury in accordance with section 286(s).
(10) An amended H-1B petition shall not be required
where the petitioning employer is involved in a
corporate restructuring, including but not limited to a
merger, acquisition, or consolidation, where a new
corporate entity succeeds to the interests and
obligations of the original petitioning employer and
where the terms and conditions of employment remain the
same but for the identity of the petitioner.
(11)(A) Subject to subparagraph (B), the Secretary of
Homeland Security or the Secretary of State, as appropriate,
shall impose a fee on an employer who has filed an attestation
described in section 212(t)--
(i) in order that an alien may be initially granted
nonimmigrant status described in section
101(a)(15)(H)(i)(b1); or
(ii) in order to satisfy the requirement of the
second sentence of subsection (g)(8)(C) for an alien
having such status to obtain certain extensions of
stay.
(B) The amount of the fee shall be the same as the amount
imposed by the Secretary of Homeland Security under paragraph
(9), except that if such paragraph does not authorize such
Secretary to impose any fee, no fee shall be imposed under this
paragraph.
(C) Fees collected under this paragraph shall be deposited in
the Treasury in accordance with section 286(s).
(12)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention
and detection fee on an employer filing a petition under
paragraph (1)--
(i) initially to grant an alien nonimmigrant status
described in subparagraph (H)(i)(b) or (L) of section
101(a)(15); or
(ii) to obtain authorization for an alien having such
status to change employers.
(B) In addition to any other fees authorized by law, the
Secretary of State shall impose a fraud prevention and
detection fee on an alien filing an application abroad for a
visa authorizing admission to the United States as a
nonimmigrant described in section 101(a)(15)(L), if the alien
is covered under a blanket petition described in paragraph
(2)(A).
(C) The amount of the fee imposed under subparagraph (A) or
(B) shall be $500.
(D) The fee imposed under subparagraph (A) or (B) shall only
apply to principal aliens and not to the spouses or children
who are accompanying or following to join such principal
aliens.
(E) Fees collected under this paragraph shall be deposited in
the Treasury in accordance with section 286(v).
(13)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention
and detection fee on an employer filing a petition under
paragraph (1) for nonimmigrant workers described in section
101(a)(15)(H)(ii)(b).
(B) The amount of the fee imposed under subparagraph (A)
shall be $150.
(14)(A) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a substantial failure
to meet any of the conditions of the petition to admit or
otherwise provide status to a nonimmigrant worker under section
101(a)(15)(H)(ii)(b) or a willful misrepresentation of a
material fact in such petition--
(i) the Secretary of Homeland Security may, in
addition to any other remedy authorized by law, impose
such administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per
violation) as the Secretary of Homeland Security
determines to be appropriate; and
(ii) the Secretary of Homeland Security may deny
petitions filed with respect to that employer under
section 204 or paragraph (1) of this subsection during
a period of at least 1 year but not more than 5 years
for aliens to be employed by the employer.
(B) The Secretary of Homeland Security may delegate to the
Secretary of Labor, with the agreement of the Secretary of
Labor, any of the authority given to the Secretary of Homeland
Security under subparagraph (A)(i).
(C) In determining the level of penalties to be assessed
under subparagraph (A), the highest penalties shall be reserved
for willful failures to meet any of the conditions of the
petition that involve harm to United States workers.
(D) In this paragraph, the term ``substantial failure'' means
the willful failure to comply with the requirements of this
section that constitutes a significant deviation from the terms
and conditions of a petition.
(d)(1) A visa shall not be issued under the provisions of
section 101(a)(15)(K)(i) until the consular officer has
received a petition filed in the United States by the fiancee
or fiance of the applying alien and approved by the Secretary
of Homeland Security. The petition shall be in such form and
contain such information as the Secretary of Homeland Security
shall, by regulation, prescribe. Such information shall include
information on any criminal convictions of the petitioner for
any specified crime described in paragraph (3)(B) and
information on any permanent protection or restraining order
issued against the petitioner related to any specified crime
described in paragraph (3)(B)(i). It shall be approved only
after satisfactory evidence is submitted by the petitioner to
establish that the parties have previously met in person within
2 years before the date of filing the petition, have a bona
fide intention to marry, and are legally able and actually
willing to conclude a valid marriage in the United States
within a period of ninety days after the alien's arrival,
except that the Secretary of Homeland Security in his
discretion may waive the requirement that the parties have
previously met in person. In the event the marriage with the
petitioner does not occur within three months after the
admission of the said alien and minor children, they shall be
required to depart from the United States and upon failure to
do so shall be removed in accordance with sections 240 and 241.
(2)(A) Subject to subparagraphs (B) and (C), the Secretary of
Homeland Security may not approve a petition under paragraph
(1) unless the Secretary has verified that--
(i) the petitioner has not, previous to the pending
petition, petitioned under paragraph (1) with respect
to two or more applying aliens; and
(ii) if the petitioner has had such a petition
previously approved, 2 years have elapsed since the
filing of such previously approved petition.
(B) The Secretary of Homeland Security may, in the
Secretary's discretion, waive the limitations in subparagraph
(A) if justification exists for such a waiver. Except in
extraordinary circumstances and subject to subparagraph (C),
such a waiver shall not be granted if the petitioner has a
record of violent criminal offenses against a person or
persons.
(C)(i) The Secretary of Homeland Security is not limited by
the criminal court record and shall grant a waiver of the
condition described in the second sentence of subparagraph (B)
in the case of a petitioner described in clause (ii).
(ii) A petitioner described in this clause is a petitioner
who has been battered or subjected to extreme cruelty and who
is or was not the primary perpetrator of violence in the
relationship upon a determination that--
(I) the petitioner was acting in self-defense;
(II) the petitioner was found to have violated a
protection order intended to protect the petitioner; or
(III) the petitioner committed, was arrested for, was
convicted of, or pled guilty to committing a crime that
did not result in serious bodily injury and where there
was a connection between the crime and the petitioner's
having been battered or subjected to extreme cruelty.
(iii) In acting on applications under this subparagraph, the
Secretary of Homeland Security shall consider any credible
evidence relevant to the application. The determination of what
evidence is credible and the weight to be given that evidence
shall be within the sole discretion of the Secretary.
(3) In this subsection:
(A) The terms ``domestic violence'', ``sexual
assault'', ``child abuse and neglect'', ``dating
violence'', ``elder abuse'', and ``stalking'' have the
meaning given such terms in section 3 of the Violence
Against Women and Department of Justice Reauthorization
Act of 2005.
(B) The term ``specified crime'' means the following:
(i) Domestic violence, sexual assault, child
abuse and neglect, dating violence, elder
abuse, stalking, or an attempt to commit any
such crime.
(ii) Homicide, murder, manslaughter, rape,
abusive sexual contact, sexual exploitation,
incest, torture, trafficking, peonage, holding
hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal
restraint, false imprisonment, or an attempt to
commit any of the crimes described in this
clause.
(iii) At least three convictions for crimes
relating to a controlled substance or alcohol
not arising from a single act.
(e)
(1) An alien who is a citizen of Canada or Mexico, and the
spouse and children of any such alien if accompanying or
following to join such alien, who seeks to enter the United
States under and pursuant to the provisions of Section D of
Annex 16-A of the USMCA (as defined in section 3 of the United
States-Mexico-Canada Agreement Implementation Act) to engage in
business activities at a professional level as provided for in
such Annex, may be admitted for such purpose under regulations
of the Attorney General promulgated after consultation with the
Secretaries of State and Labor. For purposes of this Act,
including the issuance of entry documents and the application
of subsection (b), such alien shall be treated as if seeking
classification, or classifiable, as a nonimmigrant under
section 101(a)(15). For purposes of this paragraph, the term
``citizen of Mexico'' means ``citizen'' as defined in article
16.1 of the USMCA.
(2) In the case of an alien spouse admitted under section
101(a)(15)(E), who is accompanying or following to join a
principal alien admitted under such section, the Attorney
General shall authorize the alien spouse to engage in
employment in the United States and provide the spouse with an
``employment authorized'' endorsement or other appropriate work
permit.
(f)(1) Except as provided in paragraph (3), no alien shall be
entitled to nonimmigrant status described in section
101(a)(15)(D) if the alien intends to land for the purpose of
performing service on board a vessel of the United States (as
defined in section 2101(46) of title 46, United States Code) or
on an aircraft of an air carrier (as defined in section
40102(a)(2) of title 49, United States Code) during a labor
dispute where there is a strike or lockout in the bargaining
unit of the employer in which the alien intends to perform such
service.
(2) An alien described in paragraph (1)--
(A) may not be paroled into the United States
pursuant to section 212(d)(5) unless the Attorney
General determines that the parole of such alien is
necessary to protect the national security of the
United States; and
(B) shall be considered not to be a bona fide crewman
for purposes of section 252(b).
(3) Paragraph (1) shall not apply to an alien if the air
carrier or owner or operator of such vessel that employs the
alien provides documentation that satisfies the Attorney
General that the alien--
(A) has been an employee of such employer for a
period of not less than 1 year preceding the date that
a strike or lawful lockout commenced;
(B) has served as a qualified crewman for such
employer at least once in each of 3 months during the
12-month period preceding such date; and
(C) shall continue to provide the same services that
such alien provided as such a crewman.
(g)(1) The total number of aliens who may be issued visas or
otherwise provided nonimmigrant status during any fiscal year
(beginning with fiscal year 1992)--
(A) under section 101(a)(15)(H)(i)(b), may not
exceed--
(i) 65,000 in each fiscal year before fiscal
year 1999;
(ii) 115,000 in fiscal year 1999;
(iii) 115,000 in fiscal year 2000;
(iv) 195,000 in fiscal year 2001;
(v) 195,000 in fiscal year 2002;
(vi) 195,000 in fiscal year 2003; and
(vii) 65,000 in each succeeding fiscal year;
or
(B) under section 101(a)(15)(H)(ii)(b) may not exceed
66,000.
