Consolidated Appropriations Act, 2019

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116TH CONGRESS 1st Session

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HOUSE OF REPRESENTATIVES

!

REPORT 116?9

MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY FOR FISCAL YEAR 2019, AND FOR OTHER PURPOSES

CONFERENCE REPORT

TO ACCOMPANY

H.J. Res. 31

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35?014

FEBRUARY 13, 2019.--Ordered to be printed

U.S. GOVERNMENT PUBLISHING OFFICE WASHINGTON : 2019

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[COMMITTEE PRINT] 116TH CONGRESS

1st Session " HOUSE OF REPRESENTATIVES !

REPORT 116?9

MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY FOR FISCAL YEAR 2019, AND FOR OTHER PURPOSES

FEBRUARY 13, 2019.--Ordered to be printed

Mrs. LOWEY, from the committee of conference, submitted the following

CONFERENCE REPORT

[To accompany H.J. Res. 31]

The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the joint resolution (H.J. Res. 31), making further continuing appropriations for the Department of Homeland Security for fiscal year 2019, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows:

In lieu of the matter proposed to be inserted by the Senate amendment, insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Consolidated Appropriations Act, 2019''.

SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Statement of appropriations. Sec. 5. Availability of funds. Sec. 6. Adjustments to compensation. Sec. 7. Technical correction.

DIVISION A--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2019

Title I--Departmental Management, Operations, Intelligence, and Oversight Title II--Security, Enforcement, and Investigations

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Title III--Protection, Preparedness, Response, and Recovery Title IV--Research, Development, Training, and Services Title V--General Provisions

DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019 Title I--Agricultural Programs Title II--Farm Production and Conservation Programs Title III--Rural Development Programs Title IV--Domestic Food Programs Title V--Foreign Assistance and Related Programs Title VI--Related Agency and Food and Drug Administration Title VII--General Provisions

DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019

Title I--Department of Commerce Title II--Department of Justice Title III--Science Title IV--Related Agencies Title V--General Provisions

DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2019

Title I--Department of the Treasury Title II--Executive Office of the President and Funds Appropriated to the President Title III--The Judiciary Title IV--District of Columbia Title V--Independent Agencies Title VI--General Provisions--This Act Title VII--General Provisions--Government-wide Title VIII--General Provisions--District of Columbia

DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019

Title I--Department of the Interior Title II--Environmental Protection Agency Title III--Related Agencies Title IV--General Provisions

DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2019

Title I--Department of State and Related Agency Title II--United States Agency for International Development Title III--Bilateral Economic Assistance Title IV--International Security Assistance Title V--Multilateral Assistance Title VI--Export and Investment Assistance Title VII--General Provisions Title VIII--Overseas Contingency Operations/Global War on Terrorism

DIVISION G--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019

Title I--Department of Transportation Title II--Department of Housing and Urban Development Title III--Related Agencies Title IV--General Provisions--This Act

DIVISION H--EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS

Title I--Immigration Extensions Title II--Technical Corrections Title III--Budgetary Effects

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SEC. 3. REFERENCES TO ACT.

Except as expressly provided otherwise, any reference to ``this Act'' contained in any division of this Act shall be treated as referring only to the provisions of that division.

SEC. 4. STATEMENT OF APPROPRIATIONS.

The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2019.

SEC. 5. AVAILABILITY OF FUNDS.

Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.

SEC. 6. ADJUSTMENTS TO COMPENSATION.

For a payment to Joe Anne Jones, widow of Walter B. Jones Jr., late a Representative from North Carolina, $174,000.

SEC. 7. TECHNICAL CORRECTION.

Division O of the Consolidated Appropriations Act, 2018 (Public Law 115?141) is amended--

(1) in the heading, by inserting ``Stephen Sepp'' before ``Wildfire''; and

(2) by amending section 101 to read as follows:

``SEC. 101. SHORT TITLE.

``(a) SHORT TITLE.--This division may be cited as the `Stephen Sepp Wildfire Suppression Funding and Forest Management Activities Act'.

``(b) REFERENCES.--A reference to the Wildfire Suppression Funding and Forest Management Activities Act, including a reference in a regulation, order, or other law, is deemed to refer to the Stephen Sepp Wildfire Suppression Funding and Forest Management Activities Act.''.

DIVISION A--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2019

TITLE I

DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

OPERATIONS AND SUPPORT

For necessary expenses of the Office of the Secretary and for executive management for operations and support, $141,381,000: Provided, That not to exceed $30,000 shall be for official reception and representation expenses: Provided further, That of the funds provided under this heading, $13,000,000 shall be withheld from obligation until the Secretary complies with section 106 of this Act and $13,000,000 shall be withheld from obligation until the Secretary

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provides the first report on border apprehensions required under this heading by the report accompanying this Act.

MANAGEMENT DIRECTORATE

OPERATIONS AND SUPPORT

For necessary expenses of the Management Directorate for operations and support, $1,083,837,000: Provided, That not to exceed $2,000 shall be for official reception and representation expenses.

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Management Directorate for procurement, construction, and improvements, $175,920,000, of which $55,920,000 shall remain available until September 30, 2021; and of which $120,000,000 shall remain available until September 30, 2023, and shall be transferred to and merged with the General Services Administration's Federal Buildings Fund for Department of Homeland Security headquarters consolidation at St. Elizabeths: Provided, That not later than 30 days prior to any such transfer of funds, the Secretary of Homeland Security and the Administrator of General Services shall provide to the Committees on Appropriations of the Senate and the House of Representatives a detailed plan delineating the proposed use of such transferred funds for such headquarters consolidation project.

