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Joint Explanatory Statement EXPLANATORY STATEMENT SUBMITTED BY MRS. LOWEY, CHAIRWOMAN OF THE HOUSE COMMITTEE ON APPROPRIATIONS REGARDING H.J. RES. 31 CONSOLIDATED APPROPRIATIONS ACT, 2019 The following is an explanation of the Consolidated Appropriations Act, 2019. This Act includes 7 regular appropriations bills for fiscal year 2019. The divisions contained in the Act are as follows: • Division A - Department of Homeland Security Appropriations Act, 2019 • Division B -Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019 • Division C - Commerce, Justice, Science, and Related Agencies Appropriations Act, 2019 • Division D - Financial Services and General Government Appropriations Act, 2019 • Division E - Department of the Interior, Environment, and Related Agencies Appropriations Act, 2019 1 • Division F - Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 • Division G - Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2019 • Division H- Extensions, Technical Corrections, and Other Matters Section 1 of the Act is the short title of the bill. Section 2 of the Act displays a table of contents. Section 3 of the Act states that, unless expressly provided otherwise, any reference to "this Act" contained in any division shall be treated as referring only to the provisions of that division. Section 4 of the Act provides a statement of appropriations. Section 5 of the Act states that each amount designated by Congress as being for Overseas Contingency Operations/Global War on Terrorism (OCO/GWOT) is contingent on the President so designating all such OCO/GWOT amounts and transmitting such designations to Congress. The provision is consistent with the requirements in the Budget Control Act of 2011. Section 6 of the Act provides for adjustments to compensation. 2 Section 7 of the Act makes a technical correction to amend the heading and short title of Division O of the Consolidated Appropriations Act, 2018 (Public Law 115-141) to be cited as the "Stephen Sepp Wildfire Suppression Funding and Forest Management Activities Act". The Act does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits as defined by clause 9 of rule XXI of the Rules of the House of Representatives. 3 DIVISION A-DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2019 The following is an explanation of Division A, which makes appropriations for the Department of Homeland Security (DHS) for fiscal year 2019. Funding provided in this conference agreement not only sustains existing programs that protect the nation from all manner of threats, it ensures DHS's ability to improve preparedness at the federal, state, and local levels, to prevent and respond to terrorist attacks, and to hire, train, and equip DHS frontline forces protecting the homeland. The language set forth in Senate Report 115-283 carries the same weight as language included in this joint explanatory statement and should be complied with unless specifically addressed to the contrary in the conference agreement or in this joint explanatory statement. While the statement repeats some language for emphasis, it does not negate any language in the Senate report unless expressly stated. Direction contained in Senate Report 115- 283 related to the non-pay component of "Operations and Support" appropriations may be used by DHS as guidance. When this explanatory statement refers to the Committees or the Committees on Appropriations, these references are to the House Appropriations Subcommittee on Homeland Security and the Senate Appropriations Subcommittee on Homeland Security. This explanatory statement refers to certain laws, organizations, persons, funds, and documents as follows: the Budget Control Act of 2011, Public Law 112-25, is referenced as the BCA; the Implementing Recommendations of the 9/11 Commission Act of 2007, Public Law 110-53, is referenced as the 9/11 Act; the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, is referenced as the Stafford Act; the Department of Homeland Security is referenced as DHS or the Department; the Government Accountability Office is referenced as GAO; and the Office of Inspector General of the Department of Homeland Security is referenced as OIG. In addition, "full-time equivalents" are referred to as FTE; "full-time positions" are referred to as FTP; "Information Technology" is referred to as IT; the DHS "Working Capital Fund" is referred to as WCF; "program, project, and activity" is referred to as PP A; 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 the Department of Homeland Security; any reference to CAS shall mean common appropriations Structure; 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 2019 that was submitted to Congress on February 12, 2018. 1 Classified Programs Recommended adjustments to classified programs are addressed in a classified annex to this joint explanatory statement. TITLE I-DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT OPERATIONS AND SUPPORT The conference agreement includes an increase for Operations and Support of $12,521,000 above the budget request, including increases of: $4,487,000 for the Office for Civil Rights and Civil Liberties, of which $750,000 is for the Compliance Branch; $2,120,000 for the Immigration Data Integration Initiative; $1,638,000 for the Blue Campaign to continue direct funding for personnel; $321,000 for the Office of the Citizenship and Immigration Services Ombudsman; and $1,261,000 for the Privacy Office. The conferees provide $700,000 for the Office of General Counsel to support an increase in staffing. The total also reflects increases above the request of$4,l 11,000 to sustain fiscal year 2018 operational levels, $2,312,000 for increased rent, and $1,177,000 for the 2019 pay raise. The Secretary is directed to provide a monthly report, to be made public on the Department's website, on family separations, referrals for prosecution, family unit detention, referral of minors to the Office of Refugee Resettlement, and removals, as detailed in Senate Report 115-283. The report shall also include data on the total number of referrals for prosecution, as described in House Report 115-948. The Office of Terrorism Prevention Partnerships is directed to brief the Committees, within 90 days of the date of enactment of this Act, on efforts to combat domestic extremism and terrorist radicalization, as described in House Report 115-948. The Office of Civil Rights and Civil Liberties shall ensure that complainants receive information within 30 days of the completion of an investigation regarding its outcome, as described in House Report 115-948. 2 The Department shall update the Committees on the implementation and oversight of DHS Policy Directive 047-02, related to cell site simulators by the Department and its state and local partners. The conference agreement includes a provision requiring the continued submission and publication of the Department's annual Visa Overstay Report and border security metrics. The Department is also reminded of its requirement to submit findings related to the Blue Campaign, as directed in House Report 115-948. As described in House Report 115-948, the Department is directed to continue its semi­ annual updates on the Public Complaint and Feedback System Working Group. In addition, the Department is directed to sustain the Blue Campaign at not less than its total fiscal year 2016 level of $5,150,000 in fiscal year 2019 using component contributions to cover non-personnel program costs. The Department shall account for and propose full, direct funding for the program in the justification materials that accompany all future budget submissions, as directed in the explanatory statement accompanying Public Law 115-31. In accordance with the explanatory statement accompanying the Consolidated Appropriations Act, 2018 (Public Law 115-141 ), the Department recently briefed the Committees on efforts to understand the homeland security needs of rural communities, and the Deputy Assistant Secretary for Intergovernmental Affairs has been given the responsibility for on-going stakeholder engagement. The Department is directed to brief the Committees not later than 60 days after the date of enactment of this Act on current priorities and focus areas related to rural communities. MANAGEMENT DIRECTORATE OPERATIONS AND SUPPORT The conference agreement includes an increase for Operations and Support of $249,133,000 above the budget request, including increases of: $4,631,000 for the 2019 pay raise; $2,500,000 for increased costs to support the National Finance Center; $3,100,000 for the Cybersecurity Internship Program within the Office of the Chieflnformation Officer (OCIO); and $12,000,000 for Data Center Optimization. The bill includes a reduction below the request of $879,000 for the Joint Wireless Program Management Office to reflect updated estimates for personnel. 3 Additionally, $230,808,000 is provided for the Office of Biometric Identity Management (OBIM), which is funded within the Management Directorate in accordance with the Cybersecurity and Infrastructure
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