(2) The numerical limitations of paragraph (1) shall only
apply to principal aliens and not to the spouses or children of
such aliens.
(3) Aliens who are subject to the numerical limitations of
paragraph (1) shall be issued visas (or otherwise provided
nonimmigrant status) in the order in which petitions are filed
for such visas or status. If an alien who was issued a visa or
otherwise provided nonimmigrant status and counted against the
numerical limitations of paragraph (1) is found to have been
issued such visa or otherwise provided such status by fraud or
willfully misrepresenting a material fact and such visa or
nonimmigrant status is revoked, then one number shall be
restored to the total number of aliens who may be issued visas
or otherwise provided such status under the numerical
limitations of paragraph (1) in the fiscal year in which the
petition is revoked, regardless of the fiscal year in which the
petition was approved.
(4) In the case of a nonimmigrant described in section
101(a)(15)(H)(i)(b), the period of authorized admission as such
a nonimmigrant may not exceed 6 years.
(5) The numerical limitations contained in paragraph (1)(A)
shall not apply to any nonimmigrant alien issued a visa or
otherwise provided status under section 101(a)(15)(H)(i)(b)
who--
(A) is employed (or has received an offer of
employment) at an institution of higher education (as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a))), or a related or
affiliated nonprofit entity;
(B) is employed (or has received an offer of
employment) at a nonprofit research organization or a
governmental research organization; or
(C) has earned a master's or higher degree from a
United States institution of higher education (as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a)), until the number of aliens
who are exempted from such numerical limitation during
such year exceeds 20,000.
(6) Any alien who ceases to be employed by an employer
described in paragraph (5)(A) shall, if employed as a
nonimmigrant alien described in section 101(a)(15)(H)(i)(b),
who has not previously been counted toward the numerical
limitations contained in paragraph (1)(A), be counted toward
those limitations the first time the alien is employed by an
employer other than one described in paragraph (5).
(7) Any alien who has already been counted, within the 6
years prior to the approval of a petition described in
subsection (c), toward the numerical limitations of paragraph
(1)(A) shall not again be counted toward those limitations
unless the alien would be eligible for a full 6 years of
authorized admission at the time the petition is filed. Where
multiple petitions are approved for 1 alien, that alien shall
be counted only once.
(8)(A) The agreements referred to in section
101(a)(15)(H)(i)(b1) are--
(i) the United States-Chile Free Trade Agreement; and
(ii) the United States-Singapore Free Trade
Agreement.
(B)(i) The Secretary of Homeland Security shall establish
annual numerical limitations on approvals of initial
applications by aliens for admission under section
101(a)(15)(H)(i)(b1).
(ii) The annual numerical limitations described in clause (i)
shall not exceed--
(I) 1,400 for nationals of Chile (as defined in
article 14.9 of the United States-Chile Free Trade
Agreement) for any fiscal year; and
(II) 5,400 for nationals of Singapore (as defined in
Annex 1A of the United States-Singapore Free Trade
Agreement) for any fiscal year.
(iii) The annual numerical limitations described in clause
(i) shall only apply to principal aliens and not to the spouses
or children of such aliens.
(iv) The annual numerical limitation described in paragraph
(1)(A) is reduced by the amount of the annual numerical
limitations established under clause (i). However, if a
numerical limitation established under clause (i) has not been
exhausted at the end of a given fiscal year, the Secretary of
Homeland Security shall adjust upwards the numerical limitation
in paragraph (1)(A) for that fiscal year by the amount
remaining in the numerical limitation under clause (i). Visas
under section 101(a)(15)(H)(i)(b) may be issued pursuant to
such adjustment within the first 45 days of the next fiscal
year to aliens who had applied for such visas during the fiscal
year for which the adjustment was made.
(C) The period of authorized admission as a nonimmigrant
under section 101(a)(15)(H)(i)(b1) shall be 1 year, and may be
extended, but only in 1-year increments. After every second
extension, the next following extension shall not be granted
unless the Secretary of Labor had determined and certified to
the Secretary of Homeland Security and the Secretary of State
that the intending employer has filed with the Secretary of
Labor an attestation under section 212(t)(1) for the purpose of
permitting the nonimmigrant to obtain such extension.
(D) The numerical limitation described in paragraph (1)(A)
for a fiscal year shall be reduced by one for each alien
granted an extension under subparagraph (C) during such year
who has obtained 5 or more consecutive prior extensions.
(9)(A) Subject to subparagraphs (B) and (C), an alien who has
already been counted toward the numerical limitation of
paragraph (1)(B) during fiscal year 2013, 2014, or 2015 shall
not again be counted toward such limitation during fiscal year
2016. Such an alien shall be considered a returning worker.
(B) A petition to admit or otherwise provide status under
section 101(a)(15)(H)(ii)(b) shall include, with respect to a
returning worker--
(i) all information and evidence that the Secretary
of Homeland Security determines is required to support
a petition for status under section
101(a)(15)(H)(ii)(b);
(ii) the full name of the alien; and
(iii) a certification to the Department of Homeland
Security that the alien is a returning worker.
(C) An H-2B visa or grant of nonimmigrant status for a
returning worker shall be approved only if the alien is
confirmed to be a returning worker by--
(i) the Department of State; or
(ii) if the alien is visa exempt or seeking to change
to status under section 101 (a)(15)(H)(ii)(b), the
Department of Homeland Security.
(10) The numerical limitations of paragraph (1)(B) shall be
allocated for a fiscal year so that the total number of aliens
subject to such numerical limits who enter the United States
pursuant to a visa or are accorded nonimmigrant status under
section 101(a)(15)(H)(ii)(b) during the first 6 months of such
fiscal year is not more than 33,000.
(11)(A) The Secretary of State may not approve a number of
initial applications submitted for aliens described in section
101(a)(15)(E)(iii) that is more than the applicable numerical
limitation set out in this paragraph.
(B) The applicable numerical limitation referred to in
subparagraph (A) is 10,500 for each fiscal year.
(C) The applicable numerical limitation referred to in
subparagraph (A) shall only apply to principal aliens and not
to the spouses or children of such aliens.
(h) The fact that an alien is the beneficiary of an
application for a preference status filed under section 204 or
has otherwise sought permanent residence in the United States
shall not constitute evidence of an intention to abandon a
foreign residence for purposes of obtaining a visa as a
nonimmigrant described in subparagraph (H)(i)(b) or (c), (L),
or (V) of section 101(a)(15) or otherwise obtaining or
maintaining the status of a nonimmigrant described in such
subparagraph, if the alien had obtained a change of status
under section 248 to a classification as such a nonimmigrant
before the alien's most recent departure from the United
States.
(i)(1) Except as provided in paragraph (3), for purposes of
section 101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and
paragraph (2), the term ``specialty occupation'' means an
occupation that requires--
(A) theoretical and practical application of a body
of highly specialized knowledge, and
(B) attainment of a bachelor's or higher degree in
the specific specialty (or its equivalent) as a minimum
for entry into the occupation in the United States.
(2) For purposes of section 101(a)(15)(H)(i)(b), the
requirements of this paragraph, with respect to a specialty
occupation, are--
(A) full state licensure to practice in the
occupation, if such licensure is required to practice
in the occupation,
(B) completion of the degree described in paragraph
(1)(B) for the occupation, or
(C)(i) experience in the specialty equivalent to the
completion of such degree, and (ii) recognition of
expertise in the specialty through progressively
responsible positions relating to the specialty.
(3) For purposes of section 101(a)(15)(H)(i)(b1), the term
``specialty occupation'' means an occupation that requires--
(A) theoretical and practical application of a body
of specialized knowledge; and
(B) attainment of a bachelor's or higher degree in
the specific specialty (or its equivalent) as a minimum
for entry into the occupation in the United States.
(j)
(1) Notwithstanding any other provision of this Act,
an alien who is a citizen of Canada or Mexico who seeks
to enter the United States under and pursuant to the
provisions of Section B, Section C, or Section D of
Annex 16-A of the USMCA (as defined in section 3 of the
United States-Mexico-Canada Agreement Implementation
Act), shall not be classified as a nonimmigrant under
such provisions if there is in progress a strike or
lockout in the course of a labor dispute in the
occupational classification at the place or intended
place of employment, unless such alien establishes,
pursuant to regulations promulgated by the Attorney
General, that the alien's entry will not affect
adversely the settlement of the strike or lockout or
the employment of any person who is involved in the
strike or lockout. Notice of a determination under this
paragraph shall be given as may be required by
paragraph 3 of article 16.4 of the USMCA. For purposes
of this paragraph, the term ``citizen of Mexico'' means
``citizen'' as defined in article 16.1 of the USMCA.
(2) Notwithstanding any other provision of this Act except
section 212(t)(1), and subject to regulations promulgated by
the Secretary of Homeland Security, an alien who seeks to enter
the United States under and pursuant to the provisions of an
agreement listed in subsection (g)(8)(A), and the spouse and
children of such an alien if accompanying or following to join
the alien, may be denied admission as a nonimmigrant under
subparagraph (E), (L), or (H)(i)(b1) of section 101(a)(15) if
there is in progress a labor dispute in the occupational
classification at the place or intended place of employment,
unless such alien establishes, pursuant to regulations
promulgated by the Secretary of Homeland Security after
consultation with the Secretary of Labor, that the alien's
entry will not affect adversely the settlement of the labor
dispute or the employment of any person who is involved in the
labor dispute. Notice of a determination under this paragraph
shall be given as may be required by such agreement.
(k)(1) The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year
may not exceed 200. The number of aliens who may be provided a
visa as nonimmigrants under section 101(a)(15)(S)(ii) in any
fiscal year may not exceed 50.
(2) The period of admission of an alien as such a
nonimmigrant may not exceed 3 years. Such period may not be
extended by the Attorney General.