RESEARCH AND DEVELOPMENT

For necessary expenses of the Management Directorate for research and development, $2,545,000, to remain available until September 30, 2020.

INTELLIGENCE, ANALYSIS, AND OPERATIONS COORDINATION

OPERATIONS AND SUPPORT

For necessary expenses of the Office of Intelligence and Analysis and the Office of Operations Coordination for operations and support, $253,253,000, of which $78,299,000 shall remain available until September 30, 2020: Provided, That not to exceed $3,825 shall be for official reception and representation expenses and not to exceed $2,000,000 is available for facility needs associated with secure space at fusion centers, including improvements to buildings.

OFFICE OF INSPECTOR GENERAL

OPERATIONS AND SUPPORT

For necessary expenses of the Office of Inspector General for operations and support, $168,000,000: Provided, That not to exceed $300,000 may be used for certain confidential operational expenses, including the payment of informants, to be expended at the direction of the Inspector General.

ADMINISTRATIVE PROVISIONS

SEC. 101. Not later than 30 days after the last day of each month, the Chief Financial Officer of the Department of Homeland

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Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a monthly budget and staffing report that includes total obligations of the Department for that month and for the fiscal year at the appropriation and program, project, and activity levels, by the source year of the appropriation.

SEC. 102. (a) The Secretary of Homeland Security shall submit a report not later than October 15, 2019, to the Inspector General of the Department of Homeland Security listing all grants and contracts awarded by any means other than full and open competition during fiscal years 2018 and 2019.

(b) The Inspector General shall review the report required by subsection (a) to assess departmental compliance with applicable laws and regulations and report the results of that review to the Committees on Appropriations of the Senate and the House of Representatives not later than February 15, 2020.

SEC. 103. The Secretary of Homeland Security shall require that all contracts of the Department of Homeland Security that provide award fees link such fees to successful acquisition outcomes, which shall be specified in terms of cost, schedule, and performance.

SEC. 104. The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees on Appropriations of the Senate and the House of Representatives of any proposed transfers of funds available under section 9705(g)(4)(B) of title 31, United States Code from the Department of the Treasury Forfeiture Fund to any agency within the Department of Homeland Security: Provided, That none of the funds identified for such a transfer may be obligated until the Committees on Appropriations of the Senate and the House of Representatives are notified of the proposed transfers.

SEC. 105. All official costs associated with the use of Government aircraft by Department of Homeland Security personnel to support official travel of the Secretary and the Deputy Secretary shall be paid from amounts made available for the Office of the Secretary.

SEC. 106. Section 107 of the Department of Homeland Security Appropriations Act, 2018 (division F of Public Law 115?141), related to visa overstay data, shall apply in fiscal year 2019, except that the reference to ``this Act'' shall be treated as referring to this Act, and the reference to ``2017'' shall be treated as referring to ``2018''.

TITLE II

SECURITY, ENFORCEMENT, AND INVESTIGATIONS

U.S. CUSTOMS AND BORDER PROTECTION

OPERATIONS AND SUPPORT

For necessary expenses of U.S. Customs and Border Protection for operations and support, including the transportation of unaccompanied minor aliens; the provision of air and marine support to Federal, State, and local agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; at the discretion of the Secretary of Homeland Security, the provision

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of such support to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts; the purchase and lease of up to 7,500 (6,500 for replacement only) police-type vehicles; the purchase, maintenance, or operation of marine vessels, aircraft, and unmanned aerial systems; and contracting with individuals for personal services abroad; $12,179,729,000; of which $3,274,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $2,000,000,000 shall be available until September 30, 2020; and of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; and of which $58,710,000 is for additional customs officers: Provided, That not to exceed $34,425 shall be for official reception and representation expenses: Provided further, That not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations: Provided further, That not to exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security.

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of U.S. Customs and Border Protection for procurement, construction, and improvements, including procurements to buy marine vessels, aircraft, and unmanned aerial systems, $2,515,878,000, of which $870,656,000 shall remain available until September 30, 2021, and of which $1,645,222,000 shall remain available until September 30, 2023.

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

OPERATIONS AND SUPPORT

For necessary expenses of U.S. Immigration and Customs Enforcement for operations and support, including the purchase and lease of up to 3,790 (2,350 for replacement only) police-type vehicles; overseas vetted units; and maintenance, minor construction, and minor leasehold improvements at owned and leased facilities; $7,542,153,000; of which $6,000,000 shall remain available until expended for efforts to enforce laws against forced child labor; of which $75,448,000 shall remain available until September 30, 2020; of which $1,500,000 is for paid apprenticeships for participants in the Human Exploitation Rescue Operative Child-Rescue Corps; of which not less than $15,000,000 shall be available for investigation of intellectual property rights violations, including operation of the National Intellectual Property Rights Coordination Center; and of which not less than $4,273,857,000 shall be for enforcement, detention, and removal operations, including transportation of unaccompanied minor aliens: Provided, That not to exceed $11,475 shall be for official reception and representation expenses: Provided further, That not to exceed $10,000,000 shall be available until expended for conducting special operations under section 3131 of the Customs

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