(3) As a condition for the admission, and continued stay in
lawful status, of such a nonimmigrant, the nonimmigrant--
(A) shall report not less often than quarterly to the
Attorney General such information concerning the
alien's whereabouts and activities as the Attorney
General may require;
(B) may not be convicted of any criminal offense
punishable by a term of imprisonment of 1 year or more
after the date of such admission;
(C) must have executed a form that waives the
nonimmigrant's right to contest, other than on the
basis of an application for withholding of removal, any
action for removal of the alien instituted before the
alien obtains lawful permanent resident status; and
(D) shall abide by any other condition, limitation,
or restriction imposed by the Attorney General.
(4) The Attorney General shall submit a report annually to
the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate concerning--
(A) the number of such nonimmigrants admitted;
(B) the number of successful criminal prosecutions or
investigations resulting from cooperation of such
aliens;
(C) the number of terrorist acts prevented or
frustrated resulting from cooperation of such aliens;
(D) the number of such nonimmigrants whose admission
or cooperation has not resulted in successful criminal
prosecution or investigation or the prevention or
frustration of a terrorist act; and
(E) the number of such nonimmigrants who have failed
to report quarterly (as required under paragraph (3))
or who have been convicted of crimes in the United
States after the date of their admission as such a
nonimmigrant.
(l)(1) In the case of a request by an interested State
agency, or by an interested Federal agency, for a waiver of the
2-year foreign residence requirement under section 212(e) on
behalf of an alien described in clause (iii) of such section,
the Attorney General shall not grant such waiver unless--
(A) in the case of an alien who is otherwise
contractually obligated to return to a foreign country,
the government of such country furnishes the Director
of the United States Information Agency with a
statement in writing that it has no objection to such
waiver;
(B) in the case of a request by an interested State
agency, the grant of such waiver would not cause the
number of waivers allotted for that State for that
fiscal year to exceed 30;
(C) in the case of a request by an interested Federal
agency or by an interested State agency--
(i) the alien demonstrates a bona fide offer
of full-time employment at a health facility or
health care organization, which employment has
been determined by the Attorney General to be
in the public interest; and
(ii) the alien agrees to begin employment
with the health facility or health care
organization within 90 days of receiving such
waiver, and agrees to continue to work for a
total of not less than 3 years (unless the
Attorney General determines that extenuating
circumstances exist, such as closure of the
facility or hardship to the alien, which would
justify a lesser period of employment at such
health facility or health care organization, in
which case the alien must demonstrate another
bona fide offer of employment at a health
facility or health care organization for the
remainder of such 3-year period); and
(D) in the case of a request by an interested Federal
agency (other than a request by an interested Federal
agency to employ the alien full-time in medical
research or training) or by an interested State agency,
the alien agrees to practice primary care or specialty
medicine in accordance with paragraph (2) for a total
of not less than 3 years only in the geographic area or
areas which are designated by the Secretary of Health
and Human Services as having a shortage of health care
professionals, except that--
(i) in the case of a request by the
Department of Veterans Affairs, the alien shall
not be required to practice medicine in a
geographic area designated by the Secretary;
(ii) in the case of a request by an
interested State agency, the head of such State
agency determines that the alien is to practice
medicine under such agreement in a facility
that serves patients who reside in one or more
geographic areas so designated by the Secretary
of Health and Human Services (without regard to
whether such facility is located within such a
designated geographic area), and the grant of
such waiver would not cause the number of the
waivers granted on behalf of aliens for such
State for a fiscal year (within the limitation
in subparagraph (B)) in accordance with the
conditions of this clause to exceed 10; and
(iii) in the case of a request by an
interested Federal agency or by an interested
State agency for a waiver for an alien who
agrees to practice specialty medicine in a
facility located in a geographic area so
designated by the Secretary of Health and Human
Services, the request shall demonstrate, based
on criteria established by such agency, that
there is a shortage of health care
professionals able to provide services in the
appropriate medical specialty to the patients
who will be served by the alien.
(2)(A) Notwithstanding section 248(a)(2), the
Attorney General may change the status of an alien who
qualifies under this subsection and section 212(e) to
that of an alien described in section
101(a)(15)(H)(i)(b). The numerical limitations
contained in subsection (g)(1)(A) shall not apply to
any alien whose status is changed under the preceding
sentence, if the alien obtained a waiver of the 2-year
foreign residence requirement upon a request by an
interested Federal agency or an interested State
agency.
(B) No person who has obtained a change of status
under subparagraph (A) and who has failed to fulfill
the terms of the contract with the health facility or
health care organization named in the waiver
application shall be eligible to apply for an immigrant
visa, for permanent residence, or for any other change
of nonimmigrant status, until it is established that
such person has resided and been physically present in
the country of his nationality or his last residence
for an aggregate of at least 2 years following
departure from the United States.
(3) Notwithstanding any other provision of this
subsection, the 2-year foreign residence requirement
under section 212(e) shall apply with respect to an
alien described in clause (iii) of such section, who
has not otherwise been accorded status under section
101(a)(27)(H), if--
(A) at any time the alien ceases to comply
with any agreement entered into under
subparagraph (C) or (D) of paragraph (1); or
(B) the alien's employment ceases to benefit
the public interest at any time during the 3-
year period described in paragraph (1)(C).
(m)(1) An alien may not be accorded status as a nonimmigrant
under clause (i) or (iii) of section 101(a)(15)(F) in order to
pursue a course of study--
(A) at a public elementary school or in a publicly
funded adult education program; or
(B) at a public secondary school unless--
(i) the aggregate period of such status at
such a school does not exceed 12 months with
respect to any alien, and (ii) the alien
demonstrates that the alien has reimbursed the
local educational agency that administers the
school for the full, unsubsidized per capita
cost of providing education at such school for
the period of the alien's attendance.
(2) An alien who obtains the status of a nonimmigrant under
clause (i) or (iii) of section 101(a)(15)(F) in order to pursue
a course of study at a private elementary or secondary school
or in a language training program that is not publicly funded
shall be considered to have violated such status, and the
alien's visa under section 101(a)(15)(F) shall be void, if the
alien terminates or abandons such course of study at such a
school and undertakes a course of study at a public elementary
school, in a publicly funded adult education program, in a
publicly funded adult education language training program, or
at a public secondary school (unless the requirements of
paragraph (1)(B) are met).
(n)(1) A nonimmigrant alien described in paragraph (2) who
was previously issued a visa or otherwise provided nonimmigrant
status under section 101(a)(15)(H)(i)(b) is authorized to
accept new employment upon the filing by the prospective
employer of a new petition on behalf of such nonimmigrant as
provided under subsection (a). Employment authorization shall
continue for such alien until the new petition is adjudicated.
If the new petition is denied, such authorization shall cease.
(2) A nonimmigrant alien described in this paragraph is a
nonimmigrant alien--
(A) who has been lawfully admitted into the United
States;
(B) on whose behalf an employer has filed a
nonfrivolous petition for new employment before the
date of expiration of the period of stay authorized by
the Attorney General; and
(C) who, subsequent to such lawful admission, has not
been employed without authorization in the United
States before the filing of such petition.
(o)(1) No alien shall be eligible for admission to the United
States under section 101(a)(15)(T) if there is substantial
reason to believe that the alien has committed an act of a
severe form of trafficking in persons (as defined in section
103 of the Trafficking Victims Protection Act of 2000).
(2) The total number of aliens who may be issued visas or
otherwise provided nonimmigrant status during any fiscal year
under section 101(a)(15)(T) may not exceed 5,000.
(3) The numerical limitation of paragraph (2) shall only
apply to principal aliens and not to the spouses, sons,
daughters, siblings, or parents of such aliens.
(4) An unmarried alien who seeks to accompany, or follow to
join, a parent granted status under section 101(a)(15)(T)(i),
and who was under 21 years of age on the date on which such
parent applied for such status, shall continue to be classified
as a child for purposes of section 101(a)(15)(T)(ii), if the
alien attains 21 years of age after such parent's application
was filed but while it was pending.
(5) An alien described in clause (i) of section 101(a)(15)(T)
shall continue to be treated as an alien described in clause
(ii)(I) of such section if the alien attains 21 years of age
after the alien's application for status under such clause (i)
is filed but while it is pending.
(6) In making a determination under section
101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements
from State and local law enforcement officials that the alien
has complied with any reasonable request for assistance in the
investigation or prosecution of crimes such as kidnapping,
rape, slavery, or other forced labor offenses, where severe
forms of trafficking in persons (as defined in section 103 of
the Trafficking Victims Protection Act of 2000) appear to have
been involved, shall be considered.
(7)(A) Except as provided in subparagraph (B), an alien who
is issued a visa or otherwise provided nonimmigrant status
under section 101(a)(15)(T) may be granted such status for a
period of not more than 4 years.
(B) An alien who is issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(T) may extend the
period of such status beyond the period described in
subparagraph (A) if--
(i) a Federal, State, or local law enforcement
official, prosecutor, judge, or other authority
investigating or prosecuting activity relating to human
trafficking or certifies that the presence of the alien
in the United States is necessary to assist in the
investigation or prosecution of such activity;
(ii) the alien is eligible for relief under section
245(l) and is unable to obtain such relief because
regulations have not been issued to implement such
section; or
(iii) the Secretary of Homeland Security determines
that an extension of the period of such nonimmigrant
status is warranted due to exceptional circumstances.
(C) Nonimmigrant status under section 101(a)(15)(T) shall be
extended during the pendency of an application for adjustment
of status under section 245(l).
(p) Requirements Applicable to Section 101(a)(15)(U) Visas.--
(1) Petitioning procedures for section 101(a)(15)(u)
visas.--The petition filed by an alien under section
101(a)(15)(U)(i) shall contain a certification from a
Federal, State, or local law enforcement official,
prosecutor, judge, or other Federal, State, or local
authority investigating criminal activity described in
section 101(a)(15)(U)(iii). This certification may also
be provided by an official of the Service whose ability
to provide such certification is not limited to
information concerning immigration violations. This
certification shall state that the alien ``has been
helpful, is being helpful, or is likely to be helpful''
in the investigation or prosecution of criminal
activity described in section 101(a)(15)(U)(iii).
(2) Numerical limitations.--
(A) The number of aliens who may be issued
visas or otherwise provided status as
nonimmigrants under section 101(a)(15)(U) in
any fiscal year shall not exceed 10,000.
(B) The numerical limitations in subparagraph
(A) shall only apply to principal aliens
described in section 101(a)(15)(U)(i), and not
to spouses, children, or, in the case of alien
children, the alien parents of such children.
(3) Duties of the attorney general with respect to
``u'' visa nonimmigrants.--With respect to nonimmigrant
aliens described in subsection (a)(15)(U)--
(A) the Attorney General and other government
officials, where appropriate, shall provide
those aliens with referrals to nongovernmental
organizations to advise the aliens regarding
their options while in the United States and
the resources available to them; and
(B) the Attorney General shall, during the
period those aliens are in lawful temporary
resident status under that subsection, provide
the aliens with employment authorization.
(4) Credible evidence considered.--In acting on any
petition filed under this subsection, the consular
officer or the Attorney General, as appropriate, shall
consider any credible evidence relevant to the
petition.
(5) Nonexclusive relief.--Nothing in this subsection
limits the ability of aliens who qualify for status
under section 101(a)(15)(U) to seek any other
immigration benefit or status for which the alien may
be eligible.
(6) Duration of status.--The authorized period of
status of an alien as a nonimmigrant under section
101(a)(15)(U) shall be for a period of not more than 4
years, but shall be extended upon certification from a
Federal, State, or local law enforcement official,
prosecutor, judge, or other Federal, State, or local
authority investigating or prosecuting criminal
activity described in section 101(a)(15)(U)(iii) that
the alien's presence in the United States is required
to assist in the investigation or prosecution of such
criminal activity. The Secretary of Homeland Security
may extend, beyond the 4-year period authorized under
this section, the authorized period of status of an
alien as a nonimmigrant under section 101(a)(15)(U) if
the Secretary determines that an extension of such
period is warranted due to exceptional circumstances.
Such alien's nonimmigrant status shall be extended
beyond the 4-year period authorized under this section
if the alien is eligible for relief under section
245(m) and is unable to obtain such relief because
regulations have not been issued to implement such
section and shall be extended during the pendency of an
application for adjustment of status under section
245(m). The Secretary may grant work authorization to
any alien who has a pending, bona fide application for
nonimmigrant status under section 101(a)(15)(U).
(7) Age determinations.--
(A) Children.--An unmarried alien who seeks
to accompany, or follow to join, a parent
granted status under section 101(a)(15)(U)(i),
and who was under 21 years of age on the date
on which such parent petitioned for such
status, shall continue to be classified as a
child for purposes of section
101(a)(15)(U)(ii), if the alien attains 21
years of age after such parent's petition was
filed but while it was pending.
(B) Principal aliens.--An alien described in
clause (i) of section 101(a)(15)(U) shall
continue to be treated as an alien described in
clause (ii)(I) of such section if the alien
attains 21 years of age after the alien's
application for status under such clause (i) is
filed but while it is pending.
(q)(1) In the case of a nonimmigrant described in section
101(a)(15)(V)--
(A) the Attorney General shall authorize the alien to
engage in employment in the United States during the
period of authorized admission and shall provide the
alien with an ``employment authorized'' endorsement or
other appropriate document signifying authorization of
employment; and
(B) the period of authorized admission as such a
nonimmigrant shall terminate 30 days after the date on
which any of the following is denied:
(i) The petition filed under section 204 to
accord the alien a status under section
203(a)(2)(A) (or, in the case of a child
granted nonimmigrant status based on
eligibility to receive a visa under section
203(d), the petition filed to accord the
child's parent a status under section
203(a)(2)(A)).
(ii) The alien's application for an immigrant
visa pursuant to the approval of such petition.
(iii) The alien's application for adjustment
of status under section 245 pursuant to the
approval of such petition.
(2) In determining whether an alien is eligible to be
admitted to the United States as a nonimmigrant under section
101(a)(15)(V), the grounds for inadmissibility specified in
section 212(a)(9)(B) shall not apply.
(3) The status of an alien physically present in the United
States may be adjusted by the Attorney General, in the
discretion of the Attorney General and under such regulations
as the Attorney General may prescribe, to that of a
nonimmigrant under section 101(a)(15)(V), if the alien--
(A) applies for such adjustment;
(B) satisfies the requirements of such section; and
(C) is eligible to be admitted to the United States,
except in determining such admissibility, the grounds
for inadmissibility specified in paragraphs (6)(A),
(7), and (9)(B) of section 212(a) shall not apply.
(r)(1) A visa shall not be issued under the provisions of
section 101(a)(15)(K)(ii) until the consular officer has
received a petition filed in the United States by the spouse of
the applying alien and approved by the Attorney General. The
petition shall be in such form and contain such information as
the Attorney General shall, by regulation, prescribe. Such
information shall include information on any criminal
convictions of the petitioner for any specified crime described
in paragraph (5)(B) and information on any permanent protection
or restraining order issued against the petitioner related to
any specified crime described in subsection (5)(B)(i).
(2) In the case of an alien seeking admission under section
101(a)(15)(K)(ii) who concluded a marriage with a citizen of
the United States outside the United States, the alien shall be
considered inadmissible under section 212(a)(7)(B) if the alien
is not at the time of application for admission in possession
of a valid nonimmigrant visa issued by a consular officer in
the foreign state in which the marriage was concluded.
(3) In the case of a nonimmigrant described in section
101(a)(15)(K)(ii), and any child of such a nonimmigrant who was
admitted as accompanying, or following to join, such a
nonimmigrant, the period of authorized admission shall
terminate 30 days after the date on which any of the following
is denied:
(A) The petition filed under section 204 to accord
the principal alien status under section
201(b)(2)(A)(i).
(B) The principal alien's application for an
immigrant visa pursuant to the approval of such
petition.
(C) The principal alien's application for adjustment
of status under section 245 pursuant to the approval of
such petition.
(4)(A) The Secretary of Homeland Security shall create a
database for the purpose of tracking multiple visa petitions
filed for fiance(e)s and spouses under clauses (i) and (ii) of
section 101(a)(15)(K). Upon approval of a second visa petition
under section 101(a)(15)(K) for a fiance(e) or spouse filed by
the same United States citizen petitioner, the petitioner shall
be notified by the Secretary that information concerning the
petitioner has been entered into the multiple visa petition
tracking database. All subsequent fiance(e) or spouse
nonimmigrant visa petitions filed by that petitioner under such
section shall be entered in the database.
(B)(i) Once a petitioner has had two fiance(e) or spousal
petitions approved under clause (i) or (ii) of section
101(a)(15)(K), if a subsequent petition is filed under such
section less than 10 years after the date the first visa
petition was filed under such section, the Secretary of
Homeland Security shall notify both the petitioner and
beneficiary of any such subsequent petition about the number of
previously approved fiance(e) or spousal petitions listed in
the database.
(ii) To notify the beneficiary as required by clause (i), the
Secretary of Homeland Security shall provide such notice to the
Secretary of State for inclusion in the mailing to the
beneficiary described in section 833(a)(5)(A)(i) of the
International Marriage Broker Regulation Act of 2005 (8 U.S.C.
1375a(a)(5)(A)(i)).
(5) In this subsection:
(A) The terms ``domestic violence'', ``sexual
assault'', ``child abuse and neglect'', ``dating
violence'', ``elder abuse'', and ``stalking'' have the
meaning given such terms in section 3 of the Violence
Against Women and Department of Justice Reauthorization
Act of 2005.
(B) The term ``specified crime'' means the following:
(i) Domestic violence, sexual assault, child
abuse and neglect, dating violence, elder
abuse, stalking, or an attempt to commit any
such crime.
(ii) Homicide, murder, manslaughter, rape,
abusive sexual contact, sexual exploitation,
incest, torture, trafficking, peonage, holding
hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal
restraint, false imprisonment, or an attempt to
commit any of the crimes described in this
clause.
(iii) At least three convictions for crimes
relating to a controlled substance or alcohol
not arising from a single act.
* * * * * * *
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions proposed in the
accompanying bill which may be considered, under certain
circumstances, to change the application of existing law,
either directly or indirectly.
In some instances, the bill provides funding for agencies
and activities for which legislation has not yet been
finalized. In addition, the bill in some instances carries
language permitting the use of funds for activities not
authorized by law. Additionally, the Committee includes a
number of administrative and general provisions.
TITLE I--DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS,
AND OVERSIGHT
Office of the Secretary and Executive Management
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the
operations and support of the Office of the Secretary and for
the executive management offices, including funds for official
reception and representation expenses. The Committee provides
two-year availability of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three-year availability of funds for these purposes.
Management Directorate
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including funds for official reception
and representation expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three-year and five-year availability of funds for
these purposes.
FEDERAL PROTECTIVE SERVICE
The Committee includes language making funds available
until expended for the operations of the Federal Protective
Service.
Intelligence, Analysis, and Situational Awareness
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the
Office of Intelligence and Analysis and the Office of
Situational Awareness, including funding for facility needs
associated with secure space at fusion centers and for official
reception and representation expenses. The Committee provides
two-year availability of funds for certain activities.
Office of Inspector General
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the
Office of Inspector General, including certain confidential
operational expenses such as the payment of informants.
Administrative Provisions
Language requiring a report on grants or contracts awarded
by means other than full and open competition and requiring the
Inspector General to review such grants or contracts and report
the results to the Committees.
Language requiring the Chief Financial Officer to submit
monthly budget and staffing reports.
Language requiring the Secretary to notify the Committees
of any proposed transfers from the Department of the Treasury
Forfeiture Fund to any DHS component.
Language related to official costs of the Secretary and
Deputy Secretary for official travel.
Language requiring the Under Secretary for Management to
report on certain acquisition programs.
Language regarding pilot and demonstration programs.
Language prohibiting certain collection of intelligence on
U.S. persons.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
OPERATIONS AND SUPPORT
The Committee includes language making funds available for
operations and support, including funds for the transportation
of unaccompanied alien minors; air and marine assistance to
other law enforcement agencies and humanitarian efforts;
purchase or lease of vehicles; the purchase, maintenance, and
procurement of marine vessels, aircraft, and unmanned aircraft
systems; contracting with individuals for personal services
abroad; Harbor Maintenance Fee collections; customs officers;
official reception and representation expenses; Customs User
Fee collections; payment of rental space in connection with
preclearance operations; compensation of informants; and the
repair of roads on Native American reservations. The Committee
provides two-year availability of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements, including
procurement of marine vessels, aircraft, and unmanned aerial
systems. The Committee provides three-year availability of
funds for these activities.
U.S. Immigration and Customs Enforcement
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including funds for overseas vetted
units; the purchase or lease of vehicles; maintenance, minor
construction, and minor improvements of owned and leased
facilities; the enforcement of child labor laws; paid
apprenticeships for the Human Exploitation Rescue Operations
Corps; the investigation of intellectual property rights
violations; official reception and representation expenses
special operations; compensation to informants; and the
reimbursement of other Federal agencies for certain costs. The
Committee specifies a funding level for enforcement and removal
operations, including transportation of unaccompanied minor
aliens; the delegation of 287(g) agreements; and detention
beds. The Committee provides two-year availability and no-year
availability of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, renovation, and improvements to
include funds for facilities repair and maintenance projects.
The Committee provides three-year and five-year availability of
funds for these activities.
Transportation Security Administration
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including funds for official reception
and representation expenses, and establishes conditions under
which security fees are collected and credited. The Committee
provides for two-year availability of funds for certain
activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three-year availability of funds for these activities.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides two-year
availability of funds for these activities.
Coast Guard
OPERATIONS AND SUPPORT
The Committee includes language providing funds for the
operations and support including for the purchase or lease of
passenger motor vehicles; small boats; repairs and service
life-replacements; purchase, lease, or improvement of boats
necessary for overseas deployments and activities; special pay
allowances; recreation and welfare; environmental compliance
and restoration; defense-related activities and official
reception and representation expenses. The Committee includes
language authorizing funds to be derived from the Oil Spill
Liability Trust Fund. The Committee provides two-year, three-
year, and five-year availability of funds for certain
activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for the
procurement, construction, and improvements, including aids to
navigation, shore facilities, vessels, and aircraft. The
Committee includes language authorizing funds to be derived
from the Oil Spill Liability Trust Fund. The Committee provides
five-year availability of funds for these purposes.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development, and for maintenance, rehabilitation,
lease, and operation of related facilities and equipment. The
Committee includes language authorizing funds to be derived
from the Oil Spill Liability Trust Fund, and authorizing funds
received from state and local governments, other public
authorities, private sources, and foreign countries to be
credited to this account and used for certain purposes. The
Committee provides three-year availability of funds for these
purposes.
RETIRED PAY
The Committee includes language providing funds for retired
pay and medical care for the retired personnel and their
dependents and makes these funds available until expended.
United States Secret Service
OPERATIONS AND SUPPORT
The Committee includes language that provides funds for
operations and support, to include funds for the purchase and
replacement of vehicles; hire of passenger motor vehicles and
aircraft; purchase of motorcycles; rental of certain buildings;
improvements to buildings as may be necessary for protective
missions; firearms matches; presentation of awards; behavioral
research; advance payment for commercial accommodations; per
diem and subsistence allowances; official reception and
representation expenses; grant activities related to missing
and exploited children investigations; premium pay; and
technical assistance and equipment provided to foreign law
enforcement organizations. The Committee provides for two-year
availability of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three-year and five-year availability of funds for
these purposes.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides two-year
availability of funds for these purposes.
Administrative Provisions
Language regarding overtime compensation.
Language allowing CBP to sustain or increase operations in
Puerto Rico and the U.S. Virgin Islands with appropriated
funds.
Language regarding the availability of fee revenue
collected from certain arriving passengers.
Language allowing CBP access to certain reimbursements for
preclearance activities.
Language regarding the importation of prescription drugs by
an individual for personal use.
Language regarding waivers of the Jones Act.
Language prohibiting DHS from establishing a border
crossing fee.
Language prohibiting the obligation of funds prior to the
submission of an expenditure plan for funds made available for
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements''.
Language prohibiting the construction of border security
barriers in specified areas.
Language regarding vetting operations at existing
locations.
Language regarding the use of funds provided under the
heading ``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements''.
Language prohibiting the admission of international
students with certain visas if certain institutions are not
accredited.
Language regarding parole of Chinese nationals into the
Commonwealth of the Northern Marianas.
Language regarding certain drones from foreign adversary
countries.
Language prohibiting the use of funds to reduce
participation in the 287(g) program.
Language prohibiting the use of funds for the 287(g)
program if the terms of the agreement governing the delegation
of authority have been materially violated.
Language prohibiting the use of funds to contract for
detention services if the facility receives less than
``adequate'' ratings in two consecutive performance
evaluations.
Language regarding the reprogramming of funds related to
the detention of aliens.
Language requiring ICE to provide statistics about its
detention population.
Language regarding previous reporting requirements.
Language prohibiting the transportation of aliens into the
interior of the United States for purposes other than
enforcement.
Language prohibiting the provision of abortion services,
with limited exceptions, for ICE detainees.
Language prohibiting the provision of gender-affirming care
for ICE detainees.
Language requiring the Secretary to make certain
prioritizations and ensure every alien enrolled in an
Alternatives to Detention program is equipped with mandatory
GPS monitoring.
Language regarding ICE obligation plans.
Language regarding physical identification cards for
aliens.
Language establishing the minimum rate of allowance paid to
certain ICE detainees.
Language regarding inspection parameters of certain ICE
detention facilities.
Language regarding ICE's international presence.
Language clarifying that certain elected and appointed
officials are not exempt from Federal passenger and baggage
screening.
Language authorizing TSA to use funds from the Aviation
Security Capital Fund for the procurement and installation of
explosives detection systems or for other purposes authorized
by law.
Language requiring a report from TSA on the agency's
investment plans.
Language amending Section 515 of Public Law 108-334.
Language prohibiting funds made available under the heading
``Coast Guard--Operations and Support'' for recreational vessel
inspection expenses, except to the extent fees are collected
from owners of yachts and credited to this appropriation.
Language requiring the Coast Guard to submit a future-years
capital investment plan.
Language allowing for the use of the Coast Guard Housing
Fund.
Language prohibiting funds made available to the Coast
Guard from being used to enforce National Oceanic and
Atmospheric Administration restrictions on vessel speed for the
North Atlantic right whale and Rice's whale.
Language allowing the Secret Service to obligate funds in
anticipation of reimbursement for personnel receiving training.
Language prohibiting funds made available to the Secret
Service for the protection of the head of a federal agency
other than the Secretary of Homeland Security, except when the
Director has entered into a reimbursable agreement for such
protection services.
Language permitting up to $15,000,000 to be reprogrammed
within ``United States Secret Service--Operations and
Support''.
Language allowing funds made available for ``United States
Secret Service--Operations and Support'' to be available for
travel of employees on protective missions without regard to
limitations on such expenditures.
Language regarding the treatment of certain individuals in
CBP custody.
Language prohibiting funds from detaining or deporting U.S.
citizens.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including funds for official reception
and representation expenses. The Committee provides for two-
year availability of funds for certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three-year availability of funds for these purposes.
Federal Emergency Management Agency
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including funds for official reception
and representation expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides three- and five-year availability of funds for these
purposes.
FEDERAL ASSISTANCE
The Committee includes language providing funds for grants,
contracts, cooperative agreements, and other activities,
including for terrorism prevention; nonprofit organizations;
public transportation security, including buses and railroads;
port security; firefighter assistance; emergency management;
flood hazard mapping and risk analysis; catastrophic
preparedness, emergency food and shelter; warning systems;
community project grants; education, training, exercises, and
technical assistance; and other programs. The Committee
provides two-year availability of funds for certain purposes.
DISASTER RELIEF FUND
The Committee includes language making funds available
until expended for the Disaster Relief Fund.
NATIONAL FLOOD INSURANCE FUND
The Committee includes language making funds available for
mission support associated with flood management and programs
and activities under the National Flood Insurance Fund,
including flood plain management and flood mapping. The
Committee includes provisions making funds available for
interest on Treasury borrowings and limiting amounts available
for operating expenses, commissions and taxes of agents, and
flood mitigation activities associated with the National Flood
Insurance Act of 1968. The Committee includes language
permitting additional fees collected to be credited as an
offsetting collection and available for floodplain management;
providing that not to exceed four percent of the total
appropriation is available for administrative costs; and making
funds available for the Flood Insurance Advocate.
Administrative Provisions
Language regarding CISA cybersecurity threat feeds.
Language related to the administration of FEMA grants.
Language specifying timeframes for certain FEMA grant
applications and awards.
Language requiring a five-day advance notification prior to
the announcement of certain grant awards under ``Federal
Emergency Management Agency--Federal Assistance''.
Language addressing the use of certain grant funds for the
installation of communications towers.
Language requiring the submission of a monthly Disaster
Relief Fund report.
Language permitting the FEMA Administrator to grant waivers
from specified requirements of section 34 of the Federal Fire
Prevention and Control Act of 1974.
Language providing for the receipt and expenditure of fees
collected for the Radiological Emergency Preparedness Program.
Language permitting the FEMA Administrator to grant waivers
from specified requirements of section 33 of the Federal Fire
Prevention and Control Act of 1974.
Language related to the FEMA Pre-Disaster Mitigation Fund.
Language related to the FEMA Flood Hazard Mapping and Risk
Analysis Program.
Language amending BRIC Program requirements.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
OPERATIONS AND SUPPORT
The Committee includes language making funds available for
operations and support for the E-Verify program.
Federal Law Enforcement Training Centers
OPERATIONS AND SUPPORT
The Committee includes language making funds available for
operations and support, including for official reception and
representation expenses and purchase of police-type vehicles.
The Committee provides two-year availability of funds for
certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements to include
acquisition of necessary additional real property and
facilities, construction and ongoing maintenance, facility
improvements and related expenses. The Committee provides five-
year availability of funds for these activities.
Science and Technology Directorate
OPERATIONS AND SUPPORT
The Committee includes language providing funds for
operations and support, including the purchase or lease of
vehicles and official reception and representation expenses.
The Committee provides two-year availability of funds for
certain activities.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for
procurement, construction, and improvements. The Committee
provides five-year availability of funds for these activities.
RESEARCH AND DEVELOPMENT
The Committee includes language providing funds for
research and development. The Committee provides three-year
availability of funds for these activities.
Administrative Provisions
Language allowing USCIS to acquire, operate, equip, and
dispose of up to five vehicles under certain scenarios.
Language limiting the use of A-76 competitions by USCIS.
Language prohibiting the use of funds to provide employment
authorization documents for certain aliens.
Language related to USCIS official reception and
representation expenses.
Language related to H-1B petitioners from entities
identified under section 1260H of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021.
Language authorizing FLETC to distribute funds for incurred
training expenses.
Language directing the FLETC Accreditation Board to lead
the Federal law enforcement training accreditation process for
measuring and assessing Federal law enforcement training
programs, facilities, and instructors.
Language allowing FLETC to accept transfers from other
government agencies for the construction of special use
facilities.
Language classifying FLETC instructor staff as inherently
governmental for certain purposes.
Language prohibiting the use of funds by USCIS to collect
an Asylum Program Fee.
Language regarding credible fear standards for asylum
claims.
Language related to eligibility for certain asylum claims.
Language regarding H-2B visas.
Language regarding H-2A visas.
Language prohibiting the use of funds for implementation of
a Final Rule related to the H-2 program.
Language regarding certain visas.
TITLE V--GENERAL PROVISIONS
Language limiting the availability of appropriations to one
year unless otherwise expressly provided.
Language providing authority to merge unexpended balances
of prior year appropriations with new appropriations accounts
for the same purpose.
Language limiting reprogramming authority and providing
limited transfer authority.
Language prohibiting funds appropriated or otherwise made
available to the Department to make payment to the working
capital fund, except for activities and amounts proposed in the
President's budget request.
Language providing authority regarding the availability and
uses of prior year balances for Operations and Support
accounts.
Language deeming intelligence activities to be specifically
authorized during the fiscal year until the enactment of an act
authorizing intelligence activities for that year.
Language requiring notification to the Committees at least
three days before DHS announces or executes grant allocations,
grant awards, contract awards (including contracts covered by
the Federal Acquisition Regulation), other transaction
agreements, letters of intent, or a task or delivery order on
multiple award contracts, or sole-source grant awards.
Language prohibiting all agencies from purchasing,
constructing, or leasing additional facilities for Federal law
enforcement training without advance notification to the
Committees.
Language prohibiting the use of funds for any construction,
repair, alteration, or acquisition project for which a
prospectus, if required under chapter 33 of title 40, United
States Code, has not been approved.
Language related to sensitive security information and the
use of funds in conformance with section 303 of the Energy
Policy Act of 1992.
Language prohibiting the use of funds in contravention of
the Buy American Act.
Language prohibiting the use of funds to amend the oath of
allegiance required by section 337 of the Immigration and
Nationality Act.
Language regarding reorganization authority.
Language prohibiting the use of funds for planning,
testing, piloting, or developing a national identification
card.
Language directing that any official required by this Act
to report or certify to the Committees may not delegate such
authority unless expressly authorized to do so.
Language prohibiting the use of funds from being used for
first-class travel.
Language prohibiting the use of funds to employ workers
described in section 274A(h)(3) of the Immigration and
Nationality Act.
Language prohibiting the use of funds to pay award or
incentive fees for contractors with a below satisfactory
performance or a performance that fails to meet the basic
requirements of the contract.
Language requiring that DHS computer systems block
electronic access to pornography, except for law enforcement
purposes.
Language regarding the transfer of firearms by Federal law
enforcement personnel.
Language regarding funding restrictions and reporting
requirements related to conferences occurring outside of the
United States.
Language prohibiting funds to reimburse any federal
department or agency for its participation in a National
Special Security Event.
Language requiring a notification, including justification
materials, prior to implementing any structural pay reform or
introducing any new position classification that affects more
than 100 full-time positions or costs more than $5,000,000.
Language directing the Department to post reports required
by the Committees on a public website unless public posting
compromises homeland or national security or contains
proprietary information.
Language authorizing minor procurement, construction, and
improvement activities using Operations and Support
appropriations, as specified.
Language authorizing DHS to use discretionary
appropriations for the primary and secondary schooling of
eligible dependents of DHS personnel stationed in areas of U.S.
territories that meet certain criteria.
Language prohibiting the use of funds to limit access to
detention facilities by members of Congress or their designated
staff.
Language prohibiting the use of funds to use restraints on
pregnant detainees in DHS custody except in certain
circumstances.
Language prohibiting the use of funds for the destruction
of records related to detainees in custody.
Language continuing by reference a prohibition on the use
of funds for a Principal Federal Official during a declared
disaster or emergency under the Stafford Act, with certain
exceptions.
Language requiring the Under Secretary for Management to
submit a component-level report on unfunded priorities for
which appropriated funds would be classified as budget function
050.
Language requiring notifications when the President
designates a former or retired Federal official or employee for
protection and requiring reporting on the costs of such
protection.
Language requiring notifications and reporting on DHS
submissions of proposals to the Technology Modernization Fund.
Language relating to DHS budget submission requirements
regarding user fees and offsets.
Language relating to the Arms Trade Treaty.
Language prohibiting the use of funds related to certain
entities identified under section 1260H of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021.
Language prohibiting the use of funds for the transfer or
release of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, into or within the United States.
Language requiring the Secretary of Homeland Security on a
bimonthly basis to provide estimates of the number of aliens
anticipated to arrive at the southern border of the United
States.
Language regarding requests for assistance from the
Department of Defense.
Language regarding the employee emergency back-up care
program.
Language regarding transfer authority for certain
activities.
Language prohibiting the use of funds for a Disinformation
Governance Board.
Language prohibiting the use of funds to classify the
speech of a U.S. citizen as mis-, dis-, or mal-information, or
work with organizations to do the same.
Language prohibiting the use of funds to discriminate
against a person based on sincerely-held religious beliefs
regarding marriage.
Language prohibiting the obligation or award of funds to
certain jurisdictions.
Language prohibiting funds to be used to implement
Diversity, Equity, and Inclusion, or to promote critical race
theory.
Language prohibiting the use of funds for the purchase of
computers, printers or teleconferencing equipment from
companies based in the People's Republic of China.
Language related to Presidential Residence Protection
grants.
Language prohibiting the use of funds in contravention of
certain Amendments of the Constitution.
Language regarding the recording of federal law
enforcement.
Language regarding a Spending Reduction Account.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1) of rule XIII of the Rules of the
House of Representatives, the following table lists the
appropriations in the accompanying bill that are not authorized
by law:
FY 2026 SCHEDULE OF UNAUTHORIZED APPROPRIATIONS
[Gross Discretionary--Dollars in thousands]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Last Year of Appropriation in Last Appropriations in
Agency/Program Authorization Authorized Level Year of Authorization this bill
--------------------------------------------------------------------------------------------------------------------------------------------------------
Customs and Border Protection, Operations and Support.......... \1\2004 \2\$3,083,259 \3\$4,396,750 \4\$18,088,596
Customs and Border Protection, International Cargo Screening... \5\2010 $153,300 $162,000 \6\$4,708,268
Customs and Border Protection, Customs-Trade Partnership \7\2010/2012 $75,600/$21,000 \8\$62,612/$44,979 \9\$4,508,543
Against Terrorism (C-TPAT)....................................
Customs and Border Protection, Automated Targeting Systems..... \10\2010 $37,485 $34,560 \11\$315,112
Customs and Border Protection, Automated Commercial Environment \12\2018 $153,736 N/A \13\$498,696
Customs and Border Protection, Air and Marine Interdiction, \14\2004 $175,100 $240,200 \15\$419,289
Operations, Maintenance, and Procurement......................
Immigration and Customs Enforcement, Operations and Support.... \16\2003/\17\2004 $4,131,811/$1,399,592 \18\$3,032,094/\19\N/A \20\$10,967,045
Transportation Security Administration, Operations and Support. \21\2021 $7,917,936 $7,793,715 \22\$7,348,064
Transportation Security Administration, EDS/ETD Systems........ \23\2011 $400,000 $110,100 \24\$258,230
Transportation Security Administration, Surface Transportation \25\2021 Such sums $169,513 $169,001
Security, National Explosives Detection Canine Team Program...
Transportation Security Administration, Transportation Threat \26\2005 Such sums \27\$115,000 \28\$122,205
Assessment and Credentialing..................................
Transportation Security Administration, Federal Air Marshal \29\2007 $83,000 $764,643 \30\$660,340
Service.......................................................
Transportation Security Administration Law Enforcement Officer \31\2021 $55,000 $46,392 \32\$50,000
Reimbursement Program.........................................
Coast Guard, Operations and Support............................ \33\2023 $10,750,000 $9,700,478 $10,802,656
Coast Guard, Procurement, Construction, and Improvements....... \33\2023 $3,477,600 $1,669,650 $1,946,790
Coast Guard, Research and Development.......................... \33\2023 $14,681 $7,476 $7,476
Countering Weapons of Mass Destruction Office.................. \34\2023 N/A $409,441 $0
Cybersecurity and Infrastructure Security Agency, Operations \35\2012 Such sums \36\$888,243 \37\$2,237,159
and Support...................................................
FEMA, Salaries and Expenses.................................... \38\2010 $375,342 $797,650 \39\$1,474,420
FEMA, Integrated Public Alert and Warning System (IPAWS)....... \40\2018 Such sums N/A $70,697
FEMA, State and Local Programs................................. .................. ....................... ....................... .................
Port Security Grants....................................... \41\2013 $400,000 $250,000 $100,000
Non-Profit Security Grants................................. \42\2024 $75,000 \43\$274,500 $335,000
Public Transportation Security Grants...................... \44\2011 $1,108,000 $250,000 $94,500
Amtrak Security........................................ \45\2011 $175,000 $20,000 $9,000
Over the Road Bus Security............................. \46\2011 $25,000 $5,000 $1,000
National Domestic Preparedness Consortium.................. \47\2011 $219,000 N/A $101,000
Center for Domestic Preparedness............................... \46\2011 $66,000 N/A $71,421
FEMA, Urban Search and Rescue Response System.................. \48\2008 $45,000 $36,700 $56,000
FEMA, Emergency Management Performance Grants.................. \49\2022 $950,000 $355,000 $355,000
FEMA, Emergency Food and Shelter............................... \50\1994 $188,000 N/A $105,300
FEMA, National Flood Mapping Program........................... \51\2017 $400,000 \52\$168,363 $312,750
Immigration and Naturalization Service, Citizenship and \53\2002 $631,745 \54\$631,745 \55\$0
Benefits, Immigration Support and Program Direction...........
Federal Law Enforcement Training Center, Salaries and Expenses. \56\1988 $50,000 \57\$40,265 \58\$364,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\P.L. 107-210, Sec. 311.
\2\P.L. 107-210 authorized what was formerly U.S. Customs Service (does not include Border Patrol).
\3\U.S. Customs Service operations only (does not include Border Patrol).
\4\Funding recommended for fiscal year 2026 is for the U.S. Customs and Border Protection, Operations and Support appropriation. This is not a true
comparison to the legacy ``Salaries and Expenses'' appropriation.
\5\P.L. 109-347, Sec. 205(m).
\6\Funding recommended for fiscal year 2026 is for the ``Domestic Operations'' and ``International Operations'' sub-PPAs within the ``Trade and Travel
Operations'' PPA. This is not a true comparison to the legacy ``International Cargo Screening'' PPA.
\7\P.L. 109-347, Sec. 223(a) authorized operations for fiscal year 2010 and personnel through fiscal year 2012.
\8\Funding provided for fiscal year 2010 and for fiscal year 2012 include personnel and operations.
\9\This is not a true comparison to the legacy ``Customs-Trade Partnership Against Terrorism (C-TPAT)'' PPA. These funds have been realigned to the
``Domestic Operations'' sub-PPA within the ``Trade and Travel Operations'' PPA.
\10\P.L. 109-347, Sec. 203(g).
\11\This is not a true comparison to the legacy ``Automated Targeting Systems'' PPA. These funds have been realigned to the ``Targeting Operations'' sub-
PPA within the ``Trade and Travel Operations'' PPA.
\12\P.L. 114-125, Sec. 106 requires that funding shall not be less than this amount.
\13\This is not a true comparison to the legacy ``Automated Commercial Environment'' PPA; however, the preponderance of these funds were realigned into
the ``Office of Trade'' sub-PPA within the ``Trade and Travel Operations'' PPA.
\14\P.L. 107-210, Sec. 311.
\15\These funds have been realigned to the ``Air and Marine Operations'' sub-PPA that exists within the ``Integrated Operations'' PPA.
\16\Immigration and Naturalization Service--some investigations, and detention and removals only, P.L. 107-273, Sec. 102(11).
\17\Customs Service noncommercial operations, P.L. 107-210, Sec. 311(a) (19 U.S.C. 2075(b)(1)).
\18\Includes $2,862,094,000 from fiscal year 2003 Immigration and Naturalization Service--Salaries and Expenses, P.L. 108-7, and $170,000,000 included
in the fiscal year 2003 Wartime Supplemental Appropriations Act, P.L. 108-11.
\19\There was no fiscal year 2004 appropriation for the U.S. Customs Service.
\20\Funding recommended for fiscal year 2026 is for U. S. Immigration and Customs Enforcement, Operations and Support. This is not a true comparison to
the legacy ``Salaries and Expenses'' appropriation.
\21\P.L. 115-254 Sec. 1903 Reauthorized TSA Activities for ``salaries, operations and maintenance'', but did not specifically authorize the current
account structure. construction and improvements.
\22\Recommended funding is the total for TSA ``Operations and Support'' appropriation.
\23\P.L. 108-458, Sec. 4019.
\24\These funds have been realigned to the ``Aviation Screening Infrastructure'' PPA within the ``Procurement, Construction, and Improvements''
appropriation and to the ``Research and Development'' appropriation.
\25\P.L. 115-254, Sec. 1971.
\26\P.L. 107-71, Sec. 101.
\27\Includes the Maritime and Land Security PPA and Credentialing Activities PPA.
\28\Funding recommended for fiscal year 2026 is for the ``Other Operations and Enforcement, Vetting Programs'' and ``Other Operations and Enforcement,
Intelligence and TSOC'' sub-PPAs within the ``Operations and Support'' appropriation, and the ``Infrastructure for Other Operations, Vetting
Programs'' sub-PPA within the Procurement, Construction, and Improvements appropriation.
\29\P.L. 108-458, Sec. 4016.
\30\Funding for the Federal Air Marshals Service is in the ``Other Operations and Enforcement, In-Flight Security'' sub-PPA. The recommended funding
level is for that sub-PPA.
\31\P.L. 115-254, Sec. 1935.
\32\Funding for LEO Reimbursement Program is in the ``Other Operations and Enforcement, Aviation Regulation'' sub-PPA. The recommended funding is for
the non-pay portion of the Law Enforcement and Assessment program.
\33\P.L. 117-263, Sec. 11101.
\34\P.L. 115-387, Sec. 2; 6 U.S.C. 591(e). No specific funding authorization, but the office statutorily terminates on December 21, 2023.
\35\Critical infrastructure protection, cybersecurity, and other related programs, P.L. 110-53, Sec. 541 (note, the ``National Protection and Programs
Directorate'' is now known as the ``Cybersecurity and Infrastructure Security Agency'', as authorized in P.L. 115-278, Sec. 2 (6 U.S.C. 651 et.
seq.)).
\36\Infrastructure Protection and Information Security activities in P.L. 112-74.
\37\Represents funding that would traditionally be categorized as defense that is recommended for the Cybersecurity and Infrastructure Security Agency.
\38\P.L. 109-295, Sec. 699.
\39\Funding recommended for fiscal year 2025 is for Federal Emergency Management Agency, Operations and Support. This is not a true comparison to the
legacy ``Salaries and Expenses'' appropriation.
\40\P.L. 114-143, Sec. 2(c).
\41\P.L. 111-281, Sec. 828(b)(4).
\42\P.L. 116-108, Sec. 2.
\43\P.L. 118-47.
\44\P.L. 110-53, Sec. 1406(m).
\45\P.L. 110-53, Sec. 1514(d).
\46\6 U.S.C. 1182.
\47\P.L. 110-53, Sec. 1204; 6 U.S.C. 1102.
\48\P.L. 109-295, Sec. 634; 6 U.S.C. 722.
\49\P.L. 115-254, Sec. 1217(b); 6 U.S.C. 762(f).
\50\P.L. 102-550, Sec. 1431.
\51\P.L. 112-141, Sec. 100216.
\52\P.L. 115-31.
\53\P.L. 107-273, Div. A., Sec. 101(12)(B), ``for salaries and expenses of citizenship and benefits''.
\54\P.L. 107-77, see also, H. Rept. 107-278 (the accompanying conference report).
\55\Represents funding for the Citizenship and Integration Grant Program within discretionary funds for U.S. Citizenship and Immigration Services. This
is not a true comparison to the legacy funding.
\56\P.L. 100-690, Sec. 6164.
\57\P.L. 101-509.
\58\Funding recommended for fiscal year 2026 is for the Federal Law Enforcement Training Centers, Operations and Support appropriation. This is not a
true comparison to the legacy ``Salaries and Expenses'' appropriation.
BUDGETARY IMPACT OF THE FY 2025 DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS BILL PREPARED IN CONSULTATION WITH THE CONGRESSIONAL
BUDGET OFFICE PURSUANT TO SECTION 308(A) OF THE CONGRESSIONAL BUDGET
ACT OF 1974
[In millions of dollars]
COMPARISON WITH BUDGET RESOLUTION
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority provided in the bill with
the appropriate allocation under section 302(b) of the Budget
Act.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) Allocation This Bill
---------------------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee
allocations to its subcommittees: Subcommittee
on Homeland Security:
Discretionary............................... 66,361 .............. 92,835 101,364
Mandatory................................... .............. .............. 1,249 1,249
----------------------------------------------------------------------------------------------------------------
\1\ Includes outlays from prior-year budget authority.
NOTE.--The bill reported to the House contains an additional $26,474 million in discretionary budget authority
and $2,912 million in associated outlays for those recommended amounts, which are designated as disaster
relief funding. Pursuant to section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended by the Fiscal Responsibility Act of 2023 (P.L. 118-5), these amounts are considered
adjustmentsto the discretionary spending limits.
FIVE-YEAR OUTLAY PROJECTIONS
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(B) of the Congressional Budget Act of 1974, the
following table contains five-year projections associated with
the budget authority provided in the accompanying bill as
provided to the Committee by the Congressional Budget Office.
[In millions of dollars]
------------------------------------------------------------------------
Outlays
------------------------------------------------------------------------
Projection of outlays associated with the
recommendation:
2026............................................. \1\47,854
2027............................................. 18,248
2028............................................. 10,758
2029............................................. 4,985
2030 and future years............................ 9,752
------------------------------------------------------------------------
\1\ Excludes outlays from prior-year budget authority.
FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(C) of the Congressional Budget Act of 1974, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments.
[In millions of dollars]
------------------------------------------------------------------------
Budget Authority Outlays
------------------------------------------------------------------------
Financial assistance to State and 16,918 1,763
local governments for 2025.......
------------------------------------------------------------------------
\1\ Excludes outlays from prior-year budget authority.
PROGRAM DUPLICATION
No provision of this bill establishes or reauthorizes a
program of the Federal Government know to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
identified in the most recent Catalog of Federal Domestic
Assistance.
COMMITTEE HEARINGS
For the purposes of clause 3(c)(6) of rule XIII of the
Rules of the House of Representatives, the following hearings
were used to develop or consider the Department of Homeland
Security Appropriations Act, 2026:
The Subcommittee on Homeland Security held a hearing on
April 9, 2025, entitled ``Member Day.'' The Subcommittee
received testimony from:
The Honorable Sylvia R. Garcia (TX-29)
The Honorable Laura A. Gillen (NY-04)
The Honorable Jared E. Moskowitz (FL-23)
The Honorable Jefferson H. Van Drew (NJ-02)
The Subcommittee on Homeland Security held a hearing on May
6, 2025, entitled ``Oversight Hearing--Department of Homeland
Security.'' The Subcommittee received testimony from:
The Honorable Kristi Noem, Secretary, U.S. Department of
Homeland Security
The Subcommittee on Homeland Security held a hearing on May
7, 2025, entitled ``Oversight Hearing--The Federal Emergency
Management Agency.''
The Subcommittee received testimony from:
Cameron Hamilton, Senior Official Performing the Duties of
the Administrator, Federal Emergency Management Agency
The Subcommittee on Homeland Security held a hearing on May
8, 2025, entitled ``Oversight Hearing--The Cybersecurity and
Infrastructure Security Agency.'' The Subcommittee received
testimony from:
Bridget Bean, Senior Official Performing the Duties of the
Director, Cybersecurity and Infrastructure Security Agency
The Subcommittee on Homeland Security held a hearing on May
14, 2025, entitled ``Oversight Hearing--U.S. Immigration and
Customs Enforcement.'' The Subcommittee received testimony
from:
Todd M. Lyons, Acting Director, U.S. Immigration and
Customs Enforcement
The Subcommittee on Homeland Security held a hearing on May
14, 2025, entitled ``Oversight Hearing--The United States Coast
Guard.'' The Subcommittee received testimony from:
Admiral Kevin E. Lunday, Acting Commandant, United States
Coast Guard
The Subcommittee on Homeland Security held a hearing on May
15, 2025, entitled ``Oversight Hearing--U.S. Customs and Border
Protection.'' The Subcommittee received testimony from:
Pete R. Flores, Acting Commissioner, U.S. Customs and
Border Protection
The Subcommittee on Homeland Security held a hearing on May
20, 2025, entitled ``Oversight Hearing--The Transportation
Security Administration.'' The Subcommittee received testimony
from:
Ha Nguyen McNeill, Acting Administrator, Transportation
Security Administration
DETAILED EXPLANATIONS IN REPORT
The following table contains detailed funding
recommendations at the program, project, and activity (PPA)
level.
MINORITY VIEWS
We first and foremost want to convey our deep appreciation
to all Department of Homeland Security (DHS) personnel for the
critical work they do every day to protect our country. We
recognize our shared goals to make smart, cost-effective
investments that prioritize the DHS workforce as well as its
versatile mission. While we acknowledge that there are several
bipartisan funding initiatives in this bill, unfortunately, we
cannot support it. The bill underinvests in critical missions
that keep our communities safe from growing national security
threats and will ultimately increase costs and burdens on State
and local governments to respond to future major disasters.
Furthermore, it fails to hold the current administration
accountable and uphold core, constitutional protections in the
Department's execution of the laws it is entrusted to enforce.
We regret that this legislation reflects a missed opportunity
to strike a balance in optimizing funding across all parts of
the DHS mission while upholding the ideals and values that make
America the greatest nation in the world.
There is no question that encounters at the border began to
decline at the start of fiscal year 2025. However, U.S.
Immigration and Customs Enforcement (ICE) made a conscious
choice under a continuing resolution to ramp up detention
space, well above the levels that would be fiscally
responsible, without clear justification to the Committee. The
current administration has made no secret of their goals to
deport one million individuals this calendar year, and it
appears they are willing to do so at any cost. While the bill
rewards poor financial management with even more investment in
for-profit detention centers with 50,000 detention beds, it
neglects to ensure commensurate independent oversight for this
growth. However, we are pleased the bill now includes
Democratic provisions that will prohibit the Department using
funds to detain and deport American citizens and reaffirm
constitutional protections. Such provisions would not need to
be restated in normal times. However, the current
administration's reckless approach to deportation and reliance
on private contractors requires these additions to the bill.
The bill also embraces the elimination of longstanding
programs that provide legal pathways, such as preventing the
use of country-specific parole processes for certain nationals
fleeing socialist dictatorships or gang rule from Cuba, Haiti,
Nicaragua, and Venezuela or temporary protected status for
individuals from Afghanistan, Cameroon, and Honduras. In
particular, the bill's failure to extend temporary protected
status to Afghans who in some cases directly assisted U.S.
troops during the war there, is tantamount to a death sentence
for these individuals. Democrats attempted to include
protections in the bill for these individuals and look forward
to hopefully securing protections in a final bill.
The bill eliminates the Family Reunification Task Force in
defiance of the Ms. L et al. settlement despite Democratic
efforts to restore them. Further, the bill guts funding for
refugee and asylum programs and eliminates the Citizenship and
Integration Grant Program which provides resources for those
seeking to lawfully pursue U.S. citizenship. Underfunding
asylum operations will only further overwhelm the immigration
court backlog and ensure more noncitizens are released into the
interior with the threat of deportation looming over them as
they await the outcome of their case.
Additionally, despite the ever-increasing threats against
American families, businesses, critical infrastructure, and
national institutions, this bill weakens our national security
and leaves Americans vulnerable to attacks from our
adversaries. Following the administration's June 21, 2025
bombing of Iran nuclear sites, the Department issued a National
Terrorism Advisory System Bulletin confirming the likeliness of
cyber-attacks against U.S. networks by pro-Iranian hackers and
cyber actors affiliated with the Iranian government.
Unfortunately, this bill takes years of investment in
cybersecurity backwards through the adoption of $130 million in
DOGE staffing cuts to the Cybersecurity and Infrastructure
Security Agency (CISA). The bill sets in motion a growing push
to require State and local governments to detect and mitigate
the next ransomware attack and protect Americans' sensitive
data from hackers with fewer CISA personnel to work alongside
them. Communities nationwide, which lack the funding and
expertise to navigate the next attack on hospitals, schools,
water plants, financial institutions, or telecommunications,
will have to prepare to do so on their own.
Further, in the face of worsening hurricanes, wildfires,
and other natural disasters, this bill doubles-down on the
current administration's effort to throw the responsibility of
disaster recovery and mitigation onto the States. The bill
reduces Federal Emergency Management Agency (FEMA) personnel by
$93 million and ignores a current $8 billion shortfall in the
Disaster Relief Fund. Emergency management, response, recovery,
and mitigation is not waste. Helping our neighbors and fellow
Americans rebuild their lives after disasters is not abuse.
States simply don't have the ability to rebuild after disasters
on their own. We saw earlier this year after our FEMA fiscal
year 2026 budget hearing what the Department does to leadership
when they speak truth to power. While we are disappointed that
Democratic amendments to protect the elimination of FEMA and
secure additional emergency supplemental funds for the DRF
ahead of hurricane season were not agreed to, we look forward
to continuing to work with the majority on the restoration of
the Building Resilient Infrastructure and Communities funding
that so many of our communities rely on to reduce their
vulnerability to future and repeat disasters.
Finally, this bill has been considered during a time of
remarkable upheaval for the Committee. Since taking office in
January 2025, the executive branch has been engaged in a
rampant, unlawful, and unconstitutional disregard for spending
laws. In particular, the Office of Management and Budget has
been at the center of a government-wide effort to thwart the
intent of this Committee's laws in its actions, while also
unlawfully refusing to publish the agency's legally-binding
budget decisions (known as apportionments) in contravention of
an unambiguous and constitutionally sound assertion of the
Congress's authority to impose transparency requirements upon
the executive branch.
The current executive branch has contended--at times--an
inherent Presidential power to impound. However, while this
bill was approved over the objection of almost all Democrats on
the Committee, the debate and proceedings made unmistakably
clear, just as former Chief Justice of the Supreme Court of the
United States William Rehnquist concluded (at the time an
Assistant Attorney General with the Department of Justice
Office):
``With respect to the suggestion that the President
has a constitutional power to decline to spend
appropriated funds, we must conclude that existence of
such a broad power is supported by neither reason nor
precedent.''
The laws considered and enacted by this Committee reflect
the legally binding expression of Congress's constitutional
power of the purse, effectuated through the conditions and
permissions the Committee places on spending authority through
the Congress's Article I powers. Just as the Committee chooses
to allow or restrict the purpose for any funds in the bill, so
too does the Committee decide the amount for which an activity
shall be funded. When the Committee allows the flexibility of
merely mandating a ceiling (or upper limit) or a floor (lowest
required level) for an activity, it does so in contrast to
every other instance where it has included a specific amount,
which unless otherwise stated is Congress's clear intent to be
both a floor and a ceiling.
These perspectives are both uncontroversial and
longstanding principles on which all of the Committee's work
rests.
In closing, this bill falls far short of our responsibility
to provide for the safety and security of Americans. As the
appropriations process continues, we look forward to working
with the majority and urge them to join us in developing final
legislation that exemplifies our responsibility to govern and
prioritizes the safety and security of the homeland.
Rosa DeLauro,
Ranking Member.
Lauren Underwood.